The rights and obligations of the Parties in respect of business practices shall be governed by Article IX of the GATS, which is hereby incorporated into and made part of this Agreement.
Article 8.12. Denial of Benefits
Subject to prior notification, a Party may deny the benefits of this Chapter to:
(a) service suppliers of the other Party where the service is being supplied from or in the territory of a non-Party, or
(b) service suppliers of the other Party where the service is being supplied by a juridical person that is owned or controlled by persons of a non-Party and the juridical person has no substantial business activities in the territory of the other Party.
Article 8.13. Review and Modification of Schedules
1. With the objective of further liberalising trade in services between them, the Parties agree to jointly review their Schedules of Specific Commitments, taking into account any services liberalization developments as a result of on-going work under the auspices of the WTO.
2. Any modification or withdrawal of specific commitments on trade in services shall be made in accordance with Article 21.2 (Amendments). In the negotiations for such modification or withdrawal, the Parties shall enter into negotiations with a view to reaching an agreement on any necessary compensatory adjustment. In such negotiations and agreements, the Parties shall maintain a general level of mutually advantageous commitments not less favourable to trade than that provided for in their Schedules of Specific Commitments set out in Annex 8A and 8B prior to such negotiations.
ANNEX 8A. SCHEDULE OF SPECIFIC COMMITMENTS. CHILE
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
I. HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED IN THIS SCHEDULE
i. Payments and transfers
1), 2), 3) and 4). Unbound, with respect to the measures adopted or to be adopted by the Central Bank of Chile in conformity with its Constitutional Organic Law (“Ley Orgánica Constitucional del Banco Central de Chile, Ley 18.840”) or other legislation, in order to ensure currency stability and the normal operation of domestic and foreign payments. For this purpose, the Central Bank of Chile is empowered to regulate the supply of money and credit in circulation and international credit and foreign exchange operations. The Central Bank of Chile is empowered as well to issue regulations governing monetary, credit, financial, and foreign exchange matters. Such measures include, inter alia, the establishment of restrictions or limitations on current payments and transfers (capital movements) to or from Chile, as well as transactions related to them, such as requiring that deposits, investments or credits from or to a foreign country, be subject to a reserve requirement (“encaje”).
ii. Indigenous groups
Nothing in this Schedule may be understood as limiting the right to maintain or adopt measures establishing rights or preferences to indigenous groups.
iii. Commercial Presence (mode 3)
This Schedule applies only to the following types of commercial presence for foreign investors: sociedades anónimas abiertas y cerradas (public corporations open or closed), sociedades de responsabilidad limitada (private-limited companies), and agencias de sociedades extranjeras (subsidiaries).
Real estate acquisitions and the performance of other legal acts in border areas must comply with the provisions of the relevant legislation, which is unbound for the purposes of this Schedule. The border area is defined as land situated within a distance of 10 km from the border and up to 5 km from the coast and the province of Arica.
iv. Movement of natural persons (mode 4)
Unbound, except for transfers of natural persons within a foreign enterprise established in Chile, in accordance to commercial presence, of senior and specialized personnel who have been employed by the organization for a period of at least two years immediately preceding the date of their application for admission, performing the same type of duties in the parent company of their country of origin. In any case, foreign natural persons may not represent more than 15% of the total staff employed in Chile, when the employer hires more than 25 persons.
Senior personnel are those executives who come under the direct supervision of the board of directors of the enterprise established in Chile and who, inter alia:
- conduct the management of the organization or one of its departments or subdivisions;
- supervise and control the work of other supervisory, professional or managerial employees;
- are personally authorized to hire and fire or recommend hiring or firing or any other measure related to personnel.
Specialized personnel are those highly qualified persons who are indispensable to the supply of the service because of their professional knowledge or:
- possession of qualifications for a particular type of work or activity requiring specialized technical expertise;
- essential knowledge for the supply of the service, research equipment, techniques or management; and
- the non-availability of such specialized personnel in Chile.
The category of senior and specialized personnel does not include the members of the board of directors of a company established in Chile.
For all legal purposes, senior and specialized personnel must establish domicile or residence in Chile. Providers of services are admitted temporarily, for a period of two years, extendable to two more years. Personnel admitted under these conditions will be subject to the provisions of the labor and social security legislation in force.
