Ley 16319, Diario Oficial octubre 23, 1965, Crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III.
Succinct description of the measure:
The exploration, exploitation and treatment (beneficio) of liquid or gaseous hydrocarbons, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined, in each case by a supreme decree of the President of the Republic. For greater certainty, it is understood that the term 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 Comisión Chilena de Energía Nuclear or, with its authorization, jointly with third persons. Should the Comisión grant such an authorization, it may determine the terms and conditions thereof.
Sector: Issues involving minorities and indigenous peoples
Subsector:
Level of Government: National
Legal source or authority of the measure:
Any existing or future measure as described below
Succinct description of the measure:
Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.
Chile reserves the right to adopt or maintain any measure denying investors of the EFTA States and their investments or service providers of the EFTA States, any rights or preferences provided to indigenous peoples.
Sector: Fisheries
Subsector: Aquaculture
Level of Government: National
Legal source or authority of the measures:
Ley 18892, Diario Oficial enero 21, 1992, Ley General de Pesca y Acuicultura, Títulos I y VI.
Succinct description of the measure:
A concession or authorization is required for the use of beaches, land adjacent to beaches (terrenos de playas), water-column (porciones de agua) and sea-bed lots (fondos marinos) to engage in aquaculture activities.
Only Chilean natural or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may be holders of an authorisation or concession to carry out aquaculture activities.
Sector: Fisheries
Subsector:
Level of Government: National
Legal source or authority of the measures:
Ley 18892, Diario Oficial, enero 21, 1992, Ley General de Pesca y Acuicultura, Títulos I, III, IV y IX
Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I y II
Succinct description of the measure:
In order to harvest and to catch hydrobiological species in interior waters, in the territorial sea and Exclusive Economic Zone of Chile, a permit issued by the Subsecretaría de Pesca is required.
Only Chilean natural persons or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may be holders of permits to harvest and to catch hydrobiological species.
Only Chilean vessels are permitted to fish in interior waters, in the Territorial seas and Chile's Exclusive Economic Zone. Chilean vessels are those defined in the Ley de Navegación. Access to industrial extractive fishing activities shall be subject to prior registration of the vessel in Chile.
Only a Chilean natural or juridical person may register a vessel in Chile. A juridical person must be constituted in Chile with 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 equity capital must be held by Chilean natural or juridical persons. For these purposes, a juridical person with ownership participation in another juridical person that owns a vessel has to comply with all the aforementioned requisites.
A joint ownership (comunidad) may register a vessel if the majority of the joint owners are Chilean with domicile and residency in Chile. The administrators must be Chilean natural persons and the majority of the rights of the joint ownership (comunidad) must belong to a Chilean natural or juridical person. For these purposes a juridical person with ownership participation in a joint ownership (comunidad) that owns a vessel, has to comply with all the aforementioned requisites.
An owner (natural or juridical person) of a fishing vessel registered in Chile prior to June 30, 1991, shall not be subject to the nationality requirement above mentioned.
Fishing vessels specifically authorized by the maritime authorities, pursuant to powers conferred by law in cases of reciprocity granted to Chilean vessels by other States may be exempted from the above mentioned requisites on equivalent terms provided to Chilean vessels by that State.
Access to small scale fishing activities (pesca artesanal) shall be subject to registration in the Registro de Pesca Artesanal. Registration for small scale fishing (pesca artesanal) is only granted to Chilean natural persons and foreign natural persons with permanent residency, or a Chilean juridical person constituted by the aforementioned persons.
Sector: Fisheries
Subsector: Fishing-related activities
Level of Government: National
Legal source or authority of the measures:
Any existing or future measure as described below
Succinct description of the measure:
Chile retains the right to control the activities of foreign fishing, including fish landing, first landing of fish processed at sea, and access to Chilean ports (port privileges).
Chile reserves the right to control the use of beaches, land adjacent to beaches (terenos de playas), water-columns (porciones de agua) and sea-bed lots (fondos marinos) for the issuance of maritime concessions. For greater certainty, “maritime concessions” does not include aquaculture.
Sector: Government finance
Subsector: Securities
Level of Government: National
Legal source or authority of the measure:
Any existing or future measure as described below
Succinct description of the measure:
Chile reserves the right to adopt or maintain any measure related to the acquisition, sale or disposal by EFTA States’ nationals of bonds, treasury securities or any other type of debt instruments issued by the Central Bank or the Government of Chile. This is not intended to affect the rights of EFTA States’ financial institutions (banks) established in Chile to acquire, sale or dispose such instruments when required for purposes of regulatory capital.
Sector: Mining
Subsector:
Level of Government: National
Legal source or authority of the measures:
Constitución Política de la República de Chile, Capítulo III.
Ley 18097, Diario Oficial, enero 12, 1982,Ley Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III
Ley 18248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y III.
Ley 16319, Diario Oficial, octubre 23, 1965, crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III
Succinct description of the measure:
The exploration, exploitation and treatment (beneficio) of lithium, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined, in each case by a supreme decree of the President of the Republic. For greater certainty, Chile has the right of first refusal, at the customary market prices and terms, for the purchase of mineral products from mining operations in the country, when thorium or uranium are contained in significant amounts therein.
For greater certainty, Chile may demand that producers separate from mining products, the portion of substances which may not be granted in mining concessions which exist, in significant amounts, in said products, and which can be economically and technically separated, for delivery to or for sale on behalf of the State. For these purposes, economically and technically separated requires that the costs incurred to recover the substances concerned through a sound technical procedure, and to commercialize and deliver the same shall be lower than its commercial value.
Natural atomic materials and lithium extracted, and concentrates, derivatives and compounds of both of them, cannot be subject to any kind of juridical acts, unless executed or entered into by the Comisión Chilena de Energía Nuclear, or with its prior authorization. Should the Comisión grant an authorization, it shall determine, in turn, the conditions granted therein.
Sector: Printing, publishing and other related industries
Subsector:
Level of Government: National
Legal source or authority of the measures:
Ley 19733, Diario Oficial junio 4, 2001, Ley sobre las Libertades de Opinión e Información y Ejercicio del Periodismo, Títulos I y III
Succinct description of the measure:
The owner of a social communication medium such as newspapers, magazine or regularly published texts whose publishing address is located in Chile or a national news agency, shall in the case of a natural person have a duly established domicile in Chile and in the case of a juridical persons shall be constituted with domicile in Chile or have an agency authorized to operate within the national territory. Only Chilean nationals may be president, administrators or legal representatives of the juridical person. The director legally responsible and the person who replaces him or her must be Chilean with domicile and residence in Chile.
Appendix 2. Reservations by Iceland
Sector: All sectors
Sub-sector: Company Law
Level of Government: National
Legal source or authority of the measure:
Law No. 138/1994 Respecting Private Limited Companies, Law No. 2/1995 Respecting Public Limited Companies, Law No. 34/1991 on Investment by Non-Residents in Business Enterprises
Succinct description of the measure:
The majority of the founders of a private limited company or a public limited company must be resident in Iceland or another EEA (1) Member State. The Minister of Commerce can grant exemptions from these restrictions on grounds of an application.
The managers and at least half the board of directors of a private limited company or a public limited company must be residents in Iceland or another EEA Member State. The Minister of Commerce can grant exemptions from these restrictions on grounds of an application.
Sector: All sectors
Sub-sector: Real estate
Level of Government: National
Legal source or authority of the measure:
Law No. 19/1966 on the Right to Own and Use Real Estate, Law No. 34/1991 on Investment by Non-Residents in Business Enterprises
Succinct description of the measure:
Only Icelandic citizens and Icelandic legal entities and citizens and legal entities from another EEA Member State are allowed to own real estate in Iceland unless the ownership and use is linked to an investment in real estate pertaining to the business activity of the investor. The same applies to renting of real estate if the duration of the lease lasts for more than three years. These restrictions do not apply to a non-EEA citizen who has been residing in Iceland for at least five years. The Minister of Justice can grant exemptions from these restrictions on grounds of an application.
