Only a Chilean natural or juridical person may register an aircraft in Chile. A juridical person must be constituted in Chile with principal domicile and real effective seat in Chile. In addition, a majority of its ownership must be held by Chilean natural or juridical persons, which in turn must comply with the aforementioned requisites.
The president, manager, majority of directors and/or administrators of the juridical person must be Chilean natural persons.
Foreign registered aircraft engaged in non-commercial activities may not remain in Chile more than 30 days of its date of entry into Chile, unless authorized by the Dirección Generalde Aeronáutica Civil. For greater clarity, this measure shall not apply to specialty air services as defined in Article H-12(2) of this Agreement, except for glider towing and parachute jumping.
In order to work as crew members on aircraft used by a Chilean aviation company, foreign aviation staff shall be required to first obtain a Chilean license with the appropriate permits enabling them to discharge the pertinent duties.
Foreign aviation personnel shall be allowed to work in that capacity in Chile provided that the license or authorization granted by a foreign country is validated by Chilean civil aviation authorities. In the absence of an international agreement regulating such validation, the license or authorization shall be granted under conditions of reciprocity. In that case, proof shall be submitted showing that the licenses or authorizations were issued or validated by the pertinent authorities in the State where the aircraft is registered, that the documents are in force and that the requirements for issuing or validating such licenses and authorizations meet or exceed the standards required in Chile for analogous cases.
Air transportation services may be provided by Chilean or foreign companies subject to the condition that, along the routes in which they operate, foreigners grant similar conditions to Chilean aviation companies when so requested. The Junta Aeronáutica Civil, by means of a substantiated resolution (resolución fundada), may terminate, suspend or limit domestic traffic services (cabotage) or any other class of commercial aviation services carried out solely in Chilean territory by foreign companies or aircraft if in their country of origin the right to equal treatment for Chilean companies and aircraft is denied.
Foreign civil aircraft not engaging in commercial transport activities or non-scheduled commercial air transport intending to enter Chilean territory, including its territorial waters, to fly over Chile and to make stop-overs for non-commercial purposes, shall be required to notify the Dirección General de Aeronáutica Civil at least twenty-four hours in advance. Commercial traffic aircraft not operating on a regular basis shall not be allowed to carry passengers, cargo or mail in Chilean territory without prior authorization by the Junta de Aeronáutica Civil.
Phase-Out:
None
Sector:
Transportation
Sub-Sector:
Land Transportation
Industry Classification:
CPC 712 Other land transport services
Type of Reservation:
National Treatment (Article H-02)
Most-Favoured Nation (Article H-03)
Local Presence (Article H-05)
Measures:
Decreto Supremo 212 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, noviembre 21, 1992
Decreto 163 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, enero 4, 1985
Decreto Supremo 257 del Ministerio de Relaciones Exteriores, Diario Oficial, octubre 17, 1991
Description:
Cross-Border Services
Ground transportation service providers must be registered with the Registro Nacional by means of an application submitted to the Secretario Regional Ministerial de Transportes y Telecomunicaciones. In the case of urban services, the request must be submitted to the Secretario Regional of the area where the services are to be rendered and, in the case of rural and inter-city services, in the region where the applicant resides. All information required by law must be included on the registration request and the following documents, among others, must be attached: photocopy of the National Identification card and in the case of juridical persons, public documents verifying incorporation, the name and domicile of the legal representative and a document certifying such status. Foreign natural and juridical persons authorized to provide international transportation in Chilean territory cannot provide local transportation services and/or participate, in any form, in such activities within Chilean territory.
Only companies with real and effective domicile and incorporated under the laws of the following countries can provide international land transportation between Chile, Argentina, Bolivia, Brasil, Peru, Uruguay and Paraguay. Furthermore, in the case of foreign juridical persons more than half of the capital and the effective control of such juridical persons must be in the hands of nationals of Chile, Argentina, Bolivia, Brasil, Peru, Uruguay or Paraguay to obtain a permit to provide international land transportation services.
Phase-out:
None
Sector:
Transportation
Sub-Sector:
Land Transportation
Industry Classification:
CPC 712 Other land transport services
Type of Reservation:
National Treatment (Article H-02)
Most-Favoured-Nation Treatment (Article H-03)
Level of Government:
Measures:
Ley 18.290, Diario Oficial, febrero 7, 1984
Decreto Supremo 485 del Ministerio de Relaciones Exteriores, Diario Oficial, septiembre 7, 1960, Convención de Ginebra.
