Obligations Concerned: National Treatment (Article 11.2)
Measures: Ley 17288, Diario Oficial, febrero 4, 1970, Título V Decreto Supremo 484 del Ministerio de Educación, Diario Oficial, abril 2, 1991
Description: Cross-Border Services Foreign juridical or foreign natural persons intending to perform excavations, surveys, probing, and/or collect anthropological, archeological, or paleontological material must apply for a permit from the Consejo de Monumentos Nacionales. In order to obtain the permit, the person in charge of the research must be engaged by a reliable foreign scientific institution and must be working in collaboration with a Chilean state-owned scientific institution or a Chilean university. The aforementioned permit can be granted to (1) Chilean researchers having the pertinent scientific background in archeology, anthropology, or paleontology, duly certified as appropriate, and also having a research project and due institutional sponsorship; and (2) foreign researchers, provided that they are engaged by a reliable scientific institution and that they work in collaboration with a Chilean governmental scientific institution or a Chilean university. Museum Directors or Curators acknowledged by the Consejo de Monumentos Nacionales, professional archeologists, anthropologists, or paleontologists, as appropriate, and the members of the Sociedad Chilena de Arqueología shall be authorized to perform salvage-related works. Salvage involves the urgent recovery of data or archeological, anthropological, or paleontological artifacts or species threatened by imminent loss.
Sector: Printing, Publishing, and Other Related Industries
Type of Reservation: National Treatment (Articles 10.2, 11.2) Most-Favored-Nation Treatment (Articles 10.3, 11.3) Local Presence (Article 11.5) Senior Management and Boards of Directors (Article 10.6)
Measures: Ley 19733, Diario Oficial junio4, 2001, Ley sobre las Libertades de Opinión e Información y Ejercicio del Periodismo, Títulos I y III
Description: Investment and Cross-Border Services
The owner of a social communication medium such as newspapers, magazines, 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 person, 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.
Sector: Professional, Technical, and Specialized Services Professional Services
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Measures: Ley 18.046, Diario Oficial, octubre 22, 1981, Ley de Sociedades Anónimas, Título V Decreto Supremo 587 del Ministerio de Hacienda, Diario Oficial, noviembre 13, 1982, Reglamento de Sociedades Anónimas Decreto Ley 1.097, Diario Oficial, julio 25, 1975, Títulos I, II, III, y IV Decreto Ley 3.538, Diario Oficial, diciembre 23, 1980, Títulos I, II, III, y IV Circular 2.714, octubre 6, 1992; Circular 1, enero 17, 1989; Capítulo 19 de la Recopilación Actualizada de Normas de la Superintendencia de Bancos e Instituciones Financieras sobre Auditores Externos Circulares 327, junio 29, 1983, y 350, octubre 21, 1983, de la Superintendencia de Valores y Seguros
Description: Cross-Border Services
External auditors of financial institutions must be registered in the Registry of External Auditors kept by the Superintendencia de Bancos e Instituciones Financieras and the 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 Registry.
Sector: Professional Services Legal Services
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3)
Measures: Código Orgánico de Tribunales, Título XV Decreto 110 del Ministerio de Justicia, Diario Oficial, marzo 20, 1979 Ley 18.120, Diario Oficial, mayo 18, 1982 Convenio sobre Mutuo Reconocimiento de Exámenes y de Títulos Profesionales entre Chile y Ecuador, Diario Oficial, julio 16, 1937
Description: Cross-Border Services
Only Chilean natural persons shall be authorized to practice as lawyers (abogados). Only lawyers (abogados) duly qualified to practice law shall be authorized to plead a case in Chilean courts and to file the first legal action or claim of each party. The following documents, among others, shall be drawn up solely by lawyers (“abogados”): drafting of articles of incorporation and amendments thereto; mutual termination of obligations or liquidation of corporations; liquidation of community property between spouses (sociedad conyugal); distribution of property; articles of incorporation of juridical persons, associations, water canal members (asociaciones de canalistas), and cooperatives associations (cooperativas); agreements governing financial transactions; corporate bond issuance agreements; and sponsoring applications for legal representation made by corporations and foundations. Chile has a bilateral agreement with Ecuador, whereby Ecuadorian citizens holding a lawyers degree granted by a University in Ecuador are admitted to practice as lawyers (abogado) in Chile. None of these measures apply to foreign legal consultants who practice or advise on the law of any country in which that consultant is authorized to practice as a lawyer.
