5. Provisions continuing those set out in the Canada Oil and Gas Operations Act will be included in laws or regulations to implement the Northwest Territories Oil and Gas Accord and the Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord. For the purposes of this entry these accords shall be deemed, once concluded, to be existing measures.
6. The Canada - Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada - Newfoundland Atlantic Accord Implementation Act have the same requirement for a benefits plan but also require that the benefits plan ensures that: (a) the corporation or other body submitting the plan establishes in the applicable province an office where appropriate levels of decision-making are to take place, prior to carrying out any work or activity in the offshore area; (b) expenditures be made for research and development to be carried out in the province, and for education and training to be provided in the province; and (c) first consideration be given to goods produced or services supplied from within the province, where those goods or services are competitive in terms of fair market price, quality and delivery.
7. The Boards administering the benefits plan under these Acts may also require that the plan include provisions to ensure that disadvantaged individuals or groups, or corporations owned or cooperatives operated by them, participate in the supply of goods and services used in proposed work or activity referred to in the plan.
8. In addition, Canada may impose a requirement or enforce a commitment or undertaking for the transfer of technology, a production process or other proprietary knowledge to a person of Canada in connection with the approval of development projects under the applicable Acts.
Sector: Energy
Sub-Sector: Oil and Gas
Obligations Concerned: Performance Requirements (Article 9.10)
Level of Government: Central
Measures: Canada - Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3 Hibernia Development Project Act, S.C. 1990, c. 41
Description: Investment
1. Under the Hibernia Development Project Act, Canada and the Hibernia Project Owners may enter into agreements. Those agreements may require the Project Owners to undertake to perform certain work in Canada and Newfoundland and to use their best efforts to achieve specific Canadian and Newfoundland target levels in relation to the provisions of a “benefits plan” required under the Canada-Newfoundland Atlantic Accord Implementation Act. “Benefits plans” are further described in Annex I – Canada – 17.
2. In addition, Canada may impose in connection with the Hibernia project a requirement or enforce a commitment or undertaking for the transfer of technology, a production process or other proprietary knowledge to a national or enterprise in Canada.
Sector: Energy
Sub-Sector: Uranium
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5)
Level of Government: Central
Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.) Investment Canada Regulations, SOR/85-611 Policy on Non-Resident Ownership in the Uranium Mining Sector, 1987
Description: Investment
1. Ownership by “non-Canadians”, as defined in the Investment Canada Act, of a uranium mining property is limited to 49 per cent at the stage of first production. Exceptions to this limit may be permitted if it can be established that the property is in fact “Canadian-controlled” as defined in the Investment Canada Act.
2. Exemptions from the Policy on Non-Resident Ownership in the Uranium Mining Sector are permitted, subject to approval of the Governor-in-Council, only in cases where Canadian participants in the ownership of the property are not available. Investments in properties by non-Canadians, made prior to December 23, 1987 and that are beyond the permitted ownership level, may remain in place. No increase in non-Canadian ownership is permitted.
3. In considering a request for an exemption from the Policy from an investor of an original signatory for which the Agreement has entered into force pursuant to Article 30.5 (Entry into Force), Canada will not require that it be demonstrated that a Canadian partner cannot be found.
Sector: Transportation
Sub-Sector: Air transportation
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Canada Transportation Act, S.C. 1996, c. 10 Aeronautics Act, R.S.C. 1985, c. A-2 Canadian Aviation Regulations, SOR/96-433: Part II “Aircraft Markings & Registration”; Part IV “Personnel Licensing & Training”; and Part VII “Commercial Air Services”
Description: Investment
1. The Canada Transportation Act, in Section 55, defines “Canadian” as: “a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act, a government in Canada or an agent of such a government or a corporation or other entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 75 per cent, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians.”
2. Regulations made under the Aeronautics Act incorporate by reference the definition of “Canadian” found in the Canada Transportation Act. These Regulations require that a Canadian operator of commercial air services operate Canadian-registered aircraft. These regulations require an operator to be Canadian in order to obtain a Canadian Air Operator Certificate and to qualify to register aircraft as “Canadian”.