Sector: Fisheries
Sub-sector: Fishing, whaling
Level of Government: National
Legal source or authority of the measure:
Law No. 13/1992 on the Right to Conduct Fishing in Iceland’s Economic Zone, Law No. 34/1991 on Investment by Non-Residents in Business Enterprises, Law No. 26/1949 on Whaling
Succinct description of the measure:
Only Icelandic citizens and Icelandic legal entities under Icelandic control are allowed to fish in the Icelandic economic zone. The same applies to whaling.
Sector: Fisheries
Sub-sector: Fish Processing
Level of Government: National
Legal source or authority of the measure:
Law No. 34/1991 on Investment by Non-Residents in Business Enterprises
Succinct description of the measure:
Only Icelandic citizens and Icelandic legal entities are allowed to own and manage enterprises engaged in fish processing in Iceland. Fish processing in this context is freezing, salting, drying and any other process used to initially preserve fish and fish products, including melting and meal processing. This reservation does not apply to secondary fish processing.
Sector: Fisheries
Subsector: Fish Auctioning
Level of Government: National
Legal source or authority of the measure:
Law No. 123/1989 on the Auctioning of Fish
Succinct description of the measure:
Only Icelandic citizens and Icelandic legal entities are allowed to own and manage enterprises engaged in fish auctioning in Iceland.
Sector: Power and Energy sector
Sub-sector: -
Level of Government: National
Legal source or authority of the measure:
Not Applicable
Succinct description of the measure:
All activities in the power and energy sector shall be treated as services under this Agreement.
Appendix 3. Reservations by Liechtenstein
Sector: All sectors
Sub-sector:
Level of Government: National
Legal source or authority of the measure:
Gewerbegesetz vom 10. Dezember 1969 (Act on Commercial Law of 10 December 1969), LR (Systematic Collection of Liechtenstein Law) 930.1 and the relevant laws with regard to categories mentioned in Article 2, paragraph 1 of that Act as well as relevant Parliament or Government decisions.
Succinct description of the measure:
The establishment of a commercial presence by a juridical person (including branches) is subject to the requirement that no objection for reasons of national economy (balanced proportion of national and foreign capital; balanced ratio of foreigners in comparison with the number of resident population; balanced ratio of total number of jobs in the economy in comparison with the number of the resident population; balanced geographic situation; balanced development of the national economy, between and within the sectors) exists.
Sector: All sectors
Sub-sector:
Level of Government: National
Legal source or authority of the measure:
Gewerbegesetz vom 10. Dezember 1969 (Commercial Law Act), Personen- und Gesellschaftsrecht vom 20. Januar 1926 (Company Law), LR 216.0
Succinct description of the measure:
The establishment of a commercial presence by an individual is subject to the requirement of prior residence during a certain period of time and of permanent domicile in Liechtenstein.
He/she must possess sector specific government-recognized professional qualifications.
The establishment of a commercial presence by a juridical person (including branches) is subject to the following requirements: At least one of the managers has to fulfil the requirements of prior residence during a certain period of time and of permanent domicile in Liechtenstein. He must possess sector specific government-recognized professional qualifications. The majority of the administrators (authorized to manage and represent the juridical person) must be residents in Liechtenstein and have either to be Liechtenstein citizens or have prior residence during a certain period of time in Liechtenstein. The general and the limited partnership have to fulfil the same conditions as corporations with limited liability (juridical person). In addition the majority of the associates have to be Liechtenstein citizens or to have prior residence during a certain period of time in Liechtenstein.
The Liechtenstein company law does not prohibit joint stock companies from foreseeing in their articles of incorporation the preclusion or limitation of the transfer of registered shares.
Sector: All sectors
Subsector:
Level of Government: National
Legal source or authority of the measure: