Only lawyers (abogados) duly qualified to practise law shall be authorised to plead a case in Chilean courts and to file the first legal action or claim of each party.
None of these measures apply to foreign legal consultants who practise or advise on international law or on the law of the other Party.
Sector:
Professional, technical and specialised services
Sub-Sector:
Auxiliary services in the administration of justice
Obligations Concerned:
National treatment (CBTS)
Local presence (CBTS)
Level of Government:
Central
Measures:
Tribunals Organic Code, Titles XI and XII, Official Gazette, 9 July 1943, (Código Orgánico de Tribunales, Títulos XI y XII, Diario Oficial, julio 9, 1943)
Real State Custodian Registry Act, Titles I, II and III, Official Gazette, 24 June 1857 (Reglamento del Registro Conservador de Bienes Raíces, Títulos I, II y III, Diario Oficial, junio 24, 1857)
Law 18.118, Official Gazette, 22 May 1982, Title I (Ley 18.118, Diario Oficial, mayo 22, 1982, Título I)
Decree 197 of the Ministry of Economic Affairs, Development and Reconstruction, Official Gazette, 8 August 1985 (Decreto 197 del Ministerio de Economía, Fomento y Reconstrucción, Diario Oficial, agosto 8, 1985)
Law 18.175, Official Gazette, 28 October 1982, Title III (Ley 18.175, Diario Oficial, octubre 28, 1982, Título III)
Description:
Cross-border trade in services
Justice ancillaries (auxiliares de la administración de justicia) must have their residence in the same city or place where the court house for which they render services is domiciled.
Public defenders (defensores públicos), public notaries (notarios públicos), and custodians (conservadores) shall be Chilean natural persons and fulfil the same requirements needed to become a judge.
Archivists (archiveros), public defenders (defensores públicos) and arbitrators at law (árbitros de derecho) must be lawyers (abogados) and, therefore, Chilean or foreign nationals with residence in Chile who have completed the totality of their legal studies in Chile. Lawyers of the other Party may assist in arbitration when dealing with the law of that other Party and international law and when the private parties request it.
Only Chilean natural persons with the right to vote, and foreign natural persons with permanent residence in Chile and the right to vote, can act as process servers (receptores judiciales) and superior court attorneys (procuradores del número).
Only Chilean natural persons, foreign natural persons with permanent residence in Chile or Chilean juridical persons may be auctioneers (martilleros públicos).
Receivers in bankruptcy (síndicos de quiebra) must have a professional or technical degree granted by a university or a professional or technical institute recognised by Chile. Receivers in bankruptcy must have at least three years of experience in the commercial, economic or juridical field.
Sector:
Transportation
Sub-Sector:
Water transport services and shipping
Obligations Concerned:
Most-favoured-nation treatment (Investment and CBTS)
Level of Government:
Central
Measures:
Decree Law 3.059, Official Gazette, 22 December 1979, Merchant Fleet Promotion Law, Titles I and II (Decreto Ley 3.059, Diario Oficial, 22 de diciembre de 1979, Ley de Fomento a la Marina Mercante, Títulos I y II)
Supreme Decree 237, Official Gazette, 25 July 2001, Act of Decree Law 3.059, Titles I and II (Decreto Supremo 237, Diario Oficial, julio 25, 2001, Reglamento del Decreto Ley 3.059, Títulos I y II)
Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V)
Description:
Investment and Cross-border trade in services
Feeder services are reserved for national vessels when the cargo is moved between two Chilean ports.
International maritime transport of cargo to or from Chile is subject to the principle of reciprocity.
In the event that Chile should adopt, for reasons of reciprocity, a cargo reservation measure applicable to international cargo transportation between Chile and a third country, the reserved cargo shall be transported in vessels flying the Chilean flag or in vessels considered as Chilean vessels.
Sector:
Transportation
Sub-Sector:
Water transport services and shipping
Obligations Concerned:
National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Senior management and boards of directors (Investment)
Local presence (CBTS)
Level of Government:
Central
Measures:
Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law, Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II, III, IV y V)
Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y 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 constituted with principal domicile and real and effective seat in Chile. In addition, more than 50 % of its capital must be held by Chilean natural or juridical persons. For these purposes, a juridical person with ownership participation in another juridical person that owns a vessel has to comply with all the aforementioned requisites. The president, manager and majority of the directors or administrators must be Chilean natural persons.
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 Chileans; and (3) the majority of the rights of the joint ownership 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 aforementioned requisites to be considered Chilean.
Special vessels owned by foreign natural or juridical persons may be registered in Chile if those persons meet the following conditions: (1) domicile in Chile; (2) principal head office in Chile; or (3) undertaking a profession or commercial activity in a permanent way in Chile.
‘Special vessels’ are those used in services, operations or for specific purposes, with special features for the functions they perform, such as tugboats, dredgers, scientific or recreational vessels, among others. For the purposes of this paragraph, a special vessel does not include a fishing vessel.
The maritime authority may provide better treatment based on the principle of reciprocity.
Sector:
Transportation
Sub-Sector:
Water transport services and shipping
Obligations Concerned:
National treatment (CBTS)
Most-favoured-nation treatment (CBTS)
Local presence (CBTS)
Level of Government:
Central
Measures:
Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law, Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, 31 mayo de 1978, Ley de Navegación, Títulos I, II, III, IV y V)
Supreme Decree 153, Official Gazette, 11 March 1966, Approves the Sea People, Fluvial and Lacustrine Personnel Registration General Act (Decreto Supremo 153, Diario Oficial, 11 marzo de 1966, Aprueba el Reglamento General de Matrícula del Personal de Gente de Mar, Fluvial y Lacustre)
Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V)
Description:
Cross-border trade in services
Foreign vessels shall be required to use pilotage, anchoring and harbour pilotage services when the maritime authorities so require. In tugging activities or other manoeuvres performed in Chilean ports, only tugboats flying the Chilean flag shall be used.
Captains shall be required to be Chilean nationals and to be acknowledged as such by the pertinent authorities. Officers on Chilean vessels must be Chilean natural persons registered in the Officers' Registry (Registro de oficiales). Crewmembers of a Chilean vessel must be Chilean, have the permit granted by the Maritime Authority (Autoridad Marítima) and be registered in the respective Registry. Professional titles and licences granted by a foreign country may be considered valid for the discharge of officers' duties on Chilean vessels pursuant to a substantiated resolution (resolución fundada) issued by the Director of the Maritime Authority.
Ship captains (patrón de nave) shall be Chilean nationals. A ship captain is a natural person who, pursuant to the corresponding title awarded by the Director of the Maritime Authority, is empowered to exercise command on smaller vessels and on certain special larger vessels.
Fishing boat captains (patrones de pesca), machinists (mecánicos-motoristas), machine operators (motoristas), sea-faring fishermen (marineros pescadores), small-scale fishermen (pescadores), industrial or maritime trade technical employees or workers, and industrial and general ship service crews on fishing factories or fishing boats shall be required to be Chilean nationals. Foreigners with domicile in Chile shall also be authorised to perform those activities when so requested by ship operators (armadores) for being indispensable to initiate those activities.
In order to fly the Chilean flag, the ship captain (patrón de nave), officers and crew must be Chilean nationals. Nevertheless, if indispensable, the General Directorate for the Maritime Territory and Merchant Fleet (Dirección General del Territorio Marítimo y de Marina Mercante), on the basis of a substantiated resolution (resolución fundada) and on a temporary basis, may authorise the hiring of foreign personnel, with the exception of the captain, who must always be a Chilean national.
Only Chilean natural or juridical persons shall be authorised to act in Chile as multimodal operators.
Sector:
Transportation
Sub-Sector:
Water transport services and shipping
Obligations Concerned:
National treatment (Investment and CBTS)
Senior management and boards of directors (Investment)
Local presence (CBTS)
Level of Government:
Central
Measures:
Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V)
Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law, Titles I, II and IV (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II y IV)
Decree 90 of the Ministry of Labour and Social Welfare, Official Gazette, 21 January 2000 (Decreto 90 del Ministerio de Trabajo y Previsión Social, Diario Oficial, enero 21, 2000)
Decree 49 of the Ministry of Labour and Social Welfare, 16 July 1999 (Decreto 49 del Ministerio de Trabajo y Previsión Social, Diario Oficial, julio 16, 1999)
Labour Code, Book I, Title II, Chapter III, paragraph 2 (Código del Trabajo, Libro I, Título II, Capítulo III, párrafo 2)
Description:
Investment and Cross-border trade in services
Shipping agents or representatives of ship operators, owners or captains, whether they are natural or juridical persons, shall be required to be Chilean.
Work of stowage and dockage performed by natural persons is reserved to Chileans who are duly accredited by the corresponding authority to carry out such work and have an office established in Chile. Whenever these activities are carried out by juridical persons, they must be legally constituted in Chile and have their principal domicile in Chile. The chairman, administrators, managers or directors must be Chilean. More than 50 % of the corporate capital must be held by Chilean natural or juridical persons. Such enterprises shall designate one or more empowered agents, who will act in their representation and who shall be Chilean nationals.
Anyone unloading, transhipping and, generally, using continental or insular Chilean ports, particularly for landing fish catches or processing fish catches on board, shall also be required to be a Chilean natural or juridical person.
Sector:
Transportation
Sub-Sector:
Land transportation
Obligations Concerned:
National treatment (CBTS)
Most-favoured-nation treatment (CBTS)
Local presence (CBTS)
Level of Government:
Central
Measures:
Supreme Decree 212 of the Ministry of Transport and Telecommunications, Official Gazette, 21 November 1992 (Decreto Supremo 212 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, noviembre 21, 1992)
Decree 163 of the Ministry of Transport and Telecommunications, Official Gazette, 4 January 1985 (Decreto 163 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, enero 4, 1985)
Supreme Decree 257 of the Ministry of Foreign Affairs, Official Gazette, 17 October 1991 (Decreto Supremo 257 del Ministerio de Relaciones Exteriores, Diario Oficial, octubre 17, 1991)
Description:
Cross-border trade in services
Foreign natural and juridical persons qualified to supply international transportation services in the territory of Chile cannot supply local transportation services or participate in any manner whatsoever in those activities in the territory of Chile.
Only companies with actual and effective domicile in Chile and organised under the laws of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay shall be authorised to supply international land transportation services between Chile and Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.
Furthermore, to obtain an international land transport permit, in the case of foreign juridical persons, more than 50 % of its corporate capital and effective control shall be held by nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.
Sector:
Transportation
Sub-Sector:
Land transportation
Obligations Concerned:
Most-favoured-nation treatment (CBTS)
Level of Government:
Central
Measures:
Law 18.290, Official Gazette, 7 February 1984, Title IV (Ley 18.290, Diario Oficial, febrero 7, 1984, Título IV)
Supreme Decree 485 of the Ministry of Foreign Affairs, Official Gazette, 7 September 1960, Geneva Convention (Decreto Supremo 485 del Ministerio de Relaciones Exteriores, Diario Oficial, septiembre 7, 1960, Convención de Ginebra)
Description:
Cross-border trade in services
Motor vehicles bearing foreign licence plates that enter Chile on a temporary basis, pursuant to provisions set out in Convention on Road Traffic, done at Geneva on 19 September 1949 (‘Geneva Convention’), shall circulate freely throughout the territory of Chile for the period established therein, provided that they comply with the requirements established by Chilean law.
Holders of valid international driving licences or certificates issued in a foreign country in accordance with the Geneva Convention may drive anywhere within the territory of Chile. The driver of a vehicle bearing foreign licence plates who holds an international driver's licence shall present, upon request by the authorities, the documents certifying both the roadworthiness of the vehicle and the use and validity of his or her personal documents.
(1) For greater certainty, a contract of employment (contrato de trabajo) is not mandatory for the supply of cross-border trade in services.
ANNEX 17-B. RESERVATIONS FOR FUTURE MEASURES
Headnotes
1.
The schedules of the Parties in Appendices 17-B-1 and 17-B-2 set out, pursuant to Articles 17.14 and 18.8, the reservations taken by the Parties with respect to existing or more restrictive or new measures that do not conform with obligations imposed by:
(a)
Article 18.6;
(b)
Article 17.9 or 18.4;
(c)