3. Only “Canadians” may supply the following commercial air transportation services: (a) “domestic services” (air services between points, or from and to the same point, in the territory of Canada, or between a point in the territory of Canada and a point not in the territory of another country); (b) “scheduled international services” (scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under existing or future air services agreements; (c) “non-scheduled international services” (non-scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under the Canada Transportation Act; and (d) “specialty air services” (include, but are not limited to: aerial mapping, aerial surveying, aerial photography, forest fire management, fire-fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial inspection, aerial surveillance, flight training, aerial sightseeing and aerial crop spraying).
4. No foreign individual is qualified to be the registered owner of a Canadian-registered aircraft.
5. Further to the Canadian Aviation Regulations, a corporation incorporated in Canada, but that does not meet the Canadian ownership and control requirements, may only register an aircraft for private use where a significant majority of use of the aircraft (at least 60 per cent) is in Canada.
6. The Canadian Aviation Regulations also have the effect of limiting foreign-registered private aircraft registered to “non-Canadian” corporations to be present in Canada for a maximum of 90 days per 12-month period. Such foreign-registered private aircraft would be limited to private use, as would be the case for Canadian-registered aircraft requiring a private operating certificate.
Sector: Transportation
Sub-Sector: Air transportation
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: Aeronautics Act, R.S.C. 1985, c. A-2 Canadian Aviation Regulations, SOR/96-433: Part IV “Personnel Licensing &Training”; Part V “Airworthiness”; Part VI “General Operating & Flight Rules”; and Part VII “Commercial Air Services”
Description: Cross-Border Trade in Services
Aircraft and other aeronautical product repair, overhaul or maintenance activities required to maintain the airworthiness of Canadian-registered aircraft and other aeronautical products must be performed by persons meeting Canadian aviation regulatory requirements (i.e., approved maintenance organisations and aircraft maintenance engineers). Certifications are not provided for persons located outside Canada, except sub-organisations of approved maintenance organisations that are themselves located in Canada.
Sector: Transportation
Sub-Sector: Land transportation
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: Motor Vehicle Transport Act, R.S.C. 1985, c. 29 (3rd Supp.), as amended by S.C. 2001, c. 13 Canada Transportation Act, S.C. 1996, c.10 Customs Tariff, 1997, C.36
Description: Cross-Border Trade in Services
Only persons of Canada, using Canadian-registered and either Canadian-built or duty-paid trucks or buses, may supply truck or bus services between points in the territory of Canada.
Sector: Transportation
Sub-Sector: Water transportation
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26
Description: Investment and Cross-Border Trade in Services
1. To register a ship in Canada, the owner of that ship or the person who has exclusive possession of that ship must be: (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; (b) a corporation incorporated under the domestic laws of Canada, or a province or territory; or (c) if the ship is not already registered in another country, a corporation incorporated under the domestic laws of a country other than Canada if one of the following is acting with respect to all matters relating to the ship, namely: (i) a subsidiary of the corporation that is incorporated under the domestic laws of Canada or a province or territory; (ii) an employee or director in Canada of any branch office of the corporation that is carrying on business in Canada; or (iii) a ship management company incorporated under the laws of Canada or a province or territory.
2. A ship registered in a foreign country which has been bareboat chartered may be listed in Canada for the duration of the charter while the ship’s registration is suspended in its country of registry, if the charterer is: (a) a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; or (b) a corporation incorporated under the domestic laws of Canada or a province or territory.
Sector: Transportation
Sub-Sector: Water transportation
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: Canada Shipping Act, 2001, S.C. 2001, C.26 Marine Personnel Regulations SOR/2007-115
Description: Cross-Border Trade in Services
Masters, mates, engineers and certain other seafarers must hold certificates granted by the Minister of Transport as a requirement of service on Canadian registered ships. Such certificates may be granted only to Canadian citizens or permanent residents.
