its territory.
For greater certainty, for publicly funded research and development (R & D) projects whether partially or totally funded by any governmental entity, Chile reserves the right to adopt or impose measures, requirements, limitations or enforce commitments regarding technology transfer or for achieving a given level of R & D in its territory.
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Education
National Treatment (Investment and CBTS) Most-Favoured-Nation Treatment (Investment and CBTS) Performance Requirements (Investment)
Senior Management and Boards of Directors (Investment) Local Presence (CBTS)
Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure
relating to:
(a) investors and an investment of an investor of
another Party in education; and
(b) natural persons who supply educational services in Chile.
Subparagraph (b) includes teachers and auxiliary personnel supplying educational services in pre-school, kindergarten, special education, elementary, secondary or higher education, professional, technical or university education, and all other persons that supply services related to education, including sponsors of educational institutions of any kind, schools, lyceums, academies, training centres, professional and
technical institutes or universities.
10
Existing Measures:
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
This reservation does not apply to investors and an investment of an investor of another Party in kindergarten, pre-school, elementary or secondary private education institutions, that do not receive public resources, or to the supply of services related to second-language training, corporate, business, and industrial training and skill upgrading, which include consulting services relating to technical support, advice,
curriculum, and programme development in education.
Government Finances
National Treatment (Investment)
Investment
Chile reserves the right to adopt or maintain any measure related to the acquisition, sale or disposal by another Partyâs nationals of bonds, treasury securities or any other type of debt instruments issued by the Central Bank of Chile (Banco Central de Chile) or the Government of Chile. This entry is not intended to affect the rights of another Partyâs financial institutions (banks) established in Chile to acquire, sell or dispose of such instruments when required for the purposes of
regulatory capital.
11
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
Fisheries
Fishing related activities
National Treatment (Investment and CBTS) Most-Favoured-Nation Treatment (Investment and CBTS)
Investment and Cross-Border Trade in Services
Chile reserves 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 (terrenos de playas), water-columns (porciones de agua) and sea-bed lots (fondos marinos) for the issuance of maritime concessions. For greater certainty,
âmaritime concessionsâ do not cover aquaculture.
Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, I, HI, IV and V (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegacién Titulos I, I, Hil, IVy V)
D.F.L. 340, Official Gazette, April 6, 1960, about Maritime Concessions (D.F.L. 340, Diario Oficial, abril 6, 1960, sobre Concesiones Maritimas)
Supreme Decree 660, Official Gazette, November 28, 1988, Maritime Concession Act (Decreto Supremo 660, Diario Oficial, noviembre 28, 1988, Reglamento de Concesiones
Maritimas)
12
Supreme Decree 123 of the Ministry of Economic Affairs, Development and Reconstruction, Vice-Ministry of Fishing, Official Gazette, August 23, 2004, On Use of Ports (Decreto Supremo 123 del Ministerio de Economia, Fomento y Reconstruccion, Subsecretaria de Pesca, Diario Oficial,
agosto 23, 2004, Sobre Uso de Puertos)
13
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Article Arts and Cultural Industries Most-Favoured-Nation Treatment (Investment and CBTS)
Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any existing or future bilateral or multilateral international agreement, with respect to arts and cultural industries, such as audio-visual
cooperation agreements. For greater certainty, government supported subsidy programmes for the promotion of cultural activities are not
subject to the limitations or obligations of this Agreement.
For the purposes of this entry, âarts and cultural industriesâ
includes:
(a) books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b) recordings of movies or videos;
(c) music recordings in audio or video format;
14
Existing Measures:
(d)
(e)
(f)
(g)
printed music scores or scores readable by
machines;
visual arts, artistic photography and new
media;
performing arts, including theatre, dance and
circus arts; and
media services or multimedia.
15
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
Entertainment and Broadcasting Services
National Treatment (Investment and CBTS) Most-Favoured-Nation Treatment (Investment and CBTS)
Performance Requirements (Investment)
Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure
relating to:
(a) the organisation and presentation in Chile of concerts and musical performances;
and
(b) radio broadcasts aimed at the public in general, as well as all radio, television and cable television-related activities, satellite programming services and broadcasting
networks.
Notwithstanding the above, Chile shall extend to the persons and investors of another Party, and their investments, treatment no less favourable than that Party accords persons and investors
of Chile, and their investments.
16
Sector: Social Services
Sub-Sector:
Obligations Concerned: National Treatment (Investment and CBTS) Most-Favoured-Nation Treatment (Investment and CBTS) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment)
Local Presence (CBTS)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure with respect to the supply of public law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for reasons of public interest: income security or insurance, social security or insurance, social welfare, education, public
training, health care and child care.
Existing Measures:
17
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
Environmental Services
National Treatment (CBTS) Most-Favoured-Nation Treatment (CBTS) Local Presence (CBTS)
Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure imposing the requirement that the production and distribution of drinking water, the collection and disposal of waste water and sanitation services, such as sewage systems, waste disposal and waste water treatment may only be supplied by juridical persons incorporated under Chilean law or created in
accordance with the requirements established by Chilean law.
This entry shall not apply to consultancy services retained by
the said juridical persons.
18
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
Construction Services
National Treatment (CBTS) Local Presence (CBTS)
Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure with respect to the supply of construction services by foreign
juridical persons or legal entities.
These measures may include requirements such as residency,
registration or any other form of local presence.
19
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Transportation
International road transportation
National Treatment (Investment and CBTS) Most-Favoured-Nation Treatment (Investment and CBTS) Local Presence (CBTS)
Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure relating to the international land transportation of cargo or
passengers in border areas.
Additionally, Chile reserves the right to adopt or maintain the following limitations for the supply of international land transportation from Chile:
(a) the service supplier must be a Chilean natural or
juridical person;
(b) the service supplier must have a real and
effective domicile in Chile; and
(c) in the case of juridical persons, the service supplier must be legally constituted in Chile and more than 50 per cent of its capital stock must be owned by Chilean nationals and its effective control must be by Chilean nationals.
20
Existing Measures: