Construction Services
Sub-Sector:
Industry Classification:
CPC 551
CPC 552
Type of Reservation:
National Treatment (Article H-02)
Local Presence (Article H-05) Level of Government:
Description:
Cross-Border Services
Chile reserves the right to adopt or maintain any measure with respect to the provision of construction services rendered by foreign juridical persons or legal entities imposing requirements of residence, registration and/or any other form of local presence, or imposing the obligation of giving financial security for work as a condition for the provision of construction services.
Existing Measures:
Sector:
Education
Sub-Sector:
Industry Classification:
CPC 92 Education Services
Type of Reservation:
National Treatment (Article H-02)
Most-Favoured-Nation Treatment (Article H-03)
Local Presence (Article H-05)
Description:
Cross-Border Services
Chile reserves the right to adopt or maintain any measure relating to natural persons who render education services, including teachers and ancillary personnel rendering educational services in elementary education, kindergarten, pre-school, special education, primary and high school education, higher education, professional, technical, and university education, including educational establishments of any kind as well as sponsors of educational establishments, schools, lyceums, academies, training centres, professional and technical institutes, and/or universities.
This reservation does not apply to the provision of services related to second language training, corporate, business and industrial training and skill upgrading which includes consulting services relating to technical support and advice and curriculum and program development in education.
Existing Measures:
Sector:
Environmental Services
Sub-Sector:
Industry Classification:
CPC 94 Sewage and refuse disposal, sanitation and other environmental protection services
Type of Reservation:
National Treatment (Article H-02)
Most-Favoured-Nation Treatment (Article H-03)
Local Presence (Article H-05) Level of Government:
Description:
Cross-Border Services
Chile reserves the right to adopt or maintain any measure imposing the requirement that the production and distribution of potable water and the collection and disposal of waste water, sanitation services such as sewage, waste disposal and waste water treatment can only be provided by Chilean juridical persons.
This reservation does not apply to consultancy services contracted by Chilean juridical persons.
Existing Measures:
Sector:
Fisheries
Sub-Sector:
Fishing-Related Activities
Industry Classification:
CPC 882 Services incidental to fishing
CPC 04 Fish and other fishing products
Type of Reservation:
National Treatment (Article G-02, H-02)
Most-Favoured-Nation Treatment (Article H-03)
Description:
Cross-Border Services and Investment
Chile retains the right to control the activities of foreign fishing, including fish landings, the 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" does not include aquaculture.
Existing Measures:
Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación
Decreto con Fuerza de Ley 340, Diario Oficial, abril 6, 1960, sobre Concesiones Marítimas
Decreto Supremo 660 del Ministerio de Defensa Nacional, Diario Oficial, noviembre 28, 1988, Reglamento de Concesiones Marítimas.
Sector:
Government Finance
Sub-Sector:
Securities
Industry Classification:
CPC 91112 Administrative Services of Government - Financial and Fiscal Services
Type of Reservation:
National Treatment (Article G-02)
Description:
Investment
Chile reserves the right to adopt or maintain any measure relating to the acquisition, sale or other disposition by nationals of Canada, of bonds, treasury bills or other kinds of debt securities issued by the Central Bank or Government of Chile.
Existing Measures:
Sector:
Minority Affairs
Sub-Sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles G-02, H-02)
Most-Favoured-Nation Treatment (Article H-03)
Local Presence (Article H-05)
Performance Requirements (Article G-06)
Senior Management and Boards of Directors (Article G-07)
Description:
Cross-Border Services
and Investment
Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.
Existing Measures:
Sector:
Social Services
Sub-Sector:
Industry Classification:
CPC 913 Compulsory Social Security Services
CPC 92 Education Services
CPC 93 Health and Social Services
Type of Reservation:
National Treatment (Articles G-02, H-02)
Most-Favoured-Nation Treatment (Article H-03)
Local Presence (Article H-05)
Senior Management and Board of Directors (Article G-07)
Description:
Cross-Border Services and Investment
Chile reserves the right to adopt or maintain any measure with respect to the provision of public law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.
Existing Measures:
Sector:
Professional, Technical and Specialized Services
Sub-Sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles G-02, H-02)
Local Presence (Article H-05)
Description:
Investment and Cross-Border Services
Where Canada, at the federal or the provincial level, maintains a measure respecting citizenship, permanent residency or local presence in a sector, Chile reserves the right to adopt or maintain an equivalent measure with respect to such service providers in the same sector and for the same period of time as Canada, at the federal or provincial level, maintains the measure.
Existing Measures:
Annex III. Exceptions to most-favored-nation treatment (chapter g)
Annex III. Schedule of Canada
Canada takes an exception to Article G-03 for treatment accorded under all bilateral or multilateral international agreements in force or signed prior to the date of entry into force of this Agreement.
For international agreements in force or signed after the date of entry into force of this Agreement, Canada takes an exception to Article G-03 for treatment accorded under those agreements involving:
a. aviation;
b. fisheries;
c. maritime matters, including salvage; or
d. telecommunications transport networks and telecommunications transport services (this exception does not apply to measures covered by Chapter I (Telecommunications)).
For greater certainty, Article G-03 does not apply to any current or future foreign aid program to promote economic development, such as those governed by the Energy Economic Cooperation Program with Central America and the Caribbean (Pacto de San José) and the OECD Agreement on Export Credits.
Annex III. Schedule of Chile
Chile takes an exception to Article G-03 for treatment accorded under all bilateral or multilateral international agreements in force or signed prior to the date of entry into force of this Agreement.
For international agreements in force or signed after the date of entry into force of this Agreement, Chile takes an exception to Article G-03 for treatment accorded under those agreements involving:
a. aviation;
b. fisheries;
c. maritime matters, including salvage; or
d. telecommunications transport networks and telecommunications transport services (this exception does not apply to measures covered by Chapter I (Telecommunications)).
For greater certainty, Article G-03 does not apply to any current or future foreign aid program to promote economic development, including export credit practices in conformity with the interest rate provisions of the OECD Agreement on Export Credits.
Canada-Chile Agreement on Environmental Cooperation
Preamble
The Government of Canada and the Government of the Republic of Chile:
Convinced of the importance of the conservation, protection and enhancement of the environment in their territories and the essential role of cooperation in these areas in achieving sustainable development for the well-being of present and future generations;
Reaffirming the sovereign right of States to exploit their own resources pursuant to their own environmental and development policies and their responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;
Recognizing the global nature of the environment;
Acknowledgments the growing economic and social links between them, including the Canada-Chile Free Trade Agreement (CCFTA);
Recalling that Canada and Chile share a commitment to pursue policies which promote sustainable development, and that sound environmental management is an essential element of sustainable development;
Reconfirming the importance of the environmental goals and objectives of the CCFTA, including enhanced levels of environmental protection;
Emphasizing the importance of public participation in conserving, protecting and enhancing the environment;
Noting the existence of differences in their respective natural endowments, climatic and geographical conditions, and economic, technological and infrastructural capabilities;
Reaffirming the Stockholm Declaration on the Human Environment of 1972 and the Rio Declaration on Environment and Development of 1992;
Recalling their tradition of environmental cooperation and expressing their desire to support and build on international environmental agreements and existing policies and laws, in order to promote cooperation between them;
Recognizing the desire to build on progress made through the cooperative activities of the Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Department of Industry Canada and the National Commission on the Environment of Chile;
Convinced of the benefits to be derived from a framework, including a Commission, to facilitate effective cooperation on the conservation, protection and enhancement of the environment in their territories; and
Desiring to facilitate the accession of Chile to the North American Agreement on Environmental Cooperation;
Have Agreed as follows:
Part One
Objectives
Article 1: Objectives
The objectives of this Agreement are to: