L 29/22
Official Journal of the European Union
EN
4.2.2016
(b) the Republic of Kazakhstan shall grant to juridical persons and branches of the European Union treatment no less
favourable than that accorded to juridical persons and branches of the Republic of Kazakhstan, respectively, in
respect of their establishment and operations for economic activities other than services. National treatment granted
by the Republic of Kazakhstan is without prejudice to the terms of the Protocol on the Accession of the Republic of
Kazakhstan to the WTO.
Se cti on 3
Tem p or ar y pr e sen ce o f nat ur a l p e rs o ns fo r bu s ine ss p u r p o s e s
Article 47
Coverage and definitions
1.
This Section applies to measures by the Parties concerning the entry into, and temporary stay in, their territories
of business visitors for establishment purposes, intra-corporate transferees, and contractual services suppliers in
accordance with Article 39(5) and (6).
2.
For the purposes of this Section:
(a) ‘business visitors for establishment purposes’ means natural persons, employed in a senior position by a juridical
person of a Party, who are responsible for setting up an establishment in the territory of the other Party. They do
not offer or provide services or engage in any other economic activities than required for establishment purposes.
They do not receive remuneration from a source located within the host Party;
(b) ‘intra-corporate transferees’ means natural persons who have been employed by a juridical person of a Party or have
been partners in it (1) for at least one year and who are temporarily transferred to an establishment that may be a
subsidiary, branch or head company of the juridical person of a Party in the territory of the other Party.
The natural person concerned must belong to one of the categories as defined in the Parties' respective GATS
schedules, which for the purposes of this Section shall apply to all economic activities;
(c) ‘contractual service supplier’ means a natural person employed by a juridical person of a Party which itself is not an
agency for placement and supply services of personnel, nor acting through such agencies, and which has no
establishment in the territory of the other Party and which has concluded a bona fide contract (2) to supply services
with a final consumer in the latter Party, requiring the presence on a temporary basis of its employees in that latter
Party, in order to fulfil the contract to provide services;
(d) ‘qualifications’ means diplomas, certificates and other evidence of formal qualification issued by an authority,
designated pursuant to legislative, regulatory or administrative provisions, certifying successful completion of
professional training.
Article 48
Intra-corporate transferees and business visitors for establishment purposes
1.
For services, the Parties reaffirm their respective obligations arising from their commitments under the GATS as
regards the entry and temporary stay of intra-corporate transferees or business visitors for establishment purposes. The
reservations listed therein apply (3).
(1) For greater clarity, the partners shall be part of the same juridical person.
(2) The service contract shall comply with the laws, regulations and legal requirements of the Party where the contract is executed.
(3) For greater clarity, the reservations include also the reservations in the definitions of the categories of intra-corporate transferees and
business visitors for establishment purposes.
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