Pressegesetz für das Land Sachsen-Anhalt (Landespressegesetz);
Gesetz über die Presse Schleswig-Holstein (PressG SH);
Thüringer Pressegesetz (TPG).
With respect to Investment liberalisation – National Treatment, Most-favoured-nation treatment:
In IT: In so far as Chile allows Italian nationals and enterprises to conduct these activities, Italy will allow nationals and enterprises of Chile to conduct these activities under the same conditions. In so far as Chile allows Italian investors to own more than 49 % of the capital and voting rights in a publishing company of Chile, then Italy will allow investors of Chile to own more than 49 % of the capital and voting rights in an Italian publishing company under the same conditions (ISIC Rev. 3.1 221, 222).
Measures:
IT: Law 416/1981, Article 1 (and subsequent amendments).
With respect to Investment liberalisation – Senior management and boards of directors:
In PL: Nationality is required for the editor-in-chief of newspapers and journals (ISIC Rev. 3.1 221, 222).
Measures:
PL: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent amendments.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who are juridical persons must be established in the EEA. Periodicals that are printed and published in Sweden and technical recordings must have a responsible editor, who must be domiciled in Sweden (ISIC Rev. 3.1 22, CPC 88442).
Measures:
SE: Freedom of the press act (1949:105);
Fundamental law on Freedom of Expression (1991:1469); and
Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of Expression (1991:1559).
(1) For the purposes of this reservation:
(a)
‘domestic law’ means the law of the specific Member State and European Union law;
(b)
‘public international law’ excludes European Union law and includes law established by international treaties and conventions, as well as international customary law;
(c)
‘legal advice’ includes provision of advice to and consultation with clients in matters, including transactions, relationships and disputes, involving the application or interpretation of law; participation with or on behalf of clients in negotiations and other dealings with third parties in such matters; and preparation of documents governed in whole or in part by law, and the verification of documents of any kind for purposes of and in accordance with the requirements of law;
(d)
‘legal representation’ includes preparation of documents intended to be submitted to administrative agencies, the courts or other duly constituted official tribunals; and appearance before administrative agencies, the courts or other duly constituted official tribunals;
(e)
‘legal arbitration, conciliation and mediation’ means the preparation of documents to be submitted to the preparation for and appearance before, an arbitrator, conciliator or mediator in any dispute involving the application and interpretation of law; it does not include arbitration, conciliation and mediation services in disputes not involving the application and interpretation of law, which fall under services incidental to management consulting; it also does not include acting as an arbitrator, conciliator or mediator; as a sub-category, international legal arbitration, conciliation or mediation services refers to the same services when the dispute involves parties from two or more countries.
(2) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ EU L 154, 16.6.2017, p. 1).
(3) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EU L 3, 5.1.2002, p. 1).
(4) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ EU L 182, 29.6.2013, p. 19).
(5) Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ EU L 157, 9.6.2006, p. 87).
(6) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ EU L 293, 31.10.2008, p. 3).
(7) Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (OJ EU L 35, 4.2.2009, p. 47).
(8) Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ EU L 272, 25.10.1996, p. 36).
(9) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1).
(10) Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ EU L 368, 17.12.1992, p. 38).
Appendix 17-A-2. SCHEDULE OF CHILE
1.
‘Description’ provides a general non-binding description of the measure for which the entry is made.
2.
In accordance with Articles 17.14 and 18.8, the Articles of Part III of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation or other measure identified in the Measures element of that entry.
Sector:
All
Sub-Sector:
Obligations Concerned:
National treatment (Investment)
Level of Government:
Central
Measures:
Decree Law 1.939, Official Gazette, 10 November 1977, Rules for acquisition, administration and disposal of State-owned assets, Title I (Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas sobre adquisición, administración y disposición de bienes del Estado, Título I)
Decree with Force of Law (D.F.L.) 4 of the Ministry of Foreign Affairs, Official Gazette, 10 November 1967 (Decreto con Fuerza de Ley (D.F.L.) 4 del Ministerio de Relaciones Exteriores, Diario Oficial, noviembre 10, 1967)
Description:
Investment
Chile may only dispose of the ownership or other rights over ‘State land’ to Chilean natural or juridical persons, unless the applicable legal exceptions, such as in Decree Law 1.939 (Decreto Ley 1.939), apply. ‘State land’ for these purposes refers to State-owned land up to a distance of 10 kilometres from the border and up to a distance of five kilometres from the coastline, measured from the high-tide line.
Immovable property situated in areas declared ‘the borderland zone’ by virtue of D.F.L. 4 of the Ministry of Foreign Affairs, 1967 (D.F.L. 4 del Ministerio de Relaciones Exteriores, 1967) may not be acquired, either as property or in any other title, by (1) natural persons with nationality of a neighbouring country; (2) juridical persons with their principal seat in a neighbouring country; (3) juridical persons with 40 % or more of capital owned by natural persons with nationality of a neighbouring country; or (4) juridical persons effectively controlled by such natural persons. Notwithstanding the foregoing, this limitation may not apply if an exemption is granted by a Supreme Decree (Decreto Supremo) based on considerations of national interest.
Sector:
All
Sub-Sector:
Obligations Concerned:
Performance requirements (Investment)
Level of Government:
Central
Measures:
Decree with Force of Law (D.F.L.) 1 of the Ministry of Labour and Social Welfare, Official Gazette, 24 January 1994, Labour Code, Preliminary Title, Book I, Chapter III (D.F.L. 1 del Ministerio del Trabajo y Previsión Social, Diario Oficial, enero 24, 1994, Código del Trabajo, Título Preliminar, Libro I, Capítulo III)
Description:
Investment
A minimum of 85 % of employees who work for the same employer shall be Chilean natural persons or foreigners with more than five years of residence in Chile. This rule applies to employers with more than 25 employees under a contract of employment (contrato de trabajo (1)). Expert technical personnel shall not be subject to this provision, as determined by the Directorate of Labour (Dirección del Trabajo).
An employee shall be understood to mean any natural person who supplies intellectual or material services, under dependency or subordination, pursuant to a contract of employment.
Sector:
Communications
Sub-Sector:
Obligations Concerned:
National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Performance requirements (Investment)
Senior management and boards of directors (Investment)
Local presence (CBTS)
Level of Government:
Central
Measures:
Law 18.838, Official Gazette, 30 September 1989, National Television Council, Titles I, II and III (Ley 18.838, Diario Oficial, septiembre 30, 1989, Consejo Nacional de Televisión, Títulos I, II y III)
Law 18.168, Official Gazette, 2 October 1982, General Telecommunications Law, Titles I, II and III (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II y III)
Law 19.733, Official Gazette, 4 June 2001, Law on Liberties of Opinion and Information and the Exercise of Journalism, Titles I and III (Ley 19.733, Diario Oficial, junio 4, 2001, Ley sobre las Libertades de Opinión e Información y Ejercicio del Periodismo, Títulos I y III)
Description:
Investment and Cross-border trade in services
The owner of a social communication medium, such as those that transmit on a regular basis sounds, texts or images, or a national news agency shall, in the case of a natural person, have a duly established domicile in Chile, and in the case of a juridical person, shall be constituted with domicile in Chile or have an agency authorised to operate within the territory of Chile.
Only Chilean nationals may be presidents, administrators or legal representatives of such a juridical person.
The owner of a concession to supply (a) public telecommunication services; (b) intermediate telecommunication services supplied to telecommunications services through facilities and networks established for that purpose; and (c) sound broadcasting shall be a juridical person constituted and domiciled in Chile.
Only Chilean nationals may be presidents, managers, administrators or legal representatives of such a juridical person.
In the case of public radio broadcasting services, the board of directors may include foreigners only if they do not represent the majority.
In the case of a social communication medium, the legally responsible director and the person who subrogates him or her must be Chilean, with domicile and residence in Chile, unless the social communication medium uses a language other than Spanish.
Requests for public radio broadcasting concessions submitted by juridical persons in which foreigners hold an interest exceeding 10 % of the capital shall be granted only if proof is previously provided verifying that similar rights and obligations as those that the applicants will enjoy in Chile are granted to Chilean nationals in their country of origin.
The National Television Council (Consejo Nacional de Televisión) may establish, as a general requirement that, programs broadcasted through public (open) television channels include up to 40 % of Chilean production.
Sector:
Energy
Sub-Sector:
Obligations Concerned:
National treatment (Investment)
Performance requirements (Investment)
Level of Government:
Central
Measures:
Political Constitution of the Republic of Chile, Chapter III (Constitución Política de la República de Chile, Capítulo III)
Law 18.097, Official Gazette, 21 January 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097, Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III)
Law 18.248, Official Gazette, 14 October 1983, Mining Code, Titles I and II (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y II)
Law 16.319, Official Gazette, 23 October 1965, Creates the Chilean Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario Oficial, octubre 23, 1965, Crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III)
Description:
Investment
The exploration, exploitation, and treatment (beneficio) of liquid or gaseous hydrocarbons, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined in each case by a Supreme Decree. For greater certainty, it is understood that the term ‘treatment’ (beneficio) shall not include the storage, transportation or refining of the energy 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 (Comisión Chilena de Energía Nuclear) or, with its authorisation, jointly with third persons. Should the Commission grant such an authorisation, it may determine the terms and conditions thereof.
Sector:
Mining
Sub-Sector:
Obligations Concerned:
National treatment (Investment)
Performance requirements (Investment)
Level of Government:
Central
Measures:
Political Constitution of the Republic of Chile, Chapter III (Constitución Política de la República de Chile, Capítulo III)
Law 18.097, Official Gazette, 21 January 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097, Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III)
Law 18.248, Official Gazette, 14 October 1983, Mining Code, Titles I and III (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y III)
Law 16.319, Official Gazette, 23 October 1965, Creates the Chilean Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario Oficial, octubre 23, 1965, Crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III)
Description:
Investment
The exploration, exploitation, and treatment (beneficio) of lithium, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined, in each case by a Supreme Decree.
Chile has the right of first offer at market prices and terms for the purchase of mineral products when thorium and uranium are contained in significant quantities.
For greater certainty, Chile may require that producers separate from mining products the portion of:
(a)
liquid or gaseous hydrocarbons;
(b)
lithium;
(c)
deposits of any kind existing in sea waters subject to national jurisdiction; and
(d)
deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, that exists, in significant amounts, in such mining products and that can be economically and technically separated, for delivery to or for sale on behalf of the State; for these purposes, ‘economically and technically separated’ means that the costs incurred to recover the four types of substances referred to in subparagraphs (a), (b) and (c) above through a sound technical procedure and to commercialise and deliver those substances shall be lower than their commercial value.
For greater certainty, the procedures for the granting of administrative concessions or special operation contracts do not, as applicable, per se, establish discriminatory treatment towards foreign investors. However, if Chile decides to exploit any of the above-mentioned mining resources by means of a competitive process granting to investors a concession or a special operating contract, the decision will be based solely on the terms of the tender in a transparent process of competitive non-discriminatory bidding.
Unless the conditions of the contract or concession stated otherwise, a subsequent transfer or disposal of whole or part of any right conferred under the contract or concession, shall not be conditioned upon the nationality of the acquirer.
Furthermore, only the Chilean Nuclear Energy Commission (Comisión Chilena de Energía Nuclear), or parties authorised by that Commission, may execute or enter into juridical acts regarding extracted natural atomic materials and lithium, as well as their concentrates, derivatives and compounds.
Sector:
Fisheries
Sub-Sector:
Aquaculture
Obligations Concerned:
National treatment (Investment)
Level of Government:
Central
Measures:
Decree 430, consolidated, coordinated and systematized text of Law 18.892 from 1989 and its modifications, General Law on Fisheries and Aquaculture, Official Gazette, 21 January 1992 Titles I and VI (Decreto 430 fija el texto refundido, coordinado y sistematizado de la ley No 18.892, de 1989 y sus modificaciones, Ley General de Pesca y Acuicultura Ley 18.892, Diario Oficial, enero 21, 1992, Títulos I y VI)