(b) be chosen strictly on the basis of their objectivity, reliability and good judgment;
(c) be independent, not be bound and not receive instructions from the government of any of the Parties; and
(d) comply with the code of conduct outlined in the Rules of Procedure referred to in the Appendix to this Annex.
6. In the event of resignation, incapacity or death of any of the arbitrators appointed in accordance with this Article, a successor shall be appointed within fifteen (15) days in accordance with the designation procedure provided for in paragraphs 2, 3 And 4, which will be applied respectively mutatis mutandis. The successor shall have all the authority and the same obligations as the original arbitrator. The procedure of the arbitral tribunal shall be suspended from the date on which the original arbitrator resigns, becomes incapacitated or dies and resumes on the date on which the successor is appointed.
7. In the event of the situations provided for in Articles 9, 10.3 and 11.2 of this Annex, when the arbitral tribunal can not be constituted with the original members, the procedure provided for in paragraphs 2, 3 and 4 shall be applied to complete its integration.
6. Procedures of Arbitral Tribunals
1. The arbitral tribunal shall meet behind closed doors.
2. The Parties shall have the opportunity to provide at least one written submission and to witness any of the submissions, statements or replies during the proceedings. Any information or written submission submitted by a Party before the arbitral tribunal and the answers to the questions of the arbitral tribunal shall be made available to the other Party.
3. The arbitral tribunal shall consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory solution.
4. Subject to such terms and conditions as the Parties may agree upon within ten (10) days thereafter, the arbitral tribunal may seek information from any relevant source and consult experts to seek its opinion or advice on Aspects of the matter. The arbitral tribunal shall provide the Parties with a copy of any opinion or advice obtained, giving the opportunity for comment.
5. The deliberations of the arbitral tribunal and the documents delivered shall be confidential.
6. Notwithstanding paragraph 5, any Party may make public statements of its views in the dispute, but shall treat as confidential the information and written submissions submitted by the other Party to the arbitral tribunal it has qualified as confidential.
7. Suspension or Termination of Proceedings
1. The parties may agree to suspend arbitration at any time for a period not exceeding twelve (12) months from the date of the joint communication to the arbitral tribunal's president, interrupting the computation of the terms by the arbitrator. For such suspension. If the arbitration procedure is suspended for more than twelve (12) months, the proceeding initiated shall be terminated unless the parties agree otherwise.
2. The Parties may agree to terminate the arbitral proceedings by joint notification to the arbitral tribunal president at any time prior to the notification of the arbitral award to the Parties.
8. Arbitral Award
1. The arbitral tribunal shall issue its award in writing within a period of one hundred and twenty (120) days from its establishment, which may be extended for a maximum of thirty (30) days, after notifying the Parties.
2. The arbitral award shall be adopted by a majority, shall be substantiated and subscribed by the members of the arbitral tribunal. The aforementioned award shall include the grounds for any dissenting vote, without disclosing which arbitrators are associated with majority or minority opinions.
3. Without prejudice to other elements that the arbitral tribunal considers pertinent, the arbitral award must necessarily contain a descriptive part, summarizing the submissions and arguments of the parties, and the grounds and conclusions of the arbitral tribunal.
4. Arbitral awards are final, unappealable and binding on the Parties.
5. The arbitration award shall be made available to the public within fifteen (15) days following the date of issue, subject to the requirement to protect confidential information.
9. Clarification and Interpretation of the Arbitral Award
1. Notwithstanding the provisions of Article 8.4, either party may request the arbitral tribunal, within fifteen (15) days following the notification of the arbitral award, to clarify or interpret it.
2. The arbitral tribunal shall rule within fifteen (15) days following such request.
3. If the arbitral tribunal considers that the circumstances so require, it may suspend compliance with the award until it decides on the application submitted.
10. Compliance with the Arbitral Award
1. Unless the Parties otherwise agree, the Party complained against shall comply with the arbitration award immediately, or if this is not practicable, within a reasonable period of time agreed by the Parties. When the parties fail to reach an agreement within a reasonable time within thirty (30) days following the date of issuance of the arbitral award, the arbitral tribunal shall determine such reasonable time.
2. The Parties shall continue to consult at all times on the possible development of a mutually satisfactory solution.
3. Where there is a disagreement between the Parties as to whether the Party complained against has complied with the arbitral award within the reasonable period of time determined in accordance with paragraph 1, either Party may refer the matter to the arbitral tribunal in accordance with Article 5.7.
11. Non-compliance with the Arbitral Award
1. If, within the period established in Article 10, the arbitration award has not been complied with, the complaining Party may temporarily suspend equivalent obligations under the Agreement, with a view to obtaining compliance with the award.
2. If the Party complained of considers that the suspension of obligations referred to in paragraph 1 is excessive, it may request the arbitral tribunal in accordance with Article 5.7 to rule on whether the measure adopted is equivalent to the degree of prejudice suffered, Having for this purpose a term of thirty (30) days counted from its establishment.
12. Costs and Fees of Proceedings
1. Each Party shall bear the expenses and fees incurred by the arbitrator appointed by it, including any arbitrators appointed by the Secretary-General of ALADI, in accordance with Article 5.4, when a Party has not designated an arbitrator. The expenses and fees of the president of the arbitral tribunal, as well as the notifications and other expenditures required by the arbitration, shall be borne in equal amounts by the Parties.
2. The expenses of the arbitrators include the expenses of tickets, transportation costs and per diem.
3. The fees of the president of the arbitral tribunal shall be agreed by the Parties and agreed with the same within a period that may not exceed five (5) days following their appointment.
13. Rules of Procedure
The rules of procedure contained in the Appendix to this Annex contain the details of the arbitration procedure. Unless otherwise agreed by the Parties, the arbitral tribunal shall follow such rules of procedure and may, after consultation with the Parties, adopt additional rules of procedure.
14. Application and Modification of Rules and Procedures
Any terms or other rules and procedures for the arbitral tribunals contained in this Annex, including the Rules of Procedure set out in the Appendix to this Annex, may be amended by mutual consent of the Parties. The Parties may also agree at any time not to apply any provision of this Annex.
Appendix to Annex F. Rules of procedure of the arbitral tribunals
Application
1. These Rules of Procedure are established in accordance with Article 13 of Annex F of this Agreement and will apply to arbitration tribunals established in accordance with Article 3 of said Annex, unless the Parties agree otherwise.
Definitions
2. In these Rules of Procedure:
(a) arbitrator means an arbitrator of an arbitral tribunal appointed in accordance with Article 5 of Annex F;
(b) assistant referee means a person who conducts investigations for or provides support to a referee;
(c) day means calendar days;
(d) document includes any written material related to the arbitration procedure, either in print or electronically;
(e) delivering means communicating a document to the other Party and to the arbitral tribunal, using electronic means when possible;
(f) legal holiday means every Saturday and Sunday and any other day designated by a Party as a holiday in accordance with its laws and regulations and notified by that Party to the other Party;
(g) president of the arbitral tribunal means the third arbitrator mentioned in Article 5 of Annex F;
(h) Parties means the Parties to the Agreement;
(i) Party means a Party to the Agreement;
(j) Reclaimed Party means the Party that is not the complaining Party;
(k) Complaining Party means the Party requesting the establishment of an arbitral tribunal, in accordance with Article 3 of Annex F;
(l) procedure means a procedure of an arbitral tribunal;
(m) representatives of a Party means the officials of the government of a Party or other personnel authorized by a Party to represent it; and
(n) arbitral tribunal means an arbitral tribunal established in accordance with Article 3 of Annex F;
Arbitrator's Code of Conduct
3. In accordance with Article 5.5 (d) of Annex F, the arbitrators and the assistant arbitrators must comply with the Code of Conduct for arbitrators established in the Understanding Regarding the Rules and Procedures that govern the Settlement of Disputes. of the WTO Agreement. Any person designated to serve as an arbitrator or assistant arbitrator shall receive from the Parties a copy of these Rules of Procedure and the Code of Conduct as soon as they are appointed.
4. If the Parties agree that an arbitrator has not complied with the Code of Conduct, in accordance with Article 5.5 (d) of Annex F, they may remove the arbitrator or request the arbitrator to take the measures, within a period of time. determined, to remedy the violation. If the Parties decide that, after the measures taken to remedy it, the violation has ceased, the arbitrator may continue with his services.
Written Presentations and other Documents
5. A Party shall deliver a copy of each of its written submissions and any other documents to the other Party and to the arbitral tribunal.
6. The complaining Party must deliver its initial written presentation within fifteen (15) days following the date of establishment of the arbitral tribunal. The Party complained against must submit its written response within thirty (30) days following the date of receipt of the initial written submission of the complaining Party.
7. Written submissions and other documents will be delivered electronically when possible.
8. Minor errors of a typing or form nature, in written submissions or other documents, may be corrected by the delivery of a new document that clearly indicates what the changes were .
9. If the last day for the delivery of a document falls on a legal holiday of one of the Parties or on any other day in which the government offices of one of the Parties are officially closed or due to force majeure, the document may be delivered the next business day.
Functioning of the Arbitral Tribunal
10. The president of the arbitral tribunal shall preside at all meetings. The arbitral tribunal may delegate to the President the authority to make administrative or procedural decisions.
11. Unless otherwise provided in these Rules or in Annex F, the arbitral tribunal may perform its functions by any means, including telephone, fax or computer link.
12. The arbitral tribunal may allow assistant arbitrators, interpreters or translators to be present during its deliberations. The members of the arbitral tribunal and the persons employed by it shall maintain the confidentiality of the deliberations of the arbitral tribunal and of any information that is protected.
13. The arbitral tribunal may request the Parties all the information it deems necessary. The Parties shall respond within ten (10) days to any request by the arbitral tribunal for such information.
14. When a procedural doubt arises that is not covered by these Rules, the arbitral tribunal may adopt the corresponding additional procedural rule , provided that it is not incompatible with Annex F or these Rules.
Hearings
15. The President will set the date and time of the hearing in consultation with the Parties and the other members of the arbitral tribunal.
16. Unless the Parties agree otherwise, the hearings will be held alternately in Santiago and Montevideo, with the first hearing being held in the territory of the claimed Party. The Party in whose capital the hearing is held shall be responsible for making administrative arrangements for the hearing.
17. The arbitral tribunal may call additional hearings, if the Parties so agree.
18. All arbitrators must be present at the hearings.
19. The representatives of a Party and the assistant arbitrators may attend the hearings.
20. Each Party shall submit to the arbitral tribunal a list with the names of the persons who will orally present the arguments or make presentations on behalf of that Party and other representatives who attend the hearing, no later than five (5) days before the date of the hearing.
21. The hearing will be conducted by the arbitral tribunal in the following manner, ensuring that the complaining Party and the complaining Party are granted the same amount of time :
Oral Pleadings
(a) argument of the complaining Party.
(b) allegation of the claimed Party.
Oral Rebuttal
(c) Reply of the complaining Party.
(d) Rejoinder of the claimed Party.
22. The arbitral tribunal may direct questions to either Party at any time during the hearing.
23. Within ten (10) days following the date of the hearing, each Party may submit a supplementary written presentation answering any issue that arises during the hearing.
Ex Parte Contacts
24. The arbitral tribunal shall not meet or have contact with one Party in the absence of the other Party.
25. No arbitrator may discuss any aspect of the substantive matters of the proceedings with one or both Parties, in the absence of the other arbitrators.
Language
26. Unless the Parties agree otherwise, the proceedings of the arbitral tribunal will be conducted in Spanish. The foregoing applies to oral and written presentations.
27. The arbitration award will be issued in Spanish.
Calculation of the terms
28. When something is required to be done under Schedule F or these Rules, or when the arbitral tribunal requires something to be done, within a number of days after or before a specific date or event , the specified date or The date the specific event occurs will not be included in the calculation of the number of days.
29. When a Party receives a document on a date other than that on which the other Party receives the same document, any period that depends on said receipt shall be calculated from the date of receipt of the last of those documents.
Enforcement Arbitral Tribunals
30. These rules will apply to an arbitration tribunal established in accordance with Article 5.7 of Annex F, with the following exceptions:
(a) A Party requesting the establishment of an arbitral tribunal shall deliver its initial written presentation to the other Party within ten (10) days following the date of the reestablishment of the arbitral tribunal, or, if it is not possible to have the same arbitrators, within five (5) days following the date on which the last arbitrator is appointed, and ;
(b) the other Party must deliver its written answer within twenty (20) days following the date of delivery of the initial written presentation.
(c) Upon agreement between the Parties, the arbitral tribunal may decide not to hold hearings.
Annex i
1. A Party's list indicates, in accordance with Article 9, the existing stockings of a Party that are not subject to some or all of the obligations imposed by:
(a) Article 3 (National treatment);
(b) Article 4 (Most Favoured Nation Treatment);
(c) Article 7 (Performance Requirements); or
(d) Article 8 (Senior Executives and Boards).
2. Each schedule provides for the following elements:
(a) Sector refers to the sector for which the fiche has been made
(b) Obligation(s) concerned specifies the obligation(s) mentioned in paragraph 1 which, by virtue of Article 9, shall not be applies to the measure(s) listed;
(c) Measures identifies the law, regulation or other measure for which the file has been made. A measure cited in the element Measurements:
(i) means the amended, continued, or renewed measure from the date of entry into force of this Agreement, and
(ii) includes any subordinate measure, adopted or maintained under the authority of and consistent with such measure;
(e) Description provides a general description of the Measures, not a binding description of the measure that triggers the listing.
3. In accordance with Article 8, the Articles of this Agreement specified in the Obligations Affected element of a Schedule do not apply to non-conforming aspects of the law, regulation or other measure identified in the Measures element of that Schedule.
List of Chile
Sector: All sectors
Obligations affected: National treatment (Article 3)
Measures: Decree Law 1939, Official Gazette, November 10, 1977, Rules on the acquisition, administration and disposal of State assets, Title I Decree with Force of Law 4 of the Ministry of Foreign Affairs, Official Gazette, November 10, 1967
Description: The property or any another type of right on "State lands" can only be obtained by Chilean natural or legal persons, unless the corresponding legal exceptions are applied, such as in Decree-Law 1939, State Lands for these Purposes include state-owned land up to a distance of 10 kilometres from the borderline and up to a distance of 5 kilometres from the coast.
Real property located in areas declared "border zone" by virtue of Decree with Force of Law 4, of 1967, of the Ministry of Foreign Affairs, cannot be acquired in domain or any other title by (1) natural persons with nationality of border countries , (2) legal entities with their headquarters in a bordering country, (3) legal entities with forty percent (40%) or more of their capital belonging to natural persons with nationality of bordering countries, or (4) legal entities whose effective control is exercised by such natural persons. Notwithstanding the foregoing, said limitation may be exempted by Supreme Decree of the President of the Republic based on reasons of national interest.
Sector: Communications
Obligations affected: National treatment (Article 3) Most favored nation treatment (Article 4) Performance requirements (Article 7) Senior executives and boards (Article 8)
Measures: Law 18.838, Official Gazette, September 30, 1989, Council National Television, Titles I, II and II Law 18,168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II and III Law 19,733, Official Gazette, June 4, 2001, Law on Freedom of Opinion and Information and Exercise of Journalism, Titles I and III
Description: The owner of a social communication medium, such as image and sound transmissions or a national news agency, in the case of being a natural person must have an address duly established in Chile and, in the case of being a legal person must be established with domicile in Chile, or have an agency authorized to operate within the national territory. Only Chileans can be presidents, administrators or legal representatives of the legal person. In the case of freely received sound broadcasting services, the board may include foreigners only if they do not constitute the majority of the members of the directory. The legally responsible director and the person who replaces him must be Chilean with domicile and residence in Chile. The applications to obtain a free reception sound broadcasting concession, presented by a legal entity in which more than ten per cent (10%) of its share capital is in the hands of foreigners will be granted only if it is previously proven that the Chilean nationals are granted similar rights and obligations in the applicant's country of origin that the applicant will enjoy in Chile. The National Television Council may set a general requirement of up to forty per cent (40%) of Chilean production in programs broadcast by free-reception television broadcast service channels. Only legal persons under public or private law, incorporated in Chile and domiciled in the country, may be holders of permits for limited sound broadcasting telecommunications services or make use of them. Presidents, managers or legal representatives must be Chilean. Only legal persons under public or private law, incorporated in Chile and domiciled in the country, may be holders of limited permits for cable or microwave television services, or make use of them, in any capacity. The presidents, directors, managers, administrators and legal representatives of the legal entity will be Chilean.
Sector: Energy
Obligations affected: National treatment (Article 3) Performance requirements (Article 7)
Measures: Political Constitution of the Republic of Chile, Chapter III Law 18.097, Official Gazette, January 21, 1982, Organic Constitutional Law on Mining Concessions, Titles I, II and III Law 18,248, Official Gazette, October 14, 1983, Mining Code, Titles I and II Law 16,319, Official Gazette, October 23, 1965, creates the Chilean Nuclear Energy Commission, Titles I, II and III
Description: The exploration, exploitation and benefit of liquid or gaseous hydrocarbons, deposits of any type existing in maritime waters subject to national jurisdiction and those located totally or partially in certain areas of importance for national security with mining effects, whose qualification will be made exclusively and by law, they may be subject to administrative concessions or special operating contracts, with the requirements and under the conditions that the President of the Republic establishes, in each case, by Supreme Decree. For greater certainty, it is understood that the term benefit does not include the storage, transportation or refinement of the energy material referred to in this paragraph. The production of nuclear energy for peaceful purposes may only be carried out by the Chilean Nuclear Energy Commission or, with its authorization, jointly with third parties. If the Commission determines that it is advisable to grant such authorization, it must determine its conditions.
Sector: Mining Obligations affected: National treatment (Article 3) Performance requirements (Article 7) Measures: Political Constitution of the Republic of Chile, Chapter III Law 18.097, Official Gazette, January 21, 1982, Constitutional Organic on Mining Concessions, Titles I, II and III Law 18,248, Official Gazette, October 14, 1983, Mining Code, Titles I and III Law 16,319, Official Gazette, October 23, 1965, creates the Chilean Nuclear Energy Commission, Titles I, II and III
Description: The exploration, exploitation and the benefit of lithium, deposits of any type existing in maritime waters subject to national jurisdiction and deposits of any species located totally or partially in certain areas of importance for national security with mining effects, whose qualification will be made exclusively by law, p It will be subject to administrative concessions or special operating contracts, with the requirements and under the conditions that the President of the Republic establishes, in each case, by Supreme Decree. Chile has, at the usual market price and modalities, the right of the first purchase option for mining products originating from farms developed in the country in which thorium or uranium have a significant presence. For greater certainty, Chile may require that producers separate from mining products the portion of (1) liquid or gaseous hydrocarbons; (2) lithium; (3) deposits of any species existing in maritime waters subject to national jurisdiction; and (4) deposits of any kind wholly or located partially in certain areas of importance to the national security with mining effects, which qualification shall be made by law, which are present in significant amounts in such products and which may economically and technically separated for its delivery or sale in the name of the State. For these purposes, the economic and technical separation implies that the costs incurred in the recovery of the four substances mentioned above, through an appropriate technical procedure, and in their marketing and delivery, must be less than their commercial value. Natural atomic materials and extracted lithium, as well as concentrates, derivatives and compounds thereof, may not be subject to any legal act, except when they are executed or concluded by the Chilean Nuclear Energy Commission, with it or with its prior authorization. If the Commission determines that it is advisable to grant such authorization, it must determine its conditions.
Sector: Fishing
Obligations affected: National treatment (Article 3) Measures: Law 18,892, Official Gazette, January 21, 1992, General Law of Fisheries and Aquaculture, Titles I and VI Description: A concession or land authorization of use of beaches, is required of beaches, portions of water and seabed to carry out aquaculture activities. Only Chilean natural persons or legal entities constituted according to Chilean and foreign laws that have permanent residence may be holders of authorization or concession to carry out aquaculture activities.
Sector: Fishing Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4) Senior executives and boards (Article 8)
Measures: Law 18,892, Official Gazette, January 21, 1992, General Law on Fisheries and Aquaculture, Titles II, III, IV and IX. Decree-Law 2,222, Official Gazette, May 31, 1978, Navigation Law, Titles I and II
Description: To harvest and capture hydrobiological species in inland waters, territorial sea and the exclusive economic zone of Chile, a permit is required from the Undersecretary of Fishing. Only Chilean natural persons or legal entities constituted according to Chilean and foreign laws with definitive permanence may be holders of a permit to harvest and capture hydrobiological species. Only Chilean ships can fish in inland waters, territorial sea or in the exclusive economic zone of Chile. Chilean ships are those defined as such in the Navigation Law. Access to extractive industrial fishing activities will be subject to prior registration of the vessel in Chile. Only a Chilean natural or legal person can register a ship in Chile. A legal person must be established with its main domicile and has real and effective headquarters in Chile. The president, manager and most of the directors or administrators must be Chilean natural persons. Furthermore, more than fifty per cent (50%) of its share capital must be held by Chilean natural or legal persons. For these purposes, a legal entity that has a stake in another legal entity that owns a ship must meet all the aforementioned requirements. A community can register a ship if (1) the majority of the co-owners are Chileans with domicile and residence in Chile; (2) the administrators are Chilean natural persons; and (3) the majority of the rights in the community must belong to Chilean natural or legal persons. For these purposes, a communal legal person in the domain of a ship must comply with all the requirements previously mentioned. An owner (natural or legal person) of a fishing vessel registered prior to June 30, 1991, shall not be subject to the aforementioned nationality requirement: Fishing vessels that are thus authorized by the maritime authorities, according to powers conferred by Law in case of reciprocity granted to Chilean ships by other States, may be exempted from the aforementioned requirements, under conditions equivalent to those granted to Chilean ships by that State. Access to artisanal fishing is subject to registration in the Artisanal Fishing Registry. Only Chilean natural persons, foreign natural persons with permanent residence in Chile or a legal entity constituted by the aforementioned natural persons may register to do artisanal fishing.
Sector: Services provided to companies
Obligations affected: National treatment (Article 3) Most-favored-nation treatment (Article 4) Senior executives and boards (Article 8)
Measures: Law 19,733, Official Gazette, June 4, 2001, Law on Freedoms of Opinion and Information and Exercise of Journalism, Titles I and III
Description: The owner of a social communication medium, such as newspapers, magazines or texts published regularly with editorial management in Chile or a national news agency, in the case of a natural person, it must have a domicile duly established in Chile and, in the case of a legal person, it must be established with domicile in Chile or have an agency authorized to operate within the national territory. Only Chileans can be presidents, administrators or legal representatives of the legal person. The legally responsible director and the person who replaces him must be Chilean with domicile and residence in Chile.
Sector: Transportation
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4) Senior executives and boards (Article 8)
Measures: Law 18.916, Official Gazette, February 8, 1990, Aeronautical Code, Preliminary Titles, II and III Decree-Law 2,564, Official Gazette, June 22, 1979, Regulations on Commercial Aviation Supreme Decree 624 of the Ministry of National Defense, Official Gazette, January 5, 1995, Law 16,752, Official Gazette, February 17, 1968, Title II Decree 34 of the Ministry of National Defense, Official Gazette, February 10, 1968 Supreme Decree 102 of the Ministry of Transport and Telecommunications, Official Gazette, June 17, 1981, Supreme Decree 172 of the Ministry of National Defense, Gazette, March 5, 1974, Supreme Decree 37 of the Ministry of National Defense, Official Gazette, December 10, 199 1 Decree 234 of the Ministry of National Defense, Official Gazette, June 19, 1971
Description: Only a Chilean natural or legal person may register an aircraft in Chile. A legal person must be incorporated in Chile with its main domicile and real and effective headquarters in Chile. In addition, most of your property must belong to Chilean natural or legal persons, who in turn must meet the above requirements. The president, manager and most of the directors and/or administrators of the legal entity must be Chilean natural persons. Private aircraft with foreign registration that carries out non-commercial activities may not remain in Chile without authorization from the General Directorate of Civil Aeronautics, beyond thirty (30) days from the date of entry into the country. For greater certainty, this measure does not apply to specialized air services, except for glider towing services and skydiving services. To work as a crew member of aircraft operated by a Chilean airline, foreign aeronautical personnel must previously obtain a national license with the respective ratings that allow them to exercise their functions. Foreign aeronautical personnel may carry out their activities in Chile only if the license or rating granted in another country is recognized by the Chilean civil aviation authority as valid. In the absence of an international agreement that regulates such recognition, it will be carried out under conditions of reciprocity. In such a case, it will be 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 required to extend or validate them are the same or higher than those established in Chile for cases. analogues. Air transport services may be performed 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 request it. The Civil Aeronautics Board, by founded resolution, may terminate, suspend or limit cabotage services or other class of commercial air navigation services, which are performed exclusively within the national territory by foreign companies or aircraft, if in their country of origin they do not The right to equal treatment is effectively granted to Chilean companies or aircraft. So that foreign civil aircraft that do not engage in commercial transportation activities and those that engage in commercial air transportation activities on a non-regular basis have the right to enter Chilean territory, including its jurisdictional waters, to fly over it and make Stopovers in it for non-commercial purposes must inform the General Directorate of Civil Aeronautics at least twenty-four (24) hours in advance. Those aircraft that are engaged in non-regular commercial air transportation may not take or leave passengers, cargo or mail, in Chilean territory without prior authorization from the Civil Aeronautics Board.
Sector: Transportation
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4) Senior executives and directors (Article 8)
Measures: Decree-Law 3,059, Official Gazette, December 22, 1979, Merchant Navy Promotion Law, Titles I and II Supreme Decree 24, Official Gazette, 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 Regulation of Registration of the Personnel of Seafarers, Fluvial and Lacustrine Commercial Code, 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 it Indicates, Title and the Miscellaneous Provisions