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(b) impose or maintain a numerical restriction relating to temporary entry under
paragraph 1.
5. Notwithstanding paragraph 4, a Party may require a business person seeking temporary
entry under this Section to obtain a visa or its equivalent prior to entry. Before imposing a visa
requirement, the Party shall consult, on request, with a Party whose business persons would be
affected with a view to avoiding the imposition of the requirement. With respect to an existing
visa requirement, a Party shall consult, on request, with a Party whose business persons are subject
to the requirement with a view to its removal.
Section B: Traders and Investors
1. Each Party shall grant temporary entry and provide confirming documentation to a business
person seeking to:
(a) carry on substantial trade in goods or services principally between the territory of
the Party of which the business person is a citizen and the territory of the Party into
which entry is sought; or
(b) establish, develop, administer or provide advice or key technical services to the
operation of an investment to which the business person or the business person's
enterprise has committed, or is in the process of committing, a substantial amount
of capital,
in a capacity that is supervisory, executive or involves essential skills, provided that the business
person otherwise complies with the Party’s measures applicable to temporary entry.
2. No Party shall:
(a) as a condition for temporary entry under paragraph 1, require labor certification
tests or other procedures of similar effect; or
(b) impose or maintain a numerical restriction relating to temporary entry under
paragraph 1.
3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary
entry under this Section to obtain a visa or its equivalent prior to entry. Before imposing a visa
requirement, the Party shall consult with a Party whose business persons would be affected with a
view to avoiding the imposition of the requirement. With respect to an existing visa requirement,
a Party shall consult, on request, with a Party whose business persons are subject to the requirement
with a view to its removal.