Chile - Mexico FTA (1998)
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Subsector: Legal Services

Industrial Classification: CPC 861 Legal services 

Type of Reservation: National Treatment (Article 11.03) Most-favored-nation treatment (Article 11.04)

Measures: Organic Code of the Courts, Title XV Decree 110 of the Ministry of Justice, Official Gazette, March 20, 1979 Law 18.120, Official Gazette, May 18, 1982 Convenio sobre Mutuo Reconocimiento de Exámenes y de Títulos Profesionales entre Chile y el Ecuador, Diario Oficial, July 16, 1937.

Description: Cross-border trade in services

Only Chileans are reserved for the practice of law. Only lawyers may provide services such as sponsorship in matters before the courts of the Republic, and this translates into the obligation that the first presentation of each party must be sponsored by a lawyer authorized to practice the profession; the drafting of deeds of incorporation, modification, rescission or liquidation of corporations, liquidation of conjugal partnerships, partition of assets, deeds of incorporation of legal personality, of associations of canalists, cooperatives, contracts of transactions and contracts of issuance of bonds of corporations; and the sponsorship of the application for the granting of legal personality for corporations and foundations. Chile has a bilateral agreement with Ecuador by means of which Ecuadorian citizens holding degrees legally acquired in Ecuador will be admitted to practice law in Chile.

Reduction Schedule: None 

Sector: Professional, technical and specialized services Subsector: Services auxiliary to the administration of justice

Industrial Classification: CPC 861 Legal services

Type of Reservation: National Treatment (Article 11.03) Local Presence (Article 11.06) Measures: Organic Code of Courts, Titles XI and XII. Regulations of the Real Estate Registry, Titles I, II and III, Law 18.118, Official Gazette, May 22, 1982, Title I. Decree 197 of the Ministry of Economy, Official Gazette, August 8, 1985 Law 18.175, Official Gazette, October 28, 1982, Title III.

Description: Cross-border trade in services

Auxiliaries in the administration of justice must reside in the same place or city where the court where they will render their services is located. Public defenders, notaries public and conservators must be Chilean and meet the same requirements for judges. Archivists and arbitrators of law must be lawyers, therefore, they must be Chilean. Only Chileans with the right to vote and foreigners with permanent residence and the right to vote may act as judicial receivers and as procurators of the number. Only Chileans and foreigners with definitive permanence in Chile or Chilean legal entities may be public auctioneers. To be a bankruptcy trustee it is necessary to have a technical or professional degree granted by a university, a professional institute or a technical training center recognized by the State of Chile. Bankruptcy trustees must have at least three years of experience in commercial, economic or legal areas and be duly authorized by the Minister of Justice and may only work in the place of their residence.

Reduction Schedule: None

Sector: Transportation

Subsector: Air transportation

Industrial Classification: CPC 734 Aircraft rental services with crew CPC 7469 Other complementary services for transportation by airway

Type of Reservation: National Treatment (Articles 4, Annex Investments and 11.03) Most-favored-nation treatment (Article 11.04) Local presence (Article 11.06) Senior executives and Boards of Directors (Article 9, Investments Annex)

Measures: Law 18.916, Official Gazette, February 8, 1990, Aeronautical Code, Preliminary, II and III Titles. Decree Law 2.564, Official Gazette, June 22, 1979, Commercial Aviation Regulations. Supreme Decree 624 of the Ministry of Defense, Diario Oficial, January 5, 1995. Law 16.752, Official Gazette, February 17, 1968, Title II. Decree 34 of the Ministry of Defense, Official Gazette, February 10, 1968. Supreme Decree 102 of the Ministry of Transport and Telecommunications, Diario Oficial, June 17, 1981. Supreme Decree 172 of the Ministry of Defense, Official Gazette, March 5, 1974. Supreme Decree 37 of the Ministry of Defense, Official Gazette, December 10, 1991. Decree 234 of the Ministry of Defense, Official Gazette, June 19, 1971.

Description: Cross Border Trade in Services and Investment

Only a Chilean natural or juridical person may register an aircraft in Chile. A juridical person must be incorporated in Chile with its principal domicile and real and effective seat in Chile. In addition, the majority of its ownership must belong to Chilean individuals or legal entities, which in turn must meet the above requirements. The president, manager and the majority of the directors or administrators of the legal entity must be Chilean. Foreign-registered private aircraft engaged in non-commercial activities may not remain in Chile without authorization from the Directorate General of Civil Aeronautics for more than 30 days, counted from the date of their entry into the country. For clarity, this measure shall not apply to specialized air services as defined in Article 10-01 (Definitions) of this Treaty, except in the case of glider towing services and parachuting services. In order to work as a crew member of aircraft operated by a Chilean airline, foreign aeronautical personnel must first obtain a national license with the respective qualifications that allow them to perform their duties. Foreign aeronautical personnel may exercise their activities in Chile only if the license or rating granted in another country is recognized by the aeronautical authority as valid in Chile. In the absence of an international agreement regulating such recognition, it shall be made under conditions of reciprocity and provided that it is demonstrated that the licenses and ratings were issued or validated by the competent authority in the State of registration of the aircraft, that they are in force and that the requirements to extend or validate them are equal or superior to those established in Chile for similar cases. Air transport services may be carried out by Chilean or foreign air navigation companies provided that, on the routes they operate, the other States grant similar conditions for Chilean air companies, when they so request. The Civil Aeronautics Board, by founded resolution, may terminate, suspend or limit cabotage services or other kinds of commercial air navigation services, which are performed exclusively within the national territory by foreign companies or aircraft, if their country of origin does not effectively grant or recognize the right to equal treatment to Chilean companies or aircraft. In order for foreign civil aircraft not engaged in commercial transport activities and those engaged in commercial air transport activities on a non-scheduled basis to have the right to enter Chilean territory, including its jurisdictional waters, to fly over it and to make stopovers therein for their non-commercial purposes, they must inform the Civil Aeronautics Board at least twenty-four hours in advance. Aircraft engaged in non-scheduled commercial air transportation may not take or leave passengers, cargo or mail in Chilean territory without prior authorization granted by the Civil Aeronautics Board.

