Only companies with actual and effective domicile in Chile and organized under the laws of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay, or Paraguay shall be authorized to provide international land transportation services between Chile and Argentina, Bolivia, Brazil, Peru, Uruguay, or Paraguay. Furthermore, to obtain an international land transport permit, in the case of foreign juridical persons, more than 50 percent of its corporate capital and effective control shall be held by nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay, or Paraguay.
23. Sector: Transportation
Sub-Sector: Land Transportation
Industry Classification: CPC 712 Other land transport services
Type of Reservation: National Treatment (Article 107) Most-Favored-Nation Treatment (Article 108)
Level of Government : National
Measures: Law 18.290, Official Gazette, February 7, 1984, Title IV (Ley 18.290, Diario Oficial, febrero 7, 1984, Titulo IV). Supreme Decree 485 of the Ministry of Foreign Affairs, Official Gazette, September 7, 1960, Geneva Convention (Decreto Supremo 485 del Ministerio de Relaciones Exteriores, Diario Oficial, septiembre 7, 1960, Convención de Ginebra)
Description: Cross-Border Trade in Services
Motor vehicles bearing foreign license plates that enter Chile on a temporary basis, pursuant to provisions set forth in the 1949 Geneva Convention on Road Traffic, shall circulate freely throughout the national territory for the period established therein, provided that they comply with the requirements established by Chilean law.
Holders of valid international driving licenses or certificates issued in a foreign country in accordance with the Geneva Convention may drive anywhere within the national territory. The driver of a vehicle bearing foreign license plates who holds an international driver's license shall present, upon request by the authorities, the documents certifying both the roadworthiness of the vehicle and the use and validity of his or her personal documents.
Annex 7. referred to in Chapters 8 and 9 Reservations for Future Measures
1. The Schedule of a Party sets out, pursuant to paragraph
2 of Article 79 and paragraph 2 of Article 110,
the reservations taken by that Party with respect to specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 73 or 107;
(b) Article 74 or 108;
(c) Article 77;
(d) Article 78; or
(e) Article 109.
2. Each reservation sets out the following elements:
(a) "Sector" refers to the general sector in which the reservation is taken;
(b) "Sub-Sector" refers to the specific sector in which the reservation is taken;
(c) "Industry Classification" refers, where applicable, and only for transparency purposes, to the activity covered by the reservation according to domestic or international industry classification codes;
(d) "Type of Reservation" specifies the obligations referred to in paragraph 1 for which the reservation is taken;
(e) "Description" sets out the scope of the sector, sub-sector or activities covered by the reservation; and
(f) "Existing Measures" identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
3. In the interpretation of a reservation, all elements of the reservation shall be considered. The "Description" element shall prevail over all other elements.
4. In accordance with paragraph 2 of Article 79 and paragraph 2 of Article 110, the obligations specified in the "Type of Reservation" element do not apply to the sectors, sub-sectors and activities identified in the "Description" element.
5. For the purposes of this Annex:
(a) the term "JSIC" means Japan Standard Industrial Classification set out by the Statistics Bureau, Ministry of Internal Affairs and Communications, and revised on March 7, 2002; and
(b) the term "CPC" means the Provisional Central Product Classification (Statistical paper Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
Schedule of Japan
1. Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 73) Senior Management and Boards of Directors (Article 78)
Description: Investment
When transferring or disposing of its equity interests in, or the assets of, a state enterprise or a governmental entity, Japan reserves the right to:
(a) prohibit or impose limitations on the ownership of such interests or assets by investors of Chile or their investments;
(b) impose limitations on the ability of investors of Chile or their investments as owners of such interests or assets to control any resulting enterprise; or
(c) adopt or maintain any measure relating to the nationality of executives, managers or members of the board of directors of any resulting enterprise.
Existing Measures:
2. Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Articles 73 and 107) Senior Management and Boards of Directors (Article 78) Local Presence (Article 109)
Description: Investment and Cross-Border Trade in Services
In the event where the supply of telegraph services, postal services and betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes, minting and sale of coinage in Japan, which are restricted to designated enterprises or governmental entities, are liberalized to those other than the designated enterprises or governmental entities, or in the event where such designated enterprises or governmental entities no longer operate on a non-commercial basis, Japan reserves the right to adopt or maintain any measure relating to those activities.
Existing Measures:
3. Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: Most-Favored-Nation Treatment (Articles 74 and 108)
Description: Investment and Cross-Boarder Trade in Services
1. Japan reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement in force on, or signed prior to, the date of entry into force of this Agreement.
2. Japan reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement, other than the agreement referred to in paragraph 1, involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Existing Measures:
4. Sector: All Sectors (New Services)
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 107) Most-Favored-Nation Treatment (Article 108) Local Presence (Article 109)
Description: Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to new services other than those recognized or that should have been recognized owing to the circumstances at the time of entry into force of this Agreement by the Government of Japan.
Any services classified positively and explicitly in JSIC or CPC, at the time of entry into force of this Agreement should have been recognized by the Government of Japan at that time.
Japan reserves the right to adopt or maintain any measure relating to the supply of services in any mode of supply in which those services were not technically feasible at the time of entry into force of this Agreement.
Existing Measures:
5. Sector: Aerospace Industry
Sub-Sector: Aircraft Industry. Space Industry
Industry Classification: JSIC 271 Manufacture of Classification: electrical generating, transmission, distribution and industrial apparatus JSIC 274 Manufacture of electronic equipment JSIC 275 Manufacture of electric measuring instruments JSIC 279 Manufacture of miscellaneous electrical machinery equipment and supplies JSIC 28 Manufacture of information and communication electronics equipment JSIC 29 Manufacture of electronic parts and devices JSIC 304 Manufacture of aircraft and parts JSIC 3059 Manufacture of miscellaneous industrial trucks and parts and accessories JSIC 3099 Manufacture of transportation equipment, n.e.c. JSIC 8711 General machine repair shops, except construction and mining machinery JSIC 872 Electrical machinery, apparatus, appliances and supplies repair shop
Note: The activities covered by the reservation under JSIC 271, 274, 275, 279, 28, 29, 3059, 3099, 8711 or 872 are limited to the activities related to aircraft industry and space industry
Type of Reservation: National Treatment (Articles 73 and 107) Performance Requirements (Article 77) Senior Management and Boards of Directors (Article 78) Local Presence (Article 109)
Description: Investment and Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to investments in aircraft industry and space industry.
Japan reserves the right to adopt or maintain any measure relating to the supply of services in aircraft industry and space industry, including:
(a) services based on technological inducement contracts for importing technology for development, production or use;
(b) production services on fee or contract basis;
(c) repair and maintenance services; and
(d) space transportation services.
Existing Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 30. Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 5.
6. Sector: Arms and Explosives Industry
Sub-Sector: Arms Industry. Explosives Manufacturing Industry
Industry Classification: JSIC 1791 Manufacture of Classification: explosives JSIC 271 Manufacture of electrical generating, transmission, distribution and industrial apparatus JSIC 274 Manufacture of electronic equipment JSIC 275 Manufacture of electric measuring instruments JSIC 279 Manufacture of miscellaneous electrical machinery equipment and supplies JSIC 28 Manufacture of information and communication electronics equipment JSIC 29 Manufacture of electronic parts and devices JSIC 303 Shipbuilding and repairing, and manufacture of marine engines JSIC 3059 Manufacture of miscellaneous industrial trucks and parts and accessories JSIC 3099 Manufacture of transportation equipment, n.e.c. JSIC 3281 Manufacture of ordnance and accessories JSIC 8711 General machine repair shops, except construction and mining machinery JSIC 872 Electrical machinery, apparatus, appliances and supplies repair shop
Note: The activities covered by the reservation under JSIC 271, 274, 275, 279, 28, 29, 303, 3059, 3099, 8711 or 872 are limited to the activities related to arms industry.
Type of Reservation: National Treatment (Articles 73 and 107) Performance Requirements (Article 77) Senior Management and Boards of Directors (Article 78) Local Presence (Article 109)
Description: Investment and Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to investments in arms industry and explosives manufacturing industry.
Japan reserves the right to adopt or maintain any measure relating to the supply of services in arms industry and explosive manufacturing industry, including:
(a) services based on technological inducement contracts for importing technology for development, production or use;
(b) production services on fee or contract basis; and
(c) repair and maintenance services.
