Most Favoured Nation Treatment (Article 10.3)
Measures: Organic Code of Courts, Title XV
Decree 110 of the Ministry of Justice, Official Gazette, March 20, 1979.
Law 18.120, Official Journal, May 18, 1982.
Description: Cross-border trade in services
Only Chilean natural persons may practise the profession of lawyer.
Only lawyers may provide services such as sponsorship in matters before the courts of the Republic, and this is translated into the obligation that the first submission of each party must be sponsored by a lawyer authorised to practise the profession; the drafting of deeds of incorporation, modification, rescission or liquidation of companies, liquidation of conjugal partnerships, partition of property, deeds of incorporation of legal personality, deeds of associations of canalists, cooperatives, transaction contracts and contracts of issue of bonds of joint-stock companies; and sponsorship of the application for granting legal personality for corporations and foundations.
Chile has a bilateral agreement with Ecuador, whereby Ecuadorians holding a law degree awarded by a university in Ecuador are admitted to practice law in Chile.
None of these measures apply to foreign legal consultants practising or advising on the law of any country in which that consultant is authorised to practise as a lawyer.
Sector: Professional services
Subsector: Professional, technical and specialist services Services auxiliary to the administration of justice
Obligations Concerned: National Treatment (Article 10.2)
Local Presence (Article 10.4)
Measures: Organic Code of Courts, Titles XI and XII.
Regulations of the Real Estate Registry, Titles I, II and III.
Law 18.118, Official Journal, May 22, 1982, Title I.
Decree 197 of the Ministry of Economy, Official Gazette, August 8, 1985.
Law 18.175, Official Gazette, October 28, 1982, Title III.
Description: Cross-border trade in services
Judicial auxiliaries must reside in the same place or town as the court where they are to perform their services.
Public defenders, notaries public and conservators must be Chilean and meet the same requirements as for judges.
Archivists and arbitrators at law must be lawyers, therefore, they must be Chilean natural persons. Colombian lawyers may participate in an arbitration when Colombian law is involved and the parties to the arbitration so request.
Only Chilean natural persons 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 natural persons and foreigners with definitive residence in Chile or Chilean legal entities may be public auctioneers.
To be a bankruptcy trustee it is necessary to hold a technical or professional degree awarded by a university, a professional institute or a technical training centre recognised by Chile. Bankruptcy trustees must have at least three (3) years' experience in commercial, economic or legal areas and be duly authorised by the Minister of Justice and may only work in the place of their residence.
Sector: Specialised Services
Subsector: Customs Agents and Brokers
Obligations Concerned: National Treatment (Article 10.2)
Local Presence (Article 10.4)
Measures: Decreto con Fuerza de Ley 30 del Ministerio de Hacienda, Diario Oficial, April 13, 1983, Book IV.
Decree with Force of Law 2 of the Ministry of Finance, 1998.
Description: Cross Border Trade in Services
Only Chilean natural persons may provide the services of customs agents and customs brokers. These functions must be performed personally and diligently.
Sector: Investigative and security services
Subsector: Specialised services Armed security guards
Obligations Concerned: National Treatment (Article 10.2)
Measures: Decree 1.773 of the Ministry of the Interior, Official Journal, November 14, 1994.
Description: Cross-border trade in services
Only the Chileans can provide services as armed private guards.
Sector: Services services, fishing y hunting industrial, y recreational
Subsector:
Obligations Concerned: Local Presence (Article 10.4)
Measure: Law 17.798, Official Gazette, October 21, 1972, Title I.
Supreme Decree 77 of the Ministry of Defence, Diario Oficial, August 14, 1982.
Description: Cross-border trade in services
Persons in possession of arms, explosives or similar substances must apply for registration with the supervisory authority corresponding to their place of residence, for which purpose an application must be submitted to the General Directorate for National Mobilisation of the Ministry of Defence.
Any natural or legal person who is registered as an importer of fireworks may request authorisation for the import and entry into Chile of Group Nº3 from the General Directorate of National Mobilisation, and may even keep stocks of these elements for sale to persons authorised to carry out pyrotechnic shows.
The Supervisory Authority may only authorise a pyrotechnic display if there is a report for its installation, development and safety measures, signed and approved by a programmer registered in the national registers of the General Directorate of National Mobilisation or by a professional accredited by the General Directorate of National Mobilisation.
For the assembly and performance of the fireworks display, at least one fireworks handler registered with the Directorate-General must be present.
Sector: Transport
Subsector: Air transport
Obligations Concerned: National Treatment (Articles 9.2 and 10.2)
Most-Favoured-Nation Treatment (Articles 9.3 and 10.3) Local Presence (Article 10.4)
Senior Executives and Boards (Article 9.7)
Measures: Law 18.916, Diario Diario Oficial, February 8, 1990, Aeronautical Code, Titles, Preliminary, II and III
Decree Law 2.564, Official Journal, June 22, 1979, Commercial Aviation Regulations.
Supreme Decree 624 of the Ministry of Defence, Diario Oficial, January 5, 1995.
Law 16.752, Official Gazette, February 17, 1968, Title II.
Ministry of Defence Decree 34, Official Gazette, February 10, 1968.
Supreme Decree 102 of the Ministry of Transport and Telecommunications, Diario Oficial, June 17, 1981.
Supreme Decree 172 of the Ministry of Defence, Diario Oficial, March 5, 1974.
Supreme Decree 37 of the Ministry of Defence, Official Gazette, December 10, 1991.
Ministry of Defence Decree 234, Official Gazette, June 19, 1971.
Description: Investment and Cross-Border Trade in Services
Only a Chilean natural or legal person may register an aircraft in Chile. A juridical person must be incorporated in Chile with its main domicile and real and effective seat in Chile. In addition, the majority of its ownership must belong to Chilean natural or juridical persons, which in turn must comply with the above requirements.
The president, manager and the majority of the directors or administrators of the legal person must be Chilean.
Foreign-registered private aircraft engaged in non-commercial activities may not remain in Chile without authorisation from the Directorate General of Civil Aeronautics for more than thirty (30) days from the date of entry into the country. For greater certainty, this measure shall not apply to specialised air services as defined in Article 10.12 (Definitions), except in the case of glider towing services and parachuting services.
In order to work as a crew member of aircraft operated by a Chilean airline, foreign aeronautical personnel must first obtain a national licence with the respective qualifications that allow them to carry out their duties.
Foreign aeronautical personnel may exercise their activities in Chile only if the licence or rating granted in another country is recognised by the Chilean civil aeronautical authority as valid. In the absence of an international agreement regulating such recognition, it shall be carried out under conditions of reciprocity. In this case, it shall be demonstrated that the licences and ratings were issued or validated by the competent authority in the State of registration of the aircraft, that they are in force and that the requirements to extend or validate them are equal or superior to those established in Chile for similar cases.
Air transport services may be carried out by Chilean or foreign air carriers provided that, on the routes they operate, the other States grant similar conditions for Chilean air carriers, when they so request. The Civil Aeronautics Board, by a well-founded resolution, may terminate, suspend or limit cabotage services or other kinds of commercial air navigation services, which are carried out exclusively within the national territory by foreign companies or aircraft, if their country of origin does not effectively grant or recognise the right to equal treatment for Chilean companies or aircraft.
In order for foreign civil aircraft not engaged in commercial transport activities and those engaged in commercial air transport activities on a non-scheduled basis to have the right to enter Chilean territory, including its jurisdictional waters, to fly over it and to make stopovers therein for non-commercial purposes, they shall inform the Directorate General of Civil Aeronautics at least twenty-four hours in advance. Aircraft engaged in non-scheduled commercial air transport may not take on or leave passengers, cargo or mail in Chilean territory without prior authorisation granted by the Civil Aeronautics Board.
Sector: Transport
Subsector: Land road transport
Obligations Concerned: National Treatment (Article 10.2)
Most Favoured Nation Treatment (Article 10.3) Local Presence (Article 10.4)
Measures: Supreme Decree 212 of the Ministry of Transport and Telecommunications, Official Gazette, November 21, 1992.
Decree 163 from Ministry of Transport and Telecommunications, Official Journal, January 4, 1985.
Decree Supremo 257 of Ministry of Foreign Affairs, Official Gazette, October 17, 1991.
Description: Cross-border trade in services
Providers of land transport services shall register in the National Register by means of an application to be submitted to the Regional Ministerial Secretary of Transport and Telecommunications. In the case of urban services, interested parties shall submit the application to the Regional Secretary with jurisdiction in the locality where the service will be provided and, in the case of rural and interurban services, in the region corresponding to the domicile of the interested party. The application for registration shall specify the information required by law and shall include, among other information, a photocopy of the national identity card, duly authenticated and, in the case of legal persons, the public instruments proving their incorporation, name and address of the legal representative as well as the documents accrediting him/her as such. Foreign natural or legal persons authorised to provide international transport services in the territory of Chile may not carry out local transport services or participate, in any way, in such activities within the national territory.
Only companies with real and effective domicile and created under the laws of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay and Paraguay can provide international land transport services between these countries.
Additionally, in order to obtain a permit to provide international land transport services, in the case of foreign legal persons, more than fifty (50) percent of their capital and effective control of these legal persons must belong to nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.
Sector: Transport
Subsector: Water transport
Obligations Concerned: National Treatment (Article 9.2 and 10.2)
Most Favoured Nation Treatment (Article 9.3 and 10.3) Local Presence (Article 10.4)
Senior Executives and Boards (Article 9.7)
Measures: Decreto Ley 3.059, Diario Oficial, December 22, 1979, Ley de Fomento a la Marina Mercante, Titles I and II.
Decreto Supremo 24, Diario Oficial, March 10, 1986, Reglamento del Decreto Ley 3.059, Titles I and II.
Decreto Ley 2.222, Diario Oficial, May 31, 1978, Navigation Law, Titles I, II, III, IV and V.
Supreme Decree 153, Official Gazette, March 11, 1966, Approves the General Regulations for the Registration of Seafarers, River and Lake Personnel.
Code of Commerce, Book III, Titles I, IV and V
Ley 19.420, Diario Oficial, October 23, 1995, Establece incentivos para el desarrollo económico de las provincias de Arica y Parinacota y modifica cuerpos legales que indica, Título Disposiciones varias.
Description: Investment and Cross-Border Trade in Services
Only a Chilean natural or legal person may register a vessel in Chile. A juridical person must be incorporated with its main domicile and real and effective seat in Chile. The president, manager and the majority of the directors or administrators must be Chilean natural persons. In addition, more than fifty (50) per cent of its share capital must be held by Chilean natural or juridical persons. For these purposes, a juridical person holding an interest in another juridical person owning a vessel must comply with all the above requirements.
A community may register a vessel if (1) the majority of the co-owners are Chilean with domicile and residence in Chile; (2) the administrators are Chilean; and (3) the majority of the rights in the community belong to Chilean natural or legal persons. For these purposes, a legal person that is a co-owner of a vessel must meet all the above-mentioned requirements to be considered Chilean.
Special vessels owned by foreign natural or legal persons domiciled in Chile may, under certain conditions, be registered in Chile. For these purposes, a special vessel does not include a fishing vessel. The conditions required to register special vessels owned by foreign natural or juridical persons are the following: (1) domicile in Chile; (2) principal place of business in the country; or (3) permanently exercising a profession or industry in Chile. The maritime authority may, for reasons of national security, impose special rules restricting their operations.
The maritime authority may grant better treatment on the basis of the principle of reciprocity.
Foreign vessels must use pilotage, anchoring and port pilotage services when required by the maritime authorities. Only Chilean flag tugboats may be used for towing or other manoeuvres in Chilean ports.
To be a captain, it is necessary to be Chilean and hold the title of captain conferred by the corresponding authority. To be an officer of Chilean vessels, it is necessary to be a Chilean natural person and to be registered in the Register of Officers. To be a crew member of Chilean vessels, it is necessary to be Chilean, possess a registration or permit granted by the Maritime Authority and be registered in the respective Register. Professional qualifications and licences granted in a foreign country shall be valid for serving as an officer on national vessels when the Director so orders by a resolution stating the grounds.
The ship's master must be Chilean. The ship's master is the natural person who, in possession of the title of master granted by the Director, is qualified to command small vessels and certain special larger vessels.
Only Chileans or foreigners domiciled in Chile may work as fishing skippers, motor mechanics, motorists, motorists, seamen, fishermen, fishermen, employees or technical workers in maritime industries or commerce and as crew members of industrial and general service crews on factory or fishing vessels when requested by the shipowners because they are indispensable for the initial organisation of the work.
In order to fly the national flag, the ship's master, officers and crew must be Chilean. However, the Directorate General of Maritime Territory and Merchant Marine, by means of a well-founded resolution and on a transitory basis, may authorise the hiring of foreign personnel when indispensable, except for the captain, who shall always be Chilean.
To work as a multimodal operator in Chile, it is necessary to be a Chilean natural or legal person.
Cabotage is reserved to Chilean vessels. Cabotage shall be understood as the maritime, river or lake transport of passengers and cargo between different points of the national territory, and between these and naval vessels installed in the territorial sea or in the Exclusive Economic Zone.
Foreign merchant vessels may participate in cabotage in the case of cargo volumes exceeding nine hundred (900) tons, following a public tender carried out by the user and duly convened in advance. In the case of cargo volumes equal to or less than nine hundred (900) tons and where there are no vessels available under the Chilean flag, the Maritime Authority shall authorise the loading of such cargoes on foreign merchant vessels. The cabotage reservation for Chilean vessels shall not apply in the case of cargoes coming from or bound for ports in the Province of Arica.
In the event that Chile adopts, for reasons of reciprocity, a measure of cargo reservation in the international carriage of cargo between Chile and another non-Party, the cargo reserved for it shall be carried on vessels flying the Chilean flag or reputed as such.
Sector: Transport
Subsector: Water transport
Obligations concerned:
National Treatment (Articles 9.2 and 10.2) Local Presence (Article 10.4)
Senior Executives and Boards of Directors (Article 9.7)
Measurements: 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 Labour and Social Security, Official Journal 21 January 2000.
Decree 49 of the Ministry of Labour and Social Security, Official Journal 16 July 1999.
Labour Code, Book I, Title II, Chapter III, paragraph 2.
Description: Investment and Cross-Border Trade in Services
Ship agents or representatives of ship operators, owners or masters, whether natural or legal persons, must be Chilean nationals.
Port stevedoring and wharfage work carried out by natural persons is reserved to 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 constituted in the country and have their main domicile in Chile. The president, administrators, managers or directors must be Chilean. At least fifty (50) per cent of the share capital must belong to Chilean natural or legal persons. Such companies must appoint one or more proxies to act on their behalf, who must be Chilean.
Port workers must pass a basic port security course at a Technical Execution Body authorised by the National Training and Employment Service, in accordance with the rules set out in the respective regulation.
All those who land, tranship and, in general, make use of Chilean mainland or island ports, especially for fishing catches or fish catches processed on board, shall also be Chilean natural or legal persons.
Annex I . Colombia
Sector: All sectors
Subsector:
Obligations corcerned: Local Presence (Article 10.4)
Measurements: Commercial Code, 1971 Art. 469, 471 and 474.
Description: Cross-border trade in services
A legal person incorporated under the laws of another country and with its principal place of business abroad must establish at least a branch in Colombia in order to develop a concession obtained from the Colombian State.
Sector: All sectors
Subsector:
Obligations concerned:
National Treatment (Articles 10.2) Performance Requirements (Article 9.6)
Measures: Código Sustantivo del Trabajo, 1993 Art. 74 and 75.
Description: Cross Border Trade in Services and Investment
Every employer who has more than ten (10) workers in his service must employ Colombians in a proportion of not less than ninety (90) per cent of the ordinary workers and not less than eighty (80) per cent of the qualified or specialist personnel or management or trust personnel.
At the request of the employer, this proportion may be reduced in the case of strictly technical and indispensable personnel and only for the time necessary to train Colombian personnel and through the obligation of the petitioner to provide the full training required for this purpose.
Sector: All sectors
Subsector: