Courier services (CPC 7512)
Services relating to the handling (1) of postal items (2) according to the following list of sub-sectors, whether for domestic or foreign destinations:
(i)
handling of addressed written communications on any kind of physical medium (3), including
—
hybrid mail service, and
—
direct mail;
(ii)
handling of addressed parcels and packages (4);
(iii)
handling of addressed press products (5);
(iv)
handling of items referred to in (i) to (iii) above as registered or insured mail;
(v)
express delivery services (6) for items referred to in (i) to (iii) above;
(vi)
handling of non-addressed items; and
(vii)
other services not elsewhere specified.
(1), (2) and (3): None, except:
That under Decreto Supremo No 5037 of 4 November 1960 of the Ministry of Internal Affairs (Ministerio del Interior) and Decreto con Fuerza de Ley No 10 of 30 January 1982 of the Ministry of Transports and Telecommunications (Ministerio de Transporte y Telecomunicaciones) or its successors, the State of Chile may exercise, through the Empresa de Correos de Chile, a monopoly on the admission, transport and delivery of postal items (objetos de correspondencia). ‘Postal items’ means: letters, simple and postage-paid postcards, business papers, newsletters and printed matters of all kinds, including printed matter in Braille, merchandise samples, small packages up to one kilogram and special postal service consisting in the recording and delivery of sound messages (fonos postales).
International long-distance telecommunications services
(1), (2) and (3): None.
Local basic telecommunication services and networks, intermediate telecommunications services, supplementary telecommunications services, and limited telecommunications services
(1), (2), and (3): None.
Construction services (CPC 511, 512, 513, 514, 515, 516, 517 and 518)
(1), (2), and (3): Unbound.
Commission agents' services (CPC 621)
(1), (2), and (3): None.
Wholesale trade services (CPC 622, 61111, 6113 and 6121)
(1), (2), and (3): None.
Retailing services (CPC 632, 61111, 6113 and 6121)
(1), (2), and (3): None.
Franchising (CPC 8929)
(1), (2), and (3): None.
Environmental services (CPC 940)
(1), (2), and (3): Unbound, except for consultancy services.
Education services (CPC 92)
(1), (2), and (3): Unbound.
Health services – hospital, ambulance, residential health services (CPC 93, 931 other than 9312, part of 93191, 9311, 93192, 93193, 93199)
(1), (2), and (3): Unbound.
Health and social services, including pension insurance
(1), (2), and (3): Unbound.
Social services, including pension insurance
(1), (2), and (3): Unbound.
Hotels and restaurants, including catering (CPC 641, 642 and 643)
(1), (2), and (3): None.
Travel agencies and tour operators services (CPC 74710)
(1), (2), and (3): None.
Tourist guide services (CPC 74720)
(1), (2), and (3): None.
Entertainment services, including theatre, live bands and circus services (CPC 9619)
(1), (2), and (3): None.
Libraries, archives, museums and other cultural services (CPC 963)
(1), (2), and (3): None.
Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than 96492)
(1), (2), and (3): Unbound.
News agency services (CPC 962)
(1), (2), and (3): Unbound.
Sporting and other recreational services (CPC 9641)
(1), (2) and (3): None, except that a specific type of legal entity may be required for sporting organisations that develop professional activities. In addition, on a national treatment basis: (a) it is not permitted to participate with more than one team in the same category of a sport competition; (b) specific regulations may be established on equity ownership in sporting companies; and (c) minimal capital requirement may be imposed.
Gambling and betting services (CPC 96492)
(1), (2), and (3): Unbound.
Other recreational services n.e.c. (CPC 96499)
(1), (2), and (3): None.
Maritime transport services (CPC 721)
Passenger transportation (CPC 7211)
(1) and (2): None.
(3):
(a)
Establishment of registered company for the purpose of operating a fleet under the national flag of Chile: Unbound.
(b)
Other forms of commercial presence for the supply of international maritime transport services (7): None.
Freight transportation (CPC 7212)
Rental/Leasing of vessels including crew (CPC 7223)
Maintenance and repair of vessels (CPC 8868)
Pushing and towing services (CPC 72140)
Support services related to maritime transport (CPC 745)
Loading and unloading services (CPC 741)
Storage and warehouse services (CPC 742)
Internal waterways transport (CPC 722)
(1), (2), and (3): Unbound.
Rail transport and auxiliary services to rail transport
(1), (2), and (3): Unbound.
Road transport services: Freight transportation (CPC 7123)
(1), (2), and (3): None.
Road transport services: Rental of commercial vehicles with operator (CPC 71222 – Rental services of passenger cars with operator)
(1), (2), and (3): None.
Road transport services: Maintenance and repair of road transport equipment (CPC 6112 – Maintenance and repair services of motor vehicles)
(1), (2), and (3): None.
Road transport services: Supporting services for road transport services (CPC 7441 – Bus station services)
(1), (2), and (3): None.
Services auxiliary to all modes of transport: Cargo handling services (CPC 741)
(1), (2), and (3): None.
Services auxiliary to all modes of transport: Storage and warehouse services (CPC 742)
(1), (2), and (3): None.
Services auxiliary to all modes of transport: Freight transport agency services (CPC 748)
(1), (2), and (3): None.
Pipeline transport: transportation of fuels and other goods (CPC 7131)
(1), (2) and (3): None, except that the service has to be supplied by juridical persons established under Chilean law and the supply of the service may be subject to a concession on a national treatment basis.
Aircraft repair and maintenance services
(1): Unbound.
(2) and (3): None.
Selling and marketing of air transport services
(1), (2) and (3): None.
Computer reservation systems (CRS) services
(1), (2) and (3): None.
Ground handling services
(1), (2) and (3): None.
Specialty air services
(1), (2) and (3): Unbound.
Space transport and rental of space craft
(1), (2) and (3): Unbound.
(1) The term ‘handling’ should be understood as including admission (admisión), transport (transporte) and delivery (entrega).
(2) ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.
(3) E.g. letter and postcards.
(4) Books and catalogues are included hereunder.
(5) Journals, newspapers and periodicals.
(6) Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit or confirmation of receipt.
(7) ‘Other forms of commercial presence for the supply of international maritime transport services’ means the ability of international maritime transport service suppliers of the other Party to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service within which the maritime transport constitutes a substantial element. This commitment shall not, however, be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery.
These activities include, but are not limited to:
(a)
marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
(b)
the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services;
(c)
the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
(d)
the provision of business information by any means, including computerised information systems and electronic data interchange (subject to this Agreement);
(e)
the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency; and
(f)
acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
ANNEX 17-D. EXPROPRIATION
The Parties confirm their shared understanding that:
(a) expropriation under Article 17.19 may be either direct or indirect and:
(i) direct expropriation occurs if an investment is nationalised or otherwise directly expropriated through formal transfer of title or outright seizure;
(ii) indirect expropriation occurs if a measure or series of measures of a Party has an effect equivalent to direct expropriation, in that it substantially deprives the investor of the fundamental attributes of property in its investment, including the right to use, enjoy and dispose of its investment, without formal transfer of title or outright seizure;
(b) the determination of whether a measure or series of measures of a Party, in a specific situation, constitutes an indirect expropriation requires a case-by-case, fact-based inquiry that considers, among other factors:
(i) the economic impact of the measure or series of measures of a Party, although the sole fact that a measure or series of measures of a Party has an adverse effect on the economic value of an investment does not establish that an indirect expropriation has occurred;
(ii) the duration of the measure or series of measures of a Party; and
(iii) the character of the measure or series of measures of a Party, including their object, purpose and context;
(c) for greater certainty, non-discriminatory measures of a Party that are designed and applied to achieve legitimate policy objectives, such as the protection of public health, social services, education, safety, the environment, including climate change, public morals, social or consumer protection, privacy and data protection, or the promotion and protection of cultural diversity, do not constitute indirect expropriations unless the impact of a measure or series of measures is so severe in light of its purpose that it is manifestly excessive.
ANNEX 17-E. TRANSFERS – CHILE (1)
1. Notwithstanding Article 17.20, Chile reserves the right of the Central Bank of Chile (Banco Central de Chile) to maintain or adopt measures in conformity with Law 18.840, Constitutional Organic Law of the Central Bank of Chile (Ley 18.840, Ley Orgánica Constitucional del Banco Central de Chile), Decree Law No3 of 1997, General Banking Act (Decreto con Fuerza de Ley No3 de 1997, Ley General de Bancos) and Law No18.45, Securities Market Law (Ley de Mercado de Valores No18.045), in order to ensure currency stability and the normal operation of domestic and foreign payments. Such measures include, inter alia, the establishment of restrictions or limitations on current payments and transfers (capital movements) to or from Chile, as well as transactions related to them, such as requiring that deposits, investments or credits from or to a foreign country, be subject to a reserve requirement (encaje).
2. Notwithstanding paragraph 1, the reserve requirement that the Central Bank of Chile can apply pursuant to Article 49 No2 of Law 18.840, shall not exceed 30 % of the amount transferred and shall not be imposed for a period which exceeds two years.
ANNEX 17-F. AGREEMENTS BETWEEN MEMBER STATES AND CHILE REFERRED TO IN ARTICLE 17.23
1. Agreement between the Belgo-Luxembourg Economic Union and the Republic of Chile on the Promotion and Reciprocal Protection of Investments, done in Brussels on 15 July 1992;