Supreme Decree No. 123, Ministry of Economy, Undersecretariat of Fisheries, Official Gazette, August 23, 2004, on the Use of Ports
Sector: Cultural Industries
Subsector:
Obligations affected: Most-Favored-Nation Treatment (Articles 11.3 and 12.4)
Description: Investments and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure that grants different treatment to countries under any existing or future bilateral or multilateral international treaty with respect to cultural industries, such as audiovisual cooperation agreements. For greater certainty, government support programs, through subsidies, for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement.
Cultural industries means any person who engages in any of the following activities:
(a) the publication, distribution or sale of books, magazines, periodicals or printed or electronic newspapers, but does not include the isolated activity of printing or typesetting of any of the foregoing;
(b) the production, distribution, sale or exhibition of film or video recordings;
(c) the production, distribution, sale or exhibition of audio or video recordings of music;
(d) the production, distribution or sale of printed or machine-readable music; or
(e) radiocommunications in which the transmissions are intended to be received directly by the general public, as well as all activities related to radio, television and cable transmission and satellite programming services and transmission networks.
Measures in force:
Sector: Social Services
Subsector:
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)
Performance Requirements (Article 11.6) Senior Executives and Boards of Directors (Article 11.7)
Description: Investment and cross-border trade in services
Chile reserves the right to adopt or maintain any measure with respect to the enforcement of public law and the provision of social rehabilitation services as well as the following services, insofar as they are social services that are established or maintained in the public interest: income insurance or security, social security services, social welfare, public education, public training, health and child care.
Measures in force:
Sector: Environmental services
Subsector:
Obligations affected: National Treatment (Article 12.3)
Most-Favored-Nation Treatment (Article 12.4) Local Presence (Article 12.6)
Description: Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to the imposition of requirements that the production and distribution of potable water, the collection and disposal of sewage, and sanitary services such as sewage, waste disposal and sewage treatment may only be provided by Chilean legal persons or persons created in accordance with requirements established by Chilean law.
This reservation does not apply to consulting services contracted by such legal entities.
Measures in force:
Sector: Construction-related services
Subsector:
Obligations affected: National Treatment (Article 12.3) Local Presence (Article 12.6)
Description: Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to the supply of construction services by foreign legal persons or entities, in the sense of imposing residency requirements, registration and/or any other form of local presence, or establishing the obligation to provide financial security for the work as a condition for the supply of construction services.
Measures in force:
Sector: International Ground Transportation
Subsector: Road 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)
Description: Investment and cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to international land transportation of cargo or passengers in border areas.
In addition, Chile reserves the right to adopt or maintain the following limitations on the supply of international land transportation services from Chile:
(1) the service provider must be a Chilean natural or legal person;
(2) have a real and effective domicile in Chile; and
(3) in the case of a legal entity, be legally incorporated in Chile and have more than 50 percent of its capital stock and effective control in the hands of Chilean nationals.
Measures in force:
Sector: Ground Transportation
Subsector: Road transportation
Obligations affected: National Treatment (Article 12.3)
Description: Cross-border trade in services
Chile reserves the right to adopt or maintain any measure authorizing only Chilean natural or juridical persons to provide land transportation services of goods or persons within the territory of the Republic of Chile (cabotage). For these purposes, the companies must use the Chilean vehicle fleet.
Measures in force:
Sector: All Sectors
Obligations affected: Non-discriminatory quantitative restrictions (Article 12.5)
Description: Investment and cross-border trade in services
Chile reserves the right to adopt or maintain any measure related to Article 12.5, except for the following sectors and subsectors subject to the limitations and conditions listed below:
Legal services: For (a) and (c): None, except in the case of bankruptcy trustees who must be duly authorized by the Ministry of Justice, and may only work in the place where they reside. For (b): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Architectural services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Engineering services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Veterinary services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Services provided by midwives, nurses, physiotherapists and paramedical personnel: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the Labor Code restriction.
Computer and related services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Real estate services: Involving real estate owned or leased or on commission or contract: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Leasing or rental services without operators, relating to ships, aircraft, any other transport equipment and other machinery and equipment: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Advertising, market research and marketing services, surveys of public opinion, management consultants, related to those of management consultants, and technical tests and analyses: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Services related to agriculture, hunting and forestry: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Services related to mining, placement and supply of personnel, and research and security: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Maintenance and repair services of equipment (excluding vessels, aircraft or other transportation equipment), building cleaning services, photographic service, packing service and services rendered on the occasion of assemblies and conventions: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Publishing and printing services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Domestic or international long-distance telecommunications services: For (a), (b), (c) and (d): Chile reserves the right to adopt or maintain any measure that is not inconsistent with Chile's obligations under Article XVI of the GATS.
Intermediate telecommunications services, complementary telecommunications services, limited telecommunications services. For (a), (b) and (c): a concession granted by means of a Supreme Decree issued by the Ministry of Transport and Telecommunications is required for the installation, operation, and exploitation of public and intermediate telecommunications services in the territory of Chile. Only legal entities incorporated under Chilean law will be eligible for such concession.
An official pronouncement issued by the Undersecretariat of Telecommunications is required to carry out Complementary Telecommunications Services, which consist of additional services provided through the connection of equipment to public networks. Said pronouncement refers to compliance with the technical standards established by the Undersecretariat of Telecommunications.
Telecommunications and the non-alteration of the essential technical characteristics of the networks and the use that they technologically allow, as well as the modalities of the basic service provided with them.
A permit issued by the Undersecretary of Telecommunications is required for the installation, operation and development of limited telecommunications services.
International traffic must be routed through the facilities of a company holding a concession granted by the Ministry of Transportation and Telecommunications.
For (d): No commitments, except as indicated in the restriction of the Labor Code.
Commission agent services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Wholesale trade services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Retail business services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Franchise services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Repair services of personal and household goods: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Hotel and restaurant services (including contract catering services), travel agency and group travel arrangement services, tour guides: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Entertainment services (theaters, bands and orchestras, and circuses, services provided by authors, composers, sculptors, entertainers and other individual artists, amusement parks, and other similar amusement services, dance halls, discotheques and dance academies), news agencies, libraries, archives, museums and other cultural services: For (a), (b) and (c): None. For (d): No commitments, except in the cases indicated in the restriction of the Labor Code.
Sports services: For (a), (b) and (c): None, except that a specific type of legal entity is required for sports organizations engaged in professional activities. In addition, (1) no more than one team may participate in the same category of a sports competition; (2) regulations may be established to prevent concentration of ownership of sports organizations; and (3) minimum capital requirements may be imposed. Para (d): No commitments, except as indicated in the restriction of the Labor Code.
Operation services of facilities for competitive sports and leisure sports: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Recreational park services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the Labor Code restriction.
Road transport services: rental of commercial vehicles with driver, maintenance and repair of road transport equipment, road, bridge and tunnel services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the Labor Code restriction.
Ancillary services in connection with all means of transport: loading and unloading services, warehousing, freight forwarding agency services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Pipeline transportation services (transportation of fuels and other products): For (a), (b) and (c): None, except that the service must be supplied by a juridical person constituted under Chilean law and the supply of the service may be subject to a concession under national treatment conditions. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Aircraft repair and maintenance services: For (a): No commitments. For (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Air transport sales and marketing services, computerized reservation system services, air transport services, airline reservation system services, specialized aerial services (1) For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Research and development services in the natural sciences: For (a) and (c): None, except that an operations permit is required and the State Borders and Boundaries Directorate may arrange for one or more representatives of the relevant Chilean activities to join the expedition, in order to participate and learn about the studies and their scope. For (b): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Research and development services in the social sciences and humanities: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code.
Interdisciplinary research and development services: For (a) and (b): None. For (c): None, except that an operating permit is required. For (d): No commitments, except as indicated in the restriction of the Labor Code.
For the purposes of these non-conforming measures:
1. (a) refers to the supply of a service from the territory of one Party to the territory of the other Party;
2. (b) refers to the supply of a service in the territory of a Party by a person of that Party to a person of the other Party;
3. (c) relates to the supply of a service in the territory of a Party by an investor of the other Party or a covered investment; and
4. (d) refers to the supply of a service by a national of a Party in the territory of the other Party.
Annex II. List of Peru
Sector: All sectors
Obligations Affected: Most-Favored-Nation Treatment (Articles 11.3 and 12.4)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that accords different treatment to countries under any bilateral or multilateral international treaty in force or entered into prior to the date of entry into force of this Agreement.
Peru reserves the right to adopt or maintain any measure that accords different treatment to countries under any international treaty in force or entered into after the date of entry into force of this Agreement with respect to:
a) aviation;
b) fishing;
c) aquatic matters, including lifeguarding.
d) The discipline of non-discriminatory quantitative restrictions in accordance with Articles 12.5 and 12.1.4 (Chapter on Cross-Border Trade in Services).
For greater certainty, aquatic matters include transportation on lakes and rivers.
Sector: All sectors
Obligations affected: National Treatment (Article 11.2)
Most-Favored-Nation Treatment (Article 11.3) Senior Executives and Boards of Directors (Article 11.7)
Description: Investment
Peru, upon the sale or other disposition of an equity interest or assets of an existing state enterprise or existing governmental entity, reserves the right to prohibit or impose limitations on the ownership of such interest or assets, and on the ability of the owners of such interest or assets to control any resulting enterprise, by investors of Chile or a non-Party state or their investments. In connection with any such sale or other disposition, Peru may adopt or maintain any measure relating to the nationality of senior management or members of the board of directors.
For purposes of this reservation:
a) any measure maintained or adopted after the effective date of this Agreement which, at the time of sale or other disposition, prohibits or imposes limitations on participation in equity interests or assets or imposes nationality requirements described in this reservation, shall be deemed to be a measure in effect; and
b) "State enterprise" means an enterprise owned or controlled by Peru through ownership interest and includes an enterprise established after the date of entry into force of this Agreement solely for the purpose of selling or disposing of the equity interest in, or the assets of, a State enterprise or existing governmental entity.
Sector: Issues Related to Indigenous, Campesino and Native Communities and Minorities
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)
Performance Requirements (Article 11.6) Senior Executives and Boards of Directors (Article 11.7)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that grants rights or preferences to socially and economically disadvantaged minorities and their ethnic groups. For the purposes of this reservation, "ethnic groups" means indigenous, native communities and communities of indigenous peoples, and peasant farmers.
Sector: Fishing and fishing-related services
Obligations affected: National Treatment (Articles 11.2 and 12.3)
Most-Favored-Nation Treatment (Articles 11.3 and 12.4) Performance Requirements (Article 11.6)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure related to artisanal fishing.
Sector: Cultural industries
Obligations affected: Most-Favored-Nation Treatment (Articles 11.3 and 12.4)
Description: Investment and Cross-Border Trade in Services
For the purposes of this entry, the term "Cultural Industries" means:
(a) publication, distribution or sale of printed or electronic books, magazines, periodicals or newspapers, but does not include the isolated activity of printing or typesetting of any of the foregoing;
(b) production, distribution, sale or exhibition of film or video recordings;
(c) production, distribution, sale or exhibition of audio or video recordings of music;
(d) production and presentation of performing arts;
(e) production and exhibition of visual arts;