Canada-Chile Free Trade Agreement
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Annex I
Reservations for Existing Measures and
Commitments (Chapters G and H)
- The Schedule of a Party sets out, pursuant to Articles G-08(1)
(Investment) and H-06(1) (Cross-Border Trade in Services), the
reservations taken by that Party with respect to existing measures
that do not conform with obligations imposed by:
(a) Article G-02 or H-02 (National Treatment);
(b) Article G-03 or H-03 (Most-Favored-Nation Treatment);
(c) Article H-05 (Local Presence);
(d) Article G-06 (Performance Requirements); or
(e) Article G-07 (Senior Management and Boards of Directors),
and, in certain cases, sets out commitments for immediate or future
liberalization.
- Each reservation sets out the following elements:
(a) Sector refers to the general sector in which the reservation
is taken;
(b) Sub-Sector refers to the specific sector in which the reservation
is taken;
(c) Industry Classification refers, where applicable, to the activity
covered by the reservation according to domestic industry classification codes;
(d) Type of Reservation specifies the obligation referred to in
paragraph 1 for which a reservation is taken;
(e) Level of Government indicates the level of government maintaining
the measure for which a reservation is taken;
(f) Measures identifies the laws, regulations or other measures, as
qualified, where indicated, by the Description element, for which the
reservation is taken. A measure cited in the Measures element
- means the measure as amended, continued or renewed as of the
date of entry into force of this Agreement, and
- includes any subordinate measure adopted or maintained under the
authority of and consistent with the measure;
(g) Description sets out commitments, if any, for liberalization on
the date of entry into force of this Agreement, and the remaining non-conforming
aspects of the existing measures for which the reservation is taken; and
(h) Phase-Out sets out commitments, if any, for liberalization after
the date of entry into force of this Agreement.
- In the interpretation of a reservation, all elements of the reservation
shall be considered. A reservation shall be interpreted in the light
of the relevant provisions of the Chapters against which the
reservation is taken. To the extent that:
(a) the Phase-Out element provides for the phasing out of
non-conforming aspects of measures, the Phase-Out element
shall prevail over all other elements;
(b) the Measures element is qualified by a liberalization commitment
from the Description element, the Measures element as so qualified
shall prevail over all other elements; and
(c) the Measures element is not so qualified, the Measures
element shall prevail over all other elements, unless any discrepancy between
the Measures element and the other elements considered in their totality
is so substantial and material that it would be unreasonable to conclude that
the Measures element should prevail, in which case the other elements
shall prevail to the extent of that discrepancy.
- Where a Party maintains a measure that requires that a service provider
be a citizen, permanent resident or resident of its territory as a
condition to the provision of a service in its territory, a
reservation for that measure taken with respect to Article H-02,
H-03 or H-05 shall operate as a reservation with respect to Article
G-02, G-03 or G-06 to the extent of that measure.
- The listing of a measure in this Annex is without prejudice to a future
claim that Annex II may apply to the measure or some application of
the measure.
- Unless otherwise stated in the Description element, a Chilean
juridical person includes an enterprise of the other Party that is
constituted or organized in Chile in a form which under Chilean law
is recognized as being a juridical person.
- For purposes of this Annex:
CPC means Central Product Classification (CPC) numbers as set out in
Statistical Office of the United Nations, Statistical Papers, Series M, No. 77,
Provisional Central Product Classification, 1991; and
SIC means with respect to Canada, Standard Industrial Classification
(SIC) numbers as set out in Statistics Canada, Standard Industrial
Classification, fourth edition, 1980.
To Continue with Annex I - Schedule of Canada
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