Description:
Cross-Border Services
Motor vehicles with foreign licence plates entering Chile on a temporary basis under the provisions set forth in the "Convention on Highway Traffic" adopted in Geneva in 1949 shall be authorized to travel freely on Chilean territory for the period established in the above mentioned Convention, provided that they meet the requirements established by Chilean law.
Holders of valid international driving licences or certificates, issued by a foreign country pursuant to the Geneva Convention shall be authorized to travel throughout Chilean territory. Drivers of vehicles with foreign licence plates who hold international driving licences shall present, upon request by the authorities, documents proving that the vehicle is duly authorized for traffic in addition to the documents that authorize the holder to drive.
Phase-out:
None
Sector:
Transportation
Sub-Sector:
Water transportation
Industry Classification:
CPC 721 Transport services by sea-going vessels
CPC 722 Cargo transportation
Type of Reservation:
National Treatment (Articles G-02, H-02)
Most-Favoured-Nation Treatment (Articles G-03, H-03)
Local Presence (Article H-05)
Senior Management and Boards of Directors (Article G-07)
Measures:
Decreto Ley 3.059, Diario Oficial, diciembre 22, 1979, Ley de Fomento a la Marina Mercante
Decreto Supremo 24, Diario Oficial, marzo 10, 1986, Reglamento del Decreto Ley 3.059
Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación
Decreto Supremo 153, Diario Oficial, marzo 11, 1966, Aprueba el Reglamento General de Matrícula del Personal de Gente de Mar, Fluvial y Lacustre
Código de Comercio
Description:
Cross-Border Services
and Investment
Only a Chilean natural or juridical person may register a vessel in Chile. A juridical person must be constituted with principal domicile and real and effective seat in Chile with its president, manager and majority of the directors or administrators being Chilean natural persons. In addition, more than 50 per cent of its equity capital must be held by Chilean natural or juridical persons. For these purposes, a juridical person with ownership participation in another juridical person that owns a vessel has to comply with all the aforementioned requisites.
A joint ownership (comunidad) may register a vessel if the majority of the joint owners are Chileans with domicile and residency in Chile, the administrators must be Chileans and the majority of the rights of the joint ownership must belong to a Chilean natural or juridical person. For these purposes, a juridical person with ownership participation in a joint ownership (comunidad) that owns a vessel has to comply with all the aforementioned requisites.
Special vessels owned by foreign natural or juridical persons domiciled in Chile may under certain conditions be registered in the country. For these purposes a special vessel does not include a fishing vessel. The conditions required are the following: domicile in Chile, principal head office in the country or undertaking a profession or commercial activity in a permanent way in Chile. The maritime authority may, for reasons of national security, impose certain special restrictions on the operation of these vessels.
The maritime authority may concede a better treatment based on the principle of reciprocity.
Cabotage is reserved to Chilean vessels. The maritime authority may concede a better treatment based on the principle of reciprocity with respect to the transportation of passengers and cargo on seas, rivers and lakes between points on the national territory and between such points and naval artifacts installed in territorial waters or in the Exclusive Economic Zone.
Foreign vessels shall be required to use pilotage, anchoring and harbor pilotage services when the maritime authorities so require it. In tugging activities or other maneuvers performed in Chilean ports, only tugboats flying the Chilean flag shall be used.
Captains shall be required to be Chilean nationals and to be acknowledged as such by the pertinent authorities. Officers on Chilean vessels shall be required to be Chilean natural persons registered in the Officers' Registry (Registro de oficiales). To become crew members of a Chilean vessel is required to be Chilean, to have the permit granted by the Maritime Authority and to be registered in the respective Registry. Professional titles and licenses granted by a foreign country shall be considered valid for the discharge of officers' duties on national vessels pursuant to a substantiated resolution (resolución fundada) issued by the Director.
Ship Captains ("patrón de nave") shall be Chilean nationals. The Ship Captains ("patr F3¢n de nave") is the natural person who, pursuant to the corresponding title awarded by the Director, is empowered to exercise command on smaller vessels and on certain special larger vessels.
Only Chilean nationals, or foreigners with domicile in Chile, shall be authorized to act as fishing boat Captains ("patrones de Pesca"), machinists ("mecánicos-motoristas"), machine operators ("motoristas"), sea-faring fishermen ("marineros pescadores"), small-scale fishermen ("pescadores"), industrial or maritime trade technical employees or workers, and as industrial and general ship service crews on fishing factories or fishing boats when so requested by ship operators ("armadores") in order to initiate such work.
In order to fly the national flag, the Captain of the ship, its officers and crew shall be required to be Chilean nationals. Nevertheless, the Dirección Marítima, on the basis of a substantiated resolution (resolucíon fundada), shall authorize the hiring of foreign personnel, on a temporary basis if essential, with the exception of the Captain who, at all times, shall be required to be a Chilean national.
Shipping agents or representatives of ship operators, owners or Captains, whether they are natural or juridical persons, shall be required to be Chilean nationals. Agents responsible for stowing and unstowing, and mooring, i.e., the persons responsible for moving the cargo from ship to port facilities and to overland transport vehicles and vice-versa, whether fully or in part, shall also be required to comply with this provision. Furthermore, the persons responsible for unloading and transferring goods andgenerally using Chilean continental or insular ports, particularly with regard to fishing catches or to fishing catches processed on board shall also be required to be Chilean nationals.
Only a Chilean natural or juridical person shall be authorized to work in Chile as a multimodal operator.
Phase-out:
None
Annex II. Reservation for Future Measures
Annex II. Schedule of Canada (Chapters G and H)
Sector:
Aboriginal Affairs
Sub-Sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles G-02, H-02)
Most-Favoured-Nation Treatment (Articles G-03, H-03)
Local Presence (Article H-05)
Performance Requirements (Article G-06)
Senior Management and Boards of Directors (Article G-07)
Description:
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure denying investors of Chile and their investments, or service providers of Chile, any rights or preferences provided to aboriginal peoples.
Existing Measures:
Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11
Sector:
All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National Treatment (Article G-02 )
Description:
Investment
Canada reserves the right to adopt or maintain any measure relating to residency requirements for the ownership by investors of Chile, or their investments, of oceanfront land.
Existing Measures:
Sector:
Communications
Sub-Sector:
Telecommunications Transport Networks and Services, Radiocommunications and Submarine Cables
Industry Classification:
CPC 752 Telecommunications Services
CPC 7543 Connection Services
CPC 7549 Other Telecommunications Services Not Elsewhere Classified (limited to telecommunications transport networks and services)
Type of Reservation:
National Treatment (Article G-02)
Most-Favoured-Nation Treatment (Article G-03)
Senior Management and Boards of Directors (Article G-07)
Description:
Investment
Canada reserves the right to adopt or maintain any measure relating to investment in telecommunications transport networks and telecommunications transport services, radiocommunications and submarine cables, including ownership restrictions and measures concerning corporate officers and directors and place of incorporation.
This reservation does not apply to providers of enhanced or value-added services whose underlying telecommunications transmission facilities are leased from providers of public telecommunications transport networks.
Existing Measures:
Bell Canada Act, S.C. 1987, c. 19
British Columbia Telephone Company Special Act, S.C. 1916, c. 66
Teleglobe Canada Reorganization and Divestiture Act, S.C. 1987, c. 12
Telesat Canada Reorganization and Divestiture Act, S.C 1991, c. 52
Radiocommunication Act, R.S.C. 1985, c. R-2
Telegraphs Act, R.S.C. 1985, c. T-5
Telecommunications Policy Framework, 1987
Sector:
Communications
Sub-Sector:
Telecommunications Transport Networks and Services, Radiocommunications and Submarine Cables
Industry Classification:
CPC 752 Telecommunications Services (not including enhanced or value-added services)
CPC 7543 Connection Services
CPC 7549 Other Telecommunications Services Not Elsewhere Classified (limited to telecommunications transport networks and services)
Type of Reservation:
National Treatment (Article H-02)
Most-Favoured-Nation Treatment (Article H-03)
Local Presence (Article H-05)
Description:
Cross-Border Services
Canada reserves the right to adopt or maintain any measure relating to radiocommunications, submarine cables and the provision of telecommunications transport networks and telecommunications transport services. These measures may apply to such matters as market entry, spectrum assignment, tariffs, intercarrier agreements, terms and conditions of service, interconnection between networks and services, and routing requirements that impede the provision on a cross-border basis of telecommunications transport networks and telecommunications transport services, radiocommunications and submarine cables.
Telecommunications transport services typically involve the real-time transmission of customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information, whether or not such services are offered to the public generally. These services include voice and data services by wire, radiocommunications or any other electromagnetic means of transmission.