Sector: Professional, Technical, and Specialized Services Auxiliary Services in the Administration of Justice
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Measures: Código Orgánico de Tribunales, Títulos XI y XII Reglamento del Registro del Conservador de Bienes Raíces, Títulos I, II, y III Ley 18.118, Diario Oficial 22 de mayo, 1982, Título I Decreto 197 del Ministerio de Economía, Diario Oficial 8 de agosto, 1985 Ley 18.175, Diario Oficial 28 de octubre, 1982, Título III
Description: Cross-Border Services
Justice ancillaries (auxiliares de justicia) must have their residence in the same city or place where the court house for which they render services is domiciled. Public defenders (defensores públicos), public notaries (notarios públicos), and custodians (conservadores) shall be Chilean natural persons and fulfill the same requirements needed to become a judge. Archivists (archiveros) and arbitrators at law (arbitros de derecho) must be lawyers and, therefore, must be Chilean natural persons. United States lawyers may assist in arbitration when dealing with U.S. law and the private parties request it. Only Chilean natural persons with the right to vote, and foreign natural persons with permanent residence and the right to vote, can act as process servers (receptores judiciales) and superior court attorneys (procuradores del número). Only Chilean natural persons, foreign natural persons with permanent residence in Chile, or Chilean juridical persons may be auctioneers (martilleros públicos). Receivers in bankruptcy (síndicos de quiebra) must have a professional or technical degree granted by a university or a I-CH-21 professional or technical institute recognized by Chile. Receivers in bankruptcy must have at least three years of experience in the commercial, economic, or juridical field.
Sector: Transportation. Air Transportation
Obligations Concerned: National Treatment (Articles 10.2, 11.2) Most-Favored-Nation Treatment (Articles 10.3, 11.3) Local Presence (Article 11.5) Senior Management and Boards of Directors (Article 10.6)
Measures: Ley 18.916, Diario Oficial, febrero 8, 1990, Código Aeronáutico, Títulos preliminar, II y III Decreto Ley 2.564, Diario Oficial, junio 22, 1979, Normas sobre Aviación Comercial Decreto Supremo 624 del Ministerio de Defensa, Diario Oficial, enero 5, 1995 Ley 16.752, Diario Oficial, febrero 17, 1968, Título II Decreto 34 del Ministerio de Defensa, Diario Oficial, febrero 10, 1968 Decreto Supremo 102 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, junio 17, 1981 Decreto supremo 172 del Ministerio de Defensa, Diario Oficial, marzo 5, 1974 Decreto Supremo 37 del Ministerio de Defensa, Diario Oficial, diciembre 10, 1991 Decreto 234 del Ministerio de Defensa, Diario Oficial, junio 19, 1971
Description: Investment and Cross-Border Services
Only a Chilean natural or juridical person may register an aircraft in Chile. A juridical person must be constituted in Chile with principal domicile and real effective seat in Chile. In addition, a majority of its ownership must be held by Chilean natural or juridical persons, which in turn must comply with the aforementioned requisites. The president, manager, majority of directors, and/or administrators of the juridical person must be Chilean natural persons. A foreign registered private aircraft engaged in non-commercial activities may not remain in Chile more than 30 days from its date of entry into Chile, unless authorized by the Dirección General de Aeronáutica Civil. For greater certainty, this measure shall not apply to specialty air services as defined in Article 11.12 (Definitions), except for glider towing and parachute jumping. In order to work as crew members on aircraft used by a Chilean aviation company, foreign aviation staff shall be required first to obtain a Chilean license with the appropriate permits enabling them to discharge the pertinent duties. Foreign aviation personnel shall be allowed to work in that capacity in Chile provided that Chilean civil aviation authorities validate the license or authorization granted by a foreign country. In the absence of an international agreement regulating such validation, the license or authorization shall be granted under conditions of reciprocity. In that case, proof shall be submitted showing that the licenses or authorizations were issued or validated by the pertinent authorities in the State where the aircraft is registered, that the documents are in force, and that the requirements for issuing or validating such licenses and authorizations meet or exceed the standards required in Chile for analogous cases. Air transportation services may be provided by Chilean or foreign companies subject to the condition that, along the routes in which they operate, foreigners grant similar rights to Chilean aviation companies when so requested. The Junta Aeronáutica Civil, by means of a substantiated resolution (resolución fundada), may terminate, suspend, or limit domestic traffic services (cabotage) or any other class of commercial aviation services carried out solely in Chilean territory by foreign companies or aircraft if in their country of origin the right to equal treatment for Chilean companies and aircraft is denied. Foreign civil aircraft not engaging in commercial transport activities or non-scheduled commercial air transport intending to enter Chilean territory, including its territorial waters, to fly over Chile, and to make stop-overs for non-commercial purposes, shall be required to notify the Dirección General de Aeronáutica Civil at least twenty-four hours in advance. Commercial traffic aircraft not operating on a regular basis shall not be allowed to carry passengers, cargo, or mail in Chilean territory without prior authorization by the Junta de Aeronáutica Civil.
Sector: Transportation. Shipping
Obligations Concerned: National Treatment (Articles 10.2, 11.2) Most-Favored-Nation Treatment (Articles 10.3, 11.3) Local Presence (Article 11.5) Senior Management and Boards of Directors (Article 10.6)
Measures: Decreto Ley 3.059, Diario Oficial, diciembre 22, 1979, Ley de Fomento a la Marina Mercante, Títulos I y II Decreto Supremo 24, Diario Oficial, marzo 10, 1986, Reglamento del Decreto Ley 3.059, Títulos I y II Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II, III, IV, y V Decreto Supremo 153, Diario Oficial, marzo 11, 1966, Aprueba el Reglamento General de Matrícula del Personal de Gente de Mar, Fluvial y Lacustre Código de Comercio, Libro III, Títulos I, IV, y V Ley 19.420, Diario Oficial, octubre 23, 1995, Establece incentivos para el desarrollo económico de las provincias de Arica y Parinacota y modifica cuerpos legales que indica, Título Disposiciones varias
Description: Investment and Cross-Border Services
Only a Chilean natural or juridical person may register a vessel in Chile. A juridical person must be constituted with principal domicile and real and effective seat in Chile. Its president, manager, and majority of the directors or administrators must be Chilean natural persons. In addition, more than 50 percent of its 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 (1) the majority of the joint ownership is Chilean with domicile and residency in Chile; (2) the administrators are Chileans; and (3) the majority of the rights of the joint ownership 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 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. Foreign natural or juridical persons must meet the following conditions: (1) domicile in Chile; (2) principal head office in the country; or (3) undertaking a profession or commercial activity in a permanent way in Chile. The maritime authority may, for reasons of national security, impose certain special restrictions on the operation of these vessels. The maritime authority may provide better treatment based on the principle of reciprocity. Foreign vessels shall be required to use pilotage, anchoring, and harbor pilotage services when the maritime authorities so require it. In tugging activities or other maneuvers performed in Chilean ports, only tugboats flying the Chilean flag shall be used. Captains shall be required to be Chilean nationals and to be acknowledged as such by the pertinent authorities. Officers on Chilean vessels must be Chilean natural persons registered in the Officers’ Registry (Registro de oficiales). Crewmembers of a Chilean vessel must be Chilean, have the permit granted by the Maritime Authority, and be registered in the respective Registry. Professional titles and licenses granted by a foreign country shall be considered valid for the discharge of officers' duties on national vessels pursuant to a substantiated resolution (resolución fundada) issued by the Director. Ship captains (patrón de nave) shall be Chilean nationals. The ship captain is the natural person who, pursuant to the corresponding title awarded by the Director, is empowered to exercise command on smaller vessels and on certain special larger vessels. Only Chilean nationals, or foreigners with domicile in Chile, shall be authorized to act as fishing boat captains (patrones de Pesca), machinists (mecánicos-motoristas), machine operators (motoristas), sea-faring fishermen (marineros pescadores), smallscale fishermen (pescadores), industrial or maritime trade technical employees or workers, and industrial and general ship service crews on fishing factories or fishing boats when so requested by ship operators (armadores) in order to initiate such work. In order to fly the national flag, the ship captain (patrón de nave), its officers, and crew must be Chilean nationals. Nevertheless, the Dirección General del Territorio Marítimo y de Marina Mercantea, on the basis of a substantiated resolution (resolución fundada), may authorize the hiring of foreign personnel, on a temporary basis if essential, with the exception of the captain, who, at all times, must be a Chilean national. Only a Chilean natural or juridical person shall be authorized to work in Chile as a multimodal operator. Cabotage shall be reserved for Chilean vessels. Cabotage shall include the ocean, river, or lake shipping of passengers and cargo between different points of the national territory and between such points and naval artifacts installed in territorial waters or in the exclusive economic zone. Foreign merchant vessels may be able to participate in cabotage when cargo volumes exceed 900 tons, following a public tender called by the user with due anticipation. When the cargo volumes involved are equal to or less than 900 tons, and no vessels flying the Chilean flag are available, the Maritime Authority shall authorize embarking such cargo on foreign merchant vessels. The reservation of coastal trade to Chilean vessels shall not apply in the event of cargo coming from or destined for ports located in the Province of Arica. In the event that Chile should adopt, for reasons of reciprocity, a cargo reservation measure applicable to international cargo transportation between Chile and a non-Party, the reserved cargo shall be transported in Chilean-flag vessels or in vessels considered as such.
Sector: Transportation. Shipping
Obligations Concerned: National Treatment (Articles 10.2, 11.2) Local Presence (Article 11.5) Senior Management and Boards of Directors (Article 10.6)
Measures: Código de Comercio, Libro III, Títulos I, IV y V Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II, y IV Decreto 90 del Ministerio del Trabajo y Seguridad Social, Diario Oficial, enero 21, 2000 Decreto 49 del Ministerio del Trabajo y Seguridad Social, Diario Oficial, julio 16, 1999 Código del Trabajo, Libro I, Título II, Capítulo III, párrafo 2º
Description: Investment and Cross-Border Services
Shipping agents or representatives of ship operators, owners, or captains, whether they are natural or juridical persons, shall be required to be Chilean nationals. Work of stowage and dockage performed by natural persons is reserved to Chileans who are duly accredited by the corresponding authority to carry out such work and have an office established in Chile. Whenever these activities are carried out by juridical persons, they must be legally constituted in the country and have their principal domicile in Chile. The chairman, administrators, managers, or directors must be Chilean. At least 50 percent of the corporate capital must be held by Chilean natural or juridical persons. Such enterprises shall designate one or more empowered agents, who will act in their representation and who shall be Chilean nationals. Harbor workers shall pass a basic course on harbor security in a Organismo Técnico de Ejecución authorized by the National Service of Training and Employment, according to the norms established in the respective regulation. Anyone unloading, transshipping, and, generally, using continental or insular Chilean ports, particularly for landing fish catches or processing fish catches on board, shall also be required to be a Chilean natural or juridical person.
Sector: Transportation. Land Transportation
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Local Presence (Article 11.5)
Measures: Decreto Supremo 212 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, noviembre 21, 1992 Decreto 163 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, enero 4, 1985 Decreto Supremo 257 del Ministerio de Relaciones Exteriores, Diario Oficial, octubre 17, 1991
Description: Cross-Border Services
Land transportation service providers shall register in the National Registry by submitting an application to the Regional Secretary of Transportation and Telecommunications. In the case of urban services, applicants shall submit the application to the Regional Secretary responsible for the area in which the service is to be provided and, in the case of rural and interurban services, in the region where the applicant is domiciled. The application shall provide the detailed information required by law, attaching thereto, among other documents, a properly certified photocopy of the National Identity Card and, in the case of juridical persons, the public instruments accrediting its constitution, name, and domicile of its legal representative and documents evidencing such capacity. Foreign natural and juridical persons qualified to provide international transportation services in Chilean territory cannot provide local transportation services or participate in any manner whatsoever in said activities in the national territory. Only companies with actual and effective domicile in Chile and organized under the laws of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay, or Paraguay shall be authorized to provide international land transportation services between Chile and Argentina, Bolivia, Brazil, Peru, Uruguay, and Paraguay. Furthermore, to obtain an international land transport permit, in the case of foreign juridical persons, more than 50 percent of its corporate capital and effective control shall be held by nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay, or Paraguay.
Sector: Transportation. Land Transportation
Type of Reservation: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3)
Measures: Ley 18290, Diario Oficial, febrero 7, 1984, Título IV Decreto Supremo 485 del Ministerio de Relaciones Exteriores, Diario Oficial, septiembre 7, 1960, Convención de Ginebra
Description: Cross-Border Services
Motor vehicles bearing foreign license plates that enter the country on a temporary basis, pursuant to provisions set forth in the 1949 Geneva Convention on Road Traffic, shall circulate freely throughout the national territory for the period established therein, provided that they comply with the requirements established by Chilean law. Holders of valid international driving licenses or certificates issued in a foreign country in accordance with the Geneva Convention may drive anywhere within the national territory. The driver of a vehicle bearing foreign license plates who holds an international driver’s license shall present, upon request by the authorities, the documents certifying both the roadworthiness of the vehicle and the use and validity of his or her personal documents.
Annex II. Services/Investment Non-Conforming Measures
1. The Schedule of a Party sets out, pursuant to Articles 10.7 (Investment – Non- Conforming Measures) and 11.6 (Cross-Border Trade in Services – Non-Conforming Measures), the specific sectors, subsectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 10.2 or 11.2 (National Treatment);
(b) Article 10.3 or 11.3 (Most-Favored-Nation Treatment);
(c) Article 11.5 (Local Presence);
(d) Article 10.5 (Performance Requirements);
(e) Article 10.6 (Senior Management and Boards of Directors); or
(f) Article 11.4 (Market Access).
2. Each annex entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 10.7(2) and 11.6(2), do not apply to the sectors, subsectors, or activities listed in the entry;
(c) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(d) Existing Measures identifies, for transparency purposes, existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. In accordance with Article 10.7(2) and 11.6(2), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
4. For greater certainty, Article 11.4 refers to non-discriminatory measures.
Annex II. Schedule of United States
Sector: Communications
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.3, 11.3)
Description: Investment and Cross-Border Services
The United States reserves the right to adopt or maintain any measure that accords differential treatment to persons of other countries due to application of reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access, or national treatment with respect to the one-way satellite transmission of direct-to-home (DTH) and direct broadcasting satellite (DBS) television services and digital audio services
Sector: Social Services
Obligations Concerned: National Treatment (Articles 10.2, 11.2) Most-Favored-Nation Treatment (Articles 10.3, 11.3) Local Presence (Article 11.5) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)
Description: Investment and Cross-Border Services The United States reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.
Sector: Minority Affairs
Obligations Concerned: National Treatment (Articles 10.2, 11.2) Local Presence (Article 11.5) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)
Description: Investment and Cross-Border Services
The United States reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities, including corporations organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act.
Existing Measures: Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601 et seq.
Sector: Transportation
Obligations Concerned: National Treatment (Articles 10.2, 11.2) Most-Favored-Nation Treatment (Articles 10.3, 11.3) Local Presence (Article 11.5) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)
Description: Investment and Cross-Border Services
The United States reserves the right to adopt or maintain any measure relating to the provision of maritime transportation services and the operation of U.S.-flagged vessels, including the following: (a) requirements for investment in, ownership and control of, and operation of vessels and other marine structures, including drill rigs, in maritime cabotage services, including maritime cabotage services performed in the domestic offshore trades, the coastwise trades, U.S. territorial waters, waters above the continental shelf, and in the inland waterways; (b) requirements for investment in, ownership and control of, and operation of U.S.-flagged vessels in foreign trades; (c) requirements for investment in, ownership or control of, and operation of vessels engaged in fishing and related activities in U.S. territorial waters and the Exclusive Economic Zone; (d) requirements related to documenting a vessel under the U.S. flag; (e) promotional programs, including tax benefits, available for shipowners, operators, and vessels meeting certain requirements; (f) certification, licensing, and citizenship requirements for crew members on U.S.-flagged vessels; (g) manning requirements for U.S.-flagged vessels; (h) all matters under the jurisdiction of the Federal Maritime II-US-5 Commission; (i) negotiation and implementation of bilateral and other international maritime agreements and understandings; (j) limitations on longshore work performed by crew members; (k) tonnage duties and light money assessments for entering U.S. waters; and (l) certification, licensing, and citizenship requirements for pilots performing pilotage services in U.S. territorial waters. The following activities are not included in this reservation: (a) For investment and cross border services: (i) vessel repair services; and (ii) the following port-related activities: operation and maintenance of docks; operation and maintenance of piers; ship and boat cleaning; canal operation; dismantling of vessels; operation of marine railways for drydocking; marine surveyors, except cargo; marine wrecking of vessels for scrap; and ship classification societies. (b) For investment: (i) loading and unloading of vessels directly to or from land; (ii) marine cargo handling; (iii) transfer of cargo between vessels and trucks, trains, pipelines, and wharves; and (iv) waterfront terminal operations.
Existing Measures: Merchant Marine Act of 1920, §§ 19 and 27, 46 App. U.S.C. § 876 and § 883 et seq. Jones Act Waiver Statute, 64 Stat 1120, 46 U.S.C. App., note II-US-6 preceding Section 1 Shipping Act of 1916, 46 U.S.C. App. §§ 802 and 808 Merchant Marine Act of 1936, 46 U.S.C. App. §§ 1151 et seq., 1160-61, 1171 et seq., 1241(b), 1241-1, 1244, and 1271 et seq. Merchant Ship Sales Act of 1946, 50 U.S.C. App. § 1738 46 App. U.S.C. §§ 121, 292, and 316 46 U.S.C. §§ 12101 et seq. and 31301 et seq. 46 U.S.C. §§ 8904 and 31328(2) Passenger Vessel Act, 46 App. U.S.C. § 289 42 U.S.C. §§ 9601 et seq.; 33 U.S.C. §§ 2701 et seq.; 33 U.S.C. §§ 1251 et seq. 46 U.S.C. §§ 3301 et seq., 3701 et seq., 8103, and 12107(b) Shipping Act of 1984, 46 App. U.S.C. §§ 1708 and 1712 The Foreign Shipping Practices Act of 1988, 46 App. U.S.C. § 1710a Merchant Marine Act, 1920, 46 App. U.S.C. §§ 861 et seq. Shipping Act of 1984, 46 App. U.S.C. §§1701 et seq. Alaska North Slope, 104 Pub. L. 58; 109 Stat. 557 Longshore restrictions and reciprocity, 8 U.S.C. §§ 1101 et seq. Vessel escort provisions, Section 1119 of Pub. L. 106-554, as amended Nicholson Act, 46 App. U.S.C. § 251 Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, 46 U.S.C. § 2101 and 46 U.S.C. § 12108 43 U.S.C. § 1841 22 U.S.C. § 1980 Intercoastal Shipping Act, 46 U.S.C. App. § 843 46 U.S.C. § 9302, 46 U.S.C. § 8502; Agreement Governing the Operation of Pilotage on the Great Lakes, Exchange of Notes at Ottawa, August 23, 1978, and March 29, 1979, TIAS 9445 Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801 et seq. 19 U.S.C. § 1466 North Pacific Anadramous Stocks Convention Act of 1972, P.L. 102-587; Oceans Act of 1992, Title VII Tuna Convention Act, 16 U.S.C. §§ 951 et seq. South Pacific Tuna Act of 1988, 16 U.S.C. §§ 973 et seq. Northern Pacific Halibut Act of 1982, 16 U.S.C. §§ 773 et seq. Atlantic Tunas Convention Act, 16 U.S.C. §§ 971 et seq. Antarctic Marine Living Resources Convention Act of 1984, 16 U.S.C. §§ 2431 et seq. Pacific Salmon Treaty Act of 1985, 16 U.S.C. §§ 3631 et seq. American Fisheries Act, 46 U.S.C. § 12102(c) and 46 U.S.C. § 31322(a)
Sector: All
Obligations Concerned: Market Access (Article 11.4)
Description: Investment and Cross-Border Services
The United States reserves the right to adopt or maintain any measure that is not inconsistent with the United States’ obligations under Article XVI of the General Agreement on Trade in Services. II-US-8 Sector: All Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.3, 11.3)
Description: Investment and Cross-Border Services
The United States reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. The United States reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: (a) aviation; (b) fisheries; or (c) maritime matters, including salvage.
Annex II. Schedule of Chile
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.2) Most-Favored-Nation Treatment (Article 10.3)
Description: Investment
Chile reserves the right to adopt or maintain any measure relating to the ownership or control of land within five kilometers of the coastline that is used for agricultural activities. Such measures could include a requirement that the majority of each class of stock of a Chilean juridical person that seeks to own or control such land be held by Chilean persons or by persons residing in Chile for 183 days or more per year.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.2) Senior Management and Boards of Directors (Article 10.6)
Description: Investment
In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of said interest or asset and on the right of foreign investors or their investments to control any State company created thereby or investments made by the same. In connection with any such transfer or disposal, Chile may adopt or maintain any measure related to the nationality of senior management and members of the Board of Directors. A “State company” shall mean any company owned or controlled by Chile by means of an interest share in the ownership thereof, and it shall include any company created after the effective date of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state enterprise or governmental entity.
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.3, 11.3)
Description: Investment and Cross-Border Services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: (a) aviation; (b) fisheries; or (c) maritime matters, including salvage.
Sector: Communications One-way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services, or direct audio broadcasting, and supplementary telecommunication services.
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Local Presence (Article 11.5)
Description: Cross-Border Services
Chile reserves the right to adopt or maintain any measure related to cross-border trade in one-way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services, or direct audio broadcasting, and supplementary telecommunication services. Existing Measure: Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones
Sector: Communications One-way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services, or direct audio broadcasting, and supplementary telecommunication services.
Obligations Concerned: National Treatment (Article 10.2) Most-Favored-Nation Treatment (Article 10.3) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)
Description: Investment
Chile reserves the right to adopt or maintain any measure related to the investors or to the investments of investors of the United States in one-way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services, or direct audio broadcasting, and supplementary telecommunication services. Existing Measure: Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones
Sector: Issues Involving Minorities
Obligations Concerned: National Treatment (Articles 10.2, 11.2) Most-Favored-Nation Treatment (Articles 10.3, 11.3) Local Presence (Article 11.5) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)
Description: Cross-Border Services and Investment
Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.
Sector: Issues Involving Indigenous Peoples
Obligations Concerned: National Treatment (Articles 10.2, 10.3) Most-Favored-Nation Treatment (Articles 10.3, 11.3) Local Presence (Article 11.5) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.5)
Description: Investment and Cross-Border Services
Chile reserves the right to adopt or maintain any measure denying investors of the United States and their investments or service providers of the United States any rights or preferences provided to indigenous peoples.
Sector: Education
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Local Presence (Article 11.5)
Description: Cross-Border Services Chile reserves the right to adopt or maintain any measure relating to natural persons who render educational services, including teachers and auxiliary personnel rendering educational services in elementary education, kindergarten, pre-school, special education, primary and high school education, professional, technical, and university education, including educational establishments of any kind as well as sponsors of educational establishments, schools, lyceums, academies, training centers, professional and technical institutes, and/or universities. This reservation does not apply to the provision of services related to second-language training, corporate, business, and industrial training and skill upgrading, which includes consulting services relating to technical support, advice, curriculum, and program development in education.
Sector: Government finances
Obligations Concerned: National Treatment (Article 10.2)
Description: Investment
Chile reserves the right to adopt or maintain any measure related to the acquisition, sale, or disposal by United States nationals of bonds, treasury securities, or any other type of debt instruments issued by the Central Bank or the Government of Chile. This non-conforming measure is not intended to affect the rights of U.S. financial institutions (banks) established in Chile to acquire, sell, or dispose of such instruments when required for purposes of regulatory capital.
Sector: Fisheries Fishing-Related Activities
Obligations Concerned: National Treatment (Articles 10.2, 11.2) Most-Favored-Nation Treatment (Articles 10.3, 11.3)
Description: Investment and Cross-Border Services
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 (terrenos 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.
Existing Measures: Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación Decreto con Fuerza de Ley 340, Diario Oficial, abril 6, 1960, sobre Concesiones Marítimas Decreto Supremo 660, Diario Oficial, noviembre 28, 1988, Reglamento de Concesiones Marítimas