Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27. Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description: Investment
The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in water transport industry in Japan. For greater certainty, "water transport industry" refers to oceangoing/seagoing transport, coastwise transport (i.e. maritime transport between ports within Japan), inland water transport and ship leasing industry. However, oceangoing/seagoing transport industry and ship leasing industry excluding coastwise ship leasing industry are exempted from the prior notification requirement.
45. Sector: Transport
Sub-Sector: Water Transport
Industry Classification:
Type of Reservation: National Treatment (Articles 73 and 107) Most-Favored-Nation Treatment (Articles 74 and 108)
Level of Government: Central Government
Measures: Ship Law (Law No. 46 of 1899), Article 3
Description: Investment and Cross-Border Trade in Services
Unless otherwise specified in laws and regulations of Japan or international agreements to which Japan is a party, ships not flying the Japanese flag are prohibited from entering Japanese ports which are not open to foreign commerce and from carrying cargoes or passengers between Japanese ports.
46. Sector: Vocational Skills Test
Sub-Sector:
Industry Classification:
Type of Reservation: Local Presence (Article 109)
Level of Government : Central Government
Measures: Human Resources Development Promotion Law (Law No. 64 of 1969), Chapter 5
Description: Cross-Border Trade in Services
An enterprise which intends to carry out the vocational skills test for workers is required to establish an office in Japan, and to be designated by the Minister of Health, Labour and Welfare.
47. Sector: Water Supply and Waterworks
Sub-Sector:
Industry Classification: JSIC 3611 Water for end users, except industrial users
Type of Reservation: National Treatment (Article 73)
Level of Government : Central Government
Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Article 27. Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Article 3
Description: Investment
The prior notification requirement under the Foreign Exchange and Foreign Trade Law applies to foreign investors who intend to make investments in water supply and waterworks industry in Japan.
48. Sector: Wholesale and Retail Trade
Sub-Sector: Livestock
Industry Classification: JSIC 5119 Miscellaneous agricultural, animal and poultry farm and aquatic products
Type of Reservation: Local Presence (Article 109)
Level of Government : Central Government
Measures: Livestock Dealer Law (Law No. 208 of 1949), Article 3
Description: Cross-Border Trade in Services
A person who intends to conduct livestock trading business is required to be resident in Japan, and to obtain a license from the prefectural governor having jurisdiction over the place of residence. For greater certainty, "livestock trading" means the trading or exchange of livestock, or the good offices for such trading or exchange.
Schedule of Chile
1. Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 73)
Level of Government : National
Measures: Decree Law 1939, Official Gazette, November 10, 1977, Rules for acquisition, administration and disposal of State owned assets, Title I (Decreto Ley 1939, Diario Oficial, noviembre 10, 1977, Normas sobre adquisición, administración y disposición de bienes del Estado, Titulo I). Decree with Force of Law (D.F.L.) 4 of the Ministry of Foreign Affairs, Official Gazette, November 10, 1967 (Decreto con Fuerza de Ley (D.F.L.) 4 del Ministerio de Relaciones Exteriores, Diario Oficial, noviembre 10, 1967)
Description: Investment
Chile may only dispose of the ownership or other rights over "State land" to Chilean natural or juridical persons, unless the applicable legal exceptions, such as in Decree Law 1939 (Decreto Ley 1939), apply. "State land" for these purposes refers to State owned land up to a distance of 10 kilometers from the border and up to a distance of 5 kilometers from the coastline.
Corporeal immovable property situated in areas declared "the borderland zone" by virtue of D.F.L 4 of the Ministry of Foreign Affairs, 1967 (D.F.L. 4 del Ministerio de Relaciones Exteriores, 1967) may not be acquired, either as property or in any other title, by (1) natural persons with nationality of a neighboring country; (2) juridical persons with their principal seat in a neighboring country; (3) juridical persons with 40 percent or more of capital owned by natural persons with nationality of a neighboring country; or (4) juridical persons effectively controlled by such natural persons. Notwithstanding the foregoing, this limitation may not apply if an exemption is granted by a Supreme Decree (Decreto Supremo) of the President of the Republic based on considerations of national interest.
2. Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 107) Local Presence (Article 109)
Level of Government : National
Measures: D.F.L. 1 of the Ministry of Labor and Social Welfare, Official Gazette, January 24, 1994, Labor Code, Preliminary Title, Book I, Chapter III (D.F.L. 1 del Ministerio del Trabajo y Previsión Social, Diario Oficial, enero 24, 1994, Código del Trabajo, Titulo preliminar, Libro I, Capitulo III). D.F.L. 2 of the Ministry of Labor and Social Welfare, Official Gazette, October 29, 1967, Article 5, letter c) (D.F.L. 2 del Ministerio del Trabajo y Previsión Social, Diario Oficial, octubre 29, 1967, articulo 5, letra c). Civil Code, Article 16, paragraph 3 (Código Civil, articulo 16, inciso 3°)
Description: Cross-Border Trade in Services
A minimum of 85 percent of employees who work for the same employer shall be Chilean natural persons. This rule applies to employers with more than 25 employees under a contract of employment (contrato de trabajo). Expert technical personnel who cannot be replaced by Chilean personnel shall not be subject to this provision, as determined by the Directorate of Labor (Dirección del Trabajo).
An employee shall be understood to mean any natural person who supplies intellectual or material services, under dependency or subordination, pursuant to a contract of employment.
The person acting as employer shall constitute a representative or mandatary in Chile, with residence and domicile within the territory of Chile, with enough empowerment and authority to respond for the obligations imposed by the labor and social security law to such contract, as well as for the sanctions that might be applied.
The said representative or mandatary shall be responsible for keeping and maintaining all labor and social security documentation related to an employee, in order to allow for legal supervision, as well as to withhold, declare or pay the social security obligations of the said employee.
3. Sector: Communications
Sub-Sector: Basic National or International Long- Distance Telecommunications Services and Intermediate Services; Supplementary Telecommunications Services; and Limited Telecommunications Services
Industry Classification:
Type of Reservation: National Treatment (Article 73)
Level of Government : National
Measures: Law 18.168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II and III (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II y ITI)
Description: Investment
A concession granted by means of a Supreme Decree issued by the Ministry of Transport and Telecommunications (Ministerio de Transportes y Telecomunicaciones) shall be required for the installation, operation and exploitation of public and intermediary telecommunications services in Chilean territory. Only juridical persons organized according to Chilean law shall be eligible for such concession.
An official decision issued by the Vice-Ministry of Telecommunications (Subsecretaria de Telecomunicaciones) shall be required to render Supplementary Telecommunications Services consisting of additional services provided by hooking up equipment to public networks. The said decision refers to the compliance with the technical standards established by the Vice- Ministry of Telecommunications and non-alteration of the essential technical features of networks or of the permissible technological or the basic service modalities provided through them.
A permit issued by the Vice-Ministry of Telecommunications shall be required for the installation, operation and development of limited telecommunications services.
International traffic shall be routed through the installations of a company holding a concession granted by the Ministry of Transport and Telecommunications.
4. Sector: Communications
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Articles 73 and 107) Most-Favored-Nation Treatment (Articles 74 and 108) Performance Requirements (Article 77) Senior Management and Boards of Directors (Article 78) Local Presence (Article 109)
Level of Government : National
Measures: Law 18.838, Official Gazette, September 30, 1989, National Television Council, Titles I, II and III (Ley 18.838, Diario Oficial, septiembre 30, 1989, Consejo Nacional de Televisión, Títulos I, II y III). Law 18.168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II and III (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II y III). Law 19.733, Official Gazette, June 4, 2001, Law on Liberties of Opinion and Information and the Exercise of Journalism, Titles I and III (Ley 19.733, Diario Oficial, junio 4, 2001, Ley sobre las Libertades de Opinión e Información y Ejercicio del Periodismo, Títulos I y III)
Description: Investment and Cross-Border Trade in Services
The owner of a social communication medium such as sound and image transmissions or a national news agency, shall in the case of a natural person have a duly established domicile in Chile and in the case of a juridical persons shall be constituted with domicile in Chile or have an agency authorized to operate within the national territory. Only Chilean nationals may be president, administrators or legal representatives of the juridical person. In the case of public radio broadcasting services, the board of directors may be integrated by foreigners only if they do not represent the majority. The legally responsible director and the person who subrogates him/her must be Chilean with domicile and residence in Chile.
Requests for public radio broadcasting concessions submitted by juridical persons in which foreigners hold an interest exceeding 10 percent of the capital shall be granted only if proof is previously provided verifying that similar rights and obligations as those that the applicants will enjoy in Chile are granted to Chilean nationals in their country of origin.
The National Television Council may establish, as a general requirement, that programs broadcasted through public (open) television channels include up to 40 percent of Chilean production.
Only juridical persons duly constituted in Chile and having domicile in Chile may be the titleholders or make use of permits for limited radio broadcasting telecommunications services. Only Chilean nationals may be president, managers or legal representatives of the juridical person.
Only juridical persons duly constituted in Chile and having domicile in Chile may be the titleholders or make use of permits for limited cable television or microwave television services. Only Chilean nationals may be president, directors, managers, administrators or legal representatives of the juridical person.
5. Sector: Energy
Sub-Sector:
Industry Classification: CPC 12 Crude petroleum and gas natural CPC 13 Uranium and thorium ores CPC 14 Metal ores CPC 16 Other minerals
Type of Reservation: National Treatment (Article 73) Performance Requirements (Article 77)
Level of Government : National
Measures: Political Constitution of the Republic of Chile, Chapter III (Constitución Política de la República de Chile, Capítulo III). Law 18.097, Official Gazette, January 21, 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097, Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III). Law 18.248, Official Gazette, October 14, 1983, Mining Code, Titles I and II (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y II). Law 16.319, Official Gazette, October 23, 1965, Creates the Chilean Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario Oficial, octubre 23, 1965, crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III)
Description: Investment
The exploration, exploitation, and treatment (beneficio) of liquid or gaseous hydrocarbons, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined, in each case by a Supreme Decree of the President of the Republic. For greater certainty, it is understood that the term "treatment (beneficio)" shall not include the storage, transportation, or refining of the energy material referred to in this paragraph.
The production of nuclear energy for peaceful purposes may only be carried out by the Chilean Nuclear Energy Commission (Comisión Chilena de Energia Nuclear) or, with its authorization, jointly with third persons. Should the Commission grant such an authorization, it may determine the terms and conditions thereof.
6. Sector: Mining
Sub-Sector:
Industry Classification: CPC 13 Uranium and thorium ores CPC 14 Metal ores CPC 16 Other minerals
Type of Reservation: National Treatment (Article 73) Performance Requirements (Article 77)
Level of Government : National
Measures: Political Constitution of the Republic of Chile, Chapter III (Constitución Política de la República de Chile, Capítulo III). Law 18.097, Official Gazette, January 21, 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097, Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III). Law 18.248, Official Gazette, October 14, 1983, Mining Code, Titles I and III (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y III). Law 16.319, Official Gazette, October 23, 1965, Creates the Chilean Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario Oficial, octubre 23, 1965, crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III).
Description: Investment
The exploration, exploitation, and treatment (beneficio) of lithium, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined, in each case by a Supreme Decree of the President of the Republic.
Chile has the right of first refusal, at the customary market prices and terms, for the purchase of mineral products from mining operations in Chile when thorium or uranium are contained in significant amounts therein.
For greater certainty, Chile may demand that producers separate from mining products the portion of:
(1) liquid or gaseous hydrocarbons; (2) lithium;
(3) deposits of any kind existing in sea waters subject to national jurisdiction; and
(4) deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only,
that exists, in significant amounts, in such mining products and that can be economically and technically separated, for delivery to or for sale on behalf of the State. For these purposes, "economically and technically separated" means that the costs incurred to recover the four types of substances referred to above through a sound technical procedure, and to commercialize and deliver those substances shall be lower than their commercial value.
Extracted natural atomic materials and lithium, and their concentrates, derivatives, and compounds, cannot be subject to any kind of juridical acts, unless executed or entered into by the Chilean Nuclear Energy Commission (Comisión Chilena de Energia Nuclear), or with its prior authorization. Should the Commission grant an authorization, it shall determine, in turn, the conditions granted therein.
7. Sector: Fisheries
Sub-Sector: Aquaculture
Industry Classification: CPC 04 Fish and other fishing products
Type of Reservation: National Treatment (Article 73)
Level of Government : National
Measures: Law 18.892, Official Gazette, January 21, 1992, General Law on Fisheries and Aquaculture, Titles I and VI (Ley 18.892, Diario Oficial, enero 21, 1992, Ley General de Pesca y Acuicultura, Titulos I y VI)
Description: Investment
A concession or authorization is required for the use of beaches, land adjacent to beaches (terrenos de playas), water-columns (porciones de agua), and sea-bed lots (fondos marinos) to engage in aquaculture activities.
Only Chilean natural or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may hold an authorization or concession to carry out aquaculture activities.
8. Sector: Fisheries
Sub-Sector:
Industry Classification: CPC 04 Fish and other fishing products
Type of Reservation: National Treatment (Articles 73 and 107) Most-Favored-Nation Treatment (Articles 74 and 108) Senior Management and Boards of Directors (Article 78) Local Presence (Article 109)
Level of Government : National
Measures: Law 18.892, Official Gazette, January 21, 1992, General Law on Fisheries and Aquaculture, Titles I, III, IV and IX (Ley 18.892, Diario Oficial, enero 21, 1992, Ley General de Pesca y Acuicultura, Titulos I, III, IV y IX) Decree-Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I and II (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegaci6n, Titulos I y ITI)
Description: Investment and Cross-Border Trade in Services
A permit issued by the Vice-Ministry of Fishing (Subsecretaria de Pesca) is required in order to harvest and catch hydrobiological species in internal waters, in the territorial sea, and in the exclusive economic zone.
Only Chilean natural persons or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may hold permits to harvest and catch hydrobiological species.
Only Chilean vessels are permitted to fish in internal waters, in the territorial sea, and in the exclusive economic zone. "Chilean vessels" are those defined in the Navigation Law (Ley de Navegación). Access to industrial extractive fishing activities shall be subject to prior registration of the vessel in Chile.
Only a Chilean natural or juridical person may register a vessel in Chile. Such juridical person must be constituted in Chile with principal domicile and real and effective seat in Chile. The president, manager, and the majority of the directors or administrators must be Chilean natural persons. In addition, more than 50 percent 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 requirements mentioned above.
A joint ownership (comunidad) may register a vessel if (1) the majority of the joint ownership is Chilean with domicile and residency in Chile; (2) the administrators are Chilean natural persons; and (3) the majority of the rights of the joint ownership (comunidad) 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 requirements mentioned above.
An owner (natural or juridical person) of a fishing vessel registered in Chile prior to June 30, 1991 shall not be subject to the nationality requirement mentioned above.
In cases of reciprocity granted to Chilean vessels by any other country, fishing vessels specifically authorized by the maritime authorities pursuant to powers conferred by law may be exempted from the requirements mentioned above on equivalent terms provided to Chilean vessels by that country.
Access to small-scale fishing (pesca artesanal) activities shall be subject to registration in the registry for small-scale fishing (Registro de Pesca Artesanal). Registration for small-scale fishing (pesca artesanal) is only granted to Chilean natural persons and foreign natural persons with permanent residency, or a Chilean juridical person constituted by the aforementioned persons.
9. Sector: Sports, Industrial Fishing and Hunting, and Recreational Services
Sub-Sector:
Industry Classification: CPC 881 Services incidental to agriculture, hunting and forestry CPC 882 Services incidental to fishing CPC 96499 Other recreational services n.e.c.
Type of Reservation: Local Presence (Article 109)
Level of Government : National
Measures: Law 17.798, Official Gazette, October 21, 1972, Title I (Ley 17.798, Diario Oficial, octubre 21, 1972, Titulo 1). Supreme Decree 77 of the Ministry of National Defense, Official Gazette, August 14, 1982 (Decreto Supremo 77 del Ministerio de Defensa Nacional, Diario Oficial, agosto 14, 1982)
Description: Cross-Border Trade in Services
Any person who owns guns, explosives, or similar substances must register with the appropriate authority in its domicile, for which purpose a request shall be submitted to the General Directorate for National Mobilization of the Ministry of National Defense (Dirección General de Movilización Nacional del Ministerio de Defensa Nacional).
Any natural or juridical person registered as an importer of fireworks may request authorization for importation and entrance thereof into Chile from Group No. 3 of the General Directorate for National Mobilization and may keep stocks of the said elements for sale to persons holding authorization to stage pyrotechnical shows.
The Supervisory Authority (Autoridad Fiscalizadora) shall only authorize pyrotechnical shows if a report is available with regard to the installation, development, and security measures for the show, which must be signed and approved by a fireworks programmer registered in the national registries of the General Directorate for National Mobilization or by a professional certified by the said General Directorate.
For the production and execution of pyrotechnical shows, the presence of at least a fireworks expert handler registered with the General Directorate shall be required.