Canada-Chile Free Trade Agreement
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:
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