Computer reservation system services means services provided by systems computerized information that contains information about the schedules of air carriers, the available places, rates and charging rules, through which they can be made reservations or issuing tickets;
Services provided in the exercise of governmental authority means, for each Party, any service that is not provided under commercial or competitive conditions with one or more service providers, and
Sale and marketing of air transportation services means the opportunities for air carrier interested in selling and freely marketing their air transport services, including all aspects of marketing, such as market research, advertising and distribution. These activities do not include the pricing of the services of Air transport or applicable conditions.
Article 6.2. Scope of Application
1. This Chapter shall apply to measures adopted or maintained by a Party that affect to cross-border trade in services provided by service providers of the other Part. Such measures include measures that affect:
(a) The production, distribution, marketing, sale or supply of a service;
(b) The purchase or use of, or payment for, a service;
(c) Access to services that are offered to the general public by prescription of a Party, and the use thereof, for the provision of a service;
(d) The presence in the territory of the Party, of one service provider of the other Part, and
(e) The granting of a bond or other form of financial guarantee, as a condition for the supply of a service.
2. In addition to paragraph 1, Articles 6.5, 6.8 and 6.11 will also apply to measures adopted or maintained by a Party that affect the supply of a service in its territory, through commercial presence.
3. This Chapter will not apply to:
(a) Financial services, as defined in Article XII of the Fifty-fifth Third Additional Protocol to ACE No. 35;
(b) Public contracting, which shall be governed by Chapter 12 (Public Procurement);
(c) Services provided in the exercise of governmental authority, and
(d) Subsidies or donations granted by a Party or a State enterprise, including loans, guarantees and insurance supported by the government;
4. This Chapter will not apply to air services, including transport services national and international air traffic, whether regular or non-scheduled, as well as related services of support to air services, except for the following:
(a) Sale and marketing of air transportation services, and
(b) Computer reservation system services.
5. The Parties recognize the importance of air services to facilitate the expansion of trade, strengthen economic growth and benefit consumers. In consequence, and without prejudice to the provisions of paragraph 4, the Parties will work bilaterally, in order to liberalize air transport, as well as in appropriate forums, such as the Organization of-International Civil Aviation, to reach a multilateral agreement on aerial services of liberal character.
6. In case of any incompatibility between this Chapter and a bilateral, plurilateral or multilateral airline service agreement in which both Parties are parties, the airline services agreement shall prevail to determine the rights and obligations of the Parties.
7. If the Annex on Air Transport Services of the GATS is amended, the Parties jointly review any of the new definitions, in order to align the definitions of this Agreement with those definitions, when appropriate.
8. This Chapter does not impose any obligation on one Party with respect to one national of the other Party that intends to enter its labor market or has permanent employment in its territory, nor does it confer any right to that national with respect to such access or employment.
Article 6.3. National Treatment
1. Each Party shall accord to the services and service suppliers of the other Party a treatment not less favorable than that granted, in similar circumstances, to its own services and Service providers.
2. For greater certainty, that the treatment be granted in similar circumstances, according to the Paragraph 1 depends on the totality of the circumstances, including whether the corresponding treatment distinguishes between services and service providers based on legitimate objectives of public welfare.
3. For greater certainty, the treatment to be granted by a Party in accordance with paragraph 1 means, in relation to the regional level of government, a treatment no less favorable than the most favorable treatment granted, in similar circumstances, by that regional level of government to the suppliers of services of the Party of which it is a part.
Article 6.4. Most Favored Nation Treatment
1. Each Party shall accord to the services and service suppliers of the other Party a treatment not less favorable than the one that it grants, in similar circumstances, to the services and suppliers of Services of any non-Party.
2. For greater certainty, that the treatment be granted in similar circumstances, according to the Paragraph 1, depends on the totality of the circumstances, including whether the corresponding treatment distinguishes between services and service providers based on legitimate objectives of public welfare.
Article 6.5. Market Access
None of the Parties will adopt or maintain, either on the basis of a regional subdivision or of the totality of its territory, measures that:
(a) Impose limitations on:
(i) Number of service providers, whether in the form of contingents numerical, monopolies, exclusive service providers or through the requirement of an economic needs test;
(ii) Total value of the transactions of services or assets in the form of numerical quotas or by requiring a proof of economic needs;
(iii) Total number of service operations or the total amount of production of services, expressed in terms of numerical units designated in form of quotas or by requiring a proof of economic needs. This numeral does not apply to the measures of a Party that limit inputs for the supply of services;
(iv) Total number of natural persons that can be employed in a certain service sector or that a service provider may employ and that are necessary for, and are directly related to, the provision of a specific service in the form of numerical quotas or through the requirement of an economic needs test, or
(b) Restrict or prescribe the specific types of legal or business person jointly, by means of which a service provider can supply a service.
Article 6.6. Local Presence
Neither Party shall require a service provider of the other Party, establish or maintain a representative office or any form of company, or that is resident in your territory, as a condition for the cross-border supply of a service.
Article 6.7. Non-conforming Measures
1. Articles 6.3, 6.4, 6.5 and 6.6 shall not apply to:
(a) Any existing non-conforming measure that is maintained by a Party:
(i) At the central, federal, or regional level of government, as stipulated by that Part in its Schedule of Annex I;
(ii) At the regional level, or
(iii) At the local level of government;
(b) The continuation or prompt renewal of any non-conforming measure referred to in the subparagraph (a), or (c) the modification of any non-conforming measure referred to in subparagraph (a), in the extent that such modification does not diminish the conformity of the measure with the Articles 6.3, 6.4, 6.5 and 6.6.
2. Articles 6.3, 6.4, 6.5 and 6.6 shall not apply to any measure that a Party adopts or maintain respect to the sectors, sub-sectors or activities, as stipulated by that Party in its List of Annex II.
3. In addition to paragraphs 1 and 2, Article 6.5 will apply to the measures adopted or maintained by a Party that affect the supply of a service in its territory, through commercial presence, which should be listed in accordance with the provisions of this Article.
Article 6.8. National Regulation
1. Each Party shall ensure all measures of general application that affect the trade of services are administered in a reasonable, objective and impartial manner.
2. Each Party shall ensure that the measures relating to the requirements and procedures in subject of aptitude titles, technical standards and licensing requirements constitute a disguised restriction on trade in services, while recognizing the right to regulate and introduce new regulations in the provision of services to satisfy their public policy objectives, including ensuring that such measures, inter alia:
(a) Are based on objective and transparent criteria, such as competence and ability to provide the service;
(b) Do not constitute arbitrary or unjustifiable discrimination between providers of services, and
(c) In the case of licensing procedures, do not constitute s' a restriction on the supply of the service.
3. When a Party maintains measures relating to the requirements and procedures in subject matter of aptitude titles, technical standards and licensing requirements, the Party should:
(a) Make available to the public:
(i) Information about prescriptions and procedures to obtain, renew or retain any license or title of aptitude for professionals, and
(ii) Information on technical standards;
(b) When some form of authorization is required to provide the service, ensure that:
(i) Within a reasonable period of time from the filing of an application that is considered complete in accordance with the internal legal order, consider the request and make a decision about whether or not to grant relevant authorization;
(ii) The applicant is informed without delay of the decision on whether or not relevant authorization;
(iii) To the extent practicable, establish indicative deadlines for the processing of an application;
(iv) At the request of such applicant, be provided, without undue delay, information regarding the status of the request;
(v) In accordance with the internal legal order of that Party in the case of an incomplete application, at the request of the applicant, identify the additional information that is required to complete the application and provide the opportunity to correct minor errors or omissions in the same;
(vi) If a request is denied, inform the applicant, as far as practicable, on the reasons for the denial, either directly or through petition of the applicant, and
(vii) In accordance with its legislation, accept copies of documents that they are authenticated, instead of original documents.
(c) In each sector in which it is required to pass an exam as a prerequisite for provide a service in the territory of the Party:
(i) In the event that the examination process is administered by authorities government, take reasonable steps to schedule examinations at reasonable intervals, or
(ii) In the case that the examination process is administered only by non-governmental organizations or professional associations, use the best efforts to encourage such organizations or associations Schedule exams at reasonable intervals, and
(iii) In each case, the Party shall ensure that such exemptions are open to applicants of the other Party. The possibility of using electronic means to perform exams or perform them orally and to grant the opportunity to take such examinations in the territory of the other part.
4. Each Party shall ensure that any fee charged by the competent authority to authorize the supply of a service is reasonable, transparent and does not restrict the supply by itself of such service. For purposes of this paragraph, "fee" does not include payments for the use of resources natural resources, payments for auctions, tenders or other non-discriminatory means of granting concessions, or mandatory contributions for the provision of a universal service.
5. Paragraphs 1 to 3 will not apply to non-conforming aspects of measures that are not subject to obligations in accordance with Article 6.3 or Article 6.5 on the grounds of a entry in the List of a Party in Annex I, or measures that are not subject to obligations in accordance with Article 6.3 or Article 6.5 on the basis of an entry in the List of a Part in Annex II.
6. If the results of the negotiations related to Article VI: 4 of the GATS enter In force, the Parties will jointly review such results with a view to incorporating them within this Agreement, if both Parties consider it appropriate.
Article 6.9. Mutual Recognition
1. For purposes of compliance, in whole or in part, with its standards or criteria for the authorization, licensing or certification of the service providers of a Party, and subject to the requirements of paragraph 4, a Party may recognize the education or obtained experience, the requirements met, or licenses or certifications granted in the territory of the other Party or of a non-Party. This recognition, which could be done through the harmonization or otherwise, may be based on an agreement or agreement with the Party or non-Party in question or it could be granted autonomously.
2. If a Party recognizes, either autonomously or through an agreement or agreement, the education or experience obtained, requirements met, or licenses or certifications granted in the territory of a non-Party, nothing of the provisions of Article 6.4 shall be interpreted the sense of requiring that the Party grant such recognition to education or experience obtained, the requirements met or the licenses or certifications granted in the territory of the other part.
3. A Party that is a party to an agreement or agreement of the type referred to in paragraph 1, whether existing or future, will provide an adequate opportunity for the other Party, at its request, to negotiate your adherence to such agreement or agreement or to negotiate a comparable agreement or agreement. Yes one Party grants recognition autonomously, will provide the other Party with adequate opportunities to demonstrate that the education, experience, licenses or certifications obtained or requirements fulfilled in the territory of that other Party must be recognized.
4. A Party shall not grant recognition in a manner that constitutes a means of discrimination between countries in the application of their standards or criteria for authorization, licensing or certification of service providers, or a disguised restriction to trade in services.
Article 6.10. Denial of Benefits
Subject to prior notice and consultation, a Party may deny the benefits of this Chapter to a service provider of the other Party, if the service provider is a company:
(a) Owned or controlled by persons of a non-Party or of the Denying Party, and
(b) Has no substantial commercial operations in the territory of the other Party.
Article 6.11. Transparency
1. Each Party shall publish, as soon as possible and no later than the date of its entry into force, all relevant measures of general application that refer to this Chapter or affect its operation. Likewise, each Party shall publish the international agreements that subscribe to any country and that refer or affect trade in services.
2. Each Party shall respond, as soon as possible, to all requests for information specified by the other Party regarding any of its measures of general application to referred to in paragraph 1. Likewise, and in accordance with its internal legislation, each Party, in through its competent authorities, will provide, as far as possible, information on the issues that are subject to notification under paragraph 2, to the service providers of the another Party that requests it.
3. Paragraph 2 shall not be construed as obligating any of the Parties to disclose confidential information, the disclosure of which could hinder the application of the law or other way is contrary to public interest or could harm privacy or legitimate interests commercials.
4. In the event that a Party makes an amendment to any non-conforming measure existing, as stipulated in its Schedule to Annex I in accordance with Article 6.7.1 (c), the Party shall notify the other Party, as soon as possible, of such modification.
Article 6.12. Professional Services
Processing of applications for the granting of licenses and certificates
1. The Parties shall urge their competent authorities, within a reasonable period of time from the filing of an application for licenses or certificates by a natural person of the other Part:
(a) Resolve the request and notify the applicant of its resolution, or
(b) If the application is incomplete, inform the applicant, without delay unjustified, on the situation of the application and the additional information that is required according to its legal system.
Elaboration of professional standards
2. The Parties shall encourage the Professional Councils in their respective territories to elaborate standards and mutually acceptable criteria for the granting of licenses and certificates to providers of professional services, as well as to present their recommendations and results, which may be considered by the Administrative Commission.
3. The norms and criteria referred to in paragraph 2 may be elaborated in relation to:
(a) Education: accreditation of schools or academic programs;
(b) Exams: qualification examinations for obtaining licenses, including alternative methods of evaluation;
(c) Experience: duration and nature of the experience required to obtain a license;
(d) Conduct and ethics: standards of professional conduct and the nature of the measures disciplines in the event that professional service providers contravene;
(e) Professional development and renewal of certification: continuing education and corresponding requirements to keep the professional certificate;
(f) Scope of action: extension and limits of authorized activities;
(g) Local knowledge: requirements on knowledge of aspects such as laws and regulations, the local language, geography or climate, and
(h) Consumer protection: alternative requirements to residence, such as bail, professional liability insurance and customer reimbursement funds to ensure the protection of consumers and public safety.
4. Each Party shall encourage its respective competent authorities to implement all recommendation accepted by the Administrative Commission, in accordance with the provisions of the paragraph 2, within a mutually agreed period.
Granting temporary licenses
5. When the Parties agree, each of them shall encourage the relevant agencies in their respective territories to:
(a) Develop procedures for the issuance of temporary licenses to providers of professional services of the other Party;
(b) Incorporate the system of specific agreements for each Professional College of according to the specialty, and
(c) Formulate the unified professional heritage for each professional requesting the temporary exercise.
Review
6. The Administrative Commission will monitor the application of the provisions of this Article.
Chapter 7. Temporary Entry of Business People
Article 7.1. Definitions
For the purposes of this Chapter:
Spouse means:
(i) In the case of Brazil, a person who meets the requirements for a conjugal relationship, without any discrimination, under the Brazilian legal system, and
(ii) In the case of Chile, a person who meets the requirements for a conjugal relationship under the Chilean legal system;
Dependent means:
(i) In the case of Brazil, partner, without any discrimination; immigrant children beneficiary of the residence permit, or the immigrant who have a son or daughter or an immigrant who is a beneficiary of a residence permit; the ascendant, descendant until the second degree or the brothers of Brazilian or Brazilian or immigrant beneficiary of residence authorization; or the immigrant who has a Brazilian or Brazilian under their guardianship or custody, and
(ii) In the case of Chile, a family member who lives with the business person, including parents, children and the concubine or concubine;
Executive means a national who, above all, directs the management of a company, exercising wide powers in decision making and receiving only general supervision or direction of executives of higher level, the board of directors, or shareholders of the company. An executive does not would directly perform tasks related to the current supply of the service or the operation of the company;
Temporary entry means the entry of a business person of a Party into the territory of the another Party, without the intention of establishing permanent residence;
Immigration formality means a visa, work pass or other document or authorization electronic system, which grants a national of a Party the right to:
(i) In the case of business visitors, enter and visit the granting Party;
(ii) In the case of executives and their accompanying spouses, personnel transferred within of a company and its accompanying spouses, and low service providers contract and their accompanying spouses, enter and reside in the granting Party, or
(iii) In the case of executive employees, personnel transferred within a company and service providers under contract, enter and reside in the territory of the granting Party;
Immigration measure means a measure that affects the entry and stay of foreigners;
Granting Party means the Party receiving the request for temporary entry of a national of the another Party that is covered by Article 7.2;
Business person means the national of a Party that participates in the trade of goods or provision of services or investment activities;
Personnel transferred within a company means an employee of a company of a Party established in the territory of the other Party through a branch, subsidiary or affiliate, that is legally and actively operative in that Party, and that has been transferred by the company to occupy a position in the branch, subsidiary or affiliate of the company in the granting Party, and who it is:
(i) a manager, which means a national who will be responsible for all or a part substantial portion of the company's operations in the granting Party, receiving general supervision or direction mainly of executives of higher level, the Board of Directors or shareholders of the company; including the address of the company or of a department or subdivision thereof; the supervision and control of the work of other supervisory, professional or managerial employees; and that has the authority to set goals and policies of the department or subdivision of the company, or
(ii) A specialist, which means a national with advanced skills in matters of trade, technical or professional. The person chasing the entrance must be qualified as having the necessary qualifications or credentials Accepted alternatives that meet the domestic standards of the Party grantor for the respective occupation.
To qualify as a specialist, a national who seeks temporary entry under this category must present:
(A) Evidence proving the nationality of a Party;
(B) Documentation proving that the business person will undertake such activities and indicate the purpose of their entry, and
(C) Relevant documentation that demonstrates the achievement of minimum requirements educational or alternative credentials, respectively.
In addition to the requirements established in (A) through (C), the temporary entry will only be granted to business people who also comply with the immigration measures of a Party;
Contracted service provider means a national:
(i) That has a high technical level or personal qualifications, skills and experience, and
(A) That is an employee of a company of a Party that has completed a contract for the supply of a service in the other Party and that does not have commercial presence within that Party, or
(B) who has been hired by a company that operates legally and actively in the another Party, for the purpose of providing a service under a contract in that Part.
Nothing included in (A) or (B) shall prevent a Party from failing to require a work contract between the national and the company operating in the Party grantor, and
(ii) That has been qualified as the holder of the suitability, skills and experience accepted labor requirements to achieve the domestic standard of their occupation respective within the granting Party, and
Business visitor means the national of a Party that intends to transfer to the other Party by business reasons, including investment motives, and whose remuneration and financial support for the duration of their visit they are derived from external sources to the granting Party and that does not participate in it making direct sales to the general public or in the supply of goods or services. With the purpose of qualifying as a business visitor, a national who seeks temporary entry must present:
(i) Evidence proving the nationality of one of the Parties;
(ii) Documentation proving that the business person will undertake such activities and indicate the purpose of their entry, and
(iii) Evidence of the international character of the proposed business activity perform and that the business person does not intend to enter the labor market local. Each Party shall provide that a business person may comply with the requirements indicated in this subparagraph when it demonstrates that:
(A) The source of remuneration corresponding to that business activity is located outside the territory of the Party that authorizes temporary entry, and
(B) The principal place of business of that person and the current place of accrual of their earnings, at least predominantly, they remain outside of such territory.