Reduction Schedule: None 

Sector: Transportation

Subsector: Water transportation

Industrial Classification: CPC 721 Transportation services by vessels of CPC 722 maritime navigation Freight transportation

Type of Reservation: National Treatment (Articles 4, Annex Investments and 11.03) Most-favored-nation treatment (Articles 5, Annex Investments and 11.04) Local presence (Article 11.06) Senior executives and Boards of Directors (Article 9, Investments Annex)

Measures: Decree Law 3.059, Official Gazette, December 22, 1979, Merchant Marine Development Law, Titles I and II. Supreme Decree 24, Diario Oficial, March 10, 1986, Regulation of Decree Law 3.059, Titles I and II. Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II, III, IV and V. Supreme Decree 153, Official Gazette, March 11, 1966, Approves the General Regulations for the Registration of Seafarers, River and Lake Personnel. Code of Commerce, Book III, Titles I, IV and V. Law 19,420, Official Gazette, October 23, 1995, Establishes incentives for the economic development of the provinces of Arica and Parinacota and modifies the legal bodies indicated therein, Title Miscellaneous Provisions.

Description: Cross Border Trade in Services and Investment

Only a Chilean natural or juridical person may register a vessel in Chile. A juridical person must be incorporated with its principal domicile and real and effective seat in Chile, with its president, manager, and the majority of the directors or administrators being Chilean natural persons. In addition, more than 50 percent of its capital stock must be held by Chilean natural or juridical persons. For these purposes, a juridical person that has an interest in another juridical person that owns a vessel must comply with all the aforementioned requirements. A community may register a vessel if the majority of the co-owners are Chilean with domicile and residence in Chile, the administrators must be Chilean and the majority of the rights in the community must belong to Chilean individuals or legal entities. For these purposes, a legal entity that is a joint owner of a vessel must comply with all the aforementioned requirements to be considered Chilean. 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 to register special vessels owned by foreigners are the following: domiciled in Chile, with principal place of business in the country or permanently exercising a profession or industry in Chile. The maritime authority may, for reasons of national security, impose special rules restricting their operations. Foreign vessels must use pilotage, anchoring and port pilotage services when required by the maritime authorities. Only national flag tugboats may be used for towing or other maneuvers in Chilean ports. To be a captain, it is necessary to be a Chilean national and possess the title of captain conferred by the corresponding authority. To be an officer of national vessels, it is necessary to be Chilean and be registered in the Officers' Register. To be a crew member of national vessels, it is necessary to be Chilean, have a registration or permit granted by the Maritime Authority and be registered in the respective Registry. The professional titles and licenses granted in a foreign country shall be valid to serve as officer in national vessels when the Director-General of the Maritime Territory and Merchant Marine so provides by a well-founded resolution. The ship's master must be Chilean. The ship's master is the natural person who, in possession of the title granted by the Director-General of the Maritime Territory and Merchant Marine, is qualified to command smaller vessels and certain larger special vessels. Only Chileans or foreigners domiciled in the country may work as fishing skippers, mechanics-motorists, motorists, seamen-fishermen, fishermen, fishermen, employees or technical workers in maritime industries or commerce and as crew members of industrial and general services of factory or fishing vessels when requested by the shipowners because they are indispensable for the initial organization of the work. In order to fly the national flag, the captain of the vessel, its officers and crew must be Chilean. Notwithstanding, the Directorate General of Maritime Territory and Merchant Marine by in a well-founded resolution and on a transitory basis, it may authorize the hiring of foreign personnel when indispensable, except for the captain, who shall always be Chilean. To work as a multimodal operator in Chile, it is necessary to be a Chilean natural or legal person. Cabotage is reserved to Chilean vessels. It shall be understood as maritime, fluvial or lacustrine transportation of passengers and cargo between points of the national territory and between these and naval artifacts installed in the territorial sea or in the exclusive economic zone. Foreign merchant vessels may participate in cabotage in the case of cargo volumes of more than 900 tons, after a public bidding process carried out by the user and called with due notice. In the case of cargo volumes equal to or less than 900 tons and there is no availability of vessels under the Chilean flag, the Maritime Authority shall authorize the loading of such cargo on foreign merchant vessels. The cabotage reservation for Chilean vessels shall not apply in the case of cargoes coming from or bound for ports in the province of Arica. In the event that Chile adopts, for reasons of reciprocity, a measure of cargo reservation in the international transportation of cargo between Chile and another non-Party country, the cargo that is reserved shall be carried on vessels flying the Chilean flag or reputed as such. The transportation of cargo by sea from or to Chile may be reserved to Chilean flag vessels only in the event that Mexico applies a cargo reservation measure or other measure of equivalent effect, and to the extent or proportion that limits the access of Chilean vessels to the transportation of cargo in Mexico.

Reduction Schedule: None 

Sector: Transportation

Subsector: Water transportation

Industrial classification: CPC 721 Transportation services by watercraft CPC 722 maritime Freight transportation

Type of Reservation: National Treatment (Articles 4, Annex Investments and 11.03) Local presence (Article 11.06) Senior executives and Boards of Directors (Article 9, Investments Annex)

Measures: Commercial Code, Book III, Titles I, IV and V. Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II and IV.

Description: Cross Border Trade in Services and Investment Ship agents or representatives of ship operators, owners or captains, whether natural or juridical persons, must be Chilean nationals. Stevedoring and unstowage agents or wharfage companies, who totally or partially mobilize the cargo between the vessel and the port premises or means of land transportation and vice versa, shall also comply with this requirement. All those who disembark, transship and, in general, make use of Chilean continental or insular ports, especially for fishing catches or fishing catches processed on board, must also be Chilean legal or natural persons.

Reduction Schedule: None

Sector: Transportation

Subsector: Road transportation

Industrial Classification: CPC 712 Other land transport services

Type of Reservation: National Treatment (Article 11.03) Most-favored-nation treatment (Article 11.04) Local presence (Article 11.06)

Measures: Supreme Decree 212 of the Ministry of Transport and Telecommunications, Diario Oficial, November 21, 1992. Decree 163 of the Ministry of Transportation and Telecommunications, Official Gazette, January 4, 1985. Supreme Decree 257 of the Ministry of Foreign Affairs, Diario Oficial, October 17, 1991.

Description: Cross-border trade in services

Providers of land transportation services must register in the National Registry by means of an application to be submitted to the Regional Ministerial Secretary of Transportation and Telecommunications. In the case of urban services, the interested parties must submit the application to the Regional Secretary with jurisdiction in the locality where the service will be provided and, in the case of rural and interurban services, in the region corresponding to the domicile of the interested party. The application for registration must specify the information required by law and attach, among other information, a photocopy of the national identity card, authenticated, and in the case of legal entities, the public instruments evidencing their incorporation, name and domicile of the legal representative in the case of legal entities and the document evidencing it as such. Foreign natural or juridical persons authorized to carry out international transportation in the territory of Chile may not carry out local transportation services or participate, in any way, in such activities within the national territory. Only companies with real and effective domicile and created under the laws of the following countries may provide international land transportation services between Chile, Argentina, Bolivia, Brazil, Peru, Uruguay and Paraguay. Additionally, in order to obtain a permit to provide international land transportation services, in the case of foreign legal entities, more than half of their capital and effective control of such legal entities must belong to nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay. 

Reduction Schedule: None 

Sector: Transportation

Subsector: Road transportation

Industrial Classification: CPC 712 Other land transport services

Type of Reservation: National Treatment (Article 11.03) Most-favored-nation treatment (Article 11.04)

Measures: Law 18.290, Official Gazette, February 7, 1984, Title IV. Supreme Decree 485 of the Ministry of Foreign Affairs, Official Gazette, September 7, 1960, Geneva Convention.

Description: Cross-border trade in services

Motor vehicles with foreign license plates that enter the country, under temporary admission, under the provisions of the "Convention on Road Traffic" of Geneva of 1949, may circulate freely in the national territory for the term established in said Convention, provided that they comply with the requirements established by Chilean law. The holder of a valid international license or certificate to drive motor vehicles, issued in a foreign country in accordance with the Geneva Convention, may drive throughout the territory of the Republic. The driver of a vehicle with a foreign license plate who holds an international license to drive, shall deliver, whenever requested by the authority, the proofs that enable both the circulation of the vehicle and the use and validity of his personal documentation.

Reduction Schedule: None

Annex I. List of Mexico

Sector: All Sectors

Subsector:

Industrial Classification:

Type of Reservation: National Treatment (Article 9-03)

Level of Government: Federal

Measures: Political Constitution of the United Mexican States, Article 27 248 Foreign Investment Law, Official Gazette, December 27, 1993, Title II, Chapters I and II. Regulation of the Law to Promote Mexican Investment and Regulate Foreign Investment, Official Gazette, May 16, 1989, Title III, Chapter III.

Description: Investment

Foreigners or foreign companies may not acquire direct dominion over lands and waters within a 100 kilometer strip along the borders and 50 kilometers along the beaches (the Restricted Zone). Mexican companies without a foreigner exclusion clause may acquire ownership of real estate used for non-residential activities located in the Restricted Zone, and must give notice of such acquisition to the Ministry of Foreign Affairs (SRE) within sixty business days following the date on which the acquisition is made. Mexican companies without a foreign exclusion clause may not acquire ownership of real estate for residential purposes located in the Restricted Zone. Mexican companies without a foreigner exclusion clause may acquire, in accordance with the procedure described herein, rights for the use and exploitation of real estate in the Restricted Zone, which are intended for residential purposes. Said procedure will also apply to nationals or foreign companies for the same case in accordance with the following: Permission from the SRE is required for credit institutions to acquire as trustees, rights over real estate located in the Restricted Zone, when the purpose of the trust is to allow the use and exploitation of such property without constituting real rights over them. The use and exploitation of the real estate located in the Restricted Zone shall be understood as the rights to the use or enjoyment thereof, including, if applicable, the obtaining of fruits, products and, in general, any yield resulting from the operation and lucrative exploitation through third parties or the trust institution. The duration of the trusts referred to in this reserve will be for a maximum period of fifty years, which may be extended at the request of the interested party. The SRE may at any time verify compliance with the conditions, presentation and veracity under which the permits are granted. The SRE will decide on the permits, considering the economic and social benefit that the performance of these operations implies for the Nation. Foreign nationals or foreign companies intending to acquire or acquire 249 property outside the Restricted Zone, they must previously submit to the SRE a written document in which they agree to consider themselves Mexican nationals for these purposes and waive the right to invoke the protection of their governments with respect to such property.

Reduction Schedule: None

Sector :All sectors

Subsector:

Industrial Classification:

Type of Reservation: National Treatment (Article 9-03)

Level of Government: Federal

Measures: Foreign Investment Law, Official Gazette, December 27, 1993, Title VI, Chapter III.

Description: Investment

The National Foreign Investment Commission (CNIE), in order to determine the convenience of authorizing the applications submitted for its consideration for the acquisition or establishment of investments in the restricted activities, in which such authorization is required, in accordance with this Annex, shall take into account the following criteria: a) the impact on employment and worker training; b) technological contribution; c) compliance with the environmental provisions contained in the ecological ordinances governing the matter; or d) In general, the contribution to increasing the competitiveness of Mexico's productive plant. The CNIE, when deciding on the merits of an application, may only impose Performance Requirements that do not distort international trade and that are not prohibited by article 9-06 (Performance Requirements).

Reduction Schedule: None

Sector: All sectors

Subsector:

Industrial Classification:

Type of Reservation: National treatment (Article 9- 03) 251

Level of Government: Federal

Measures: Foreign Investment Law, Official Gazette, December 27, 1993, Title I, Chapter III. As qualified by the element Description.

Description: Investment

A favorable resolution of the National Foreign Investment Commission (CNIE) is required for Mexican companies in which the foreign investment intends to participate, directly or indirectly, in a proportion greater than 49 percent of their capital stock, only when the total value of the assets of the companies in question, at the time of submitting the acquisition request, exceeds the applicable threshold.

Reduction Schedule: For investors and investments from Chile, the applicable threshold for the review of the acquisition of a Mexican company will be: a) US$50 million through December 31, 1999; b) US$75 million from January 1, 2000 through December 31, 2002; and c) US$150 million as of January 1, 2003. Beginning January 1, 2004, the thresholds will be adjusted annually according to the nominal growth rate of Mexico's Gross Domestic Product, as published by the National Institute of Statistics, Geography and Informatics.

Sector: All sectors

Subsector:

Industrial Classification:

Type of Reservation: National treatment (Article 9- 03) 252 Senior executives and boards of directors or boards of directors (article 9-08)

Level of Government: Federal

Measures: Political Constitution of the United Mexican States, Article 25 General Law of Cooperative Societies, Official Gazette, August 3, 1994, Title I, Sole Chapter. Foreign Investment Law, Official Gazette, December 27, 1993, Title I, Chapter III.

Description: Investment

No more than 10 percent of the members of a Mexican production cooperative may be foreigners. Foreigners may not hold management or general administration positions in cooperative societies.

Reduction Schedule: None

Sector: All sectors

Subsector: Industrial Classification:

Type of Reservation: National treatment (Article 9-03) 

Level of Government: Federal

Measures: Federal Law for the Promotion of Microindustry and Handicraft Activity, Official Gazette, July 22, 1991, Chapters I, II and III.

Description: Investment

Only Mexican nationals may apply for a certificate to qualify as a micro-industrial enterprise. A Mexican "micro-industrial enterprise" may not have as partners persons of foreign nationality. The Federal Law for the Promotion of Microindustry and Artisanal Activity defines a "microindustrial enterprise" as, among other things, one that has up to 15 workers, is engaged in the transformation of goods and whose annual sales do not exceed the amounts determined periodically by the Ministry of Commerce and Industrial Development.

Reduction Schedule: None

Sector: Agriculture, livestock, forestry and logging activities

Subsector: Agriculture, livestock or forestry

Industrial Classification: CMAP 1111 Agriculture CMAP 1112 Livestock and hunting (limited to livestock) CMAP 1200 Forestry and logging

Type of Reservation: National Treatment (Article 9-03)

Level of Government: Federal

Measures: Political Constitution of the United Mexican States, Article 27 Agrarian Law, Official Gazette, July 7, 1993, Titles V and VI. Foreign Investment Law, Official Gazette, December 27, 1993, Title I, Chapter III.

Description: Investment

Only Mexican nationals or Mexican companies may own land intended for agricultural, livestock or forestry purposes. Such companies must issue a special series of shares ("T" shares), which represent the value of the land at the time of acquisition. Investors of the other Party or their investments may only acquire up to 49 percent participation in the series "T" shares.

Reduction Schedule: None

Sector: Trade

Subsector: Trade of non-food products in specialized establishments

Industrial Classification: CMAP 623087 Retail trade of firearms, cartridges and ammunition, and 255 ammunition CMAP 612024 Wholesale trade not elsewhere classified (limited to firearms, ammunition and cartridges)

Type of Reservation: National Treatment (Article 9-03)

Level of Government: Federal

Measures: Foreign Investment Law, Official Gazette, December 27, 1993, Title I, Chapter III.

Description: Investment

Investors of the other Party or their investments may only acquire up to 49 percent of the participation in an enterprise established or to be established in the territory of Mexico engaged in the sale of explosives, firearms, cartridges, ammunition and fireworks, not including the acquisition of explosives for industrial and extractive activities, or the manufacture of explosive mixtures for the consumption of such activities. For purposes of determining this maximum limit of participation, foreign investment that is indirectly carried out in this activity through Mexican companies with a majority of Mexican capital will not be computed, provided that the latter are not controlled by the foreign investment.

Reduction Schedule: None

Sector: Communications

Subsector: Entertainment services (radio broadcasting, multipoint distribution systems, etc.) 256 MDS/MMDS, continuous music, DTH and DBS and HDTV).

Industrial Classification: CMAP 941104 Private production services and private transmission of radio programs (limited to the production and transmission of radio programs, MDS/MMDS and continuous music) CMAP 941105 Private production, broadcasting and replay services for the production and transmission of television programs, (limited to the transmission and TV program replay, MDS/MMDS, MDS/MMDS systems direct distribution (DTH and DBS) and high speed television (DTH and DBS). definition)

Type of Reservation: National Treatment (Articles 9-03 and 10-03) Local Presence (Article 10-06)

Level of Government: Federal

Measures: Political Constitution of the United Mexican States, Article 32 Ley de Vías Generales de Comunicación, Diario Oficial, February 19, 1940, Book I, Chapter III. Federal Telecommunications Law, Official Gazette, June 7, 1995, Chapter III, Section I. Federal Radio and Television Law, Diario Oficial, January 19, 1960, Title III, Chapter I. Regulations of the Federal Law of Radio and Television and the Law of the Cinematographic Industry Regarding the Content of Radio and Television Transmissions, Official Gazette, January 19, 1960, Title III. Foreign Investment Law, Official Gazette, December 27, 1993, Title I, Chapter II.

Description: Cross Border Trade in Services and Investment

A concession granted by the Ministry of Communications and Transportation is required to provide broadcasting services, MDS/MMDS multipoint distribution systems, continuous music, DTH and DBS and high-definition television. Only Mexican nationals and Mexican companies with a foreigner exclusion clause may provide services or make investments in the activities mentioned in the preceding paragraph. This reservation does not apply to the production, sale or licensing of radio or television program rights.

Reduction Schedule: None

Sector: Communications

Subsector: Entertainment services (broadcasting, multipoint distribution systems (MDS/MMDS) and cable television)

Industrial Classification: CMAP 941104 Production and private broadcasting of radio programs. (limited to radio program production and broadcasting, MDS/MMDS and continuous music) CMAP 941105 Private television program production, transmission and replay services (limited to television program production, transmission and replay, MDS/MMDS, direct distribution systems (DTH and DBS) high definition television and cable television) 

Type of Reservation: National Treatment (Article 10-03) Performance Requirements (Article 9-07)

Level of Government: Federal

Measures: Federal Law of Radio and Television, Official Gazette, January 19, 1960 Title IV, Chapter III Regulations of the Federal Law of Radio and Television and the Law of the Cinematographic Industry Regarding the Content of Radio and Television Transmissions, Official Gazette, January 19, 1960, Title III. Cable Television Service Regulations, Diario Oficial, January 18, 1979, Chapter VI. D

escription: Cross Border Trade in Services and Investment

In order to protect copyrights, the licensee of a commercial radio broadcasting station or cable television system requires prior authorization from the Ministry of the Interior to import in any form radio or television programs for the purpose of rebroadcasting or distributing them in the territory of Mexico. Authorization shall be granted provided that the application is accompanied by documentation evidencing the copyright(s) for the retransmission or distribution of such programs.

Reduction Schedule: None

Sector: Communications

Subsector: Entertainment services (broadcasting and multipoint distribution systems (MDS/MMDS) and cable television)

Industrial Classification: CMAP 941105Private program production and repetition services. television (limited to broadcasting, cable television and MDS/MMDS)

  • Part   One GENERAL PART 1
  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1-01 Establishment of the Free Trade Area 1
  • Article   1-02 Objectives 1
  • Article   1-03 Relation to other International Agreements 1
  • Article   1-04 Observance of the Agreement 1
  • Article   1-05 Successor Agreements 1
  • Article   1-06 Relation to Environmental and Conservation Agreements 1
  • Chapter   2 GENERAL DEFINITIONS 1
  • Article   2-01 Definitions of General Application 1
  • ANNEX 2-01  Country-Specific Definitions 1
  • Part   Two TRADE INGOODS 1
  • Chapter   3 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Definitions, Scope and Coverage 1
  • Article   3-01 Definitions 1
  • Article   3-02 Scope and Coverage 1
  • Section   B National Treatment 1
  • Article   3-03 National Treatment 1
  • Section   C Tariffs 1
  • Article   3-04 Tariff Elimination 1
  • Article   3-05 Customs Valuation Code 2
  • Article   3-06 Temporary Admission of Goods 2
  • Article   3-07 Duty-Free Entry of Certain Commercial Samples and Printed Advertising Materials 2
  • Article   3-08 Goods Re-Entered after Repair or Alteration 2
  • Section   D Non-Tariff Measures 2
  • Article   3-09 Import and Export Restrictions 2
  • Article   3-10 Customs User Fees 2
  • Article   3-11 Export Taxes 2
  • Article   3-12 International Obligations 2
  • Article   3-13 Export Subsidies on Agricultural Goods 2
  • Article   3-14 Domestic Support 2
  • Section   E Automotive Sector 2
  • Article   3-15 Automotive Sector 2
  • Section   F Consultations 2
  • Article   3-16 Committee on Trade In Goods 2
  • Article   3-17 Information and Consultations 2
  • Chapter   4 RULES OF ORIGIN 2
  • Article   4-01 Definitions 2
  • Article   4-02 Interpretation and Application 3
  • Article   4-03 Originating Goods 3
  • Article   4-04 Regional Value Content 3
  • Article   4-05 Value of Materials 3
  • Article   4-06 De Minimis 3
  • Article   4-07 Intermediate Materials 3
  • Article   4-08 Accumulation 3
  • Article   4-09 Fungible Goods and Materials 3
  • Article   4-10 Sets and Assortments 3
  • Article   4-11 Indirect Materials 3
  • Article   4-12 Accessories, Spare Parts and Tools 3
  • Article   4-13 Packaging Materials and Containers for Retail Sale 3
  • Article   4-14 Packing Materials and Containers for Shipment 3
  • Article   4-15 Automotive Goods 3
  • Article   4-16 Non-Qualifying Operations and Practices 4
  • Article   4-17 Transhipment and Direct Shipment 4
  • Article   4-18 Sub-Committee on Rules of Origin 4
  • Chapter   5 CUSTOMS PROCEDURES 4
  • Article   5-01 Definitions 4
  • Article   5-02 Declaration and Certification of Origin 4
  • Article   5-03 Obligations Regarding Importations 4
  • Article   5-04 Obligations Regarding Exportations 4
  • Article   5-05 Exceptions 4
  • Article   5-06 Accounting Records 4
  • Article   5-07 Origin Verifications 4
  • Article   5-08 Confidentiality 4
  • Article   5-09 Advance Rulings 4
  • Article   5-10 Penalties 4
  • Article   5-11 Review and Appeal 4
  • Article   5-12 Uniform Regulations 5
  • Article   5-13 Cooperation 5
  • Article   5.14 Customs Sub-Committee 5
  • Chapter   6 EMERGENCY ACTION 5
  • Article   6-01 Definitions 5
  • Article   6-02 Bilateral Emergency Actions 5
  • Article   6-03 Global Emergency Actions 5
  • Article   6-04 Administration of Emergency Action Proceedings 5
  • Article   6-05 Dispute Settlement In Emergency Action Matters 5
  • Part   Three TECHNICAL STANDARDS 5
  • Chapter   7 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   7-01 Definitions 5
  • Article   7-02 General Provisions 5
  • Article   7-03 Rights of the Parties 5
  • Article   7-04 Obligations of the Parties 5
  • Article   7-05 International Standards and Harmonization 5
  • Article   7-06 Equivalence 5
  • Article   7-07 Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection 5
  • Article   7-08 Recognition of Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 5
  • Article   7-09 Control, Inspection and Approval Procedures 5
  • Article   7-10 Transparency 5
  • Article   7-11 Committee on Sanitary and Phytosanitary Measures 5
  • Article   7-12 Technical Consultations 5
  • Article   7-13 Relation to other Chapters 6
  • Chapter   8 STANDARDS-RELATED MEASURES 6
  • Article   8-01 Definitions 6
  • Article   8-02 General Provision 6
  • Article   8-03 Scope and Coverage 6
  • Article   8-04 Basic Rights and Obligations 6
  • Article   8-05 Compatibility 6
  • Article   8-06 Assessment of Risk 6
  • Article   8-07 Conformity Assessment Procedures 6
  • Article   8-08 Approval Procedures 6
  • Article   8-09 Notification, Publication and Transparency 6
  • Article   8-10 Limitations on the Provision of Information 6
  • Article   8-11 Committee on Standards-Related Measures 6
  • Article   8-12 Technical Cooperation 6
  • Part   Four INVESTMENT, SERVICES AND RELATED MATTERS 6
  • Chapter   9 INVESTMENT 6
  • Section   A Definitions 6
