Sector: Transportation
Sub-Sector: International road transportation
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure relating to the international land transportation of cargo or passengers in border areas.
Additionally, Chile reserves the right to adopt or maintain the following limitations for the supply of international land transportation from Chile:
(a) the service supplier must be a Chilean natural or juridical person;
(b) the service supplier must have a real and effective domicile in Chile; and
(c) in the case of juridical persons, the service supplier must be legally constituted in Chile and more than 50 per cent of its capital stock must be owned by Chilean nationals and its effective control must be by Chilean nationals.
Existing Measures:
Sector: Transportation Services
Sub-Sector: Road transportation services
Obligations Concerned: National Treatment (Article 9.3)
Description: Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure that authorises only Chilean natural or juridical persons to supply land transportation of persons or merchandise inside the territory of Chile (cabotage). For this, the enterprises shall use vehicles registered in Chile.
Existing Measures:
Sector: All
Sub-Sector:
Obligations Concerned: Market Access (Article 9.6)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure relating to Article 9.6 (Market Access), except for the following sectors and subsectors subject to the limitations and conditions listed below:
| Sector | |
| Legal services (part of CPC 861). | (1) and (3) None, except in the case of receivers in bankruptcy (síndicos de quiebra) who must be duly authorised by the Minister of Justice (Ministerio de Justicia), and they can only work in the place where they reside. (2) None. |
| Accounting, auditing, and bookkeeping services (CPC 86211) | (1) and (3) None, except the external auditors of financial institutions must be inscribed in the Register of External Auditors of the Superintendence of Banks and Financial Institutions (Superintendencia de Bancos e Instituciones Financieras) and in the Superintendence of Securities and Insurance (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 Register. For (2) None. |
| Taxation Services (CPC 863) | (1), (2), and (3) None. |
| Architectural services (CPC 8671) | (1), (2) and (3) None. |
| Engineering services (CPC 8672) | (1), (2) and (3) None. |
| Integrated engineering services (CPC 86733) | (1) Unbound. (2) None (3) Unbound |
| Urban planning and landscape architectural service (CPC 8674) | (1), (2) and (3) None. |
| Veterinary services (CPC 932) | (1), (2), and (3) None. |
| Services provided by midwives, nurses, physiotherapists and paramedical personnel (CPC 93191) | (1), (2), and (3) None. |
| Computer related services (CPC 841, 842, 843, 844 and 845) | (1), (2), and (3) None. |
| Research and Development services on social sciences and humanities, Interdisciplinary Research and Development services, Research and Development services on natural sciences, and Related scientific and technical consulting services (part of CPC 851 part of CPC 853 and part of CPC 86751) | (1), (3) None except: Any exploration of a scientific or technical nature, or related to mountain climbing (andinismo), that legal or natural persons domiciled abroad intend to carry out in border areas need to be authorized and supervised by the Directorate of Borders and Frontiers (Dirección de Fronteras y Límites del Estado). The Directorate of Borders and Frontiers may stipulate that an expedition include one or more representatives of relevant Chilean activities. These representatives would participate in and learn about the studies and their scope. (2) None. |
| Research and Development services on social sciences and humanities, Interdisciplinary Research and Development services (CPC 852 and 853) | (1), (2) and (3) None. |
| Real Estate services: involving owned or leased property or on a fee or contract basis (CPC 821 and 822) | (1), (2), and (3) None. |
| Rental/leasing services without crew/operators, related to vessels, other transport equipment and Relating to other machinery and equipment (CPC 8310, except 83104) | (1), (2), and (3) None. |
| Leasing or rental services concerning aircraft (without operator) (CPC 83104) | (1) and (2) No commitments. (3) None |
| Advertising services (CPC 871) | (1), (2), and (3) None. |
| Market research and public opinion polling services (CPC 864) | (1), (2), and (3) None. |
| Management consulting services (CPC 865) | (1), (2), and (3) None. |
| Services related to management consulting (CPC 866 except 86602) | (1), (2), and (3) None. |
| Technical testing and analysis services (CPC 8676) | (1), (2), and (3) None. |
| Services related to agriculture, hunting and forestry (CPC 881) | (1), (2), and (3) None. |
| Services related to mining (CPC 883) | (1), (2), and (3) None. |
| Placement and supply services of personnel (CPC 87201, 87202, 87203) | (1), (2), and (3) None. |
| Investigation and security services (CPC 87302, 87303, 87304, 87305) | (1), (2), and (3) None. |
| Maintenance and repair of equipment (not including vessels, aircraft, or other transport equipment) (CPC 633) | (1), (2), and (3) None. |
| Building-cleaning services (CPC 874) | (1), (2), and (3) None. |
| Photographic services (CPC 875) | (1), (2), and (3) None. |
| Packing services (CPC 876) | (1), (2), and (3) None. |
| Printing and publishing services (CPC 88442) | (1), (2), and (3) None. |
| Convention services (CPC 87909) | (1), (2), and (3) None. |
| International long-distance telecommunications services | (1), (2) and (3) Chile reserves the right to adopt or maintain any measure that is not inconsistent with Chile’s obligations under Article XVI of the General Agreement on Trade in Services. |
| Local basic telecommunication services and networks, intermediate telecommunications services, supplementary telecommunications services, and limited telecommunications services | (1), (2), and (3) a concession granted by means of a Supreme Decree (Decreto Supremo) issued by the Ministry of Transport and Telecommunications (Ministerio de Transportes y Telecomunicaciones) shall be required for the installation, operation, and exploitation of public and intermediary telecommunications services in Chilean territory. Only juridical persons organized under the Chilean law shall be eligible for such concessions. An official decision issued by the Undersecretariat of Telecommunications (Subsecretaría de Telecomunicaciones) shall be required to render Supplementary Telecommunications Services, consisting of additional services provided by hooking up equipment to public networks. Said decision refers to compliance with the technical standards established by the Undersecretariat of Telecommunications (Subsecretaría de Telecomunicaciones) and non-alteration of the essential technical features of networks or of the permissible technological or basic service modalities provided through them. A permit issued by the Undersecretariat of Telecommunications (Subsecretaría de Telecomunicaciones) shall be required for the installation, operation, and development of limited telecommunications services. International traffic shall be routed through the installations of a company holding a concession granted by the Ministry of Transport and Telecommunications (Ministerio de Transporte y Telecomunicaciones). |
| Commission agent’s services (CPC 621) | (1), (2), and (3) None. |
| Wholesale trade services (CPC 622) (CPC 61111) (CPC 6113) (CPC 6121) | (1), (2), and (3) None. |
| Retailing services (CPC 632) (CPC 61111) (CPC 6113) (CPC 6121) | (1), (2), and (3) None. |
| Franchising (CPC 8929) | (1), (2), and (3) None. |
| Environmental services (CPC 940) | (1) and (3) None, solely for consultancy services. (2) None. |
| Hotels and restaurants (including catering) (CPC 641, 642 and 643) | (1), (2), and (3) None. |
| Travel agencies and tour operators services (CPC 74710) | (1), (2), and (3) None. |
| Tourist guide services (CPC 74720) | (1), (2), and (3) None. |
| Entertainment services (including theatre, live bands and circus services) (CPC 9619) | (1), (2), and (3) None. |
| Libraries, archives, museums and other cultural services (CPC 963) | (1), (2), and (3) None. |
| Sporting and other Recreational Services, excluding gambling and betting services (CPC 9641) | (1), (2) and (3) None, except that a specific type of legal entity may be required for sporting organisations that develop professional activities. In addition, on a National Treatment basis: i) it is not permitted to participate with more than one team in the same category of a sport competition, ii) specific regulations may be established on equity ownership in sporting companies; iii) minimal capital requirement may be imposed. |
| Other recreational services n.e.c. (CPC 96499) | (1), (2), and (3) None. |
For the purposes of this entry:
(1) refers to the supply of a service from the territory of one Party into the territory of the other Party;
(2) refers to the supply of a service in the territory of one Party to a person of the other Party; and
(3) refers to the supply of a service in the territory of a Party by an investor of the other Party or by a covered investment.
