Description: Only a Chilean natural or juridical person may register a vessel in Chile. A legal person must be established with its main domicile and its 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 may register a ship if (1) the majority of the community members are Chilean with domicile and residence in Chile; (2) the administrators are Chilean; and (3) most of the rights in the community belong to Chilean natural or legal persons. For these purposes, a common legal person in the domain of a ship must meet all the aforementioned requirements to be considered Chilean. Special ships that are owned by foreign natural or legal persons domiciled in Chile may, under certain conditions, be registered in the country. For these purposes, a special vessel does not include a fishing vessel. The conditions required to register special ships owned by foreign natural or legal persons are as follows: (1) domicile in Chile; (2) main seat of its business in the country; or (3) that permanently exercise any profession or industry in Chile. The maritime authority may, for reasons of national security, impose on these ships special rules restricting their operations. The maritime authority may grant better treatment based on the principle of reciprocity. Foreign ships must use piloting, anchoring and piloting services for ports when maritime authorities require it. Only Chilean flag tugs may be used for towing operations or other manoeuvres in Chilean ports. To be a captain it is necessary to be Chilean and possess the title of such conferred by the corresponding authority. To be a Chilean ship officer it is required to be a Chilean natural person and be registered in the Officers Registry. To be a crew of Chilean ships it is necessary to be Chilean, possess registration or permission granted by the Maritime Authority and be registered in the respective Registry. The professional titles and licenses granted in a foreign country will be valid to serve as an officer in national ships when the Director of the Maritime Authority so provides by founded resolution. The ship's skipper must be Chilean. The skipper is the natural person who, in possession of the title of such granted by the Director of the Maritime Authority, is empowered to command smaller ships and certain larger special ships. Only Chileans or foreigners domiciled in Chile, may serve as fishing skippers, mechanic-motorists, bikers, seamen, fishermen, fishermen, employees or technical workers of industries or maritime commerce and as crew members of industrial and general services of ship-factories or fishing when the shipowners request it because they are essential for the initial organization of the tasks. To fly the national flag, it is required that the skipper, its officers and crew are Chilean. No However, the General Directorate of the Maritime Territory and Merchant Marine by a reasoned decision and on a temporary basis, may authorize the hiring of foreign personnel when it is indispensable, except for the captain, who will always Chilean. To perform as a multimodal operator in Chile, it will be necessary to be a Chilean natural or legal person. Cabotage is reserved for Chilean ships. Maritime, river or lake transportation of passengers and cargo between different points of the national territory and between these and naval devices installed in the territorial sea or in the exclusive economic zone shall be understood as such. Foreign merchant ships may participate in cabotage in the case of cargo volumes greater than nine hundred (900) tons, following a public tender by the user called with due anticipation. In the case of cargo volumes equal to or less than nine hundred (900) tons and there is no availability of ships under the Chilean flag, the Maritime Authority will authorize the shipment of said loads in foreign merchant ships. The cabotage reservation for Chilean ships will not be applicable in the case of cargoes that come from or are destined for the ports of the province of Arica. In the event that Chile adopts, for reasons of reciprocity, a cargo reserve measure in the international transport of cargo between Chile and another country that is not a Party, the cargo reserved for it will be made in ships of Chilean flag or reputed as such.
Sector: Transportation
Obligations affected: National treatment (Article 3) Senior executives and boards (Article 8)
Measures: Commercial Code, Book III, Titles I, IV and V Decree Law 2,222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II and IV Decree 90 of the Ministry of Labor and Social Security, Official Gazette, January 21, 2000, Decree 49 of the Ministry of Labor and Social Security, Official Gazette, July 16, 1999, Labor Code, Book I, Title II, Chapter III, paragraph 2°
Description: The ship agents or the representatives of the operators, owners or captains of the ship, whether natural or legal persons, must be Chilean. Port stowage and dock work carried out by natural persons are reserved for Chileans who are duly accredited before the corresponding authority to carry out the port work indicated in the law and have an office established in Chile. When the activities are carried out by legal entities, they must be legally established in the country and have their main domicile in Chile. The president, administrators, managers or directors must be Chilean. At least fifty per cent (50%) of the share capital must belong to Chilean natural or legal persons. These companies must designate one or more attorneys, who will act on their behalf, who must be Chilean. Port workers must pass a basic course on port security in a Technical Execution Agency authorized by the National Training and Employment Service, in accordance with the rules established in the respective regulations. All those who disembark, transship and, in general, make use of Chilean continental or island ports, especially for the landing of fish catches or fish catches processed on board, must also be Chilean natural or legal persons.
List of Uruguay
Obligations affected:
National treatment (Article 3) Performance requirements (Article 7) Senior executives and boards (Article 8)
Measures: Law No. 13,833 Law No. 14,650 Law No. 18,498 Decree 149/1997 Decree 233/2004
Description: conducting fishing and waterfowl hunting of a commercial nature carried out in internal waters and territorial sea within a zone of twelve (12) miles of extension, measured from the baselines, is reserved exclusively for Uruguayan flag vessels, duly authorized, without prejudice to the provisions of international agreements concluded by the Republic on reciprocity. Fishing vessels with national registration will be commanded by Uruguayan captains or natural or legal citizens and their crew must also be made up of not less than ninety per cent (90%) of Uruguayan natural or legal citizens. This percentage may be altered in compliance with international agreements. The crew of nationally registered fishing vessels that operate exclusively in international waters must be made up of at least seventy per cent (70%) of Uruguayan natural or legal citizens. Foreign-flag commercial vessels may only exploit living resources existing between the twelve (12) mile and two hundred nautical miles area, subject to authorization by the Executive Power, as recorded in the registry kept by the National Directorate of Aquatic Resources. They must be full prior to the start of their activities of registration and a permit. The authorizations for the exercise of all activities related to fishing, its industrialization and commercialization will be granted by the Executive Power. National flag vessels are exempt from the payment of permit fees and the planned inspections for scientific fishing and aquatic hunting, in the case of national persons or institutions. The processing and industrialization of fish may be subject to the requirement that the fish be totally or partially processed in Uruguay.
Sector: Communications - Written press
Obligations affected: Senior executives and boards (Article 8)
Measures: Law 16,099
Description: Only an Uruguayan citizen may serve as the editor or manager responsible (*) for a newspaper, magazine or periodical publication published in Uruguay.
(*) Responsible editor or manager is the person responsible under civil or criminal law for the content of a particular newspaper, magazine or newspaper.
Sector: Communications -Radio and television services
Obligations affected: National treatment (Article 3) Most-favored-nation treatment (Article 4) Senior executives and boards (Article 8)
Measures: Decree-Law No. 14,670 Decree-Law No. 15,671 ( Article 10) Law No. 16,099 Law No. 18,232 Decree No. 734/1978 Decree No. 327/1980 Decree No. 350/1986
Description: Broadcasting will be exploited taking into account current regulations and international agreements and conventions signed by the country. Open-air broadcasting services on AM / FM waves may only be provided by Uruguayan nationals. All shareholders or partners of broadcasting companies that provide broadcasting services in Uruguay or that are established in Uruguay, as well as their directors, administrators, managers or similar management personnel, must be Uruguayan nationals, domiciled in Uruguay. Senior executives, board members, and the editor or manager responsible for broadcasting companies must be Uruguayan nationals. The Official Radio Broadcasting Service (SODRE) will enjoy preference over individuals regarding the assignment of frequencies and location of stations, as well as in everything related to other installation conditions and operation. The editor or manager responsible for a television company for subscribers (cable, satellite, MMDS and UHF encoded), must be an Uruguayan national.
Sector: Communications - Television, cinema and audiovisual services
Obligations National treatment (Article 3) affected: Most-favored-nation treatment (Article 4) Performance requirements (Article 7) Senior executives and boards of directors (Article 8)
Measures: Law No. 18,284
Description: The editor or manager responsible for a television company for subscribers (cable, satellite, MMDS and UHF encrypted), must be an Uruguayan national. The Uruguayan Film and Audiovisual Institute may, as indicated by its functions: Promote, encourage and stimulate the creation, production, co-production, distribution and exhibition of Uruguayan cinematographic and audiovisual works in the country and abroad. Implement reciprocity agreements with other institutes to grant and obtain preferential access to the respective national markets. Promote actions aimed at the exhibition of the minimum national production of fiction, documentaries and animation in national television media and their dissemination in the international market. Promote actions for the exhibition of national production minima in the rooms that make up the exhibition circuit.
Sector: Teaching services -Primary and secondary
Obligations Senior executives and boards (Article 8) affected:
Measures: Ordinance 14 Resolution No. 20 of the National Administration of Public Education Description: The directors and deputy directors of the authorized institutes must be natural citizens or legal or residents with at least three (3) years in the country. Sector: Teaching services -Tertiary education Obligations affected: Performance requirements (Article 7) Senior executives and boards (Article 8) Measures: Law No. 12,549 Decree 308/95
Description: The absolute majority of the Academic staff must be made up of Uruguayan natural or legal citizens, or residents in the country for a period of not less than three (3) years with a sound command of the Spanish language. The statutes of tertiary education institutions must provide for the administrative and academic management bodies and designation procedures for their members, most of whom must be natural or legal citizens , or have a residence in the country of not less than three (3 years.
Sector: Mining
Obligations affected: National treatment (Article 3) Performance requirements (Article 7)
Measures: Decree-Law No. 15,242 and its regulatory decrees
Description: All deposits of mineral substances existing in the maritime or terrestrial subsoil or that emerge in the surface of the national territory integrates into an inalienable and imprescriptible form, the domain of the State. Without prejudice to the provisions of the preceding paragraph, deposits of non-metallic mineral substances (includes deposits of non-metallic mineral substances, which are used directly as construction materials, without a prior industrial process that determines a physical or chemical transformation of the substance mineral) are reserved for exploitation by the owner of the particular surface property where the deposit is located, under the conditions established by Decree-Law No. 15,242 and its amendments. The prospection and exploration of mineral deposits and the exploitation of mines can only be done: A) By the State or state entities B) By virtue of a mining title the enjoyment of the mining rights attributed by the respective title is regulated by specific provisions and for what is established in the specific contract.
Sector: Maritime transport services and auxiliary services
Obligations affected: National treatment (Article 3) Most-favored-nation treatment (Article 4) Senior executives and boards (Article 8)
Measures: Law No. 12,091 Decree-Law No. 14,106, Article 309 Decree-Law No. 14,650 Law No. 16,387, Article 5 and Article 18 in the wording given by Law 16,736 Article 321 Law No. 17,296, Article 263 Law No. 18,498 Decree No. 31/1994 Description: The cabotage trade that includes the internal service of transport by ship, carried out between the ports and coastal areas of Uruguay, including rescue operations, cache, towing and other shipping operations carried out by ships in waters within the Uruguayan jurisdiction, they are reserved for national flagships. Such vessels are exempt from designated taxes, such as those that levy equipment, sales and income from fleets. By way of exception, the Executive Power may authorize cabotage services to third flag vessels when national flag vessels are not available. Vessels that carry out cabotage services within Uruguay will be subject to the following requirements: a) in the case of being owned by natural persons, the ships must be owned by Uruguayan nationals and they must be domiciled in Uruguay; and b) in the case of being the property of a company: (i) fifty-one per cent (51%) of the owners of the said company must be Uruguayan nationals; (ii) fifty- one per cent (51%) of the shares with voting rights must be owned by Uruguayan nationals ; (iii) the company must be controlled and directed by Uruguayan nationals. The transverse river transport of passengers and vehicles between the border ports of Uruguay and Argentina is reserved for Uruguayan and Argentine flag vessels through regular service. Half of the cargo transport of Uruguayan foreign trade (imports and exports) is reserved for Uruguayan-flagged ships, however exceptions are granted to foreign-flagged ships to transport the reserved part of Uruguayan foreign trade. Uruguay may impose restrictions regarding the access to freight transport of Uruguayan foreign trade on the basis of reciprocity. Tax exemptions are granted to Uruguayan-flag merchant ships as long as said ships meet the following requirements: a) if they are owned by natural persons, the ships must be owned by Uruguayan nationals domiciled in Uruguay; b) If they are owned by a company, the ships must be under the control and direction of Uruguayan nationals. The crews of Uruguayan merchant ships must meet the following requirements: a) ninety per cent (90%) of the officers, including the captain, chief engineer and radiotelegraph crew (including the captain) of ships operating under a Traffic authorization granted by the competent authorities must be of Uruguayan nationality. b) with not less than ninety per cent (90%) of the rest of the crew of Uruguayan natural or legal citizens. c) in the case of ships that do not operate under the traffic the authorization granted by the competent authority, the captain, the chief engineer, the radio operator or the chief officer must be Uruguayan nationals.
Sector: Air Transport and Air Work Services
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4) Performance requirements (Article 7)
Measures: Law 12,018 Decree-Law No. 14,305 Decree-Law No. 14,653 Decree-Law No. 14,845 Decree No. 808/1973 Decree No. 325/1974 Decree No. 39/1977 Decree No. 158/1978 Decree No. 369/1978 Decree No. 183/2001 Uruguayan Aeronautical Regulations No. 61, 63 and 65
Description: The Republic's aeronautical relations in commercial matters will be based on the application of the principle of effective reciprocity. The exploitation of all air activity, including the establishment of an agency or commercial representation for the sale of tickets, requires concession or authorization in accordance with international standards and the provisions of the Aeronautical Code (Decree-Law No. 14.305 and its amendments) and its regulations. Foreign international air navigation companies that provide air services to or from the Republic, or those that do not provide them but maintain operations for the sale of tickets for the transportation of passengers by air, directly or through agents, representatives or third parties authorized regardless of their nature or denomination, they will pay as a consideration for the exploitation of the national asset that implies the commercial rights of the Republic a percentage of up to fifteen per cent (15%) of the price of the tickets sold in the country that includes the total itinerary agreed, regardless of the form and place of issue or payment. Only national air work service companies may operate aircraft in domestic air services that do not involve transportation. Internal air services will be performed exclusively by national companies. Unless the State exploits them directly, internal air services for regular transport of passengers, mail and cargo will be carried out by concessionaires and non-regular ones by authorization. For the purposes of being a national air transport company, or a national air work services company, fifty-one per cent (51%) of said companies must be owned by Uruguayan nationals, domiciled in Uruguay. National companies must have Uruguayan registration. However, exceptionally, in order to ensure the provision of services or for reasons of national convenience, the aeronautical authority may allow the use of foreign-registered aircraft. All crew and personnel, including the management of a national air transport company, must be made up of Uruguayan nationals unless the National Directorate of Civil Aviation and Aeronautical Infrastructure authorizes otherwise. Aircraft owners, to request their registration, must be domiciled in the Republic. In the case of a condominium, said condition must be verified with respect to fifty-one per cent (51%) of the co-owners whose rights exceed fifty-one per cent (51%) of the value of The aircraft. Without prejudice to the stated domiciliary requirement, the Executive Power shall regulate the other conditions that must be met by the owners of the aircraft to register them. National flag air carriers shall meet as far as possible their operational needs, including their maintenance and repair with national means. Air taxi services are reserved for national companies. Foreign operators of air taxi services may only operate into Uruguayan territory and jurisdictional waters if the State of their nationality provides Uruguayan operators with the same treatment in terms of rights, benefits or advantages granted to them.
Sector: Aerial photography services and agricultural aviation
Obligations affected: National treatment (Article 3) Performance requirements (Article 7) Senior executives and boards of directors (Article 8)
Measures: Decree-Law No. 14,305 Decree No. 186/1976 Decree No. 158 / 1978 Decree of the Governing Council 21.409 of 7/4/1952 Decree No. 314/1994
Description: Aerial photography activities may be carried out in the free flight areas provided that those interested are registered in the Registry of Aerial Photographers. To register, the following requirements must be met: be a Uruguayan citizen, including navigational personnel, operators and technicians, except in the case that the Ministry of National Defense exempts from this requirement. To obtain the permits to carry out registration with any type of airborne sensor, as well as to process said material in the national territory and its jurisdictional waters, those who intervene in these activities must be (natural) persons or national companies, except in cases expressly exempt from compliance with this requirement. Agricultural aviation. When circumstantially it is not possible to meet the requirements of the sector with the national means, the Executive Power may authorize, at the request of the competent body , the transitory entry of foreign aircraft. Aerial work services applied to development (eg hydrocarbon prospecting, fishing industry, irrigation studies, geological research, etc.) are reserved for national companies. Only when it is not possible to meet the requirements of certain specialities with the national means, the General Directorate of Civil Aviation may temporarily authorize the operation of foreign companies in the national territory.
Sector: Rail transport services
Obligations affected: National treatment (Article 3) Most-favored-nation treatment (Article 4) Senior executives and boards ( Article 8)
Measures: Decree-Law No. 14,798 (ATIT) Resolution of the Ministry of Transport and Works Public of 11/27/03 Law 17,930, Article 205
Description: In order to provide cargo and passenger transport services, a railway operator must previously obtain the corresponding railway operation license from the National Directorate of Transport, which will issue the resolution that grant the license. Railway operators must take the form of a corporation, registered office in the country and the ownership of Uruguayan nationals of fifty- one per cent (51%) of the integrated capital. The constitution of fifty-one per cent (51%) of the direction or administration must be of Uruguayan natural or legal citizens domiciled in Uruguay. Under the Agreement on International Land Transport (ATIT) between the countries of the Southern Cone, access to international rail freight is granted subject to reciprocity between the members of the ATIT (Argentina, Brazil, Chile, Paraguay, Uruguay and Bolivia) with the rail operators of Uruguay. To register in the "Registry of Operators of Aerospace Sensors " people must be individuals or national companies ; including navigating personnel, operators and technicians, except in cases where they expressly exempt themselves from complying with that requirement. In the case of companies, the majority of their directors must possess the quality indicated in the previous paragraph.
Sector: Road transport services
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4) Senior executives and boards (Article 8)
Measures: Decree-Law No. 14,798 Decree N 283/1989 Decree No. 230/1997 Decree No. 274/2006 Decree No. 285/2006
Description: Collective transportation of people by road in motor vehicles, of a regular nature: it is a public service that will be exploited through the concession regime, on national lines, while on international lines it will be through the permit regime. Only national companies, individuals or legal entities can manage authorizations for regular collective passenger transport services by road. Such are considered those in which the management, the effective control of the company and more than half of the share capital belong to natural or legal citizens with real domicile in the country. Non-regular collective road transport services for people (tourist transport and non-tourist transport ). Only national companies, legal or natural persons can manage authorizations to carry out these services. International cargo transportation. Only national road freight transport companies that meet the following conditions may be authorized to operate in international traffic: be natural or legal persons, in which more than half of the share capital and effective control of the company belong to natural or legal citizens, with real domicile in the country. Under the Agreement on International Land Transport (ATIT) between the countries of the Southern Cone, access to international road transport of cargo is granted subject to reciprocity between the members of the ATIT (Argentina, Brazil, Chile, Paraguay, Uruguay and Bolivia) with the road operators of Uruguay.
Annex ii
1. The list of a Party indicates, in accordance with Article 9, the specific sectors, subsectors or activities for which said Party may adopt or maintain new or more restrictive measures that are inconsistent with the obligations imposed by: (a ) Article 3 (National Treatment); (b) Article 4 (Most Favored Nation Treatment); (c) Article 7 (Performance requirements); or (d) Article 8 (Senior executives and boards).
2. Each tab in the lists establishes the following elements: (a) Sector refers to the sector for which the tab has been made; (b) Affected obligations specifies the obligation or obligations mentioned in paragraph 1 that, under Article 9, do not apply to the sectors, subsectors, or activities listed in the sheet; and (c) Description describes the coverage of the sectors, subsectors, or activities covered by the record.
3. In accordance with Article 9, the Articles of this Agreement specified in the element Obligations affected of a file do not apply to the sectors, subsectors and activities mentioned in the Description element of that file.
List of Chile
Sector: All sectors
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4)
Description: Chile reserves the right to adopt or maintain any measure related to the ownership or control of lands located up to one distance of five (5) kilometres from the coast, which are used for agriculture. Said measures could include the requirement that the majority of each class of shares of a legal person that claims to own or control such lands, belong to Chilean natural persons or to persons residing in Chile for one hundred and eighty-three (183) days or more a year.
Sector: All sectors
Obligations affected: National treatment (Article 3) Senior executives and boards (Article 8)
Description: When transferring or disposing of any share or active interest of a state company or existing government entity, Chile reserves the right to prohibit or impose limitations on the ownership of such interest or asset and on the right of foreign investors or their investments to control any State company created in this way, or investments made by it. In relation to the said transfer, or disposition, Chile may adopt or maintain any measure regarding the nationality of senior management executives and members of the board. A "state company" shall mean any company owned or controlled by Chile, through participation in its property, and will include any company established after the date of entry into force of this Agreement solely for the purpose of selling or disposing of participation in the capital or assets of a state company or an existing government entity.
Sector: All sectors
Obligations affected: Most-favored-nation treatment (Article 4)
Description: Chile reserves the right to adopt or maintain any measure that grants different treatment to countries in accordance with any bilateral or multilateral international treaty in force or signed with prior to the effective date of this Agreement. Chile reserves the right to adopt or maintain any measure that accords different treatment to countries in accordance with any international treaty in force or signed after the date of entry into force of this Agreement regarding : (1) aviation; (2) fishing; or (3) maritime matters, including salvage.
Sector: Communications
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4) Performance requirements (Article 7) Senior executives and boards (Article 8)
Description: Chile reserves the right to adopt or maintain any measure with respect to the investors of Uruguay, or with their investments, in digital telecommunications services of unidirectional satellite transmissions, be they direct television to the home, direct broadcasting of television services and direct audio; complementary telecommunications services.
Sector: Issues related to minorities
Obligations affected: National treatment (Article 3) Most- favored- nation treatment (Article 4) Performance requirements (Article 7) Senior executives and boards (Article 8)
Description: Chile reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities.
Sector: Issues related to indigenous populations
Obligations affected: National treatment (Article 3) Most-favored-nation treatment (Article 4) Performance requirements (Article 7) Senior executives and boards (Article 8)
Description: Chile reserves the right to adopt or maintain any measure that denies Uruguayan investors and their investments, any rights or preferences granted to indigenous populations.
Sector: Government finances
Obligations affected: National treatment (Article 3)
Description: Chile reserves the right to adopt or maintain any measure regarding the acquisition, sale, or another form of disposition, by Uruguayan nationals, of bonds, treasury securities or another type of debt instrument issued by the Central Bank or by the Government of Chile.
Sector: Fishing
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4)
Description: Chile reserves the right to control activities of foreign fisheries, including landing, the first landing of fish processed at sea and access to Chilean ports (port privilege). Chile reserves the right to control the use of beaches, beach areas, portions of water and seabed for the granting of maritime concessions. For greater certainty, "maritime concessions" does not include aquaculture.
Sector: Cultural industries
Obligations affected: Most-favored-nation treatment (Article 4)
Description: Chile reserves the right to adopt or maintain any measure that accords different treatment to countries in accordance with any existing or future bilateral or multilateral international treaty with respect to cultural industries, such as audiovisual cooperation agreements. For greater certainty, and for the purposes of this reservation, government-supported subsidy programs for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement. "Cultural industries" means any person carrying out any of the following activities: (1) the publication, distribution or sale of printed or electronic books, magazines, periodicals or newspapers, but does not include the isolated activity of printing or composition typographic of any of the above; (2) the production, distribution, sale or exhibition of film or video recordings ; (3) the production, distribution, sale or exhibition of audio or video music recordings ; (4) the production, distribution or sale of printed or machine-readable music; or (5) radiocommunications in which transmissions are intended to be received directly by the general public, as well as all activities related to radio, television and cable transmission, and programming services for satellites and transmission networks.
Sector: Social services
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4) Performance requirements (Article 7) Senior executives and boards (Article 8)
Description: Chile reserves the right to adopt or maintain any measure with respect to the execution of laws of public law and the provision of social rehabilitation services, as well as the following services, insofar as they are social services established or maintained for reasons of public interest: insurance or income security, social security or insurance services, social welfare, public education, public training, health and childcare.
List of Uruguay
Sector: Services and infrastructure of roads, railways, airports and ports
Obligations affected: National treatment (Article 3) Performance requirements (Article 7) Senior executives and boards (Article 8)
Description: Uruguay reserves the right to adopt or maintain any measure regarding concessions related to infrastructure services for highways, railways, airports and ports, as well as the renewal or renegotiation of existing concession services.
Sector: Distribution services for solid, liquid and gaseous fuels and related products
Obligations affected: Performance requirements (Article 7)
Description: Uruguay reserves the right to adopt or maintain any measure regarding concessions related to fuel distribution services solids, liquids and gases and related products, as well as the renewal or renegotiation of existing concessions for such services. The National Administration of Fuels, Alcohol and Portland (ANCAP) grants concessions based on their powers granted by law.
Sector: All sectors
Obligations affected: National treatment (Article 3) Performance requirements (Article 7) Senior executives and boards (Article 8)
Description: Uruguay reserves the right to adopt or maintain any measure related to the granting of rights or preferences minorities due to social or economic reasons.
Sector: All sectors
Obligations affected: National treatment (Article 3) Performance requirements (Article 7) Senior executives and boards (Article 8)
Description: Uruguay reserves the right to adopt or maintain any measure that limits the transfer or disposition of any of the rights maintained on an existing State company, so that only an Uruguayan national can receive them. However, the preceding clause refers only to the transfer, or initial provision of such rights, and not to subsequent transfers or provisions. Uruguay reserves the right to adopt or maintain any measure that limits the control of or imposes requirements on any new company created by the transfer, or disposition of any right in accordance with the provisions of the preceding paragraph through of measures related to the integration of the directory, but not through limitations in the ownership of the transferred rights. Uruguay also reserves the right to adopt or maintain any measure that refers to the nationality of senior executives and board members in the said new company. A "state company" shall mean any company owned or controlled by Uruguay, through participation in its property, and will include any company established after the date of entry into force of this Agreement. Sector: Postal services Obligations affected: National treatment (Article 3) Description: Uruguay reserves the right to adopt or maintain any measure that restricts the receipt, processing, transportation and delivery of periodic invoices provided by state-owned companies, including the following: Basic telecommunications (ANTEL) Electricity distribution (UTE) Water distribution (OSE)
Sector: Social services
Obligations affected: National treatment (Article 3) Most favoured nation treatment (Article 4) Performance requirements (Article 7) Senior executives and board of directors (Article 8)
Description: Uruguay reserves the right to adopt or maintain measures related to services in charge of compliance with the laws, and the services indicated below, to the extent that they are social services created or maintained with a public objective, namely: rehabilitation and social rehabilitation services, pensions or unemployment insurance, assets social tar, public education, public training, health, child protection, public sanitation services and water supply service.
Sector: Rail transport services and auxiliary services.
Obligations affected: Performance requirements (Article 7)
Description: Uruguay reserves the right to adopt or maintain performance requirements in rail transport services and auxiliary services, to the extent that they are adequate, transparent and non-discriminatory in accordance with the Uruguayan legislation. Sector: All sectors Obligations affected: Most-favored-nation treatment (Article 4) Description: Uruguay reserves the right to adopt or maintain any measure that grants differential treatment to countries under any agreement international, bilateral or multilateral, in force or signed prior to the entry into force of this Agreement. Uruguay reserves the right to adopt or maintain any measure that grants differential treatment to countries under any international, bilateral or multilateral agreement, in force or signed after the date of entry into force of this Agreement regarding: (1) aviation; (2) fishing; (3) maritime affairs, including salvage; or (4) telecommunications.
Sector: Ground transportation
Obligations affected: Most-favored-nation treatment (Article 4)
Description: Uruguay reserves the right to adopt or maintain any measure that grants differential treatment to the countries of the Southern Common Market (MERCOSUR) under any agreement bilateral or multilateral related to land transport that is signed after the date of entry into force of this Agreement in accordance with its commitments under MERCOSUR.
Sector: Public finances
Obligations affected: National treatment (Article 3)
Description: Uruguay reserves the right to adopt or maintain any measure that restricts the acquisition, sale, or another form of disposition of bonds, treasury securities or any other type of instrument of debt issued by the Central Bank or by the Government of Uruguay.
Annex iii
1. A Party's list indicates, in accordance with Article 9, the specific sectors, subsectors, or activities for which said Party may adopt or maintain new or more restrictive measures that are inconsistent with the obligations imposed by Article 3 (National Treatment).
2. The listing sheet establishes the following elements: (a) Sector refers to the sector for which the listing has been made; (b) Affected obligations specify the obligation or obligations mentioned in paragraph 1 that, under Article 9, do not apply to the sectors, subsectors, or activities listed in the sheet; and (c) Description describes the coverage of the sectors, subsectors, or activities covered by the record.
3. In accordance with Article 9, the Articles of this Agreement specified in the element Obligations affected of a file do not apply to the sectors, subsectors and activities mentioned in the Description element of that file. Annex III List of Uruguay Sector: All sectors Obligations affected: National treatment (Article 3) Description: Uruguay reserves the right to adopt or maintain any measure aimed at establishing a Border Security Zone adjacent to the land and river borderlines of the National territory.