Existing Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 30. Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 5
7. Sector: Energy
Sub-Sector: Electricity Utility Industry. Gas Utility Industry. Nuclear Energy Industry
Industry Classification: JSIC 0519 Miscellaneous metal mining (limited to nuclear materials) JSIC 2491 Manufacture of nuclear fuel JSIC 271 Manufacture of electrical generating, transmission, distribution and industrial apparatus JSIC 274 Manufacture of electronic equipment JSIC 275 Manufacture of electric measuring instruments JSIC 279 Manufacture of miscellaneous electrical machinery equipment and supplies JSIC 28 Manufacture of information and communication electronics equipment JSIC 29 Manufacture of electronic parts and devices JSIC 303 Shipbuilding and repairing, and manufacture of marine engines JSIC 3059 Manufacture of miscellaneous industrial trucks and parts and accessories JSIC 3099 Manufacture of transportation equipment, n.e.c. JSIC 331 Production, transmission and distribution of electricity JSIC 3411 Gasworks JSIC 3412 Gas distribution JSIC 3413 Gas establishments (main office, office) JSIC 8599 Miscellaneous waste treatment services JSIC 8711 General machine repair shops, except construction and mining machinery JSIC 872 Electrical machinery, apparatus, appliances and supplies repair shop
Note: The activities covered by the reservation under JSIC 271, 274, 275, 279, 28, 29, 303, 3059, 3099, 8599, 8711 or 872 are limited to the activities related to nuclear energy industry.
Type of Reservation: National Treatment (Articles 73 and 107) Most -Favored-Nation Treatment (Article 108) Performance Requirements (Article 77) Senior Management and Boards of Directors (Article 78) Local Presence (Article 109)
Description: Investment and Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to investments or the supply of services in the energy industry listed in the "Sub-Sector" element.
Existing Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949), Articles 27 and 30. Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of 1980), Articles 3 and 5. Specified Radioactive Waste Final Disposal Act (Law No. 117 of 2000), Chapter 5.
8. Sector: Fisheries
Sub-Sector: Fisheries within the Territorial Sea, Internal Waters, Exclusive Economic Zone and Continental Shelf
Industry Classification: JSIC 031 Marine fisheries JSIC 032 Inland water fisheries JSIC 041 Marine aquaculture JSIC 042 Inland water aquaculture JSIC 8493 Recreational fishing guide business
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)
Description: Investment and Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to investments or the supply of services in fisheries in the territorial sea, internal waters, exclusive economic zone and continental shelf of Japan.
For the purposes of this reservation, the term "fisheries" means the work of taking and cultivation of aquatic resources, including the following fisheries related services:
(a) investigation of aquatic resources without taking such resources;
(b) luring of aquatic resources;
(c) preservation and processing of fish catches;
(d) transportation of fish catches and fish products; and
(e) provision of supplies to other vessels used for fisheries.
Existing 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. Law for Regulation of Fishing Operation by Foreign Nationals (Law No. 60 of 1967), Articles 3, 4 and 6. Law concerning the Exercise of Sovereign Rights concerning Fisheries in the Exclusive Economic Zones (Law No. 76 of 1996), Articles 4, 5, 7, 8, 9, 10, 11, 12 and 14
9. Sector: Information and Communications
Sub-Sector: Broadcasting Industry
Industry Classification: JSIC 381 Public broadcasting, except cablecasting JSIC 382 Private sector broadcasting, except cablecasting JSIC 383 Cablecasting
Type of Reservation: National Treatment (Articles 73 and 107) Performance Requirements (Article 77) Senior Management and Boards of Directors (Article 78) Local Presence (Article 109)
Description: Investment and Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to investments or the supply of services in broadcasting industry.
Existing 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. Radio Law (Law No. 131 of 1950), Article 5. Broadcast Law (Law No. 132 of 1950), Articles 52-8 and 52-13
10. Sector: Land Transaction
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 73) Most -Favored-Nation Treatment (Article 74)
Description: Investment
With respect to the acquisition or lease of land properties in Japan, prohibitions or restrictions may be imposed by Cabinet Order on foreign nationals or legal persons, where Japanese nationals or legal persons are placed under identical or similar prohibitions or restrictions in the foreign country.
Existing Measures: Alien Land Law (Law No. 42, 1925), Article 1
11. Sector: Security Guard Services
Sub-Sector:
Industry Classification: JSIC 906 Guard services
Type of Reservation: National Treatment (Article 107) Local Presence (Article 109)
Description: Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to the supply of security guard services.
Existing Measures: Security Business Law (Law No. 117 of 1972), Articles 4 and 5
12. Sector: Public Law Enforcement and Correctional Services and Social Services
Sub-Sector: