Subsector:
Obligations concerned:
National Treatment (Articles 9.2 and 10.2 )
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure in relation to land transport of goods or persons within the territory of the Republic of Chile (cabotage). Such activities are reserved to Chilean legal or natural persons who must use Chilean vehicles.
Measures in force:
Sector: International Road Transport Road Transport
Subsector:
Obligations concerned:
National Treatment (Articles 9.2 and 10.2 )
Most Favoured Nation Treatment (Articles 9.3 and 10.3)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure with respect to Colombian natural or legal persons, in accordance with the provisions of the Agreement on International Land Transport (ATIT).
The provision of international land transport services from the territory of Chile is reserved to Chilean natural or juridical persons.
International transport companies established in Chile may not be more than forty-nine (49) per cent owned by foreigners.
Measures in force:
Sector: All Sectors
Obligations concerned:
Market Access (Article 10.5)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure related to Article 10.5, except for the following sectors and sub-sectors subject to the limitations and conditions listed below:
Legal services: For (a) and (c): None, except in the case of bankruptcy trustees who must be duly authorised by the Ministry of Justice, and may only work in the place where they reside. For (b): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Architectural services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Engineering services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Veterinary services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Services provided by midwives, nurses, physiotherapists and paramedical personnel: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Computer and related services: For (a),(b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Real estate services: Involving real estate owned or leased or on a fee or contract basis: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Rental or leasing services without operators, relating to ships, aircraft, any other transport equipment and other machinery and equipment: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Advertising, market research and public opinion polling services, management consultancy services related to those of management consultants, and technical testing and analysis: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Services related to agriculture, hunting and forestry: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Services related to mining, placement and supply of personnel, and research and security: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Maintenance and repair services of equipment (excluding ships, aircraft or other transport equipment), building cleaning services, photographic service, packing service and services provided on the occasion of assemblies and conventions: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Publishing and printing services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Domestic or international long-distance telecommunications services: For (a), (b), (c) and (d): Chile reserves the right to adopt or maintain any measure that is not inconsistent with its obligations under Article XVI of the GATS.
Intermediate telecommunications services, complementary telecommunications services, limited telecommunications services. For (a), (b) and (c): a concession granted by means of a Supreme Decree issued by the Ministry of Transport and Telecommunications is required for the installation, operation, and exploitation of public and intermediate telecommunications services in the territory of Chile. Only legal persons incorporated under Chilean law shall be eligible for such a concession.
An official pronouncement issued by the Undersecretariat for Telecommunications is required to carry out Complementary Telecommunications Services, which consist of additional services provided through the connection of equipment to public networks. Such a pronouncement refers to compliance with the technical standards established by the Undersecretariat of Telecommunications and the non-alteration of the essential technical characteristics of the networks and the use that they technologically allow, as well as the modalities of the basic service provided with them.
A permit issued by the Undersecretariat of Telecommunications is required for the installation, operation and development of limited telecommunications services.
International traffic must be routed through the facilities of a company holding a concession granted by the Ministry of Transport and Telecommunications.
For (d): No commitments, except as indicated in the restriction of the Labour Code.
Commission agent services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Wholesale trade services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Retail trade services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Franchise services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Repair services of personal and household goods: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Hotel and restaurant services (including contract catering), travel agencies and tour operators, tour guides: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Entertainment services (theatres, bands and orchestras, and circuses, services provided by authors, composers, sculptors, entertainers and other individual artists, amusement parks, and other similar amusement services, dance halls, discotheques and dance academies), news agencies, libraries, archives, museums and other cultural services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Sports services: For (a), (b) and (c): None, except that a specific type of legal entity is required for sports organisations carrying out professional activities. In addition, (1) no more than one team may participate with more than one team in the same category of a sport competition; (2) regulations may be established to prevent concentration of ownership of sport organisations; and (3) minimum capital requirements may be imposed. Para (d): No commitments, except as indicated in the restriction of the Labour Code.
Services for the operation of facilities for competitive sports and leisure sports: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Recreational park services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Road transport services: rental of commercial vehicles with driver, maintenance and repair of road transport equipment, road, bridge and tunnel services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Ancillary services in relation to all modes of transport: loading and unloading services, warehousing, freight forwarding services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Pipeline transport services (transport of fuels and other products): For (a), (b) and (c): None, except that the service must be supplied by a juridical person constituted under Chilean law and the supply of the service may be subject to a concession on national treatment terms. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Aircraft repair and maintenance services: For (a): No commitments. For (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Air transport sales and marketing services, computer reservation system services, specialised air services (1) : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Natural science research and development services: For (a) and (c): None, except that an operations permit is required and the State Borders and Boundaries Directorate may arrange for one or more representatives of relevant Chilean activities to join the expedition in order to participate in and learn about the studies and their scope. For (b): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Research and development services in the social sciences and humanities: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labour Code.
Interdisciplinary research and development services: For (a) and (b): None. For (c): None, except that an operating permit is required. For (d): No commitments, except as indicated in the restriction of the Labour Code.
For the purposes of these non-conforming measures:
1. (a) concerns the supply of a service from the territory of one Party into the territory of the other Party;
2. (b) refers to the supply of a service in the territory of a Party by a person of that Party to a person of the other Party;
3. (c) relates to the supply of a service in the territory of a Party by an investor of the other Party or a covered investment; and
4. (d) refers to the supply of a service by a national of a Party in the territory of the other Party.
Annex II . Colombia
Sector: Some sectors
Subsector:
Obligations concerned:
Market Access (Article 10.5)
Description: Cross-border trade in services
Colombia reserves the right to adopt or maintain any measure imposing limitations on:
• research and security services and research and development services;
• the establishment of exclusive service areas for services related to energy and fuel gas distribution so as to ensure the provision of universal service;
• distribution services - wholesale and retail commercial services in sectors in which the government establishes a monopoly, in accordance with Article 336 of the Political Constitution of Colombia, with revenues dedicated for public or social service. As of the date of signature of this agreement, Colombia has established monopolies only with respect to liquor and gambling;
• primary and secondary education services, and the requirement of a specific type of legal entity form for higher education services;
• environment-related services that are established or maintained in the public interest;
• health and social services and health-related professional services;
• library, archive and museum services;
• sports and other recreational services;
• the number of concessions and the total number of operations for passenger transport services by road, passenger and freight transport services by rail, passenger and freight transport services by
pipelines, ancillary services in relation to all means of transport and other transport services;
For greater certainty, no measure shall be inconsistent with Colombia's obligations under Article XVI of the GATS.
Measures in force:
Sector: All sectors
Subsector:
Obligations concerned:
National Treatment (Article 9.2)
Description: Investment
Colombia reserves the right to adopt or maintain measures related to the ownership of real estate by foreigners in the border regions, national coasts or island territory.
For the purposes of this sheet:
(a) Border region is an area two (2) kilometres wide, parallel to the boundary line;
(b) National Seashore is an area two (2) kilometres wide, parallel to the line of the highest tide; and
(c) Insular territory means the islands, islets, cays, keys, morros and banks that are part of the territory of Colombia.
Measures in force:
Sector: Social Services
Subsector:
Obligations concerned:
Market Access (Article 10.5) National Treatment (Articles 9.2 and 10.2)
Most-Favoured-Nation Treatment (Articles 9.3 and 10.3) Local Presence (Article 10.4)
Performance Requirements (Article 9.6) Senior Executives and Boards (Article 9.7)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure with respect to the application and enforcement of laws and the provision of correctional services, and of the following services to the extent that they are social services that are established or maintained in the public interest: social rehabilitation, income insurance or security, social security services, social welfare, public education and training, health and child care.
For greater certainty, the comprehensive social security system in Colombia is currently comprised of the following mandatory systems: the General Pension System, the General System of Social Security in Health, the General System of Professional Risks and the Unemployment and Unemployment Assistance Scheme.
Measures in force:
Sector: Minority and ethnic affairs
Subsector:
Obligations concerned:
Market Access (Article 10.5) National Treatment (Articles 9.2 and 10.2)
Most Favoured Nation Treatment (Articles 9.3 and 10.3) Local Presence (Article 10.4)
Performance Requirements (Article 9.6) Senior Executives and Boards (Article 9.7)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and their ethnic groups, including with respect to communal lands owned by ethnic groups in accordance with Article 63 of the Constitution. The ethnic groups in Colombia are: the indigenous and ROM (gypsy) peoples, the Afro-Colombian communities and the Raizal community of the Archipelago of San Andrés, Providencia and Santa Catalina.
Measures in force:
Sector: Industries and cultural activities
Subsector:
Obligations concerned:
National Treatment (Articles 9.2 and 10.2)
Most-Favoured-Nation Treatment (Articles 9.3 and 10.3)
Description: Investment and Cross-Border Trade in Services
For the purposes of this factsheet, the term "cultural industries and activities" means:
(a) Publishing, distribution, or sale of books, magazines, periodicals, or electronic or printed newspapers, excluding the printing or typesetting of any of the foregoing;
(b) Production, distribution, sale or exhibition of film or video recordings;
(c) Production, distribution, sale or exhibition of musical recordings in audio or video format;
(d) Production and presentation of performing arts;
(e) Production or exhibition of visual arts;
(f) Production, distribution or sale of printed music, or machine-readable music;
(g) Design, production, distribution and sale of handicrafts;
(h) Broadcasting to the general public, as well as all radio, television and activities related to cable television, satellite television and broadcasting networks; or
(i) Creation and design of advertising content.
Colombia reserves the right to adopt or maintain any measure granting preferential treatment to persons from other countries through any treaty, between Colombia and such countries, containing specific commitments on cultural cooperation or co-production, with respect to cultural industries or activities.
For greater certainty, Articles 9.2, 9.3 or Chapter 10 (Cross-Border Trade in Services) do not apply to "government support" (1) for the promotion of cultural industries or activities.
Colombia may adopt any measure that accords to a person of another Party the treatment that is accorded to persons in the Colombian audiovisual, music or publishing sectors by that other Party.
Measures in force:
Sector: Jewellery design Performing arts Music
Visual arts Audiovisuals Publishing
Subsector:
Obligations concerned:
National Treatment (Article 10.2) Performance Requirements (Article 9.6)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support (1) for the development and production of jewellery design, performing arts, music, visual arts, audiovisual and publishing, on the recipient achieving a given level or percentage of domestic creative content.
Measures in force:
Sector: Cottage industries