Decree 34 of the Ministry of Defense, Official Gazette, February 10, 1968.
Decree Supreme Decree 102 of Ministry of Transportes and Telecommunications, Official Gazette, June 17, 1981.
Supreme Decree 172 of the Ministry of Defense, Official Gazette, March 5, 1974.
Supreme Decree 37 of the Ministry of Defense, Official Gazette, December 10, 1991.
Decree 234 of the Ministry of Defense, Official Gazette, June 19, 1971.
Description: Investment and cross-border trade in services
Only a Chilean natural or juridical person may register an aircraft in Chile. A legal person must be incorporated in Chile with its main domicile and real and effectiveseat andin Chile. In addition, the majority of its ownership must belong to Chilean individuals or legal entities, which in turn must meet the above requirements
The president, manager and the majority of the directors or administrators of the legal entity must be Chilean.
Foreign-registered private aircraft engaged in non-commercial activities may not remain in Chile without authorization from the Directorate General of Civil Aeronautics for more than 30 days from the date of their entry into the country.
In order to work as a crew member of aircraft operated by a Chilean airline, foreign aeronautical personnel must first obtain a national license with the respective authorizations that allow them to perform their functions.
Foreign aeronautical personnel may exercise their activities in Chile only if the license or rating granted in another country is recognized by the Chilean civil aeronautical authority as valid. In the absence of an international agreement regulating such recognition, it shall be made under reciprocity conditions. In such case, it shall be demonstrated that the licenses and ratings were issued or validated by the competent authority in the State of registration of the aircraft, that they are in force and that the requirements to extend or validate them are equal or superior to those established in Chile for similar cases.
Air transport services may be carried out by Chilean or foreign air navigation companies provided that, on the routes they operate, the other States grant similar conditions for Chilean air companies, when they so request. The Civil Aeronautics Board, by founded resolution, may terminate, suspend or limit cabotage services or other kinds of commercial air navigation services, which are performed exclusively within the national territory by foreign companies or aircraft, if their country of origin does not effectively grant or recognize the right to equal treatment to Chilean companies or aircraft.
In order for foreign civil aircraft not engaged in commercial transport activities and those engaged in commercial air transport activities on a non-scheduled basis to have the right to enter Chilean territory, including its jurisdictional waters, to fly over it and to make stopovers therein for non-commercial purposes, they must inform the Civil Aeronautics Board at least twenty-four hours in advance. Aircraft engaged in non-scheduled commercial air transportation may not take or leave passengers, cargo or mail in Chilean territory without prior authorization granted by the Civil Aeronautics Board.
Sector: Transportation
Subsector: Land transportation by road
Obligations affected: National Treatment (Article 12.3)
Most-Favored-Nation Treatment (Article 12.4) Local Presence (Article 12.6)
Measures: Decree Supreme Decree 212 of Ministry of Transportes and Telecommunications, Official Gazette, November 21, 1992.
Decree 163 from Ministry of Transportation and Telecommunications, Official Gazette, January 4, 1985.
Supreme Decree 257 of the Ministry of Foreign Affairs, Official Gazette, October 17, 1991.
Description: Cross-border trade in services
Providers of land transportation services must register in the National Registry by means of an application to be submitted to the Regional Ministerial Secretary of Transportation and Telecommunications. In the case of urban services, the interested parties must submit the application to the Regional Secretary with jurisdiction in the locality where the service will be provided and, in the case of rural and interurban services, in the region corresponding to the domicile of the interested party. The application for registration must specify the information required by law and attach, among other information, a photocopy of the national identity card, duly legalized, and in the case of legal entities, the public instruments evidencing their incorporation, name and domicile of the legal representative in the case of legal entities and the document evidencing such representative. Foreign natural or juridical persons authorized to provide international transportation in the territory of Chile may not perform local transportation services or participate, in any way, in such activities within the national territory.
Sector: Transportation
Subsector: Water transportation
Obligations affected: National Treatment (Articles 11.2 and 12.3)
Most-Favored-Nation Treatment (Articles 11.3 and 12.4) Local Presence (Article 12.6)
Senior Executives and Boards of Directors (Article 11.7)
Measures: Decree Law 3.059, Official Gazette, December 22, 1979, Merchant Marine Development Law, Titles I and II.
Supreme Decree 24, Diario Oficial, March 10, 1986, Regulation of Decree Law 3.059, Titles I and II.
Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II, III, IV and V.
Supreme Decree 153, Official Gazette, March 11, 1966, Approves the General Regulations for the Registration of Seafarers, River and Lake Personnel.
Code of Commerce, Book III, Titles I, IV and V.
Law 19,420, Official Gazette, October 23, 1995, Establishes incentives for the economic development of the provinces of Arica and Parinacota and amends the legal bodies indicated therein, Title Miscellaneous Provisions.
Description: Investment and cross-border trade in services
Only a Chilean natural or juridical person may register a vessel in Chile. A juridical person must be incorporated with its principal domicile and real and effective seat in Chile. The president, manager and the majority of the directors or administrators must be Chilean natural persons. In addition, more than 50 percent of its capital stock must be held by Chilean natural or juridical persons. For these purposes, a juridical person that has an interest in another juridical person that owns a vessel must comply with all the aforementioned requirements.
A community may register a vessel if (1) the majority of the co-owners are Chilean with domicile and residence in Chile; (2) the administrators are Chilean; and (3) the majority of the rights in the community belong to Chilean individuals or legal entities. For these purposes, a legal entity that is a co-owner of a vessel must comply with all the above mentioned requirements to be considered Chilean.
Special vessels owned by foreign natural or juridical persons domiciled in Chile may, under certain conditions, be registered in the country. For these purposes, a special vessel does not include a fishing vessel. The conditions required to register special vessels owned by foreign natural or juridical persons are the following: (1) domicile in Chile; (2) principal place of business in the country; or (3) permanently exercising a profession or industry in Chile. The maritime authority may, for reasons of national security, impose special rules restricting their operations.
The maritime authority may grant better treatment based on the principle of reciprocity.
Foreign vessels must use pilotage, anchoring and port pilotage services when required by the maritime authorities. Only Chilean flag tugboats may be used for towing or other maneuvers in Chilean ports.
To be a captain, it is necessary to be a Chilean national and hold the title of captain conferred by the corresponding authority. To be an officer of Chilean vessels, it is necessary to be a Chilean natural person and to be registered in the Register of Officers. To be a crew member of Chilean vessels, it is necessary to be Chilean, have a registration or permit granted by the Maritime Authority and be registered in the respective Registry. Professional degrees and licenses granted in a foreign country shall be valid to serve as officer in national vessels when the Director so provides by a founded resolution.
The ship's master must be Chilean. The ship's master is the natural person who, in possession of the title granted by the Director, is qualified to command smaller vessels and certain special larger vessels.
Only Chileans or foreigners domiciled in Chile may work as fishing skippers, mechanics-motorists, motorists, seamen-fishermen, fishermen, fishermen, employees or technical workers of maritime industries or commerce and as crew members of industrial and general services of factory or fishing vessels when requested by the shipowners because they are indispensable for the initial organization of the work.
In order to fly the national flag, the captain or master of the vessel, its officers and crew must be Chilean. Notwithstanding, the General Directorate of Maritime Territory and Merchant Marine, by means of a well-founded resolution and on a transitory basis, may authorize the hiring of foreign personnel when indispensable, except for the captain, who shall always be Chilean.
To work as a multimodal operator in Chile, it is necessary to be a Chilean natural or legal person.
Cabotage is reserved for Chilean vessels. It shall mean the maritime, fluvial or lake transportation of passengers and cargo between different points of the national territory and between these and naval artifacts installed in the territorial sea or in the Exclusive Economic Zone.
Foreign merchant vessels may participate in cabotage in the case of cargo volumes of more than 900 tons, after a public bidding process carried out by the user and called with due notice. In the case of cargo volumes equal to or less than 900 tons and there is no availability of vessels under the Chilean flag, the Maritime Authority shall authorize the loading of such cargo on foreign merchant vessels. The cabotage reservation for Chilean vessels shall not apply in the case of cargo coming from or bound for ports in the province of Arica.
In the event that Chile adopts, for reasons of reciprocity, a measure of cargo reservation in the international transportation of cargo between Chile and another non-Party country, the cargo that is reserved shall be carried on vessels flying the Chilean flag or reputed as such.
Sector: Transportation
Subsector: Water transportation
Obligations affected: National Treatment (Articles 11.2 and 12.3) Local Presence (Article 12.6)
Senior Executives and Boards of Directors (Article 11.7)
Measures:
Commercial Code, Book III, Titles I, IV and V
Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II and IV.