Sector: Transportation
Sub-Sector: Water transportation
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: Pilotage Act, R.S.C. 1985, c. P-14 General Pilotage Regulations, SOR/2000-132 Atlantic Pilotage Authority Regulations, C.R.C., c. 1264 Laurentian Pilotage Authority Regulations, C.R.C., c. 1268 Great Lakes Pilotage Regulations, C.R.C., c. 1266 Pacific Pilotage Regulations, C.R.C., c. 1270
Description: Cross-Border Trade in Services
Subject to Annex II – Canada – 12, a licence or a pilotage certificate issued by the relevant regional Pilotage Authority is required to supply pilotage services in the compulsory pilotage waters of the territory of Canada. Only Canadian citizens or permanent residents may obtain such a licence or a pilotage certificate. A permanent resident of Canada who has been issued a pilot’s licence or pilotage certificate must become a Canadian citizen within five years of receipt of the licence or pilotage certificate in order to retain it.
Sector: Transportation
Sub-Sector: Water transportation
Obligations Concerned: Local Presence (Article 10.6)
Level of Government: Central
Measures: Shipping Conferences Exemption Act, 1987, R.S.C. 1985, c. 17 (3rd Supp.)
Description: Cross-Border Trade in Services Members of a shipping conference must maintain jointly an office or agency in the region of Canada where they operate. A shipping conference is an association of ocean carriers that has the purpose or effect of regulating rates and conditions for the transportation by those carriers of goods by water.
Sector: Transportation
Sub-Sector: Water transportation
Obligations Concerned: Most-Favoured-Nation Treatment (Article 10.4)
Level of Government: Central
Measures: Coasting Trade Act, S.C. 1992, c. 31
Description: Cross-Border Trade in Services
The prohibitions under the Coasting Trade Act, set out in Annex II – Canada – 10, do not apply to any vessel that is owned by the U.S. Government when used solely for the purpose of transporting goods owned by the U.S. Government from the territory of Canada to supply Distant Early Warning sites.
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Level of Government: Regional
Measures: All existing non-conforming measures of all provinces and territories.
Description: Investment and Cross-Border Trade in Services For purposes of transparency, Appendix I-A sets out an illustrative, non-binding list of non-conforming measures maintained at the regional level of government.
Sector: Air Transportation
Sub-Sector: Specialty air services as defined in Chapter 10 (Cross-Border Trade in Services)
Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4)
Level of Government: Central
Measures: Canada Transportation Act, S.C. 1996, c. 10 Air Transportation Regulations, SOR/88-58 Canadian Aviation Regulations, SOR/96-433
Description: Cross-Border Trade in Services
Authorisation from Transport Canada is required to supply specialty air services in the territory of Canada. In determining whether to grant a particular authorisation, Transport Canada will consider among other factors, whether the country in which the applicant, if an individual, is resident or, if an enterprise, is constituted or organised, provides Canadian specialty air service operators reciprocal access to supply specialty air services in that country’s territory. Any foreign service supplier authorised to supply specialty air services is required to comply with Canadian safety requirements while supplying such services in Canada.
Sector: Communications
Sub-Sector: Telecommunications transport networks and services Radiocommunications
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Existing Measures: Telecommunications Act, S.C. 1993, c. 38 Canadian Telecommunications Common Carrier Ownership and Control Regulations, SOR/94-667 Radiocommunications Act, R.S.C. 1985, c. R-2 Radiocommunication Regulations, SOR/96-484
Description: Investment
Foreign investment in facilities-based telecommunications service suppliers is restricted to a maximum, cumulative total of 46.7 per cent voting interest, based on 20 per cent direct investment and 33.3 per cent indirect investment. Facilities-based telecommunications service suppliers must be controlled in fact by Canadians. At least 80 per cent of the members of the board of directors of facilities-based telecommunications service suppliers must be Canadians. Notwithstanding the restrictions described above: (a) foreign investment is allowed up to 100 per cent for suppliers conducting operations under an international submarine cable licence; (b) mobile satellite systems of a foreign service supplier may be used by a Canadian service supplier to supply services in Canada; (c) fixed satellite systems of a foreign service supplier may be used to supply services between points in Canada and all points outside Canada; (d) foreign investment is allowed up to 100 per cent for suppliers conducting operations under a satellite authorisation; and (e) foreign investment is allowed up to 100 per cent for facilities-based telecommunications service suppliers that have revenues, including those of its affiliates, from the supply of telecommunications services in Canada representing less than 10 per cent of the total telecommunications services annual revenues in Canada. Facilities-based telecommunications service suppliers that previously had annual revenues, including those of their affiliates, from the supply of telecommunications services in Canada representing less than 10 per cent of the total telecommunications services annual revenues in Canada may increase to 10 per cent or beyond as long as the increase in such revenues did not result from the acquisition of control of, or the acquisition of assets used to supply telecommunications services by, another facilities-based telecommunications service supplier that is subject to the legislative authority of the Parliament of Canada.
APPENDIX I-A. Illustrative List of Canada’s Regional Non-conforming Measures (1)
| Sector | Non-conforming measure by jurisdiction |
| Accounting, auditing and bookkeeping services | Residency: Saskatchewan, British Columbia, Ontario, Nova Scotia, Quebec, Prince Edward Island, Newfoundland and Labrador, Manitoba, Alberta. |
| Local Presence: Saskatchewan, Newfoundland and Labrador, Manitoba, Ontario. | |
| Architectural services | Residency: Nova Scotia, Newfoundland and Labrador. Corporate Form: Prince Edward Island requires non-resident firms to maintain a higher percentage of practitioners in a partnership. |
| Engineering services and integrated engineering services | Residency: Saskatchewan, British Columbia, Ontario, New Brunswick, Alberta. |
| Urban planning and landscape architecture services | Residency: Newfoundland and Labrador, Saskatchewan. |
| Real estate services | Residency: Alberta, Quebec, Yukon, Manitoba, British Columbia, Nova Scotia, Prince Edward Island, Newfoundland and Labrador. Local Presence: Saskatchewan, Ontario, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Alberta. |
| Management consulting services | Residency: Newfoundland and Labrador. |
| Toll refining | Performance Requirement: Ontario requires treatment or refinement of base metals in Canada. |
| Placement and supply services of personnel | Local Presence: Ontario. |
| Investigation and security services | Senior Managers and Board of Directors: Newfoundland and Labrador. Local Presence: Ontario. |
| Related scientific and technical consulting services | Residency: Ontario, British Columbia, Newfoundland and Labrador. Citizenship: British Columbia, Manitoba. Local Presence: Saskatchewan. Training Requirement: Ontario requires training to be completed in province for accreditation in respect of land surveyors. |
| Other business services | Residency: Saskatchewan, Ontario, Nova Scotia. Local Presence: Saskatchewan, Newfoundland and Labrador, Nova Scotia, Prince Edward Island. |
| Distribution services | Citizenship: Quebec. Local Presence: Quebec, Saskatchewan, Newfoundland and Labrador, Nova Scotia, British Columbia, Ontario. Economic Needs Test: Prince Edward Island. |
| Tourism and travel related services | Residency: Alberta, British Columbia, Ontario. Residency/Citizenship: Alberta, Saskatchewan, Nova Scotia, Newfoundland and Labrador, Quebec. Local Presence: Ontario, Quebec. Taxation: Ontario requires non-residents to pay 20 per cent land transfer tax. |
| Road transport services (Passenger transportation) | Economic Needs Test: British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, Newfoundland and Labrador, Nunavut, Northwest Territories. |
| Road transport services (Freight transportation) | Local Presence: Quebec. Economic Needs Test: Saskatchewan, Newfoundland and Labrador. |
SCHEDULE OF CHILE
INTRODUCTORY NOTES
1. Description provides a general non-binding description of the measure for which the entry is made.
2. In accordance with Article 9.12.1 (Non-Conforming Measures) and Article 10.7.1 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation or other measure identified in the Measures element of that entry.
