Canada-Chile Free Trade Agreement
[ Index
]
Annex II
Reservations for Future Measures (Chapters G and H)
(Continued)
Annex II
Schedule of Chile
Sector: | Aboriginal Affairs |
Sub-Sector: | |
Industry Classification: | |
Type of Reservation: | National
Treatment (Articles G-02, H-02)
Most-Favoured-Nation Treatment (Articles G-03, 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
denying investors of Canada and their investments, or service providers of
Canada, any rights or preferences provided to aboriginal peoples.
| Existing Measures: |
|
Sector: | All Sectors
| Sub-Sector: |
| Industry Classification: |
| Type of Reservation: | National
Treatment (Article G-02)
| Description: |
Investment
Chile reserves the right to adopt or maintain any
measure relating to residency requirements for the ownership by investors of the
other Party, or their investments, of oceanfront land.
A Chilean natural person, a person resident in Chile
or a Chilean juridical person may own or control land used for agriculture.
Chile otherwise reserves the right to adopt or maintain any measure relating to
the ownership or control of such land. In the case of a juridical person, the
majority of each class of shares may be required to be owned by Chilean natural
persons or persons resident in the country. A resident is considered a person
residing in Chile for 183 days a year or more.
| Existing Measures: |
Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977,
Normas sobre Adquisición, administración y
disposición de bienes de Estado
|
Sector: | Communications
| Sub-Sector: |
Telecommunications Transport Networks and Services, Radiocommunications and
Submarine Cables
| Industry Classification: |
| Type of Reservation: | National
Treatment (Article G-02)
Most-Favoured-Nation Treatment (Article G-03)
Senior Management and Board of Directors (Article
G-07)
| Description: |
Investment
Chile reserves the right to adopt or maintain any
measure relating to investment in telecommunications transport networks and
telecommunications transport services, radiocommunications and submarine cables,
including ownership restrictions and measures concerning corporate officers and
directors and place of incorporation.
This reservation does not apply to providers of
enhanced or value-added services whose underlying telecommunications
transmission facilities are leased from providers of public telecommunications
transport networks.
| Existing Measures: |
|
Sector: | Communications
| Sub-Sector: |
Telecommunications Transport Networks and Services, and Radiocommunications
and Submarine Cables
| Industry Classification: |
| 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 radiocommunications, submarine cables and the provision of
telecommunications transport networks and telecommunications transport services.
These measures may apply to such matters as market entry, spectrum assignment,
tariffs, intercarrier agreements, terms and conditions of service,
interconnection between networks and services, and routing requirements that
impede the provision, on a cross-border basis, of telecommunications transport
networks and telecommunications transport services, radiocommunications and
submarine cables.
Telecommunications transport services typically
involve, the real time transmission of customer-supplied information between two
or more points, without any end-to-end change in the form or content of the
customer's information whether or not such services are offered to the public
generally. These services include voice and data services by wire,
radiocommunications or any other electromagnetic means of transmission.
This reservation does not apply to measures relating
to the cross-border provision of enhanced or value-added services.
| Existing Measures: |
|
Sector: |
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: |
|
To continue with Annex III
[ Index ]
|