Annex I. COLOMBIA - EXPLANATORY NOTES
1. The Schedule of a Colombia to this Annex sets out, pursuant to Articles 9.7 (Non- Conforming Measures) and 8.11 (Non-Conforming Measures), the Partyâs existing measures that are not subject to some or all of the obligations imposed by:
(a) Article or 8.5 (National Treatment) or 9.3 (National Treatment);
(b) Article 8.6 (Most-Favored Nation Treatment) or 9.4 (Most-Favored-Nation
Treatment);
(c) Article 8.9 (Performance Requirements);
(d) Article 8.10 (Senior Management and Boards of Directors).
(e) Article 9.5 (Local Presence); or
(f) Article 9.6 (Market Access).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector refers to the specific subsector for which the entry is made;
(c) Obligations Concerned specifies the article(s) referred to in paragraph 1 that,
pursuant to Articles 9.7.1(a) and 8.11.1(a), do not apply to the measure(s) listed.
(d) Measures identifies the laws, regulations, or other measures for which the entry
is made.
A measure cited in the Measures element:
(i) means the measure as amended, continued, or renewed as of 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 the measure; and
(e) Description gives information on the remaining non-conforming aspects of the measure for which the entry is made.
3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant articles of the Chapters against which the entry is made. The Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
4. In accordance with Articles 9.7.1(a) (Non-Conforming Measures) and 8.11.1(a) (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation, or other measure identified in the Measures element of that entry.
5. Article 9.5 (Local Presence) and Article 9.3 (National Treatment) are separate disciplines and a measure that is only inconsistent with Article 9.5 (Local Presence) need not be reserved against Article 9.3 (National Treatment).
6. Where Colombia maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment), or 9.5 (Local Presence) shall operate as a Schedule entry with respect to Article 8.5 (National Treatment), 8.6 (Most- Favored-Nation Treatment), or 8.9 (Performance Requirements) to the extent of that measure.
Annex 8-A Annex 9-A. SCHEDULE OF COLOMBIA
1. Sector: All Sectors
Subsector:
Obligations Concerned: Local Presence (Article 9.5)
Level of Government: Central
Measures: Código de Comercio de 1971, Arts. 469, 471 y 474
Description: Cross-Border Trade in Services
A juridical person constituted or organized under the laws of another country and with its principal domicile in another country, shall establish a branch in Colombia in order to develop a concession granted by the Colombian State.
2. Sector: All Sectors
Subsector:
Obligations Concerned: National Treatment (Article 8.5)
Level of Government: Central
Measures: Decreto 119 of 2017, Art. 2.17.2.2.2.3, unified byArt. 2.17.2.2.2.3. of Decreto 1068 of 2015 (Single Regulation Decree of the Finance And PublicCredit Sector).
Description: Investment
Foreign investors shall make portfolio investments in securities in Colombia only through an Administrator (Administrador).
Only stock broker companies, fiduciary companies and investment management companies, subject to the inspection and surveillance of the Financial Superintendence of Colombia, may be Administrators.
3. Sector: All Sectors
Subsector:
Obligations Concerned: National Treatment (Article 8.5) Senior Management and Boards of Directors (Article 8.10)
Level of Government: Central
Measures: As set out in the Description element, including Arts. 3 and 11 of Ley 226 of 1995
Description: Investment
Colombia, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of owners of such interests or assets to control any resulting enterprise, by investors of the other Parties or of a non-Party or their investments.
Relevant existing legislation concerning this nonconforming measure includes Ley 226 of 1995.
In this respect, if Colombia decides to sell all or part of its interest in an enterprise to a person other than a Colombian state enterprise or other Colombian government entity, it shall first offer such interest exclusively, and under the conditions established in article 11 of Ley 226 of 1995, to:
(a) current, pensioned, and former employees (other than former employees terminated for just cause) of the enterprise and of other enterprises owned or controlled by the enterprise;
(b) associations of employees and former employees of the enterprise;
(c) employee unions;
(d) federations and confederations of trade unions;
(e) employee funds (“fondos de empleados”);
(f) pension and severance funds; and
(g) cooperative entities (1)
However, once such interest has been transferred or sold, Colombia does not reserve the right to control any subsequent transfer or other disposal of such interest.
For purposes of this reservation:
(a) any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements described in this reservation shall be deemed to be an existing measure; and
(b) "state enterprise" means an enterprise owned or controlled through ownership interests by Colombia and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.
4. Sector: All Sectors
Subsector
Obligations Concerned: Local Presence (Article 9.5)
Level of Government: Central
Measures: Ley 915 of 2004, Art. 5
Description: Cross-Border Trade in Services
Only natural or juridical persons with their main office in the free port of San Andrés, Providencia, and Santa Catalina may supply services in this region.
For greater certainty, this measure does not affect the cross-border supply of services as defined in subparagraph (a) and (b) of the definition of crossborder trade in services or cross-border supply of services as defined in Article 9.1 (Definitions).
5. Sector: Professional Services
Subsector: Accounting Services
Obligations Concerned: National Treatment (Article 9.3) Local Presence (Article 9.5)
Level of Government: Central
Measures: Ley 43 of 1990, Art. 3 Par. 1
Resolución No. 160 of 2004, Art. 2 Par. and Art. 6
Description: Cross-Border Trade in Services
Only persons registered with the Junta Central de Contadores may practice as accountants. A foreign national must have been domiciled continuously in Colombia for at least three years prior to the registration request and demonstrate accounting experience carried out in the territory of Colombia for a period of not less than one year. This experience may be acquired while engaging in public accounting studies or thereafter.
For natural persons, the term "domiciled" means being a resident of Colombia and having the intention of remaining in Colombia.
6. Sector: Professional Services
Subsector: Research and Development Services
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Decreto 309 of 2000, Art. 7, unified by Art. 2.2.1.5.1.7 of Decreto 1076 of 2015 (Single Regulation Decree of the Environment and Sustainable Development Sector).
Description: Cross-Border Trade in Services
Any foreign person planning to undertake scientific research on biological diversity in the territory of Colombia must involve at least one Colombian researcher in the research or analysis of the results of such research.
For greater certainty, this measure does not require or prohibit foreign persons and Colombian researchers from reaching an agreement with respect to the rights in relation to the scientific research or analysis.
7. Sector: Other Business Services-Fishing
Subsector: Fishing and Services Related to Fishing
Obligations Concerned: National Treatment (Article 9.3 and Article 8.5) Most Favored Nation Treatment (Article 9.4) Market Access (Article 9.6)
Level of Government: Central
Measures: Decreto 2256 of 1991, Arts. 27, 28 and 67, unified by Arts. 2.16.3.2.3, 2.16.3.2.4. and 2.16.5.2.2.1 of Decreto 1071 of 2015 (Single Regulation Decree of the Rural Sector).
Acuerdo 005 of 2003, Sección II and VII
Description: Investment and Cross-Border Trade in Services
Only Colombian nationals may engage in artisanal fishing.
A foreign flagged vessel may obtain a permit and engage in commercial fishing and related activities in Colombian territorial waters only in association with a Colombian enterprise that owns a permit. In this case, the costs of the permit and fishing license are higher for foreign-flagged vessels than for Colombian-flagged vessels.
If the flag of a foreign-flagged vessel is that of a country that is a party to another bilateral agreement with Colombia, the terms of that other bilateral agreement shall determine whether or not the requirement to associate with a Colombian enterprise that owns a permit applies.
8. Sector: Other Business Services
Subsector: Services Directly Incidental to the Exploration and Exploitation of Minerals and Hydrocarbons
Obligations Concerned: Local Presence (Article 9.5)
Level of Government: Central
Measures: Ley 685 of 2001, Arts. 19 and 20
Decreto legislativo 1056 of 1953, Art. 10.
Código de Comercio of 1971, Arts. 471 and 474
Description: Cross-Border Trade in Services
To supply services directly related to the exploration and exploitation of minerals and hydrocarbons in Colombia, a juridical person organized under the laws of a foreign country must establish a branch, affiliate company, or subsidiary in Colombia.
For greater certainty, this entry does not apply to service suppliers engaged in those services for less than one year.
9. Sector: Other Business Services
Subsector: Private Security and Surveillance Services
Obligations Concerned: National Treatment (Article 9.3 and Article 8.5) Market Access (Article 9.6) Local Presence (Article 9.5)
Level of Government: Central
Measures: Decreto 356 of 1994, Arts. 8, 12, 23 and 25.
Description: Investment and Cross-Border Trade in Services
Only an enterprise organized under Colombian law as a limited liability company or a private security and surveillance services cooperative (2) may provide private security and surveillance services in Colombia.