CUSMA earlier NAFTA

The CUSMA seeks to liberalize trade between the U.S., Mexico and Canada and abolish tariffs and other trade barriers. The Agreement opens up the three countries’ markets by ensuring that future laws will not create barriers to doing business.  

In order for trade to expand, individuals must have access to each other’s country to sell, provide goods or services or trade and invest. Chapter 16 of the CUSMA, entitled “Temporary Entry for Business Persons”, provides the mechanisms to allow selected categories of temporary workers access to each other’s market(s).

Chapter 16 eases the temporary entry of citizens of the U.S., Mexico and Canada, whose activities are related to the trade of goods or services, or to  investment. The CUSMA is a reciprocal agreement and Canadians will be  afforded similar treatment when seeking entry to the U.S. or Mexico. Chapter 16 does not replace, but adds to our existing general provisions. An American or Mexican business person seeking entry to Canada is eligible for consideration under the provisions of the CUSMA, as well as the general provisions which apply to all foreign workers.

Categories of business persons included under the CUSMA;    

Business visitors 

 Engaged in international business activities related to research and design; growth, manufacture and production; marketing; sales; distribution; after-sales service; and general service. These activities reflect the components of a business cycle as ink appendix 1, Section B of CUSMA. Business visitors are  authorized to enter Canada for business purposes under R186(a) and can carry out their activities without the need for a work permit.

Intra-company transferees

Intra-company transferees are employed by an American or Mexican enterprise in a managerial   or executive capacity, or in one which involves specialized knowledge, and   are being transferred to the Canadian enterprise, parent, branch, subsidiary, or affiliate, to provide services in the same capacity. Intra-company transferees are exempt from the LMIA process but require a work permit.

Traders and Investors

Traders and investors carry on substantial trade in goods or services between the U.S. or Mexico and Canada or have committed, or are in the process of committing, a substantial amount of capital in Canada. Traders and investors   must be employed in a supervisory or executive capacity or one that involves   essential skill traders and investors are not subject to the LMIA process but   require a work permit for which they must apply at a visa office before departing for Canada.