Sector: All
Obligations Concerned:
Market Access (Article 10.5)
Description:
Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure relating to Article 10.5 (Market Access), except for the following sectors and sub-sectors subject to the limitations and conditions listed below: (2)
Legal services:
(1) and (3) None, except in the case of receivers in bankruptcy (síndicos de quiebra) who must be duly authorised by the Ministry of Justice (Ministerio de Justicia), and they can only work in the place where they reside.
(2) None.
(4) No commitments, except as indicated in Labour Code restriction.
Accounting, auditing, and bookkeeping services:
(1) and (3) None, except the external auditors of financial institutions must be inscribed in the Register of External Auditors of the Superintendence of Banks and Financial Institutions (Superintendencia de Bancos e Instituciones Financieras) and in the Superintendence of Securities and Insurance (Superintendencia de Valores y Seguros). Only firms legally incorporated in Chile as partnerships (sociedades de personas) or associations (asociaciones), and whose main line of business is auditing services, may be inscribed in the Register.
(2) None.
(4) No commitments, except as indicated in Labour Code restriction.
Taxation Services:
(1), (2), and (3): None.
(4) No commitments, except as indicated in Labour Code restriction.
Architectural services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Engineering services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Integrated engineering services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Urban planning and landscape architectural services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Veterinary services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Services provided by midwives, nurses, physiotherapists and paramedical personnel:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Computer and related services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Interdisciplinary research and development services, research and development services on natural sciences, and related scientific and technical consulting services:
(1) and (3) None, except: any exploration of a scientific or technical nature, or related to mountain climbing (andinismo), that legal or natural persons domiciled abroad intend to carry out in border areas need to be authorised and supervised by the Directorate of Borders and Frontiers (Dirección de Fronteras y Límites del Estado). The Directorate of Borders and Frontiers may stipulate that an expedition include one or more representatives of relevant Chilean activities. These representatives would participate in and learn about the studies and their scope.
(2) None.
(4) No commitments, except as indicated in Labour Code restriction.
Research and development services on social sciences and humanities:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Real Estate services: involving owned or leased property or on a fee or contract basis:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Rental/leasing services without crew/operators, related to vessels, aircraft, any other transport equipment, and other machinery and equipment:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Advertising services, market research and public opinion polling services, management consulting services, services related to management consulting, technical testing and analysis services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Services related to agriculture, hunting and forestry:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Services related to mining, placement and supply services of personnel, investigation and security services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Maintenance and repair of equipment (not including vessels, aircraft, or other transport equipment), building-cleaning services, photographic services, packing services, and convention services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Printing and publishing services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Courier services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
International long-distance telecommunications services: (1), (2), (3) and (4) Chile reserves the right to adopt or maintain any measure that is not inconsistent with Chile’s obligations under Article XVI of GATS.
Local basic telecommunication services and networks, intermediate telecommunications services, supplementary telecommunications services, and limited telecommunications services:
(1), (2) and (3) A concession granted by means of a Supreme Decree (Decreto Supremo) 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 organised under the Chilean law shall be eligible for such concessions.
An official decision issued by the Undersecretariat of Telecommunications (Subsecretaría de Telecomunicaciones) shall be required to render Supplementary Telecommunications Services, consisting of additional services provided by hooking up equipment to public networks. Said decision refers to compliance with the technical standards established by the Undersecretariat of Telecommunications (Subsecretaría de Telecomunicaciones) and non-alteration of the essential technical features of networks or of the permissible technological or basic service modalities provided through them.
A permit issued by the Undersecretariat of Telecommunications (Subsecretaría de Telecomunicaciones) 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 (Ministerio de Transporte y Telecomunicaciones).
(4) No commitments, except as indicated in Labour Code restriction.
Commission agents services, wholesale trade services, retailing services, franchising and other distribution:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Environmental Services:
(1) and (3) None, solely for consultancy services.
(2) None.
(4) No commitments, except as indicated in Labour Code restriction.
Hotels and restaurants (including catering), travel agencies and tour operators services and tourist guide services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Sporting and other recreational services, excluding gambling and betting services:
(1), (2) and (3) None, except that a specific type of legal entity may be required for sporting organisations that develop professional activities. In addition, (a) it is not permitted to participate with more than one team in the same category of a sport competition; (b) specific regulations may be established on equity ownership in sporting companies; and (c) minimal capital requirements may be imposed.
(4) No commitments, except as indicated in Labour Code restriction.
Sports facility operation services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Road Transport: freight transportation, rental of commercial vehicles with operator; maintenance and repair of road transport equipment; supporting services for road transport services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Services auxiliary to all transport: cargo handling services, storage and warehouse services, freight transport agency services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Pipeline transport: transportation of fuels and other goods:
(1), (2) and (3) None, except that the service has to be supplied by juridical persons established under Chilean law and the supply of the service may be subject to a concession on a national treatment basis.
(4) No commitments, except as indicated in Labour Code restriction.
Aircraft repair and maintenance services:
(1) No commitments.
(2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Selling and marketing of air transport services, computer reservation systems (CRS) services, specialty air services: (1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
Airport operation services; ground handling services:
(1), (2) and (3) None.
(4) No commitments, except as indicated in Labour Code restriction.
For the purposes of this entry:
(1) refers to the supply of a service from the territory of one Party into the territory of another Party;
(2) refers to the supply of a service in the territory of one Party to a person of another Party;
(3) refers to the supply of a service in the territory of a Party by an investor of another Party or by a covered investment; and
(4) refers to the supply of a service by a national of a Party in the territory of another Party.
SCHEDULE OF JAPAN
INTRODUCTORY NOTES
1. In the interpretation of an entry, all elements of the entry shall be considered. The Description element shall prevail over all other elements.
2. For the purposes of this Annex, the term JSIC means Japan Standard Industrial Classification set out by the Ministry of Internal Affairs and Communications, and revised in October, 2013.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11)
Description: Investment
1. 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 another Party or their investments; (b) impose limitations on the ability of investors of another Party 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.
2. Notwithstanding paragraph 1, the central level of the Government of Japan shall not adopt any prohibition, limitation or measure referred to in paragraph 1 by new laws or regulations following the initial transfer from the central level of government of Japan to an investor of the interests or assets referred to in paragraph 1. For greater certainty, the central level of government of Japan can maintain such prohibition, limitation or measure that is adopted or maintained at the initial transfer.
Existing Measures:
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to investments in or the supply of telegraph services, betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes, minting and sale of coinage, and postal services in Japan. (1), (2)
Existing Measures: Telecommunications Business Law (Law No. 86 of 1984) Supplementary Provisions, Article 5 Postal Law (Law No. 165 of 1947), Article 2 Law Concerning Correspondence Delivery Provided by Private Operators (Law No. 99 of 2002) Horse Racing Law (Law No. 158 of 1948), Article 1 Law relating to Motorboat Racing (Law No. 242 of 1951), Article 2 Bicycle Racing Law (Law No. 209 of 1948), Article 1 Auto Racing Law (Law No. 208 of 1950), Article 3 Lottery Law (Law No. 144 of 1948), Article 4 The Law relating to Unit of Currency and Issue of Coin (Law No. 42 of 1987), Article 10, Sports Promotion Lottery Law (Law No. 63 of 1998), Article 3
Sector: All (Unrecognised or Technically Unfeasible Services)
Sub-Sector:
Industry Classification:
Obligations Concerned: Market Access (Article 10.5)
Description: Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to services other than those recognised or other than those that should have been recognised by the Government of Japan owing to the circumstances at the date of entry into force of this Agreement. Any services classified positively and explicitly in JSIC or CPC, at the date of entry into force of this Agreement should have been recognised 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 date of entry into force of this Agreement.
Existing Measures:
Sector: Aerospace Industry
Sub-Sector: Space industry
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Japan reserves the right to adopt or maintain any measure relating to the investments in space industry. Japan reserves the right to adopt or maintain any measure relating to the supply of services in 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.