Decree 90 of the Ministry of Labor and Social Security, Official Gazette January 21, 2000.
Decree 49 of the Ministry of Labor and Social Security, Official Gazette July 16, 1999.
Labor Code, Book I, Title II, Chapter III, paragraph 2.
Description:
Investment and cross-border trade in services
Ship agents or representatives of ship operators, owners or captains, whether natural or juridical persons, must be Chilean nationals.
Port stevedoring and wharfage work performed by natural persons is reserved to Chileans who are duly accredited before the corresponding authority to perform the port work indicated in the law and have an office established in Chile.
When the activities are carried out by legal entities, they must be legally incorporated in the country and have their main domicile in Chile. The president, administrators, managers or directors must be Chilean. At least 50 percent of the capital stock must belong to Chilean individuals or legal entities. Such companies must appoint one or more attorneys-in-fact to act on their behalf, who must be Chilean.
Port workers must pass a basic port safety course at a Technical Execution Agency authorized by the National Training and Employment Service, in accordance with the rules established in the respective regulations.
All those who disembark, transship and, in general, must also be Chilean individuals or legal entities,
make use of Chilean continental or insular ports, especially for fishing catches or fishing catches processed on board.
Annex I. List of Peru
Sector: All sectors
Subsector:
Obligations Affected: National Treatment (Article 11.2)
Measures: Peruvian Constitution of 1993, Article 71
Legislative Decree No. 757, Official Gazette "El Peruano", November 13, 1991, Framework Law for the Growth of Private Investment, Article 13.
Description: Investment
Within fifty kilometers of the frontiers, foreigners may not acquire or possess by any title whatsoever, mines, lands, forests, waters, fuels or energy sources, directly or indirectly, individually or in partnership, under penalty of forfeiting, for the benefit of the State, the right thus acquired. An exception is made in the case of public necessity expressly declared by supreme decree approved by the Council of Ministers, in accordance with the law.
For each case of acquisition or possession in the referred area, the investor must submit the corresponding request to the competent Ministry in accordance with the legal regulations in force. For example, it has been given this type of authorization in the mining sector.
Sector: Fishing and fishing-related services
Subsector:
Obligations affected: National Treatment (Article 12.3)
Measures: Supreme Decree N° 012-2001-PE, Diario Oficial "El Peruano" of March 14, 2001, Regulation of the General Fisheries Law, articles 67, 68, 69 and 70.
Description: Cross-Border Trade in Services
The owners of foreign flag fishing vessels, prior to the start of their operations, shall submit a joint and several, irrevocable, unconditional and automatic performance bond, valid for no more than 30 calendar days after the date of the termination of the fishing permit, issued in favor and to the satisfaction of the Ministry of Production, by a banking, financial or insurance institution, duly recognized by the Superintendence of Banking and Insurance. Said letter shall be issued for a value equivalent to 25) of the amount due for payment of fishing rights.
Owners of foreign-flagged fishing vessels, other than those of larger scale, operating in Peruvian jurisdictional waters are required to have the Satellite Tracking System on their vessels, unless a Ministerial Resolution exempts owners of highly migratory fisheries from this obligation.
Foreign-flagged fishing vessels with a fishing permit must carry on board a scientific technical observer designated by the Peruvian Sea Institute (IMARPE). The shipowners, in addition to providing accommodation on board for said representative, must pay an allowance per day of boarding, which will be deposited in a special account managed by IMARPE for this purpose.
Owners of foreign-flagged fishing vessels operating in Peruvian jurisdictional waters must hire a minimum of 30% Peruvian crew members, subject to applicable national legislation.
Sector: Broadcasting services
Subsector:
Obligations affected: National Treatment (Article 11.2) Local Presence (Article 12.6)
Measures: Law No. 28278, Official Gazette "El Peruano" of July 16, 2004, Radio and Television Law, Article 24.
Description: Investment and Cross-Border Trade in Services
Only natural persons of Peruvian nationality or legal entities incorporated under Peruvian law and domiciled in Peru may be holders of authorizations and licenses for broadcasting services.
The participation of foreigners in such legal entities may not exceed 40% of the total participations or shares of the capital stock, and they must also be owners or have participation or shares in broadcasting companies in their countries of origin.
