5. If a matter arises within a dispute as to whether there is inconsistency between a taxation agreement and this Additional Protocol, the matter must be referred to the designated authorities of the Parties involved in the dispute. The designated authorities shall review the matter and decide whether such inconsistency exists. If within six months of submitting the matter to the designated authorities, they make a decision on the measure which is the origin of the dispute, no proceedings related to this measure may be initiated under Article 17.7 (Establishment of a Panel of Arbitrators) and no complaint may be submitted on the measure under Article 10.16 (Submission of a Claim to Arbitration).
6. Furthermore, no proceedings or claims related to the measure may be initiated while the matter is under consideration by the designated authorities. Where the matter has been referred to the designated authorities and they have not resolved it within six months of said referral, the tribunal with jurisdiction over the complaint shall decide on the matter only with regard to the existence of the inconsistency.
7. Notwithstanding paragraph 3:
(a) Article 3.3 (National Treatment) and other provisions of this Additional Protocol that are necessary to give effect to that Article shall apply to the taxation measures to the same extent as Article Ill of the GATT of 1994; and
(b) Article 3.10 (Taxes, Levies or Export Charges) applies to taxation measures.
8. Subject to paragraph 3: (a) Articles 9.3 (National Treatment), 11.3 (National Treatment) and 11.6 (Cross-Border Trade) apply to the taxation measures on income, capital gains or taxable capital of enterprises related to the purchase or consumption of specific services, except if no provision in this subparagraph prevents a Party from conditioning the receipt or continued receipt of an advantage related to the purchase or consumption of specific services to the requirement of supplying a service in its territory; and
(b) Articles 9.3 (National Treatment), 9.4 (Most Favoured Nation Treatment), 10.4 (National Treatment) and 10.5 (Most Favoured Nation Treatment), 11.3 (National Treatment) and 11.4 (Most Favoured Nation Treatment) apply to all taxation measures except for taxation on income, capital gains or taxable capital of enterprises, wealth tax, successions and generation-skipping transfers;
However no provision in the Articles referred to in subparagraphs (a) and (b) shall apply:
(a) To a most favoured nation treatment with regard to an advantage granted by a Party under any taxation agreement;
(b) To a non-conforming provision of any existing taxation measure;
(c) To the continuation or prompt renewal of a non-conforming provision of any existing taxation measure;
(d) To a reform of a non-conforming measure of any existing taxation measure, insofar as it does not reduce its level of conformity, at the time of implementation, with any of those Articles;
(e) To a new taxation measure intended to ensure the fair and effective application or collection of taxes (including, for greater certainty, any measure adopted by a Party to ensure compliance with their taxation system or to prevent tax evasion or tax avoidance) that does not arbitrarily discriminate between individuals, goods or services of the Parties; (2)
(f) To a provision that conditions the receipt, or continued receipt of an advantage related to fiduciary pension fund or pension plan contributions, or to income generated by said funds or plans, provided that the Party maintains continued jurisdiction over the fiduciary pension fund or pension plan or other like arrangement; or
(g) To any specific tax on insurance premiums introduced by a Party to the extent that the tax is covered, for another Party, by one of subparagraphs (d), (e) or (f).
9. Subject to the provisions of paragraph 3, and notwithstanding the rights and obligations of the Parties as set out in paragraph 4, Articles 10.8.2, 10.8.3 and 10.8.4 (Performance Requirements), shall apply to taxation measures.
10. Article 10.12 (Expropriation and Compensation) shall apply to taxation measures. However, no investor may invoke Article 10.12 (Expropriation and Compensation) as the grounds for a complaint when in accordance with this paragraph it has been determined that the measure does not constitute expropriation. An investor that intends to invoke Article 10.12 (Expropriation and Compensation) in relation to a taxation measure must first submit the issue of whether the measure constitutes an expropriation, at the same time as that investor submits notice of intention to submit a claim to arbitration to the designated authorities pursuant to Article 10.16 (Submission of a Claim to Arbitration). If within six months of the matter being submitted the designated authorities fail to reach agreement on whether the measure constitutes an expropriation, the investor may submit a claim to arbitration in accordance with Article 10.16 (Submission of a Claim to Arbitration).
11. For the purposes of this Article, designated authorities means:
(a) In the case of Chile, the Undersecretariat of Finance, or its successor;
(b) In the case of Colombia, the Technical Department of the Ministry of Finance and Public Credit, or its successor;
(c) In the case of Mexico, the Ministry of Finance and Public Credit, or its successor; and (d) In the case of Peru, the Ministry of Economy and Finance, or its successor.
Article 18.5. Disclosure of Information
No provision in this Additional Protocol shall be construed as compelling a Party to provide or give access to confidential information the disclosure of which may prevent compliance with its legislation, be contrary to the public interest, or hinder the legitimate commercial interests of particular public or private enterprises.
Article 18.6. Temporary Safeguard Measures
1. Nothing in this Additional Protocol shall be construed as preventing a Party from adopting or maintaining measures that restrict the transfers or payments from the current account in the event of serious balance of payment and external financial difficulties or a threat thereof.
2. Nothing in this Additional Protocol shall be construed as preventing a Party from adopting or maintaining measures that restrict the transfers or payments related to capital movements:
(a) In the event of serious balance of payment and external financial difficulties or a threat thereof; or
(b) When, in extraordinary circumstances, capital payments or transfers cause or threaten to cause serious difficulties in macro-economic management, in particular in monetary or foreign exchange policy.
3. Any measure that is adopted or maintained in accordance with paragraphs 1 and 2 must:
(a) Be applied in a non-discriminatory manner so that no Party receives a less favourable treatment than any other Party or non-Party;
(b) Be consistent with the Articles of Agreement of the International Monetary Fund;
(c) Prevent unnecessary damage to commercial, economic and financial interests of another Party;
(d) Not go beyond that which is necessary to overcome the circumstances set out in paragraphs 1 or 2; and
(e) Be temporary and progressively withdrawn as soon as the circumstances set out in paragraphs 1 and 2 improve.
4. With regard to trade of goods, no provision of this Additional Protocol shall be construed as preventing a Party from adopting measures to restrict importations in order to safeguard its external financial position or balance of payments. These measures which restrict importations must be consistent with the GATT of 1994 and the Understanding on Balance of Payments Provisions of the GATT of 1994.
5. With regard to trade in services, no provision in this Additional Protocol shall be construed as preventing a Party from restricting trade in order to safeguard its external financial position or balance of payments. These restrictive measures must be consistent with the GATS.
6. A Party that adopts or maintains measures in accordance with paragraphs 1, 2, 4 or 5 must:
(a) Provide prior notice of the measures adopted or maintained to the other Parties, including any modification thereof; and
(b) Promptly commence consultations with the other Parties to review the measures that it has previously maintained or adopted:
(i) In the case of capital movements, respond to any other Party that makes an enquiry on the measures adopted by the former Party, provided that said enquiry is not made outside the framework of this Additional Protocol.
(ii) In the case of current account transactions, provided that consultations related to the measures adopted are not carried out before the WTO, a Party must, if required to, promptly commence consultations with any interested Party.
Annex 18-A. SECURITY
1. Notwithstanding the provisions of Article 18.3 (Essential Security), and in the case of Peru and the respective contracting Party as mentioned below, and with regard to Chapters 10 (Investment) and 11 (Financial Services), with the exception of Article 11.6 (Cross-Border Trade), the following is applied, mutatis mutandis:
(a) In the case of Peru and Chile, Article 17.2 (Essential Security) of the Chapter on Exceptions to the Free Trade Agreement between both Parties, in force since 1 January 2009, which modifies and substitutes ECA No. 38 signed between both Parties;
(b) In the case of Peru and Colombia, Article 8.4 (b) (General Exceptions) of the Agreement on Promotion and Reciprocal Protection of Investments between both Parties, in force since 30 December 2010; and
(c) In the case of Peru and Mexico, Article 18.2 (National Security) of the Chapter on Exceptions to the Trade Integration Agreement between both Parties, in force since 1 February 2012.
2. In the event of the accession of a new State to this Additional Protocol, this Annex shall be updated in the respective Accession Protocol to incorporate the exceptions on security applicable between Peru and the acceding State with regard to the obligations contained in Chapters 10 (Investment) and 11 (Financial Services) with the exception of Article 11.6 (Cross- Border Trade).
Chapter 19. FINAL PROVISIONS
Article 19.1. Annexes, Appendices and Footnotes
The annexes, appendices and footnotes of this Additional Protocol constitute an integral part thereof.
Article 19.2. Depository
The Republic of Colombia shall be the depository of this Additional Protocol.
Article 19.3. Entry Into Force
1. The entry into force of this Additional Protocol shall be subject to compliance with the internal legal procedures of each Party.
2. This Additional Protocol shall enter into force on the first day of the third month following the date on which the Depository receives final notification from each Party to the effect that the procedures cited in paragraph 1 have been completed, or on any other date that the Parties may agree to.
3. Without prejudice to the provisions of paragraph 2, Colombia may enact provisional application of this Additional Protocol prior to its entry into force, pursuant to its internal legislation and international law.
Article 19.4. Amendments
1. The Parties may enact any amendment in writing to this Additional Protocol.
2. Any such amendment to this Additional Protocol shall enter into force and form part thereof, pursuant to the procedure set down in Article 19.3.
Article 19.5. Amendments to the WTO Agreement
Should any provision of the WTO Agreement which the Parties have incorporated into this Additional Protocol be amended, the Parties shall hold consultations with a view to assessing the appropriateness of amending the relevant provision of this Additional Protocol.
Article 19.6. Termination
1. None of the Parties may terminate this Additional Protocol with having terminated the Framework Agreement of the Pacific Alliance.
2. Termination of the Framework Agreement of the Pacific Alliance shall bring about termination of this Additional Protocol pursuant to the provisions of Article 16 of said Agreement.
3. Without prejudice to the provisions of paragraphs 1 and 2, Chapter 10 (Investment) shall remain in force for a period of five years counted from termination of this Additional Protocol, with respect to investments made at least one year prior to the date of said termination.
Article 19.7. Accession
The accession of other States to this Additional Protocol shall take effect 60 days after receipt of the instrument of accession, pursuant to the provisions of Article 11 of the Framework Agreement of the Pacific Alliance.
Article 19.8. Reservations
No reservations may be made against this Additional Protocol.
Conclusion
Signed in the Cultural and Tourist District of Cartagena de Indias, Republic of Colombia on 10 February 2014, in one original copy, in the Spanish language, to be held in the custody of the Depository, which shall provide each Party with duly authenticated copies of this Additional Protocol
FOR THE REPUBLIC OF COLOMBIA
[signed] JUAN MANUEL SANTOS CALDERÓN
FOR THE GOVERNMENT OF THE REPUBLIC OF CHILE
[signed] SEBASTIAN PIÑERA ECHENIQUE
FOR THE UNITED MEXICAN STATES
[signed] ENRIQUE PEÑA NIETO
FOR THE REPUBLIC OF PERU
[signed] OLLANTA HUMALA TASSO
Attachments
Annex I. EXPLANATORY NOTES
1. A Party's Schedule indicates, in accordance with Articles 9.7 (Non-Conforming Measures) and 10.10 (Non-Conforming Measures), a Party's existing measures that are not subject to some or all of the obligations imposed by:
(a) Articles 9.3 (National Treatment) or 10.4 (National Treatment);
(b) Articles 9.4 (Most-Favored-Nation Treatment) or 10.5 (Most-Favored-Nation Treatment);
(c) Article 9.5 (Local Presence);
(d) Article 9.6 (Market Access); (e) Article 10.8 (Performance Requirements), or (f) Article 10.9 (Senior Management and Boards of Directors).
2. Each tab in the Annex sets out the following elements:
(a) Sector refers to the sector in general for which the record has been made;
(b) Sub-sector refers to the specific sector for which the record has been made;
(c) Obligations Affected specifies the obligation(s) referred to in paragraph 1 that, by virtue of Articles 9.7.1(a) (Non-Conforming Measures) and 10.10.1(a) (Non-Conforming Measures), do not apply to the listed measure(s);
(d) Level of government indicates the level of government that maintains the measures on which a reservation is taken;
(e) Measures identifies the laws, regulations or other measures, as qualified, where indicated, by the Description element in respect of which the record has been made. A measure cited in the Measures element: (i) means the measure as amended, continued or renewed as of the date of entry into force of this Additional Protocol, and (ii) includes any action subordinate to, adopted or maintained under the authority of, and consistent with, such action, and
(f) Description provides a general description of the Measures.
3. In interpreting a fiche, all elements of the fiche shall be considered. A fiche shall be interpreted in the light of the relevant provisions of the Chapters against which the record is taken. The Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements, considered as a whole, is so substantial and significant that it would be unreasonable to conclude that the Measures element should prevail; in this case, the other elements shall prevail to the extent of the discrepancy.
4. In accordance with Articles 9.7.1 (a) (Non-Conforming Measures) and 10.10.1 (a) (Non-Conforming Measures), the Articles of this Additional Protocol specified in the Affected Obligations element of a tab do not apply to the law, regulation or other measure identified in the Measures element of that tab.
5. Where a Party maintains a measure requiring a service supplier to be a national, permanent resident or resident in its territory as a condition for the supply of a service in its territory, an Annex tab made for that measure in connection with Articles 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment) or 9.5 (Most-Favored-Nation Treatment) shall be deemed to have been applied. 9.5 (Local Presence) shall operate as a tab of the Annex in relation to Articles 9.5 (Local Presence). 10.4 (National Treatment), 10.5 (Most-Favored-Nation Treatment) or 10.8 (Performance Requirements) with respect to such a measure.
6. For the purposes of this Additional Protocol, the Parties understand that:
(a) formalities enabling the conduct of business, such as measures requiring: registration in accordance with their respective legislation, an address, legal representation, an operating license or permit, need not be listed in Annexes I and II with respect to Articles 9.3 (National Treatment) and 10.4 (National Treatment), or 9.5 (Local Presence) of this Additional Protocol, provided that the measure does not impose a requirement to establish an operational office or other ongoing business presence as a condition for the provision of service in the country;
(b) the extractive fishing activity is not considered a service and therefore does not need to be listed in Annexes I and II with respect to the obligations of Chapter 9 (Cross-Border Trade in Services);
(c) a measure requiring nationality for captains of aircraft and seagoing vessels is not considered a non-conformity with respect to Article 10.9 (Senior Executives and Boards of Directors) and therefore need not be listed in Annexes I and II;
(d) a measure requiring nationality for workers in general, including crew and workers in maritime and air services companies, is not considered a non-conformity with respect to Article 10.8 (Performance Requirements) and therefore does not need to be listed in Annexes I and II;
(e) the requirement to establish in the country to obtain a concession or for the development of a concession is not considered a non-conformity with respect to Article 9.5 (Local Presence) and therefore does not need to be listed in Annexes I and II, and
(f) measures regulating the structure of public utilities, such as restrictions on vertical integration, will not be considered non-compliant with the obligation of Article 9.6 (Market Access), and therefore do not need to be listed in Annexes I and II.
Annex I. List of Chile
1. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Central Measurements: Decree Law 1939, Official Gazette, November 10, 1977, Rules on the acquisition, administration and disposal of State property, Title I. Decree with Force of Law 4, of the Ministry of Foreign Affairs, Official Gazette, November 10, 1967. Description: Investment Ownership or any other type of right over "State lands" may only be obtained by Chilean natural or juridical persons, unless the corresponding legal exceptions apply, such as Decree Law 1939. State lands for these purposes comprise State-owned lands up to a distance of 10 kilometers from the border and up to a distance of 5 kilometers from the coast. Real estate located in areas declared "border zone" by virtue of Decree with Force of Law 4, of 1967, of the Ministry of Foreign Affairs, may not be acquired in domain or any other title by: (1) natural persons with nationality of border countries; (2) legal persons with their principal place of business in a border country; (3) legal persons with 40% or more of their capital belonging to natural persons with nationality of border countries, or (4) legal persons whose effective control is exercised by such natural persons. Notwithstanding the above The aforementioned limitation may be waived by Supreme Decree of the President of the Republic based on reasons of national interest.
2. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Central Measurements: Decree with Force of Law 1, of the Ministry of Labor and Social Security, Official Gazette, January 24, 1994, Labor Code, Preliminary Title, Book I, Chapter III. Description: Cross-Border Trade in Services At least 85% of the workers of the same employer must be Chilean individuals. This rule applies to employers with more than 25 workers with an employment contract (1) . Technical expert personnel will not be subject to this provision, as determined by the General Labor Directorate. A worker shall be understood as any natural person who renders intellectual or material services, under dependence or subordination, by virtue of an employment contract.
3. Sector: Services Provided to Companies Subsector: Research services Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Supreme Decree 711, of the Ministry of Defense, Official Gazette, October 15, 1975. Description: Cross-Border Trade in Services Foreign natural and legal persons wishing to carry out research in the 200-mile maritime zone under national jurisdiction must submit a request six months prior to the date they intend to start the research to the Hydrographic Institute of the Chilean Navy, and comply with the requirements established by the respective regulation.
4. Sector: Services Provided to Companies Subsector: Research services Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Decree with Force of Law 11, of the Ministry of Foreign Affairs, Official Gazette, December 5, 1968. Decree 559, of the Ministry of Foreign Affairs, Official Gazette, January 24, 1968. Decree with Force of Law 83, of the Ministry of Foreign Affairs, Official Gazette, March 27, 1979. Description: Cross-Border Trade in Services Natural persons representing foreign juridical persons or natural persons domiciled abroad who wish to carry out explorations for scientific, technical or mountaineering work in border areas, shall request the corresponding authorization through a Chilean Consul in the country of domicile of the natural person, who shall immediately and directly forward it to the Directorate of Borders and Limits of the State. The Directorate of State Borders and Limits may arrange for the expedition to include one or more representatives of the relevant Chilean activities, in order to participate in and become acquainted with the studies to be carried out. The Operations Department of the Directorate of State Borders and Limits must decide and inform whether it authorizes or rejects geographic or scientific explorations planned to be carried out by foreign persons or organizations in Chile. The National Directorate of Frontiers and Boundaries of the State must authorize and control any exploration for scientific, technical or mountaineering purposes that foreign persons or organizations wish to carry out in border areas. foreign legal entities or natural persons domiciled abroad.
5. Sector: Services Provided to Companies Subsector: Social science research services Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Law 17.288, Official Gazette, February 4, 1970, Title V. Supreme Decree 484, Ministry of Education, Official Gazette, April 2, 1991. Description: Cross-Border Trade in Services Foreign natural or legal persons wishing to carry out anthropological, archeological or paleontological excavations, surveys, soundings and/or collections must request the corresponding permit from the National Monuments Council. It is a precondition for the permit to be granted that the person in charge of the research belongs to a reliable foreign scientific institution and that he/she works in collaboration with a Chilean state or university scientific institution. Permits may be granted to: (1) Chilean researchers with scientific archaeological, anthropological or paleontological training, as appropriate, duly accredited, who have a research project and proper institutional sponsorship, and (2) foreign researchers, provided they belong to a reliable scientific institution and work in collaboration with a Chilean state or university scientific institution. Curators and directors of museums recognized by the Consejo de Monumentos Nacionales, professional archaeologists, anthropologists or paleontologists, as appropriate, and members of the Sociedad Chilena de Arqueología shall be authorized to carry out salvage operations. Salvage operations are the urgent recovery of archaeological, anthropological or paleontological data or species threatened with extinction. imminent loss.
6. Sector: Services Provided to Companies Subsector: Printing, publishing and associated industries Obligations Affected: Level of government: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Central Measurements: Law 19.733, Official Gazette, June 4, 2001, Law on Freedom of Opinion and Information and the Practice of Journalism, Titles I and III. Description: Investment and Cross-Border Trade in Services The owner of a means of social communication, such as newspapers, magazines, or texts published on a regular basis with editorial direction in Chile, or a national news agency, in the case of a natural person, must have a duly established domicile in Chile and, in the case of a legal entity, must be incorporated with domicile in Chile or have an agency authorized to operate within the national territory. Only Chileans may be presidents, administrators or legal representatives of the legal entity. The legally responsible director and the person who replaces him must be a Chilean with domicile in Chile. residence in Chile.
7. Sector: Communications Subsector: Obligations Affected: Level of government: National Treatment (Article 9.3 and Article 10.4) Most-Favored-Nation Treatment (Article 9.4 and Article 10.5) Local Presence (Article 9.5) Performance Requirements (Article 10.8) Senior Executives and Boards of Directors (Article 10.9) Central Measurements: Law 18.838, Official Gazette, September 30, 1989, National Television Council, Titles I, II and III. Law 18.168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II and III. Law 19.733, Official Gazette, June 4, 2001, Law on Freedom of Opinion and Information and the Practice of Journalism, Titles I and III. Description: Investment and Cross-Border Trade in Services The owner of a means of social communication, such as image and sound transmissions or a national news agency, in the case of a natural person, must have a duly established domicile in Chile, and, in the case of a juridical person, must be incorporated with domicile in Chile or have an agency authorized to operate within the national territory. Only Chileans may be presidents, managers, administrators or representatives of the legal entity. In the case of free-to-air radio broadcasting services, the majority of the members of the board of directors must be Chilean. The legally responsible director and the person who replaces him must be Chilean with domicile and residence in Chile. Applications for a free reception sound broadcasting concession, filed by a legal entity in which more than 10% of its capital stock is held by foreigners, will be granted only if it is previously proven that Chilean nationals are granted similar rights and obligations in the applicant's country of origin as those that the applicant will enjoy in Chile. The National Television Council may establish a general requirement of up to 40% of Chilean production in programs that are to be produced in Chile. The channels of free-to-air television broadcasting services transmit. Only legal entities of public or private law, incorporated in Chile and domiciled in the country, may hold or use, in any capacity, permits for limited radio broadcasting telecommunication services. The presidents, managers or legal representatives must be Chilean. Only legal entities of public or private law, incorporated in Chile and domiciled in the country, may hold or make use of permits for limited cable or microwave television services in any capacity. The presidents, directors, managers, administrators and legal representatives of the juridical person shall be Chilean. I-
8. Sector: Energy Subsector: Obligations Affected: National Treatment (Article 10.4) Performance Requirements (Article 10.8) Level of government: Central Measurements: Political Constitution of the Republic of Chile, Chapter III. Law 18,097, Official Gazette, January 21, 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III. Law 18.248, Official Gazette, October 14, 1983, Mining Code, Titles I, II and III. Law 16.319, Official Gazette, October 23, 1965, creates the Chilean Nuclear Energy Commission, Titles I, II and III. Description: Investment The exploration, exploitation and benefit of liquid or gaseous hydrocarbons, deposits of any kind existing in maritime waters subject to national jurisdiction and those located totally or partially in determined areas of importance for national security with mining effects, whose qualification shall be made exclusively by law, may be the object of administrative concessions or special operating contracts, with the requirements and under the conditions that the President of the Republic shall establish, for each case, by Supreme Decree. For greater certainty, it is understood that the term benefit does not include the storage, transportation or refining of the energetic material referred to in this paragraph. The production of nuclear energy for peaceful purposes may only be carried out by the Chilean Nuclear Energy Commission or, with its authorization, jointly with third parties. If the Commission determines that it is advisable to grant such authorization, shall determine its terms and conditions.
9. Sector: Fishing Subsector: Aquaculture Obligations Affected: National Treatment (Article 10.4) Level of government: Central Measurements: Law 18.892, Official Gazette, January 21, 1992, General Law on Fisheries and Aquaculture, Titles I and VI. Description: Investment A concession or authorization is required for the use of beaches, beach lands, portions of water and seabed to carry out aquaculture activities. Only Chilean natural persons or juridical persons constituted under Chilean law and foreigners with a definitive residence permit may hold an authorization or concession to carry out aquaculture activities.
10. Sector: Fishing and Fishing-Related Services Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Measurements: Law 18.892, Official Gazette, January 21, 1992, General Law of Fisheries and Aquaculture, Titles I, III, IV and IX. Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I and II. Description: Investment and Cross-Border Trade in Services To harvest and capture hydrobiological species in Chile's inland waters, territorial sea and Exclusive Economic Zone, a permit granted by the Undersecretariat of Fisheries is required. Only Chilean natural persons or legal entities constituted under Chilean law and foreigners with permanent residence may hold a permit to harvest and capture hydrobiological species. Only Chilean vessels may carry out fishing in internal waters, territorial sea or in Chile's Exclusive Economic Zone. Chilean vessels are those defined as such in the Navigation Law. Access to industrial extractive fishing activities is subject to prior registration of the vessel in Chile. Only a Chilean natural or juridical person may register a vessel in Chile. A juridical person must be incorporated with its principal 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 50% of its capital stock must be held by Chilean natural or juridical persons. For these purposes, a juridical person that has an interest in another juridical person that owns a vessel must comply with all the aforementioned requirements. A joint ownership (comunidad) may register a vessel if (1) the majority of the joint ownership is Chilean with domicile and residency in Chile; (2) the administrators are Chilean natural persons; and (3) the majority of the rights of the joint ownership (comunidad) belong to a Chilean natural or juridical person. For these purposes, a juridical person with ownership participation in a joint ownership (comunidad) that owns a vessel has to comply with all the requirements mentioned above. An owner (natural or juridical person) of a fishing vessel registered prior to June 30, 1991 shall not be subject to the nationality requirement mentioned above. Fishing vessels so authorized by the maritime authorities, pursuant to powers conferred by law in case of reciprocity granted to Chilean vessels by other States, may be exempted from the above requirements, under conditions equivalent to those granted to Chilean vessels by that State. Access to artisanal fishing will be subject to registration in the Artisanal Fishing Registry. Only Chilean natural persons, foreign natural persons with permanent residence in Chile or a legal entity constituted by the aforementioned natural persons may register to carry out artisanal fishing.
11. Sector: Mining Subsector: Obligations Affected: Level of government: National Treatment (Article 10.4) Performance Requirements (Article 10.8) Central Measurements: Political Constitution of the Republic of Chile, Chapter III. Law 18,097, Official Gazette, January 21, 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III. Law 18.248, Official Gazette, October 14, 1983, Mining Code, Titles I and III. Law 16.319, Official Gazette, October 23, 1965, creates the Chilean Nuclear Energy Commission, Titles I, II and III. Description: Investment The exploration, exploitation and benefit of lithium, deposits of any kind existing in maritime waters subject to national jurisdiction and deposits of any kind located totally or partially in determined areas of importance for national security with mining effects, whose qualification will be made exclusively by law, may be the object of administrative concessions or special operating contracts, with the requirements and under the conditions that the President of the Republic establishes, for each case, by supreme decree. For greater certainty, Chile has, at the usual market price and terms, the right of first option to purchase mining products originating from operations developed in the country in which thorium or uranium have a significant presence. For greater certainty, Chile may require producers to separate from mineral products the portion of: (1) liquid or gaseous hydrocarbons; (2) lithium; (3) deposits of any species existing in maritime waters under national jurisdiction, and (4) deposits of any kind located in whole or in part in areas determined to be of national security significance with mining effects, whose qualification will be made exclusively by law, that are present in significant quantities in such products and that can be economically and technically separated for delivery or sale on behalf of the State. For these purposes, the economic and technical separation implies that the costs incurred in the recovery of the four substances mentioned above, through an adequate technical procedure, and in their commercialization and delivery, must be less than their commercial value. Natural atomic materials and extracted lithium, as well as concentrates, derivatives and compounds thereof, may not be the object of any legal act, except when executed or entered into by the Chilean Nuclear Energy Commission, with the latter or with its prior authorization. If the Commission determines that it is advisable to grant such authorization, it shall determine its conditions.
12. Sector: Professional Services Subsector: Accounting, financial auditing and bookkeeping services Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Central Measurements: Law 18.046, Official Gazette, October 22, 1981, Corporations Law, Title V. Supreme Decree 587, Ministry of Finance, Official Gazette, November 13, 1982, Regulation of Corporations. Decree Law 1.097, Official Gazette, July 25, 1975, Titles I, II, III and IV. Decree Law 3,538, Official Gazette, December 23, 1980, Titles I, II, III and IV. Circular 2,714, October 6, 1992; Circular 1, January 17, 1989; Chapter 19 of the Updated Compilation of Rules of the Superintendency of Banks and Financial Institutions on external auditors. Circulars 327, June 29, 1983, and 350, October 21, 1983, issued by the Superintendency of Securities and Insurance. Description: Cross-Border Trade in Services The external auditors of financial institutions must be registered in the Register of External Auditors of the Superintendency of Banks and Financial Institutions and the Superintendency of Securities and Insurance. Only legal entities legally constituted in Chile as partnerships or associations and whose main line of business is auditing services may register in the Chilean Registry of Auditors.
13. Sector: Professional Services Subsector: Legal Services Obligations Affected: Level of government: National Treatment (Article 9.3) Central Measurements: Organic Code of Courts, Title XV Decree 110, of the Ministry of Justice, Official Gazette, March 20, 1979. Law 18.120, Official Gazette, May 18, 1982. Description: Cross-Border Trade in Services Only Chilean and foreign natural persons, who have completed all their studies in Chile, may practice law. Only attorneys may provide services such as sponsorship in matters before the courts of the Republic, and this translates into the obligation that the first presentation of each party must be sponsored by an attorney licensed to practice law. The following documents, among others, must be drafted by lawyers: deeds of incorporation, modification, rescission or liquidation of companies, liquidation of conjugal partnerships, division of assets, deeds of incorporation of legal personality, of associations of canalists, cooperatives, transaction contracts and contracts of issuance of bonds of corporations; and the sponsorship of the application for the granting of legal personality for corporations and foundations. None of these measures apply to foreign legal consultants practicing or advising on international law or on the law of any country in which that consultant is authorized to practice law.
14. Sector: Professional, Technical and Specialized Services Subsector: Services auxiliary to the administration of justice Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Central Measurements: Organic Code of the Courts, Titles XI and XII Regulations of the Real Estate Registry Registry, Titles I, II and III Law 18.118, Official Gazette, 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 Auxiliaries in the administration of justice must reside in the same place or city where the court where they will render their services is located. Public defenders, notaries public and conservators must be Chilean and meet the same requirements as for judges. Archivists, public defenders and legal arbitrators must be lawyers, therefore, they must be Chilean or foreign natural persons with residence in Chile, who have completed all of their legal studies in Chile. Lawyers from member countries of the Pacific Alliance may participate in an arbitration when their national legislation 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 become a bankruptcy trustee it is necessary to have a technical or professional degree from a university, a professional institute, or a technical training center recognized by Chile. Bankruptcy trustees must have at least three years' experience in commercial, economic or legal areas and be duly authorized by the Minister of Justice and may only work in the place of their residence.
15. Sector: Specialized Services Subsector: Customs Agents and Brokers Obligations Affected: Level of government: National Treatment (Article 9.3) Local Presence (Article 9.5) Central Measurements: Decree with Force of Law 30, of the Ministry of Finance, Official Gazette, April 13, 1983, Book IV. Decree with Force of Law No. 2, of the Ministry of Finance, 1998. Description: Cross-Border Trade in Services Only Chilean natural persons, with residence in Chile, may provide services as customs agents and customs brokers.
16. Sector: Investigation and Security Services Subsector: Specialized services Armed security guards Obligations Affected: Level of government: National Treatment (Article 9.3) Central Measurements: Decree 1,773, of the Ministry of the Interior, Official Gazette, November 14, 1994. Description: Cross-Border Trade in Services Only Chileans can provide services as armed private guards.
17. Sector: Sporting, Industrial Fishing and Hunting, and Recreational Services Subsector: Obligations Affected: Level of government: Local Presence (Article 9.5) Central Measurements: Law 17.798, Official Gazette, October 21, 1972, Title I. Supreme Decree 77, Ministry of Defense, Official Gazette, August 14, 1982. Description: Cross-Border Trade in Services Persons who have weapons, explosives or analogous substances must request their registration before the control authority corresponding to their domicile, for which purpose an application must be submitted to the General Directorate of National Mobilization of the Ministry of Defense. The manufacture, importation, internment and exportation of fireworks destined to present pyrotechnic shows must be authorized by the General Directorate. For the assembly and execution of the fireworks display, there must be at least one fireworks handler registered in the records of the General Directorate.
18. Sector: Transportation Subsector: Air transportation Obligations Affected: Level of government: National Treatment (Articles 9.5 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Central Measurements: Law 18.916, Official Gazette, February 8, 1990, Aeronautical Code, Titles, Preliminary, II and III. Decree Law 2.564, Official Gazette, June 22, 1979, Commercial Aviation Regulations. Supreme Decree 624, Ministry of Defense, Official Gazette, January 5, 1995. Law 16.752, Official Gazette, February 17, 1968, Title II. Decree 34 of the Ministry of Defense, Official Gazette, February 10, 1968. Decree Supreme Decree 102, of the Ministry of Transportes and Telecommunications, Official Gazette, June 17, 1981. Supreme Decree 172, of the Ministry of Defense, Official Gazette, March 5, 1974. Supreme Decree 37, Ministry of Defense, Official Gazette, December 10, 1991. Decree 222, of the Ministry of National Defense, Official Gazette, October 5, 2005. Description: Investment and Cross-Border Trade in Services Only a Chilean natural or juridical person may register an aircraft in Chile. A juridical person must be incorporated in Chile with its principal domicile and real and effective seat in Chile. In addition, the majority of its ownership must belong to Chilean individuals or legal entities, which in turn must meet the above requirements. The president, manager and the majority of the directors or administrators of the legal entity must be Chilean. Foreign-registered private aircraft engaged in non-commercial activities may not remain in Chile without authorization from the Directorate General of Civil Aeronautics for more than 30 days from the date of their entry into the country. For greater certainty, this measure shall not apply to specialized air services, as defined in Article 9.1 (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 license with the respective qualifications that allow them to perform their duties. Foreign aeronautical personnel may exercise their activities in Chile only if the license or rating granted in another country is recognized by the Chilean civil aeronautical authority as valid. In the absence of an international agreement regulating such recognition, it shall be made under reciprocity conditions. In such case, it shall be demonstrated that the licenses 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 navigation companies provided that, on the routes they operate, the other States grant similar conditions for Chilean air companies, when they so request. The Civil Aeronautics Board, by founded resolution, may terminate, suspend or limit cabotage services or other kinds of commercial air navigation services, which are performed exclusively within the national territory by foreign companies or aircraft, if their country of origin does not effectively grant or recognize the right to equal treatment to 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 must inform the Civil Aeronautics Board at least 24 hours in advance. Aircraft engaged in non-scheduled commercial air transportation may not take or leave passengers, cargo or mail in Chilean territory without prior authorization granted by the Civil Aeronautics Board.
19. Sector: Transportation Subsector: Land transportation by road Obligations Affected: Level of government: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Local Presence (Article 9.5) Central Measurements: Decree Supreme Decree 212, of the Ministry of Transportes and Telecommunications, Official Gazette, November 21, 1992. Decree 163, of the Ministry of Transportation and Telecommunications, Official Gazette, January 4, 1985. Supreme Decree 257, of the Ministry of Foreign Affairs, Official Gazette, October 17, 1991. Description: Cross-Border Trade in Services Providers of land transportation services must register in the National Registry by means of an application to be submitted to the Regional Secretary of the Ministry of Transportation and Telecommunications. In the case of urban services, the interested parties must 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. Foreign natural or juridical persons authorized to provide international transportation in the territory of Chile may not perform local transportation 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 may provide international land transportation services between such countries. Additionally, in order to obtain a permit to provide international land transportation services, in the case of foreign legal entities, more than 50% of their capital and effective control of such legal entities must belong to nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.
20. Sector: Transportation Subsector: Water transportation Obligations Affected: Level of government: National Treatment (Article 10.4) Most-Favored-Nation Treatment (Article 10.5) Central Measurements: Decree Law 3.059, Official Gazette, December 22, 1979, Merchant Marine Development Law, Titles I and II. Supreme Decree 237, Diario Oficial, July 25, 2001, Regulation of Decree Law 3,059, Titles I and II. Code of Commerce, Book III, Titles I, IV and V. Description: Investment Cabotage is reserved to Chilean vessels. It shall be understood as maritime, fluvial or lacustrine transportation of passengers and cargo between different points of the national territory and between these and naval artifacts installed in the territorial sea or in the Exclusive Economic Zone. Foreign merchant vessels may participate in cabotage in the case of cargo volumes of more than 900 tons, subject to public tender. In the case of cargo volumes equal to or less than 900 tons and there is no availability of vessels under the Chilean flag, the Maritime Authority shall authorize the loading of such cargo on foreign merchant vessels. In the event that Chile adopts, for reasons of reciprocity, a measure of cargo reservation in the international transportation of cargo between Chile and another country that is not a Party, the cargo that is reserved for it shall be carried on vessels flying the Chilean flag or reputed as such.
21. Sector: Transportation Subsector: Water transportation Obligations Affected: Level of government: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Senior Management and Boards of Directors (Article 10.9) Central Measurements: Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II, III, IV and V. Code of Commerce, Book III, Titles I, IV and V. Description: Investment and Cross-Border Trade in Services Only a Chilean natural or juridical person may register a vessel in Chile. Such juridical person must be incorporated with its main domicile and real and effective seat in Chile. In addition, more than 50% of its capital stock must be held by Chilean natural or juridical persons. For these purposes, a juridical person that has an interest in another juridical person that owns a vessel must comply with all the aforementioned requirements. The president, manager and the majority of the directors or administrators must be Chilean individuals. 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 individuals or legal entities. For these purposes, a legal entity that is a joint owner of a vessel must comply with all the aforementioned requirements to be considered Chilean. Special vessels owned by foreign natural or juridical persons domiciled in Chile may, under certain conditions, be registered in Chile. The maritime authority may grant a better treatment based on the principle of reciprocity.
22. Sector: Transportation Subsector: Water transportation Obligations Affected: Level of government: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Local Presence (Article 9.5) Central Measurements: Decree Law 2.222, Official Gazette, 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. Description: Cross-Border Trade in Services 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 maneuvers in Chilean ports. To be a captain, it is necessary to be a Chilean national 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, have a registration or permit granted by the Maritime Authority and be registered in the respective Registry. Professional degrees and licenses granted in a foreign country shall be valid to serve as officer in national vessels when the Director so provides by a founded resolution. The ship's master must be Chilean. The ship's master is the natural person who, in possession of the title granted by the Director, is qualified to command smaller vessels and certain special larger vessels. Only Chileans or foreigners domiciled in Chile may work as fishing skippers, motor mechanics, motorists, motorcyclists, sailors, fishermen, fishermen, employees or technical workers in maritime industries or commerce, and as industrial and general service crew members on factory or fishing vessels when requested by shipowners for the following reasons be indispensable for the initial organization of the work. In order to fly the national flag, it is required that the master of the vessel, its officers and crew be Chilean. Notwithstanding, the General Directorate of Maritime Territory and Merchant Marine, by a well-founded resolution and on a transitory basis, may authorize 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.
23. Sector: Transportation Subsector: Water transportation Obligations Affected: Level of government: National Treatment (Articles 9.3 and 10.4) Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Central Measurements: Code of Commerce, Book III, Titles I, IV and V. Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II and IV. Decree 90, of the Ministry of Labor and Social Security, Official Gazette, January 21, 2000. Decree 49, of the Ministry of Labor and Social Security, Official Gazette, July 16, 1999. Labor Code, Book I, Title II, Chapter III, paragraph 2. Description: Investment and Cross-Border Trade in Services Ship agents or representatives of ship operators, owners or captains, whether natural or juridical persons, must be Chilean nationals. Port stevedoring and wharfage work performed by natural persons is reserved to Chileans who are duly accredited before the corresponding authority to perform 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 incorporated in the country and have their main domicile in Chile. The president, administrators, managers or directors must be Chilean. At least 50% of the capital stock must belong to Chilean individuals or legal entities. Such companies must appoint one or more attorneys-in-fact, who will act on their behalf, who must be Chilean. All those who disembark, transship and, in general, make use of Chilean continental or insular ports shall also be Chilean natural or legal persons, particularly for fishing catches or fishing catches processed on board.
Annex I. List of Colombia
1. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Central Measurements: Decree 2080 of 2000, Article 26 Description: Investment Foreign investors may make portfolio investments in securities in Colombia only through an Administrator. Only brokerage firms, trust companies and investment management companies, subject to the inspection and surveillance of the Financial Superintendency of Colombia, may be Administrators. Colombia.
2. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Central Measurements: As stated in the Description element, including Articles 3 and 11 of Law 226 of 1995 Description: Investment Colombia, in selling or disposing of its equity interests or the assets of an existing state enterprise or governmental entity, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of the owners of such interests or assets to control any resulting enterprise, by investors of the other Parties or of a non-Party or their investments. Relevant existing legislation related to this non-conforming measure includes Law 226 of 1995. In that sense, if the Colombian State decides to sell all or part of its participation in an enterprise to a person other than another Colombian State enterprise or other Colombian governmental entity it shall first offer such participation on an exclusive basis and in accordance with the conditions set forth in Article 11 of Law 226 of 1995, to: (a) current employees, pensioners and former employees (other than former employees terminated with just cause) of the company and other companies owned or controlled by that company; (b) associations of employees or former employees of the company; (c) labor unions; (d) federations and confederations of workers' unions; (e) employee funds; (f) severance and pension funds, and (g) cooperative entities1 . However, once such interest has been transferred or sold, Colombia does not reserve the right to control subsequent transfers or other sales of such interest. For the purposes of this sheet: (a) any measure maintained or adopted after the date of entry into force of this Additional Protocol that, at the time of sale or other disposition, prohibits or imposes limitations on ownership of equity interests or assets, or imposes nationality requirements described in this tab, shall be deemed to be an existing measure, and (b) State enterprise means an enterprise owned or controlled through ownership rights by Colombia and includes an enterprise established after the date of entry into force of this Additional Protocol solely for the purpose of selling or disposing of equity interests in, or assets of, a State enterprise or an existing governmental entity. 1 For greater certainty, Law 454 of 1998 establishes the types of cooperative entities that exist in Colombia, including, inter alia, "savings and credit cooperatives", "financial cooperatives" and "multi-active or integral cooperatives".
3. Sector: All Sectors Subsector: Obligations Affected: Local Presence (Article 9.5) Level of government: Central Measurements: Law 915 of 2004, article 5 Description: Cross-Border Trade in Services Only natural or juridical persons with their companies' main office in the Free Port of San Andres, Providencia and Santa Catalina may provide services in this region. For greater certainty, this measure does not affect the cross-border supply of services as defined in subparagraphs (a) and (b) of the definition of cross-border trade in services or cross-border supply of services. services of Article 9.1 (Definitions).
4. Sector: Services Provided to Companies Subsector: Professional Services - Accounting Services Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Central Measurements: Law 43 of 1990, article 3, paragraph 1. Resolution No. 160 of 2004, article 2, paragraph 2, and article 6. Description: Cross-Border Trade in Services Only persons registered with the Central Board of Accountants may practice as accountants. A foreigner must have been domiciled in Colombia uninterruptedly for at least three years prior to the application for registration and demonstrate accounting experience in the territory of Colombia for at least one year. This experience may be acquired simultaneously or subsequent to the studies of public accounting without being registered before the Central Board of Accountants. For natural persons, the term domiciled means being a resident and having the intention to remain in Colombia.
5. Sector: Services Provided to Companies Subsector: Research and development services Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Decree 309 of 2000, article 7 Description: Cross-Border Trade in Services Any foreign natural or juridical person planning to carry out scientific research on biological diversity in the territory of Colombia must involve at least one Colombian researcher in the research or in the analysis of its results. For greater certainty, this measure does not require or prohibit foreign persons and Colombian researchers from reaching an agreement regarding the rights with respect to the scientific research or analysis.
6. Sector: Business Services - Fishing Subsector: Other business services - Fishing, aquaculture and service activities related to fishing Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Article 9.4) Market Access (Article 9.6) Level of government: Central Measurements: Decree 2256 of 1991, articles 27, 28 and 67. Agreement 005 of 2003, Sections II and VII Description: Investment and Cross-Border Trade in Services Only Colombian nationals may engage in artisanal fishing. A foreign flag vessel may obtain a permit and engage in fishing and related activities in Colombian territorial waters only in association with a Colombian company holding a permit. In this case, the value of the permit and the fishing patent are higher for foreign flag vessels than for Colombian flag vessels. If the flag of a foreign-flagged vessel corresponds to a country that is party to another bilateral agreement with Colombia, the terms of that other bilateral agreement shall apply. will determine whether or not the requirement to be associated with a Colombian company holding the permit applies.
7. Sector: Services Directly Related to the Exploration and Exploitation of Minerals and Hydrocarbons Subsector: Obligations Affected: Local Presence (Article 9.5) Level of government: Central Measurements: Law 685 of 2001, articles 19 and 20 Legislative Decree 1056 of 1953, article 10. Commercial Code, 1971, articles 471 and 474. Description: Cross-Border Trade in Services To provide services directly related to the exploration and exploitation of minerals and hydrocarbons in Colombia, any legal person incorporated under the laws of another country must establish a branch, subsidiary or affiliate in Colombia. For greater certainty, this tab does not apply to service providers involved in any branch or phase of the mining industry for less than one year.
8. Sector: Services Provided to Companies Subsector: Other services provided to private security and surveillance services companies. Obligations Affected: National Treatment (Articles 9.3 and 10.4) Local Presence (Article 9.5) Market Access (Article 9.6) Level of government: Central Measurements: Decree 356 of 1994, articles 8, 12, 23 and 25. Description: Investment and Cross-Border Trade in Services Only a company organized under Colombian law as a limited liability company or as private security and surveillance cooperatives2 may provide private security and surveillance services in Colombia. The partners or members of these companies must be Colombian nationals. Companies incorporated prior to February 11, 1994 with foreign partners or capital may not increase the participation of foreign partners. Cooperatives incorporated prior to this date may retain their legal nature. 2 Article 23 of Decree 356 of 1994 defines a private security and surveillance cooperative as a non-profit associative company in which the workers are simultaneously the contributors and managers of the company, created for the purpose of providing private security and surveillance services, and related services, on a paid basis.
9. Sector: Services Provided to Companies Subsector: Professional Services - Journalism Services Obligations Affected: Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Measurements: Law 29 of 1944, article 13 Description: Investment The editor or general manager of any newspaper published in Colombia that deals with national politics must be national. Colombian.
10. Sector: Services Provided to Companies Subsector: Professional Services - Travel and Tourism Agents Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Central Measurements: Law 32 of 1990, article 5 Decree 502 of 1997, articles 1 to 7 Description: Cross-Border Trade in Services Foreigners not domiciled in Colombia may not provide travel and tourism agent services within the territory of Colombia. For greater certainty, this tab does not apply to services provided by tourist guides, nor does it affect the cross-border supply of services as defined in subparagraphs (a) and (b) of the definition of cross-border trade in services or cross-border supply of services. services of Article 9.1 (Definitions).
11. Sector: Notary and Registry Services Subsector: Obligations Affected: National Treatment (Article 9.3) Market Access (Article 9.6) Level of government: Central Measurements: Decree Law 960 of 1970, articles 123, 124, 126, 127 and 132. Law 1579 of 2012, articles 76 and 104. Description: Cross-Border Trade in Services Only Colombian nationals may be Notaries and/or Registrars. The establishment of new notary offices is subject to an economic needs test that considers the population of the area of interest, service needs, communication facilities, and other circumstances that may have decisive influence.
12. Sector: Public Utilities Subsector: Obligations Affected: Local Presence (Article 9.5) Market Access (Article 9.6) National Treatment (Article 10.4) Level of government: Central Measurements: Law 142 of 1994, articles 1, 17, 18, 19 and 23. Commercial Code, articles 471 and 472 Description: Investment and Cross-Border Trade in Services A domiciliary public utilities company must be established under the regime of "Empresas de Servicios Públicos" or "E.S.P.", must be domiciled in Colombia and legally constituted under Colombian law as a joint stock company. The requirement to be organized as a joint stock company does not apply in the case of decentralized entities that take the form of an industrial and commercial enterprise of the State. For the purposes of this sheet, domiciliary public utilities include the provision of water, sewerage, sanitation, electric power and fuel gas distribution services, basic public switched telephone service (TPBC) and their complementary activities. For basic public switched public telephony services, complementary activities means public long distance telephony and mobile telephony in the rural sector, but does not include commercial mobile services. In public tenders held under the same conditions for all participants, to grant concessions or licenses for the provision of residential public utilities for organized local communities, the companies where these communities have a majority will be preferred over any other equal offer.
13. Sector: Electric Power Subsector: Obligations Affected: Market Access (Article 9.6) Level of government: Central Measurements: Law 143 of 1994, Article 74 Description: Cross-Border Trade in Services Only companies legally incorporated in Colombia prior to July 12, 1994 may engage in the commercialization and transmission of electric energy or carry out more than one of the following activities at the same time: generation, distribution and transmission of electric energy. For greater certainty, companies incorporated after July 12, 1994, for the purpose of rendering public electricity service and which are part of the national interconnected system, may not have more than one of the activities related thereto, except for commercialization, which may be carried out in combination with one of the generation and distribution activities, limiting the access of these companies within the chain of activities of the electricity market.
14. Sector: Postal and Specialized Courier Services Subsector: Obligations Affected: Local Presence (Article 9.5) Level of government: Central Measurements: Law 1369 of 2009, article 4 Description: Cross-Border Trade in Services Only legal entities legally constituted in Colombia may provide postal and specialized courier services3 in Colombia. 3 Specialized courier service means the type of postal service provided independently of the official national and international postal networks, which requires the application and adoption of special procedures for the reception, collection and personalized delivery of mail and other postal items, transported by surface or air, within and from the territory of Colombia.
15. Sector: Communications Services Subsector: Telecommunication services Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Law 671 of 2001 Decree 1616 of 2003, articles 13 and 16. Decree 2542 of 1997, article 2 Decree 2926 of 2005, article 2 Decree 2870 of 2007, Title II (articles 3 to 7) Description: Cross-Border Trade in Services Colombia may grant licenses for the provision of long distance basic public switched telephone service on less favorable terms, only with respect to payment and duration, than those granted to Colombia Telecomunicaciones S.A. E.S.P. in accordance with the provisions of Article 2 of Decree 2542 of 1997, Articles 13 and 16 of Decree 1616 of 2003 and Decree 2926 of 2003. 2005.
16. Sector: Audiovisual Services Subsector: Services from production y distribution of motion pictures and videotapes Motion picture projection services Obligations Affected: Performance Requirements (Article 10.8) National Treatment (Article 9.3) Level of government: Central Measurements: Law 814 of 2003, articles 5, 14, 15, 18 and 19. Description: Investment and Cross-Border Trade in Services The exhibition or distribution of foreign films is subject to the Film Development Fee which is established at 8.5% of the monthly net income derived from such exhibition or distribution. The fee charged to the exhibitor will be reduced to 2.25% when the exhibition of foreign films is presented in conjunction with a domestic short film. The Quota applied to a distributor will be reduced to 5.5% until 2013, provided that during the immediately preceding year the percentage of Colombian feature film titles distributed by the distributor to theaters or other exhibitors equaled or exceeded the percentage target established by the government.
17. Sector: Sound Broadcasting Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Market Access (Article 9.6) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Measurements: Decree 1341 of 2009, article 57 Law 74 of 1966, article 7 Decree 1447 of 1995, articles 7, 9 and 18. Description: Investment and Cross-Border Trade in Services The number of concessions for the provision of sound broadcasting services is subject to an economic necessity test in accordance with the criteria established by law. Directors of news or journalistic programs must be Colombian nationals.
18. Sector: Open Television Audiovisual Production Services Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Market Access (Article 9.6) Performance Requirements (Article 10.8) Level of government: Central Measurements: Law 014 of 1991, article 37 Law 680 of 2001, articles 1 and 4 Law 335 of 1996, Articles 13 and 24 Law 182 of 1995, Article 37 numeral 3, Articles 47 and 48 Agreement 002 of 1995, article 10 paragraph Agreement 023 of 1997, Article 8, paragraph 8. Agreement 024 of 1997, articles 6 and 9 Agreement 020 of 1997, articles 3 and 4 Description: Investment and Cross-Border Trade in Services To obtain a concession for a privately operated national channel providing free-to-air television services, a legal entity must be organized as a corporation. The number of concessions for the provision of national and local for-profit broadcast television services is subject to an economic necessity test in accordance with the criteria established by law. Foreign capital in any open television concession company is limited to 40%. National Television Providers (operators and concessionaires of slots) of national free-to-air television services must broadcast on each channel nationally produced programming as follows: (a) a minimum of 70% between 19:00 hours and 22:30 hours; (b) a minimum of 50% between 22:30 hours and 24:00 hours; (c) a minimum of 50% between 10:00 a.m. and 7:00 p.m., and (d) a minimum of 50% for Saturdays, Sundays and holidays during the hours described in subparagraphs (a), (b) and (c). Regional and Local Television Regional television may only be provided by state-owned entities. Regional and local free-to-air television service providers must broadcast on each channel a minimum of 50% of nationally produced programming.
19. Sector: Subscription Television Audiovisual Production Services Subsector: Obligations Affected: Local Presence (Article 9.5) Access to Markets (Article 9.6) Performance Requirements (Article 10.8) Level of government; Central Measurements: Law 680 of 2001, articles 4 and 11 Law 182 of 1995, article 42 Agreement 014 of 1997, articles 14, 16 and 30 Law 335 of 1996, article 8 Agreement 032 of 1998, articles 7 and 9 Description: Investment and Cross-Border Trade in Services Only legal entities legally incorporated in Colombia may provide subscription television service. Such legal entities must make available to subscribers the reception, at no additional cost, of Colombian national, regional and municipal open television channels available in the authorized coverage area. The transmission of regional and municipal channels will be subject to the technical capacity of the subscription television operator. Satellite television service providers are only obliged to include in their basic programming the transmission of public interest channels of the Colombian State. When rebroadcasting programming of an open television channel subject to domestic content quota, the subscription television service provider may not modify the content of the original signal. Subscription Television not including Satellite The subscription television service concessionaire that broadcasts commercials other than those of origin must comply with the minimum percentages of national production programming to which the providers of subscription television services are obliged to comply. national free-to-air television services as described in the Open Television tab 18 of this Schedule. Colombia interprets Article 16 of Agreement 014 of 1997 as not requiring subscription television service providers to comply with minimum percentages of nationally produced programming when commercials are inserted into programming outside the territory of Colombia. Colombia shall continue to apply this interpretation, subject to Article 9.7.1(c) (Nonconforming Measures). There will be no restrictions on the number of subscription television concessions at the zonal, municipal and district levels once the current concessions at these levels expire and in any case there will be no new concessions after October 31, 2011. Cable television service providers must produce and broadcast in Colombia a minimum of one hour of such programming daily, between 6:00 p.m. and midnight.
20. Sector: Community Television Subsector: Obligations Affected: Local Presence (Article 9.5) Access to Markets (Article 9.6) Level of government: Central Measurements: Law 182 of 1995, article 37, numeral 4. Agreement 006 of 1999, articles 3 and 4 Description: Cross-Border Trade in Services Community television services may only be provided by communities organized and legally constituted in Colombia as foundations, cooperatives, associations or corporations governed by civil law. For greater certainty, these services have restrictions regarding coverage area, number and type of channels; they can be offered to no more than 6,000 associates or members. community; and they must be offered under the modality of local access channels of closed networks.