Key Benefits:
DECREE NO. 7,064, OF January 14, 2010.
Disposes on the execution of the Fourteenth Additional Protocol to the Agreement of Economic Complementation in the 35 (53PA-ACE35), signed between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Government of the Republic of Chile, on May 27, 2009.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and
Whereas the Treaty of Montevideo of 1980, which created the Latin American Integration Association (ALADI), signed by Brazil on August 12, 1980 and promulgated by the Decree no 87,054, of March 23, 1982, provides for the modality of Economic Supplementation Agreement;
Whereas the Plenipotentiaries of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the MERCOSUR, and of the Republic of Chile, based on the Treaty of Montevideo of 1980, signed on June 25, 1996, in San Luís, Argentina, the Economic Supplementation Agreement no 35, promulgated by the Decree No 2,075 of November 19, 1996; and
Whereas the Plenipotentiaries of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and of the Republic of Chile, on the basis of the 1980 Treaty of Montevideo, signed, on May 27, 2009, in Montevideo, the Fourteenth Additional Protocol Additional Protocol to the Economic Supplementation Agreement no 35, between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Government of the Republic of Chile;
DECRETA:
Art. 1st The Fourteenth Additional Protocol to the Economic Supplementation Agreement no 35, between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the MERCOSUR, and the Government of the Republic of Chile, of May 27, 2009, aped by copy to the present Decree, shall be executed and fulfilled as entirely as it contains.
Art. 2nd This Decree shall come into force on the date of its publication.
Brasilia, January 14, 2010; 189th of the Independence and 122nd of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
ECONOMIC COMPLEMENTATION AGREEMENT N ° 35
CELEBRATED AMONG THE GOVERNMENTS OF THE STATES
PARTS OF MERCOSUR AND THE GOVERNMENT OF THE REPUBLIC OF CHILE
Fifty Third Additional Protocol
The Plenipotentiaries of the Argentine Republic, of the Federative Republic of Brazil, of the Republic of Paraguay and of the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Republic of Chile, accredited by their respective Governments second powers bestowed in good and due form, deposited opportunely at the General Secretariat of the Latin American Integration Association (ALADI),
HAVING IN VISTA the Resolution MCS-CH N ° 03/2008, emanating from the XVII Extraordinary Meeting of the ACE Administrative Commission No 35 MERCOSUL-Chile, concluded in Buenos Aires, Argentina, on June 20, 2008;
CONSIDERING the interest to deepen the mentioned Agreement by incorporating the trade in services between the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Republic of Chile, of conformity with its Title XIII;
DECK IN:
ArticleProtocol on Trade in Services between MERCOSUR and Chile?, which is listed as Annex, in its versions in Portuguese and Spanish, which are part of this Protocol.
Article II-The present Protocol shall have indefinite duration and shall enter into force bilaterally thirty (30) days after the Republic of Chile and which at least one of the other Signatary Parties has deposited their respective instruments of ratification.
For the remaining Signatary Parties, the Protocol shall enter into force thirty (30) days after the deposit of the respective instrument of ratification.
The General Secretariat of the ALADI will inform all Signatary Parties the date of deposit of the instruments of ratification, as well as the bilateral effective date of the Protocol.
The General Secretariat of ALADI shall be a depositary of this Protocol, of which it shall send duly certified copies to the Governments of the signatory countries.
IN FÉ THAN, the respective Plenipotentiaries sign the present Protocol in the city of Montevideo, at the twenty-seven days of the month of May two thousand and nine, in an original in the Portuguese and Spanish languages, being both texts being equally valid. (a.:) By the Government of the Argentine Republic: Juan Carlos Olima; By the Government of the Federative Republic of Brazil: Regis Percy Arslanian; By the Government of the Republic of Paraguay: Emilio Giménez; By the Government of the Eastern Republic of Uruguay: Gonzalo Rodríguez Gigena; By the Government of the Republic of Chile: Eduardo Araya Alemparte.
Protocol on Trade in Services between MERCOSUR and Chile
Article I. Object
1. The Signatory Parties shall liberalize their trade in services in accordance with the provisions contained in this Protocol and with Title 13 of the Economic Supplementation Agreement N ° 35 (ACE 35).
2. This Protocol provides on the relations between the States Parties to MERCOSUR and Chile, without covering relations between the States Parties to MERCOSUR.
3. The provisions of this Protocol could be complemented by specific sectoral provisions.
Article II. Scope
1. This Protocol shall apply to the measures adopted or maintained by the Signatary Parties affecting the trade in services between Chile and the States Parties of MERCOSUR, included those concerning:
(a) to the provision of a service;
(b) to the purchase, payment or use of a service;
(c) to access to services to the general public by prescription of the Signatary Parties, and the use of them, on the grounds of the provision of a service;
(d) to the presence, included the commercial presence, of persons of a Signatary Party in the territory of another Signatary Party for the provision of a service.
2. This Protocol shall not apply to the measures that a Signatary Party adopts or maintains as to air traffic rights and services directly related to the exercise of such rights, save:
(a) aircraft repair and maintenance services while the aircraft is out of service;
(b) the sale and marketing of air transport services; and
(c) the services of computerized booking systems (SRI).
3. None of the provisions of this Protocol shall be interpreted to impose any obligation with respect to government purchases.
4. The provisions of this Protocol shall not apply to grants or donations granted by a Signatary Party or company of the State, included the loans, guarantees and insurances bestowned by the government. The Contracting Parties shall review the issue of subsidies related to trade in services, taking into account the disciplines that are established in accordance with the mandate contained in Article XV of the General Agreement on Trade in Services, which forms part of the Marraqueche Agreement, by which the World Trade Organization (GATS) is established.
5. For the purposes of this Protocol, observed Article I. 2 of this Protocol, shall be defined:
?trade in services? as the provision or provision of a service:
(a) of the territory of a Signatary Party to the territory of another Signatary Party;
(b) in the territory of a Signatary Part for a consumer of services of another Signatary Party;
(c) by a service provider of a Signatary Party upon commercial presence in the territory of another Signatary Party;
(d) by a service provider of a Signatary Party by the presence of physical persons of a Signatary Party in the territory of another Signatary Party.
?measures adopted or maintained by the Signatary Parties? as the measures adopted or maintained by:
(a) governments or central, regional, or local authorities; or
(b) nongovernmental institutions in the exercise of colleges in them delegated by governments or authorities mentioned in (a).
In fulfilment of its obligations and commitments under this Protocol, each Signatary Party shall take the reasonable steps that are within its reach to ensure its observance by the governments and regional or local authorities and non-governmental institutions existing in its territory.
The term?services? understands every service of any sector, except those provided in the exercise of government colleges.
One?service provided in the exercise of government colleges? means every service that is not provided on a commercial basis, nor in competition with one or several service providers.
Article III. National treatment
1. In the sectors inscribed on its List and under the conditions and the provisos that therein may establish itself, each Signatary Party will hear from the services and service providers of the other Signatary Party, with respect to all measures affecting the provision of services, a treatment no less favourable than the one that dispenses with its own similar services or similar service providers.
2. A Signatory Party may satisfy the provisions of paragraph 1 by hedging the services and service providers of the other Signatary Party a formally identical or formally different treatment than dispense with their own similar services and providers of similar services.
3. A formally identical or formally different treatment will be found to be less favourable if it modiates the conditions of competition in favour of the services or service providers of a Signatary Party in comparison to similar services or similar service providers of another Signatary Party.
Article IV. Access to markets
1. With regard to access to markets under the modes of provision set out in Article II (Scope of Application), each Signatary Party will hear from the services and service providers of the other Signatary Party a treatment no less favourable than that provided for in accordance with the terms, limitations and conditions specified in its List of specific commitments mentioned in Article V (Lists of specific commitments).
2. In the sectors where market access commitments are made, the measures that none of the Signatary Parties will maintain or adopt, whether in the framework of a regional subdivision or the totality of its territory, unless in its List specify otherwise, are defined as follows:
(a) limitations as to the number of service providers, whether in the form of numerical contingents, monopolies or service-exclusive providers or upon demand for testing of economic necessity;
(b) limitations as to to the total value of the assets or services transactions in the form of numerical contingents or upon demand for testing of economic necessity;
(c) limitations as to the total number of service operations or the total amount of services produced, expressed in numerical units indicated in the form of contingents or upon demand for testing of economic necessity;
(d) limitations to the total number of physical persons who may be employed in a particular sector of services or that a service provider may employ and that are necessary for the provision of a specific service and are directly related to this, in the form of numerical contingents or upon demand for testing of economic necessity;
(e) measures that restrict or require specific types of legal person or joint venture (?joint venture?) by means of which a service provider from another Signatary Party may provide a service; and
(f) limitations as to the share of foreign capital expressed as the maximum percentage limit of possession of shares by foreigners or relative to the total value of investments individual foreigners or aggregates.
Article V. Lists of specific appointments
1. The specific commitments made by each of the Signatary Parties in the light of Articles III (National Treatment) and IV (Access to Markets) are set out in the Lists included in Annex III. With respect to the sectors where such commitments are made, on each List will specify:
(a) the terms, limitations, and conditions regarding access to markets;
(b) the conditions and caveats in matter of national treatment; and
(c) the obligations regarding the additional commitments referred to in Article VI (Additional Appointments).
2. The measures deemed incompatible with Article III (National Treatment) and with Article IV (Access to Markets) shall be listed in the column on Article IV. In such a case, enrollment will be considered as a condition or restriction also to Article III.
3. The Lists of specific commitments shall be annexed to this Protocol and shall be an integral part of this.
Article VI. Additional Appointments
When a Signatary Party assumes specific commitments on measures that affect trade in services, but are not subject to the inscription on the List, in the light of Articles III (National Treatment) and IV (Access to Markets), such commitments will be inscribed on the List as additional appointments. Where relevant, each Signatary Party shall specify the deadlines for the implementation of commitments, as well as the date of entry into force of such commitments.
Article VII. Domestic Regulation
1. Nothing in this Protocol shall be interpreted to prevent the right of each Signant Party, in accordance with that established in Article V (Specific Appointments Lists), to regulate and to introduce new regulations within their own territories to achieve their national policy objectives.
2. In the sectors where specific commitments are made, each Signatary Party will ensure that all general enforcement measures that affect the trade in services are administered in a reasonable, objective and impartial manner.
3. Each Signatory Party will also ensure that, in the sectors in which specific commitments are made, the measures regarding the requirements and procedures in respect of qualification, technical standards and requirements on licences are based on objective and transparent criteria and do not constitute covert restriction on the provision of a service.
4. The Contracting Parties shall consider the development of future disciplines on domestic regulation within the framework of this Protocol, which will take into account the results of the negotiations on the topic at the World Trade Organization.
5. Where permission is required for the provision of a service in respect of which a specific commitment has been made, the competent authorities of the respective Signatary Party, within a reasonable period of time from the submission of a solicitation which is deemed to be complete under the relevant national laws and regulations, shall inform the requester of the decision concerned for their solicitation. At the request of the requester, the competent authorities of the Signatary Party shall provide, without unwarranted delay, information regarding the situation of the solicitation.
6. The Contracting Parties shall, periodically, conclude consultations with the aim of determining whether it is possible to remove remaining restrictions on citizenship or permanent residence relating to the granting of licences or certificates from their respective service providers.
Article VIII. Recognition
1. Where a Signatary Party autonomously recognizes or by means of an agreement, the education or experience acquired, the fulfilment of the requirements, the licences or certificates heard in the territory of another Signatary Party or of any country other than Signatary Party:
(a) nothing of the provisions of this Protocol shall be interpreted to require that this Signatary Party to grant recognition to the education or experience acquired, to the fulfilment of the requirements, to the licences or to the certificates heard in the territory of another Signatary Party; and
(b) the Signatary Part will grant any other Signatary Party appropriate opportunity to:
(i) demonstrate that education, experience, licences and certificates heard on their territory should also be recognized; or,
(ii) that can conclude agreement or equivalent effect convenium.
2. In the measure of its faculties, each Signatary Party shall stimulate the competent authorities in their respective territories to develop common standards and criteria that facilitate the exercise of professional activities in services. When agreement is reached between the Contracting Parties, the recommendations arising from it shall be submitted to the ACE 35 Administrative Commission.
3. The Contracting Parties undertake to carry out their best efforts to seek the further deepening of the matters set out in this Article and shall meet with such an objective one year after the entry into force of this Protocol.
4. No Signatory Party will hear the recognition so that it constitutes a means of discrimination between the Signatary Parties in the application of their standards or criteria for the authorization or certification of service providers or the granting of licences to them, or a restriction covert to the trade in services.
Article IX. Transparency
1. Each Signatory Party shall publish promptly and, save in situations of force majeany, at the latest on the date of its entry into force, all relevant measures of general application which refer to this Protocol or affect its functioning. Outrossim, each Signatary Party shall publish the international agreements that sign up with any country and refer to, or affect, trade in services.
2. Each Signatory Party will promptly inform the ACE 35 Administrative Commission, the adoption of new laws, regulations or administrative guidelines or the introduction of modifications to the existing laws, regulations or administrative guidelines that it considers to significantly affect trade in services understood by their specific commitments by virtue of this Protocol.
3. Each Signatory Party shall respond, with a certainty, to all requests for specific information submitted by the other Contracting Party about any measures of general application referred to in paragraph 1. Similarly, in accordance with its internal legislation, each Signatary Party, through its competent authorities, shall, when requested, provide information to the service providers of the other Contracting Party on the matters subject to notification, paragraph 2, paragraph 2.
4. To facilitate the communication of the Contracting Parties on the subject matter of which this Article is concerned, each of the Signatary Parties shall designate a focal point.
Article X. Disclosure of the confidential information
No provision of this Protocol will be interpreted to require a Signatary Party to reveal or allow access to information whose disclosure may:
(a) be contrary to the public interest, according to its legislation;
(b) be contrary to its legislation;
(c) constitute an obstacle to the fulfillment of laws; or
(d) lesar the business interests legitimate from public or private companies.
Article XI. General and relative safety exceptions
On the condition that the measures listed below do not apply in such a way as to constitute an arbitrary or unjustifiable means of discrimination between countries in which similar conditions or a covered restriction of trade in services are prevalent, no provision of this Protocol shall be interpreted to prevent a Signant Party from adopting or applying measures:
a) necessary to protect morale or maintain public order;
b) necessary to protect the life and health of people and animals or to preserve vegetables;
c) necessary to loathe the observance of laws and of the regulations that are not inconsistent with the provisions of this Protocol, including with respect to:
i) prevention of practices that induce fraudulent error and practices or the means of doing so in the face of the effects of non-compliance with service contracts;
ii) protection of the intimacy of private individuals in relation to the treatment and the diffusion of personal data and the protection of the confidential character of individual records and accounts;
iii) safety.
No provision of this Protocol will be interpreted in the sense of:
a) impose on a Signatary Party the obligation to provide information whose disclosure is deemed to be contrary to the essential interests of its security; or
b) prevent a Signatary Party from adopting measures that it considers necessary for the protection of the essential interests of their security:
i) concerning the provision of services intended, directly or indirectly, to ensure the supply of the Armed Forces;
ii) concerning the fissionable or fusionable materials or those that serve for their manufacture;
iii) applied in time of war or in case of severe stress international; or
c) prevent a Signatary Party from adopting measures in fulfilment of the obligations by it contracted by virtue of the United Nations Charter for the maintenance of international peace and security.
The ACE-35 Administrative Commission shall be informed, in the broadest possible way, of the measures adopted by virtue of the items b) and (c) of paragraph 1 and its termination.
Article XII. Financial Services
1. The Contracting Parties understand that no commitments have been made to the financial sector in the framework of this Protocol. Financial services mean every financial character service offered by a financial service provider of one of the Signatary Parties as defined in paragraph 5 (a) of the Financial Services Annex of the GATS.
2. In the review process provided for in Article XVI of this Protocol or at the moment that the acorder, the Contracting Parties shall consider the initiation of financial services negotiations on a mutually convenient basis.
Article XIII. Payments and Transfers
1. Except in the circumstances provided for in Article XIV (Balance of Payments), no Signatary Party shall apply restrictions on international payments and transfers for current transactions referring to the specific commitments made by it in accordance with this Protocol.
2. It shall apply to the Signatary Parties as set out in Article XI.2 of the GATS.
Article XIV. Balance of Payments
1. In the event of an existence or threat of serious external financial difficulties or Balance of Payments, a Signatary Party will be able to adopt or maintain restrictive measures concerning trade in services, including on payments and transfers regarding trade in services transactions.
2. The restrictions referred to in paragraph 1:
(a) should be non-discriminatory;
(b) should be compatible with the conditions set out in WTO Agreements;
(c) will be applied in accordance with the one set forth in Article XII.2.b of the GATS;
(d) will avoid needlessly lesar the commercial, economic and financial interests of the other Signatary Parties;
(e) will not exceed what is necessary to do in the face of the circumstances mentioned in paragraph 1; and
(f) will be temporary and eliminated progressively as it improves the situation indicated in paragraph 1.
3. The restrictions adopted or maintained by virtue of paragraph 1, or modifications to them which may be included, shall be notified promptly to the ACE-35 Administrative Commission.
4.
(a) The Signatary Party applying the provisions of this Article shall, with certainty, consult within the framework of the Administrative Commission of the ACE-35 on the restrictions adopted.
(b) Nthese consultations will be assessed the situation of the Payments Balance and the restrictions adopted or maintained by virtue of the present article, taking into account, among others, factors such as:
i) the nature and scope of the external financial difficulties and the Balance of Payments;
ii) the international, economic and commercial context, of the Party Signatory object of the consultations;
iii) other possible corrective measures to which you may appeal.
(c) In the consultations, the compliance of the restrictions that apply with paragraph 2, in particular with regard to its progressive deletion, in accordance with the provisions of paragraph (f) of the mentioned paragraph shall be examined.
(d) In such consultations, the established in Article XII.5.e of the GATS shall apply.
Article XV. Taxation
1. None of the provisions of this Protocol or of agreements adopted by virtue of this Protocol shall prevent Signatary Parties, in the application of the relevant provisions of their tax legislation, from distinguishing between service providers who are not in the same situation, in particular with regard to their place of residence or to the place where they are invested their estate.
2. None of the provisions of this Protocol, nor of any agreement adopted by virtue of this Protocol, may be interpreted in such a way as to prevent the adoption or enforcement of any measure intended to prevent tax evasion or elision as per the tax / tax provisions, by virtue of conventions to avoid double taxation or other agreements on taxation or domestic tax law of the Signatary Parties.
3. None of the provisions of this Protocol will affect the rights and obligations of any of the Signatary Parties by virtue of a tax convention. In the case of incompatibility of a tax measure between this Protocol and a convention of that nature, the provisions of the said Convention with respect to the incompatibility shall prevail. In the event of a tax agreement between the Signatary Parties, the competent authorities within that convention shall have the responsibility to determine whether there is a mismatch between this Protocol and such convention.
Article XVI. Review
The Contracting Parties shall review the present Protocol three years after their entry into force, with views to further deepen the scope of their disciplines, the level of liberalization and to reduce or eliminate the remaining restrictions, as well as to consider the advances achieved in matter of services in the World Trade Organization.
Article XVII. Denigration of benefits
A Signatary Party will be able to denigrate the benefits derived from this Protocol, upon prior notification and holding of consultations, to the service providers of the other Signatary Party if the service provider:
a) for a person who is not considered to be of the Signatary Parties, as defined in this Protocol; or
b) render the service from the or on the territory of a non-Party.
Article XVIII. Institutional Arrangements
The ACE-35 Administrative Commission shall be the formal scope for dealing with the issues concerning the implementation of this Protocol.
Article XIX. Solution of controversies
The controversies that may arise with respect to the application, interpretation or disfulfillment of the commitments set forth in this Protocol shall be resolved as per the procedures and mechanisms of the current solution in the Control Protocol of Controverses of the Economic Supplementation Agreement No 35.
Article XX. Commitments on mode 4
With respect to the facilitation of the temporary entry of physical persons, any measure that a Signatary Party adopts or maintains with respect to Chile or that Chile adopts with respect to one or several of the remaining Signatary Parties, or any agreement behold between a Signatary Party of MERCOSUR and Chile, or that a firm Signatary Party with Chile, shall prevail, for the Parties involved in the said bilateral measure or agreement, on the commitments made in this instrument, if they establish more favourable conditions, observed Article I. 2 of this Protocol.
This Protocol will not prevent a Signatory Party from applying measures to regulate the entry or temporary permanence of physical persons on its territory, included the measures necessary to protect the integrity of its borders and ensure the orderly movement of persons physical by its intermediate, where such measures do not apply in a manner to annul or impair the resulting advantages for a Signatary Part of the terms of a specific commitment.
Article XXI. Bilateral Agreements
Every bilateral agreement prevailing between a Signatary Party of MERCOSUR and Chile, or that a Signatary Party of MERCOSUR firm with Chile, shall prevail, for the Signatary Parties involved in the said bilateral agreement, on the commitments made in the present instrument, if they establish more favourable conditions, observed Article I. 2 of this Protocol.
Article XXII. Definitions
1. For the purposes of this Protocol:
a)?measure? means any measure adopted by a Signatary Party, be it in the form of law, regulation, rule, procedure, decision or administrative standard, or under any other form;
b)?provision of a service? includes the production, distribution, marketing, sale and supply of a service;
c)?commercial presence? means any type of commercial or professional establishment, through, among others, the constitution, acquisition or maintenance of a legal person, as well as subsidiaries and representative offices located in the territory of a Signatary Party for the purpose of the provision of a service;
d)?service provider? means any person who pays a service;
e)?person? means a physical person / natural person or a legal person;
f)?physical / natural person of a Signatary Part? means a physical / natural person who resides in the territory of that Signatary Party or any other Signatary Party and who, under the legislation of that Signatary Party, is a national of that Signatary Party or has the right of permanent residence in that Part Signatary;
g)?legal person of a Signatary Party? means a legal person who is constituted or organized under the legislation of that Part Signatary, counts with headquarters and develops substantive commercial operations in the territory of that Signatary Party; and
h)?company of the state? means a legal person owned by a Signatary Party or who finds itself under the control of the same, upon domain rights.
Article XXIII. Entry into force
1. The present Protocol shall have indefinite duration and shall enter into force bilaterally 30 (thirty) days after the Republic of Chile and at least one of the other Signatary Parties have deposited their respective instruments of ratification.
2. For the remaining Signatary Parties, the Protocol shall enter into force 30 (thirty) days after the deposit of the respective instrument of ratification.
3. The General Secretariat of the ALADI will inform all Signatary Parties the date of deposit of the intruments of ratification, as well as the bilateral effective date of the Protocol.
Article XXIV. Depositary
The General Secretariat of ALADI shall be the depositary of this Protocol, of which it will send duly certified copies to the Signatary Parties.
ANNEX I
Payments and Transfers
Chile
With respect to the obligations contained in Article XIII (Payments and Transfers), Chile reserves the right of the Bank Central Chile maintain or adopt measures in accordance with its Constitutional Organic Law (Law No. 18,840) or other legal norms, to ensure the stability of the currency and the normal functioning of internal and external payments, by outoring itself as assignments, for these effects, the regulation of currency and credit supply in circulation, the execution of international credit and foreign exchange operations, as, also, the dispatch of norms in monetary, creditworthiness, and foreign exchange international. They are part of these measures, among others, the establishment of requirements that restrict or limit current payments and transfers (capital movements) since or to Chile, as well as the operations that have relationship with them, such as establishing that deposits, investments or credits that come from or are intended for overseas are subjected to the obligation to maintain a seating.
When applying the measures by virtue of this Annex, as set out in its legislation, it shall not be able to discriminate between the member states of MERCOSUR and any third country in relation to the operations of the same nature.
ANNEX II
Taxation
Chile-Uruguay
In substitution to the provisions of Article XV, with respect to taxation, for the relationship between Chile and Uruguay:
1. For the purposes of this Annex,?tax convention? means a convention to avoid double taxation or other convention or international agreement in tax matters.
2. Unless the provisions of this Annex, no provision of this Protocol shall be applied to tax measures.
3. This Protocol will only hear rights or impose obligations with respect to tax measures by virtue of which corresponding rights or obligations are bestowing or imposed in the light of Article XIV (d) of the GATS, where applicable.
4. No provision of this Protocol shall affect the rights and obligations of any of the Signatary Parties derives from any tax convention. In the event of the incompatibility of a tax measure between this Protocol and any of these Conventions, the Convention shall prevail in the measure of the incompatibility. In the case of a tax convention between the Signatary Parties, the competent authorities within that convention shall have the responsibility to determine whether there is a mismatch between this Protocol and the mentioned Convention.
ANNEX III
Lists of specific appointments
Modes of provision: 1) Cross-border Provision; 2) Consumption abroad; 3) Presence comercial4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional appointments | ||
| I.HORIZONTAL APPOINTMENTS. | |||||
| ALL SERVICES INCLUDED IN THIS LIST |
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| 3) Acquisition of land: Non-consolidated, as far as zones are concerned border crossings (150 km. in land area and 50km in maritime area). |
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| 4) Non-consolidated, except for the measurements regarding the following personnel categories. I. Personnel transferred within a same company-Executives The Executives are those who take charge primarily of the management of the organization and have ample freedom of action to make decisions. They only receive direction supervision from senior executive levels, from the directory, or from the shareholders. They do not directly develop tasks related to the provision of the organization's (of) service (s). | 4) Non-consolidated, except for the measures regarding the categories of personnel indicated in the access column to markets. | Possibility to outwit mlasts entries. | ||
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| - Managers The managers are those tasked, fundamentally, from the direction of the organization or some of their departments or subdivisions and control the work of other supervisors, directives or practitioners. They have the authority to hire or fire, recommend, hire or recommend your low or other actions linked to the personnel area, such as the promotion or license. They exercise discretionary authority in the daily activities. This exercise does not include first-line supervisors (first line supervisors) unless these employees are professionals, as neither includes employees who, in a primary manner, perform tasks necessary for the provision of the service. -Specialists are those who possess specialized knowledge of an advanced level essential for the establishment / provision of the service and / or possess private domain knowledge of the organization, its techniques, of research or organization management teams. -Trainee Graduates Employees who come to the legal entity's office in the Argentine territory with the purpose of training in commercial techniques and methods or for their transfer in order to advance in their career. Duration of stay: |
| Possibility of outoring multiple entries. | ||
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| When managers, executives, experts, and graduate trainees enter to provide services to a natural or legal person radicalized in Argentina, hired in relation to dependency or in lease of services or labor, the initial term of stay will be one year, extended for equal period, indefinitely, while it lasts its condition of contract worker. II. Businessmen-representatives of a service provider who enter, in a temporary manner, on the territory of Argentina to conclude agreements on the sale of such services to that service provider; and / or-employees of a legal person to establish a commercial presence of that legal person on the territory of Argentina or to conduct market studies for that service provider. |
| Possibility of outoring multiple entries. | ||
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| a) The representatives of these service providers or the employees of these legal persons will not participate in direct sales to the public nor will they provide the services themselves. b) Refers solely to the employees of a legal person who does not already have a commercial presence in the Argentine territory. c) These representatives or employees will not receive any remuneration from sources located in the Argentine territory. Duration of stay: 90 days on extended national territory for another 90 days. III. Contract service providers Employees of legal persons The employees of a companion/company established abroad who enter, in a temporary way, in the Argentine territory to provide a service, according to one or several contracts concluded between their employer and one or several consumers of the service in the territory of Argentina. a) It is limited for the employees of companies established abroad who do not have a commercial presence in Argentina b) The legal person has obtained a contract for the provision of a service in the Argentine territory. c) The employees of these companies established abroad receive their remuneration from their employer. d) Employees possess academic qualifications and of any kind, suitable for the provision of the service. e) Mighty to carry out professional or technical activities, remunerated or not. Duration of stay: People who have obtained a civil contract or an invitation note specifying the reason for the invitation, the activity to be developed and, should it correspond, the remuneration that will receive the foreigner, can join and stay in the Argentine territory for 15 days extended for another 15 days. Persons who have obtained a contract or leasing of services or works and who enter to provide services to a natural or legal person radicalized in Argentina may join and stay in the Argentine territory for 1 year extended for equal period, indefinitely, while last for their condition as a contract worker. IV. Independent professionals The physical persons who temporarily enter the Argentine territory, with the aim of providing a service under a contract or several contracts awarded between these people and one or several service consumers located in Argentina, will be able to carry out professional or technical activities. a) The physical person who provides the service as a self-employed worker. b) The physical person who has obtained a service contract in Argentina c) If it is remunerated by the contract, such remuneration shall be received solely by the physical person. d) The physical person possesses the academic qualifications and of any kind suitable for the provision of the service. Duration of stay: People who have obtained a civil contract or an invitation note specifying the reason for the invitation, the activity to be developed and, if it matches, the remuneration that will receive the foreigner, may join and stay in the Argentine territory for 15 days extended for another 15 days. Persons who have obtained a contract or leasing of services or labor and who join to provide services to a natural or legal person, radicalized in Argentina, may join and stay in the Argentine territory for 1 year extended for equal period indefinitely while it lases for their contract worker condition. V. Representatives of foreign companies People who join Argentina in character of procuratorates of companies established abroad receive their remuneration from abroad, cannot provide services in the country with contract of employment or civil that links them with a company radicalized in Argentina. Duration of stay: An extended year for equal periods while lasting your condition of representative of the company. |
| Possibility of outoring multiple entries. | ||
| ?Argentina reserves the right to apply measures that restrict the movement of capital, in compliance with its present or future legislation. By applying these measures will not discriminate between Chile and any third country in the respect of operations of the same nature.? | |||||
| II.SECTORAL-SPECIFIC APPOINTMENTS | |||||
| 1.SERVIÇOS PROVIDED TO COMPANIES |
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| A. Professional services | 1), 3), 4) For the provision of professional services is required recognition of professional title, matriculation at the respective college and legal domicile fixation in Argentina. Legal domicile: it does not imply residency requirement. |
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| a) Legal services (CCP 861) | 1) No 2) No 4) No 4) No consolidated, except for the indicated in the horizontal section. | 1) No 2), No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
| ||
| b) Accounting services, auditing and writing (CCP 862) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
| ||
| c) Tributary Advisory Services (CCP 863) | 1) No 2) None 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
| ||
| d) Architecture services (CCP 8671) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
| ||
| e) Engineering services (CCP 8672) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
| ||
| f) Integrated engineering services for key projects in hand of manufacturing facilities (CCP 86733) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
| ||
ARGENTINA-LIST OF SPECIFIC APPOINTMENTS
Modes of provision: 1) Pressure transfronteiriça2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| Integrated engineering services for other key projects in hand (CCP 86739) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| g) Urban planning and landscape architecture services (CCP 8674) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| h) Medical and dental services (CCP 9312) | 1) Non-consolidated by non-regulated 2) No 3) No at national level 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated by not being regulated 2) No 3) None at national level 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| i) Veterinary services (CCP 932) | 1) Non-consolidated by non-regulated 2) No 3) No at national level 4) Not consolidated, except by the indicated in the horizontal section. | 1) Not consolidated by not being regulated 2) No 3) None at national level 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| j) Services provided by midwives, nurses, physiotherapists and paramedical staff (CCP 93191) | 1) Non-consolidated * 2) No 3) Not consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| Computer services and related services |
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| a) Services of consultants in the installation of computer equipment. (CCP 841) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| b) Application services of computer programs (CCP 842) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| c) Data processing services (CCP 843) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| d) Services of databases (CCP 844) | 1) No 2) No 3) Non-consolidated 4) except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of delivery 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional comproms |
| e) Others (CCP 845 + 849) | 1) No 2) No 4) No 4) No consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| C. Search and development services |
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| a) Research and development services in Natural Sciences and Engineering (CCP 851) It does not include scientific and technical research in the Territorial Sea, the Exclusive Economic Zone and the Argentine Continental Shelf | 1) No 2) No 4) No 4) No consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) The grants for research and development are available only to the national providers. 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| b) Research and development services of the Social Sciences and Humanities (CCP 852) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) The grants for research and development are available only to the national providers. 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| c) Interdisciplinary research and development services (CCP 853) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) The grants for research and development are available only to the national providers. 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| E. Rental services without operators. |
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| b) Aircraft rental services without crew (CCP 83104) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| c) Leasing or rental services of other means of tranport without personal driver-free car leasing services (CCP 83101 + ' 83102 | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
Modes of delivery: 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commitments |
| F. other services provided to companies |
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| a) Advertising Services (CCP 871) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Markets study services and public opinion polls (CCP 864) | 1) No 2) None 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| c) Consulting services in administration (CCP 865) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| f) Services related to forestry:-serv. of plantation and nursery -servingsrelated to forest production such as poda, or raleio, forest inventories, health protection, and against fires. (CCP ver. 1.1-86140) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| e) Services of essays and technical analyses of composition and purity. (CCP 86761) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| h) Services related to mining (CCP 883 + 5115) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| i) Services related to manufacturing (CCP 884 + 885, except for those understood in position 88442) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| k) Services placement and supply of personnel. (CCP872) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
Modes of delivery: 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commitments |
| l) Research and security services (CCP873) | 1) Obligation to constitute itself in the national territory. 2) None. 3) The directing staff and employees of security and custody companies shall be Argentine citizens. The security companies should count on national participation. 4) In addition to the nominee in the horizontal section, the person, the directive and the employees of security and custody companies must be Argentine citizens | 1) No 2) No 3) The directional staff and employees of security and custody companies must be Argentine citizens. 4) In addition to the nominee in the horizontal section, the directing staff and employees of security and custody companies must be Argentine citizens |
|
| n) Maintenance and repairing services (excluding embatons, aircraft, and other transport equipment) (CCP 633) | 1) Not consolidated * 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| The buildings cleaning services (CCP 874) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| q.) Packaging services (CCP876) | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| r) editorial and press services (CCP88442) | 1) No 2) No 3) The property of journalistic enterprises is reserved exclusively for Argentinean nationals. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) The ownership of journalistic enterprises is reserved exclusively for Argentinean nationals. 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| s) Services provided on the occasion of assemblies or conventions (CCP 87909 *) | 1) No 2) No 3) No 4) 4) Non-consolidated, except for the nominee in the horizontal section | 1) No 2) No 3) No 4) 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| t) Others (CCP 8790) | 1) No 2) No 3) Non-consolidated, except for the indicated in the horizontal section | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commons |
| 2.SERVIÇOS OF COMMUNICATIONS |
|
|
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| B. Courier services (CCP 7512) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| C. TELECOMMUNICATION SERVICES |
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| All subsectors | This offer does not include provision of the satellite facilities of the Satellite Fixed Service's geostationary artificial satellites. |
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| Services included in this column will be able to be provided upon any technological means (Ex: fiber optic, radielectric connections, atellites cable), with the exception of the limitations indicated in the access column to the markets. |
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| -Local basic telephone service and long-distance national distance (CCP 7521) | 1) No 2) No 4) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | -Local and long-distance basic telephone service (CCP 7521) |
| -International telephone (CCP 7521) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| - National data (CCP 7523 * *) | 1) No 2) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commit |
| -National Telex (CCP 7523 * *) l | 1) No 2) No 4) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| - Fac-simile National Storing and relay (CCP 7521 * * + 7529 * *) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| -International data (CCP 7523 * *) | 1) No 2) No 3) Non-consolidated 4) the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | See Adjunct Attachment |
| -Telex International (CCP 7523 * *) | 1) No 2) No 4) No 4) consolidated, except the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| -Fac-simile International Store and relay (CCP 7521 * * + 7529 * *) | 1) No 2) None 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| -Rented Circuits for telephony | 1) No 2) No 4) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| Ralued circuits for voice and international data | 1) No 2) No 4) No 4) consolidated, except the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | See Adjunct Attachment |
| Mobile services: Mobile phone service (STM) Personal Communications Service (PCS) Search of people (Paging) Concentration of enlaces (Trunking) Mobile data | 1) No 2) No 3) No STM lends itself to a duopolic regime staying determined the spectrum available in all exploration areas. In the Personal Communications Service (PCS), the enforcement authority will determine, as per present and future needs, the quantity of providers by operating areas. 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commitments |
| h) Electronic mail (CCP 7523 * *) | 1) No 2) No 4) No 4) No consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| i) Voice mail (CCP 7523 * *) | 1) No 2) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| j) Extraction of online information and data bases (CCP 7523 * *) | 1) No 2) No 3) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| k) Electronic data exchange services (IED) (CCP 7523 * *) | 1) No 2) No 3) None 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| l) enlarged facsimile / value-added facsimile services, included storage and retransmission and the storage and retrieval (CCP 7523 * *) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| m) Conversion of codes and protocols | 1) No 2) No 3) Non-consolidated 4) except the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| n) Processing of data and / or online information (with inclusion of transaction processing) (CCP 843 * *) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| o) Others | 1) No 2) No 3) Non-consolidated, except the one indicated in the section horizontal. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption abroad 3) Presence comercial4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional Compromments |
| 3. BUILDING SERVICES AND RELATED ENGINEERING SERVICES |
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|
|
| A. General construction work for edification (CCP 512) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| C. Armed of prefabricated constructions and installation works (CCP 514 + 516) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| D. Building finishing work (CCP 517) | 1) No 2) No 3) No consolidated 4) Not consolidated except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| E. Others (CCP 511 + 515 + 518) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 4. DISTRIBUTION SERVICES |
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| B. Commercial services wholesale (CCP 622) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| C. Commercial services to retail (CCP 631 + 632) 6111 + 6113 + 6121 | 1) No 2) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| D. Franchise services (CCP 8929) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
Modes of provision: 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional Compromments |
| 9. TRAVEL SERVICES AND SERVICES RELATED TO TRAVEL |
|
|
|
| A.Hotels and restaurants (included overseas food sourcing services by contract) (CCP 641/643) | 1) No 2) No 3) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| B. Travel agency services and group travel organization (CCP 7471) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| C. Tour guide services (CCP 7472) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| D. Other | 1) No 2) No 3) No consolidated 4) Not consolidated except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 11. TRANSPORT SERVICES |
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| A. Maritime transport services |
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| f. Ride-related support services |
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| Other ancillary services to transport by water (7459) |
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| Cleaning services, disinfection, fumigation, control of parasites, and similar services. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
Modes of provision: 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional compromments |
| C. Aerial transport services |
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|
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| Sale and commercialization of air transport services | 1) No 2) No 4) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| Services of computerized reservation systems | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
ANNEX
Reach
The following, definitions, and principles referring to the regulatory milestone of basic telecommunications services.
Definitions
By users, the consumers of services and the service providers.
By essential facilities, the functions and elements of a public telecommunications network are understood that:
a)are provided exclusively or in a predominant manner by a single provider or by a limited number of providers; eb) whose replacement, with views to the provision of a service, is not feasible in the economic or technical aspect.
A dominant provider is one that has the ability to affect, in a relevant manner, the conditions of participation (from the point of view of prices and supply) in a given market of basic telecommunication services, as a result of:
control of the essential facilities; or
b) use of its position in the market.
1.Salvaguardas of the competition
1.1Prevenção of the practices anticompetitive in the sphere of telecommunications
Will be maintained adequate measures with the aim of preventing those providers who, individually or jointly, from being a dominant provider to employ or continue employing anti-competitive practices.
1.2Salvaguardas
The supra-competitive practices referred to above will include, in particular, the following:
a) carry out cross-subsidizing anticompetitive activities;
b)use information obtained from competitors with anticompetitive results; and
c) not to timely place at the disposal of the remaining providers of services technical information on essential facilities and information commercially pertinent that these will need to provide services.
2.Interconnection
2.1Este article refers to the access afforded between providers to enable access to customers, users, services or network elements.
2.2Interconexão that must be guaranteed
The interconnection with a provider dominant will be guaranteed at any technically doable point of the network. Interconnection agreements will be effected:
a) in terms and conditions (included the technical standards and specifications) and non-discriminatory pricing, and will be of a no less favourable quality than that available for their own similar services or for similar services from providers of non-binding services or to its affiliated or other linked companies;
b) in a timely manner, in terms and conditions (included the standards and technical specifications) and with transparent, reasonable and sufficiently disaggregated cost-based pricing so that the provider does not must pay for components or facilities of the network that do not require you for the provision of the service.
2.3Disponibilidade public of the interconnections negotiation procedures
Will be placed at the public's disposal of the procedures applicable to interconnection with a dominant provider.
2.4Transparência of the interconnection agreements
Garante-if all dominant provider will place at the public's disposal its interconnection agreements or a reference interconnect offer.
2.5Interconexão: solution of differences
Every service provider that request interconnection with a dominant provider can request:
a) at any time; or
b)after a reasonable time limit that has been publicly communicated that an independent national body resolves within a reasonable time the differences regarding the terms, conditions and prices of the interconnection, provided that these have not been established beforehand.
Universal 3.Serviço
Every Member is entitled to define the type of obligation of universal service that you wish to maintain. It will not be considered that the obligations of that nature are anticompetitive per se, under the condition that they are administered in a transparent manner, non-discriminatory and with neutrality in the competition, and are no more gravy than necessary for the type of universal service defined by the Member.
4.Public availability of the criteria for outoring licences
When a permit is required, they will be placed at the public's disposal:
a)all the licensing criteria and the deadlines normally required to make a decision regarding a license request; and
b) the terms and conditions of the licenses.
On request of the person concerned, the reasons for the denigration of the licence shall be communicated to you.
5.Independence of the regulator
The regulator will be independent of every basic telecom service provider, and will not respond to it. The decisions of the regulator and the applied procedures will be impartial in relation to all market participants.
6.Designation and use of scarce resources
Every procedure for the designation and use of scarce resources, such as the frequencies, numbers and rights of passage, will be done objectively, transparently and non-discriminatory. It will be placed at the public's disposal the current state of the designated frequency bands, but it does not have to identify in detail the frequencies assigned to specific official uses.
BRAZIL-SPECIFIC COMMITMENTS LIST
Modes of provision: 1) Cross-border Gift 2) Consumption in the Exterior 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| ALL OF THE SECTORS INCLUDED IN THIS LIST | 3. In accordance with the laws and regulations governing foreign investments, every foreign capital applied in Brazil must be registered at the Central Bank of Brazil so that they can remit funds abroad. The Central Bank of Brazil sets out the procedures regarding remittances and transfers of funds to the outside. Foreign providers of services wishing to provide services as a legal person should adopt one of the society-technical forms provided for in law in Brazil. The Brazilian law establishes distinction between the legal person and the physical persons who control it, which consequently confers independent life to the legal person. This results that the legal person has full rights and responsibilities under his or her patrimony and obligations. A corporation acquires the condition of a private law legal person by duly registering the respective social contract (Staff Regulations and / or Contract) to the competent Public Registry (RP). It is indispensable that the RP settlements contain the following information about the legal person: | 3) No 4) Non-consolidated, except for the nominee in the access column to markets. |
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| i. denomination, objects and location of headquarters; ii. description of the person who occupies directional positions, including persons bearing active and passive representation, judicial and extra-judicial; iii. the process of changing the administration devices; iv. provisions relating to the responsibilities of the administrators for acts that they practise; and v. provisions regarding their dissolution, which include the destination that will have their assets. Are they not considered legal persons by Brazilian law a?individual company? and the?partnership?. It will be able to establish joint venture by association of capital upon the constitution of any kind of commercial society provided for in Brazilian law (usually this is a Private Limited Liability Company or an Anonymous Society). It can also establish joint venture by means of consortium, which is neither legal person nor a type of capital association. The consortium is used mainly in major service contracts. It is the association of two or more companies for the joint realization of a specific purpose. Each associate of the consortium maintains its own organizational structure. 4) Non-consolidated, except in cases that refer to measures affecting the entry and temporary stay in Brazil concerning the following categories of persons: 1. Personnel transferred within the same company Definition: The employees of a company/association/company established in the territory of a Party that are temporarily transferred to the provision of service upon commercial presence in the territory of Brazil. There must be an association relationship between the service provider installed on the territory of Brazil and its head office abroad. There must be a vacancy corresponding to the post. It is understood by employees: i) Executives Definition: Executives are those who primarily take charge of the management of the organization and have ample freedom of action to make decisions. To appoint an executive or director, the following requirements must be met: (a) the investment must be at minimum US$ 50,000.00, whenever the company creates 10 new jobs during the first two years since the establishment or entry of the executive or director; or b) the company must have invested in Brazil a minimum of US$ 200,000.00. Duration of stay: up to three years, extended, for a single time, for equal period, in accordance with national laws and regulations. ii) Managers Definition: Managers are those who primarily take charge of the direction of the organization or some of their departments or subdivisions and supervise and control the work of other supervisors, directors or practitioners. To appoint a manager or administrator, they must meet the following requirements: (a) the investment should be at minimum US$ 50,000.00, whenever the company creates 10 new jobs during the first two years since the establishment or entry of the manager or administrator; or b) the company must have invested in Brazil a minimum of US$ 200,000.00. Duration of stay: up to three years, extended, for equal period, a single time, in accordance with national laws and regulations. iii) Specialists Definition: The experts are those who possess expertise from an advanced level, essential for the establishment / provision of the service and / or have private domain knowledge of the organization. The relevant contracts must be approved by the Ministry of Labour. For such approval, it is taken into account the compatibility of the person's qualifications with the commercial sector in which it operates the company, as well as its professional experience, which must be three years at the earliest. The company must justify the need to hire such professionals and technicians taking into account similar professionals and technicians available in Brazil. |
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LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of provision: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
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Sector or subsector | Limitations to access to markets | Limitation to national treatment | Additional appointments |
| ALL SECTORS INCLUDED IN THIS LIST | Legal persons must respect the ratio of at least two Brazilians per every three employees. Duration of stay: up to two years, extended, for a single time, for equal period, in accordance with national laws and regulations. 2. Persons on business visit i) Services sales Definition: Representatives of a service provider who temporarily enter the territory of Brazil to sell services or conclude agreements on the sale of such services to that service provider and / or attend meetings in that context. The representatives of these service providers will not participate in direct sales to the public nor will they provide the services themselves. They will also not receive any remuneration from sources located in the territory of Brazil. Duration of stay: up to ninety (90) days, extended, for a single time, for equal period, in accordance with national laws and regulations. ii) People responsible for establishing commercial presence Definition: Employees of a legal person with the aim of establishing a commercial presence of that legal person in the territory of Brazil and / or attending meetings in that context. The employees of these legal persons shall not participate in direct sales to the public nor shall they provide the services themselves. They refer solely to the employees of a legal person who has no commercial presence in the territory of Brazil. These employees will not receive any remuneration from sources located in the territory of Brazil. To establish commercial presence, people on business visit must designate as a representative a resident in Brazil. Duration of stay: up to ninety (90) days, extended, for a single time, for equal period, in accordance with national laws and regulations. 3. Service providers by contract-Employees of legal persons Definition: The employees of a companion/company established abroad who temporarily enter the territory of Brazil with the aim of providing service in accordance with a contract concluded between their employer and a consumer of the service in the territory of Brazil. |
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LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of provision: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| ALL SECTORS INCLUDED IN THIS LIST | Limits to the employees of established companies abroad who do not have a commercial presence in the territory of Brazil. The employees of these companies established abroad receive their remuneration from their employer. The employees possess academic and other appropriate qualifications for the provision of the service. The legal person of the other Party shall obtain a contract of services for the provision of the service in the territory of Brazil. The consumer of the service must be a legal person established in Brazil. There must be a technological assistance contract or technology transfer agreement between the foreign company and the consumer of the service established in Brazil. For each foreign professional included in the contract, they must provide themselves with) justifying the need for the services of the professional in question, taking into account the availability of professionals in Brazil and b) evidence that the professional has a prior experience of at least 3 years. In the case where the foreign company does not count on Brazilian professionals, there should be a training plan that will behold the formation of Brazilian professionals. Duration of stay: up to one year, extended, for a single time, for equal period, in accordance with national laws and regulations. 4. Professional Independent Definition: A physical person, who between temporarily in Brazil, with the aim of providing a service under contract of work outored by a legal person established in the territory of Brazil. Legal persons must respect the proportion of at least two Brazilians for every three employees. The relevant contracts must be approved by the Ministry of Labour. For such approval, it is taken into account the compatibility of the person's qualifications with the commercial sector in which it operates the company, as well as its professional experience, which must be for a minimum of three years, and its schooling, which must be superior. The company must justify the need to hire such professionals taking into account similar professionals available in Brazil. |
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LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of provision: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| ALL SECTORS INCLUDED IN THIS LIST | Duration of the stay: up to one year, extended, for a single time, for equal period, in accordance with national laws and regulations. 5. Trainees Definition: Person, national of Chile, who will come to Brazil to carry out the practical part of higher education or professional character, which, associated with the theoretical part, contribute to their professional outreach. Should it be drawn up?Term of Appointment? between the trainee and the Brazilian company or institution, with the participation of an intermediary, which may be: a student exchange entity, officially recognized; an international cooperation body; or sectors of international cooperation from different Ministries of the Federative Republic of Brazil The trainee may be a beneficiary solely of the fellowship, and will not be considered an employee of the company. Duration of stay: up to 1 year The employee of a company established in the territory of Chile who is admitted to Brazil as a trainee in a branch office or representative office in Brazil should meet the following criteria: remuneration should occur solely abroad by the company established in the Chilean territory; and it requires permission from the Ministry of Labour and Employment Duration of the stay: up to 1 year For all categories: they will apply for all the remaining requirements, laws and regulations regarding entry, stay and work. The work permit will be subject to the performance of the duties for which it was granted with permission from the Ministry of Labour and Employment. |
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LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Presence Comercial4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| II-APPOINTMENTS CONCERNING SPECIFIC SECTORS | |||
| 1. SERVICES PROVIDED TO COMPANIES | |||
| A. Professional services a) Legal services (CPC 861) Only for consultancy in Chilean law | 1) No 2) Every lawyer's society should constitute itself in the form of Civil Society. It is expressly forbidden to exercise the judicial prosecutor's office by foreigners, either by you or by third parties, directly or indirectly. Every lawyer's society shall be constituted solely by physical persons, Brazilians or foreign nationals residing in the country, duly enrolled in the Order of Advogados of Brazil (OAB). Attorneys ' societies can only provide advocacy services, vetoed to multidisciplinarity. Chilean lawyers, even if they do not reside in Brazil and who do not revalidate their Diploma, can act in Brazil, as consultants in the Chilean Law, after special enrollment that gives them the Order of Advogados of Brazil. Registration at the OAB will have the shelf life conditional on that of the stay visa, in those cases where it is not required to be seen from residence. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) Every Lawyers ' Society must constitute itself in the form of Civil Society. It is expressly forbidden to exercise the judicial prosecutor's office by foreigners, either by you or by third parties, directly or indirectly. Every lawyer's society should be constituted exclusively by physical persons, lawyers duly enrolled in the Order of Lawyers of Brazil (OAB), Brazilians or foreigners, but residents in the country. Attorneys ' societies can only provide advocacy services, vetoed to multidisciplinarity. Chilean lawyers, even if they do not reside in Brazil and who do not revalidate their Diploma, can act in Brazil, as consultants in the Chilean Law, after special enrollment that gives them the Order of Advogados of Brazil. Registration at the OAB will have the shelf life conditional on that of the stay visa, in those cases where it is not required to be seen from residence. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Accounting, auditing, and writing (CPC 862) | 1) Non-consolidated, however a provider of foreign services can cede its name to Brazilian professionals. 2) Non-consolidated. 3) The participation of non-residents in legal persons controlled by Brazilian citizens is not permitted. A foreign service provider may not use its foreign name, but it may cede it to Brazilian professionals who will constitute a new legal person in Brazil and participate fully in it. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) Special registration requirements for the counters wishing to audit the accounts of companies such as financial institutions or savings and loan cooperatives. The Brazilian accounting and auditing standards must be respected. 4) Non-consolidated, except for the indicated in the horizontal section |
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| c) Tributary Advisory Services (CPC 863) | 1) Non-consolidated 2) No 3) The participation of non-residents in legal persons controlled by Brazilian nationals is not permitted. It is expressly vetted the exercise of the judicial prosecutor's office by foreigners. If it comes to advice provided by lawyers, they should be observed, ademals, the restrictions on legal services. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) No 3) The participation of non-residents in legal persons controlled by Brazilian nationals is not permitted. It is expressly vetted the exercise of the judicial prosecutor's office by foreigners. If it comes to advice provided by lawyers, they should be observed, ademals, the restrictions on legal services. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| d) Architecture services (CPC 8671, except 86719) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers should join Brazilian service providers in a particular type of legal entity: the?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| CPC 86719, include-if only services that require the expertise of architects: the elaboration and presentation of dissemination material, the elaboration of definitive plans?, the constant representation on the ground during the construction phase, the supply of instruction manuals. | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers are to join Brazilian service providers in a given type of legal entity: the?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No. 4) Non-consolidated, except by the nominee in the section Horizontal |
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| e) Engineering services (CPCs 86721, 86722, 86723, 86724, 86725, 86726, 86727, except 86729) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers must join Brazilian service providers in a particular type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| CPC 86729, include only geotechnical engineering services provided by engineers and architects endowed with the knowledge needed to design diverse projects, the engineering services of underground surfaces, which consist of the valorisation, study of contamination and quality control of the underground aquifer resources, the technical services specializing in inspection programs, detection and control of corrosion and the investigation of faults and avairies | 1) Non-consolidated 2) No consolidated 3) None, except that foreign service providers should join Brazilian service providers in a given type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| f) Integrated Engineering Services (CPC 8673) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers must join Brazilian service providers in a determined type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| g) Urban planning and landscape architecture services (CPC 8674) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers must join Brazilian service providers in a particular type of legal entity: the?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| i) Veterinary services (CPC 932) | 1) No 2) No 3) Non-consolidated 4) by the nominee in the horizontal section | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| B. Computer services and related services (CPC 84, except 8499) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section |
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| E. Leasing or rental services without operators a. Leasing or rental of craft without crew (CPC 83103) | 1) No 2) No 3) Mercantile rental societies must adopt the legal form of anonymous societies. 4) Non-consolidated, except for the nominee in the horizontal section | 1) None, except that foreign vessels, including when leased by Brazilian company of navigation, must pay the headlamp utilization rate (TUF), excepted cases where there are agreements signed by the country with specific reciprocity clause 2) None, except that foreign vessels, including when leased by Brazilian shipping company, shall pay the headlamp utilization rate (TUF), excepted cases where there are agreements signed by the country with specific reciprocity clause 3) No 4) Non-consolidated, except for the nominee in the section horizontal |
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| b. Leasing or rental of aircraft without crew (CPC 83104, excluded from granting public air services) | 1) Non-consolidated 2) No 3) Mercantile rental companies must adopt the legal form of anonymous societies. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments | |
| c. Leasing or rental of other means of transport without operators (CPC 83101 + 83102 + 83105) Only for land transport | 1) Non-consolidated 2) No 3) The societies of mercantile lease should adopt legal form of anonymous 4) Non-consolidated companies, except for the nominee in the horizontal section | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| F.Other services provided to companies a) Publicity (CPC 871) | 1) Foreign participation in production is limited to the Tuesday part of the film of the advertising films. A greater participation is conditional on the employment of Brazilian artists and companies. The language of the advertising films should be the Portuguese, unless the subject of the film requires the employment of another language. 2) Non-consolidated 3) In addition to the conditions mentioned in paragraph 1) above, foreign participation is limited to 49% percent of the capital of companies established in Brazil. The direction should remain in the hands of the Brazilian associates. The professionals are subject to the Brazilian Code of Ethics of Advertising Professionals. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated. 2) Non-consolidated 3) Foreign producers must live in Brazil for at least three years before they are allowed to produce films. Brazilian advertising films will benefit from smaller values of CONDECINE. 4) Non-consolidated, except for the nominee in the horizontal section |
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| b) Markets study services and public opinion polls (CPC 864) | 1) Not consolidated 2) No 3) No consolidated 4) Not consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) No 3) No consolidated 4) Not consolidated, except for the indicated in the horizontal section |
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| c) Consultancy services in administration (CPC 865) | 1) Non-consolidated 2) No 3) No 4) consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) No 3) No 4) Not consolidated, except for the nominee in the horizontal section |
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| d) Services related to those of consulting in Administration (CPC) 866) | 1) Non-consolidated 2) Not consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) Not consolidated, except for the indicated in the horizontal section |
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| e) Services of tests and analyses techniques (CPC 8676), except for the regulated sectors (compulsory field), in modes 1 and 2. | 1) No 2) No 3) Nenhuma5 4) Non-consolidated, except for the nominee in the horizontal section | 1) No 2) No 4) No 4) No 4) Not consolidated, except for the indicated in the horizontal section |
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| f) Services related to agriculture, hunting and reforestation (CPC 881) | 1) Non-consolidated * 2) Non-consolidated 3) In areas close to national borders, actions concernable to colonization and rural lotements are forbidden. If and when authorized, 51% of the capital of service providers must belong to Brazilian citizens and the Administration must be constituted in its majority by Brazilian citizens, which they should exercise control of. A foreigner resident in Brazil and a foreign legal person authorized to develop activities in Brazil will only be able to acquire rural properties under Brazilian law. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| g) Services related to fishing (CPC) 882) Does not include the property of fishing vessels | 1) Non-consolidated * 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 3) Non-consolidated 3) Not consolidated, except by the indicated in the horizontal section |
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| h) Mining-related services (CPC 5115) | 1) Non-consolidated * 2) No 3) The research and washbasin of mineral resources and the harnessing of hydraulic power potentials will only be able to be effected by Brazilians or companies constituted under Brazilian laws and have their headquarters and administration in Brazil. In the border zone, industries that are considered to be of interest to national security, as related in decree of the Executive Power and those intended for research, lavra, exploration and exploitation of mineral resources, except those of immediate application in the civil construction, thus classified under the Mining Code, should have 51% of the capital in the hands of Brazilian citizens and most of the administrative or managerial positions occupied by Brazilians, assured their decision-making powers. In the case of a physical person or individual company, only the Brazilians will be allowed the establishment or exploitation of the service. Foreign service providers should join with Brazilian providers of services in a given type of legal entity, the consortium; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) The research and washing of mineral resources and the harnessing of hydraulic energy potentials will only be able to be effected by Brazilians or companies constituted under the Brazilian laws and to have their headquarters and administration in Brazil. In the border zone, industries that are considered to be of interest to national security, as related in decree of the Executive Power and those intended for research, lavra, exploration and exploitation of mineral resources, except those of immediate application in the civil construction, thus classified under the Mining Code, should have 51% of the capital in the hands of Brazilian citizens and most of the administrative or managerial positions occupied by Brazilians, assured their decision-making powers. In the case of a physical person or individual company, only the Brazilians will be allowed the establishment or exploitation of the service. Foreign service providers should join with Brazilian providers of services in a given type of legal entity, the consortium; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section and by the following limitation: in the case of foreign professionals carrying temporary work visas, the contracting entity shall hold, together with the foreign professional, by the term of the contract or its extension, Brazilian assistant of equivalent graduation. |
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| i) Services related to manufacturing production (CPC 884 + 885, except 88412, 8843, 88442, 8845, 8855, 8857, 8857) | 1) Not consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| k) Human resource placement and supply services (CPC 872) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| l) Investigation and security services (CPC 873 except 87309) | 1) No consolidated 2) Non-consolidated 3) It is prohibited to foreigners the ownership and administration of the provision of specialized research and security services. 4) Non-consolidated, except for the indicated in the horizontal section | 1) No 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| n) Equipment maintenance and repair services (excluded the vessels, aircraft, and too much transport equipment) (CPC 633 + 8861 + 8863 + 8864 + 8866 + 8866, except 63309) | 1) Not consolidated * 2) Not consolidated 3) Not consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| o) Built-in cleaning services (CPC 874) | 1) Not consolidated * 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Not consolidated, except for the indicated in the horizontal section |
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| p) Photographic services (CPC 87501, 87502, 87503, 87505, 87507, 87507) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) Not consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section |
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| p.1. Specialized photography services (CPC 87504 + 87509) | 1) Non-consolidated 2) No 3) Commercial presence permission will be heard from legal persons constituted in compliance with national laws and regulations, which have their registered office and administration in Brazil and have by social object the execution of aerolevanment service. The participation of foreign entity, in the exceptional cases and in accordance with the public interest, requires permission from the President of the Republic. The interpretation and translation of the data is to be carried out in Brazil, under full control of the national entity responsible for the instruction of the authorization process. 4) Non-consolidated, except for the nominee in the horizontal section | 1) Non-consolidated 2) No 3) The commercial presence permit will be heard from the legal persons constituted in compliance with national laws and regulations, which have for social purpose the execution of aerolevanisation service. The participation of foreign entity, in the exceptional cases and in accordance with the public interest, requires permission from the President of the Republic. The interpretation and translation of the data is to be carried out in Brazil, under full control of the national entity responsible for the instruction of the authorization process. 4) Non-consolidated, except for the indicated in the horizontal section |
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| q) Packaging services (CPC 876) | 1) Not consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No consolidated 3) No 4) Not consolidated, except for the nominee in the horizontal section |
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| s) Convening services (CPC 87909) | 1) Not consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section |
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| t) Other Translation and interpretation services (excluded the official translators) (CPC 87905) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) Not consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section |
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| COMMUNICATIONS SERVICES | ||||
| B. Courier services (CCP 75121) Do not include in this offer the receipt, transportation and distribution, in the national territory, and the sending, to the outside, of letter, postcard and grouped correspondence, tamely the manufacture, issuance of stamps and other postal franchise means. | 1) No 2) No 3) No consolidated 4) Not consolidated, except for the indicated in the horizontal section | 1) No 2) No 4) No 4) No 4) Not consolidated, except for the indicated in the horizontal section |
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| C. TELECOMMUNICATION SERVICES i) The Federal Constitution of Brazil guarantees all the acquired rights of the service providers already established in Brazil. The legislation confers on the Executive Power the prerogative to study the establishment of limits on foreign participation in the capital of telecommunications service providers. ii) Every service provider wishing to provide a telecommunications service in Brazil should obtain a license from Anatel. Only if they will be granted licenses to properly constituted companies under the Brazilian legislation, which requires the central office and the administration to be located in Brazilian territory and that most of the shares entitled to vote are owned by physical persons residing in Brazil or from companies duly constituted under Brazilian law, which requires the central office and the administration to be located in Brazilian territory. iii) This List does not include any related commitment to activities in which the transportation of information takes place upon a telecommunications service. The regulation of the content and the treatment of these activities are in charge of their respective sectors. iv) Authorizes foreign satellites access to the market of Brazil, and decisions of regulatory character in that regard are adopted upon a transparent and objective process, and on the basis of reciprocity. Telecommunication service providers shall use Brazilian satellites when technical, operational or commercial conditions are equivalent to those offered by foreign satellites. v) It is possible to limit the number of wireless telecommunications service providers by reason of availability of spectrum. vi) Brazilian legislation does not consider that the added value services are telecommunication services. | ||||
LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of delivery: 1) Cross-border Presence 2) Consumption Abroad 3) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional Commenactments |
| 2.C TELECOMMUNICATIONS SERVICES Local, Long-Distance and International Services, for public use or not, provided through any network technology (cable, satellite, etc) a) Voice telephone services b) Broadcasting services by switching packages c) Data Transmission Services by Switching of Circuits d) Telex Services and) Telegraphic Services f) Facsimile Services (g) Services Rental of Private Circuits | Non-consolidated 2) No, except for the indicated in the horizontal section of this subsector and in the horizontal commitments section 4) Non-consolidated, except by the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) None, except for the nominee in the horizontal section of this subsector and in the section of horizontal commitments 4) Non-consolidated, except for the indicated in the horizontal section |
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| o) Other basic telecommunications services analog and digital mobile services (800 MHz, 900 MHz, 1800 MHz, 1900/2100 MHz) Global mobile services by satellite Services Paying Trunking Services (460 MHz, 800 MHz, 900 MHz) | 1) Non-consolidated 2) Not consolidated 3) None, except for the indicated in the horizontal section of this subsector and in the horizontal commitments section 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) None, except for the indicated in the horizontal section of this subsector and in the horizontal commitments section 4) Non-consolidated, except for the indicated in the horizontal section |
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| D. Audiovisual Services production services and distribution of tapes and video tapes (CPC 9611) | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated 4) No consolidated, except for the indicated in the horizontal section | 1) Non-consolidated, except for the application of the CONDECINE rate, in which Chilean cinematographic works will receive the same treatment given to Brazilian works. 2) Non-consolidated, except as to the application of the CONDECINE rate, in which Chilean cinematographic works will receive the same treatment given to Brazilian works. 3) Non-consolidated, except as to the application of the CONDECINE rate, in which Chilean cinematographic works will receive the same treatment given to Brazilian works. 4) Non-consolidated, except for the nominee in the horizontal section |
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LIST OF SPECIFIC COMMITMENTS FROM BRAZIL
Modes of delivery: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| 3. ENGINEERING SERVICES AND SERVICES RELATED TO ENGINEERING | |||
| A. General construction services for edifices (CPC 512) B. General construction services for civil engineering (CPC 513) | 1) Non-consolidated * 2) No 3) None, except that foreign service providers must join the Brazilian service providers in a particular type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| C. Installation, assembly and maintenance and repair of fixed structures (CPC 514 + 516) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers should join Brazilian service providers in a determined type of legal entity: the?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| D. Completion and Encoding Completion services (CPC 517, except 5179) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers must join Brazilian service providers in a determined type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| E. Others (CPC 511 + 515 + 518) | 1) Non-consolidated * 2) Non-consolidated 3) None, foreign service providers should join Brazilian service providers in a type determined of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 4. DISTRIBUTION SERVICES | |||
| A. Services of commissioning agents (CPC 621) | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Nehuma 4) Non-consolidated, except for the indicated in the horizontal section. |
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| B.Wholesale trade (CPC 622, except CPC 62271) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional commit |
| C. Trade retailer (CPC 631 + 632, except 63297) | 1) Non-consolidated 2) Non-consolidated 3) Not consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| D. Franchising Services (CPC 8929) | 1) No 2) Not consolidated * 3) No 4) consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated * 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 5. EDUCATION SERVICES The commitments made in that sector are subject to the following general conditions: i) The association between Brazilian and foreign Higher Education Institutions (IES) can be given upon formalization of inter-institutional arrangements. In any case, the offer of courses, jointly, will only be able to occur upon authorization and recognition established in Law. They are subject to the procedures of revalidation of diplomas that are not issued by a Brazilian IES. (ii) Education institutions established in the national territory shall submit the identical assessment to which the equivalent national educational institutions are submitted. Proofs, activities, qualification and dissertation defences or thesis must be presential. iii) Distant education may be offered by institutions specifically accredited and authorized by the Brazilian public power. Iv) The certificates and diplomas of courses the distance issued by foreign institutions, even when carried out in cooperation with institutions based in Brazil, should be revalidated to generate legal effects, in accordance with the prevailing standards for presential education | |||
| C. Higher education services (CPC rev1 923) Other higher education services-Post-graduate Lato Sensu and Stricto Sensu | 1) Non-consolidated 2) No 3) No 4) consolidated | 1) Non-consolidated 2) No 3) No 4) Unconsolidated |
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| D. Adult education services n.c.p. (CPC 9240) | 1) No 2) No 3) No 3) Unconsolidated 4) | 1) No 2) No 4) No 4) Non-consolidated |
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| E. Other education and training services (CPC 9290) Only for Language Courses | 1) No 2) No 3) No 4) Non-consolidated | td width=134 valign=top style='width: 100.2pt; border-top:none; border-left: none; border-left: none; border-bottom:solid windowtext 1.0pt; border-right:solid windowtext 1.0pt; padding: 0cm 0cm 0cm 0cm '>
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LIST OF SPECIFIC COMMITMENTS FROM BRAZIL
Modes of provision: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| 6. ENVIRONMENT-RELATED SERVICES The commitments regarding the services listed below are restricted to the business between private sector providers and consumers. | |||
| B. Solid waste services (CPC 9402) | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, which may establish specific conditions It requires technology transfer to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, who can establish specific conditions Rewant transfer of technology to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| Combustion gas cleaning services (CPC 9404) | 1) Non-consolidated 2) No Consolidated 3) The provision requires license from the public authorities, which can establish specific conditions Transfer of technology to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, who can establish specific conditions Rewant transfer of technology to ensure symmetric benefits in the association of domestic and foreign 4) Non-consolidated, except for the indicated in the horizontal section. |
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| XX_ENCODE_CASE_CAPS_LOCK_On noise reduction services (CPC 9405) | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, who can establish specific conditions Rewant transfer of technology to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, which may establish specific conditions. It requires technology transfer to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 9. TOURISM SERVICES | |||
| A. Hotels and Restaurants (CPC 641 + 642 + 643) | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) Brazilian companies operating in the Amazon and Northeast region benefit from certain tax incentives. Other incentives are granted only to those companies whose majority of capital is in the hands of citizens or Brazilian legal persons. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| B. Travel agency and tour operators (CPC 7471) | 1) Not Consolidated * 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 3) Non-consolidated 3) Not consolidated, except for the indicated in the horizontal section. |
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| C. Tour guides (CPC 7472) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional Compromments |
| 11. TRANSPORT SERVICES | |||
| A. Shipping services (passengers, CPC 7211, and CPC cargo 7212, except cabotage transport services (see note on shipping services) | 1) a) passengers: Non-consolidated; (b) cargo, none, except in the case of the loads whose carriage is reserved to ships with flag of Brazil, in accordance with the national laws and regulations (see adjoint note). 2) No 3) None, except: a) Transport service presence: the commercial presence requires the constitution of a Brazilian shipping company in accordance with national laws and regulations, requiring, among others, possession of at least one vessel and sufficient capital resources for the activity to be explored. In order for a ship to fly the Brazilian flag, it must be registered under the national legislation and entered into the National Register or the REB; 4) None, except: (a) the nominee in the horizontal appointments; (b) on the Brazilian flag ships inscribed in the National Register, shall necessarily be Brazilian citizens the commander, the head of machines and 2/3 of the crew. Should the vessel count on the Brazilian Special Register (REB), only the commander and the head of machines will necessarily be Brazilian citizens | 1) None, except that the ships foreigners must pay the rate of use of beacons. 2) No 3) No 4) None, except the nominee in the horizontal commitments | International maritime transport service providers will have access to the following port services, under reasonable and non-discriminatory conditions, in accordance with national laws and regulations: 1. Practicing 2. Assistance in towing and traction 3. Storage of vivers, fuel and water 4. Pick-up and disposal of waste, waste and ballast 5. Services of Captain inspector 6. Navigation aid services 7. Services on land, included those for communications and water supply and electric power 8. Repair of urgency 9. Anchoring, eye-catching and pier services (muellaje) |
| B. Ancillary services for shipping cargo handling services (as indicated under section 2 of the Definitions) | 1) Non-consolidated * 2) None 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
|
| Storage services (CPC 742) | 1) Non-consolidated * 2) No 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding, as well as national customs laws and regulations. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional commit |
| Customs dispatch services (as indicated in point 3 of Definitions) | No 3) No 3) None, except that the occupation of public character zones in ports is subject to availability and concession procedures, or to public bidding, as well as to the laws and national customs regulations. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| Service stations and container depots (as indicated in point 4 of the Definitions) | 1) Non-consolidated * 2) No 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding, as well as to national customs laws and regulations. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| Services of maritime agencies (as indicated in point 5 of the Definitions) | 1) No 2) None 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding. 4) Non-consolidated, except for the indicated in the horizontal section | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| Maritime forwarding services (as indicated in point 6 of the Definitions) | 1) No 2) No 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding. 4) Non-consolidated, except for the indicated in the horizontal section | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| Maintenance and repair of vessels (CPC 8868) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| Retowing services (7214) | 1) Non-consolidated 2) Non-consolidated 3) The commercial presence requires the constitution of a Brazilian shipping company as per national laws and regulations, requiring, among other requirements, the possession of at least one vessel and sufficient capital resources to the activity to be explored 4) Non-consolidated, except by the nominee in the horizontal section. To arvate the Brazilian flag, it will necessarily be Brazilians the commander, the head of machines and 2/3 of the crew. Should the vessel count on the Brazilian Special Register (REB), it will necessarily be Brazilians only the commander and the head of machines | 1) Non-consolidated 2) Non-consolidated 3) A commercial presence requires the constitution of a Brazilian shipping company as per national laws and regulations, requiring, among other requirements, the possession of at least one vessel and sufficient capital resources to the activity to be explored 4) Non-consolidated, except by the indicated in the horizontal section. |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional Compromments |
| DEFINITIONS 1. By other forms of commercial presence for the provision of?international shipping services? whether it understands the ability of international shipping service providers belonging to other Parties to carry out locally all the activities necessary to provide their customers with a partial or fully integrated transport service, of which the shipping constitutes substantial element. These activities comprise: (a) marketing and sale of shipping services and related services by direct relationship with customers, from the presentation of the price to the billing, services that will carry out or offer the service provider itself with which the service vendor has established permanent trade agreements; (b) acquisition, on its own or on behalf of its customers (and the resale to its customers) of transport services and related services, including any mode of land transport, especially by inland waterways, highways and railways, necessary to provide the integrated service; (c) preparation of the documentation relating to transport documents, customs documents or other documents related to the origin and character of the goods transported; d) provision of commercial information by any means, included computerized systems and exchange data electronic (subject to the reservation of the provisions in the Annex on Telecommunications of the General Agreement on Trade in Services of the World Trade Organization); and) establishment of commercial provisions (included participation in a company's shares) and appointment of contracted personnel in the country (or, in the case of foreign personnel, under the reservation of the horizontal commitment on personnel movement) with any existing maritime transport agency in the country; f) activities on account of the companies to arrange the scales of the ships or accept the load, proceed second. 2. By?handling services of the cargo object of shipping? if it understands activities exerted by companies of dockers, included the terminal operators, but not the direct activities of the workers of the piers, when this work force is organized independently of the companies of the dockers or the terminal operators. Included are the activities of organizing and supervising:-loading and unloading of ships;-the mooring and untethering of the cargo;-the reception / delivery and custody of the cargoes in the port areas before boarding or after the discharge. | |||
| 3. By?customs dispatch services? (or?services of customs agents?) whether it understands activities of carrying out, on account of the other party, customs formalities related to the import, export or transport in transit of loads, both if this service constitutes the main activity of the service provider as a customary complement to its main activity. 4. By?service of stations and container depots? if you understand the storage of containers, be it in port areas, be it inland, with views to your loading / emptying, repair and supply for your employment on transport. 5. By?services of maritime agencies? whether it understands the activities of representation, in a given geographical area, of the commercial interests of one or several shipping lines or shipping companies, with the following purposes:-marketing and sale of maritime transport services and related services, from pricing to invoicing and dispatch of the knowledge of lading on behalf of the companies; acquisition and resale of the necessary related services, preparation of documentation and provision of information commercial;-acting on behalf of the companies, arranging the scale of the vessel or taking charge of the goods if necessary. 6. By?services of maritime freight forwarders? whether it understands the activity of arranging and surveying transport operations on behalf of the forwarders, upon the acquisition of transport services and related services, the preparation of the relevant documentation and the provision of commercial information. NOTE ON MARITIME TRANSPORT SERVICES 1. Passenger or cargo cabotage transport services comprise all passenger or cargo shipping services carried out between a port or point located in the territory of Brazil and another port or point located in the same territory, included the so-called enlace services and the movement of equipment. 2. The loads whose transport is reserved to the flag vessels of Brazil are described in the national laws and regulations, included the transport of cargo acquired by the Government, the transport of crude oil and its derivatives; 3. The present offer is also conditional on the international agreements of which Brazil is a contracting party. | |||
LIST OF SPECIFIC COMMITMENTS FROM BRAZIL
Modes of provision: 1) Pressure Cross-border 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitation to the national treatment | Additional appointments |
| C. Air transport services Maintenance and repair of aircraft (CPC 8868) | 1) No 2) No 3) The foreign company is to receive presidential clearance to function and is thanks to keep, on a permanent basis, a representative in Brazil to resolve any issues and receive judicial citation by the society. The company must be approved by the National Civil Aviation Agency (ANAC), as per the parameters of the OACI. 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) The foreign company must receive presidential authorization to function and is obliged to maintain, on a permanent basis, a representative in Brazil to resolve any issues and receive judicial citation by the society. The company must be approved by the National Civil Aviation Agency (ANAC), as per the parameters of the OACI. 4) Non-consolidated, except for the indicated in the horizontal section. |
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| E. Rail transport services Transport of charges (CPC 71121, CPC 71123, CPC 71129) | 1) Non-consolidated 2) Non-consolidated 3) Government authorization is required. The granting of new authorizations is discretionary. One can limit the number of service providers. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| F. Road transport services Transport of loads (CPC 71231, CPC 71233, CPC 71234) | 1) Non-consolidated 2) Non-consolidated 3) None, except with respect to transportation ground international, as provided for in the Agreement on International Terrestrial Transportation adopted by Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay. 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| G. Transport by pipelines Transport of other products (CPC 7139 excluded hydrocarbons) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| H. Ancillary services for all kind of transport to) Chartering and discharge services (CPC 741) b) Storage services (CPC 742) | 1) Non-consolidated 2) No consolidated 3) None 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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LIST OF SPECIFIC APPOINTMENTS IN THE SERVICES
LIST OF CHILE
| HORIZONTAL APPOINTMENTS. | |
| ALL SECTORS INCLUDED IN THIS LIST |
i.-Payments and transfers The payments and capital moves effected within the framework of this Agreement will be subject to Article XIII and the provisions of Annex I on Payments and transfers. |
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| ii.-Decree-Law 600 The Decree-Law 600 (1974), Status of Foreign Investment, is a voluntary and special investment regime. As an alternative to the ordinary capital ticket regime in Chile, prospective investors may ask the Foreign Investments Committee to subject to the Decree Law 600 regime. The obligations and commitments contained in the Services Chapter and in this Annex are not applied to the Decree-Law 600, Status of Foreign Investment, to Law 18,657, Foreign Capital Investment Funds Act, to the continuation or rapid renewal of such laws, to modifications of the same or to no special and / or voluntary investment arrangements that may be adopted, in the future, by Chile. For greater certainty, it will be understood that the Foreign Investments Committee of Chile has the right to reject investment solicitations by the Decree Law 600 and Law 18,657. The Foreign Investments Committee of Chile has, still, the right to regulate the terms and conditions to those that will be subject to foreign investment, carried out as per the aforementioned Decree-Law 600 and Law 18,657. |
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| (4) Non-consolidated, except in cases that refer to measures that affect the temporary entry and permanence of natural persons, which are in one of the categories below, according to the indicated limitations. Persons who enter the territory of Chile by virtue of these commitments, in any of the established categories, shall be subject to the provisions of migration, labour and social security legislation. Foreign physical persons will be able to reintroduce up to a maximum of 15% of the total staff employed in Chile, according to indicated as 3) commercial presence, to companies of more than 25 employees. a) Personnel transferred within a company: A natural person from a Member State of MERCOSUR contracted by a legal person constituted, according to the nominee as 3) commercial presence, being transferred in a temporary manner to the provision of a service in Chile. For the purposes of this Section, it is understood by natural person the: (i) Executives: Contreated by a legal person, in charge of totality, or of a substantial part of the operations of that legal person in Chile. It has ample freedom of action to make decisions and authority to set goals and develop policies within it. It is subject, exclusively, to the direct supervision of the Board of Directors or directory of that company constituted in Chile. (ii) Managers: Contreated by a legal person, who directs or organizes such a legal person or one of its departments or divisions. Oversees or controls the work of other directives, supervisors or practitioners and can make decisions regarding the day-to-day handling of the company and its employees. (iii) Experts: Contreated by a legal person, who possesses high degree of specialization, qualification or experience, indispensable for the provision of the service required by the legal person and / or possesses private domain knowledge of the company established in Chile. These natural persons shall comply with the following requirements: (a) that their contract is for a period not less than one year; (b) that has been at the service of that legal person, at least, during a year immediately preceding the date of the entry request to Chile; and c) that on the date of the entry request to Chile is performing, in the home matrix of his country of origin, tasks in similar areas of activity or knowledge, including the transfer situations to take on different roles and in new areas related to those that performed in the matrix house. The entry of the transferred personnel within a company is of temporary character with a duration of the extended years for another two years. b) Business Visitors Una natural person seeking to enter Chile, with the aim of participating in business meetings, conducting market or investment studies, generating contacts, or participating in negotiations regarding the provision of future services, including the establishment of a company or company in the territory of Chile. Entry will be allowed as long as the business visitor: (a) does not receive remuneration in Chile; (b) do not conduct direct sales to the public; c) do not personally pay a service. Business visitors will be able to stay in Chile for a period of ninety extended days for the more ninety days. (c) Service providers by contract Una natural person, employee of a legal personality established in a State Party of MERCOSUR who enter, in a temporary manner, in the territory of Chile, to provide a service, in accordance with one or several contracts heard between his employer and one or several consumers of the service, in the territory of Chile. Both technicians and practitioners can provide the services under this category. Service providers by contract will have a temporary character permit by the deadline of one year, extended for another year. (d) Independent professionals Una natural person, who is temporarily joining the territory of Chile, with the aim of providing a service, with contract, bestowned by a legal person or one or several consumer of services, in the territory of Chile. Natural persons who provide a service in the territory of Chile should enter into a contract of employment, in writing, for a period not exceeding one year or at the shortest time necessary for the effective fulfillment of that contract. The independent professionals will have a temporary character permit for the duration of one year, extended for another year. For the purposes of categories c) and (d) of this modality 4), it is understood by: 1. Professional, the one who has a specialized occupation that requires: (a) the theoretical and practical application of a specialized knowledge body; and (b) obtaining a post-secondary degree, which requires four (4) years or more of studies (or the equivalent of that degree) as a minimum for the exercise of the occupation. 2. Technician, the person who has a specialized occupation requiring: (a) the theoretical and practical application of a set of expertise; and (b) achieving a post-secondary or technical degree that requires two (2) years or more of studies (or the equivalent of that degree), as a minimum for the exercise of the occupation. iii.-Etnias originating in (1), (2), (3) and (4): Nothing of the established in this list could be interpreted so as to limit the right to adopt measures establishing rights or preferences for the originating ethnicities. (3) This list is applied solely to the following types of commercial presence for foreign investors: open and ceramic anonymous societies, limited liability companies and agencies of foreign societies. (3) The property or any other type of law on?land of the state? can only be obtained by Chilean natural or legal persons. State lands for these purposes covers land owned by the state up to a distance of 10 kilometers from the border and up to a distance of 5 kilometers from the coast. This prohibition covers corporations or legal persons with main headquarters in countries borrower or whose capital is belonging 40% or more to nationals of the same country or whose effective control is in the hands of nationals of those countries. |
LIST OF SPECIFIC APPOINTMENTS IN THE SERVICES
LIST OF CHILE
| SECTOR | ACCESS TO MARKETS | NATIONAL TREATMENT | Additional appointments | |
| 1. SERVICES PROVIDED TO COMPANIES |
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| A. Professional services | Without prejudice to the one set out in section I (Horizontal Appointments.), professional service providers included in this list may be subject to an assessment by the responsible authorities in which they are expected to believe that they comply with the requirements that ensure their performance competently in the sector. |
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| a. Legal services (CCP 861) | (1), (3) None, except: Ancillates of the administration of justice shall reside in the same place or city where the court is in which they shall pay your services. The bankruptcy syndicates must have as a minimum three years of experience in commercial, economic or legal areas and are duly authorized by the Minister of Justice, and can only work in their place of residence. (2) None. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (3) None except: Public defenders, public tabelions and conservatives must be Chileans and comply with the same requirements required to be a judge. Archivists and referees of law must be lawyers; therefore, they must be Chilean nationals. Only Chilean nationals entitled to vote and foreigners with permanent residency and right to vote can act as judicial custodians and as prosecutors of the number. Only Chilean nationals and foreigners with a permanent residence in Chile or Chilean legal persons may be public auctioneers. To be a summary of bankruptcies it is necessary to possess a technical or professional title bestowned by a university, a professional institute or a technical training centre recognised by the State of Chile. The exercise of the legal profession is reserved solely for Chilean nationals. Only lawyers can provide services such as the sponsorship in the subjects presented before courts of the Republic, and it translates into the obligation that the first submission of each party should be sponsored by a lawyer entitled to the exercise of the profession; the drafting of the writings of constitution, modification, resiltion or liquidation of societies, settlement of marital societies, of division of goods, constitutive constituencies of legal personality, of associations of canalists, cooperatives, transaction contracts and bond issuance contracts of anonymous societies; and the sponsorship of the solicitation of granting legal personality to the corporations and foundations. (2) None. (4) Non-consolidated, except the indicated in the horizontal section. |
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| International legal services Advisories on public international law, international commercial law-nal and foreign law part of (CCP 86190) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| XX_ENCODE_CASE_CAPS_LOCK_On arbitration services and mediation / conciliation (CCP 86602) | 1) None, except for those judgements arbitrals prescribed by Chilean legislation as the sole jurisdiction of national arbitral tribunals or knowledge by arbitrators of law. 2) None, except those arbitral judgements prescribed by Chilean legislation as the sole jurisdiction of national arbitral tribunals or of knowledge by arbitrators of law. 3) No 4) Non-consolidated, except for the indicated in horizontal commitments. | 1) None, except those arbitral judgements prescribed by Chilean legislation as the sole competence of national arbitral tribunals or knowledge by arbitrators of right. 2) None, except those arbitral judgements prescribed by Chilean legislation as the sole jurisdiction of national arbitral tribunals or of knowledge by arbitrators of law. 3) No 4) Non-consolidated, except for the indicated in horizontal commitments. |
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| b. Accounting, auditing and bookkeeping services (CCP 86211) | (1), (3) None, except: The external auditors of financial institutions must be enrolled in the Registry of External auditors of the Superintendency of Banks and Financial Institutions and in the Superintendency of Values and Insurance. Only legal persons constituted legally in Chile as companies of persons or associations and whose main business spin are the auditing services will be able to register with the Registry. (2) None. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Tax advising services (CCP 863) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Architectural advice and architectural predesign services (CCP 86711) Architectural drawing (CCP 86712) | (1) and (2) Non-consolidated (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1) and (2) Non-consolidated (3) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| e. Contract administration services (CCP 86713) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| f. Combined architectural drawing and contract administration services (CCP 86714) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| g. Other architecture services (CCP 86719). | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| h. Engineering services (CCP 8672, except 86729) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| Other engineering services (CCP 86729) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| i. Integrated engineering services (CCP 8673) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| j. Veterinary services (CCP 932) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. Computer services and related services |
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| a. Services of consultants in computer equipment installation (CCP 841) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Application services of computer programs (CCP 842) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Data processing services (CCP 843) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Services of databases (CCP 844) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| Maintenance and repair services of machines and office equipment, included computers (CCP 845) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| Data preparation services (CCP 8491) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| C. Research and Development Services |
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| a. Research and development services of the natural sciences (CCP 851) (CCP 853) (CCP 8675) | (1), (3) None, except: The representatives of the legal or physical persons domiciled in the foreigner who wish to carry out explorations to perform work with scientific, technical or andineering purposes in the border areas, should apply for the corresponding authorization, by means of a consul of Chile, in the respective country, which will immediately and directly refer you to the Directorate of Borders and Limits of the State of the Foreign Ministry. The Military Geographical Institute and the Department of Navigation and Hydrography of the Armada are the authorized entities, in an exclusive manner, to raise and draw all the official maps and letters of the national territory. The Direction of Borders and Limits of the State may have to be incorporated into the issuance one or more representatives of the pertinent Chilean activities, to participate and to know the studies and their altars. The Operations Department of the State Border Directorate and Limits of the State shall inform the Direction about the desirability of authorizing or rejecting the geographical or scientific holdings that project to execute foreign persons or bodies in the country. The National Direction of Borders and Limits of the State shall authorize and take control of every exploration with scientific, technical or andineering purposes wishing to effect in borderlands legal or physical persons with a domicile abroad. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) and (3) None, except: Foreign physical / natural or legal persons wishing to do research in the 200-mile maritime zone in national jurisdiction should obtain an authorisation from the Hydrographic Institute of the Armada of Chile pursuant to the respective regulation. For these purposes, they should submit a request at least six months in advance of the date on which the research is intended to begin. The representatives of legal or physical persons, domiciled abroad, who wish to carry out explorations to perform work with scientific, technical or andineering purposes in the border areas shall request the corresponding authorisation by means of a consul of Chile, in the respective country, to refer him, in an immediate and direct manner, to the Directorate of Borders and Limits of the State of the Foreign Ministry. The Direction of Borders and Limits of the State may have to be incorporated into the issuance one or more representatives of the pertinent Chilean activities, to participate and to know the studies and their altars. The Operations Department of the State Border Directorate and Limits of the State shall inform the Direction about the desirability of authorizing or rejecting the geographical or scientific holdings that project to execute foreign persons or bodies in the country. The National Direction of Borders and Limits of the State shall authorize and take control of every exploration with scientific, technical or andineering purposes wishing to effect in borderlands legal or physical persons with a domicile abroad. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| b. Research and Development Services of the Social Sciences and Humanities (CCP 852) (CCP 853) | (1), (2), (3) None (4) Non-consolidated, except the indicated in the horizontal section. | (1), (3) None, except: The foreign physical / natural or legal persons who wish to effectuate excavations, prospections, surveys and / or anthropological, archaeological collections and paleontological, they should apply for a permit to the Council of National Monuments. It is a prerequisite for the licence to be heard, that the person in charge of the researches belong to a solvent foreign scientific institution and to work in collaboration with a Chilean state or university scientific institution. The licences will be able to be heard: Chilean researchers with archaeological, anthropological or paleontological scientific preparation, second-match, properly accredited, who have a research project and adequate institutional support; to foreign researchers, as long as they belong to a solvent scientific institution and to work in collaboration with a Chilean state or university scientific institution. The conservatives and directors of museums recognized by the Council of National Monuments, the archaeologists, anthropologists or professional paleontologists, second match, and the members of the Chilean Society of Archeology will be authorized to perform rescue work. It will be understood by rescue operations the urgent recovery of data or archaeological, anthropological or palaeontological species threatened by impending loss. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| c. Interdisciplinary research and development services (CCP 853) | (1) and (2) None (3) None, except: The physical / natural persons or foreign legal persons who wish to effect surveys in the 200-mile maritime area under national jurisdiction are expected to obtain an authorisation from the Hydrographic Institute of the Armada of Chile under the respective regulation. For these purposes, they should submit a request at least six months prior to the date on which the research is intended to begin. (4) Non-consolidated, except the indicated in the horizontal section. | (1) and (2) None (3) None, except: The physical / natural persons or foreign legal persons wishing to do research in the 200 mile maritime zone, under jurisdiction national, they should obtain a permit from the Hydrographic Institute of the Armada of Chile under the respective regulation. For these purposes, they should submit a request at least six months in advance of the date on which the research is intended to start. (4) Non-consolidated, except the indicated in the horizontal section. |
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| D. Real Estate Services |
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| a. Real estate services relating to own or leased root goods (CCP 821) | (1), (2), (3) No (4) Non-consolidated except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Real estate services by commission or by contract (CCP 822) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| E. Services by rental without laborers |
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| a. Services by the rental of ships without crew (CCP 83103) | (1), (2), (3) No (4) Non-consolidated except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Services by the rental of aircraft without crew (CCP 83104) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Services by the rent of other means of transport without personnel (CCP 83101) (CCP 83102) (CCP 83105) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Services by the rent of another type of machinery without laborers (CCP 83106) (CCP 83107) (CCP 83108) (CCP 83109) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| F. Manufacturing-related services |
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| a. Manufacturing of food and beverages, by commission or by contract (CCP 88411) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Manufacturing of paper and paper products, by commission or by contract (CCP 88441) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Manufacturing of rubber and plastic products, by commission or by contract (CCP 8847) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Manufacturing of furniture; manufacturing of other articles n.c.p.; recycling, by commission or by contract (CCP 8849) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| e. Manufacturing of common metals, by commission or by contract (CCP 8851) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| f. Manufacturing of elaborate metal products, except machinery and equipment, by commission or by contract (CCP 8852) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| g. Manufacturing of machinery and equipment n.c.p, by commission or by contract (CCP 8853) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| h. Manufacturing of motor vehicles, trailers and semi-trailers, by commission or by contract (CCP 8858) | (1), (2), (3) No (4) Non-consolidated except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| i. Manufacturing of other transportation equipment, by commission or by contract (CCP 8859) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| j. Repair services for equipment and radio, television and communications apparatus, by commission or by contract (excluded aircraft, vessels and other equipment) (CCP 8865) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| k. Manufacturing of textile products, by commission or by contract (CCP 88421) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| l. Garment manufacturing, by commission or by contract (CCP 88422) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| m. Manufacture of leather goods, by commission or by contract (CCP 88423) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| n. Manufacturing of non-metallic mineral products, by commission or by contract (CCP 8848) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| o. Manufacturing of radio, television and communications equipment, and communications, by commission or by contract (CCP 8856) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| p. Manufacturing of office machines, accounting or computing, by commission or by contract (CCP 8854) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| G. Other services provided to companies |
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| a. Advertising services (CCP 871) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Markets research and public opinion research services (CCP 864) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Services of consultants in administration (CCP 865) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Services related to that of the consultants in administration (CCP 866) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| e. Testing and technical analysis services (CCP 8676) | (1) and (2) None (3) To issue test certificates and technical analyses it is necessary to be accredited by the branch regulator. (4) Non-consolidated, except the indicated in the horizontal section. | (1) and (2) None (3) To issue test certificates and technical analyses it is necessary to be accredited by the branch regulator. (4) Non-consolidated, except the indicated in the horizontal section. |
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| f. Services related to agriculture, hunting and forestry (CCP 881) | (1), (3) None, except: People who have weapons, explosives, or similar substances should request its enrollment before the corresponding supervising authority at its domicile, and this authority shall submit them to the control, to the effect of which a solicitation is to be submitted to the General Directorate of National Mobilization of the Ministry of Defense. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| g. Mining-related services (CCP 883) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| h. Personnel placement and supply services (CCP 87201) (CCP 87202) (CCP 87203) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| i. Research and security services (CCP 87301), (CCP 87302), (CCP 87303), (CCP 87304) (CCP 87305) Except the services of armed private guards | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| j. Related services of consultants in science and technology (CCP 8675) | (1), (3) None; except: The representatives of legal or physical persons domiciled abroad who wish to conduct explorations to do work with scientific, technical or andineering purposes in the borderlands, they should apply for the corresponding authorization by means of a consul, of Chile, in the respective country, who shall immediately and directly refer it to the Directorate of Borders and Limits of the State of the Ministry of Foreign Affairs. The Direction of Borders and Limits of the State may have to be incorporated into the expedition one or more representatives of the pertinent Chilean activities in order to participate and to know the studies and their artistes. The Department of Operations of the State Directorate of Borders and Limits of the State shall inform the Direction about the desirability of authorising or reciting the geographical or scientific explorations that project to carry out foreign persons or bodies in the country. The National Direction of Borders and Limits of the State shall authorize all exploitation with scientific, technical or andineering purposes wishing to effect in borderlands legal persons or physical / natural persons, with a domicile abroad. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) and (3) None; except: Foreign physical / natural persons or foreign legal persons wishing to do research in the 200-mile maritime area under national jurisdiction, should obtain an authorisation from the Hydrographic Institute of the Armada of Chile under the respective regulation. For such purposes, they should submit a request at least six months prior to the date on which the research is intended to begin. The Direction of Borders and Limits of the State may have to be incorporated into the expedition one or more representatives of the pertinent Chilean activities in order to participate and to know the studies and their artistes. The Operations Department of the State Border and Limits of the State shall inform the Direction about the desirability of authorizing or rejecting the geographical or scientific explorations that project to carry out foreign persons or bodies in the country. The National Direction of Borders and Limits of the State shall authorize all exploitation with scientific, technical or andineering purposes wishing to effect in borderlands legal persons or physical / natural persons, with a domicile abroad. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| k. Maintenance and repair services of equipment (excluding vessels, aircraft and too much transport equipment) (CCP 633) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| l. Building cleaning services (CCP 874) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| m. Photographic services (CCP 875) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| n. Packaging services (CCP 876) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| o. Editorial and press services (CCP 88442) | (3) None except: Any newspaper, magazine, or periodical written with editorial address in Chile is expected to have a responsible director and a person who replaces him, who are expected to be Chilean nationals, with a domicile and residence in Chile. The owner of any newspaper, magazine, or periodical written with editorial address in Chile, or national news agency must be Chilean, with a domicile and residence in Chile. If the owner is a legal person or a community, it will be considered Chilean if 85% percent of the social capital or rights in the community belong to physical / natural persons or Chilean legal persons. For these purposes, a Chilean legal person is an entity with 85% percent of its capital in power of Chileans. (1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (3) None except: Any newspaper, magazine, or periodical written with editorial address in Chile should have a responsible director and a person who replaces it, who are expected to chilean national, with domicile and residence in Chile. The owner of any newspaper, magazine, or periodical written with editorial address in Chile, or national news agency, is expected to be Chilean with a domicile and residence in Chile. If the owner is a legal person or a community, it will be considered Chilean if the 85% percent of the social capital or rights in the community belongs to physical / natural persons or Chilean legal persons. For these purposes, a Chilean legal person is an entity with 85% percent of its capital in power of Chileans. (1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| p. Services provided on the occasion of assemblies or conventions | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| q. Urban Planning Services and Landscape Architecture (CCP 8674) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| r. Repair services of elaborate metal products (exclusive machineries and equipment (CCP 8861) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 2. SERVICES RELATED TO COMMUNICATIONS | |||
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| A. Postal and postal services Services concerning the dispatch of matching objectives according to the following list of sub-sectors, for national or foreign destinations: i) Dispatch of written communications with specific recipient in any kind of physical medium, included:-the hybrid postal service;-direct mail. ii) Dispatch of packages and volumes with specific recipient iii) Dispatch of journalistic products with specific recipient iv) Dispatch of the goals mentioned in points (i) to (iii) as a certified or guaranteed mail v) Urgent Dispatch services of the objects mentioned in points (i) to (iii) vi) Dispatch of objects without specific recipient vii) other services not specified elsewhere | (1), (3), (3)-None, except that, according to the Supreme Decree No 5037, of November 4, 1960, of the Ministry of the Interior and with the Decree with force of Law N 10, of January 30, 1982, of the Ministry of Transportation and Telecommunications or with the standards that replace them, the State of Chile will be able to exercise, through the Chile Post Company, the monopoly for the admission, transportation and delivery of the national and international matching objectives. They are called matching objects, the letters, simple postcards and with paid response, business papers, newspapers and printouts of any kind, understood in the embossed prints for the use of the blind, samples of merchandise, small packets up to a kilogram and phonoposals. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. Leased private circuits |
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| a. Telephone services b. Transmission of c data. Electronic mail | (1) and (2) Non-consolidated (3) Conditioned to the granting of limited (4) Non-consolidated services, except the nominee in the horizontal section. | (1) and (2) Non-consolidated (3) Conditioned to the granting of limited services 4) Non-consolidated, except for the indicated in the horizontal section. |
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| C. Telecommunication services |
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| BASIC TELECOMMUNICATION SERVICES: Telecommunications services consist of the transport of electromagnetic signals (sound, data, picture and any combination of these) regardless of the type of technology employed. This definition does not cover the consistent economic activity in the provision of a service whose content requires the use of telecommunications services for its transportation. The provision of a service whose contents are carried through telecommunications services, is subject to the terms and conditions set forth in the list of specific commitments signed by Chile in that sector, subsector or activity. The list of commitments excludes local basic telecommunication services. It includes only basic telecommunications services, long national and international distance: | In the case of private services whose aim is to satisfy needs specific telecommunications of certain companies, entities or persons previously agreed upon with these, their provision does not give access to traffic from or to the users of the public telecommunications networks. |
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| a. Telephone services (CCP 7521) b. Data transmission services with packet switching (CCP 7523 * *) c. Data transmission services with circuitry switching (CCP 7523 * *) d. Telex services (CCP 7523 * *) and. Telegraph services (CCP 7522) f. Facsimile services (CCP 7521 * * + 7529 * *) g. Rented private circuit services (CCP 7522 * * + 7523 * *) | (1), (2) and (3) None except: Subject to a grant, a license, or an authorization bestoed by the Subsecretariat of Telecommunications. The maritime and aeronautical telecommunications services will be authorized, installed, operated and controlled by the Armada of Chile and the General Directorate of Civil Aeronautics, respectively. The provider of the long-distance telephone service (national and international) must be constituted as an open anonymous society. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2) and (3) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| h. Electronic mail | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| i. Voicemail | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| j. In-line information extraction and databases | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| k. Electronic data exchange services (IED) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| l. Enlarged / value-added facsimile services, included storage and retransmission systems and those for storage and retrieval | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| m. Conversion of codes and protocols | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| n. Data processing and / or online information (with inclusion of transaction processing) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| o. Additional value services | (1) None, except conditioned to a traffic exchange convenium among network explorers (corresponding with a service concessionaire international). (2) Non-consolidated (3) None except conditioned on obtaining a license. Contract with public service concessionaire. Complimentary service authorization of the Telecommunications Subsecretariat. (4) Non-consolidated, except the indicated in the horizontal section. | (1) and (3) None (2) Non-consolidated (4) Non-consolidated, except the indicated in the horizontal section. |
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| p. Other | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 3. CONSTRUCTION SERVICES and RELATED engineering services (CCP 511 al 518) | (1), (2) (3) Non-consolidated, except that the criteria in paragraph two of Article IV, concerning access to markets, will be applied on the basis of the national (4) Non-consolidated treatment, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 4. DISTRIBUTION SERVICES |
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| A. Commissioning services (CCP 621) (CCP 6111) (CCP 6113) (CCP 6121) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. Wholesale commercial services (CCP 622) (CCP 61111) (CCP 6113) (CCP 6121) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| C. Retail commercial services (CCP 631) (CCP 632) (CCP 61112) (CCP 6113) (CCP 613) (CCP 613) (CCP 613) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| D. Franchise services (CCP 8929) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| E. Other | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 5. SERVICES RELATED TO THE ENVIRONMENT (CCP 940) | (1) and (3) Non-consolidated, (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 6. TRAVEL SERVICES and TRAVEL-RELATED SERVICES |
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| A. Hotels and restaurants (included overseas food sourcing services by contract) (CCP 641) (CCP 642) (CCP 643) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. Travel agency services and group travel organization (CCP 7471) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| C. Tourism guidebook services (CCP 7472) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. [ | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| 7. ENTERTAINMENT, CULTURAL, AND SPORTS SERVICES |
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| A. Spectacle services (included those of theatre, bands and orchestras, and circuses) (CCP 9619) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. News agency services (CCP 962) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| C. Services of libraries, archives, museums and other cultural services (CCP 963) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| D. Sports services and other entertainment services (CCP 9641) (CCP 96491) | (1), (2), (3) None, except the specific types of legal persons that may be required for the sports organizations that develop professional activities. Applying, still, the principle of National Treatment: i) will not be able to participate with more than one team in the same category of a sports competition, ii) will be able to set themselves standards to avoid the concentration of the ownership of sports societies, iii) a minimum capital may be required to operate. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| E. Audio-visual Services |
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| a. Promotion and advertising services (CCP 96111) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Film distribution services or video tapes (CCP 96113) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| F. Teaching services (CCP 92): |
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| a. Post-secondary technical and vocational education services (CCP 9231) | (1) and (2), None (3) Non-consolidated, (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Adult education services n.c.p. (CCP 924) | (1) and (2), None (3) Non-consolidated, (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| G. Environment Protective Services |
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| a. Exhaust gas cleansing services (CCP 9404) | (1), (2), (3) No (4) Non-consolidated except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Noise-fighting services (CCP 9405) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Nature and landscape protection services (CCP 9406) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| G. Others (CCP 96499) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) and (2) None (3) People who have weapons, explosives or analogous substances should apply for their enrollment before the supervising authority corresponding to their Domicile, and this authority shall submit them for control, for whose effects a solicitation addressed to the General Directorate of National Mobilization of the Ministry of Defence should be submitted. (4) Non-consolidated, except the indicated in the horizontal section. |
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| 8. TRANSPORT SERVICES |
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| A. Maritime transport services (CCP 721) to. Transport of passengers (CCP 7211) b. Transport of cargo (CCP 7212) Charting and discharge services (CCP 741) (CCP 742) c. Rental of vessels with crew d. Maintenance and repair of vessels (CCP 8868 * *) and. Towing and traction services (CCP 72140) f. Support services related to shipping (CCP 745) g) Other loading and unloading services (CCP 7419) h) Other complementary and ancillary transport services. (CCP 74590) | (3) (a) Establishment of a registered company to exploit a fleet under the flag of Chile: Non-consolidated, (b) Other forms of commercial presence for the provision of international shipping services (defined as a continuation): None, except: only a Chilean natural or legal person can register a ship in Chile. A legal person should be constituted with a main domicile and actual and effective headquarters in Chile, being its chairman, manager, and most of the directors or administrators physical / natural Chilean persons. In addition, more than 50% percent of its social capital should be in the hands of physical / natural people or Chilean legal persons. For these purposes, a legal person who has a stake in another legal person, owner of a ship, must comply with all the requirements before mentioned. A community can register a ship if most people are Chilean nationals with a domicile and residence in Chile, the administrators must be Chilean national and the majority of rights in the community must belong to physical / natural persons or Chilean legal persons. For these purposes, a legal person who is a part of the community in the field of a ship, shall comply with all the requirements before mentioned. To hoist the national pavilion, it is necessary for the captain of the ship, his officers and crew to be Chilean nationals. Notwithstanding, the General Directorate of the Maritime Territory and the Merchant Navy, by reasoned resolution, and in a transitional manner, may authorize the hiring of foreign personnel when this is indispensable, except the captain, who will always be Chilean national. | (3) (a) establishment of a registered company to explore a fleet under the Chile pavilion: Non-consolidated; and (b) other forms of commercial presence for the provision of international shipping services (defined as a continuation): None, except: Special ships, owned by physical / natural persons or foreign legal domicilies domiciled in Chile may, under certain conditions, be registered in the country. For these purposes, a special ship does not include a fishing vessel. The conditions required to register special ships owned by foreigners are as follows: domicile in Chile, with main seat of your business in the country or that exercise some profession or industry, permanently in Chile. The maritime authority may, for reasons of national security, impose on these vessels special restrictive standards of its operations. Foreign vessels should use piloting, anchoring and port piloting services when the maritime authorities request it. In towing tasks or other maneuvers in Chilean ports will only be able to be used Chilean pavilion tugs. To be captain it is necessary to be Chilean national and to possess the title of such a goldbent by the corresponding authority. To be an officer of national ships it is necessary to be Chilean national and be enrolled in the Officers Registry. To be a crewmember of national vessels it is necessary to be a Chilean national, to possess tuition or licence bestowned by the Maritime Authority and to be enrolled in the respective Registry. The professional titles and licences heard in foreign country will be valid to exercise as an officer on national vessels when the Director General of the Maritime Territory and the Merchant Navy disposes him by reasoned resolution. |
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| B. Transport by inland waterways (CCP 722) to. Transport of passengers (CCP 7221) b. Transport of cargo (CCP 7222) (c) loading and unloading services (CCP 741), (CCP 742) d. Rental of vessels with crew and. Maintenance and repair of vessels f. Towing and traction services (CCP 72240) g. Support services related to shipping (CCP 745) h) Other loading and unloading services (CCP 7419) i) Other complementary and ancillary transport services. (CCP 74590) | To exercise as a multimodal operator in Chile it will be necessary to be a Chilean natural person or legal person. The cabotage is reserved for the Chilean ships. It shall be understood by such means the shipping, fluvial or lacustre transport of passengers and cargo between points of the national territory and between these and naval artifacts installed in the territorial sea or the exclusive economic zone. Foreign merchant ships will be able to participate in cabotage when it comes to cargo volumes in excess of 900 tonnes, prior public bidding effected by the user, summoned with due anticipation. When it comes to cargo volumes equal to or less than 900 tonnes and there is no availability of vessels under Chilean pavilion, the Maritime Authority shall authorise the shipment of such loads on foreign merchant vessels. The booking of cabotage to Chilean vessels shall not be applicable in the case of loads that come from or have to be bound for the ports of the Province of Arica. (1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | The pattern of ship must be Chilean national. The standard is the natural person who, with the title of such, bestoed by the Director General of the Maritime Territory and the Merchant Navy, is empowered for the mando of smaller ships and certain larger special ships. Only Chilean nationals or foreigners domiciled in the country will be able to exercise as fishing patrons, mechanics-drivers, drivers, fishermen, fishermen, employees or technical workers of industries or maritime trade and as crewmembers of industrial endowment and general services of factory or fishing vessels when they request the shipowners for being indispensable to the initial fishing organisation. They should be Chilean nationals the ship agents or the representatives of the operators, owners or ship captains, whether physical / natural persons or legal persons. They will also comply with this requirement the stowage and desstowal agents or quay companies, which are in full or partial manner the rear of the cargo between the ship and the harbour precincts or the means of land transport and vice versa. They should be, also Chilean legal or natural persons all those who land, transborder and generally make use of the continental or island Chilean ports, especially for fishing catches or catch-catch processed on board. 1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| C. Air transport services (CCP 734) (CCP 7469) | (3) National or foreign enterprises will be able to provide commercial airworthiness services as long as they meet the requirements of technical and insurance order. It corresponds to the Directorate General of Civil Aeronautics to control the first and the Board of Civil Aeronautics, the fulfilment of the insurance requirements. Only the physical / natural people or Chilean legal persons will be able to register an aircraft in Chile. Legal persons must be constituted in Chile with principal domicile and actual and effective headquarters in that country, and its president, manager and most directors or administrators must be Chilean nationals. Too much, most of your property must belong to physical / natural or Chilean legal persons, who in turn must comply with the previous requirements. However, the aeronautical authority will be able to permit the registration of aircraft belonging to physical / natural persons and foreign legal persons, provided that they have or have in the country any employment, profession uo permanent industry. Equal authorization may be granted with respect to foreign aircraft operated to any title, by Chilean aircraft companies | (3) The private aircraft of foreign matriculation will not be able to remain in Chile without authorization from the Directorate General of Civil Aeronautics, in addition to the deadline set by the regulation. Private foreign tuition aircraft carrying out planter towing activities and providing parachute services will not be able to remain in Chile without authorization from the Directorate General of Civil Aeronautics more than 30 days from its date of entry into the country. |
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| Foreign civil aircraft that develop commercial air transport activities in a non-regular manner and wish to enter the Chilean territory, included their jurisdictional waters, fly over or make scales in it without commercial purposes, should inform the General Directorate of Civil Aeronautics with a minimum anticipation of twenty-four hours to obtain the authorization. These aircraft will in no case be able to take up or leave passengers, cargo or mail in Chilean territory without prior authorization from the Civil Aeronautics Board. Foreign aeronautical personnel will be able to exercise their activities in Chile only if the license or the habilitation outorgada in another country is recognized by the civil aeronautical authority as valid in Chile. The lack of international convenium regulating such recognition, this will be effected under conditions of reciprocity and provided that it is demonstrated that the licences and qualifications were issued or convalidated by the competent authority in the aircraft's matriculation state, which are beholstered and that the requirements required to extend them or convalidate them are equal to or greater than those established in Chile for analogous cases. To work as a crewmember in aircraft operated by a Chilean air company, the foreign aeronautical personnel should obtain, in advance, a national licence with the relevant qualifications enabling them to perform their duties. 1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) and (2) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| a. Maintenance and repair of aircraft | (1) Non-consolidated (2) and (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) Non-consolidated (2) and (3) None (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Sale and marketing of air transport services | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) Non-consolidated in relation to the distribution upon computerized reservation systems of air transport services provided by the company matrix of the one providing the systems of reservations. (2) No (3) Non-consolidated, in the respect of distribution upon computerized reservation systems of air transport services provided by the company matrix of which provides the reservation systems. (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Services of computerized booking systems | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) Non-consolidated in respect to the obligations of the parent company matrix or participant in the computerized reservation systems, controlled by a transport company air of one or more third countries. (2) No (3) Non-consolidated, in respect of the obligations of the parent company matrix or participant in the computerized reservation systems, controlled by an air transport company of one or more third countries. (4) Non-consolidated, except the indicated in the horizontal section. |
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| D. Road transport services |
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| a. Passenger transport (CCP 71211) | (1), (2), (3) None, except for the international carriage by highway, as provided for in the Agreement on International Transport Terrestrial, adopted by Chile, Argentina, Bolivia, Brazil, Paraguay and Uruguay. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Transportation of cargo (CCP 7123) | (1), (2), (3) None, except in respect of international transportation by highway, as provided for in the Agreement on International Terrestrial Transportation, adopted by Chile, Argentina, Bolivia, Brazil, Paraguay and Uruguay. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Rental of commercial vehicles with driver (CCP 71222) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Maintenance and repair of road transport equipment (CCP 6112) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| e. Support services related to road transport services (CCP 7441) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| E. Transport services by tubes |
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| a. Transportation of fuels (CCP 7131) | (1), (2), (3) None, except that the service will be provided by legal persons established in accordance with Chilean law and that its supply may be subjected to a concession under conditions of national treatment. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Transportation of other products (CCP 7139) | 1), (2), (3) None, except that the service will be provided by legal persons established in accordance with Chilean law and that its supply may be subjected to a concession under conditions of national treatment. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| F. Ancillary services referring to all means of transport |
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| a. Loading and unloading services (CCP 748) (CCP 749) (CCP 741) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) None, excepting only Chilean nationals can perform tasks of agents and of aduan intermediates. (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Storage services (CCP 742) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Services of cargo transportation agencies (CCP 748) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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REPUBLIC OF PARAGUAY
Supply mode: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| HORIZONTAL APPOINTMENTS All services included in this list | 3) Commercial presence authorization will be bestoed to legal persons constituted as the National Legislation of Paraguay, with registered office and representation in Paraguayan territory, for the effects of their prerogatives and responsibilities. Land acquisition: Non-consolidated, in the respect of border areas. Companies constituted abroad: Societies constituted abroad have their domicile in the place where the main one of their business is. The establishments, agencies or branches constituted in the Republic consider themselves to be domiciled in it in regard to the acts here practiced, and shall comply with the obligations and formalities laid down for the type of society most similar to that of its constitution. To comply with the formalities mentioned, any society constituted abroad that wishes to exercise its activity on the national territory shall: (a) establish a representation with domicile in the country, in addition to private households derived from other legal causes; (b) believe that the corporation was constituted in accordance with the laws of his country; and (c) justifying, in the same way, the agreement or decision to set up the branch or representation, the capital that is bestowed upon him and the appointment of the representatives. This will be applied to corporations or corporations constituted in other states, although the type of society is not provided for in the national legislation. The society constituted abroad with a domicile in the Republic, or whose main purpose is destined to comply in it, shall be regarded as the local society for the purposes of fulfilling the formalities of constitution or its reform and surveillance, in his case. The representative of the society constituted abroad is authorized to carry out all the acts that that one can celebrate and to represent it in a judgement. 4) Non-consolidated, except for measures regarding the entry, stay and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: I. Businessmen: persons entering to carry out business, investments or market studies, as long as they do not receive remuneration in Paraguay, nor engage in direct sales of goods or services to the general public, nor do they provide them with the services themselves. They are unable to provide services in the country under contract of employment or civil that links them with a company radicalized in Paraguay. Duration of stay in national territory of 90 days extended for another 90 days. II. Intra-business transfer: employees of a company that carries out foreign direct investment in Paraguay, who have been employed in that company at least for a year immediately preceding their temporary entry into the national territory to continue providing services in that company or in a subsidiary of that company, as set out by national legislation in the matter. The category is limited to the following categories: a) Managers: persons within a company or organization that primarily are responsible for the functioning of a department or a subdivision. They supervise and control the work of other professional supervisors or managerial employers. They have the authority to hire or fire, recommend, hire to fire or other actions linked to the personnel area such as promotion or licences. They exercise discretionary authority in the daily activities. This exercise does not include first-line supervisors unless these employees are professionals, as neither includes the employees who, in a primary way, perform tasks necessary for the provision of the service; (b) Executives: persons within the organization who, in a primary manner, take the administration. They exercise a broad spectrum in decision making and receive only direction supervision from senior executive, directory, or shareholders. Do not directly develop tasks related to the provision of the organization's (s) service (s); (c) Experts: people within a company or organization who possess knowledge of advanced level of professionality and those who possess knowledge derived from the owner of the service organization, from research techniques in equipment or management. III Apowerhouses of foreign companies: persons who, in character of judicial depositories, of companies established abroad, enter Paraguay only to carry out business, investments or market studies; receive their remuneration from abroad, cannot provide services in the country under contract of employment or civil that links them with a company radicalized in Paraguay. Duration of stay: 90 extended days, on national territory, for another 90 days. | 3) Booking the right to establish special stock arrangements (such as retention of the?gold stocks?) and outwit preferences for the purchase of shares to the employees of the state-owned enterprise subject to privatization. The central office located abroad should pay a tax for the tax benefits approved by the branches, agencies or establishments located in the corresponding country at a rate of 15% (15%). 4) Non-consolidated, except for measures regarding the entry, stay and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the categories indicated in the market access column. Legal representative the legal representative of a company is the person who takes on the emerging administrative, criminal, civil and commercial responsibilities of the provision of services of the company. Must have permanent residence. |
|
REPUBLIC OF PARAGUAY
Mode of Supply: 1) Cross-border Presence 2) Consumption Abroad 3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitation to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| 1. SERVICES PROVIDED TO COMPANIES | |||
| 1.A. PROFESSIONAL SERVICES | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, | Una time promulgated the Professional Exercise Act if it determines the limitations to TN or AM, should they exist. | |
| 1.B. COMPUTER SERVICES AND RELATED SERVICES | |||
| Computer services and related services.(CCP 84), except for?timestamping? (nd) and certification and digital signature | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 1.D. REAL ESTATE SERVICES | |||
| a) Real estate services relating to own or rented property (CCP 821) | 1) Non-consolidated 2) No 3) Not consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Real estate services by commission or by contract (CCP 822) | 1) Non-consolidated 2) None 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 1.E. LEASING OR RENTAL SERVICES WITHOUT LABORERS | |||
| a) Ship-free ship rental services (CCP 83103) | 1) Non-consolidated 2) Not consolidated 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. Only in case of insufficiency of cellars, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage that does not surpass that of their own Paraguayan flag fleet. Vessels rented or chartered by domestic shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Navy Directorate No. 4) Non-consolidated except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The majority of the capital of the owning companies of domestic vessels must belong to Paraguayan physical or legal persons or be the capital incorporated into the country, as with the laws governing the incorporation of foreign capitals. It is reserved for national flag ships, the total sea and river transport of the import and export cargo. 4) Non-consolidated, except for the nominee in the horizontal section. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Provision transfronteiriça2) Consumption in the Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitation to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| 1.F other SERVICES PROVIDED TO COMPANIES | |||
| k. Personnel placement and supply services (CCP 872) | 1) Non-consolidated 2) No 3) Non-consolidated, 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| n. Maintenance and repair services for equipment (excluding vessels, aircraft and other transport equipment) (CCP 633 + 8866) | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| The buildings cleaning services (CCP 874) | 1) Non-consolidated 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| q. Packaging services (CCP 876) | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| s. Services provided on the occasion of assemblies or conventions (CCP 87909) * | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the nominee in the section horizontal. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 2. COMMUNICATIONS SERVICES | |||
| 2.C TELECOMMUNICATION SERVICES | |||
| The commitments contracted in the present sector are subject to the following general conditions: 1. Each telecommunications service that is provided in Paraguay will require a governmental license bestowned by CONATEL and upon a non-discriminatory transparent procedure. 2. The licences mentioned in the preceding paragraph shall be granted exclusively to legal persons (Anonymous Corporations or Limited Liability Corporations) as per the national legislation of Paraguay, with registered office and representation in the Paraguayan territory. National participation in the minimum social capital is 50%. 3. The ground stations of the service provider are to be installed and maintained by companies and professionals registered in CONATEL. 4. This list refers to the transportation of the data and / or information, and not to the content of the data and / or information carried. 5.-The professionals and companies that provide project services, assemblies, equipment and maintenance in the sectors and subsectors in those that are made commitments must register in CONATEL, as per the legislation in force. | |||
REPUBLIC OF PARAGUAY
Mode of Supply: 1) Transboundary gift 2) Consumption in Exterior 3) Commercial presence 4) Move physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to National Treatment | Additional Appointments |
| h. Electronic mail (CCP 7523) i. Voice mail (CCP7523) j. Extracting online and database information (CCP 7523) k. IED data electronic exchange services (CCP 7523 l. Enlarged / value-added facsimile services, included storage and retransmission and storage and retrieval services (CCP 7523) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay and work of natural persons with temporary contract with companies undertaking foreign direct investment, in the following categories: managers, executives, and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives, and specialists. |
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| o. Other 0.1 Mobile Cellular Service (CCP n.d.) | 1) Non-consolidated 2) Non-consolidated 3) None The system lend itself in duopolic modality, being intended for the spectrum available in all exploration areas. For now there is no more availability of frequencies. 4) Non-consolidated, except for measures regarding the ingress, permanence and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with contract temporary with companies that carry out foreign direct investment, in the following categories: managers, executives and specialists. | I. Interconnection with public telecommunication networks and services will be guaranteed. II. General conditions applicable to the interconnection with public networks and services will be made public. |
| 0.2 Personal Communications (CCP n.d.) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the ingress, permanence, and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives, and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies holding foreign direct investment, in the following categories: managers, executives and specialists. | I. Interconnection with public telecommunication networks and services will be guaranteed. II. General conditions applicable to the interconnection with public networks and services will be made public. |
| 0.3 Radio-search Services (CCP n.d.) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives, and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies holding foreign direct investment, in the following categories: managers, executives and specialists. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Delivery Mode: 1) Consumption in Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| 0.4 Concentration enlaces (Trunking) (CC n.d.) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives, and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies holding foreign direct investment, in the following categories: managers, executives and specialists. |
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| 4. DISTRIBUTION SERVICES Will be applied to policy, legislation and competency measures that match | |||
| B. Wholesale trade (CCP 622) With the exclusion of CCP 62271 | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| C. Retail trade (CCP 631, 632, 6111, 6113, 6121), excluding CCP 63297 | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except the one indicated in the horizontal section. | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| D.? Franchising? (CCP 8929) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 5. EDUCATIONAL SERVICES Excluded the teaching services provided by the Government, as well as grants heard by the same at the central, departmental and local level. | |||
| A.-Primary school services CCP 921 | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| B.-Secondary education services (CCP 922) | 1) Non-consolidated 2) No 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) No 3) Not consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Provision transfronteiriça2) Consumption in Exterior3) Commercial Presence 4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| 6. SERVICES RELATED TO THE ENVIRONMENT The services deemed to be of public interest or public services at the national, regional or local level are subject to public monopoly or are bestowned exclusive rights of exploitation to private companies, and are therefore excluded from this list. | |||
| A. services by sewage system (CCP 9401) | 1) Non-consolidated 2) Non-consolidated 3) It is a monopoly of the ESSAP Public Company. In municipalities not covered by ESSAP, it is a faculty of the municipalities, which can be operated directly or outwards in concession, as per the municipal legislation and conditions approved by the Municipal Board in each case. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| B Waste disposal services (CCP 9402) | 1) Non-consolidated 2) Non-consolidated 3) It is a faculty of the municipalities, which can be explored, in a direct way, or outwards in concession, as per the municipal legislation and conditions approved by the Municipal Prefecture in each case. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| C Sanitation services and similar services (CCP 9403) | 1) Non-consolidated 2) No consolidated 3) It is a faculty of the municipalities, which can be explored, in a direct way, or outored in concession, as per the municipal legislation and conditions approved by Municipal Prefecture in each case .. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| XX_ENCODE_CASE_CAPS_LOCK_On exhaust gas cleaning services (CCP 9404) | 1) Non-consolidated 2) Non-consolidated 3) It is a faculty of the municipalities, which can be explored, in a direct way, or outored in concession, as per the municipal legislation and conditions approved by the Municipal Town Hall in each case. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 8. SOCIAL SERVICES and OF SALUD Excluded the social and health services provided by the Government, as well as grants heard by the same at the central, departmental and local level. | |||
| Hospital Services (CCP 9311) | 1) Non-consolidated 2) No 3) Not consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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Mode of Supply: 1) Delivery Mode transfronteiriça2) Consumption in Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to the National Treatment | Additional Appointments |
| 9. TOURISM SERVICES | |||
| A.-Hotels and restaurants (CCP 641-643) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| B. 1 Services of travel agencies and organization of group travel (CCP 7471) | 1) None 2) No 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) Not consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| B. 2 Services of travel agencies and group travel organization of receptive tour operators. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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C.-Tourist guides services (CCP 7472) 1) None
2) None
3) None
4) Non-consolidated, except for the nominee in section horizontal.1) None
2) None
3) None
| 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 11. TRANSPORT SERVICES | |||
| 11.A. SHIPPING SERVICES IS reserved for national flag vessels the total shipping and shipping cargo of the import and export cargo. Only in the event of insufficiency of cellars, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding their own Paraguayan flag fleet. Vessels rented or chartered by national shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Merchant Marine Directorate. | |||
| a.-Transport of passengers (CCP 7211) | 1) Non-consolidated 2) No 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) No 3) The majority of the capital of the owning companies of national vessels must belong to Paraguayan physical or legal persons or be incorporated to the country, as with the laws governing the incorporation of foreign capitals. 4) Non-consolidated, except for the nominee in the horizontal section. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Provision transfronteiriça2) Consumption in the Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitation to the Access to Markets | Limitations to National Treatment | Additional Compromtions |
| b.-Charload transport (CCP 7212) | 1) Non-consolidated 2) Non-consolidated 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. Only when the cellars are insufficient, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding that of their own Paraguayan flag fleet. Vessels rented or chartered by domestic shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Navy Directorate No. 4) Non-consolidated except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| c.-Rental of vessels with crew (CCP 7213) | 1) Non-consolidated 2) Non-consolidated, 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. Only when the cellars are insufficient, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding that of their own Paraguayan flag fleet. Vessels rented or chartered by domestic shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Navy Directorate No. 4) Non-consolidated except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 11.B. TRANSPORT SERVICES BY INLAND WATERWAYS IS reserved for national flag vessels the total shipping and river transport of the import and export cargo. Only in the event of insufficiency of cellars, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding their own Paraguayan flag fleet. Vessels rented or chartered by national shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Merchant Marine Directorate. | |||
| a.-Transport of passengers (CCP 7221) | 1) Non-consolidated 2) No 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) No 3) The majority of the capital of the owning companies of national vessels must belong to Paraguayan physical or legal persons or be incorporated to the country, as with the laws governing the incorporation of foreign capitals. 4) Non-consolidated, exceot by the nominee in the horizontal session |
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| b.-Charload transport (CCP 7222) | 1) Non-consolidated 2) Non-consolidated 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. Only when the cellars are insufficient, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding that of their own Paraguayan flag fleet. Vessels rented or chartered by domestic shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Navy Directorate No. 4) Non-consolidated except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The majority of the capital of the owning companies of domestic vessels must belong to Paraguayan physical or legal persons or have the capital incorporated into the country, as per the laws that rejam the incorporation of foreign capitals. It is reserved for national flag ships, the total of the shipping and shipping cargo from the import and export cargo. 4) Non-consolidated, except for the nominee in the horizontal section. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Provision transfronteiriça2) Consumption in the Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitation to the Access to Markets | Limitations to National Treatment | Additional Compromtions |
| c.-Rental of vessels with crew (CCP 7223) | 1), 2), 3) Local transport is reserved for national companies. It is not allowed to cabotage. National operating companies should be radicalized in the national territory and constituted under the laws of the Republic | 1), 2), and 3) The authorities reserve the right to establish taxes and differential tariffs in favor of the transpodors and local transport companies, with conditions of reciprocity. |
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| 11.F. ROAD TRANSPORT SERVICES |
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| |
| aTransport of passengers (CCP 7121 + 7122) | 1) Non-consolidated 2) No 3) Non-consolidated. The granting and authorization for these services is attribution of the Prefectures, within the municipal area and of SETAMA when it affects more than one Prefecture. The outwing of licences is discretionary and may be limited. Domestic operating companies are expected to be radicalized in the national territory and constituted under the laws of the nation. The company's constitution document is expected to include as an objective the exploration of the ride-hailing service. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) No 3) Non-consolidated. The granting and authorization for these services is attribution of the Prefectures, within the municipal area and of SETAMA when it affects more than one Prefecture. The outwing of licences is discretionary and may be limited. Domestic operating companies are expected to be radicalized in the national territory and constituted under the laws of the nation. The company's constitution document shall include as an objective the holding of the passenger transport service .. 4) Non-consolidated, except for the indicated in the horizontal section. |
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| a1. International passenger transport Services of international passenger transport in the framework of ATTIT. Except urban international lines in border zones governed by bilateral convents under the principality of reciprocity. | 1) and 3) More than half of the social capital and the effective control of the international transport company, must be in power of natural or naturalized citizens of the ATIT Part that outorts the originating license. Physical and legal persons must possess real domicile in the country that bestows the originary licence. 1) Local transport is reserved for local companies. 2) No. 4) Every crew member of an international terrestrial, natural, naturalized or foreign transport medium, legal resident of any of the Parties to the ATIT, will be able to enter the territory of the other Parties, with the Ground Crew's Portfolio. Physical persons should possess real domicile in the country that outwits the originating license | 1) and 3) More than half of the social capital and the effective control of the transport company international, must be in power of natural or naturalized citizens of the Part of the ATIT that bestows the originating license. Physical and legal persons must possess real domicile in the country that bestows the originary licence. 1) Local transport is reserved for local companies. (2) No 4) Every crew member of an international terrestrial, natural, naturalized or foreign transport medium, legal resident of any of the Parties to the ATIT, shall be able to enter the territory of the other Parties, munched from the Land Crewning Portfolio. Physical persons should have real domicile in the country that outorates the originating license |
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| b. Transport of cargo (CCP 7212) | 1) Local transport is reserved to domestic companies. 2) Vehicles must be enabled as the provisions of the ATTIT. 3) More than half of the social capital and the effective control of the company, will be in power of paraguaires. Domestic operating companies are expected to be radicalized in the national territory and constituted under the laws of the nation. The company's constitution document is expected to include as an objective the exploration of the cargo transportation service in general. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Local transport this reserved to domestic companies 2) Vehicles must be enabled as per the provisions of ATTIT 3) More than half of the social capital and the effective control of the company, they will be in power of paraguaires. Domestic operating companies are expected to be radicalized in the national territory and constituted under the laws of the nation. More than half of the social capital and the effective control of the company must be in power of natural or naturalized citizens of the party who bestows the license originating 4) Non-consolidated, except for the nominee in the horizontal section. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4 Presence of Physical People
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| ALL OF THE SERVICES INCLUDED IN THIS LIST | 4. Non-consolidated, except for measures regarding the entry and temporary stay for the following categories of natural persons: I. Personnel transferred within the same company: Employees of a company established in territory of Chile temporarily transferred to the provision of a service upon commercial presence in Uruguayan territory: i) Managers: persons in charge of the direction of the organization or some of its departments or subdivisions and supervise and control the work of other supervisors, directives or professionals. It has the authority to hire or fire, recommend or dismiss or other actions linked to the personnel area such as promotion or license. They exercise discretionary authority in the daily activities. This exercise does not include first line supervisors (first line supervisors) unless those employees are professionals, as also does not include employees who, in a primary manner, perform the tasks required for the provision of the service. ii) Executives: persons in charge, fundamentally, of the management of the organization and have ample freedom of action to make decisions. They receive only supervision from direction of high executive levels, from the directory or from the shareholders. They do not develop, in a direct way, tasks related to the provision of the organization's (s) service. iii) Specialists: persons who possess expertise from an advanced level essential for the provision of the service and / or possess private domain knowledge of the organization, its techniques, research or organization management equipment, including the consultants in computer systems and programs and the consultants in installation of informatics equipment Duration of the stay of managers, executives and specialists: two years extended by equal period. II.Persons of Business: 1) Representatives of a service provider who are temporarily entering the territory of Uruguay to conclude agreements for sale of such services to that service provider, and / or 2) Employees of a legal person entering Uruguay to establish a commercial presence of that legal person in the Uruguayan territory or to conduct market studies for that service provider. | 4. Non-consolidated, except for measures regarding the categories of natural persons mentioned in Access to Markets |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments
Gift modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4 Presence of Physical People
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
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| a) The representatives of these service providers or the employees of these legal persons will not participate in direct sales to the public nor will provide the same services. b) Refers solely to the employees of a legal person who does not have the commercial presence in Uruguay. c) These representatives or employees will not receive any remuneration from sources located in Uruguay. Duration of stay: 90 days extended on national territory for an additional 90 days. III. Providers of services by contract-Employees of legal persons. The employees of a company established in Chile who enter, in a temporary way, in Uruguayan territory to provide a service, according to one or several contracts concluded between their employer and one or several consumers of the service in the Uruguayan territory. a) Limits to the employees of established companies abroad who lack a commercial presence in Uruguay. b) The legal person has obtained a contract for the provision of a service in the Uruguayan territory. c) The employees of these companies established abroad receive their remuneration from their employer. d) Employees possess academic and other appropriate qualifications for the provision of the service. Stay deadlines: persons who have obtained a contract or an invitation that specifies the activity to be developed and, should it correspond, the remuneration you will receive abroad, may join and stay in Uruguayan territory for 15 days extended for 15 more days. Persons who have obtained a contract or lease of services or work and who join to provide services to a natural or legal person, radicalized in Uruguay, may join and stay in the Uruguayan territory for an extended year for an equal period indefinitely, while it lasts for their condition as a contract worker. IV. Professionals and Specialized Technicians: Natural persons joining Uruguay, for limited periods of time to provide or develop activities linked to their profession and specialty, under contract between them and a client located in the country: scientific, researchers, lecturers, professionals, academics, technicians, journalists, sportsmen and artists. 1. The physical person provides the service as an autonomous worker; 2. The physical person has obtained a service contract in Uruguay; |
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EASTERN REPUBLIC OF URUGUAY
List of specific appointments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
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| 3. If you receive a remuneration for the contract, the same will be paid, solely, to the physical person. 4. The physical person possesses the academic and other type of qualifications, suitable for the provision of the service. Duration of stay: persons who have obtained a contract or leasing of services or works and who enter to provide services to a natural or legal person radicalized in Uruguay may remain up to two years, extended for equal period. V. Representatives of Foreign Companies: (a) People who enter the country in character of judicial depository of foreign companies, for limited periods of time, hired between their employer and a customer domiciled in Uruguay, where the employer does not have a branch, receive their remuneration from abroad. b) People who enter Uruguay for being necessary their presence in the country for the requirements of outoring of licences to be fulfilled or?franchising?. Duration of stay: an extended year for equal periods while last for your condition as a company representative. |
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| 1. SERVICES PROVIDED TO COMPANIES |
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| A. Professional Services | For the provision of professional services it is necessary for physical persons to possess the recognized title recognized in Uruguay, and fix legal domicile in the country. The Uruguayan authorities will regulate the exercise of these professions in the future. The legal domicile does not imply residency in Uruguay |
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| a. Legal Services 861 except 86130 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section and in the note in Professional Services |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4 Presence of Physical People
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| II. SPECIFIC APPOINTMENTS SETORIALES | |||
| a. Legal documentation and certification services 86130 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. Not consolidated. It is necessary for natural or legal citizenship with 2 years for the least of the exercise of it. It is necessary residence in the country. 2. No 3. Not consolidated. It is necessary for natural or legal citizenship with 2 years for the least of the exercise of it. It is necessary residence in the country. 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
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| b. Accounting services, auditing and bookkeeping-books 862 | 1.No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services. |
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| c. Tributary Advisory Services 863 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
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| d. Architecture Services 8671 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| e. Engineering Services 8672 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services. |
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| g. Urban Planning and Landscape Architecture Services 8674 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
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| h. Medical Services and Dentars 9312 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section and in the note in Professional Services |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
|
| LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| i. Veterinary Services 932 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
|
| j. Services provided by midwives, nurses, physiotherapists and paramedical staff 93191 | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
|
| B. Informatics and Services Condices CCP 84 services, except for?team-stamping? (n.d), digital certification (n.d) and others (CCP 849) | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in horizontal commitments. |
|
| C. Research and Development Services |
| Grants for research and development are available only to the national providers. |
|
| a. Research and Development Services of Natural Sciences 851 It does not include scientific and technical research in the territorial sea, the exclusive economic zone and the continental shelf of Uruguay. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| b. Social Sciences Research and Development Services and the Humanities 852 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| c. Interdisciplinary Research and Development Services 853 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical People
|
|
LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| D. Real Estate Services |
|
|
|
| a. Real Estate Services relating to own or leased roots 8210 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| b. Real Estate Services by commission or by contract 8220 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| E. Services by rental without laborers |
|
|
|
| b. Services for the rental of aircraft without crew 83104 | 1. Should it be a condo, the domicile requirement should be checked against 51% of the value of the aircraft. 2. No 3. Should it be a condo, the domicile requirement should be checked against 51% of the value of the aircraft. 4. Non-consolidated, except for the indicated in the horizontal section. | 1) The owners of aircraft, to apply for matriculation of them, should be domiciled in the Republic. Without prejudice to the indicated domiciliary requirement, aircraft of domestic companies should have Uruguayan matriculation. However, exceptionally, in order to guarantee the provision of the services or for reasons of national convenience, the aeronautical authority will be able to allow the use of foreign tuition aircraft. In the domestic aircraft shall only be able to perform duties on Uruguayan citizens, unless expressly provided otherwise by the competent authority. 2) No 3) The owners of aircraft, to apply for matriculation of them, should be domiciled in the Republic. Without prejudice to the indicated domiciliary requirement, aircraft of domestic companies should have Uruguayan matriculation. However, exceptionally, in order to guarantee the provision of the services or for reasons of national convenience, the aeronautical authority will be able to allow the use of foreign tuition aircraft. In the domestic aircraft shall only be able to perform duties on Uruguayan citizens, unless expressly provided otherwise by the competent authority. 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| c. Services by the rent of another means of transport without personnel Services by the rental of private cars without driver 83101-83102 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in horizontal commitments. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| d. Services for the rental of another type of machinery and equipment without laborers 83106/83109 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. |
|
| e. Other 832 Services for the rental of personal effects and household utensils 832 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. |
|
| F. Other Services Provided to Companies | |||
| a. Advertising Services 871 | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. |
|
| b. Markets Research Services and Public Opinion Research 864 | 1) No 2) No 3) No 4). Non-consolidated, except for the indicated in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section .. |
|
| c. Services of Consultants in Administration 865 | 1). No 2). No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. |
|
| d. Services related to those of Consultants in Administration 866 | 1). No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal. section, except for the indicated in the horizontal section. |
|
| e. Test services and technical analysis 8676 | 1 and 3 A provision of these activities is potestad of the Executive Power and / or Departmental Prefectures, the cases said, which may be delegated once adhered to the conformity assessment procedures 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1, and 3 A provision of these activities is facualty of the Executive Power and / or Departmental Prefectures, according to the cases, which could be delegated once the procedures are met of conformity assessment. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| h. Services related to mining 883-5115 | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| i. Services related to Manufacturing 884-885 (except for those understood in position 88442) | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| k. Placement and Supply Services 872 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| l. Research and security services 873 | 1. Companies and individual security providers who wish to perform these services should obtain the prior authorization of the Ministry of the Interior and sign up to the Registry of Companies and Security Providers that works in the orbit of that Ministry. Requirement of domicile or legal residence in the country. 2. No 3. Companies and individual security providers who wish to perform these services should obtain the prior authorization of the Ministry of the Interior and sign up to the Registry of Companies and Security Providers that works in the orbit of that Ministry. Requirement of domicile or legal residence in country 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Companies and individual security providers who wish to perform these services should obtain the prior authorization heard by the Ministry of the Interior and sign up to the Registry of Companies and Security Contractors that works in the orbit of that Ministry. Requirement of Household or legal residence in the country. 2. No 3. Companies and individual security providers who wish to perform these services should obtain the prior authorization of the Ministry of the Interior and sign up to the Registry of Companies and Security Providers that works in the orbit of that Ministry. Requirement of domicile or legal residence in country 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| n. Maintenance and repair services for equipment (excluding vessels, aircraft and other transport equipment) 633-8861-8866 | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| o. Building cleaning services 874 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in horizontal commitments. |
|
| p. Photo services 875, except 87504 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| q. Packaged services 876 | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical People
|
|
LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| r. Editorial and press services 88442 | 1. Solely a Uruguayan national will be able to perform as the writer or responsible manager * of a newspaper, magazine or periodical publication that is published in Uruguay. 2. No 3. Solely a Uruguayan national will be able to perform as the writer or responsible manager * of a newspaper, magazine or periodical publication that is published in Uruguay .. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Solely a Uruguayan national will be able to perform as the writer or responsible manager * of a newspaper, magazine or periodical publication published in Uruguay. 2. No 3. Solely a Uruguayan national will be able to perform as the writer or responsible manager * of a newspaper, magazine or periodical publication published in Uruguay. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| s. Services provided on the occasion of assemblies or conventions 87909 * | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section |
|
| t. Other Services Provided to Companies 8790 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for or indicated in the horizontal section |
|
| t.1. Services of Translation and Interpretation 87905 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section |
|
| t.2. Interiors Drawing services 87907 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section |
|
| 2. COMMUNICATIONS SERVICES For the provision of communications services is required the authorization of the Executive Power. | |||
| B. Courier services 7512 | 1. No 2. None. 3. The URSEC Communications Services Regulatory unit bestows precarious character licenses to operate that lapse to the three years of its outoring, except that the outoring company, prior to its expiration, manifests its intention to renew it. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for or indicated in horizontal appointments. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments
Gift modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4 Presence of Physical People
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| C. Telecommunication Services The public services that as per national legislation should be heard under the granting or prior authorization scheme, shall be governed by the national legal planning and the contractual conditions agreed with the service provider. All services that imply use of basic telephony are subject to the monopoly of ANTEL. (See Attachment on Additional Commitments for the Telecommunications Services) | |||
| a. Mobile phone services CCP 75213 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| b) and c) Data transmission services (CCP 7523 * *) | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| f. Facsimile services (CCP 7521 * * + 7529 * *) | 1 and 3 None, except the installments derived from the telecommunications services that support the facsimile service. 2. No 4 Non-consolidated, except for the indicated in the horizontal section. | 1 and 3 None, except the installments derived from the telecommunications services that support the facsimile service. 2. No 4 Non-consolidated, except for the indicated in the horizontal section. |
|
| g. Rented private circuit services (CCP 7522 * * + 7523 * *) | 1. None for the data case. In the case of monopoly telephony of ANTEL 2. None for the data case. In the case of telephony, monopoly of ANTEL 3. None for the data case. In the case of telephony, monopoly of ANTEL 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None for the data case. In the case of monopoly telephony of ANTEL 2. None for the data case. In the case of telephony, monopoly of ANTEL 3. None for the data case. In the case of telephony, monopoly of ANTEL 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| h. CCP Electronic Mail 7523 * * | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| i. Voicemail 7523 * * | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| j. Extracting online information and databases 7523 * * | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None, except from the services subject to the exclusivity of ANTEL. 2. None, except from the services subject to the exclusivity of ANTEL. 3. None, except from the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| k. Electronic data exchange services (IED) 7523 * * | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| l. Enlarged / value-added facsimile services, included storage and retransmission and warehousing and retrieval CCP 7523 * * | 1 and 3 None, except for the benefits derived of the telecommunications services that support the facsimile service. 2. No 4 Non-consolidated, except for the indicated in the horizontal section. | 1 and 3 None, except the installments derived from the telecommunications services that support the facsimile service. 2. No 4 Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| n. Data processing and / or online information (with inclusion of transaction processing) 843 * * | 1. 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| o. Other trunking Services (CCP 75299) Radio Services-People's Search (CCP 75291) Global Mobile Satellite Services (CCP 75299 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| D. Audiovisual services | |||
| d. Sound and image transmission services 7524. -Sound and television broadcasting services (AM, or C, FM, TV) | 1. and 3. A person cannot be benefited from the total or partial title of more than two frequencies in each of the three broadcasting tracks; it may not also be a holder, in whole or in part, of more than three broadcasting frequencies in total of the tracks OM, FM, TV. The SODRE will have preference over private individuals regarding the outoring of frequencies or channels and location of stations, as well as in all relative to the remaining conditions of installation and operation. The ownership of broadcasting, sound and television services companies must be of national physical or legal persons. Legal persons must have nominative actions and the totality of these must belong to Uruguayan physical persons. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. The ownership of broadcasting, sound and television services companies must be of national physical or legal persons. Legal persons must have nominative actions and the totality of these must belong to Uruguayan physical persons. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| -Radio and television services for abonados (fiber-coaxial hybrid networks, wireless terrestrial and by satellite) | 1. and 3. The ownership of radio and television service companies for abonados must be of national physical or legal persons. Legal domicile is required in Uruguay. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. The ownership of radio and television service companies for abonados must be of national physical or legal persons. It is necessary to have legal domicile in Uruguay. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| e. Sound recording | 1, 2, 3 Non-consolidated 4. Non-consolidated, except for the indicated in the horizontal section. | 1, 2, 3. Not consolidated, 4. Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| 3. BUILDING SERVICES | |||
| A. General construction work for edification 512 | 1. Non-consolidated * 2. No 3. Not consolidated 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| B. General construction work for civil engineering 513 | 1. Non-consolidated * 2. No 3. Not consolidated 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| 4. DISTRIBUTION SERVICES | |||
| A. Services of commissioners 621 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. Requirement of Household in the country and must be enrolled in the National Register of Foreign Signatures Representatives of the Ministry of Economy and Finance. Law 16,497 to 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| B. Wholesale commercial services 622 Excludes 62271 (wholesale commercial services of solid fuels, liquids and gaseous and related products) | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| C. Retail commercial services 631632 6111 + 6113 + 6121 | 1. No 2. No 3. Prior authorization of the Executive Power is required, for the installation of new commercial establishments of large surfaces, which build from a total area intended for sale to the public of a minimum of 300 m2, intended for the sale of food and household items. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| D. Franchise services 8929 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OUSUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| 9. TRAVEL SERVICES AND SERVICES RELATED TO TRAVEL |
|
|
|
| A. Hotels and Restaurants (included Foreign Foods Sourcing Services by Contract) 641-643 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| B. Travel Agencies and Travel Organization Services in Groups 74710 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| C. Services of Tourism Guides 74720 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| 10.SERVIÇOS OF SPARING, CULTURAL AND SPORTING GOODS (except for audiovisual services) | |||
| A. Services of spectacles (included those of theatre, bands and orchestras and circuses) 9619 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| 11.SERVIÇOS OF TRANSPORT The specific commitments embedded in the lists of commitments of the present negotiation, include, in addition to restrictions arising from the national normative, restrictions resulting from bilateral and multilateral agreements to those referred to in the Annexes on land transport and by water and on air transport of the Montevideo Protocol on Trade in Services of MERCOSUR. | |||
| A. Sevies of maritime transport | |||
| a. Passenger transport 7211 | 1. and 3. The maritime transport of cabotage services is reserved for national flag ships. To nab the company and its legal representative must have domicile in national territory. For cases where the traffic or service to which the ship is intended should fulfill, exclusively, within the national territory, they shall believe in what to correspond: (a) When the owners, participants or shipowners are physical persons, their condition of natural or legal citizens of the Republic and justifies their domicile on national territory. b) When the owners, participants or shipowners are legal, state or mixed legal persons:-that the half plus one of the partners is integrated by natural or legal citizens of the Republic (personal societies); | 1.e 3. The maritime transport of cabotage services is reserved for national flag ships. To nab the company and its legal representative must have domicile in national territory. For cases where the traffic or service to which the ship is intended should fulfill, exclusively, within the national territory, they shall believe in what to correspond: (a) When the owners, participants or shipowners are physical persons, their condition of natural or legal citizens of the Republic and justifies their domicile on national territory. b) When the owners, participants or shipowners are legal, state or mixed legal persons:-that the half plus one of the partners is integrated by natural or legal citizens of the Republic (personal societies); |
|
EASTERN REPUBLIC OF URUGUAY
List of specific appointments
Gift modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
|
| -by accounting and notarial constancy that most of the representative shares at least 51% of the computable votes are formed by nominative actions, owned by natural citizens or Uruguayan legal citizens;-that the control and direction of the company be exercised by natural or legal citizens Uruguayans. For the remaining cases: a) When your owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile on national territory. b) When their owners, participants or shipowners are private, state or mixed legal persons, they should believe:-Social domicile in national territory -control and direction of the company exerted by natural or legal citizens Uruguayans. Crew: For ships that will operate on authorized tracts, as a minimum 50% percent of its crew are expected to be natural or legal Uruguayan citizens, included the Captain. For ships that will operate in unauthorized traffic, it is sufficient for the captain, the head of machines and the operator radio or commissioner to be Uruguayan. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | -By accounting and notarial constancy that most of the representative shares at least 51% of the computable votes are integrated by nominative actions, owned by citizens natural or legal Uruguayan; and-That the control and direction of the company be exercised by natural or legal citizens Uruguayans. For the remaining cases: a) When your owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile on national territory. b) When their owners, participants or shipowners are private legal, state or mixed legal persons, they should believe:-Social domicile in national territory. -Control and direction of the company exerted by natural or legal citizens Uruguayans. Crew: For ships that will operate on authorized tracts, as a minimum 50% percent of its crew are expected to be natural or legal Uruguayan citizens, included the Captain. For ships that will operate in unauthorized traffic, it is sufficient for the captain, the head of machines and the operator radio or commissioner to be Uruguayan. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| B. Transport of cargo 7212 | 1. and 3. The maritime transport of cabotage is reserved for national tuition vessels. To nab the company and its legal representative must have legal domicile in the national territory. For cases where the traffic or service to which the ship is intended must comply within the national territory, they must believe in what to correspond: (a) When their owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile in national territory. b) When its owners, participants or shipowners are private, state or mixed legal persons, they should believe:-that the half plus one of the partners is integrated by natural or legal citizens of the Republic (personal societies);-by accounting and notarial constancy that the majority of the representative shares at least 51% of the computable votes are formed by nominative actions, owned by natural citizens or Uruguayan legal ones;. |
|
|
EASTERN REPUBLIC OF URUGUAY
List of specific appointments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
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| 1. and 3. The maritime transport of cabotage is reserved for national tuition vessels. To nab the company and its legal representative must have legal domicile in the national territory. For cases where the traffic or service to which the ship is intended must comply within the national territory, they must believe in what to correspond: (a) When their owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile in national territory. b) When their owners, participants or shipowners are private legal, state or mixed legal persons, they should believe:-Social domicile in national territory. -Control and direction of the company, exerted by natural or legal citizens Uruguayans. Crew: For ships that will operate on authorized tracts, as a minimum 50% percent of its crew are expected to be natural or legal Uruguayan citizens, included the Captain. For ships that will operate in unauthorized traffic, it is sufficient for the captain, the head of machines and the operator radio or commissioner to be Uruguayan. |
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| -that the company's control and direction are exerted by natural or legal Uruguayan citizens. In the remaining cases: a) When your owners, participants or natural or legal Republic of the Republic and justify their domicile on the national territory. (b) When its owners, participants or shipowners are private or physical legal persons, they should believe their condition of state or mixed citizens:-Social domination in the national territory -Control and direction of the company, exercised by natural or legal citizens Uruguayan Crew: For ships that will operate on authorized tracts, as a minimum 50% must be natural or legal Uruguayan citizens, included the Captain. For ships that will operate in unauthorized traffic, they should only be natural or legal citizens Uruguayan the Captain, the Chief Machine and Operator Radio or Commissioner. Reserve of charge applicable by the effective application of the reciprocity principle. The Convenium between the Eastern Republic of Uruguay and the Federative Republic of Brazil on maritime transport sets up 50% of exchange traffic frets reserved for each flag. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | -That the control and direction of the company are exerted by natural or legal citizens Uruguayans. In the remaining cases: a) When the owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile on national territory. b) When the owners, participants or shipowners are private legal, state or mixed legal persons:-Social Household in the national territory. -Control and direction of the company, exerted by natural or legal citizens Uruguayans. Crew: For ships that will operate on authorized tracts, as a minimum 50% must be natural or legal Uruguayan citizens, included the captain. For ships that will operate in unauthorized traffic, they should only be natural or legal citizens Uruguayan the Captain, the Head of Machines and Radio Operator or Commissioner. In Thracians authorized by the Convian with Brazil 50% of the crew must be Uruguayan. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments
Gift modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| e. Towing and traction services 7214 | 1. and 3. Towing and traction services involving cabotage operations between ocean shoreline harbour is reserved for national flag vessels. As a minimum 50% percent of the crew is expected to be Uruguayan, included Captain. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. To nab a ship must be believed to be that company and representative have legal domicile in the national territory. As a minimum 50% percent of the crew is expected to be Uruguayan, included Captain 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| Port-operating services 7451 | 1. Non-consolidated * 2. No 3. It is incumbent on the General Assembly of the Legislative Power the habilitation of the Ports. The provision of port services by private companies will be exercised under the terms and conditions laid down by the regulation downloaded by the Executive Power with advisories of the National Ports Administration. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. It is incumbent on the General Assembly of the Legislative Power the habilitation of the Ports. The provision of port services by private companies will be exercised under the terms and conditions laid down by the regulation downloaded by the Executive Power with advisories of the National Ports Administration .. 4. Non-consolidated, except for the indicated in the horizontal section. |
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| XX_ENCODE_CASE_One auxiliary transport services Maritime transport services objective of shipping | 1) Non-consolidated * with the caveat that there are no limitations to the transshipments (from edge to edge or by the quay) and / or for the use of board cargo handling equipment 2) No 3) No * * providers of these services shall obtain prior authorization from the Executive Power. 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated * with the caveat that there are no limitations to the transshipments (from edge to edge or by the quay) and / or to the use of a load handling equipment of a board 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| Storage services 742 | 1) Non-consolidated * 2) No 3) No * 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) No * * 4) Non-consolidated, except for the indicated in the horizontal section. |
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| Service stations and container depots | 1) Non-consolidated 2) No 3) None. The providers of these services shall obtain a concession and / or prior authorization from the Executive Power in accordance with national law and with the contractual conditions agreed with the service provider. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| Services from maritime agencies Services of freight forwarders (seafarers) | 1) No 2) No 4) Not consolidated, except for the nominee in the section horizontal. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| B. Transport by inland waterways In the regard to shipping, trade and transportation of goods and people who understand the use of the Hidrovia Paths raná-Paraguay (including the different de-icing arms of the latter, from Cáceres, in the Federative Republic of Brazil to New Palmyra, in the Eastern Republic of Uruguay and the Tamengo Canal, tributary of the Paraguay River, shared by the Republic of Bolivia and the Federative Republic of Brazil) are governed by the corresponding Convennial. | |||
| a. Passenger transport 7221 | 1. and 3. The cabotage is reserved for national flag vessels, except where there are no available in the national ship registration. To carry out the service the ship must possess national flag and shall be accredited: a) When the owners, participants or shipowners are physical persons, their condition of natural or legal citizens of the Republic and justifies their domicile on the national territory. b) When its owners, participants or shipowners are private, state-owned or mixed legal persons, they should believe in what to match:-That half plus one of the partners are natural or legal citizens Uruguayans, domiciled in the Republic (personal societies)-By accounting and notarial constancy, that most shares, representative of at least 51% of the computable votes, are formed by nominative actions, owned by natural citizens or Uruguayan legal ones. -That the control and direction of the company are exercised by natural or legal citizens Uruguayans; The transverse river transport of passengers and vehicles between border ports of Uruguay and Argentina is reserved for Uruguayan and Argentine flag ships upon regular service. As a minimum 50% percent of the crew is expected to be Uruguayan, included Captain 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. The cabotage is reserved for national flag vessels, except where there are no available in the national ship registration. To carry out the service the ship must possess national flag and shall be accredited: a) When the owners, participants or shipowners are physical persons, their condition of natural or legal citizens of the Republic and justifies their domicile on the national territory. b) When its owners, participants or shipowners are private, state or mixed legal persons, they should believe in what to correspond:-that half plus one of the partners are natural or legal citizens Uruguayans, domiciled in the Republic (personal societies); and-by accounting and notarial constancy, that most shares, representative, at least, of 51% of the computable votes, be formed by nominative actions, owned by natural or legal citizens uruguaios-That the control and direction of the company are exercised by natural or legal citizens Uruguayans; jJJJ 2. No 4. Non-consolidated, except for the indicated in the horizontal section. As a minimum 50% of the crew must be Uruguayan included the Captain. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| b. Transport of cargo 7222 | 1. and 3. Reserved for national flag vessels, except where they are not available in the national ship registration and shall be believed: (a) When the owners, participants or shipowners are physical persons, they shall have their condition of natural or legal citizens of the Republic and justify their domicile on the national territory. b) When their owners, participants or shipowners are private, state or mixed legal persons, they should believe, when they correspond:-that the half plus one of the partners are natural or legal citizens Uruguayans, domiciled in the Republic (personal Societies). -By accounting and notarial constancy, that most of the representative actions of at least 51% percent of the computable votes are formed by nominative actions, owned by natural citizens or Uruguayan legal. -That the control and direction of the company be exercised by natural or legal citizens Uruguayans. As a minimum 50% percent of the crew must be natural or legal citizens Uruguayans, included Captain. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. To carry out the service the ship shall possess national flag, except when they do not have a national ship registration and must believe: (a) When the owners, participants or shipowners are physical persons, they shall owe their condition to natural or legal citizens of the Republic and justify their domicile on the national territory. b) When their owners, participants or shipowners are private, state or mixed legal persons, they should believe, when they correspond:-that the half plus one of the partners are natural or legal citizens Uruguayans, domiciled in the Republic (personal Societies). -By accounting and notarial constancy, that most of the representative actions of at least 51% percent of the computable votes are formed by nominative actions, owned by natural citizens or Uruguayan legal. -That the control and direction of the company be exercised by natural or legal citizens Uruguayans. As a minimum 50% percent of the crew must be natural or legal citizens Uruguayans, included Captain. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| c. Rental of vessels with crew 7223 | 1. and 3. Reserved for national flag vessels, except when there are no national vessels available in the matriculation. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. The alugator must be a national shipowner. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| e. Towing and traction services 7224 | 1. and 3. Towing and traction services involving cabotage operations are reserved for national flag vessels, except where there are no available in the national ship registration. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. Crew: as a minimum 50% must be natural or legal Uruguayan citizens, included the Captain | 1 and 3 The towing and traction services that entail cabotage operations are reserved for national flag ships, except where there are no available in the national ship registration. 2.Nenhuma 4.Não consolidated, except for the indicated in the horizontal section. Crew: as a minimum 50% must be natural or legal citizens Uruguayans, included the Captain |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS | |
| Port-operating services 7451 | 1. Non-consolidated * 2. No 3. It is incumbent on the General Assembly of the Legislative Power the habilitation of the Ports. The provision of port services by private companies will be exercised under the terms and conditions laid down by the regulation downloaded by the Executive Power with the Advising of the National Ports Administration. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. It is incumbent on the General Assembly of the Legislative Power the habilitation of the Ports. The provision of port services by private companies will be exercised under the terms and conditions laid down by the regulation downloaded by the Executive Power with the Advising of the National Ports Administration. 4. Non-consolidated, except for the indicated in the horizontal section. |
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| C. Aerial transport services |
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| Sale and commercialization of air transport services | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| Maintenance of aircraft | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| H. Ancillary services related to all means of transport |
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| b.Services of storage and deposit 742 (except the regime of deposits or of fiscal storage) | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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ANNEX
ADDITIONAL COMMITMENTS FROM URUGUAY
FOR TELECOMMUNICATION SERVICES
Definitions
(i)?Telecommunications services? means the transport of the electromagnetic signals-sound, data, image and any combination of them, except broadcasting. Therefore, the commitments in this sector do not encompass economic activity that consists of the provision of contents that require the telecommunications services for their transportation. The provision of such content, carried by a telecommunications service, is subject to the specific commitments determined by the parties in other relevant sectors.
(ii) One?regulatory authority? means the scope or ambit tasked with carrying out the tasks of regulation related to the themes mentioned in this annex.
(iii)?essential facilities in telecommunications? means communications facilities of public telecommunications transport networks and services that:
a) are provided exclusively or in a predominant manner by a single or limited number of providers; and
b) cannot be feasible to be substituted economically nor from the technical point of view to provide the service.
I. Regulatory authority.
Regulatory authorities of telecommunications services are independent of any basic telecommunications service provider.
1.As decisions and the procedures used by the regulators will be impartial to all market participants.
2.Um-affected provider affected by the decision of a regulatory authority has the right to appeal against such a decision to refer the case to the court when they have been complied with all administrative procedures.
II. Provision of the services
1.Nos cases in which for the provision of a telecommunications service if you require a licence or permit, the terms and conditions for obtaining such a licence will be available to the public. Outrossim, the period of time required to adopt a decision regarding a permit or a permit, will be given to know the public.
2.Quando for the provision of the service if it requires a license or authorization, the reasons for or rehash of the solicitation should be brought to the requester's knowledge.
III. Safeguards of competence
1. Appropriate measures will be implemented to prevent providers from developing anti-competitive practices.
2. The anticompetitive practices mentioned in the preceding paragraph include, in particular:
a) implement measures that, in accordance with national legal planning and the policies set by the regulator, derive in an anti-competitive practice;
b) the use of information obtained from competitors with anticompetitive results, and
c) a non-facilitation to other service providers, in a timely manner, from technical information on the essential facilities and relevant information necessary for the provision of the services.
IV. Interconnect
1. This section refers to the connection with the providers who provide public telecommunications transport networks or services in order to allow the users of a provider to communicate with the users of another provider and have access to the services provided by another provider.
2. Interconnection with a major provider at any technically feasible point in the network shall be guaranteed in accordance with the national legal planning and the policies set out by the regulator. The interconnection with a major provider will be ensured at any feasible technical point in the network in accordance with the national and policy regulations set by the regulator. Such an interconnection will be provided in accordance with, among others, the following principles:
a) in terms, conditions (including technical standards and specifications) and non-discriminatory tariffs and of a no less favourable quality than that provided to their own similar services or to the similar services from unaffiliated service providers or to their subsidiaries or other affiliates;
b) in a timely manner, to cost-oriented and under-conditions, and terms (including technical standards and specifications) transparent, reasonable, leading in it counts the economic factibility, and the sufficiently disaggregated, in order that the provider should not pay for components or network facilities that it does not need for the provision of the service.
3.The applicable procedures for the interconnection will be of public knowledge.
4. The providers will facilitate third parties to interconnect arrangements in order to ensure non-discrimination and to publish the reference interconnection offers beforehand.
V. Scarce resources
Any procedure for the targeting and use of scarce resources, including frequencies, the numbers and the step rights, will be carried out objectively, timely, transparent and non-discriminating
VI. Universal service
1. Each party is entitled to define the type of universal obligation of the service it wants to maintain
2. The provisions of the universal service will be transparent, objective and no longer onerous of the necessary.
REPPUBLICATION
DECREE NO. 7,064, OF January 14, 2010 (*).
Disposes on the execution of the Fourteenth Additional Protocol to the Agreement of Economic Complementation in the 35 (53PA-ACE35), signed between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Government of the Republic of Chile, on May 27, 2009.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and
Whereas the Treaty of Montevideo of 1980, which created the Latin American Integration Association (ALADI), signed by Brazil on August 12, 1980 and promulgated by the Decree no 87,054, of March 23, 1982, provides for the modality of Economic Supplementation Agreement;
Whereas the Plenipotentiaries of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the MERCOSUR, and of the Republic of Chile, based on the Treaty of Montevideo of 1980, signed on June 25, 1996, in San Luís, Argentina, the Economic Supplementation Agreement no 35, promulgated by the Decree No 2,075 of November 19, 1996; and
Whereas the Plenipotentiaries of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and of the Republic of Chile, on the basis of the 1980 Treaty of Montevideo, signed, on May 27, 2009, in Montevideo, the Fourteenth Additional Protocol Additional Protocol to the Economic Supplementation Agreement no 35, between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Government of the Republic of Chile;
DECRETA:
Art. 1st The Fourteenth Additional Protocol to the Economic Supplementation Agreement no 35, between the Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the MERCOSUR, and the Government of the Republic of Chile, of May 27, 2009, aped by copy to the present Decree, shall be executed and fulfilled as entirely as it contains.
Art. 2nd This Decree shall come into force on the date of its publication.
Brasilia, January 14, 2010; 189th of the Independence and 122nd of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
ECONOMIC COMPLEMENTATION AGREEMENT N ° 35
CELEBRATED AMONG THE GOVERNMENTS OF THE STATES
PARTS OF MERCOSUR AND THE GOVERNMENT OF THE REPUBLIC OF CHILE
Fifty Third Additional Protocol
The Plenipotentiaries of the Argentine Republic, of the Federative Republic of Brazil, of the Republic of Paraguay and of the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Republic of Chile, accredited by their respective Governments second powers bestowed in good and due form, deposited opportunely at the General Secretariat of the Latin American Integration Association (ALADI),
HAVING IN VISTA the Resolution MCS-CH N ° 03/2008, emanating from the XVII Extraordinary Meeting of the ACE Administrative Commission No 35 MERCOSUL-Chile, concluded in Buenos Aires, Argentina, on June 20, 2008;
CONSIDERING the interest to deepen the mentioned Agreement by incorporating the trade in services between the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to MERCOSUR, and the Republic of Chile, of conformity with its Title XIII;
DECK IN:
ArticleProtocol on Trade in Services between MERCOSUR and Chile?, which is listed as Annex, in its versions in Portuguese and Spanish, which are part of this Protocol.
Article II-The present Protocol shall have indefinite duration and shall enter into force bilaterally thirty (30) days after the Republic of Chile and which at least one of the other Signatary Parties has deposited their respective instruments of ratification.
For the remaining Signatary Parties, the Protocol shall enter into force thirty (30) days after the deposit of the respective instrument of ratification.
The General Secretariat of the ALADI will inform all Signatary Parties the date of deposit of the instruments of ratification, as well as the bilateral effective date of the Protocol.
The General Secretariat of ALADI shall be a depositary of this Protocol, of which it shall send duly certified copies to the Governments of the signatory countries.
IN FÉ THAN, the respective Plenipotentiaries sign the present Protocol in the city of Montevideo, at the twenty-seven days of the month of May two thousand and nine, in an original in the Portuguese and Spanish languages, being both texts being equally valid. (a.:) By the Government of the Argentine Republic: Juan Carlos Olima; By the Government of the Federative Republic of Brazil: Regis Percy Arslanian; By the Government of the Republic of Paraguay: Emilio Giménez; By the Government of the Eastern Republic of Uruguay: Gonzalo Rodríguez Gigena; By the Government of the Republic of Chile: Eduardo Araya Alemparte.
Protocol on Trade in Services between MERCOSUR and Chile
Article I. Object
1. The Signatory Parties shall liberalize their trade in services in accordance with the provisions contained in this Protocol and with Title 13 of the Economic Supplementation Agreement N ° 35 (ACE 35).
2. This Protocol provides on the relations between the States Parties to MERCOSUR and Chile, without covering relations between the States Parties to MERCOSUR.
3. The provisions of this Protocol could be complemented by specific sectoral provisions.
Article II. Scope
1. This Protocol shall apply to the measures adopted or maintained by the Signatary Parties affecting the trade in services between Chile and the States Parties of MERCOSUR, included those concerning:
(a) to the provision of a service;
(b) to the purchase, payment or use of a service;
(c) to access to services to the general public by prescription of the Signatary Parties, and the use of them, on the grounds of the provision of a service;
(d) to the presence, included the commercial presence, of persons of a Signatary Party in the territory of another Signatary Party for the provision of a service.
2. This Protocol shall not apply to the measures that a Signatary Party adopts or maintains as to air traffic rights and services directly related to the exercise of such rights, save:
(a) aircraft repair and maintenance services while the aircraft is out of service;
(b) the sale and marketing of air transport services; and
(c) the services of computerized booking systems (SRI).
3. None of the provisions of this Protocol shall be interpreted to impose any obligation with respect to government purchases.
4. The provisions of this Protocol shall not apply to grants or donations granted by a Signatary Party or company of the State, included the loans, guarantees and insurances bestowned by the government. The Contracting Parties shall review the issue of subsidies related to trade in services, taking into account the disciplines that are established in accordance with the mandate contained in Article XV of the General Agreement on Trade in Services, which forms part of the Marraqueche Agreement, by which the World Trade Organization (GATS) is established.
5. For the purposes of this Protocol, observed Article I. 2 of this Protocol, shall be defined:
?trade in services? as the provision or provision of a service:
(a) of the territory of a Signatary Party to the territory of another Signatary Party;
(b) in the territory of a Signatary Part for a consumer of services of another Signatary Party;
(c) by a service provider of a Signatary Party upon commercial presence in the territory of another Signatary Party;
(d) by a service provider of a Signatary Party by the presence of physical persons of a Signatary Party in the territory of another Signatary Party.
?measures adopted or maintained by the Signatary Parties? as the measures adopted or maintained by:
(a) governments or central, regional, or local authorities; or
(b) nongovernmental institutions in the exercise of colleges in them delegated by governments or authorities mentioned in (a).
In fulfilment of its obligations and commitments under this Protocol, each Signatary Party shall take the reasonable steps that are within its reach to ensure its observance by the governments and regional or local authorities and non-governmental institutions existing in its territory.
The term?services? understands every service of any sector, except those provided in the exercise of government colleges.
One?service provided in the exercise of government colleges? means every service that is not provided on a commercial basis, nor in competition with one or several service providers.
Article III. National treatment
1. In the sectors inscribed on its List and under the conditions and the provisos that therein may establish itself, each Signatary Party will hear from the services and service providers of the other Signatary Party, with respect to all measures affecting the provision of services, a treatment no less favourable than the one that dispenses with its own similar services or similar service providers.
2. A Signatory Party may satisfy the provisions of paragraph 1 by hedging the services and service providers of the other Signatary Party a formally identical or formally different treatment than dispense with their own similar services and providers of similar services.
3. A formally identical or formally different treatment will be found to be less favourable if it modiates the conditions of competition in favour of the services or service providers of a Signatary Party in comparison to similar services or similar service providers of another Signatary Party.
Article IV. Access to markets
1. With regard to access to markets under the modes of provision set out in Article II (Scope of Application), each Signatary Party will hear from the services and service providers of the other Signatary Party a treatment no less favourable than that provided for in accordance with the terms, limitations and conditions specified in its List of specific commitments mentioned in Article V (Lists of specific commitments).
2. In the sectors where market access commitments are made, the measures that none of the Signatary Parties will maintain or adopt, whether in the framework of a regional subdivision or the totality of its territory, unless in its List specify otherwise, are defined as follows:
(a) limitations as to the number of service providers, whether in the form of numerical contingents, monopolies or service-exclusive providers or upon demand for testing of economic necessity;
(b) limitations as to to the total value of the assets or services transactions in the form of numerical contingents or upon demand for testing of economic necessity;
(c) limitations as to the total number of service operations or the total amount of services produced, expressed in numerical units indicated in the form of contingents or upon demand for testing of economic necessity;
(d) limitations to the total number of physical persons who may be employed in a particular sector of services or that a service provider may employ and that are necessary for the provision of a specific service and are directly related to this, in the form of numerical contingents or upon demand for testing of economic necessity;
(e) measures that restrict or require specific types of legal person or joint venture (?joint venture?) by means of which a service provider from another Signatary Party may provide a service; and
(f) limitations as to the share of foreign capital expressed as the maximum percentage limit of possession of shares by foreigners or relative to the total value of investments individual foreigners or aggregates.
Article V. Lists of specific appointments
1. The specific commitments made by each of the Signatary Parties in the light of Articles III (National Treatment) and IV (Access to Markets) are set out in the Lists included in Annex III. With respect to the sectors where such commitments are made, on each List will specify:
(a) the terms, limitations, and conditions regarding access to markets;
(b) the conditions and caveats in matter of national treatment; and
(c) the obligations regarding the additional commitments referred to in Article VI (Additional Appointments).
2. The measures deemed incompatible with Article III (National Treatment) and with Article IV (Access to Markets) shall be listed in the column on Article IV. In such a case, enrollment will be considered as a condition or restriction also to Article III.
3. The Lists of specific commitments shall be annexed to this Protocol and shall be an integral part of this.
Article VI. Additional Appointments
When a Signatary Party assumes specific commitments on measures that affect trade in services, but are not subject to the inscription on the List, in the light of Articles III (National Treatment) and IV (Access to Markets), such commitments will be inscribed on the List as additional appointments. Where relevant, each Signatary Party shall specify the deadlines for the implementation of commitments, as well as the date of entry into force of such commitments.
Article VII. Domestic Regulation
1. Nothing in this Protocol shall be interpreted to prevent the right of each Signant Party, in accordance with that established in Article V (Specific Appointments Lists), to regulate and to introduce new regulations within their own territories to achieve their national policy objectives.
2. In the sectors where specific commitments are made, each Signatary Party will ensure that all general enforcement measures that affect the trade in services are administered in a reasonable, objective and impartial manner.
3. Each Signatory Party will also ensure that, in the sectors in which specific commitments are made, the measures regarding the requirements and procedures in respect of qualification, technical standards and requirements on licences are based on objective and transparent criteria and do not constitute covert restriction on the provision of a service.
4. The Contracting Parties shall consider the development of future disciplines on domestic regulation within the framework of this Protocol, which will take into account the results of the negotiations on the topic at the World Trade Organization.
5. Where permission is required for the provision of a service in respect of which a specific commitment has been made, the competent authorities of the respective Signatary Party, within a reasonable period of time from the submission of a solicitation which is deemed to be complete under the relevant national laws and regulations, shall inform the requester of the decision concerned for their solicitation. At the request of the requester, the competent authorities of the Signatary Party shall provide, without unwarranted delay, information regarding the situation of the solicitation.
6. The Contracting Parties shall, periodically, conclude consultations with the aim of determining whether it is possible to remove remaining restrictions on citizenship or permanent residence relating to the granting of licences or certificates from their respective service providers.
Article VIII. Recognition
1. Where a Signatary Party autonomously recognizes or by means of an agreement, the education or experience acquired, the fulfilment of the requirements, the licences or certificates heard in the territory of another Signatary Party or of any country other than Signatary Party:
(a) nothing of the provisions of this Protocol shall be interpreted to require that this Signatary Party to grant recognition to the education or experience acquired, to the fulfilment of the requirements, to the licences or to the certificates heard in the territory of another Signatary Party; and
(b) the Signatary Part will grant any other Signatary Party appropriate opportunity to:
(i) demonstrate that education, experience, licences and certificates heard on their territory should also be recognized; or,
(ii) that can conclude agreement or equivalent effect convenium.
2. In the measure of its faculties, each Signatary Party shall stimulate the competent authorities in their respective territories to develop common standards and criteria that facilitate the exercise of professional activities in services. When agreement is reached between the Contracting Parties, the recommendations arising from it shall be submitted to the ACE 35 Administrative Commission.
3. The Contracting Parties undertake to carry out their best efforts to seek the further deepening of the matters set out in this Article and shall meet with such an objective one year after the entry into force of this Protocol.
4. No Signatory Party will hear the recognition so that it constitutes a means of discrimination between the Signatary Parties in the application of their standards or criteria for the authorization or certification of service providers or the granting of licences to them, or a restriction covert to the trade in services.
Article IX. Transparency
1. Each Signatory Party shall publish promptly and, save in situations of force majeany, at the latest on the date of its entry into force, all relevant measures of general application which refer to this Protocol or affect its functioning. Outrossim, each Signatary Party shall publish the international agreements that sign up with any country and refer to, or affect, trade in services.
2. Each Signatory Party will promptly inform the ACE 35 Administrative Commission, the adoption of new laws, regulations or administrative guidelines or the introduction of modifications to the existing laws, regulations or administrative guidelines that it considers to significantly affect trade in services understood by their specific commitments by virtue of this Protocol.
3. Each Signatory Party shall respond, with a certainty, to all requests for specific information submitted by the other Contracting Party about any measures of general application referred to in paragraph 1. Similarly, in accordance with its internal legislation, each Signatary Party, through its competent authorities, shall, when requested, provide information to the service providers of the other Contracting Party on the matters subject to notification, paragraph 2, paragraph 2.
4. To facilitate the communication of the Contracting Parties on the subject matter of which this Article is concerned, each of the Signatary Parties shall designate a focal point.
Article X. Disclosure of the confidential information
No provision of this Protocol will be interpreted to require a Signatary Party to reveal or allow access to information whose disclosure may:
(a) be contrary to the public interest, according to its legislation;
(b) be contrary to its legislation;
(c) constitute an obstacle to the fulfillment of laws; or
(d) lesar the business interests legitimate from public or private companies.
Article XI. General and relative safety exceptions
On the condition that the measures listed below do not apply in such a way as to constitute an arbitrary or unjustifiable means of discrimination between countries in which similar conditions or a covered restriction of trade in services are prevalent, no provision of this Protocol shall be interpreted to prevent a Signant Party from adopting or applying measures:
a) necessary to protect morale or maintain public order;
b) necessary to protect the life and health of people and animals or to preserve vegetables;
c) necessary to loathe the observance of laws and of the regulations that are not inconsistent with the provisions of this Protocol, including with respect to:
i) prevention of practices that induce fraudulent error and practices or the means of doing so in the face of the effects of non-compliance with service contracts;
ii) protection of the intimacy of private individuals in relation to the treatment and the diffusion of personal data and the protection of the confidential character of individual records and accounts;
iii) safety.
No provision of this Protocol will be interpreted in the sense of:
a) impose on a Signatary Party the obligation to provide information whose disclosure is deemed to be contrary to the essential interests of its security; or
b) prevent a Signatary Party from adopting measures that it considers necessary for the protection of the essential interests of their security:
i) concerning the provision of services intended, directly or indirectly, to ensure the supply of the Armed Forces;
ii) concerning the fissionable or fusionable materials or those that serve for their manufacture;
iii) applied in time of war or in case of severe stress international; or
c) prevent a Signatary Party from adopting measures in fulfilment of the obligations by it contracted by virtue of the United Nations Charter for the maintenance of international peace and security.
The ACE-35 Administrative Commission shall be informed, in the broadest possible way, of the measures adopted by virtue of the items b) and (c) of paragraph 1 and its termination.
Article XII. Financial Services
1. The Contracting Parties understand that no commitments have been made to the financial sector in the framework of this Protocol. Financial services mean every financial character service offered by a financial service provider of one of the Signatary Parties as defined in paragraph 5 (a) of the Financial Services Annex of the GATS.
2. In the review process provided for in Article XVI of this Protocol or at the moment that the acorder, the Contracting Parties shall consider the initiation of financial services negotiations on a mutually convenient basis.
Article XIII. Payments and Transfers
1. Except in the circumstances provided for in Article XIV (Balance of Payments), no Signatary Party shall apply restrictions on international payments and transfers for current transactions referring to the specific commitments made by it in accordance with this Protocol.
2. It shall apply to the Signatary Parties as set out in Article XI.2 of the GATS.
Article XIV. Balance of Payments
1. In the event of an existence or threat of serious external financial difficulties or Balance of Payments, a Signatary Party will be able to adopt or maintain restrictive measures concerning trade in services, including on payments and transfers regarding trade in services transactions.
2. The restrictions referred to in paragraph 1:
(a) should be non-discriminatory;
(b) should be compatible with the conditions set out in WTO Agreements;
(c) will be applied in accordance with the one set forth in Article XII.2.b of the GATS;
(d) will avoid needlessly lesar the commercial, economic and financial interests of the other Signatary Parties;
(e) will not exceed what is necessary to do in the face of the circumstances mentioned in paragraph 1; and
(f) will be temporary and eliminated progressively as it improves the situation indicated in paragraph 1.
3. The restrictions adopted or maintained by virtue of paragraph 1, or modifications to them which may be included, shall be notified promptly to the ACE-35 Administrative Commission.
4.
(a) The Signatary Party applying the provisions of this Article shall, with certainty, consult within the framework of the Administrative Commission of the ACE-35 on the restrictions adopted.
(b) Nthese consultations will be assessed the situation of the Payments Balance and the restrictions adopted or maintained by virtue of the present article, taking into account, among others, factors such as:
i) the nature and scope of the external financial difficulties and the Balance of Payments;
ii) the international, economic and commercial context, of the Party Signatory object of the consultations;
iii) other possible corrective measures to which you may appeal.
(c) In the consultations, the compliance of the restrictions that apply with paragraph 2, in particular with regard to its progressive deletion, in accordance with the provisions of paragraph (f) of the mentioned paragraph shall be examined.
(d) In such consultations, the established in Article XII.5.e of the GATS shall apply.
Article XV. Taxation
1. None of the provisions of this Protocol or of agreements adopted by virtue of this Protocol shall prevent Signatary Parties, in the application of the relevant provisions of their tax legislation, from distinguishing between service providers who are not in the same situation, in particular with regard to their place of residence or to the place where they are invested their estate.
2. None of the provisions of this Protocol, nor of any agreement adopted by virtue of this Protocol, may be interpreted in such a way as to prevent the adoption or enforcement of any measure intended to prevent tax evasion or elision as per the tax / tax provisions, by virtue of conventions to avoid double taxation or other agreements on taxation or domestic tax law of the Signatary Parties.
3. None of the provisions of this Protocol will affect the rights and obligations of any of the Signatary Parties by virtue of a tax convention. In the case of incompatibility of a tax measure between this Protocol and a convention of that nature, the provisions of the said Convention with respect to the incompatibility shall prevail. In the event of a tax agreement between the Signatary Parties, the competent authorities within that convention shall have the responsibility to determine whether there is a mismatch between this Protocol and such convention.
Article XVI. Review
The Contracting Parties shall review the present Protocol three years after their entry into force, with views to further deepen the scope of their disciplines, the level of liberalization and to reduce or eliminate the remaining restrictions, as well as to consider the advances achieved in matter of services in the World Trade Organization.
Article XVII. Denigration of benefits
A Signatary Party will be able to denigrate the benefits derived from this Protocol, upon prior notification and holding of consultations, to the service providers of the other Signatary Party if the service provider:
a) for a person who is not considered to be of the Signatary Parties, as defined in this Protocol; or
b) render the service from the or on the territory of a non-Party.
Article XVIII. Institutional Arrangements
The ACE-35 Administrative Commission shall be the formal scope for dealing with the issues concerning the implementation of this Protocol.
Article XIX. Solution of controversies
The controversies that may arise with respect to the application, interpretation or disfulfillment of the commitments set forth in this Protocol shall be resolved as per the procedures and mechanisms of the current solution in the Control Protocol of Controverses of the Economic Supplementation Agreement No 35.
Article XX. Commitments on mode 4
With respect to the facilitation of the temporary entry of physical persons, any measure that a Signatary Party adopts or maintains with respect to Chile or that Chile adopts with respect to one or several of the remaining Signatary Parties, or any agreement behold between a Signatary Party of MERCOSUR and Chile, or that a firm Signatary Party with Chile, shall prevail, for the Parties involved in the said bilateral measure or agreement, on the commitments made in this instrument, if they establish more favourable conditions, observed Article I. 2 of this Protocol.
This Protocol will not prevent a Signatory Party from applying measures to regulate the entry or temporary permanence of physical persons on its territory, included the measures necessary to protect the integrity of its borders and ensure the orderly movement of persons physical by its intermediate, where such measures do not apply in a manner to annul or impair the resulting advantages for a Signatary Part of the terms of a specific commitment.
Article XXI. Bilateral Agreements
Every bilateral agreement prevailing between a Signatary Party of MERCOSUR and Chile, or that a Signatary Party of MERCOSUR firm with Chile, shall prevail, for the Signatary Parties involved in the said bilateral agreement, on the commitments made in the present instrument, if they establish more favourable conditions, observed Article I. 2 of this Protocol.
Article XXII. Definitions
1. For the purposes of this Protocol:
a)?measure? means any measure adopted by a Signatary Party, be it in the form of law, regulation, rule, procedure, decision or administrative standard, or under any other form;
b)?provision of a service? includes the production, distribution, marketing, sale and supply of a service;
c)?commercial presence? means any type of commercial or professional establishment, through, among others, the constitution, acquisition or maintenance of a legal person, as well as subsidiaries and representative offices located in the territory of a Signatary Party for the purpose of the provision of a service;
d)?service provider? means any person who pays a service;
e)?person? means a physical person / natural person or a legal person;
f)?physical / natural person of a Signatary Part? means a physical / natural person who resides in the territory of that Signatary Party or any other Signatary Party and who, under the legislation of that Signatary Party, is a national of that Signatary Party or has the right of permanent residence in that Part Signatary;
g)?legal person of a Signatary Party? means a legal person who is constituted or organized under the legislation of that Part Signatary, counts with headquarters and develops substantive commercial operations in the territory of that Signatary Party; and
h)?company of the state? means a legal person owned by a Signatary Party or who finds itself under the control of the same, upon domain rights.
Article XXIII. Entry into force
1. The present Protocol shall have indefinite duration and shall enter into force bilaterally 30 (thirty) days after the Republic of Chile and at least one of the other Signatary Parties have deposited their respective instruments of ratification.
2. For the remaining Signatary Parties, the Protocol shall enter into force 30 (thirty) days after the deposit of the respective instrument of ratification.
3. The General Secretariat of the ALADI will inform all Signatary Parties the date of deposit of the intruments of ratification, as well as the bilateral effective date of the Protocol.
Article XXIV. Depositary
The General Secretariat of ALADI shall be the depositary of this Protocol, of which it will send duly certified copies to the Signatary Parties.
ANNEX I
Payments and Transfers
Chile
With respect to the obligations contained in Article XIII (Payments and Transfers), Chile reserves the right of the Bank Central Chile maintain or adopt measures in accordance with its Constitutional Organic Law (Law No. 18,840) or other legal norms, to ensure the stability of the currency and the normal functioning of internal and external payments, by outoring itself as assignments, for these effects, the regulation of currency and credit supply in circulation, the execution of international credit and foreign exchange operations, as, also, the dispatch of norms in monetary, creditworthiness, and foreign exchange international. They are part of these measures, among others, the establishment of requirements that restrict or limit current payments and transfers (capital movements) since or to Chile, as well as the operations that have relationship with them, such as establishing that deposits, investments or credits that come from or are intended for overseas are subjected to the obligation to maintain a seating.
When applying the measures by virtue of this Annex, as set out in its legislation, it shall not be able to discriminate between the member states of MERCOSUR and any third country in relation to the operations of the same nature.
ANNEX II
Taxation
Chile-Uruguay
In substitution to the provisions of Article XV, with respect to taxation, for the relationship between Chile and Uruguay:
1. For the purposes of this Annex,?tax convention? means a convention to avoid double taxation or other convention or international agreement in tax matters.
2. Unless the provisions of this Annex, no provision of this Protocol shall be applied to tax measures.
3. This Protocol will only hear rights or impose obligations with respect to tax measures by virtue of which corresponding rights or obligations are bestowing or imposed in the light of Article XIV (d) of the GATS, where applicable.
4. No provision of this Protocol shall affect the rights and obligations of any of the Signatary Parties derives from any tax convention. In the event of the incompatibility of a tax measure between this Protocol and any of these Conventions, the Convention shall prevail in the measure of the incompatibility. In the case of a tax convention between the Signatary Parties, the competent authorities within that convention shall have the responsibility to determine whether there is a mismatch between this Protocol and the mentioned Convention.
ANNEX III
Lists of specific appointments
Modes of provision: 1) Cross-border Provision; 2) Consumption abroad; 3) Presence comercial4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional appointments | ||
| I.HORIZONTAL APPOINTMENTS. | |||||
| ALL SERVICES INCLUDED IN THIS LIST |
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| 3) Acquisition of land: Non-consolidated, as far as zones are concerned border crossings (150 km. in land area and 50km in maritime area). |
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| 4) Non-consolidated, except for the measurements regarding the following personnel categories. I. Personnel transferred within a same company-Executives The Executives are those who take charge primarily of the management of the organization and have ample freedom of action to make decisions. They only receive direction supervision from senior executive levels, from the directory, or from the shareholders. They do not directly develop tasks related to the provision of the organization's (of) service (s). | 4) Non-consolidated, except for the measures regarding the categories of personnel indicated in the access column to markets. | Possibility to outwit mlasts entries. | ||
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| - Managers The managers are those tasked, fundamentally, from the direction of the organization or some of their departments or subdivisions and control the work of other supervisors, directives or practitioners. They have the authority to hire or fire, recommend, hire or recommend your low or other actions linked to the personnel area, such as the promotion or license. They exercise discretionary authority in the daily activities. This exercise does not include first-line supervisors (first line supervisors) unless these employees are professionals, as neither includes employees who, in a primary manner, perform tasks necessary for the provision of the service. -Specialists are those who possess specialized knowledge of an advanced level essential for the establishment / provision of the service and / or possess private domain knowledge of the organization, its techniques, of research or organization management teams. -Trainee Graduates Employees who come to the legal entity's office in the Argentine territory with the purpose of training in commercial techniques and methods or for their transfer in order to advance in their career. Duration of stay: |
| Possibility of outoring multiple entries. | ||
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| When managers, executives, experts, and graduate trainees enter to provide services to a natural or legal person radicalized in Argentina, hired in relation to dependency or in lease of services or labor, the initial term of stay will be one year, extended for equal period, indefinitely, while it lasts its condition of contract worker. II. Businessmen-representatives of a service provider who enter, in a temporary manner, on the territory of Argentina to conclude agreements on the sale of such services to that service provider; and / or-employees of a legal person to establish a commercial presence of that legal person on the territory of Argentina or to conduct market studies for that service provider. |
| Possibility of outoring multiple entries. | ||
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| a) The representatives of these service providers or the employees of these legal persons will not participate in direct sales to the public nor will they provide the services themselves. b) Refers solely to the employees of a legal person who does not already have a commercial presence in the Argentine territory. c) These representatives or employees will not receive any remuneration from sources located in the Argentine territory. Duration of stay: 90 days on extended national territory for another 90 days. III. Contract service providers Employees of legal persons The employees of a companion/company established abroad who enter, in a temporary way, in the Argentine territory to provide a service, according to one or several contracts concluded between their employer and one or several consumers of the service in the territory of Argentina. a) It is limited for the employees of companies established abroad who do not have a commercial presence in Argentina b) The legal person has obtained a contract for the provision of a service in the Argentine territory. c) The employees of these companies established abroad receive their remuneration from their employer. d) Employees possess academic qualifications and of any kind, suitable for the provision of the service. e) Mighty to carry out professional or technical activities, remunerated or not. Duration of stay: People who have obtained a civil contract or an invitation note specifying the reason for the invitation, the activity to be developed and, should it correspond, the remuneration that will receive the foreigner, can join and stay in the Argentine territory for 15 days extended for another 15 days. Persons who have obtained a contract or leasing of services or works and who enter to provide services to a natural or legal person radicalized in Argentina may join and stay in the Argentine territory for 1 year extended for equal period, indefinitely, while last for their condition as a contract worker. IV. Independent professionals The physical persons who temporarily enter the Argentine territory, with the aim of providing a service under a contract or several contracts awarded between these people and one or several service consumers located in Argentina, will be able to carry out professional or technical activities. a) The physical person who provides the service as a self-employed worker. b) The physical person who has obtained a service contract in Argentina c) If it is remunerated by the contract, such remuneration shall be received solely by the physical person. d) The physical person possesses the academic qualifications and of any kind suitable for the provision of the service. Duration of stay: People who have obtained a civil contract or an invitation note specifying the reason for the invitation, the activity to be developed and, if it matches, the remuneration that will receive the foreigner, may join and stay in the Argentine territory for 15 days extended for another 15 days. Persons who have obtained a contract or leasing of services or labor and who join to provide services to a natural or legal person, radicalized in Argentina, may join and stay in the Argentine territory for 1 year extended for equal period indefinitely while it lases for their contract worker condition. V. Representatives of foreign companies People who join Argentina in character of procuratorates of companies established abroad receive their remuneration from abroad, cannot provide services in the country with contract of employment or civil that links them with a company radicalized in Argentina. Duration of stay: An extended year for equal periods while lasting your condition of representative of the company. |
| Possibility of outoring multiple entries. | ||
| ?Argentina reserves the right to apply measures that restrict the movement of capital, in compliance with its present or future legislation. By applying these measures will not discriminate between Chile and any third country in the respect of operations of the same nature.? | |||||
| II.SECTORAL-SPECIFIC APPOINTMENTS | |||||
| 1.SERVIÇOS PROVIDED TO COMPANIES |
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| A. Professional services | 1), 3), 4) For the provision of professional services is required recognition of professional title, matriculation at the respective college and legal domicile fixation in Argentina. Legal domicile: it does not imply residency requirement. |
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| a) Legal services (CCP 861) | 1) No 2) No 4) No 4) No consolidated, except for the indicated in the horizontal section. | 1) No 2), No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Accounting services, auditing and writing (CCP 862) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| c) Tributary Advisory Services (CCP 863) | 1) No 2) None 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| d) Architecture services (CCP 8671) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| e) Engineering services (CCP 8672) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| f) Integrated engineering services for key projects in hand of manufacturing facilities (CCP 86733) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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ARGENTINA-LIST OF SPECIFIC APPOINTMENTS
Modes of provision: 1) Pressure transfronteiriça2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| Integrated engineering services for other key projects in hand (CCP 86739) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| g) Urban planning and landscape architecture services (CCP 8674) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| h) Medical and dental services (CCP 9312) | 1) Non-consolidated by non-regulated 2) No 3) No at national level 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated by not being regulated 2) No 3) None at national level 4) Non-consolidated, except for the nominee in the horizontal section. |
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| i) Veterinary services (CCP 932) | 1) Non-consolidated by non-regulated 2) No 3) No at national level 4) Not consolidated, except by the indicated in the horizontal section. | 1) Not consolidated by not being regulated 2) No 3) None at national level 4) Non-consolidated, except for the nominee in the horizontal section. |
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| j) Services provided by midwives, nurses, physiotherapists and paramedical staff (CCP 93191) | 1) Non-consolidated * 2) No 3) Not consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| Computer services and related services |
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| a) Services of consultants in the installation of computer equipment. (CCP 841) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Application services of computer programs (CCP 842) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| c) Data processing services (CCP 843) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| d) Services of databases (CCP 844) | 1) No 2) No 3) Non-consolidated 4) except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of delivery 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional comproms |
| e) Others (CCP 845 + 849) | 1) No 2) No 4) No 4) No consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| C. Search and development services |
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| a) Research and development services in Natural Sciences and Engineering (CCP 851) It does not include scientific and technical research in the Territorial Sea, the Exclusive Economic Zone and the Argentine Continental Shelf | 1) No 2) No 4) No 4) No consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) The grants for research and development are available only to the national providers. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Research and development services of the Social Sciences and Humanities (CCP 852) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) The grants for research and development are available only to the national providers. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| c) Interdisciplinary research and development services (CCP 853) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) The grants for research and development are available only to the national providers. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| E. Rental services without operators. |
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| b) Aircraft rental services without crew (CCP 83104) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| c) Leasing or rental services of other means of tranport without personal driver-free car leasing services (CCP 83101 + ' 83102 | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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Modes of delivery: 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commitments |
| F. other services provided to companies |
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| a) Advertising Services (CCP 871) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Markets study services and public opinion polls (CCP 864) | 1) No 2) None 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| c) Consulting services in administration (CCP 865) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| f) Services related to forestry:-serv. of plantation and nursery -servingsrelated to forest production such as poda, or raleio, forest inventories, health protection, and against fires. (CCP ver. 1.1-86140) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| e) Services of essays and technical analyses of composition and purity. (CCP 86761) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| h) Services related to mining (CCP 883 + 5115) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| i) Services related to manufacturing (CCP 884 + 885, except for those understood in position 88442) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| k) Services placement and supply of personnel. (CCP872) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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Modes of delivery: 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commitments |
| l) Research and security services (CCP873) | 1) Obligation to constitute itself in the national territory. 2) None. 3) The directing staff and employees of security and custody companies shall be Argentine citizens. The security companies should count on national participation. 4) In addition to the nominee in the horizontal section, the person, the directive and the employees of security and custody companies must be Argentine citizens | 1) No 2) No 3) The directional staff and employees of security and custody companies must be Argentine citizens. 4) In addition to the nominee in the horizontal section, the directing staff and employees of security and custody companies must be Argentine citizens |
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| n) Maintenance and repairing services (excluding embatons, aircraft, and other transport equipment) (CCP 633) | 1) Not consolidated * 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| The buildings cleaning services (CCP 874) | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| q.) Packaging services (CCP876) | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| r) editorial and press services (CCP88442) | 1) No 2) No 3) The property of journalistic enterprises is reserved exclusively for Argentinean nationals. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) The ownership of journalistic enterprises is reserved exclusively for Argentinean nationals. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| s) Services provided on the occasion of assemblies or conventions (CCP 87909 *) | 1) No 2) No 3) No 4) 4) Non-consolidated, except for the nominee in the horizontal section | 1) No 2) No 3) No 4) 4) Non-consolidated, except for the indicated in the horizontal section. |
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| t) Others (CCP 8790) | 1) No 2) No 3) Non-consolidated, except for the indicated in the horizontal section | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commons |
| 2.SERVIÇOS OF COMMUNICATIONS |
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| B. Courier services (CCP 7512) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| C. TELECOMMUNICATION SERVICES |
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| All subsectors | This offer does not include provision of the satellite facilities of the Satellite Fixed Service's geostationary artificial satellites. |
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| Services included in this column will be able to be provided upon any technological means (Ex: fiber optic, radielectric connections, atellites cable), with the exception of the limitations indicated in the access column to the markets. |
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| -Local basic telephone service and long-distance national distance (CCP 7521) | 1) No 2) No 4) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | -Local and long-distance basic telephone service (CCP 7521) |
| -International telephone (CCP 7521) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| - National data (CCP 7523 * *) | 1) No 2) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commit |
| -National Telex (CCP 7523 * *) l | 1) No 2) No 4) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| - Fac-simile National Storing and relay (CCP 7521 * * + 7529 * *) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| -International data (CCP 7523 * *) | 1) No 2) No 3) Non-consolidated 4) the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | See Adjunct Attachment |
| -Telex International (CCP 7523 * *) | 1) No 2) No 4) No 4) consolidated, except the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| -Fac-simile International Store and relay (CCP 7521 * * + 7529 * *) | 1) No 2) None 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| -Rented Circuits for telephony | 1) No 2) No 4) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| Ralued circuits for voice and international data | 1) No 2) No 4) No 4) consolidated, except the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | See Adjunct Attachment |
| Mobile services: Mobile phone service (STM) Personal Communications Service (PCS) Search of people (Paging) Concentration of enlaces (Trunking) Mobile data | 1) No 2) No 3) No STM lends itself to a duopolic regime staying determined the spectrum available in all exploration areas. In the Personal Communications Service (PCS), the enforcement authority will determine, as per present and future needs, the quantity of providers by operating areas. 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional commitments |
| h) Electronic mail (CCP 7523 * *) | 1) No 2) No 4) No 4) No consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| i) Voice mail (CCP 7523 * *) | 1) No 2) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| j) Extraction of online information and data bases (CCP 7523 * *) | 1) No 2) No 3) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| k) Electronic data exchange services (IED) (CCP 7523 * *) | 1) No 2) No 3) None 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| l) enlarged facsimile / value-added facsimile services, included storage and retransmission and the storage and retrieval (CCP 7523 * *) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| m) Conversion of codes and protocols | 1) No 2) No 3) Non-consolidated 4) except the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| n) Processing of data and / or online information (with inclusion of transaction processing) (CCP 843 * *) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| o) Others | 1) No 2) No 3) Non-consolidated, except the one indicated in the section horizontal. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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ARGENTINA-LIST OF SPECIFIC COMMITMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption abroad 3) Presence comercial4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional Compromments |
| 3. BUILDING SERVICES AND RELATED ENGINEERING SERVICES |
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| A. General construction work for edification (CCP 512) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| C. Armed of prefabricated constructions and installation works (CCP 514 + 516) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| D. Building finishing work (CCP 517) | 1) No 2) No 3) No consolidated 4) Not consolidated except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| E. Others (CCP 511 + 515 + 518) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 4. DISTRIBUTION SERVICES |
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| B. Commercial services wholesale (CCP 622) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| C. Commercial services to retail (CCP 631 + 632) 6111 + 6113 + 6121 | 1) No 2) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| D. Franchise services (CCP 8929) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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Modes of provision: 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional Compromments |
| 9. TRAVEL SERVICES AND SERVICES RELATED TO TRAVEL |
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| A.Hotels and restaurants (included overseas food sourcing services by contract) (CCP 641/643) | 1) No 2) No 3) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| B. Travel agency services and group travel organization (CCP 7471) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| C. Tour guide services (CCP 7472) | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| D. Other | 1) No 2) No 3) No consolidated 4) Not consolidated except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 11. TRANSPORT SERVICES |
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| A. Maritime transport services |
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| f. Ride-related support services |
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| Other ancillary services to transport by water (7459) |
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| Cleaning services, disinfection, fumigation, control of parasites, and similar services. | 1) No 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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Modes of provision: 1) Cross-border Provision 2) Consumption abroad 3) Commercial presence 4) Presence of Physical Persons
| SECTOR OR SUBSECTOR | Limitations to access to markets | Limitations to national treatment | Additional compromments |
| C. Aerial transport services |
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| Sale and commercialization of air transport services | 1) No 2) No 4) No 4) Non-consolidated, except the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| Services of computerized reservation systems | 1) No 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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ANNEX
Reach
The following, definitions, and principles referring to the regulatory milestone of basic telecommunications services.
Definitions
By users, the consumers of services and the service providers.
By essential facilities, the functions and elements of a public telecommunications network are understood that:
a)are provided exclusively or in a predominant manner by a single provider or by a limited number of providers; eb) whose replacement, with views to the provision of a service, is not feasible in the economic or technical aspect.
A dominant provider is one that has the ability to affect, in a relevant manner, the conditions of participation (from the point of view of prices and supply) in a given market of basic telecommunication services, as a result of:
control of the essential facilities; or
b) use of its position in the market.
1.Salvaguardas of the competition
1.1Prevenção of the practices anticompetitive in the sphere of telecommunications
Will be maintained adequate measures with the aim of preventing those providers who, individually or jointly, from being a dominant provider to employ or continue employing anti-competitive practices.
1.2Salvaguardas
The supra-competitive practices referred to above will include, in particular, the following:
a) carry out cross-subsidizing anticompetitive activities;
b)use information obtained from competitors with anticompetitive results; and
c) not to timely place at the disposal of the remaining providers of services technical information on essential facilities and information commercially pertinent that these will need to provide services.
2.Interconnection
2.1Este article refers to the access afforded between providers to enable access to customers, users, services or network elements.
2.2Interconexão that must be guaranteed
The interconnection with a provider dominant will be guaranteed at any technically doable point of the network. Interconnection agreements will be effected:
a) in terms and conditions (included the technical standards and specifications) and non-discriminatory pricing, and will be of a no less favourable quality than that available for their own similar services or for similar services from providers of non-binding services or to its affiliated or other linked companies;
b) in a timely manner, in terms and conditions (included the standards and technical specifications) and with transparent, reasonable and sufficiently disaggregated cost-based pricing so that the provider does not must pay for components or facilities of the network that do not require you for the provision of the service.
2.3Disponibilidade public of the interconnections negotiation procedures
Will be placed at the public's disposal of the procedures applicable to interconnection with a dominant provider.
2.4Transparência of the interconnection agreements
Garante-if all dominant provider will place at the public's disposal its interconnection agreements or a reference interconnect offer.
2.5Interconexão: solution of differences
Every service provider that request interconnection with a dominant provider can request:
a) at any time; or
b)after a reasonable time limit that has been publicly communicated that an independent national body resolves within a reasonable time the differences regarding the terms, conditions and prices of the interconnection, provided that these have not been established beforehand.
Universal 3.Serviço
Every Member is entitled to define the type of obligation of universal service that you wish to maintain. It will not be considered that the obligations of that nature are anticompetitive per se, under the condition that they are administered in a transparent manner, non-discriminatory and with neutrality in the competition, and are no more gravy than necessary for the type of universal service defined by the Member.
4.Public availability of the criteria for outoring licences
When a permit is required, they will be placed at the public's disposal:
a)all the licensing criteria and the deadlines normally required to make a decision regarding a license request; and
b) the terms and conditions of the licenses.
On request of the person concerned, the reasons for the denigration of the licence shall be communicated to you.
5.Independence of the regulator
The regulator will be independent of every basic telecom service provider, and will not respond to it. The decisions of the regulator and the applied procedures will be impartial in relation to all market participants.
6.Designation and use of scarce resources
Every procedure for the designation and use of scarce resources, such as the frequencies, numbers and rights of passage, will be done objectively, transparently and non-discriminatory. It will be placed at the public's disposal the current state of the designated frequency bands, but it does not have to identify in detail the frequencies assigned to specific official uses.
BRAZIL-SPECIFIC COMMITMENTS LIST
Modes of provision: 1) Cross-border Gift 2) Consumption in the Exterior 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| ALL OF THE SECTORS INCLUDED IN THIS LIST | 3. In accordance with the laws and regulations governing foreign investments, every foreign capital applied in Brazil must be registered at the Central Bank of Brazil so that they can remit funds abroad. The Central Bank of Brazil sets out the procedures regarding remittances and transfers of funds to the outside. Foreign providers of services wishing to provide services as a legal person should adopt one of the society-technical forms provided for in law in Brazil. The Brazilian law establishes distinction between the legal person and the physical persons who control it, which consequently confers independent life to the legal person. This results that the legal person has full rights and responsibilities under his or her patrimony and obligations. A corporation acquires the condition of a private law legal person by duly registering the respective social contract (Staff Regulations and / or Contract) to the competent Public Registry (RP). It is indispensable that the RP settlements contain the following information about the legal person: | 3) No 4) Non-consolidated, except for the nominee in the access column to markets. |
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| i. denomination, objects and location of headquarters; ii. description of the person who occupies directional positions, including persons bearing active and passive representation, judicial and extra-judicial; iii. the process of changing the administration devices; iv. provisions relating to the responsibilities of the administrators for acts that they practise; and v. provisions regarding their dissolution, which include the destination that will have their assets. Are they not considered legal persons by Brazilian law a?individual company? and the?partnership?. It will be able to establish joint venture by association of capital upon the constitution of any kind of commercial society provided for in Brazilian law (usually this is a Private Limited Liability Company or an Anonymous Society). It can also establish joint venture by means of consortium, which is neither legal person nor a type of capital association. The consortium is used mainly in major service contracts. It is the association of two or more companies for the joint realization of a specific purpose. Each associate of the consortium maintains its own organizational structure. 4) Non-consolidated, except in cases that refer to measures affecting the entry and temporary stay in Brazil concerning the following categories of persons: 1. Personnel transferred within the same company Definition: The employees of a company/association/company established in the territory of a Party that are temporarily transferred to the provision of service upon commercial presence in the territory of Brazil. There must be an association relationship between the service provider installed on the territory of Brazil and its head office abroad. There must be a vacancy corresponding to the post. It is understood by employees: i) Executives Definition: Executives are those who primarily take charge of the management of the organization and have ample freedom of action to make decisions. To appoint an executive or director, the following requirements must be met: (a) the investment must be at minimum US$ 50,000.00, whenever the company creates 10 new jobs during the first two years since the establishment or entry of the executive or director; or b) the company must have invested in Brazil a minimum of US$ 200,000.00. Duration of stay: up to three years, extended, for a single time, for equal period, in accordance with national laws and regulations. ii) Managers Definition: Managers are those who primarily take charge of the direction of the organization or some of their departments or subdivisions and supervise and control the work of other supervisors, directors or practitioners. To appoint a manager or administrator, they must meet the following requirements: (a) the investment should be at minimum US$ 50,000.00, whenever the company creates 10 new jobs during the first two years since the establishment or entry of the manager or administrator; or b) the company must have invested in Brazil a minimum of US$ 200,000.00. Duration of stay: up to three years, extended, for equal period, a single time, in accordance with national laws and regulations. iii) Specialists Definition: The experts are those who possess expertise from an advanced level, essential for the establishment / provision of the service and / or have private domain knowledge of the organization. The relevant contracts must be approved by the Ministry of Labour. For such approval, it is taken into account the compatibility of the person's qualifications with the commercial sector in which it operates the company, as well as its professional experience, which must be three years at the earliest. The company must justify the need to hire such professionals and technicians taking into account similar professionals and technicians available in Brazil. |
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LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of provision: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
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Sector or subsector | Limitations to access to markets | Limitation to national treatment | Additional appointments |
| ALL SECTORS INCLUDED IN THIS LIST | Legal persons must respect the ratio of at least two Brazilians per every three employees. Duration of stay: up to two years, extended, for a single time, for equal period, in accordance with national laws and regulations. 2. Persons on business visit i) Services sales Definition: Representatives of a service provider who temporarily enter the territory of Brazil to sell services or conclude agreements on the sale of such services to that service provider and / or attend meetings in that context. The representatives of these service providers will not participate in direct sales to the public nor will they provide the services themselves. They will also not receive any remuneration from sources located in the territory of Brazil. Duration of stay: up to ninety (90) days, extended, for a single time, for equal period, in accordance with national laws and regulations. ii) People responsible for establishing commercial presence Definition: Employees of a legal person with the aim of establishing a commercial presence of that legal person in the territory of Brazil and / or attending meetings in that context. The employees of these legal persons shall not participate in direct sales to the public nor shall they provide the services themselves. They refer solely to the employees of a legal person who has no commercial presence in the territory of Brazil. These employees will not receive any remuneration from sources located in the territory of Brazil. To establish commercial presence, people on business visit must designate as a representative a resident in Brazil. Duration of stay: up to ninety (90) days, extended, for a single time, for equal period, in accordance with national laws and regulations. 3. Service providers by contract-Employees of legal persons Definition: The employees of a companion/company established abroad who temporarily enter the territory of Brazil with the aim of providing service in accordance with a contract concluded between their employer and a consumer of the service in the territory of Brazil. |
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LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of provision: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| ALL SECTORS INCLUDED IN THIS LIST | Limits to the employees of established companies abroad who do not have a commercial presence in the territory of Brazil. The employees of these companies established abroad receive their remuneration from their employer. The employees possess academic and other appropriate qualifications for the provision of the service. The legal person of the other Party shall obtain a contract of services for the provision of the service in the territory of Brazil. The consumer of the service must be a legal person established in Brazil. There must be a technological assistance contract or technology transfer agreement between the foreign company and the consumer of the service established in Brazil. For each foreign professional included in the contract, they must provide themselves with) justifying the need for the services of the professional in question, taking into account the availability of professionals in Brazil and b) evidence that the professional has a prior experience of at least 3 years. In the case where the foreign company does not count on Brazilian professionals, there should be a training plan that will behold the formation of Brazilian professionals. Duration of stay: up to one year, extended, for a single time, for equal period, in accordance with national laws and regulations. 4. Professional Independent Definition: A physical person, who between temporarily in Brazil, with the aim of providing a service under contract of work outored by a legal person established in the territory of Brazil. Legal persons must respect the proportion of at least two Brazilians for every three employees. The relevant contracts must be approved by the Ministry of Labour. For such approval, it is taken into account the compatibility of the person's qualifications with the commercial sector in which it operates the company, as well as its professional experience, which must be for a minimum of three years, and its schooling, which must be superior. The company must justify the need to hire such professionals taking into account similar professionals available in Brazil. |
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LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of provision: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| ALL SECTORS INCLUDED IN THIS LIST | Duration of the stay: up to one year, extended, for a single time, for equal period, in accordance with national laws and regulations. 5. Trainees Definition: Person, national of Chile, who will come to Brazil to carry out the practical part of higher education or professional character, which, associated with the theoretical part, contribute to their professional outreach. Should it be drawn up?Term of Appointment? between the trainee and the Brazilian company or institution, with the participation of an intermediary, which may be: a student exchange entity, officially recognized; an international cooperation body; or sectors of international cooperation from different Ministries of the Federative Republic of Brazil The trainee may be a beneficiary solely of the fellowship, and will not be considered an employee of the company. Duration of stay: up to 1 year The employee of a company established in the territory of Chile who is admitted to Brazil as a trainee in a branch office or representative office in Brazil should meet the following criteria: remuneration should occur solely abroad by the company established in the Chilean territory; and it requires permission from the Ministry of Labour and Employment Duration of the stay: up to 1 year For all categories: they will apply for all the remaining requirements, laws and regulations regarding entry, stay and work. The work permit will be subject to the performance of the duties for which it was granted with permission from the Ministry of Labour and Employment. |
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LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Presence Comercial4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| II-APPOINTMENTS CONCERNING SPECIFIC SECTORS | |||
| 1. SERVICES PROVIDED TO COMPANIES | |||
| A. Professional services a) Legal services (CPC 861) Only for consultancy in Chilean law | 1) No 2) Every lawyer's society should constitute itself in the form of Civil Society. It is expressly forbidden to exercise the judicial prosecutor's office by foreigners, either by you or by third parties, directly or indirectly. Every lawyer's society shall be constituted solely by physical persons, Brazilians or foreign nationals residing in the country, duly enrolled in the Order of Advogados of Brazil (OAB). Attorneys ' societies can only provide advocacy services, vetoed to multidisciplinarity. Chilean lawyers, even if they do not reside in Brazil and who do not revalidate their Diploma, can act in Brazil, as consultants in the Chilean Law, after special enrollment that gives them the Order of Advogados of Brazil. Registration at the OAB will have the shelf life conditional on that of the stay visa, in those cases where it is not required to be seen from residence. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) Every Lawyers ' Society must constitute itself in the form of Civil Society. It is expressly forbidden to exercise the judicial prosecutor's office by foreigners, either by you or by third parties, directly or indirectly. Every lawyer's society should be constituted exclusively by physical persons, lawyers duly enrolled in the Order of Lawyers of Brazil (OAB), Brazilians or foreigners, but residents in the country. Attorneys ' societies can only provide advocacy services, vetoed to multidisciplinarity. Chilean lawyers, even if they do not reside in Brazil and who do not revalidate their Diploma, can act in Brazil, as consultants in the Chilean Law, after special enrollment that gives them the Order of Advogados of Brazil. Registration at the OAB will have the shelf life conditional on that of the stay visa, in those cases where it is not required to be seen from residence. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Accounting, auditing, and writing (CPC 862) | 1) Non-consolidated, however a provider of foreign services can cede its name to Brazilian professionals. 2) Non-consolidated. 3) The participation of non-residents in legal persons controlled by Brazilian citizens is not permitted. A foreign service provider may not use its foreign name, but it may cede it to Brazilian professionals who will constitute a new legal person in Brazil and participate fully in it. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) Special registration requirements for the counters wishing to audit the accounts of companies such as financial institutions or savings and loan cooperatives. The Brazilian accounting and auditing standards must be respected. 4) Non-consolidated, except for the indicated in the horizontal section |
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| c) Tributary Advisory Services (CPC 863) | 1) Non-consolidated 2) No 3) The participation of non-residents in legal persons controlled by Brazilian nationals is not permitted. It is expressly vetted the exercise of the judicial prosecutor's office by foreigners. If it comes to advice provided by lawyers, they should be observed, ademals, the restrictions on legal services. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) No 3) The participation of non-residents in legal persons controlled by Brazilian nationals is not permitted. It is expressly vetted the exercise of the judicial prosecutor's office by foreigners. If it comes to advice provided by lawyers, they should be observed, ademals, the restrictions on legal services. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| d) Architecture services (CPC 8671, except 86719) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers should join Brazilian service providers in a particular type of legal entity: the?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| CPC 86719, include-if only services that require the expertise of architects: the elaboration and presentation of dissemination material, the elaboration of definitive plans?, the constant representation on the ground during the construction phase, the supply of instruction manuals. | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers are to join Brazilian service providers in a given type of legal entity: the?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No. 4) Non-consolidated, except by the nominee in the section Horizontal |
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| e) Engineering services (CPCs 86721, 86722, 86723, 86724, 86725, 86726, 86727, except 86729) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers must join Brazilian service providers in a particular type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| CPC 86729, include only geotechnical engineering services provided by engineers and architects endowed with the knowledge needed to design diverse projects, the engineering services of underground surfaces, which consist of the valorisation, study of contamination and quality control of the underground aquifer resources, the technical services specializing in inspection programs, detection and control of corrosion and the investigation of faults and avairies | 1) Non-consolidated 2) No consolidated 3) None, except that foreign service providers should join Brazilian service providers in a given type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| f) Integrated Engineering Services (CPC 8673) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers must join Brazilian service providers in a determined type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| g) Urban planning and landscape architecture services (CPC 8674) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers must join Brazilian service providers in a particular type of legal entity: the?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
|
| i) Veterinary services (CPC 932) | 1) No 2) No 3) Non-consolidated 4) by the nominee in the horizontal section | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| B. Computer services and related services (CPC 84, except 8499) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section |
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| E. Leasing or rental services without operators a. Leasing or rental of craft without crew (CPC 83103) | 1) No 2) No 3) Mercantile rental societies must adopt the legal form of anonymous societies. 4) Non-consolidated, except for the nominee in the horizontal section | 1) None, except that foreign vessels, including when leased by Brazilian company of navigation, must pay the headlamp utilization rate (TUF), excepted cases where there are agreements signed by the country with specific reciprocity clause 2) None, except that foreign vessels, including when leased by Brazilian shipping company, shall pay the headlamp utilization rate (TUF), excepted cases where there are agreements signed by the country with specific reciprocity clause 3) No 4) Non-consolidated, except for the nominee in the section horizontal |
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| b. Leasing or rental of aircraft without crew (CPC 83104, excluded from granting public air services) | 1) Non-consolidated 2) No 3) Mercantile rental companies must adopt the legal form of anonymous societies. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
|
LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments | |
| c. Leasing or rental of other means of transport without operators (CPC 83101 + 83102 + 83105) Only for land transport | 1) Non-consolidated 2) No 3) The societies of mercantile lease should adopt legal form of anonymous 4) Non-consolidated companies, except for the nominee in the horizontal section | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
| |
| F.Other services provided to companies a) Publicity (CPC 871) | 1) Foreign participation in production is limited to the Tuesday part of the film of the advertising films. A greater participation is conditional on the employment of Brazilian artists and companies. The language of the advertising films should be the Portuguese, unless the subject of the film requires the employment of another language. 2) Non-consolidated 3) In addition to the conditions mentioned in paragraph 1) above, foreign participation is limited to 49% percent of the capital of companies established in Brazil. The direction should remain in the hands of the Brazilian associates. The professionals are subject to the Brazilian Code of Ethics of Advertising Professionals. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated. 2) Non-consolidated 3) Foreign producers must live in Brazil for at least three years before they are allowed to produce films. Brazilian advertising films will benefit from smaller values of CONDECINE. 4) Non-consolidated, except for the nominee in the horizontal section |
| |
| b) Markets study services and public opinion polls (CPC 864) | 1) Not consolidated 2) No 3) No consolidated 4) Not consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) No 3) No consolidated 4) Not consolidated, except for the indicated in the horizontal section |
| |
| c) Consultancy services in administration (CPC 865) | 1) Non-consolidated 2) No 3) No 4) consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) No 3) No 4) Not consolidated, except for the nominee in the horizontal section |
| |
| d) Services related to those of consulting in Administration (CPC) 866) | 1) Non-consolidated 2) Not consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) Not consolidated, except for the indicated in the horizontal section |
| |
| e) Services of tests and analyses techniques (CPC 8676), except for the regulated sectors (compulsory field), in modes 1 and 2. | 1) No 2) No 3) Nenhuma5 4) Non-consolidated, except for the nominee in the horizontal section | 1) No 2) No 4) No 4) No 4) Not consolidated, except for the indicated in the horizontal section |
| |
| f) Services related to agriculture, hunting and reforestation (CPC 881) | 1) Non-consolidated * 2) Non-consolidated 3) In areas close to national borders, actions concernable to colonization and rural lotements are forbidden. If and when authorized, 51% of the capital of service providers must belong to Brazilian citizens and the Administration must be constituted in its majority by Brazilian citizens, which they should exercise control of. A foreigner resident in Brazil and a foreign legal person authorized to develop activities in Brazil will only be able to acquire rural properties under Brazilian law. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
| |
| g) Services related to fishing (CPC) 882) Does not include the property of fishing vessels | 1) Non-consolidated * 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 3) Non-consolidated 3) Not consolidated, except by the indicated in the horizontal section |
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| h) Mining-related services (CPC 5115) | 1) Non-consolidated * 2) No 3) The research and washbasin of mineral resources and the harnessing of hydraulic power potentials will only be able to be effected by Brazilians or companies constituted under Brazilian laws and have their headquarters and administration in Brazil. In the border zone, industries that are considered to be of interest to national security, as related in decree of the Executive Power and those intended for research, lavra, exploration and exploitation of mineral resources, except those of immediate application in the civil construction, thus classified under the Mining Code, should have 51% of the capital in the hands of Brazilian citizens and most of the administrative or managerial positions occupied by Brazilians, assured their decision-making powers. In the case of a physical person or individual company, only the Brazilians will be allowed the establishment or exploitation of the service. Foreign service providers should join with Brazilian providers of services in a given type of legal entity, the consortium; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) The research and washing of mineral resources and the harnessing of hydraulic energy potentials will only be able to be effected by Brazilians or companies constituted under the Brazilian laws and to have their headquarters and administration in Brazil. In the border zone, industries that are considered to be of interest to national security, as related in decree of the Executive Power and those intended for research, lavra, exploration and exploitation of mineral resources, except those of immediate application in the civil construction, thus classified under the Mining Code, should have 51% of the capital in the hands of Brazilian citizens and most of the administrative or managerial positions occupied by Brazilians, assured their decision-making powers. In the case of a physical person or individual company, only the Brazilians will be allowed the establishment or exploitation of the service. Foreign service providers should join with Brazilian providers of services in a given type of legal entity, the consortium; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section and by the following limitation: in the case of foreign professionals carrying temporary work visas, the contracting entity shall hold, together with the foreign professional, by the term of the contract or its extension, Brazilian assistant of equivalent graduation. |
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| i) Services related to manufacturing production (CPC 884 + 885, except 88412, 8843, 88442, 8845, 8855, 8857, 8857) | 1) Not consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
| |
| k) Human resource placement and supply services (CPC 872) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
| |
| l) Investigation and security services (CPC 873 except 87309) | 1) No consolidated 2) Non-consolidated 3) It is prohibited to foreigners the ownership and administration of the provision of specialized research and security services. 4) Non-consolidated, except for the indicated in the horizontal section | 1) No 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
| |
| n) Equipment maintenance and repair services (excluded the vessels, aircraft, and too much transport equipment) (CPC 633 + 8861 + 8863 + 8864 + 8866 + 8866, except 63309) | 1) Not consolidated * 2) Not consolidated 3) Not consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
| |
| o) Built-in cleaning services (CPC 874) | 1) Not consolidated * 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Not consolidated, except for the indicated in the horizontal section |
| |
| p) Photographic services (CPC 87501, 87502, 87503, 87505, 87507, 87507) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) Not consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section |
| |
| p.1. Specialized photography services (CPC 87504 + 87509) | 1) Non-consolidated 2) No 3) Commercial presence permission will be heard from legal persons constituted in compliance with national laws and regulations, which have their registered office and administration in Brazil and have by social object the execution of aerolevanment service. The participation of foreign entity, in the exceptional cases and in accordance with the public interest, requires permission from the President of the Republic. The interpretation and translation of the data is to be carried out in Brazil, under full control of the national entity responsible for the instruction of the authorization process. 4) Non-consolidated, except for the nominee in the horizontal section | 1) Non-consolidated 2) No 3) The commercial presence permit will be heard from the legal persons constituted in compliance with national laws and regulations, which have for social purpose the execution of aerolevanisation service. The participation of foreign entity, in the exceptional cases and in accordance with the public interest, requires permission from the President of the Republic. The interpretation and translation of the data is to be carried out in Brazil, under full control of the national entity responsible for the instruction of the authorization process. 4) Non-consolidated, except for the indicated in the horizontal section |
| |
| q) Packaging services (CPC 876) | 1) Not consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No consolidated 3) No 4) Not consolidated, except for the nominee in the horizontal section |
| |
| s) Convening services (CPC 87909) | 1) Not consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section |
| |
| t) Other Translation and interpretation services (excluded the official translators) (CPC 87905) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Not consolidated 2) Not consolidated 3) No 4) Not consolidated, except for the indicated in the horizontal section |
| |
| COMMUNICATIONS SERVICES | ||||
| B. Courier services (CCP 75121) Do not include in this offer the receipt, transportation and distribution, in the national territory, and the sending, to the outside, of letter, postcard and grouped correspondence, tamely the manufacture, issuance of stamps and other postal franchise means. | 1) No 2) No 3) No consolidated 4) Not consolidated, except for the indicated in the horizontal section | 1) No 2) No 4) No 4) No 4) Not consolidated, except for the indicated in the horizontal section |
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| C. TELECOMMUNICATION SERVICES i) The Federal Constitution of Brazil guarantees all the acquired rights of the service providers already established in Brazil. The legislation confers on the Executive Power the prerogative to study the establishment of limits on foreign participation in the capital of telecommunications service providers. ii) Every service provider wishing to provide a telecommunications service in Brazil should obtain a license from Anatel. Only if they will be granted licenses to properly constituted companies under the Brazilian legislation, which requires the central office and the administration to be located in Brazilian territory and that most of the shares entitled to vote are owned by physical persons residing in Brazil or from companies duly constituted under Brazilian law, which requires the central office and the administration to be located in Brazilian territory. iii) This List does not include any related commitment to activities in which the transportation of information takes place upon a telecommunications service. The regulation of the content and the treatment of these activities are in charge of their respective sectors. iv) Authorizes foreign satellites access to the market of Brazil, and decisions of regulatory character in that regard are adopted upon a transparent and objective process, and on the basis of reciprocity. Telecommunication service providers shall use Brazilian satellites when technical, operational or commercial conditions are equivalent to those offered by foreign satellites. v) It is possible to limit the number of wireless telecommunications service providers by reason of availability of spectrum. vi) Brazilian legislation does not consider that the added value services are telecommunication services. | ||||
LIST OF BRAZIL-SPECIFIC APPOINTMENTS
Modes of delivery: 1) Cross-border Presence 2) Consumption Abroad 3) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional Commenactments |
| 2.C TELECOMMUNICATIONS SERVICES Local, Long-Distance and International Services, for public use or not, provided through any network technology (cable, satellite, etc) a) Voice telephone services b) Broadcasting services by switching packages c) Data Transmission Services by Switching of Circuits d) Telex Services and) Telegraphic Services f) Facsimile Services (g) Services Rental of Private Circuits | Non-consolidated 2) No, except for the indicated in the horizontal section of this subsector and in the horizontal commitments section 4) Non-consolidated, except by the indicated in the horizontal section | 1) Non-consolidated 2) Non-consolidated 3) None, except for the nominee in the horizontal section of this subsector and in the section of horizontal commitments 4) Non-consolidated, except for the indicated in the horizontal section |
|
| o) Other basic telecommunications services analog and digital mobile services (800 MHz, 900 MHz, 1800 MHz, 1900/2100 MHz) Global mobile services by satellite Services Paying Trunking Services (460 MHz, 800 MHz, 900 MHz) | 1) Non-consolidated 2) Not consolidated 3) None, except for the indicated in the horizontal section of this subsector and in the horizontal commitments section 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) None, except for the indicated in the horizontal section of this subsector and in the horizontal commitments section 4) Non-consolidated, except for the indicated in the horizontal section |
|
| D. Audiovisual Services production services and distribution of tapes and video tapes (CPC 9611) | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated 4) No consolidated, except for the indicated in the horizontal section | 1) Non-consolidated, except for the application of the CONDECINE rate, in which Chilean cinematographic works will receive the same treatment given to Brazilian works. 2) Non-consolidated, except as to the application of the CONDECINE rate, in which Chilean cinematographic works will receive the same treatment given to Brazilian works. 3) Non-consolidated, except as to the application of the CONDECINE rate, in which Chilean cinematographic works will receive the same treatment given to Brazilian works. 4) Non-consolidated, except for the nominee in the horizontal section |
|
LIST OF SPECIFIC COMMITMENTS FROM BRAZIL
Modes of delivery: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| 3. ENGINEERING SERVICES AND SERVICES RELATED TO ENGINEERING | |||
| A. General construction services for edifices (CPC 512) B. General construction services for civil engineering (CPC 513) | 1) Non-consolidated * 2) No 3) None, except that foreign service providers must join the Brazilian service providers in a particular type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| C. Installation, assembly and maintenance and repair of fixed structures (CPC 514 + 516) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers should join Brazilian service providers in a determined type of legal entity: the?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| D. Completion and Encoding Completion services (CPC 517, except 5179) | 1) Non-consolidated 2) Non-consolidated 3) None, except that foreign service providers must join Brazilian service providers in a determined type of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| E. Others (CPC 511 + 515 + 518) | 1) Non-consolidated * 2) Non-consolidated 3) None, foreign service providers should join Brazilian service providers in a type determined of legal entity: o?consortium?; the Brazilian partner will keep the direction. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| 4. DISTRIBUTION SERVICES | |||
| A. Services of commissioning agents (CPC 621) | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Nehuma 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| B.Wholesale trade (CPC 622, except CPC 62271) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional commit |
| C. Trade retailer (CPC 631 + 632, except 63297) | 1) Non-consolidated 2) Non-consolidated 3) Not consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| D. Franchising Services (CPC 8929) | 1) No 2) Not consolidated * 3) No 4) consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated * 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 5. EDUCATION SERVICES The commitments made in that sector are subject to the following general conditions: i) The association between Brazilian and foreign Higher Education Institutions (IES) can be given upon formalization of inter-institutional arrangements. In any case, the offer of courses, jointly, will only be able to occur upon authorization and recognition established in Law. They are subject to the procedures of revalidation of diplomas that are not issued by a Brazilian IES. (ii) Education institutions established in the national territory shall submit the identical assessment to which the equivalent national educational institutions are submitted. Proofs, activities, qualification and dissertation defences or thesis must be presential. iii) Distant education may be offered by institutions specifically accredited and authorized by the Brazilian public power. Iv) The certificates and diplomas of courses the distance issued by foreign institutions, even when carried out in cooperation with institutions based in Brazil, should be revalidated to generate legal effects, in accordance with the prevailing standards for presential education | |||
| C. Higher education services (CPC rev1 923) Other higher education services-Post-graduate Lato Sensu and Stricto Sensu | 1) Non-consolidated 2) No 3) No 4) consolidated | 1) Non-consolidated 2) No 3) No 4) Unconsolidated |
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| D. Adult education services n.c.p. (CPC 9240) | 1) No 2) No 3) No 3) Unconsolidated 4) | 1) No 2) No 4) No 4) Non-consolidated |
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| E. Other education and training services (CPC 9290) Only for Language Courses | 1) No 2) No 3) No 4) Non-consolidated | td width=134 valign=top style='width: 100.2pt; border-top:none; border-left: none; border-left: none; border-bottom:solid windowtext 1.0pt; border-right:solid windowtext 1.0pt; padding: 0cm 0cm 0cm 0cm '>
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LIST OF SPECIFIC COMMITMENTS FROM BRAZIL
Modes of provision: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Setor or subsector | Limitations to access to markets | Limitations to national treatment | Additional appointments |
| 6. ENVIRONMENT-RELATED SERVICES The commitments regarding the services listed below are restricted to the business between private sector providers and consumers. | |||
| B. Solid waste services (CPC 9402) | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, which may establish specific conditions It requires technology transfer to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, who can establish specific conditions Rewant transfer of technology to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| Combustion gas cleaning services (CPC 9404) | 1) Non-consolidated 2) No Consolidated 3) The provision requires license from the public authorities, which can establish specific conditions Transfer of technology to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, who can establish specific conditions Rewant transfer of technology to ensure symmetric benefits in the association of domestic and foreign 4) Non-consolidated, except for the indicated in the horizontal section. |
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| XX_ENCODE_CASE_CAPS_LOCK_On noise reduction services (CPC 9405) | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, who can establish specific conditions Rewant transfer of technology to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The provision requires license from the public authorities, which may establish specific conditions. It requires technology transfer to ensure symmetrical benefits in the association of nationals and foreigners. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 9. TOURISM SERVICES | |||
| A. Hotels and Restaurants (CPC 641 + 642 + 643) | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) Brazilian companies operating in the Amazon and Northeast region benefit from certain tax incentives. Other incentives are granted only to those companies whose majority of capital is in the hands of citizens or Brazilian legal persons. 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| B. Travel agency and tour operators (CPC 7471) | 1) Not Consolidated * 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 3) Non-consolidated 3) Not consolidated, except for the indicated in the horizontal section. |
|
| C. Tour guides (CPC 7472) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional Compromments |
| 11. TRANSPORT SERVICES | |||
| A. Shipping services (passengers, CPC 7211, and CPC cargo 7212, except cabotage transport services (see note on shipping services) | 1) a) passengers: Non-consolidated; (b) cargo, none, except in the case of the loads whose carriage is reserved to ships with flag of Brazil, in accordance with the national laws and regulations (see adjoint note). 2) No 3) None, except: a) Transport service presence: the commercial presence requires the constitution of a Brazilian shipping company in accordance with national laws and regulations, requiring, among others, possession of at least one vessel and sufficient capital resources for the activity to be explored. In order for a ship to fly the Brazilian flag, it must be registered under the national legislation and entered into the National Register or the REB; 4) None, except: (a) the nominee in the horizontal appointments; (b) on the Brazilian flag ships inscribed in the National Register, shall necessarily be Brazilian citizens the commander, the head of machines and 2/3 of the crew. Should the vessel count on the Brazilian Special Register (REB), only the commander and the head of machines will necessarily be Brazilian citizens | 1) None, except that the ships foreigners must pay the rate of use of beacons. 2) No 3) No 4) None, except the nominee in the horizontal commitments | International maritime transport service providers will have access to the following port services, under reasonable and non-discriminatory conditions, in accordance with national laws and regulations: 1. Practicing 2. Assistance in towing and traction 3. Storage of vivers, fuel and water 4. Pick-up and disposal of waste, waste and ballast 5. Services of Captain inspector 6. Navigation aid services 7. Services on land, included those for communications and water supply and electric power 8. Repair of urgency 9. Anchoring, eye-catching and pier services (muellaje) |
| B. Ancillary services for shipping cargo handling services (as indicated under section 2 of the Definitions) | 1) Non-consolidated * 2) None 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
|
| Storage services (CPC 742) | 1) Non-consolidated * 2) No 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding, as well as national customs laws and regulations. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional commit |
| Customs dispatch services (as indicated in point 3 of Definitions) | No 3) No 3) None, except that the occupation of public character zones in ports is subject to availability and concession procedures, or to public bidding, as well as to the laws and national customs regulations. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
|
| Service stations and container depots (as indicated in point 4 of the Definitions) | 1) Non-consolidated * 2) No 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding, as well as to national customs laws and regulations. 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated * 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
|
| Services of maritime agencies (as indicated in point 5 of the Definitions) | 1) No 2) None 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding. 4) Non-consolidated, except for the indicated in the horizontal section | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| Maritime forwarding services (as indicated in point 6 of the Definitions) | 1) No 2) No 3) None, except that the occupation of public character zones in the ports is subject to availability and concession procedures, or to public bidding. 4) Non-consolidated, except for the indicated in the horizontal section | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section |
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| Maintenance and repair of vessels (CPC 8868) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section | 1) Non-consolidated 2) Not consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section |
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| Retowing services (7214) | 1) Non-consolidated 2) Non-consolidated 3) The commercial presence requires the constitution of a Brazilian shipping company as per national laws and regulations, requiring, among other requirements, the possession of at least one vessel and sufficient capital resources to the activity to be explored 4) Non-consolidated, except by the nominee in the horizontal section. To arvate the Brazilian flag, it will necessarily be Brazilians the commander, the head of machines and 2/3 of the crew. Should the vessel count on the Brazilian Special Register (REB), it will necessarily be Brazilians only the commander and the head of machines | 1) Non-consolidated 2) Non-consolidated 3) A commercial presence requires the constitution of a Brazilian shipping company as per national laws and regulations, requiring, among other requirements, the possession of at least one vessel and sufficient capital resources to the activity to be explored 4) Non-consolidated, except by the indicated in the horizontal section. |
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LIST OF SPECIFIC COMMITMENTS OF BRAZIL
Modes of provision: 1) Cross-border Provision 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitations to national treatment | Additional Compromments |
| DEFINITIONS 1. By other forms of commercial presence for the provision of?international shipping services? whether it understands the ability of international shipping service providers belonging to other Parties to carry out locally all the activities necessary to provide their customers with a partial or fully integrated transport service, of which the shipping constitutes substantial element. These activities comprise: (a) marketing and sale of shipping services and related services by direct relationship with customers, from the presentation of the price to the billing, services that will carry out or offer the service provider itself with which the service vendor has established permanent trade agreements; (b) acquisition, on its own or on behalf of its customers (and the resale to its customers) of transport services and related services, including any mode of land transport, especially by inland waterways, highways and railways, necessary to provide the integrated service; (c) preparation of the documentation relating to transport documents, customs documents or other documents related to the origin and character of the goods transported; d) provision of commercial information by any means, included computerized systems and exchange data electronic (subject to the reservation of the provisions in the Annex on Telecommunications of the General Agreement on Trade in Services of the World Trade Organization); and) establishment of commercial provisions (included participation in a company's shares) and appointment of contracted personnel in the country (or, in the case of foreign personnel, under the reservation of the horizontal commitment on personnel movement) with any existing maritime transport agency in the country; f) activities on account of the companies to arrange the scales of the ships or accept the load, proceed second. 2. By?handling services of the cargo object of shipping? if it understands activities exerted by companies of dockers, included the terminal operators, but not the direct activities of the workers of the piers, when this work force is organized independently of the companies of the dockers or the terminal operators. Included are the activities of organizing and supervising:-loading and unloading of ships;-the mooring and untethering of the cargo;-the reception / delivery and custody of the cargoes in the port areas before boarding or after the discharge. | |||
| 3. By?customs dispatch services? (or?services of customs agents?) whether it understands activities of carrying out, on account of the other party, customs formalities related to the import, export or transport in transit of loads, both if this service constitutes the main activity of the service provider as a customary complement to its main activity. 4. By?service of stations and container depots? if you understand the storage of containers, be it in port areas, be it inland, with views to your loading / emptying, repair and supply for your employment on transport. 5. By?services of maritime agencies? whether it understands the activities of representation, in a given geographical area, of the commercial interests of one or several shipping lines or shipping companies, with the following purposes:-marketing and sale of maritime transport services and related services, from pricing to invoicing and dispatch of the knowledge of lading on behalf of the companies; acquisition and resale of the necessary related services, preparation of documentation and provision of information commercial;-acting on behalf of the companies, arranging the scale of the vessel or taking charge of the goods if necessary. 6. By?services of maritime freight forwarders? whether it understands the activity of arranging and surveying transport operations on behalf of the forwarders, upon the acquisition of transport services and related services, the preparation of the relevant documentation and the provision of commercial information. NOTE ON MARITIME TRANSPORT SERVICES 1. Passenger or cargo cabotage transport services comprise all passenger or cargo shipping services carried out between a port or point located in the territory of Brazil and another port or point located in the same territory, included the so-called enlace services and the movement of equipment. 2. The loads whose transport is reserved to the flag vessels of Brazil are described in the national laws and regulations, included the transport of cargo acquired by the Government, the transport of crude oil and its derivatives; 3. The present offer is also conditional on the international agreements of which Brazil is a contracting party. | |||
LIST OF SPECIFIC COMMITMENTS FROM BRAZIL
Modes of provision: 1) Pressure Cross-border 2) Consumption Abroad 3) Commercial Presence 4) Presence of Physical Persons
| Sector or subsector | Limitations to access to markets | Limitation to the national treatment | Additional appointments |
| C. Air transport services Maintenance and repair of aircraft (CPC 8868) | 1) No 2) No 3) The foreign company is to receive presidential clearance to function and is thanks to keep, on a permanent basis, a representative in Brazil to resolve any issues and receive judicial citation by the society. The company must be approved by the National Civil Aviation Agency (ANAC), as per the parameters of the OACI. 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) The foreign company must receive presidential authorization to function and is obliged to maintain, on a permanent basis, a representative in Brazil to resolve any issues and receive judicial citation by the society. The company must be approved by the National Civil Aviation Agency (ANAC), as per the parameters of the OACI. 4) Non-consolidated, except for the indicated in the horizontal section. |
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| E. Rail transport services Transport of charges (CPC 71121, CPC 71123, CPC 71129) | 1) Non-consolidated 2) Non-consolidated 3) Government authorization is required. The granting of new authorizations is discretionary. One can limit the number of service providers. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| F. Road transport services Transport of loads (CPC 71231, CPC 71233, CPC 71234) | 1) Non-consolidated 2) Non-consolidated 3) None, except with respect to transportation ground international, as provided for in the Agreement on International Terrestrial Transportation adopted by Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay. 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| G. Transport by pipelines Transport of other products (CPC 7139 excluded hydrocarbons) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| H. Ancillary services for all kind of transport to) Chartering and discharge services (CPC 741) b) Storage services (CPC 742) | 1) Non-consolidated 2) No consolidated 3) None 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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LIST OF SPECIFIC APPOINTMENTS IN THE SERVICES
LIST OF CHILE
| HORIZONTAL APPOINTMENTS. | |
| ALL SECTORS INCLUDED IN THIS LIST |
i.-Payments and transfers The payments and capital moves effected within the framework of this Agreement will be subject to Article XIII and the provisions of Annex I on Payments and transfers. |
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| ii.-Decree-Law 600 The Decree-Law 600 (1974), Status of Foreign Investment, is a voluntary and special investment regime. As an alternative to the ordinary capital ticket regime in Chile, prospective investors may ask the Foreign Investments Committee to subject to the Decree Law 600 regime. The obligations and commitments contained in the Services Chapter and in this Annex are not applied to the Decree-Law 600, Status of Foreign Investment, to Law 18,657, Foreign Capital Investment Funds Act, to the continuation or rapid renewal of such laws, to modifications of the same or to no special and / or voluntary investment arrangements that may be adopted, in the future, by Chile. For greater certainty, it will be understood that the Foreign Investments Committee of Chile has the right to reject investment solicitations by the Decree Law 600 and Law 18,657. The Foreign Investments Committee of Chile has, still, the right to regulate the terms and conditions to those that will be subject to foreign investment, carried out as per the aforementioned Decree-Law 600 and Law 18,657. |
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| (4) Non-consolidated, except in cases that refer to measures that affect the temporary entry and permanence of natural persons, which are in one of the categories below, according to the indicated limitations. Persons who enter the territory of Chile by virtue of these commitments, in any of the established categories, shall be subject to the provisions of migration, labour and social security legislation. Foreign physical persons will be able to reintroduce up to a maximum of 15% of the total staff employed in Chile, according to indicated as 3) commercial presence, to companies of more than 25 employees. a) Personnel transferred within a company: A natural person from a Member State of MERCOSUR contracted by a legal person constituted, according to the nominee as 3) commercial presence, being transferred in a temporary manner to the provision of a service in Chile. For the purposes of this Section, it is understood by natural person the: (i) Executives: Contreated by a legal person, in charge of totality, or of a substantial part of the operations of that legal person in Chile. It has ample freedom of action to make decisions and authority to set goals and develop policies within it. It is subject, exclusively, to the direct supervision of the Board of Directors or directory of that company constituted in Chile. (ii) Managers: Contreated by a legal person, who directs or organizes such a legal person or one of its departments or divisions. Oversees or controls the work of other directives, supervisors or practitioners and can make decisions regarding the day-to-day handling of the company and its employees. (iii) Experts: Contreated by a legal person, who possesses high degree of specialization, qualification or experience, indispensable for the provision of the service required by the legal person and / or possesses private domain knowledge of the company established in Chile. These natural persons shall comply with the following requirements: (a) that their contract is for a period not less than one year; (b) that has been at the service of that legal person, at least, during a year immediately preceding the date of the entry request to Chile; and c) that on the date of the entry request to Chile is performing, in the home matrix of his country of origin, tasks in similar areas of activity or knowledge, including the transfer situations to take on different roles and in new areas related to those that performed in the matrix house. The entry of the transferred personnel within a company is of temporary character with a duration of the extended years for another two years. b) Business Visitors Una natural person seeking to enter Chile, with the aim of participating in business meetings, conducting market or investment studies, generating contacts, or participating in negotiations regarding the provision of future services, including the establishment of a company or company in the territory of Chile. Entry will be allowed as long as the business visitor: (a) does not receive remuneration in Chile; (b) do not conduct direct sales to the public; c) do not personally pay a service. Business visitors will be able to stay in Chile for a period of ninety extended days for the more ninety days. (c) Service providers by contract Una natural person, employee of a legal personality established in a State Party of MERCOSUR who enter, in a temporary manner, in the territory of Chile, to provide a service, in accordance with one or several contracts heard between his employer and one or several consumers of the service, in the territory of Chile. Both technicians and practitioners can provide the services under this category. Service providers by contract will have a temporary character permit by the deadline of one year, extended for another year. (d) Independent professionals Una natural person, who is temporarily joining the territory of Chile, with the aim of providing a service, with contract, bestowned by a legal person or one or several consumer of services, in the territory of Chile. Natural persons who provide a service in the territory of Chile should enter into a contract of employment, in writing, for a period not exceeding one year or at the shortest time necessary for the effective fulfillment of that contract. The independent professionals will have a temporary character permit for the duration of one year, extended for another year. For the purposes of categories c) and (d) of this modality 4), it is understood by: 1. Professional, the one who has a specialized occupation that requires: (a) the theoretical and practical application of a specialized knowledge body; and (b) obtaining a post-secondary degree, which requires four (4) years or more of studies (or the equivalent of that degree) as a minimum for the exercise of the occupation. 2. Technician, the person who has a specialized occupation requiring: (a) the theoretical and practical application of a set of expertise; and (b) achieving a post-secondary or technical degree that requires two (2) years or more of studies (or the equivalent of that degree), as a minimum for the exercise of the occupation. iii.-Etnias originating in (1), (2), (3) and (4): Nothing of the established in this list could be interpreted so as to limit the right to adopt measures establishing rights or preferences for the originating ethnicities. (3) This list is applied solely to the following types of commercial presence for foreign investors: open and ceramic anonymous societies, limited liability companies and agencies of foreign societies. (3) The property or any other type of law on?land of the state? can only be obtained by Chilean natural or legal persons. State lands for these purposes covers land owned by the state up to a distance of 10 kilometers from the border and up to a distance of 5 kilometers from the coast. This prohibition covers corporations or legal persons with main headquarters in countries borrower or whose capital is belonging 40% or more to nationals of the same country or whose effective control is in the hands of nationals of those countries. |
LIST OF SPECIFIC APPOINTMENTS IN THE SERVICES
LIST OF CHILE
| SECTOR | ACCESS TO MARKETS | NATIONAL TREATMENT | Additional appointments | |
| 1. SERVICES PROVIDED TO COMPANIES |
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| A. Professional services | Without prejudice to the one set out in section I (Horizontal Appointments.), professional service providers included in this list may be subject to an assessment by the responsible authorities in which they are expected to believe that they comply with the requirements that ensure their performance competently in the sector. |
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| a. Legal services (CCP 861) | (1), (3) None, except: Ancillates of the administration of justice shall reside in the same place or city where the court is in which they shall pay your services. The bankruptcy syndicates must have as a minimum three years of experience in commercial, economic or legal areas and are duly authorized by the Minister of Justice, and can only work in their place of residence. (2) None. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (3) None except: Public defenders, public tabelions and conservatives must be Chileans and comply with the same requirements required to be a judge. Archivists and referees of law must be lawyers; therefore, they must be Chilean nationals. Only Chilean nationals entitled to vote and foreigners with permanent residency and right to vote can act as judicial custodians and as prosecutors of the number. Only Chilean nationals and foreigners with a permanent residence in Chile or Chilean legal persons may be public auctioneers. To be a summary of bankruptcies it is necessary to possess a technical or professional title bestowned by a university, a professional institute or a technical training centre recognised by the State of Chile. The exercise of the legal profession is reserved solely for Chilean nationals. Only lawyers can provide services such as the sponsorship in the subjects presented before courts of the Republic, and it translates into the obligation that the first submission of each party should be sponsored by a lawyer entitled to the exercise of the profession; the drafting of the writings of constitution, modification, resiltion or liquidation of societies, settlement of marital societies, of division of goods, constitutive constituencies of legal personality, of associations of canalists, cooperatives, transaction contracts and bond issuance contracts of anonymous societies; and the sponsorship of the solicitation of granting legal personality to the corporations and foundations. (2) None. (4) Non-consolidated, except the indicated in the horizontal section. |
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| International legal services Advisories on public international law, international commercial law-nal and foreign law part of (CCP 86190) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| XX_ENCODE_CASE_CAPS_LOCK_On arbitration services and mediation / conciliation (CCP 86602) | 1) None, except for those judgements arbitrals prescribed by Chilean legislation as the sole jurisdiction of national arbitral tribunals or knowledge by arbitrators of law. 2) None, except those arbitral judgements prescribed by Chilean legislation as the sole jurisdiction of national arbitral tribunals or of knowledge by arbitrators of law. 3) No 4) Non-consolidated, except for the indicated in horizontal commitments. | 1) None, except those arbitral judgements prescribed by Chilean legislation as the sole competence of national arbitral tribunals or knowledge by arbitrators of right. 2) None, except those arbitral judgements prescribed by Chilean legislation as the sole jurisdiction of national arbitral tribunals or of knowledge by arbitrators of law. 3) No 4) Non-consolidated, except for the indicated in horizontal commitments. |
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| b. Accounting, auditing and bookkeeping services (CCP 86211) | (1), (3) None, except: The external auditors of financial institutions must be enrolled in the Registry of External auditors of the Superintendency of Banks and Financial Institutions and in the Superintendency of Values and Insurance. Only legal persons constituted legally in Chile as companies of persons or associations and whose main business spin are the auditing services will be able to register with the Registry. (2) None. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Tax advising services (CCP 863) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Architectural advice and architectural predesign services (CCP 86711) Architectural drawing (CCP 86712) | (1) and (2) Non-consolidated (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1) and (2) Non-consolidated (3) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| e. Contract administration services (CCP 86713) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| f. Combined architectural drawing and contract administration services (CCP 86714) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| g. Other architecture services (CCP 86719). | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| h. Engineering services (CCP 8672, except 86729) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| Other engineering services (CCP 86729) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| i. Integrated engineering services (CCP 8673) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| j. Veterinary services (CCP 932) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. Computer services and related services |
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| a. Services of consultants in computer equipment installation (CCP 841) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Application services of computer programs (CCP 842) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Data processing services (CCP 843) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Services of databases (CCP 844) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| Maintenance and repair services of machines and office equipment, included computers (CCP 845) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| Data preparation services (CCP 8491) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| C. Research and Development Services |
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| a. Research and development services of the natural sciences (CCP 851) (CCP 853) (CCP 8675) | (1), (3) None, except: The representatives of the legal or physical persons domiciled in the foreigner who wish to carry out explorations to perform work with scientific, technical or andineering purposes in the border areas, should apply for the corresponding authorization, by means of a consul of Chile, in the respective country, which will immediately and directly refer you to the Directorate of Borders and Limits of the State of the Foreign Ministry. The Military Geographical Institute and the Department of Navigation and Hydrography of the Armada are the authorized entities, in an exclusive manner, to raise and draw all the official maps and letters of the national territory. The Direction of Borders and Limits of the State may have to be incorporated into the issuance one or more representatives of the pertinent Chilean activities, to participate and to know the studies and their altars. The Operations Department of the State Border Directorate and Limits of the State shall inform the Direction about the desirability of authorizing or rejecting the geographical or scientific holdings that project to execute foreign persons or bodies in the country. The National Direction of Borders and Limits of the State shall authorize and take control of every exploration with scientific, technical or andineering purposes wishing to effect in borderlands legal or physical persons with a domicile abroad. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) and (3) None, except: Foreign physical / natural or legal persons wishing to do research in the 200-mile maritime zone in national jurisdiction should obtain an authorisation from the Hydrographic Institute of the Armada of Chile pursuant to the respective regulation. For these purposes, they should submit a request at least six months in advance of the date on which the research is intended to begin. The representatives of legal or physical persons, domiciled abroad, who wish to carry out explorations to perform work with scientific, technical or andineering purposes in the border areas shall request the corresponding authorisation by means of a consul of Chile, in the respective country, to refer him, in an immediate and direct manner, to the Directorate of Borders and Limits of the State of the Foreign Ministry. The Direction of Borders and Limits of the State may have to be incorporated into the issuance one or more representatives of the pertinent Chilean activities, to participate and to know the studies and their altars. The Operations Department of the State Border Directorate and Limits of the State shall inform the Direction about the desirability of authorizing or rejecting the geographical or scientific holdings that project to execute foreign persons or bodies in the country. The National Direction of Borders and Limits of the State shall authorize and take control of every exploration with scientific, technical or andineering purposes wishing to effect in borderlands legal or physical persons with a domicile abroad. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| b. Research and Development Services of the Social Sciences and Humanities (CCP 852) (CCP 853) | (1), (2), (3) None (4) Non-consolidated, except the indicated in the horizontal section. | (1), (3) None, except: The foreign physical / natural or legal persons who wish to effectuate excavations, prospections, surveys and / or anthropological, archaeological collections and paleontological, they should apply for a permit to the Council of National Monuments. It is a prerequisite for the licence to be heard, that the person in charge of the researches belong to a solvent foreign scientific institution and to work in collaboration with a Chilean state or university scientific institution. The licences will be able to be heard: Chilean researchers with archaeological, anthropological or paleontological scientific preparation, second-match, properly accredited, who have a research project and adequate institutional support; to foreign researchers, as long as they belong to a solvent scientific institution and to work in collaboration with a Chilean state or university scientific institution. The conservatives and directors of museums recognized by the Council of National Monuments, the archaeologists, anthropologists or professional paleontologists, second match, and the members of the Chilean Society of Archeology will be authorized to perform rescue work. It will be understood by rescue operations the urgent recovery of data or archaeological, anthropological or palaeontological species threatened by impending loss. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| c. Interdisciplinary research and development services (CCP 853) | (1) and (2) None (3) None, except: The physical / natural persons or foreign legal persons who wish to effect surveys in the 200-mile maritime area under national jurisdiction are expected to obtain an authorisation from the Hydrographic Institute of the Armada of Chile under the respective regulation. For these purposes, they should submit a request at least six months prior to the date on which the research is intended to begin. (4) Non-consolidated, except the indicated in the horizontal section. | (1) and (2) None (3) None, except: The physical / natural persons or foreign legal persons wishing to do research in the 200 mile maritime zone, under jurisdiction national, they should obtain a permit from the Hydrographic Institute of the Armada of Chile under the respective regulation. For these purposes, they should submit a request at least six months in advance of the date on which the research is intended to start. (4) Non-consolidated, except the indicated in the horizontal section. |
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| D. Real Estate Services |
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| a. Real estate services relating to own or leased root goods (CCP 821) | (1), (2), (3) No (4) Non-consolidated except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Real estate services by commission or by contract (CCP 822) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| E. Services by rental without laborers |
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| a. Services by the rental of ships without crew (CCP 83103) | (1), (2), (3) No (4) Non-consolidated except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Services by the rental of aircraft without crew (CCP 83104) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Services by the rent of other means of transport without personnel (CCP 83101) (CCP 83102) (CCP 83105) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Services by the rent of another type of machinery without laborers (CCP 83106) (CCP 83107) (CCP 83108) (CCP 83109) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| F. Manufacturing-related services |
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| a. Manufacturing of food and beverages, by commission or by contract (CCP 88411) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Manufacturing of paper and paper products, by commission or by contract (CCP 88441) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Manufacturing of rubber and plastic products, by commission or by contract (CCP 8847) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Manufacturing of furniture; manufacturing of other articles n.c.p.; recycling, by commission or by contract (CCP 8849) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| e. Manufacturing of common metals, by commission or by contract (CCP 8851) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| f. Manufacturing of elaborate metal products, except machinery and equipment, by commission or by contract (CCP 8852) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| g. Manufacturing of machinery and equipment n.c.p, by commission or by contract (CCP 8853) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| h. Manufacturing of motor vehicles, trailers and semi-trailers, by commission or by contract (CCP 8858) | (1), (2), (3) No (4) Non-consolidated except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| i. Manufacturing of other transportation equipment, by commission or by contract (CCP 8859) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| j. Repair services for equipment and radio, television and communications apparatus, by commission or by contract (excluded aircraft, vessels and other equipment) (CCP 8865) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| k. Manufacturing of textile products, by commission or by contract (CCP 88421) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| l. Garment manufacturing, by commission or by contract (CCP 88422) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| m. Manufacture of leather goods, by commission or by contract (CCP 88423) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| n. Manufacturing of non-metallic mineral products, by commission or by contract (CCP 8848) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| o. Manufacturing of radio, television and communications equipment, and communications, by commission or by contract (CCP 8856) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| p. Manufacturing of office machines, accounting or computing, by commission or by contract (CCP 8854) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the section horizontal. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| G. Other services provided to companies |
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| a. Advertising services (CCP 871) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Markets research and public opinion research services (CCP 864) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Services of consultants in administration (CCP 865) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Services related to that of the consultants in administration (CCP 866) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| e. Testing and technical analysis services (CCP 8676) | (1) and (2) None (3) To issue test certificates and technical analyses it is necessary to be accredited by the branch regulator. (4) Non-consolidated, except the indicated in the horizontal section. | (1) and (2) None (3) To issue test certificates and technical analyses it is necessary to be accredited by the branch regulator. (4) Non-consolidated, except the indicated in the horizontal section. |
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| f. Services related to agriculture, hunting and forestry (CCP 881) | (1), (3) None, except: People who have weapons, explosives, or similar substances should request its enrollment before the corresponding supervising authority at its domicile, and this authority shall submit them to the control, to the effect of which a solicitation is to be submitted to the General Directorate of National Mobilization of the Ministry of Defense. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| g. Mining-related services (CCP 883) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| h. Personnel placement and supply services (CCP 87201) (CCP 87202) (CCP 87203) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| i. Research and security services (CCP 87301), (CCP 87302), (CCP 87303), (CCP 87304) (CCP 87305) Except the services of armed private guards | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| j. Related services of consultants in science and technology (CCP 8675) | (1), (3) None; except: The representatives of legal or physical persons domiciled abroad who wish to conduct explorations to do work with scientific, technical or andineering purposes in the borderlands, they should apply for the corresponding authorization by means of a consul, of Chile, in the respective country, who shall immediately and directly refer it to the Directorate of Borders and Limits of the State of the Ministry of Foreign Affairs. The Direction of Borders and Limits of the State may have to be incorporated into the expedition one or more representatives of the pertinent Chilean activities in order to participate and to know the studies and their artistes. The Department of Operations of the State Directorate of Borders and Limits of the State shall inform the Direction about the desirability of authorising or reciting the geographical or scientific explorations that project to carry out foreign persons or bodies in the country. The National Direction of Borders and Limits of the State shall authorize all exploitation with scientific, technical or andineering purposes wishing to effect in borderlands legal persons or physical / natural persons, with a domicile abroad. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) and (3) None; except: Foreign physical / natural persons or foreign legal persons wishing to do research in the 200-mile maritime area under national jurisdiction, should obtain an authorisation from the Hydrographic Institute of the Armada of Chile under the respective regulation. For such purposes, they should submit a request at least six months prior to the date on which the research is intended to begin. The Direction of Borders and Limits of the State may have to be incorporated into the expedition one or more representatives of the pertinent Chilean activities in order to participate and to know the studies and their artistes. The Operations Department of the State Border and Limits of the State shall inform the Direction about the desirability of authorizing or rejecting the geographical or scientific explorations that project to carry out foreign persons or bodies in the country. The National Direction of Borders and Limits of the State shall authorize all exploitation with scientific, technical or andineering purposes wishing to effect in borderlands legal persons or physical / natural persons, with a domicile abroad. (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| k. Maintenance and repair services of equipment (excluding vessels, aircraft and too much transport equipment) (CCP 633) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| l. Building cleaning services (CCP 874) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| m. Photographic services (CCP 875) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| n. Packaging services (CCP 876) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| o. Editorial and press services (CCP 88442) | (3) None except: Any newspaper, magazine, or periodical written with editorial address in Chile is expected to have a responsible director and a person who replaces him, who are expected to be Chilean nationals, with a domicile and residence in Chile. The owner of any newspaper, magazine, or periodical written with editorial address in Chile, or national news agency must be Chilean, with a domicile and residence in Chile. If the owner is a legal person or a community, it will be considered Chilean if 85% percent of the social capital or rights in the community belong to physical / natural persons or Chilean legal persons. For these purposes, a Chilean legal person is an entity with 85% percent of its capital in power of Chileans. (1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (3) None except: Any newspaper, magazine, or periodical written with editorial address in Chile should have a responsible director and a person who replaces it, who are expected to chilean national, with domicile and residence in Chile. The owner of any newspaper, magazine, or periodical written with editorial address in Chile, or national news agency, is expected to be Chilean with a domicile and residence in Chile. If the owner is a legal person or a community, it will be considered Chilean if the 85% percent of the social capital or rights in the community belongs to physical / natural persons or Chilean legal persons. For these purposes, a Chilean legal person is an entity with 85% percent of its capital in power of Chileans. (1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| p. Services provided on the occasion of assemblies or conventions | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| q. Urban Planning Services and Landscape Architecture (CCP 8674) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| r. Repair services of elaborate metal products (exclusive machineries and equipment (CCP 8861) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 2. SERVICES RELATED TO COMMUNICATIONS | |||
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| A. Postal and postal services Services concerning the dispatch of matching objectives according to the following list of sub-sectors, for national or foreign destinations: i) Dispatch of written communications with specific recipient in any kind of physical medium, included:-the hybrid postal service;-direct mail. ii) Dispatch of packages and volumes with specific recipient iii) Dispatch of journalistic products with specific recipient iv) Dispatch of the goals mentioned in points (i) to (iii) as a certified or guaranteed mail v) Urgent Dispatch services of the objects mentioned in points (i) to (iii) vi) Dispatch of objects without specific recipient vii) other services not specified elsewhere | (1), (3), (3)-None, except that, according to the Supreme Decree No 5037, of November 4, 1960, of the Ministry of the Interior and with the Decree with force of Law N 10, of January 30, 1982, of the Ministry of Transportation and Telecommunications or with the standards that replace them, the State of Chile will be able to exercise, through the Chile Post Company, the monopoly for the admission, transportation and delivery of the national and international matching objectives. They are called matching objects, the letters, simple postcards and with paid response, business papers, newspapers and printouts of any kind, understood in the embossed prints for the use of the blind, samples of merchandise, small packets up to a kilogram and phonoposals. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. Leased private circuits |
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| a. Telephone services b. Transmission of c data. Electronic mail | (1) and (2) Non-consolidated (3) Conditioned to the granting of limited (4) Non-consolidated services, except the nominee in the horizontal section. | (1) and (2) Non-consolidated (3) Conditioned to the granting of limited services 4) Non-consolidated, except for the indicated in the horizontal section. |
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| C. Telecommunication services |
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| BASIC TELECOMMUNICATION SERVICES: Telecommunications services consist of the transport of electromagnetic signals (sound, data, picture and any combination of these) regardless of the type of technology employed. This definition does not cover the consistent economic activity in the provision of a service whose content requires the use of telecommunications services for its transportation. The provision of a service whose contents are carried through telecommunications services, is subject to the terms and conditions set forth in the list of specific commitments signed by Chile in that sector, subsector or activity. The list of commitments excludes local basic telecommunication services. It includes only basic telecommunications services, long national and international distance: | In the case of private services whose aim is to satisfy needs specific telecommunications of certain companies, entities or persons previously agreed upon with these, their provision does not give access to traffic from or to the users of the public telecommunications networks. |
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| a. Telephone services (CCP 7521) b. Data transmission services with packet switching (CCP 7523 * *) c. Data transmission services with circuitry switching (CCP 7523 * *) d. Telex services (CCP 7523 * *) and. Telegraph services (CCP 7522) f. Facsimile services (CCP 7521 * * + 7529 * *) g. Rented private circuit services (CCP 7522 * * + 7523 * *) | (1), (2) and (3) None except: Subject to a grant, a license, or an authorization bestoed by the Subsecretariat of Telecommunications. The maritime and aeronautical telecommunications services will be authorized, installed, operated and controlled by the Armada of Chile and the General Directorate of Civil Aeronautics, respectively. The provider of the long-distance telephone service (national and international) must be constituted as an open anonymous society. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2) and (3) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| h. Electronic mail | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| i. Voicemail | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| j. In-line information extraction and databases | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| k. Electronic data exchange services (IED) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| l. Enlarged / value-added facsimile services, included storage and retransmission systems and those for storage and retrieval | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| m. Conversion of codes and protocols | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| n. Data processing and / or online information (with inclusion of transaction processing) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| o. Additional value services | (1) None, except conditioned to a traffic exchange convenium among network explorers (corresponding with a service concessionaire international). (2) Non-consolidated (3) None except conditioned on obtaining a license. Contract with public service concessionaire. Complimentary service authorization of the Telecommunications Subsecretariat. (4) Non-consolidated, except the indicated in the horizontal section. | (1) and (3) None (2) Non-consolidated (4) Non-consolidated, except the indicated in the horizontal section. |
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| p. Other | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 3. CONSTRUCTION SERVICES and RELATED engineering services (CCP 511 al 518) | (1), (2) (3) Non-consolidated, except that the criteria in paragraph two of Article IV, concerning access to markets, will be applied on the basis of the national (4) Non-consolidated treatment, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 4. DISTRIBUTION SERVICES |
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| A. Commissioning services (CCP 621) (CCP 6111) (CCP 6113) (CCP 6121) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. Wholesale commercial services (CCP 622) (CCP 61111) (CCP 6113) (CCP 6121) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| C. Retail commercial services (CCP 631) (CCP 632) (CCP 61112) (CCP 6113) (CCP 613) (CCP 613) (CCP 613) | (1), (2), (3) No (4) Non-consolidated, except the one indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| D. Franchise services (CCP 8929) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| E. Other | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 5. SERVICES RELATED TO THE ENVIRONMENT (CCP 940) | (1) and (3) Non-consolidated, (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| 6. TRAVEL SERVICES and TRAVEL-RELATED SERVICES |
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| A. Hotels and restaurants (included overseas food sourcing services by contract) (CCP 641) (CCP 642) (CCP 643) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. Travel agency services and group travel organization (CCP 7471) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| C. Tourism guidebook services (CCP 7472) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. [ | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| 7. ENTERTAINMENT, CULTURAL, AND SPORTS SERVICES |
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| A. Spectacle services (included those of theatre, bands and orchestras, and circuses) (CCP 9619) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| B. News agency services (CCP 962) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| C. Services of libraries, archives, museums and other cultural services (CCP 963) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| D. Sports services and other entertainment services (CCP 9641) (CCP 96491) | (1), (2), (3) None, except the specific types of legal persons that may be required for the sports organizations that develop professional activities. Applying, still, the principle of National Treatment: i) will not be able to participate with more than one team in the same category of a sports competition, ii) will be able to set themselves standards to avoid the concentration of the ownership of sports societies, iii) a minimum capital may be required to operate. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| E. Audio-visual Services |
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| a. Promotion and advertising services (CCP 96111) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Film distribution services or video tapes (CCP 96113) | (1), (2), (3) No (4) Non-consolidated, except the nominee in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| F. Teaching services (CCP 92): |
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| a. Post-secondary technical and vocational education services (CCP 9231) | (1) and (2), None (3) Non-consolidated, (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Adult education services n.c.p. (CCP 924) | (1) and (2), None (3) Non-consolidated, (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| G. Environment Protective Services |
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| a. Exhaust gas cleansing services (CCP 9404) | (1), (2), (3) No (4) Non-consolidated except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Noise-fighting services (CCP 9405) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Nature and landscape protection services (CCP 9406) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| G. Others (CCP 96499) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) and (2) None (3) People who have weapons, explosives or analogous substances should apply for their enrollment before the supervising authority corresponding to their Domicile, and this authority shall submit them for control, for whose effects a solicitation addressed to the General Directorate of National Mobilization of the Ministry of Defence should be submitted. (4) Non-consolidated, except the indicated in the horizontal section. |
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| 8. TRANSPORT SERVICES |
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| A. Maritime transport services (CCP 721) to. Transport of passengers (CCP 7211) b. Transport of cargo (CCP 7212) Charting and discharge services (CCP 741) (CCP 742) c. Rental of vessels with crew d. Maintenance and repair of vessels (CCP 8868 * *) and. Towing and traction services (CCP 72140) f. Support services related to shipping (CCP 745) g) Other loading and unloading services (CCP 7419) h) Other complementary and ancillary transport services. (CCP 74590) | (3) (a) Establishment of a registered company to exploit a fleet under the flag of Chile: Non-consolidated, (b) Other forms of commercial presence for the provision of international shipping services (defined as a continuation): None, except: only a Chilean natural or legal person can register a ship in Chile. A legal person should be constituted with a main domicile and actual and effective headquarters in Chile, being its chairman, manager, and most of the directors or administrators physical / natural Chilean persons. In addition, more than 50% percent of its social capital should be in the hands of physical / natural people or Chilean legal persons. For these purposes, a legal person who has a stake in another legal person, owner of a ship, must comply with all the requirements before mentioned. A community can register a ship if most people are Chilean nationals with a domicile and residence in Chile, the administrators must be Chilean national and the majority of rights in the community must belong to physical / natural persons or Chilean legal persons. For these purposes, a legal person who is a part of the community in the field of a ship, shall comply with all the requirements before mentioned. To hoist the national pavilion, it is necessary for the captain of the ship, his officers and crew to be Chilean nationals. Notwithstanding, the General Directorate of the Maritime Territory and the Merchant Navy, by reasoned resolution, and in a transitional manner, may authorize the hiring of foreign personnel when this is indispensable, except the captain, who will always be Chilean national. | (3) (a) establishment of a registered company to explore a fleet under the Chile pavilion: Non-consolidated; and (b) other forms of commercial presence for the provision of international shipping services (defined as a continuation): None, except: Special ships, owned by physical / natural persons or foreign legal domicilies domiciled in Chile may, under certain conditions, be registered in the country. For these purposes, a special ship does not include a fishing vessel. The conditions required to register special ships owned by foreigners are as follows: domicile in Chile, with main seat of your business in the country or that exercise some profession or industry, permanently in Chile. The maritime authority may, for reasons of national security, impose on these vessels special restrictive standards of its operations. Foreign vessels should use piloting, anchoring and port piloting services when the maritime authorities request it. In towing tasks or other maneuvers in Chilean ports will only be able to be used Chilean pavilion tugs. To be captain it is necessary to be Chilean national and to possess the title of such a goldbent by the corresponding authority. To be an officer of national ships it is necessary to be Chilean national and be enrolled in the Officers Registry. To be a crewmember of national vessels it is necessary to be a Chilean national, to possess tuition or licence bestowned by the Maritime Authority and to be enrolled in the respective Registry. The professional titles and licences heard in foreign country will be valid to exercise as an officer on national vessels when the Director General of the Maritime Territory and the Merchant Navy disposes him by reasoned resolution. |
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| B. Transport by inland waterways (CCP 722) to. Transport of passengers (CCP 7221) b. Transport of cargo (CCP 7222) (c) loading and unloading services (CCP 741), (CCP 742) d. Rental of vessels with crew and. Maintenance and repair of vessels f. Towing and traction services (CCP 72240) g. Support services related to shipping (CCP 745) h) Other loading and unloading services (CCP 7419) i) Other complementary and ancillary transport services. (CCP 74590) | To exercise as a multimodal operator in Chile it will be necessary to be a Chilean natural person or legal person. The cabotage is reserved for the Chilean ships. It shall be understood by such means the shipping, fluvial or lacustre transport of passengers and cargo between points of the national territory and between these and naval artifacts installed in the territorial sea or the exclusive economic zone. Foreign merchant ships will be able to participate in cabotage when it comes to cargo volumes in excess of 900 tonnes, prior public bidding effected by the user, summoned with due anticipation. When it comes to cargo volumes equal to or less than 900 tonnes and there is no availability of vessels under Chilean pavilion, the Maritime Authority shall authorise the shipment of such loads on foreign merchant vessels. The booking of cabotage to Chilean vessels shall not be applicable in the case of loads that come from or have to be bound for the ports of the Province of Arica. (1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | The pattern of ship must be Chilean national. The standard is the natural person who, with the title of such, bestoed by the Director General of the Maritime Territory and the Merchant Navy, is empowered for the mando of smaller ships and certain larger special ships. Only Chilean nationals or foreigners domiciled in the country will be able to exercise as fishing patrons, mechanics-drivers, drivers, fishermen, fishermen, employees or technical workers of industries or maritime trade and as crewmembers of industrial endowment and general services of factory or fishing vessels when they request the shipowners for being indispensable to the initial fishing organisation. They should be Chilean nationals the ship agents or the representatives of the operators, owners or ship captains, whether physical / natural persons or legal persons. They will also comply with this requirement the stowage and desstowal agents or quay companies, which are in full or partial manner the rear of the cargo between the ship and the harbour precincts or the means of land transport and vice versa. They should be, also Chilean legal or natural persons all those who land, transborder and generally make use of the continental or island Chilean ports, especially for fishing catches or catch-catch processed on board. 1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. |
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| C. Air transport services (CCP 734) (CCP 7469) | (3) National or foreign enterprises will be able to provide commercial airworthiness services as long as they meet the requirements of technical and insurance order. It corresponds to the Directorate General of Civil Aeronautics to control the first and the Board of Civil Aeronautics, the fulfilment of the insurance requirements. Only the physical / natural people or Chilean legal persons will be able to register an aircraft in Chile. Legal persons must be constituted in Chile with principal domicile and actual and effective headquarters in that country, and its president, manager and most directors or administrators must be Chilean nationals. Too much, most of your property must belong to physical / natural or Chilean legal persons, who in turn must comply with the previous requirements. However, the aeronautical authority will be able to permit the registration of aircraft belonging to physical / natural persons and foreign legal persons, provided that they have or have in the country any employment, profession uo permanent industry. Equal authorization may be granted with respect to foreign aircraft operated to any title, by Chilean aircraft companies | (3) The private aircraft of foreign matriculation will not be able to remain in Chile without authorization from the Directorate General of Civil Aeronautics, in addition to the deadline set by the regulation. Private foreign tuition aircraft carrying out planter towing activities and providing parachute services will not be able to remain in Chile without authorization from the Directorate General of Civil Aeronautics more than 30 days from its date of entry into the country. |
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| Foreign civil aircraft that develop commercial air transport activities in a non-regular manner and wish to enter the Chilean territory, included their jurisdictional waters, fly over or make scales in it without commercial purposes, should inform the General Directorate of Civil Aeronautics with a minimum anticipation of twenty-four hours to obtain the authorization. These aircraft will in no case be able to take up or leave passengers, cargo or mail in Chilean territory without prior authorization from the Civil Aeronautics Board. Foreign aeronautical personnel will be able to exercise their activities in Chile only if the license or the habilitation outorgada in another country is recognized by the civil aeronautical authority as valid in Chile. The lack of international convenium regulating such recognition, this will be effected under conditions of reciprocity and provided that it is demonstrated that the licences and qualifications were issued or convalidated by the competent authority in the aircraft's matriculation state, which are beholstered and that the requirements required to extend them or convalidate them are equal to or greater than those established in Chile for analogous cases. To work as a crewmember in aircraft operated by a Chilean air company, the foreign aeronautical personnel should obtain, in advance, a national licence with the relevant qualifications enabling them to perform their duties. 1) and (2) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) and (2) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| a. Maintenance and repair of aircraft | (1) Non-consolidated (2) and (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) Non-consolidated (2) and (3) None (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Sale and marketing of air transport services | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) Non-consolidated in relation to the distribution upon computerized reservation systems of air transport services provided by the company matrix of the one providing the systems of reservations. (2) No (3) Non-consolidated, in the respect of distribution upon computerized reservation systems of air transport services provided by the company matrix of which provides the reservation systems. (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Services of computerized booking systems | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1) Non-consolidated in respect to the obligations of the parent company matrix or participant in the computerized reservation systems, controlled by a transport company air of one or more third countries. (2) No (3) Non-consolidated, in respect of the obligations of the parent company matrix or participant in the computerized reservation systems, controlled by an air transport company of one or more third countries. (4) Non-consolidated, except the indicated in the horizontal section. |
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| D. Road transport services |
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| a. Passenger transport (CCP 71211) | (1), (2), (3) None, except for the international carriage by highway, as provided for in the Agreement on International Transport Terrestrial, adopted by Chile, Argentina, Bolivia, Brazil, Paraguay and Uruguay. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Transportation of cargo (CCP 7123) | (1), (2), (3) None, except in respect of international transportation by highway, as provided for in the Agreement on International Terrestrial Transportation, adopted by Chile, Argentina, Bolivia, Brazil, Paraguay and Uruguay. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Rental of commercial vehicles with driver (CCP 71222) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| d. Maintenance and repair of road transport equipment (CCP 6112) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| e. Support services related to road transport services (CCP 7441) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| E. Transport services by tubes |
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| a. Transportation of fuels (CCP 7131) | (1), (2), (3) None, except that the service will be provided by legal persons established in accordance with Chilean law and that its supply may be subjected to a concession under conditions of national treatment. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Transportation of other products (CCP 7139) | 1), (2), (3) None, except that the service will be provided by legal persons established in accordance with Chilean law and that its supply may be subjected to a concession under conditions of national treatment. (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| F. Ancillary services referring to all means of transport |
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| a. Loading and unloading services (CCP 748) (CCP 749) (CCP 741) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) None, excepting only Chilean nationals can perform tasks of agents and of aduan intermediates. (4) Non-consolidated, except the indicated in the horizontal section. |
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| b. Storage services (CCP 742) | (1), (2), (3) No (4) Non-consolidated, except for the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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| c. Services of cargo transportation agencies (CCP 748) | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. | (1), (2), (3) No (4) Non-consolidated, except the indicated in the horizontal section. |
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REPUBLIC OF PARAGUAY
Supply mode: 1) Cross-border Presence 2) Consumption Abroad 3) Commercial Presence 4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| HORIZONTAL APPOINTMENTS All services included in this list | 3) Commercial presence authorization will be bestoed to legal persons constituted as the National Legislation of Paraguay, with registered office and representation in Paraguayan territory, for the effects of their prerogatives and responsibilities. Land acquisition: Non-consolidated, in the respect of border areas. Companies constituted abroad: Societies constituted abroad have their domicile in the place where the main one of their business is. The establishments, agencies or branches constituted in the Republic consider themselves to be domiciled in it in regard to the acts here practiced, and shall comply with the obligations and formalities laid down for the type of society most similar to that of its constitution. To comply with the formalities mentioned, any society constituted abroad that wishes to exercise its activity on the national territory shall: (a) establish a representation with domicile in the country, in addition to private households derived from other legal causes; (b) believe that the corporation was constituted in accordance with the laws of his country; and (c) justifying, in the same way, the agreement or decision to set up the branch or representation, the capital that is bestowed upon him and the appointment of the representatives. This will be applied to corporations or corporations constituted in other states, although the type of society is not provided for in the national legislation. The society constituted abroad with a domicile in the Republic, or whose main purpose is destined to comply in it, shall be regarded as the local society for the purposes of fulfilling the formalities of constitution or its reform and surveillance, in his case. The representative of the society constituted abroad is authorized to carry out all the acts that that one can celebrate and to represent it in a judgement. 4) Non-consolidated, except for measures regarding the entry, stay and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: I. Businessmen: persons entering to carry out business, investments or market studies, as long as they do not receive remuneration in Paraguay, nor engage in direct sales of goods or services to the general public, nor do they provide them with the services themselves. They are unable to provide services in the country under contract of employment or civil that links them with a company radicalized in Paraguay. Duration of stay in national territory of 90 days extended for another 90 days. II. Intra-business transfer: employees of a company that carries out foreign direct investment in Paraguay, who have been employed in that company at least for a year immediately preceding their temporary entry into the national territory to continue providing services in that company or in a subsidiary of that company, as set out by national legislation in the matter. The category is limited to the following categories: a) Managers: persons within a company or organization that primarily are responsible for the functioning of a department or a subdivision. They supervise and control the work of other professional supervisors or managerial employers. They have the authority to hire or fire, recommend, hire to fire or other actions linked to the personnel area such as promotion or licences. They exercise discretionary authority in the daily activities. This exercise does not include first-line supervisors unless these employees are professionals, as neither includes the employees who, in a primary way, perform tasks necessary for the provision of the service; (b) Executives: persons within the organization who, in a primary manner, take the administration. They exercise a broad spectrum in decision making and receive only direction supervision from senior executive, directory, or shareholders. Do not directly develop tasks related to the provision of the organization's (s) service (s); (c) Experts: people within a company or organization who possess knowledge of advanced level of professionality and those who possess knowledge derived from the owner of the service organization, from research techniques in equipment or management. III Apowerhouses of foreign companies: persons who, in character of judicial depositories, of companies established abroad, enter Paraguay only to carry out business, investments or market studies; receive their remuneration from abroad, cannot provide services in the country under contract of employment or civil that links them with a company radicalized in Paraguay. Duration of stay: 90 extended days, on national territory, for another 90 days. | 3) Booking the right to establish special stock arrangements (such as retention of the?gold stocks?) and outwit preferences for the purchase of shares to the employees of the state-owned enterprise subject to privatization. The central office located abroad should pay a tax for the tax benefits approved by the branches, agencies or establishments located in the corresponding country at a rate of 15% (15%). 4) Non-consolidated, except for measures regarding the entry, stay and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the categories indicated in the market access column. Legal representative the legal representative of a company is the person who takes on the emerging administrative, criminal, civil and commercial responsibilities of the provision of services of the company. Must have permanent residence. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Cross-border Presence 2) Consumption Abroad 3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitation to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| 1. SERVICES PROVIDED TO COMPANIES | |||
| 1.A. PROFESSIONAL SERVICES | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, | Una time promulgated the Professional Exercise Act if it determines the limitations to TN or AM, should they exist. | |
| 1.B. COMPUTER SERVICES AND RELATED SERVICES | |||
| Computer services and related services.(CCP 84), except for?timestamping? (nd) and certification and digital signature | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 1.D. REAL ESTATE SERVICES | |||
| a) Real estate services relating to own or rented property (CCP 821) | 1) Non-consolidated 2) No 3) Not consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| b) Real estate services by commission or by contract (CCP 822) | 1) Non-consolidated 2) None 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 1.E. LEASING OR RENTAL SERVICES WITHOUT LABORERS | |||
| a) Ship-free ship rental services (CCP 83103) | 1) Non-consolidated 2) Not consolidated 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. Only in case of insufficiency of cellars, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage that does not surpass that of their own Paraguayan flag fleet. Vessels rented or chartered by domestic shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Navy Directorate No. 4) Non-consolidated except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The majority of the capital of the owning companies of domestic vessels must belong to Paraguayan physical or legal persons or be the capital incorporated into the country, as with the laws governing the incorporation of foreign capitals. It is reserved for national flag ships, the total sea and river transport of the import and export cargo. 4) Non-consolidated, except for the nominee in the horizontal section. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Provision transfronteiriça2) Consumption in the Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitation to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| 1.F other SERVICES PROVIDED TO COMPANIES | |||
| k. Personnel placement and supply services (CCP 872) | 1) Non-consolidated 2) No 3) Non-consolidated, 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| n. Maintenance and repair services for equipment (excluding vessels, aircraft and other transport equipment) (CCP 633 + 8866) | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| The buildings cleaning services (CCP 874) | 1) Non-consolidated 2) No 4) No 4) consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| q. Packaging services (CCP 876) | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| s. Services provided on the occasion of assemblies or conventions (CCP 87909) * | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the nominee in the section horizontal. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 2. COMMUNICATIONS SERVICES | |||
| 2.C TELECOMMUNICATION SERVICES | |||
| The commitments contracted in the present sector are subject to the following general conditions: 1. Each telecommunications service that is provided in Paraguay will require a governmental license bestowned by CONATEL and upon a non-discriminatory transparent procedure. 2. The licences mentioned in the preceding paragraph shall be granted exclusively to legal persons (Anonymous Corporations or Limited Liability Corporations) as per the national legislation of Paraguay, with registered office and representation in the Paraguayan territory. National participation in the minimum social capital is 50%. 3. The ground stations of the service provider are to be installed and maintained by companies and professionals registered in CONATEL. 4. This list refers to the transportation of the data and / or information, and not to the content of the data and / or information carried. 5.-The professionals and companies that provide project services, assemblies, equipment and maintenance in the sectors and subsectors in those that are made commitments must register in CONATEL, as per the legislation in force. | |||
REPUBLIC OF PARAGUAY
Mode of Supply: 1) Transboundary gift 2) Consumption in Exterior 3) Commercial presence 4) Move physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to National Treatment | Additional Appointments |
| h. Electronic mail (CCP 7523) i. Voice mail (CCP7523) j. Extracting online and database information (CCP 7523) k. IED data electronic exchange services (CCP 7523 l. Enlarged / value-added facsimile services, included storage and retransmission and storage and retrieval services (CCP 7523) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay and work of natural persons with temporary contract with companies undertaking foreign direct investment, in the following categories: managers, executives, and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives, and specialists. |
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| o. Other 0.1 Mobile Cellular Service (CCP n.d.) | 1) Non-consolidated 2) Non-consolidated 3) None The system lend itself in duopolic modality, being intended for the spectrum available in all exploration areas. For now there is no more availability of frequencies. 4) Non-consolidated, except for measures regarding the ingress, permanence and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with contract temporary with companies that carry out foreign direct investment, in the following categories: managers, executives and specialists. | I. Interconnection with public telecommunication networks and services will be guaranteed. II. General conditions applicable to the interconnection with public networks and services will be made public. |
| 0.2 Personal Communications (CCP n.d.) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the ingress, permanence, and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives, and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies holding foreign direct investment, in the following categories: managers, executives and specialists. | I. Interconnection with public telecommunication networks and services will be guaranteed. II. General conditions applicable to the interconnection with public networks and services will be made public. |
| 0.3 Radio-search Services (CCP n.d.) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives, and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies holding foreign direct investment, in the following categories: managers, executives and specialists. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Delivery Mode: 1) Consumption in Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| 0.4 Concentration enlaces (Trunking) (CC n.d.) | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies that carry out foreign direct investment, in the following categories: managers, executives, and specialists. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for measures regarding the entry, stay, and work of natural persons with temporary contract with companies holding foreign direct investment, in the following categories: managers, executives and specialists. |
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| 4. DISTRIBUTION SERVICES Will be applied to policy, legislation and competency measures that match | |||
| B. Wholesale trade (CCP 622) With the exclusion of CCP 62271 | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| C. Retail trade (CCP 631, 632, 6111, 6113, 6121), excluding CCP 63297 | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except the one indicated in the horizontal section. | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| D.? Franchising? (CCP 8929) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| 5. EDUCATIONAL SERVICES Excluded the teaching services provided by the Government, as well as grants heard by the same at the central, departmental and local level. | |||
| A.-Primary school services CCP 921 | 1) Non-consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| B.-Secondary education services (CCP 922) | 1) Non-consolidated 2) No 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated 2) No 3) Not consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Provision transfronteiriça2) Consumption in Exterior3) Commercial Presence 4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to National Treatment | Additional Compromtions |
| 6. SERVICES RELATED TO THE ENVIRONMENT The services deemed to be of public interest or public services at the national, regional or local level are subject to public monopoly or are bestowned exclusive rights of exploitation to private companies, and are therefore excluded from this list. | |||
| A. services by sewage system (CCP 9401) | 1) Non-consolidated 2) Non-consolidated 3) It is a monopoly of the ESSAP Public Company. In municipalities not covered by ESSAP, it is a faculty of the municipalities, which can be operated directly or outwards in concession, as per the municipal legislation and conditions approved by the Municipal Board in each case. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| B Waste disposal services (CCP 9402) | 1) Non-consolidated 2) Non-consolidated 3) It is a faculty of the municipalities, which can be explored, in a direct way, or outwards in concession, as per the municipal legislation and conditions approved by the Municipal Prefecture in each case. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| C Sanitation services and similar services (CCP 9403) | 1) Non-consolidated 2) No consolidated 3) It is a faculty of the municipalities, which can be explored, in a direct way, or outored in concession, as per the municipal legislation and conditions approved by Municipal Prefecture in each case .. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| XX_ENCODE_CASE_CAPS_LOCK_On exhaust gas cleaning services (CCP 9404) | 1) Non-consolidated 2) Non-consolidated 3) It is a faculty of the municipalities, which can be explored, in a direct way, or outored in concession, as per the municipal legislation and conditions approved by the Municipal Town Hall in each case. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 8. SOCIAL SERVICES and OF SALUD Excluded the social and health services provided by the Government, as well as grants heard by the same at the central, departmental and local level. | |||
| Hospital Services (CCP 9311) | 1) Non-consolidated 2) No 3) Not consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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Mode of Supply: 1) Delivery Mode transfronteiriça2) Consumption in Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitations to Access to Markets | Limitations to the National Treatment | Additional Appointments |
| 9. TOURISM SERVICES | |||
| A.-Hotels and restaurants (CCP 641-643) | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| B. 1 Services of travel agencies and organization of group travel (CCP 7471) | 1) None 2) No 3) Non-consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. | 1) No 2) No 3) Not consolidated, 4) Non-consolidated, except for the indicated in the horizontal section. |
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| B. 2 Services of travel agencies and group travel organization of receptive tour operators. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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C.-Tourist guides services (CCP 7472) 1) None
2) None
3) None
4) Non-consolidated, except for the nominee in section horizontal.1) None
2) None
3) None
| 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 11. TRANSPORT SERVICES | |||
| 11.A. SHIPPING SERVICES IS reserved for national flag vessels the total shipping and shipping cargo of the import and export cargo. Only in the event of insufficiency of cellars, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding their own Paraguayan flag fleet. Vessels rented or chartered by national shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Merchant Marine Directorate. | |||
| a.-Transport of passengers (CCP 7211) | 1) Non-consolidated 2) No 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) No 3) The majority of the capital of the owning companies of national vessels must belong to Paraguayan physical or legal persons or be incorporated to the country, as with the laws governing the incorporation of foreign capitals. 4) Non-consolidated, except for the nominee in the horizontal section. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Provision transfronteiriça2) Consumption in the Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitation to the Access to Markets | Limitations to National Treatment | Additional Compromtions |
| b.-Charload transport (CCP 7212) | 1) Non-consolidated 2) Non-consolidated 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. Only when the cellars are insufficient, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding that of their own Paraguayan flag fleet. Vessels rented or chartered by domestic shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Navy Directorate No. 4) Non-consolidated except for the indicated in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
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| c.-Rental of vessels with crew (CCP 7213) | 1) Non-consolidated 2) Non-consolidated, 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. Only when the cellars are insufficient, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding that of their own Paraguayan flag fleet. Vessels rented or chartered by domestic shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Navy Directorate No. 4) Non-consolidated except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
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| 11.B. TRANSPORT SERVICES BY INLAND WATERWAYS IS reserved for national flag vessels the total shipping and river transport of the import and export cargo. Only in the event of insufficiency of cellars, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding their own Paraguayan flag fleet. Vessels rented or chartered by national shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Merchant Marine Directorate. | |||
| a.-Transport of passengers (CCP 7221) | 1) Non-consolidated 2) No 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) No 3) The majority of the capital of the owning companies of national vessels must belong to Paraguayan physical or legal persons or be incorporated to the country, as with the laws governing the incorporation of foreign capitals. 4) Non-consolidated, exceot by the nominee in the horizontal session |
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| b.-Charload transport (CCP 7222) | 1) Non-consolidated 2) Non-consolidated 3) Must have in the country its actual and effective headquarters. The majority of the capital must be paraguaires. In the case of anonymous societies, the shares must be nominal. Only when the cellars are insufficient, Paraguayan companies will be able to rent or use charter vessels from other flags, up to a tonnage not exceeding that of their own Paraguayan flag fleet. Vessels rented or chartered by domestic shipowners of vessels enrolled abroad, to supply insufficiency of cellars, will require the authorization of the Navy Directorate No. 4) Non-consolidated except for the indicated in the horizontal section. | 1) Non-consolidated 2) Non-consolidated 3) The majority of the capital of the owning companies of domestic vessels must belong to Paraguayan physical or legal persons or have the capital incorporated into the country, as per the laws that rejam the incorporation of foreign capitals. It is reserved for national flag ships, the total of the shipping and shipping cargo from the import and export cargo. 4) Non-consolidated, except for the nominee in the horizontal section. |
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REPUBLIC OF PARAGUAY
Mode of Supply: 1) Provision transfronteiriça2) Consumption in the Exterior3) Presence Comercial4) Movement of physical people
| SECTOR OR SUBSECTOR | Limitation to the Access to Markets | Limitations to National Treatment | Additional Compromtions |
| c.-Rental of vessels with crew (CCP 7223) | 1), 2), 3) Local transport is reserved for national companies. It is not allowed to cabotage. National operating companies should be radicalized in the national territory and constituted under the laws of the Republic | 1), 2), and 3) The authorities reserve the right to establish taxes and differential tariffs in favor of the transpodors and local transport companies, with conditions of reciprocity. |
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| 11.F. ROAD TRANSPORT SERVICES |
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| |
| aTransport of passengers (CCP 7121 + 7122) | 1) Non-consolidated 2) No 3) Non-consolidated. The granting and authorization for these services is attribution of the Prefectures, within the municipal area and of SETAMA when it affects more than one Prefecture. The outwing of licences is discretionary and may be limited. Domestic operating companies are expected to be radicalized in the national territory and constituted under the laws of the nation. The company's constitution document is expected to include as an objective the exploration of the ride-hailing service. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated 2) No 3) Non-consolidated. The granting and authorization for these services is attribution of the Prefectures, within the municipal area and of SETAMA when it affects more than one Prefecture. The outwing of licences is discretionary and may be limited. Domestic operating companies are expected to be radicalized in the national territory and constituted under the laws of the nation. The company's constitution document shall include as an objective the holding of the passenger transport service .. 4) Non-consolidated, except for the indicated in the horizontal section. |
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| a1. International passenger transport Services of international passenger transport in the framework of ATTIT. Except urban international lines in border zones governed by bilateral convents under the principality of reciprocity. | 1) and 3) More than half of the social capital and the effective control of the international transport company, must be in power of natural or naturalized citizens of the ATIT Part that outorts the originating license. Physical and legal persons must possess real domicile in the country that bestows the originary licence. 1) Local transport is reserved for local companies. 2) No. 4) Every crew member of an international terrestrial, natural, naturalized or foreign transport medium, legal resident of any of the Parties to the ATIT, will be able to enter the territory of the other Parties, with the Ground Crew's Portfolio. Physical persons should possess real domicile in the country that outwits the originating license | 1) and 3) More than half of the social capital and the effective control of the transport company international, must be in power of natural or naturalized citizens of the Part of the ATIT that bestows the originating license. Physical and legal persons must possess real domicile in the country that bestows the originary licence. 1) Local transport is reserved for local companies. (2) No 4) Every crew member of an international terrestrial, natural, naturalized or foreign transport medium, legal resident of any of the Parties to the ATIT, shall be able to enter the territory of the other Parties, munched from the Land Crewning Portfolio. Physical persons should have real domicile in the country that outorates the originating license |
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| b. Transport of cargo (CCP 7212) | 1) Local transport is reserved to domestic companies. 2) Vehicles must be enabled as the provisions of the ATTIT. 3) More than half of the social capital and the effective control of the company, will be in power of paraguaires. Domestic operating companies are expected to be radicalized in the national territory and constituted under the laws of the nation. The company's constitution document is expected to include as an objective the exploration of the cargo transportation service in general. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Local transport this reserved to domestic companies 2) Vehicles must be enabled as per the provisions of ATTIT 3) More than half of the social capital and the effective control of the company, they will be in power of paraguaires. Domestic operating companies are expected to be radicalized in the national territory and constituted under the laws of the nation. More than half of the social capital and the effective control of the company must be in power of natural or naturalized citizens of the party who bestows the license originating 4) Non-consolidated, except for the nominee in the horizontal section. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4 Presence of Physical People
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| ALL OF THE SERVICES INCLUDED IN THIS LIST | 4. Non-consolidated, except for measures regarding the entry and temporary stay for the following categories of natural persons: I. Personnel transferred within the same company: Employees of a company established in territory of Chile temporarily transferred to the provision of a service upon commercial presence in Uruguayan territory: i) Managers: persons in charge of the direction of the organization or some of its departments or subdivisions and supervise and control the work of other supervisors, directives or professionals. It has the authority to hire or fire, recommend or dismiss or other actions linked to the personnel area such as promotion or license. They exercise discretionary authority in the daily activities. This exercise does not include first line supervisors (first line supervisors) unless those employees are professionals, as also does not include employees who, in a primary manner, perform the tasks required for the provision of the service. ii) Executives: persons in charge, fundamentally, of the management of the organization and have ample freedom of action to make decisions. They receive only supervision from direction of high executive levels, from the directory or from the shareholders. They do not develop, in a direct way, tasks related to the provision of the organization's (s) service. iii) Specialists: persons who possess expertise from an advanced level essential for the provision of the service and / or possess private domain knowledge of the organization, its techniques, research or organization management equipment, including the consultants in computer systems and programs and the consultants in installation of informatics equipment Duration of the stay of managers, executives and specialists: two years extended by equal period. II.Persons of Business: 1) Representatives of a service provider who are temporarily entering the territory of Uruguay to conclude agreements for sale of such services to that service provider, and / or 2) Employees of a legal person entering Uruguay to establish a commercial presence of that legal person in the Uruguayan territory or to conduct market studies for that service provider. | 4. Non-consolidated, except for measures regarding the categories of natural persons mentioned in Access to Markets |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments
Gift modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4 Presence of Physical People
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
|
| a) The representatives of these service providers or the employees of these legal persons will not participate in direct sales to the public nor will provide the same services. b) Refers solely to the employees of a legal person who does not have the commercial presence in Uruguay. c) These representatives or employees will not receive any remuneration from sources located in Uruguay. Duration of stay: 90 days extended on national territory for an additional 90 days. III. Providers of services by contract-Employees of legal persons. The employees of a company established in Chile who enter, in a temporary way, in Uruguayan territory to provide a service, according to one or several contracts concluded between their employer and one or several consumers of the service in the Uruguayan territory. a) Limits to the employees of established companies abroad who lack a commercial presence in Uruguay. b) The legal person has obtained a contract for the provision of a service in the Uruguayan territory. c) The employees of these companies established abroad receive their remuneration from their employer. d) Employees possess academic and other appropriate qualifications for the provision of the service. Stay deadlines: persons who have obtained a contract or an invitation that specifies the activity to be developed and, should it correspond, the remuneration you will receive abroad, may join and stay in Uruguayan territory for 15 days extended for 15 more days. Persons who have obtained a contract or lease of services or work and who join to provide services to a natural or legal person, radicalized in Uruguay, may join and stay in the Uruguayan territory for an extended year for an equal period indefinitely, while it lasts for their condition as a contract worker. IV. Professionals and Specialized Technicians: Natural persons joining Uruguay, for limited periods of time to provide or develop activities linked to their profession and specialty, under contract between them and a client located in the country: scientific, researchers, lecturers, professionals, academics, technicians, journalists, sportsmen and artists. 1. The physical person provides the service as an autonomous worker; 2. The physical person has obtained a service contract in Uruguay; |
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|
EASTERN REPUBLIC OF URUGUAY
List of specific appointments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
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| 3. If you receive a remuneration for the contract, the same will be paid, solely, to the physical person. 4. The physical person possesses the academic and other type of qualifications, suitable for the provision of the service. Duration of stay: persons who have obtained a contract or leasing of services or works and who enter to provide services to a natural or legal person radicalized in Uruguay may remain up to two years, extended for equal period. V. Representatives of Foreign Companies: (a) People who enter the country in character of judicial depository of foreign companies, for limited periods of time, hired between their employer and a customer domiciled in Uruguay, where the employer does not have a branch, receive their remuneration from abroad. b) People who enter Uruguay for being necessary their presence in the country for the requirements of outoring of licences to be fulfilled or?franchising?. Duration of stay: an extended year for equal periods while last for your condition as a company representative. |
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| 1. SERVICES PROVIDED TO COMPANIES |
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| A. Professional Services | For the provision of professional services it is necessary for physical persons to possess the recognized title recognized in Uruguay, and fix legal domicile in the country. The Uruguayan authorities will regulate the exercise of these professions in the future. The legal domicile does not imply residency in Uruguay |
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| a. Legal Services 861 except 86130 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section and in the note in Professional Services |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4 Presence of Physical People
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| II. SPECIFIC APPOINTMENTS SETORIALES | |||
| a. Legal documentation and certification services 86130 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. Not consolidated. It is necessary for natural or legal citizenship with 2 years for the least of the exercise of it. It is necessary residence in the country. 2. No 3. Not consolidated. It is necessary for natural or legal citizenship with 2 years for the least of the exercise of it. It is necessary residence in the country. 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
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| b. Accounting services, auditing and bookkeeping-books 862 | 1.No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services. |
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| c. Tributary Advisory Services 863 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
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| d. Architecture Services 8671 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| e. Engineering Services 8672 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services. |
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| g. Urban Planning and Landscape Architecture Services 8674 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
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| h. Medical Services and Dentars 9312 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section and in the note in Professional Services |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
|
| LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| i. Veterinary Services 932 | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. No 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
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| j. Services provided by midwives, nurses, physiotherapists and paramedical staff 93191 | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the nominee in the horizontal section and in the note in Professional Services |
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| B. Informatics and Services Condices CCP 84 services, except for?team-stamping? (n.d), digital certification (n.d) and others (CCP 849) | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in horizontal commitments. |
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| C. Research and Development Services |
| Grants for research and development are available only to the national providers. |
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| a. Research and Development Services of Natural Sciences 851 It does not include scientific and technical research in the territorial sea, the exclusive economic zone and the continental shelf of Uruguay. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| b. Social Sciences Research and Development Services and the Humanities 852 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| c. Interdisciplinary Research and Development Services 853 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical People
|
|
LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| D. Real Estate Services |
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| a. Real Estate Services relating to own or leased roots 8210 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| b. Real Estate Services by commission or by contract 8220 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| E. Services by rental without laborers |
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| b. Services for the rental of aircraft without crew 83104 | 1. Should it be a condo, the domicile requirement should be checked against 51% of the value of the aircraft. 2. No 3. Should it be a condo, the domicile requirement should be checked against 51% of the value of the aircraft. 4. Non-consolidated, except for the indicated in the horizontal section. | 1) The owners of aircraft, to apply for matriculation of them, should be domiciled in the Republic. Without prejudice to the indicated domiciliary requirement, aircraft of domestic companies should have Uruguayan matriculation. However, exceptionally, in order to guarantee the provision of the services or for reasons of national convenience, the aeronautical authority will be able to allow the use of foreign tuition aircraft. In the domestic aircraft shall only be able to perform duties on Uruguayan citizens, unless expressly provided otherwise by the competent authority. 2) No 3) The owners of aircraft, to apply for matriculation of them, should be domiciled in the Republic. Without prejudice to the indicated domiciliary requirement, aircraft of domestic companies should have Uruguayan matriculation. However, exceptionally, in order to guarantee the provision of the services or for reasons of national convenience, the aeronautical authority will be able to allow the use of foreign tuition aircraft. In the domestic aircraft shall only be able to perform duties on Uruguayan citizens, unless expressly provided otherwise by the competent authority. 4) Non-consolidated, except for the nominee in the horizontal section. |
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| c. Services by the rent of another means of transport without personnel Services by the rental of private cars without driver 83101-83102 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in horizontal commitments. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| d. Services for the rental of another type of machinery and equipment without laborers 83106/83109 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. |
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| e. Other 832 Services for the rental of personal effects and household utensils 832 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. |
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| F. Other Services Provided to Companies | |||
| a. Advertising Services 871 | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. |
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| b. Markets Research Services and Public Opinion Research 864 | 1) No 2) No 3) No 4). Non-consolidated, except for the indicated in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section .. |
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| c. Services of Consultants in Administration 865 | 1). No 2). No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal section. |
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| d. Services related to those of Consultants in Administration 866 | 1). No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. | 1). No 2) No 3). No 4). Non-consolidated, except for the indicated in the horizontal. section, except for the indicated in the horizontal section. |
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| e. Test services and technical analysis 8676 | 1 and 3 A provision of these activities is potestad of the Executive Power and / or Departmental Prefectures, the cases said, which may be delegated once adhered to the conformity assessment procedures 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1, and 3 A provision of these activities is facualty of the Executive Power and / or Departmental Prefectures, according to the cases, which could be delegated once the procedures are met of conformity assessment. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| h. Services related to mining 883-5115 | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| i. Services related to Manufacturing 884-885 (except for those understood in position 88442) | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| k. Placement and Supply Services 872 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| l. Research and security services 873 | 1. Companies and individual security providers who wish to perform these services should obtain the prior authorization of the Ministry of the Interior and sign up to the Registry of Companies and Security Providers that works in the orbit of that Ministry. Requirement of domicile or legal residence in the country. 2. No 3. Companies and individual security providers who wish to perform these services should obtain the prior authorization of the Ministry of the Interior and sign up to the Registry of Companies and Security Providers that works in the orbit of that Ministry. Requirement of domicile or legal residence in country 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Companies and individual security providers who wish to perform these services should obtain the prior authorization heard by the Ministry of the Interior and sign up to the Registry of Companies and Security Contractors that works in the orbit of that Ministry. Requirement of Household or legal residence in the country. 2. No 3. Companies and individual security providers who wish to perform these services should obtain the prior authorization of the Ministry of the Interior and sign up to the Registry of Companies and Security Providers that works in the orbit of that Ministry. Requirement of domicile or legal residence in country 4. Non-consolidated, except for the indicated in the horizontal section. |
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| n. Maintenance and repair services for equipment (excluding vessels, aircraft and other transport equipment) 633-8861-8866 | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| o. Building cleaning services 874 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in horizontal commitments. |
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| p. Photo services 875, except 87504 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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| q. Packaged services 876 | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical People
|
|
LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| r. Editorial and press services 88442 | 1. Solely a Uruguayan national will be able to perform as the writer or responsible manager * of a newspaper, magazine or periodical publication that is published in Uruguay. 2. No 3. Solely a Uruguayan national will be able to perform as the writer or responsible manager * of a newspaper, magazine or periodical publication that is published in Uruguay .. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Solely a Uruguayan national will be able to perform as the writer or responsible manager * of a newspaper, magazine or periodical publication published in Uruguay. 2. No 3. Solely a Uruguayan national will be able to perform as the writer or responsible manager * of a newspaper, magazine or periodical publication published in Uruguay. 4. Non-consolidated, except for the indicated in the horizontal section. |
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| s. Services provided on the occasion of assemblies or conventions 87909 * | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section |
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| t. Other Services Provided to Companies 8790 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for or indicated in the horizontal section |
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| t.1. Services of Translation and Interpretation 87905 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section |
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| t.2. Interiors Drawing services 87907 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section |
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| 2. COMMUNICATIONS SERVICES For the provision of communications services is required the authorization of the Executive Power. | |||
| B. Courier services 7512 | 1. No 2. None. 3. The URSEC Communications Services Regulatory unit bestows precarious character licenses to operate that lapse to the three years of its outoring, except that the outoring company, prior to its expiration, manifests its intention to renew it. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for or indicated in horizontal appointments. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments
Gift modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4 Presence of Physical People
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| C. Telecommunication Services The public services that as per national legislation should be heard under the granting or prior authorization scheme, shall be governed by the national legal planning and the contractual conditions agreed with the service provider. All services that imply use of basic telephony are subject to the monopoly of ANTEL. (See Attachment on Additional Commitments for the Telecommunications Services) | |||
| a. Mobile phone services CCP 75213 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| b) and c) Data transmission services (CCP 7523 * *) | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| f. Facsimile services (CCP 7521 * * + 7529 * *) | 1 and 3 None, except the installments derived from the telecommunications services that support the facsimile service. 2. No 4 Non-consolidated, except for the indicated in the horizontal section. | 1 and 3 None, except the installments derived from the telecommunications services that support the facsimile service. 2. No 4 Non-consolidated, except for the indicated in the horizontal section. |
|
| g. Rented private circuit services (CCP 7522 * * + 7523 * *) | 1. None for the data case. In the case of monopoly telephony of ANTEL 2. None for the data case. In the case of telephony, monopoly of ANTEL 3. None for the data case. In the case of telephony, monopoly of ANTEL 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None for the data case. In the case of monopoly telephony of ANTEL 2. None for the data case. In the case of telephony, monopoly of ANTEL 3. None for the data case. In the case of telephony, monopoly of ANTEL 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| h. CCP Electronic Mail 7523 * * | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| i. Voicemail 7523 * * | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| j. Extracting online information and databases 7523 * * | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None, except from the services subject to the exclusivity of ANTEL. 2. None, except from the services subject to the exclusivity of ANTEL. 3. None, except from the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| k. Electronic data exchange services (IED) 7523 * * | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| l. Enlarged / value-added facsimile services, included storage and retransmission and warehousing and retrieval CCP 7523 * * | 1 and 3 None, except for the benefits derived of the telecommunications services that support the facsimile service. 2. No 4 Non-consolidated, except for the indicated in the horizontal section. | 1 and 3 None, except the installments derived from the telecommunications services that support the facsimile service. 2. No 4 Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| n. Data processing and / or online information (with inclusion of transaction processing) 843 * * | 1. 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. None, except the services subject to the exclusivity of ANTEL. 2. None, except the services subject to the exclusivity of ANTEL. 3. None, except the services subject to the exclusivity of ANTEL. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| o. Other trunking Services (CCP 75299) Radio Services-People's Search (CCP 75291) Global Mobile Satellite Services (CCP 75299 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| D. Audiovisual services | |||
| d. Sound and image transmission services 7524. -Sound and television broadcasting services (AM, or C, FM, TV) | 1. and 3. A person cannot be benefited from the total or partial title of more than two frequencies in each of the three broadcasting tracks; it may not also be a holder, in whole or in part, of more than three broadcasting frequencies in total of the tracks OM, FM, TV. The SODRE will have preference over private individuals regarding the outoring of frequencies or channels and location of stations, as well as in all relative to the remaining conditions of installation and operation. The ownership of broadcasting, sound and television services companies must be of national physical or legal persons. Legal persons must have nominative actions and the totality of these must belong to Uruguayan physical persons. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. The ownership of broadcasting, sound and television services companies must be of national physical or legal persons. Legal persons must have nominative actions and the totality of these must belong to Uruguayan physical persons. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| -Radio and television services for abonados (fiber-coaxial hybrid networks, wireless terrestrial and by satellite) | 1. and 3. The ownership of radio and television service companies for abonados must be of national physical or legal persons. Legal domicile is required in Uruguay. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. The ownership of radio and television service companies for abonados must be of national physical or legal persons. It is necessary to have legal domicile in Uruguay. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| e. Sound recording | 1, 2, 3 Non-consolidated 4. Non-consolidated, except for the indicated in the horizontal section. | 1, 2, 3. Not consolidated, 4. Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| 3. BUILDING SERVICES | |||
| A. General construction work for edification 512 | 1. Non-consolidated * 2. No 3. Not consolidated 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| B. General construction work for civil engineering 513 | 1. Non-consolidated * 2. No 3. Not consolidated 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| 4. DISTRIBUTION SERVICES | |||
| A. Services of commissioners 621 | 1. Not consolidated 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Not consolidated 2. No 3. Requirement of Household in the country and must be enrolled in the National Register of Foreign Signatures Representatives of the Ministry of Economy and Finance. Law 16,497 to 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| B. Wholesale commercial services 622 Excludes 62271 (wholesale commercial services of solid fuels, liquids and gaseous and related products) | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| C. Retail commercial services 631632 6111 + 6113 + 6121 | 1. No 2. No 3. Prior authorization of the Executive Power is required, for the installation of new commercial establishments of large surfaces, which build from a total area intended for sale to the public of a minimum of 300 m2, intended for the sale of food and household items. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| D. Franchise services 8929 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OUSUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| 9. TRAVEL SERVICES AND SERVICES RELATED TO TRAVEL |
|
|
|
| A. Hotels and Restaurants (included Foreign Foods Sourcing Services by Contract) 641-643 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| B. Travel Agencies and Travel Organization Services in Groups 74710 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| C. Services of Tourism Guides 74720 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| 10.SERVIÇOS OF SPARING, CULTURAL AND SPORTING GOODS (except for audiovisual services) | |||
| A. Services of spectacles (included those of theatre, bands and orchestras and circuses) 9619 | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| 11.SERVIÇOS OF TRANSPORT The specific commitments embedded in the lists of commitments of the present negotiation, include, in addition to restrictions arising from the national normative, restrictions resulting from bilateral and multilateral agreements to those referred to in the Annexes on land transport and by water and on air transport of the Montevideo Protocol on Trade in Services of MERCOSUR. | |||
| A. Sevies of maritime transport | |||
| a. Passenger transport 7211 | 1. and 3. The maritime transport of cabotage services is reserved for national flag ships. To nab the company and its legal representative must have domicile in national territory. For cases where the traffic or service to which the ship is intended should fulfill, exclusively, within the national territory, they shall believe in what to correspond: (a) When the owners, participants or shipowners are physical persons, their condition of natural or legal citizens of the Republic and justifies their domicile on national territory. b) When the owners, participants or shipowners are legal, state or mixed legal persons:-that the half plus one of the partners is integrated by natural or legal citizens of the Republic (personal societies); | 1.e 3. The maritime transport of cabotage services is reserved for national flag ships. To nab the company and its legal representative must have domicile in national territory. For cases where the traffic or service to which the ship is intended should fulfill, exclusively, within the national territory, they shall believe in what to correspond: (a) When the owners, participants or shipowners are physical persons, their condition of natural or legal citizens of the Republic and justifies their domicile on national territory. b) When the owners, participants or shipowners are legal, state or mixed legal persons:-that the half plus one of the partners is integrated by natural or legal citizens of the Republic (personal societies); |
|
EASTERN REPUBLIC OF URUGUAY
List of specific appointments
Gift modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
|
| -by accounting and notarial constancy that most of the representative shares at least 51% of the computable votes are formed by nominative actions, owned by natural citizens or Uruguayan legal citizens;-that the control and direction of the company be exercised by natural or legal citizens Uruguayans. For the remaining cases: a) When your owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile on national territory. b) When their owners, participants or shipowners are private, state or mixed legal persons, they should believe:-Social domicile in national territory -control and direction of the company exerted by natural or legal citizens Uruguayans. Crew: For ships that will operate on authorized tracts, as a minimum 50% percent of its crew are expected to be natural or legal Uruguayan citizens, included the Captain. For ships that will operate in unauthorized traffic, it is sufficient for the captain, the head of machines and the operator radio or commissioner to be Uruguayan. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | -By accounting and notarial constancy that most of the representative shares at least 51% of the computable votes are integrated by nominative actions, owned by citizens natural or legal Uruguayan; and-That the control and direction of the company be exercised by natural or legal citizens Uruguayans. For the remaining cases: a) When your owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile on national territory. b) When their owners, participants or shipowners are private legal, state or mixed legal persons, they should believe:-Social domicile in national territory. -Control and direction of the company exerted by natural or legal citizens Uruguayans. Crew: For ships that will operate on authorized tracts, as a minimum 50% percent of its crew are expected to be natural or legal Uruguayan citizens, included the Captain. For ships that will operate in unauthorized traffic, it is sufficient for the captain, the head of machines and the operator radio or commissioner to be Uruguayan. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| B. Transport of cargo 7212 | 1. and 3. The maritime transport of cabotage is reserved for national tuition vessels. To nab the company and its legal representative must have legal domicile in the national territory. For cases where the traffic or service to which the ship is intended must comply within the national territory, they must believe in what to correspond: (a) When their owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile in national territory. b) When its owners, participants or shipowners are private, state or mixed legal persons, they should believe:-that the half plus one of the partners is integrated by natural or legal citizens of the Republic (personal societies);-by accounting and notarial constancy that the majority of the representative shares at least 51% of the computable votes are formed by nominative actions, owned by natural citizens or Uruguayan legal ones;. |
|
|
EASTERN REPUBLIC OF URUGUAY
List of specific appointments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
|
|
| 1. and 3. The maritime transport of cabotage is reserved for national tuition vessels. To nab the company and its legal representative must have legal domicile in the national territory. For cases where the traffic or service to which the ship is intended must comply within the national territory, they must believe in what to correspond: (a) When their owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile in national territory. b) When their owners, participants or shipowners are private legal, state or mixed legal persons, they should believe:-Social domicile in national territory. -Control and direction of the company, exerted by natural or legal citizens Uruguayans. Crew: For ships that will operate on authorized tracts, as a minimum 50% percent of its crew are expected to be natural or legal Uruguayan citizens, included the Captain. For ships that will operate in unauthorized traffic, it is sufficient for the captain, the head of machines and the operator radio or commissioner to be Uruguayan. |
|
|
| -that the company's control and direction are exerted by natural or legal Uruguayan citizens. In the remaining cases: a) When your owners, participants or natural or legal Republic of the Republic and justify their domicile on the national territory. (b) When its owners, participants or shipowners are private or physical legal persons, they should believe their condition of state or mixed citizens:-Social domination in the national territory -Control and direction of the company, exercised by natural or legal citizens Uruguayan Crew: For ships that will operate on authorized tracts, as a minimum 50% must be natural or legal Uruguayan citizens, included the Captain. For ships that will operate in unauthorized traffic, they should only be natural or legal citizens Uruguayan the Captain, the Chief Machine and Operator Radio or Commissioner. Reserve of charge applicable by the effective application of the reciprocity principle. The Convenium between the Eastern Republic of Uruguay and the Federative Republic of Brazil on maritime transport sets up 50% of exchange traffic frets reserved for each flag. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | -That the control and direction of the company are exerted by natural or legal citizens Uruguayans. In the remaining cases: a) When the owners, participants or shipowners are physical persons, they should believe their condition of natural or legal citizens of the Republic and justify their domicile on national territory. b) When the owners, participants or shipowners are private legal, state or mixed legal persons:-Social Household in the national territory. -Control and direction of the company, exerted by natural or legal citizens Uruguayans. Crew: For ships that will operate on authorized tracts, as a minimum 50% must be natural or legal Uruguayan citizens, included the captain. For ships that will operate in unauthorized traffic, they should only be natural or legal citizens Uruguayan the Captain, the Head of Machines and Radio Operator or Commissioner. In Thracians authorized by the Convian with Brazil 50% of the crew must be Uruguayan. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments
Gift modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| e. Towing and traction services 7214 | 1. and 3. Towing and traction services involving cabotage operations between ocean shoreline harbour is reserved for national flag vessels. As a minimum 50% percent of the crew is expected to be Uruguayan, included Captain. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. To nab a ship must be believed to be that company and representative have legal domicile in the national territory. As a minimum 50% percent of the crew is expected to be Uruguayan, included Captain 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| Port-operating services 7451 | 1. Non-consolidated * 2. No 3. It is incumbent on the General Assembly of the Legislative Power the habilitation of the Ports. The provision of port services by private companies will be exercised under the terms and conditions laid down by the regulation downloaded by the Executive Power with advisories of the National Ports Administration. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. It is incumbent on the General Assembly of the Legislative Power the habilitation of the Ports. The provision of port services by private companies will be exercised under the terms and conditions laid down by the regulation downloaded by the Executive Power with advisories of the National Ports Administration .. 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| XX_ENCODE_CASE_One auxiliary transport services Maritime transport services objective of shipping | 1) Non-consolidated * with the caveat that there are no limitations to the transshipments (from edge to edge or by the quay) and / or for the use of board cargo handling equipment 2) No 3) No * * providers of these services shall obtain prior authorization from the Executive Power. 4) Non-consolidated, except for the indicated in the horizontal section. | 1) Non-consolidated * with the caveat that there are no limitations to the transshipments (from edge to edge or by the quay) and / or to the use of a load handling equipment of a board 2) No 3) No 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| Storage services 742 | 1) Non-consolidated * 2) No 3) No * 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Non-consolidated * 2) No 3) No * * 4) Non-consolidated, except for the indicated in the horizontal section. |
|
| Service stations and container depots | 1) Non-consolidated 2) No 3) None. The providers of these services shall obtain a concession and / or prior authorization from the Executive Power in accordance with national law and with the contractual conditions agreed with the service provider. 4) Non-consolidated, except for the nominee in the horizontal section. | 1) Not consolidated 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| Services from maritime agencies Services of freight forwarders (seafarers) | 1) No 2) No 4) Not consolidated, except for the nominee in the section horizontal. | 1) No 2) No 3) No 4) Non-consolidated, except for the nominee in the horizontal section. |
|
| B. Transport by inland waterways In the regard to shipping, trade and transportation of goods and people who understand the use of the Hidrovia Paths raná-Paraguay (including the different de-icing arms of the latter, from Cáceres, in the Federative Republic of Brazil to New Palmyra, in the Eastern Republic of Uruguay and the Tamengo Canal, tributary of the Paraguay River, shared by the Republic of Bolivia and the Federative Republic of Brazil) are governed by the corresponding Convennial. | |||
| a. Passenger transport 7221 | 1. and 3. The cabotage is reserved for national flag vessels, except where there are no available in the national ship registration. To carry out the service the ship must possess national flag and shall be accredited: a) When the owners, participants or shipowners are physical persons, their condition of natural or legal citizens of the Republic and justifies their domicile on the national territory. b) When its owners, participants or shipowners are private, state-owned or mixed legal persons, they should believe in what to match:-That half plus one of the partners are natural or legal citizens Uruguayans, domiciled in the Republic (personal societies)-By accounting and notarial constancy, that most shares, representative of at least 51% of the computable votes, are formed by nominative actions, owned by natural citizens or Uruguayan legal ones. -That the control and direction of the company are exercised by natural or legal citizens Uruguayans; The transverse river transport of passengers and vehicles between border ports of Uruguay and Argentina is reserved for Uruguayan and Argentine flag ships upon regular service. As a minimum 50% percent of the crew is expected to be Uruguayan, included Captain 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. The cabotage is reserved for national flag vessels, except where there are no available in the national ship registration. To carry out the service the ship must possess national flag and shall be accredited: a) When the owners, participants or shipowners are physical persons, their condition of natural or legal citizens of the Republic and justifies their domicile on the national territory. b) When its owners, participants or shipowners are private, state or mixed legal persons, they should believe in what to correspond:-that half plus one of the partners are natural or legal citizens Uruguayans, domiciled in the Republic (personal societies); and-by accounting and notarial constancy, that most shares, representative, at least, of 51% of the computable votes, be formed by nominative actions, owned by natural or legal citizens uruguaios-That the control and direction of the company are exercised by natural or legal citizens Uruguayans; jJJJ 2. No 4. Non-consolidated, except for the indicated in the horizontal section. As a minimum 50% of the crew must be Uruguayan included the Captain. |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS |
| b. Transport of cargo 7222 | 1. and 3. Reserved for national flag vessels, except where they are not available in the national ship registration and shall be believed: (a) When the owners, participants or shipowners are physical persons, they shall have their condition of natural or legal citizens of the Republic and justify their domicile on the national territory. b) When their owners, participants or shipowners are private, state or mixed legal persons, they should believe, when they correspond:-that the half plus one of the partners are natural or legal citizens Uruguayans, domiciled in the Republic (personal Societies). -By accounting and notarial constancy, that most of the representative actions of at least 51% percent of the computable votes are formed by nominative actions, owned by natural citizens or Uruguayan legal. -That the control and direction of the company be exercised by natural or legal citizens Uruguayans. As a minimum 50% percent of the crew must be natural or legal citizens Uruguayans, included Captain. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. To carry out the service the ship shall possess national flag, except when they do not have a national ship registration and must believe: (a) When the owners, participants or shipowners are physical persons, they shall owe their condition to natural or legal citizens of the Republic and justify their domicile on the national territory. b) When their owners, participants or shipowners are private, state or mixed legal persons, they should believe, when they correspond:-that the half plus one of the partners are natural or legal citizens Uruguayans, domiciled in the Republic (personal Societies). -By accounting and notarial constancy, that most of the representative actions of at least 51% percent of the computable votes are formed by nominative actions, owned by natural citizens or Uruguayan legal. -That the control and direction of the company be exercised by natural or legal citizens Uruguayans. As a minimum 50% percent of the crew must be natural or legal citizens Uruguayans, included Captain. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| c. Rental of vessels with crew 7223 | 1. and 3. Reserved for national flag vessels, except when there are no national vessels available in the matriculation. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. and 3. The alugator must be a national shipowner. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. |
|
| e. Towing and traction services 7224 | 1. and 3. Towing and traction services involving cabotage operations are reserved for national flag vessels, except where there are no available in the national ship registration. 2. No 4. Non-consolidated, except for the indicated in the horizontal section. Crew: as a minimum 50% must be natural or legal Uruguayan citizens, included the Captain | 1 and 3 The towing and traction services that entail cabotage operations are reserved for national flag ships, except where there are no available in the national ship registration. 2.Nenhuma 4.Não consolidated, except for the indicated in the horizontal section. Crew: as a minimum 50% must be natural or legal citizens Uruguayans, included the Captain |
|
EASTERN REPUBLIC OF URUGUAY
List of specific commitments.
Gift Modes: 1. Cross-border provision 2. Consumption abroad 3. Commercial presence 4. Presence of Physical Persons
| SECTOR OR SUBSECTOR | LIMITATIONS ON ACCESS TO MARKETS | LIMITATIONS TO NATIONAL TREATMENT | ADDITIONAL APPOINTMENTS | |
| Port-operating services 7451 | 1. Non-consolidated * 2. No 3. It is incumbent on the General Assembly of the Legislative Power the habilitation of the Ports. The provision of port services by private companies will be exercised under the terms and conditions laid down by the regulation downloaded by the Executive Power with the Advising of the National Ports Administration. 4. Non-consolidated, except for the indicated in the horizontal section. | 1. Non-consolidated * 2. No 3. It is incumbent on the General Assembly of the Legislative Power the habilitation of the Ports. The provision of port services by private companies will be exercised under the terms and conditions laid down by the regulation downloaded by the Executive Power with the Advising of the National Ports Administration. 4. Non-consolidated, except for the indicated in the horizontal section. |
| |
| C. Aerial transport services |
|
|
| |
| Sale and commercialization of air transport services | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
| |
| Maintenance of aircraft | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
| |
| H. Ancillary services related to all means of transport |
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| b.Services of storage and deposit 742 (except the regime of deposits or of fiscal storage) | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. | 1. No 2. No 3. No 4. Non-consolidated, except for the indicated in the horizontal section. |
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ANNEX
ADDITIONAL COMMITMENTS FROM URUGUAY
FOR TELECOMMUNICATION SERVICES
Definitions
(i)?Telecommunications services? means the transport of the electromagnetic signals-sound, data, image and any combination of them, except broadcasting. Therefore, the commitments in this sector do not encompass economic activity that consists of the provision of contents that require the telecommunications services for their transportation. The provision of such content, carried by a telecommunications service, is subject to the specific commitments determined by the parties in other relevant sectors.
(ii) One?regulatory authority? means the scope or ambit tasked with carrying out the tasks of regulation related to the themes mentioned in this annex.
(iii)?essential facilities in telecommunications? means communications facilities of public telecommunications transport networks and services that:
a) are provided exclusively or in a predominant manner by a single or limited number of providers; and
b) cannot be feasible to be substituted economically nor from the technical point of view to provide the service.
I. Regulatory authority.
Regulatory authorities of telecommunications services are independent of any basic telecommunications service provider.
1.As decisions and the procedures used by the regulators will be impartial to all market participants.
2.Um-affected provider affected by the decision of a regulatory authority has the right to appeal against such a decision to refer the case to the court when they have been complied with all administrative procedures.
II. Provision of the services
1.Nos cases in which for the provision of a telecommunications service if you require a licence or permit, the terms and conditions for obtaining such a licence will be available to the public. Outrossim, the period of time required to adopt a decision regarding a permit or a permit, will be given to know the public.
2.Quando for the provision of the service if it requires a license or authorization, the reasons for or rehash of the solicitation should be brought to the requester's knowledge.
III. Safeguards of competence
1. Appropriate measures will be implemented to prevent providers from developing anti-competitive practices.
2. The anticompetitive practices mentioned in the preceding paragraph include, in particular:
a) implement measures that, in accordance with national legal planning and the policies set by the regulator, derive in an anti-competitive practice;
b) the use of information obtained from competitors with anticompetitive results, and
c) a non-facilitation to other service providers, in a timely manner, from technical information on the essential facilities and relevant information necessary for the provision of the services.
IV. Interconnect
1. This section refers to the connection with the providers who provide public telecommunications transport networks or services in order to allow the users of a provider to communicate with the users of another provider and have access to the services provided by another provider.
2. Interconnection with a major provider at any technically feasible point in the network shall be guaranteed in accordance with the national legal planning and the policies set out by the regulator. The interconnection with a major provider will be ensured at any feasible technical point in the network in accordance with the national and policy regulations set by the regulator. Such an interconnection will be provided in accordance with, among others, the following principles:
a) in terms, conditions (including technical standards and specifications) and non-discriminatory tariffs and of a no less favourable quality than that provided to their own similar services or to the similar services from unaffiliated service providers or to their subsidiaries or other affiliates;
b) in a timely manner, to cost-oriented and under-conditions, and terms (including technical standards and specifications) transparent, reasonable, leading in it counts the economic factibility, and the sufficiently disaggregated, in order that the provider should not pay for components or network facilities that it does not need for the provision of the service.
3.The applicable procedures for the interconnection will be of public knowledge.
4. The providers will facilitate third parties to interconnect arrangements in order to ensure non-discrimination and to publish the reference interconnection offers beforehand.
V. Scarce resources
Any procedure for the targeting and use of scarce resources, including frequencies, the numbers and the step rights, will be carried out objectively, timely, transparent and non-discriminating
VI. Universal service
1. Each party is entitled to define the type of universal obligation of the service it wants to maintain
2. The provisions of the universal service will be transparent, objective and no longer onerous of the necessary.
(*) N. of COEJO:Republican for having left at the DOU of 1/18/2010,
Section 1, pg. 1, with omission.