The foreigner, neither directly nor through a sole proprietorship, may be the holder of an authorization or license.
Sector: Audiovisual services
Subsector:
Obligations affected: National Treatment (Article 12.3)
Performance Requirements (Article 11.6)
Measures: Law No. 28278, Official Gazette "El Peruano" of July 16, 2004, Radio and Television Law, Eighth Complementary and Final Provision.
Description: Investment and Cross-Border Trade in Services
The owners of broadcasting services (open signal) must establish a minimum national production of 30% of their programming, between 5:00 a.m. and midnight, on a weekly average.
Sector: Broadcasting services
Subsector:
Obligations affected: National Treatment (Articles 11.2 and 12.3)
Most-Favored-Nation Treatment (Articles 11.3 and 12.4)
Measures: Supreme Decree No. 005-2005-MTC, Official Gazette "El Peruano" of February 15, 2005, Regulation of the Radio and Television Law, Article 20.
Description: Investment and Cross-Border Trade in Services
If a foreigner is, directly or indirectly, a shareholder, partner or associate of a juridical person, such juridical person may not hold authorizations to provide the broadcasting service within the localities bordering the country of origin of such foreigner, except in the case of public necessity authorized by the Council of Ministers.
This restriction does not apply to legal entities with foreign participation that have two or more authorizations in force, provided that they are in the same frequency band.
Sector: All sectors
Subsector:
Obligations affected: National Treatment (Article 12.3)
Senior Executives and Boards of Directors (Article 11.7)
Measures: Legislative Decree No. 689, Official Gazette "El Peruano", November 5, 1991, Law for the Hiring of Foreign Workers, articles 1, 3, 4, 5 (as amended by Law No. 26196) and 6.
Description: Investment and Cross-Border Trade in Services
Employers, whatever their activity or nationality, shall give preference to hiring national workers.
Foreign natural persons providing services and employed by companies providing services may render services in Peru through an employment contract, which must be entered into in writing and for a specific term, for a maximum period of 3 years, which may be extended successively for equal periods, and must also include the commitment to train national personnel in the same occupation.
Foreign natural persons may not represent more than 20% of the total number of servers, employees and workers of a company, and their remunerations may not exceed 30% of the total payroll. These percentages shall not apply in the following cases:
(1) When the foreign service provider is a spouse, ascendant, descendant or sibling of a Peruvian.
(2) In the case of personnel of foreign companies engaged in international land, air or water transportation services with foreign flag and registration.
(3) In the case of foreign personnel working in multinational service companies or multinational banks, subject to legal regulations dictated for specific cases.
(4) In the case of a foreign investor, provided that his investment has permanently a minimum amount of 5 tax units during the term of his contract. (1).
(5) In the case of artists, sportsmen and women, or those who are service providers performing in public shows in Peruvian territory, for a maximum of three months per year.
(6) In the case of a foreigner with an immigrant visa
(7) In the case of a foreigner with whose country of origin there is a labor reciprocity or dual nationality agreement.
(8) In the case of foreign personnel who, by virtue of bilateral or multilateral agreements entered into by the Government of Peru, render their services in the country.
Employers may request exemptions from the limiting percentages related to the number of foreign workers and the percentage that their remunerations represent in the total amount of the company's payroll, when:
(1) professional or specialized technical personnel are involved.
(2) if they are management or managerial personnel of a new business activity or business conversion.
(3) teachers hired for higher education, or for basic or secondary education in private foreign schools, or for language teaching in private national schools, or in specialized language teaching centers.
(4) whether they are personnel of public or private sector companies under contract with public sector agencies, institutions or companies.
(5) in any other case established by Supreme Decree following the criteria of specialization, qualification or experience.
Sector: Professional Services
Subsector: Legal Services
Obligations affected: National Treatment (Articles 11.2 and 12.3)
Measures: Decree Law No. 26002, Official Gazette El Peruano of December 27, 1992, Notary Law, articles 5 (amended by Law No. 26741) and 10 (amended by Law No. 27094).
Description: Investment and Cross-Border Trade in Services
Only natural persons of Peruvian nationality by birth may provide notarial services.
Sector: Professional Services
Subsector: Architectural services
Obligations affected: National Treatment (Article 12.3)
Measures: Law No. 14085, Official Gazette "El Peruano" of June 30, 1962, Law for the Creation of the College of Architects of Peru.