4.2.2016
2.
EN
Official Journal of the European Union
L 29/23
For economic activities other than services and subject to the reservations set out in Annex II:
(a) each Party shall allow investors engaged in production of goods on the territory of the other Party to transfer intracorporate transferees, as defined in Article 47(2)(b), and business visitors for establishment purposes, as defined in
Article 47(2)(a). The entry and temporary stay shall be permitted for a period of up to three years for intra-corporate
transferees, and 90 days in any 12-month period for business visitors for establishment purposes;
(b) neither Party shall maintain or adopt measures defined as limitations on the total number of natural persons that an
investor may transfer as intra-corporate transferees or business visitors for establishment purposes in the form of
numerical quotas or a requirement of an economic needs test and as discriminatory limitations.
Article 49
Contractual service suppliers
1.
The Republic of Kazakhstan shall allow the supply of services in its territory by juridical persons of the European
Union through the presence of natural persons who are citizens of the Member States of the European Union, subject to
the following conditions:
(a) natural persons entering the Republic of Kazakhstan shall possess:
(i) a university degree or an advanced technical qualification demonstrating knowledge of an equivalent level; and
(ii) professional qualifications where this is required to exercise an activity in the sector concerned pursuant to the
law, regulations or requirements of the Republic of Kazakhstan;
(b) natural persons shall not receive remuneration for the provision of services, other than the remuneration paid by the
juridical person of the European Union, during their stay in the Republic of Kazakhstan.
(c) natural persons entering the Republic of Kazakhstan shall have been employed by the juridical person of the
European Union for at least the year preceding the date of submission of an application for entry into the Republic
of Kazakhstan. In addition, the natural persons shall possess, at the date of submission of an application for entry
into the Republic of Kazakhstan, at least five years professional experience in the sector of activity which is the
subject of the contract;
(d) the Republic of Kazakhstan may apply the economic needs test and an annual quota for work permits reserved for
contractual service suppliers of the European Union gaining access to the services market of the Republic of
Kazakhstan. The total number of contractual service suppliers of the European Union entering the services market of
the Republic of Kazakhstan shall not exceed 800 persons per year;
(e) after the expiration of a five-year period following the accession of the Republic of Kazakhstan to the WTO, the
economic needs test shall not be applied (1). During the period when the Republic of Kazakhstan applies the
economic needs test (2), the entry and temporary stay of natural persons within the Republic of Kazakhstan pursuant
to the fulfilment of the contract shall be for a cumulative period of not more than four months in any 12-month
period or for the duration of the contract, whichever is less. After the expiration of a five-year period following the
accession of the Republic of Kazakhstan to the WTO, the entry and temporary stay shall be for a cumulative period
of not more than six months in any 12-month period or for the duration of the contract, whichever is less. The
juridical persons of the European Union shall be responsible for the timely departure of their employees from the
territory of the Republic of Kazakhstan.
(1) All other requirements, laws and regulations regarding entry, stay and work shall continue to apply.
(2) For greater clarity, for the Republic of Kazakhstan, ‘economic needs test’ means procedures undertaken by a juridical person of the
Republic of Kazakhstan when attracting contractual service suppliers, whereby account must be taken of the admission of a foreign
labour force based on the national labour market conditions. These conditions are fulfilled when after the publication of a vacancy
announcement in the mass media and after a search for a competent person in the database of the competent authority, none of the
applicants meets the requirements described in the vacancy. This should not take longer than one month. Only after this procedure the
juridical person can finalise the procedure for hiring contractual service suppliers.
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