  • Article   9-01 Definitions 6
  • Section   B Investment 7
  • Article   9-02 Scope and Coverage 7
  • Article   9-03 National Treatment 7
  • Article   9-04 Most-Favoured Nation Treatment 7
  • Article   9-05 Standard of Treatment 7
  • Article   9-06 Minimum Standard of Treatment 7
  • Article   9-07 Performance Requirements 7
  • Article   9-08 Senior Management and Boards of Directors 7
  • Article   9-09 Reservations and Exceptions 7
  • Article   9-10 Transfers 7
  • Article   9-11 Expropriation and Compensation 7
  • Article   9-12 Special Formalities and Information Requirements 7
  • Article   9-13 Relation to other Chapters 7
  • Article   9-14 Denial of Benefits 7
  • Article   9-15 Environmental Measures 7
  • Section   C Settlement of Disputes between a Party and an Investor of the other Party 7
  • Article   9-16 Purpose 7
  • Article   9-17 Claim by an Investor of a Party on Its Own Behalf 7
  • Article   9-18 Claim by an Investor of a Party on Behalf of an Enterprise 7
  • Article   9-19 Settlement of a Claim Through Consultation and Negotiation 7
  • Article   9-20 Notice of Intent to Submit a Claim to Arbitration 7
  • Article   9-21 Submission of a Claim to Arbitration 8
  • Article   9-22 Conditions Precedent to Submission of a Claim to Arbitration 8
  • Article   9-23 Consent to Arbitration 8
  • Article   9-24 Number of Arbitrators and Method of Appointment 8
  • Article   9-25 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 8
  • Article   9-26 Agreement to Appointment of Arbitrators 8
  • Article   9-27 Consolidation 8
  • Article   9-28 Notice 8
  • Article   9-29 Participation by a Party 8
  • Article   9-30 Documents 8
  • Article   9-31 Place of Arbitration 8
  • Article   9-32 Governing Law 8
  • Article   9-33 Interpretation of Annexes 8
  • Article   9-34 Expert Reports 8
  • Article   9-35 Interim Measures of Protection 8
  • Article   9-37 Final Award 8
  • Article   9-37 Finality and Enforcement of an Award 8
  • Article   9-38 Time When a Claim Is Submitted to Arbitration 8
  • Article   9-39 Exclusions 8
  • Section   D Committee on Investment and Cross-Border Trade In Services 8
  • Article   9-40 Committee on Investment and Cross-Border Trade In Services 8
  • Chapter   10 CROSS-BORDER TRADE IN SERVICES 8
  • Article   10-01 Definitions 8
  • Article   10-02 Scope and Coverage 9
  • Article   10-03 National Treatment 9
  • Article   10-04 Most-Favoured-Nation Treatment 9
  • Article   10-05 Standard of Treatment 9
  • Article   10-06 Local Presence 9
  • Article   10-07 Reservations 9
  • Article   10-08 Quantitative Restrictions 9
  • Article   10-09 Future Liberalization 9
  • Article   10-11 Procedures 9
  • Article   10-12 Licensing and Certification 9
  • Article   10-13 Denial of Benefits 9
  • Article   10-14 Committee on Investment and Cross-Border Trade In Services 9
  • Chapter   11 AIR TRANSPORTATION SERVICES 9
  • Article   11-01 Definitions 9
  • Article   11-02 Scope and Coverage 9
  • Article   11-03 Consolidation 9
  • Article   11-04 Dispute Settlement 9
  • Article   11-05 Committee on Air Transportation 9
  • Article   11-06 Convention 9
  • Chapter   12 TELECOMMUNICATIONS 9
  • Article   12-01 Definitions 9
  • Article   12-02 Scope and Coverage 9
  • Article   12-03 Access to and Use of Public Telecommunications Transport Networks and Services 9
  • Article   12-04 Conditions for the Provision of Enhanced or Value-Added Services 10
  • Article   12-05 Standards-Related Measures 10
  • Article   12-06 Monopolies 10
  • Article   12-07 Transparency 10
  • Article   12-08 Relation to other Chapters 10
  • Article   12-09 Relation to International Organizations and Agreements 10
  • Article   12-10 Technical Cooperation and other Consultations 10
  • Chapter   13 TEMPORARY ENTRY FOR BUSINESS PERSONS 10
  • Article   13-01 Definitions 10
  • Article   13-02 General Principles 10
  • Article   13-03 General Obligations 10
  • Article   13-04 Grant of Temporary Entry 10
  • Article   13-05 Provision of Information 10
  • Article   13-06 Temporary Entry Working Group 10
  • Article   13-07 Dispute Settlement 10
  • Article   13-08 Relation to other Chapters 10
  • Chapter   14 COMPETITION POLICY, MONOPOLIES AND STATE ENTERPRISES 10
  • Article   14-01 Definitions 10
  • Article   14-02 Competition Law 10
  • Article   14-03 Monopolies and State Enterprises 10
  • Article   14-04 State Enterprises 10
  • Article   14-05 Committee on Trade and Competition 10
  • Part   Five INTELLECTUAL PROPERTY 10
  • Chapter   15 Intellectual Property 10
  • Section   A Definitions and General Provisions 10
  • Article   15-01 Definitions 10
  • Article   15-02 Protection of Intellectual Property Rights 10
  • Article   15-03 Relation to other Intellectual Property Agreements 10
  • Article   15-04 National Treatment 11
  • Article   15-05 Most Favoured-Nation Treatment 11
  • Article   15-06 Control of Abusive or Anticompetitive Practices or Conditions 11
  • Article   15-07 Cooperation to Eliminate Trade In Infringing Goods 11
  • Article   15-08 Scope of the Cooperation 11
  • Section   B Copyright and Related Rights 11
  • Article   15-09 Copyright 11
  • Article   15-10 Performers 11
  • Article   15-11 Producers of Sound Recordings 11
  • Article   15-13 Provision for Copyright and Related Rights 11
  • Article   15-14 Term of Protection of Copyright and Related Rights 11
  • Section   C Trademarks 11
  • Article   15-15 Protection 11
  • Article   15-16 Rights Conferred 11
  • Article   15-17 Well-Known Trademarks 11
  • Article   15-18 Exceptions 11
  • Article   15-19 Term of Protection 11
  • Article   15-20 Requirement of Use 11
  • Article   15-21 Renewal of a Trademark 11
  • Article   15-22 Other Requirements 11
  • Article   15-23 Licensing and Assignment 11
  • Section   D Designations of Origin 11
  • Article   15-24 Designations of Origin 11
  • Section   E Enforcement of Intellectual Property Rights 11
  • Article   15-25 Definitions 11
  • Article   15-26 General Obligations 11
  • Civil and Administrative Procedure and Remedies 11
  • Article   15-27 Fair and Equitable Procedures 11
  • Article   15-28 Evidence 11
  • Article   15-29 Injunctions 11
  • Article   15-30 Damages 11
  • Article   15-31 Other Remedies 11
  • Article   15-32 Right of Information 11
  • Article   15-33 Indemnification of the Defendant 11
  • Article   15-34 Administrative Procedures 11
  • Article   15-35 Provisional Measures 11
  • Special Requirements Related to Border Measures 11
  • Article   15-36 Suspension of Release by Customs Authorities 11
  • Article   15-37 Application 11
  • Article   15-38 Security or Equivalent Assurance 11
  • Article   15-39 Notice of Suspension 11
  • Article   15-40 Duration of Suspension 11
  • Article   15-41 Indemnification of the Importer and of the Owner of the Goods 11
  • Article   15-42 Right of Inspection and Information 11
  • Article   15-43 Ex Officio Action 11
  • Article   15-44 Remedies 11
  • Article   15-45 De Minimis Imports 11
  • Article   15-46 Criminal Procedures 11
  • Section   F Final Provisions 11
  • Article   15-47 Application of this Chapter 11
  • Part   Six ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 11
  • Chapter   16 TRANSPARENCY 12
  • Article   16-01 Definitions 12
  • Article   16-02 Contact Points 12
  • Article   16.03 Publication 12
  • Article   16-04 Notification and Provision of Information 12
  • Article   16-05 Administrative Proceedings 12
  • Article   16-06 Review and Appeal 12
  • Chapter   17 ADMINISTRATION OF THE AGREEMENT 12
  • Article   17-01 Free Trade Commission 12
  • Article   17-02 The Secretariat 12
  • Chapter   18 DISPUTE SETTLEMENT 12
  • Section   A Dispute Settlement 12
  • Article   18-01 Cooperation 12
  • Article   18-02 Scope and Coverage 12
  • Article   18-03 WTO Dispute Settlement 12
  • Consultations 12
  • Article   18-04 Consultations 12
  • Initiation of Procedures 12
  • Article   18-05 Commission - Good Offices, Conciliation and Mediation 12
  • Panel Proceedings 12
  • Article   18-06 Request for an Arbitral Panel 12
  • Article   18-07 Roster 12
  • Article   18-08 Qualifications of Panellists 12
  • Article   18-09 Panel Selection 12
  • Article   18-10 Model Rules of Procedure 12
  • Article   18-11 Role of Experts 12
  • Article   18-12 Scientific Review Boards 12
  • Article   18-13 Initial Report 12
  • Article   18-14 Final Report 13
  • Implementation of Panel Final Reports 13
  • Article   18-15 Implementation of Final Reports 13
  • Article   18-16 Non-Implementation - Suspension of Benefits 13
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 13
  • Article   18-17 Referrals of Matters from Judicial or Administrative Proceedings 13
  • Article   18-18 Private Rights 13
  • Article   18-19 Alternative Dispute Resolution 13
  • Chapter   19 EXCEPTIONS 13
  • Article   19-01 Definitions 13
  • Article   19-02 General Exceptions 13
  • Article   19-03 National Security 13
  • Article   19-04 Exceptions to Disclosure of Information 13
  • Article   19-05 Taxation 13
  • Article   19-06 Balance of Payments 13
  • Chapter   20 Final Provisions 13
  • Article   20-01 Annexes 13
  • Article   20-02 Amendments 13
  • Article   20-03 Convergence 13
  • Article   20-4 Duration and Entry Into Force 13
  • Article   20-05 Reservations 13
  • Article   20-06 Accession 13
  • Article   20-07 Termination 13
  • Article   20-08 Future Negotiations 13
  • Article   20-09 Cooperation on Rules of Origin 13
  • Article   20-10 Revocations and Transitory Provisions 13
  • Annex I  List of Chile 13
  • Annex I  List of Mexico 15
  • Annex II  List of Chile 26
  • Annex II  List of Mexico 27
  • Annex III  List of Mexico 27
  • Section   A Activities Reserved to the Mexican State 27
  • Section   B Deregulation of Activities Reserved to the State 27
  • Section   C Activities Previously Reserved to the Mexican State 27
  • Annex IV  List of Mexico 27