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Decree Law 1.939, Official Gazette, November 10, 1977, Rules for acquisition, administration and disposal of State owned assets, Title I (Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas sobre adquisición, administración y disposición de bienes del Estado, Título 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 1.939), apply. “State land” for these purposes refers to State owned land up to a distance of 10 kilometres from the border and up to a distance of five kilometres from the coastline, measured from the high-tide line. 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 neighbouring country; (2) juridical persons with their principal seat in a neighbouring country; (3) juridical persons with 40 per cent or more of capital owned by natural persons with nationality of a neighbouring 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) based on considerations of national interest.
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: D.F.L. 1 of the Ministry of Labour and Social Welfare, Official Gazette, January 24, 1994, Labour 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, Título Preliminar, Libro I, Capítulo III)
Description: Cross-Border Trade in Services
A minimum of 85 per cent of employees who work for the same employer shall be Chilean natural persons or foreigners with more than five years of residence in Chile. This rule applies to employers with more than 25 employees under a contract of employment (contrato de trabajo1). Expert technical personnel shall not be subject to this provision, as determined by the Directorate of Labour (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. 1 For greater certainty, a contract of employment (contrato de trabajo) is not mandatory for the supply of cross-border trade in services.
Sector: Communications
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Level of Government: Central
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 those that transmit on a regular basis sounds, texts or images, 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 person, shall be constituted with domicile in Chile or have an agency authorised to operate within the national territory. Only Chilean nationals may be presidents, administrators or legal representatives of the juridical person. The owner of a concession to supply (a) public telecommunication services; (b) intermediate telecommunication services supplied to telecommunications services through facilities and networks established for that purpose; and (c) sound broadcasting, shall be a juridical person constituted and domiciled in Chile. Only Chilean nationals may be presidents, managers, administrators or legal representatives of the juridical person. In the case of public radio broadcasting services, the board of directors may include foreigners, only if they do not represent the majority. In the case of a social communication medium, the legally responsible director and the person who subrogates him or her must be Chilean, with domicile and residence in Chile, unless the social communication medium uses a language other than Spanish. Requests for public radio broadcasting concessions submitted by juridical persons in which foreigners hold an interest exceeding 10 per cent 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 (Consejo Nacional de Televisión) may establish, as a general requirement that, programs broadcasted through public (open) television channels include up to 40 per cent of Chilean production.
Sector: Energy
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4) Performance Requirements (Article 9.10)
Level of Government: Central
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. 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 Energía Nuclear) or, with its authorisation, jointly with third persons. Should the Commission grant such an authorisation, it may determine the terms and conditions thereof.
Sector: Mining
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4) Performance Requirements (Article 9.10) Level of Government: Central 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. Chile has the right of first offer at market prices and terms for the purchase of mineral products when thorium and uranium are contained in significant quantities. For greater certainty, Chile may require that producers separate from mining products the portion of: (a) liquid or gaseous hydrocarbons; (b) lithium; (c) deposits of any kind existing in sea waters subject to national jurisdiction; and (d) 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 commercialise and deliver those substances shall be lower than their commercial value. Furthermore, only the Chilean Nuclear Energy Commission (Comisión Chilena de Energía Nuclear), or parties authorised by the said Commission, may execute or enter into juridical acts regarding extracted natural atomic materials and lithium, as well as their concentrates, derivatives and compounds.
Sector: Fisheries
Sub-Sector: Aquaculture
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Law 18.892, Official Gazette, 23 December, 1989, General Law on Fisheries and Aquaculture, Titles I and VI (Ley 18.892, Diario Oficial, diciembre 23, 1989, Ley General de Pesca y Acuicultura, Títulos I y VI)
Description: Investment Only Chilean natural or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may hold an authorisation or concession to carry out aquaculture activities.
Sector: Fisheries and Fishing Related Activities
Sub-Sector: