Sector:
All
Sub-Sector:
Obligations Concerned:
Most-favoured-nation treatment (Investment and CBTS)
Description:
Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force on, or signed prior to, the date of entry into force of this Agreement.
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force on, or signed after, the date of entry into force of this Agreement involving:
(a)
aviation;
(b)
fisheries; or
(c)
maritime matters, including salvage.
Existing Measures:
Sector:
Communications
Sub-Sector:
Satellite broadcasting of digital telecommunication services
Obligations Concerned:
Local presence (CBTS)
Description:
Cross-border trade in services
Chile reserves the right to adopt or maintain any measure related to cross-border trade in one-way satellite broadcasting of digital telecommunication services.
Existing Measures:
Law 18.168, Official Gazette, 2 October 1982, General Telecommunications Law, Titles I, II, III, V and VI (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II, III, V y VI)
Sector:
Communications
Sub-Sector:
Satellite broadcasting of digital telecommunication services
Obligations Concerned:
National treatment (Investment)
Most-favoured-nation treatment (Investment)
Performance requirements (Investment)
Senior management and boards of directors (Investment)
Description:
Investment
Chile reserves the right to adopt or maintain any measure related to the investors of the other Party or to their investments in one-way satellite broadcasting of digital telecommunication services.
Existing Measures:
Law 18.168, Official Gazette, 2 October 1982, General Telecommunications Law, Titles I, II, III, V and VI (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II, III, V y VI)
Sector:
Issues involving minorities
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)
Description:
Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.
Existing Measures:
Sector:
Issues involving indigenous peoples
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)
Description:
Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure according rights or preferences to indigenous peoples.
Existing Measures:
Sector:
Education
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)
Description:
Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to:
(a)
investors and an investment of an investor of the other Party in education; and
(b)
natural persons who supply educational services in Chile.
Subparagraph (b) includes teachers and auxiliary personnel supplying educational services in pre-school, kindergarten, special education, elementary, secondary or higher education, professional, technical or university education, and all other persons that supply services related to education, including sponsors of educational institutions of any kind, schools, lyceums, academies, training centres, professional and technical institutes or universities.
This reservation does not apply to investors and an investment of an investor of the other Party in kindergarten, pre-school, elementary or secondary private education institutions, that do not receive public resources, or to the supply of services related to second-language training, corporate, business, and industrial training and skills upgrading, which include consulting services relating to technical support, advice, curriculum, and programme development in education.
Existing Measures:
Sector:
Government finances
Sub-Sector:
Obligations Concerned:
National treatment (Investment)
Description:
Investment
Chile reserves the right to adopt or maintain any measure related to the acquisition, sale or disposal by the other Party's nationals of bonds, treasury securities or any other type of debt instruments issued by the Central Bank of Chile (Banco Central de Chile) or the Government of Chile. This entry is not intended to affect the rights of the other Party's financial institutions (banks) established in Chile to acquire, sell or dispose of such instruments when required for the purposes of regulatory capital.
Existing Measures:
Sector:
Fisheries
Sub-Sector:
Fishing-related activities
Obligations Concerned:
National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Description:
Investment and Cross-border trade in services
Chile reserves the right to control the activities of foreign fishing, including fish landing, first landing of fish processed at sea and access to Chilean ports (port privileges).
Chile reserves the right to control the use of beaches, land adjacent to beaches (terrenos de playas), water-columns (porciones de agua) and sea-bed lots (fondos marinos) for the issuance of maritime concessions. For greater certainty, ‘maritime concessions’ do not cover aquaculture.
Existing 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)
D.F.L. 340, Official Gazette, 6 April 1960, about Maritime Concessions (D.F.L. 340, Diario Oficial, abril 6, 1960, sobre Concesiones Marítimas)
Supreme Decree 660, Official Gazette, 28 November 1988, Maritime Concession Act (Decreto Supremo 660, Diario Oficial, noviembre 28, 1988, Reglamento de Concesiones Marítimas)
Supreme Decree 123 of the Ministry of Economic Affairs, Development and Reconstruction, Vice-Ministry of Fishing, Official Gazette, 23 August 2004, On Use of Ports (Decreto Supremo 123 del Ministerio de Economía, Fomento y Reconstrucción, Subsecretaría de Pesca, Diario Oficial, agosto 23, 2004, Sobre Uso de Puertos)
Sector:
Arts industries and cultural industries
Sub-Sector:
Obligations Concerned:
Most-favoured-nation treatment (Investment and CBTS)
Description:
Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any existing or future bilateral or multilateral international agreement, with respect to arts and cultural industries, such as audio-visual cooperation agreements.
For greater certainty, government-supported subsidy programmes for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement.
For the purposes of this entry, ‘arts and cultural industries’ includes:
(a)
books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b)
recordings of movies or videos;
(c)
music recordings in audio or video format;
(d)
printed music scores or scores readable by machines;
(e)
visual arts, artistic photography and new media;
(f)
performing arts, including theatre, dance and circus arts; and
(g)
media services or multimedia.
Existing Measures:
Sector:
Entertainment and broadcasting services
Sub-Sector:
Obligations Concerned:
National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Performance requirements (Investment)
Description:
Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to:
(a)
the organisation and presentation in Chile of concerts and musical performances; or
(b)
radio broadcasts aimed at the public in general, as well as all radio, television and cable television-related activities, satellite programming services and broadcasting networks.