The temporary presence of natural persons includes also the following categories:
a) A natural person seeking temporary entry, for the purpose of participating in business meetings, performing market or investment studies, generating business contacts or participating in negotiations related to the supply of services in the future, including the setting up of a business or enterprise in the territory of Chile. Temporary entry shall be granted when the business visitor: a) does not receive remuneration in Chile;
b) is not involved in making direct sales to the public; c) does not personally supply a service. b) Persons working in a senior position, as defined above, within a legal person, who are responsible for setting up in Chile a commercial presence of a service provider of the United Arab Emirates when:
(i) the representatives are not engaged in making direct sale or supplying services, and
(ii) the service provider has its principal place of business in the territory of the United Arab Emirates and has no other representative, office, branch or subsidiary in Chile.
v. Chile reserves the right to adopt or maintain any measure according rights and preferences to socially or economically disadvantaged minorities.
vi. Personal Data Protection
Nothing in this Annex may be understood as a limitation of the right to maintain or adopt measures that establish rights or preferences to the personal data of Chilean citizens or migrants.
II. SECTOR-SPECIFIC COMMITMENTS
| Sector or subsector | Limitations on market access | Limitations on national treatment | Additional commitments |
| 1. BUSINESS SERVICES | |||
| A. Professional services | Without prejudice to what is established in Section I (Horizontal Commitments), suppliers of the professional services included in this Schedule may be subject to assessment by the competent authorities in connection with which they must show that they fulfil the requirements designed to ensure that they perform competently in the sector. | ||
| a. International legal services (1) i. Advisory services on matters of international law and foreign law. (part of CPC 86190) | (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. | (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. | |
| ii. Arbitration and mediation/conciliation services (CPC 86602) | (1) None, except for arbitration proceedings which under Chilean legislation fall within the sole jurisdiction of legal national arbitration courts or may be heard by legal arbitrators. (2) None, except for arbitration proceedings which under Chilean legislation fall within the sole jurisdiction of legal national arbitration courts or may be heard by legal arbitrators (3) Unbound (4) Unbound, except as indicated in the horizontal section. | (1) None, except for arbitration proceedings which under Chilean legislation fall within the sole jurisdiction of legal national arbitration courts or may be heard by legal arbitrators. (2) None, except for arbitration proceedings which under Chilean legislation fall within the sole jurisdiction of legal national arbitration courts or may be heard by legal arbitrators (3) Unbound (4) Unbound, except as indicated in the horizontal section. |
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments iii. Other legal services (part of CPC 861)2 (1) , (3) None, except The assistants of the administration of justice must reside in the same place or city where the court where they will provide their services is located. Bankruptcy trustees must have at least three years of experience in commercial, economic or legal areas and be duly authorized by the Minister of Justice and may only work in their place of residence. (2) None (4) Unbound, except as indicated in the horizontal section. (1), (3) None, except Public defenders, public notaries, and conservators must be Chilean and meet the same requirements for judges. Archivists and arbitrators of law must be lawyers, therefore, they must be Chilean. Only Chileans with the right to vote and foreigners with permanent residence and the right to vote may act as judicial receivers and as procurators of the number. Only Chilean nationals and foreigners with permanent residence in Chile or Chilean legal entities can be public auctioneers. To be a bankruptcy trustee, it is necessary to have a technical or professional degree granted by a university, a professional institute or a technical training center recognized by the State of Chile. The exercise of the legal profession is reserved only to those who have completed their studies at Chilean universities. Only lawyers can provide services such as sponsorship in matters brought before the courts of the Republic, and this translates into the obligation that the first presentation of each party must be sponsored by a lawyer authorized to practice the profession; the drafting of the deeds of incorporation, modification, termination or liquidation of companies, of liquidation of conjugal companies, of partition of assets, articles of incorporation of legal personality, associations of canalists, cooperatives, transaction contracts and bond issue contracts Anonymous Societies; and the sponsorship of 2 If the realization of the consultancy implies the appearance before Courts of Justice or Chilean administrative bodies, it must be carried out by a lawyer authorized in the country to exercise the profession. The same requirement must be fulfilled in the event that it is required to present a document or carry out any formal procedure before said Courts or administrative bodies. The provision of advice does not give the right to use the title of lawyer and therefore does not include representation or sponsorship services in contentious or non-contentious procedures.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments the request for the granting of legal personality for corporations and foundations. (2) None (4) Unbound, except as indicated in the horizontal section. Accounting, auditing and bookkeeping services3: i. Financial auditing services (CPC 86211) (1) , (3) None, except: The external auditors of financial institutions must be registered in the Register of External Auditors of the Commission for the Financial Market. Only legal entities legally constituted in Chile as partnerships or associations and whose main line of business is auditing services may be registered in the Registry. (2) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. ii. Accounting review services (CPC 86212) (1) Unbound (2) Unbound (3) None (4) Unbound, except as indicated in the horizontal section. (1) Unbound (2) Unbound (3) None (4) Unbound, except as indicated in the horizontal section. c. Taxation services (CPC 863) (1) None (1) None 3 Financial statements must be endorsed by a professional legally authorized to practise in Chile.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (2) None (3) None (4) Unbound, except as indicated in the horizontal section. d. Architectural services i. Advisory and pre-design architectural services (CPC 86711) ii. Architectural design services (CPC 86712) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. e. Engineering services: i. Advisory and consultative engineering services (CPC 86721) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section ii. Engineering design services for industrial processes and production (1) None (2) None (1) None (2) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (part of CPC 86725) (3) None (3) None (4) Unbound, except as indicated in the horizontal section (4) Unbound, except as indicated in the horizontal section iii. Contract Administration Services (CPC 86713) (1) None (2) None (1) None (2) None (3) None (3) None (4) Unbound, except as indicated in the horizontal section (4) Unbound, except as indicated in the horizontal section iv: Combine Architectural Design and Contract Administration Services (CPC 86714) (1) None (2) None (3) None (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (4) Unbound, except as indicated in the horizontal section v. Other Architectural Services (CPC 86719) (1) None (2) None (1) None (2) None (3) None (3) None (4) Unbound, except as indicated in the horizontal section (4) Unbound, except as indicated in the horizontal section Engineering Services i. Engineering Design Services for the Construction of
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments Foundations and Building Structures (CPC 86722) ii. Engineering Design Services for Mechanical and Installation Building (CPC 86723) iii. Engineering Design Services for The Construction of Civil Engineering Works (CPC 86724) iv. Engineering design services relating to sanitary works (CPC 86726) v. Other Engineering Services (CPC 86729) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section e. Integrated Engineering Services: Integrated engineering services (CPC 8673, including 86731, 86731, 86732, 86733, 86739) Urban planning and landscape services (CPC 8674) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1), (2) and (3) Unbound for anthropological, archaeological, and palaeontological studies, research or any other activity conducted in the 200-nautical-mile maritime zone under national jurisdiction and studies in border areas. (4) Unbound, except as indicated in the horizontal section, in which case the restrictions for Modes 1, 2 and 3 apply. (1) None (2) None (3) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments Veterinary services (CPC 932) Services provided by midwives, nurses, physiotherapists and paramedical personnel (CPC 93191) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) Unbound (2) None (3) None (4) Unbound, except as indicated in the horizontal section (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) Unbound (2) None (3) None (4) Unbound, except as indicated in the horizontal section 2. COMPUTER AND RELATED SERVICES a. Consultancy services related to the installation of computer hardware (CPC 841) b. Software implementation services (CPC 842) c. Data processing services (CPC 843) (for the purposes of the entire section, other than data-processing services for financial services) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments d. Data Base Services (CPC 844) b. Other (CPC 845 & CPC 849)
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments 3. RESEARCH AND DEVELOPMENT SERVICES (1) and (3) None, except: 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. The Directorate of Borders and Frontiers may authorize or refuse geographical explorations in Chile of any kind planned by foreign legal or natural persons. (2) None (4) Unbound, except as indicated in the horizontal section (1) and (3) None, except: Foreign natural or legal persons intending to conduct research in the 200-mile maritime zone under national jurisdiction must obtain an authorization from the Instituto Hidrográfico de la Armada de Chile (Hydrographic Institute of the Chilean Army), in accordance with the relevant regulation. For this purpose, they must submit a request at least six months in advance of the date on which the research is intended to start The Directorate of Borders and Frontiers may authorize or refuse geographical explorations in Chile of any kind planned by foreign legal or natural persons. (2) None (4) Unbound, except as indicated in the horizontal section a. Research and development services on natural sciences (part of CPC 851) (part of CPC 853) (part of CPC 86751)
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments b. Research & Development in social sciences and humanities (CPC 852) (CPC 853) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) and (3) None, except: Foreign natural or legal persons intending to carry out excavations, surveys, probing and/or collect anthropological, archaeological and paleontological material, must apply for a permit from the Consejo de Monumentos Nacionales (Council of National Monuments). As a precondition for granting such permit the person in charge of the research must belong to a reliable foreign scientific institution and be working in collaboration with a Chilean state-owned scientific institution or a Chilean university. Such permits may be granted to Chilean researchers having the appropriate scientific background in archaeology, anthropology or paleontology, duly certified, and who have a research project and appropriate institutional sponsorship; and to foreign researchers, provided that they belong to a reliable scientific institution and work in collaboration with a Chilean University. The curators and directors of museums acknowledge by the Consejo de Monumentos Nacionales, professional archaeologist, anthropologists or paleontologists, as appropriate, and members of the Sociedad Arqueológica de Chile (Chilean Archaeological Society) shall be authorized to perform salvage-related work. Salvage involves the urgent recovery of archaeological, anthropological or paleontological data or species threatened by imminent loss. (2) None (4) Unbound, except as indicated in the horizontal section
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments 4. REAL ESTATE SERVICES a. Real-estate services involving own or leased property (CPC 821) (1) None (2) None (3) None (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (4) Unbound, except as indicated in the horizontal section b. Real-estate services on a fee or contract basis (CPC 822) (1) None (2) None (1) None (2) None (3) None (3) None (4) Unbound, except as indicated in the horizontal section (4) Unbound, except as indicated in the horizontal section
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments 5. OTHER BUSINESS SERVICES a. Advertising services (CPC 871) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. b. Market research and public opinion polling services (CPC 864) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. c. Packaging services (CPC 876) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. d. Services Incidental to Mining (CPC 883) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments e. Management Consulting Services (CPC 865) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section f. Services related to management consulting (CPC 866) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section g. Technical testing and analysis services (CPC 8676) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section h. Services related to agriculture (part of CPC 881) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments Services related to hunting (part of CPC 881) (1) and (3) None, except: Persons who have weapons, explosives or similar substances must request their registration with the supervisory authority corresponding to their domicile, and this authority will subject them to control, for which purpose a request must be submitted to the General Directorate of National Mobilization of the Ministry of Defence. (2) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. Services related to forestry (part of CPC 881) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section i. Personnel placement and supply services (CPC 872) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section j. Investigation and security services (CPC 873) Except the private services of armed guards. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments k. Related scientific and technical consulting services (CPC 8675) (1) and (3) None, except: Representatives of legal or natural persons domiciled abroad who wish to carry out explorations to carry out work for scientific, technical or mountaineering purposes in border areas, must request the corresponding authorization through a Chilean consul in the respective country, who will send it immediately and directly to the Directorate of Borders and Limits of the State of the Ministry of Foreign Affairs. The Directorate of Borders and Limits of the State may order that one or more representatives of the relevant Chilean activities be incorporated into the expedition, in order to participate and learn about the studies and their scope. The Department of Operations of the Directorate of Borders and Limits of the State must inform the Directorate about the advisability of authorizing or rejecting the geographical or scientific explorations that foreign persons or organizations plan to carry out in the country. The National Directorate of State Borders and Limits must authorize and control all exploration for scientific, technical or mountaineering purposes that legal entities or individuals residing abroad wish to carry out in border areas. (2) None (4) Unbound, except as indicated in the horizontal section (1) and (3) None, except: Foreign individuals or legal entities who wish to carry out research in the 200-mile maritime zone under national jurisdiction must obtain authorization from the Hydrographic Institute of the Chilean Navy, under the terms of the respective regulations. To this end, they must submit a request at least six months in advance of the date on which the investigation is intended to begin. The Directorate of Borders and Limits of the State may order that one or more representatives of the relevant Chilean activities be incorporated into the expedition, in order to participate and learn about the studies and their scope. The Department of Operations of the Directorate of Borders and Limits of the State must inform the Directorate about the advisability of authorizing or rejecting the geographical or scientific explorations that foreign persons or organizations plan to carry out in the country. The National Directorate of State Borders and Limits must authorize and control all exploration for scientific, technical or mountaineering purposes that legal entities or individuals residing abroad wish to carry out in border areas. (2) None (4) Unbound, except as indicated in the horizontal section
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments l. Maintenance and repair of equipment (not including vessels, aircrafts, or other transport equipment) (CPC 633) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section m. Building-cleaning services (CPC 874) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section n. Photographic services (CPC 875) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section o. Printing and publishing services (CPC 88442) (3) None, except: Every newspaper, magazine, or periodical with an editorial address in Chile must have a responsible director and a person who replaces him, who must be Chilean nationals, with domicile and residence in Chile. The owner of any newspaper, magazine, or newspaper with editorial address in Chile, or national news agency, must be Chilean with domicile and residence in Chile. If the owner is a legal entity or a community, it will be considered Chilean if 85 percent of the social capital or rights in the community belongs to Chilean individuals or legal entities. For these purposes, a Chilean legal person is an entity with 85 percent of its capital owned by Chileans. (3) None, except: Every newspaper, magazine, or periodical with an editorial address in Chile must have a responsible director and a person who replaces him, who must be Chilean nationals, with domicile and residence in Chile. The owner of any newspaper, magazine, or newspaper with editorial address in Chile, or national news agency, must be Chilean with domicile and residence in Chile. If the owner is a legal entity or a community, it will be considered Chilean if 85 percent of the social capital or rights in the community belongs to Chilean individuals or legal entities. For these purposes, a
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (1), (2) None (4) Unbound, except as indicated in the horizontal section Chilean legal person is an entity with 85 percent of its capital owned by Chileans. (1), (2) None (4) Unbound, except as indicated in the horizontal section p. Convention services (CPC 87909) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section 7. SERVICES INCIDENTAL TO MANUFACTURING a. Services incidental to the manufacture of metal products, machinery and equipment (CPC 885) Except Manufacture of electrical machinery and apparatus n.e.c., on a fee or contract basis (CPC 8855) and Manufacture of medical precision and optical instruments, watches and clocks, on a fee or contract basis, and Manufacture of medical precision and optical instruments, watches (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments and clocks, on a fee or contract basis (CPC 8857) b. Manufacture of textiles, wearing apparel and leather products on a fee or contract basis (CPC 8842) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. c. Manufacture of other non- metallic mineral products, on a fee or contract basis (CPC 8848) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments 8. LEASING SERVICES (WITHOUT OPERATOR) (1) Unbound (1) Unbound a. Leasing or rental services concerning private cars (without operator) (CPC 83101) (2) Unbound (3) None (4) Unbound, except as indicated in the horizontal section. (2) Unbound (3) None (4) Unbound, except as indicated in the horizontal section. b. Leasing relating to ships (without operator) (CPC 83103) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None c. Leasing or rental services concerning aircraft (without operator) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (CPC 83104) d. Leasing relating to other transport equipment (without operator) (1) None (2) None (3) None (1) None (2) None (3) None (CPC 83101) (4) Unbound, except as indicated in the horizontal section. (4) Unbound, except as indicated in the horizontal section. (CPC 83102)
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (CPC 83105) e. Leasing or rental services concerning agricultural machinery and equipment (without operator) (CPC 83106) (1) Unbound (2) Unbound (3) None (4) Unbound, except as indicated in the horizontal section (1) Unbound (2) Unbound (3) None (4) Unbound, except as indicated in the horizontal section. f. Leasing or rental services (1) Unbound 1) Unbound concerning construction machinery and equipment (without operator) (CPC 83107) (2) Unbound (3) None (4) Unbound, except as indicated in the horizontal section (2) Unbound (3) None (4) Unbound, except as indicated in the horizontal section. g. Leasing relating to other machinery and equipment (without operator) (1) None (2) None (1) None (2) None (3) None (CPC 83106) (3) None (4) Unbound, except as indicated in the horizontal section (CPC 83107) (4) Unbound, except as indicated in the horizontal section (CPC 83108) (CPC 83109) 9. COMMUNICATIONS SERVICES A. Postal services B. Courier services (1), (2), (3) None, except: that, in accordance with Supreme Decree No. 5037 of November 4, 1960 of the Ministry of the Interior and with the Decree with Force of Law No. 10 of January 30, 1982 of the Ministry of Transport and Telecommunications or with the regulations that replace them, (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments Services related to the dispatch4 of objects of correspondence 5in accordance with the following list of subsectors, for national or foreign destinations: The State of Chile may exercise, through the “Correos de Chile” company, the monopoly for the admission, transportation and delivery of objects of correspondence. Letters, plain and postage-paid postcards, business papers, newspapers, and printed matter of all kinds, including relief printing for the use of the blind, samples of merchandise, small packets of even a kilo and phonopostals. i) Dispatch of written communications with a specific recipient in any type of physical medium6, including: - the hybrid postal service; - direct mail. (4) Unbound, except as indicated in the horizontal section. ii) Dispatch of packages and packages with a specific recipient7 iii) Dispatch of journalistic products with a specific recipient8 iv) Dispatch of the objects mentioned in subparagraphs i) to iii) as certified or insured mail 4 The term "dispatch" shall be understood to include "admission", "transport" and "delivery". 5 The expression "correspondence objects" refers to objects dispatched by any kind of commercial operator, whether public or private. 6 For example, letters and postcards. 7 Among others, books, catalogs, etc. 8 Magazines, newspapers and periodicals
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments v) Express shipping services 9for the objects mentioned in subparagraphs i) to iii) vi) Dispatch of objects without specific recipient vii) Other services not specified elsewhere C. Telecommunications services In the case of private services, the purpose of which is to meet the specific telecommunications needs of particular enterprises, entities or persons by prior agreement, the supply of these services does not give access to traffic from or to public telecommunications network users. BASIC TELECOMMUNICATION SERVICES Telecommunications services consist of the transport of electromagnetic signals (sound, data, image and any combination thereof), regardless of the type of technology used. This definition does not cover the economic activity consisting of the provision of a service the content of which requires the use 9 Express delivery services may include, in addition to greater speed and reliability, added value elements such as collection from the point of shipment, delivery in person to the recipient, location and tracking of the shipment, the possibility of modifying the destination and the recipient of it once sent or the acknowledgment of receipt.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments of telecommunications services for its transport. The provision of a service the content of which is transported via telecommunications services is subject to the terms and conditions established for that sector, subsector or activity in Chile's Schedule of Specific Commitments. Chile's Schedule of Commitments excludes basic local telecommunications services, one-way satellite transmissions of Direct-to- Home and Direct-Broadcast- Satellite television services and digital audio services. It also excludes free reception broadcasting services. It includes only international and domestic long-distance basic telecommunications services: (a) Voice telephone services (1) None (1) None (CPC 7521) (2) None (2) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (b) Packet-switched data transmission services (3) None except; Subject to a concession, licence or permit from the Undersecretariat for Telecommunications (SUBTEL). A supplier providing a (domestic and international) long-distance telephone service must be an open corporation. (4) Unbound, except as indicated in the horizontal section. (3) None (4) Unbound, except as indicated in the horizontal section. (CPC 7523**) (c) Circuit-switched data transmission services (CPC 7523**) (d) Telex services (CPC 7523**) (e) Telegraph services (CPC 7522) (f) Facsimile services (CPC 7521** + 7529**) (g) Private leased circuit services (CPC 7522** + 7523**) Other: Domestic and international satellite services and satellite links/capacity. Mobile/cellular services: personal communications services, paging services, mobile data transmission services. (h) Electronic mail (1) None (1) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (i) Voice mail (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (j) Online information and data base retrieval (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (k) Electronic data interchange (EDI) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (l) Enhanced/value-added facsimile services, included store and forward, store and retrieve. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (m) Code and protocol conversion (1) None (2) None (3) None (1) None (2) None (3) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (4) Unbound, except as indicated in the horizontal section. (4) Unbound, except as indicated in the horizontal section. (n) Online information and/or data processing (including transaction processing). (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. 10. CONSTRUCTION AND RELATED ENGINEERING SERVICES a. General Construction Work for Building (CPC 512) b. General Construction Work for Civil Engineering (CPC 513) c. Installation and Assembly Work (CPC 514 + 516) d. Building Completion and Finishing Work (CPC 517) e. Other (CPC 511 + 515 + 518) (1) , (3) Unbound, except that the criteria of Article 8.4 will be applied on a “national treatment” basis. (2) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. 11. DISTRIBUTION SERVICES a. Commission Agent Services (CCP 621), (CCP 6111) (CCP 6113), (CCP 6121) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. b. Wholesale Trade Services (CCP 622) (CCP 61111) (CCP 6113) (CCP 6121) (1) None (2) None (1) None (2) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (3) None (4) Unbound, except as indicated in the horizontal section. (3) None (4) Unbound, except as indicated in the horizontal section. c. Retailing Services (CPC (CCP 631 + 632 + 61112 + 6113 + 6121 + 613) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. d. Franchising (CPC 8929) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. e. Others (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. 12. EDUCATION SERVICES a. Higher Education Services (CPC 923) (1) None (2) None (3) Unbound (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. b. Post-secondary technical and vocational educational services (1) None (2) None (3) None, except that a specific legal entity may be required (1) None (2) None (3) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (4) Unbound, except as indicated in the horizontal section. (4) Unbound, except as indicated in the horizontal section. c. Adult Education Services (CPC 924) (1) None (2) None (3) None, except that a specific legal entity may be required (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. 13. ENVIRONMENTAL SERVICES a. Environmental Services (940) (1), (3) Unbound, except that the criteria in Article 8.4 market access shall be applied on the basis of national treatment. 2) None 4) Unbound, except as indicated in the Horizontal Commitments. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. Environmental consulting services (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. d. Other Cleaning services of exhaust gases (CPC 9404) (1) None (2) None (3) None (1) None (2) None (3) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (4) Unbound, except as indicated in the horizontal section. (4) Unbound, except as indicated in the horizontal section. Noise abatement services (CPC 9405) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. Nature and landscape protection services (CPC 9406) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. 10. TOURISM AND TRAVEL RELATED SERVICES a. Hotels and Restaurants (including catering) (CPC 64) (CPC 641) (CPC 642) (CPC 643) 1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. b. Travel agency and tour operator services (CPC 7471) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. c. Tourist guide services (CPC 7472) (1) None (2) None (1) None (2) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (3) None (4) Unbound, except as indicated in the horizontal section. (3) None (4) Unbound, except as indicated in the horizontal section. 11. RECREATIONAL, CULTURAL & SPORTING SERVICES a. Entertainment Services (CPC 9619) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. b. News Agency Services (CPC 962) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. c. Libraries, archives, museums and other cultural services (CPC 963) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. d. Sporting and other recreational services (CPC 9619) 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. 4) Unbound, except as indicated in the Horizontal Commitments. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3)
Commercial presence (4) Presence of natural persons (3)
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments 12. TRANSPORT SERVICES A. Maritime Transport Services a. Freight Transportation (CPC 7211) b. Passengers Transportation (CPC 7212) c. Rental of vessels with crew (CPC 7213) d. Maintenance and repair of vessels (CPC 8868**) e. Pushing and towing services (7214) f. Supporting services for maritime transport (CPC 745**) (1) , (2) None (3) (a) Establishment of a registered company for the purpose of operating a fleet under the flag of Chile: unbound. (b) Other forms of commercial presence for the supply of international shipping services (defined below10): none, except Only a Chilean natural or legal person can register a ship in Chile. A legal entity must be incorporated with its main domicile and real and effective headquarters in Chile, with its president, manager, and the majority of the directors or administrators being Chilean individuals. In addition, more than 50% of its capital stock must be in the hands of Chilean individuals or legal entities. For purposes, a legal entity that has this participation in another legal entity that owns a vessel must comply with all the aforementioned requirements. A community can register a ship if the majority of the community members are Chilean nationals with domicile and residence in Chile, the administrators must be Chilean nationals (1) , (2) None (3) (a) Establishment of a registered company for the purpose of operating a fleet under the flag of Chile: unbound. (b) Other forms of commercial presence for the supply of international shipping services (defined below): none, except Special vessels owned by foreign individuals or legal entities domiciled in Chile may, under certain conditions, be registered in the country. For these purposes, a special ship does not include a fishing ship. The conditions required to register special ships owned by foreigners are the following: domiciled in Chile, with their main place of business in the country, or that they exercise a profession or industry permanently in Chile. The maritime authority may, for reasons of national security, impose special rules restricting their operations on these vessels. Foreign ships B. Internal Waterways Transport 10 "Other forms of commercial presence for the supply of international maritime transport services" means that suppliers of international maritime transport services of the other Party may perform at the local level all the activities necessary to supply their clients with a partial or partial transport service. fully integrated, one of whose essential elements is maritime transport (however, this commitment will not be interpreted in a way that limits in any way the commitments assumed in the framework of cross-border provision). These activities include those listed below: (a) the marketing and sale of maritime transport services and related services through direct contact with customers, from quotation to billing; such services are those performed or offered by the service provider itself or by providers with whom the service seller has established permanent business agreements; (b) the acquisition, on its own account or on behalf of its clients (and the resale to them) of all transport services and related services —including inland transport services of any modality, especially by inland waterways, rail and road—necessary for the provision of integrated services; (a)
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments Freight Transportation (CPC 7221) Passengers Transportation (CPC 7222) Rental/Leasing of vessels including crew Maintenance and repair of vessels Pushing and towing services (CPC 72240) Support services related to maritime transport (CPC 745) Other Loading and unloading services (CPC 7419) Other complementary and supplementary transport services (74590) and the majority of the rights in the community must belong to Chilean individuals or legal entities. For these purposes, a common legal person in the domain of a ship must comply with all the aforementioned requirements. To fly the national flag, it is required that the captain of the ship, the officers and the crew of the ship be Chilean nationals. However, the General Directorate of the Maritime Territory and the Merchant Marine, by well-founded resolution and in a transitory manner, may authorize the hiring of foreign personnel when this is essential, except for the captain, who will always be a Chilean national. To act as a multimodal operator in Chile, it will be necessary to be a Chilean natural or legal person. Cabotage is reserved for Chilean vessels. This shall be understood as maritime, river or lake transportation of passengers and cargo between points in the national territory and between these and naval artifacts installed in the territorial sea or in the exclusive economic zone. Foreign merchant ships may participate in cabotage in the case of cargo volumes greater than 900 tons, prior public bidding carried out by the user, summoned with due anticipation. In the case of cargo volumes equal to or less than 900 tons and there is no availability of ships under the Chilean flag, the Maritime Authority will authorize the loading of said cargo on foreign merchant ships. The cabotage reserve for Chilean ships will not be applicable in the case of cargo that comes from or is destined for the ports of the province of Arica. (4) Unbound, except as indicated in the horizontal section. must use pilotage, anchorage and port pilotage services when the maritime authorities require it. Only Chilean-flagged tugboats may be used for towing or other manoeuvres in Chilean ports. To be a captain, it is necessary to be a Chilean national and possess the title of such conferred by the corresponding authority. To be an officer of national ships, it is required to be a Chilean national and to be registered in the Registry of Officers. To be a crew member of national ships, it is necessary to be a Chilean national, have a registration or permit 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 exercise as an officer in national ships when the General Director of the Maritime Territory and the Merchant Marine so decides by reasoned resolution. The ship's skipper must be a Chilean national. The ship's skipper is the natural person who, in possession of the title of such granted by the General Director of the Maritime Territory and the Merchant Marine, is authorized to command smaller ships and certain larger special ships. Only Chilean nationals or foreigners domiciled in the country may work as fishing skippers, mechanics-motorists, motorists, fishermen, fishermen, employees or technical workers of industries or maritime commerce and as crew members of industrial crews H. Services auxiliary to internal waterway transport: Loading & Unloading Services (CPC 741) (c) the preparation of transport documents, customs documents, or any other document relating to the origin and nature of the transported goods; (d) the transmission of business information by any means, including computerized services and electronic data exchanges (without prejudice to the provisions of this Agreement); (e) the establishment of commercial measures of any kind (including participation in the capital of a company) and the appointment of locally hired personnel (or, in the case of foreign personnel, subject to the horizontal commitment regarding the movement of workers) with other shipping companies established in the place; (f) the organization, on behalf of the companies, of the call of the ship or the assumption of cargoes if necessary. (a)
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments and general ship services. factory or fishing when requested by the shipowners because they are essential for the initial organization of the tasks. Ship agents or representatives of ship operators, owners or captains, whether natural or legal persons, must be Chilean nationals. Loading and unloading agents or wharfage companies, who totally or partially carry out the transfer of the cargo between the ship and the port facilities or the means of land transport and vice versa, will also comply with this requirement. All those who unload, tranship and, in general, make use of continental or insular Chilean ports, especially for fish catches or fish catches processed on board, must also be Chilean legal or natural persons. (4) Unbound, except as indicated in the horizontal section. E. Road Transport Services a. Passenger transportation (CPC 7121+7122) b. Freight transportation (CPC 7123) c. Rental of commercial vehicles with operator (CPC 7124) d. Maintenance and repair of road transport equipment (CPC 6112+8867) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments e. Supporting services for road transport services (CPC 744) Air Transport Services (CPC 734) (1) None (2) None (3) National or foreign companies may provide commercial air transport services, provided that they camply with technical and insurance requirements. The Dirección General de Aeronáutica Civil (Directorate- General for Civil Aviation) is responsible for checking fulfilment of technical requirements and the Junta Aeronáutica Civil (Civil Aviation Board) for checking fulfilment of insurance requirements. Only a natural or legal Chilean person may register an aircraft in Chile. A legal person must be constituted in Chile with principal domicile and real and effective headquarters in Chile, and its chairman, manager and/or the majority of the directors or administrators must be Chilean nationals. In addition, a majority of its ownership must be held by Chilean natural or legal persons, who in turn must comply with the aforementioned requirements. However, the aviation authority may authorize the registration of aircrafts belonging to foreign natural or legal (1) None (2) None (3) Private aircraft may not remain in Chile beyond the period determined by the regulations without the authorization of the Dirección General de Aeronáutica Civil (Directorate-General for Civil Aviation). Private aircraft registered abroad engaged in towing gilders and providing parachute services may not remain in Chile more than 30 days the date of entry into Chile without authorization of the Dirección General de Aeronáutica Civil (Directorate-General of Civil Aviation). (4) Unbound, except as is indicated in the Horizontal Commitments.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments persons provided that they are in permanent employment or engaged in professional or commercial activity in Chile. The same authorization may be granted with respect to foreign aircraft operated in any capacity by Chilean air transport companies. Foreign civil aircraft engaged in non- scheduled commercial air transport services activities intending to enter Chilean territory, including territorial waters, to overfly Chile or to make stop-overs in Chile for non-commercial purposes must inform the Dirección General de Aeronáutica Civil (Directorate-General of Civil Aviation) at least 24 hours in advance to obtain authorization. In no case may such aircraft board or unboard passangers, freight or mail in Chilean territory without prior authorization from the Junta Aeronáutica Civil (Civil Aviation Board). Foreign aviation staff shall be allowed to work in that capacity in Chile provided that the licence or authorization granted abroad is recognized as valid in Chile by the civil aviation authority. In the absence of an international agreement that regulates such recognition, it shall be granted under conditions of reciprocity and provided that proof is given that the licences and authorizations were issued or validated by
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments the competent authority in the State where the aircraft is registered, that they are valid and that the requirements for their extension or validation are equal to or superior to those established in Chile for similar cases. In order to work as crewmembers on aircrafts operated by a Chilean aviation company, foreign aviation company, foreign aviation staff must first obtain a Chilean license with relevant permits enabling them to discharge their duties. (4) Unbound, except as indicated in the horizontal section. a. Sales and marketing of air transport services (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. b. Computer reservation system (CRS) services (part of CPC 7523) (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons