Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Local Presence (Article 9.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

All existing non-conforming measures at the regional level of government.

Senior Management and Boards of Directors (Article 10.8)

Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

The following investment activities require notification and prior approval from the Australian Government:

• proposed acquisitions by foreign persons^23-[63] of substantial interests^23-[64] in existing Australian businesses with total assets valued at more than $A100 million;
• proposals by foreign persons to take over offshore companies whose Australian subsidiaries or gross assets account for 50 per cent or more of the target company's global assets and are valued at more than $A100 million;
• proposals by foreign persons to take over offshore companies whose Australian subsidiaries or gross assets account for less than 50 per cent of the target company's global assets and are valued at more than $A200 million;
• proposals by foreign persons to establish new businesses in Australia involving a total investment of $A10 million or more;
• proposed direct investments by foreign governments or their agencies, irrespective of size;
• proposed direct (non-portfolio) investments by foreign persons in the media sector, irrespective of size, and all portfolio investments of five per cent or more in existing businesses in the media sector;
• proposed acquisitions by foreign persons of interests in urban land (including interests that arise via leases, financing and profit sharing arrangements and the acquisitions of interests in urban land corporations and trusts) that involve the:
  • proposed acquisition of developed non‑residential commercial real estate where the property is valued at $A5 million or more and is subject to heritage listing; or
  • proposed acquisition of developed non‑residential commercial real estate where the property is valued at $A50 million or more and is not subject to heritage listing; and
• proposals where any doubt exists as to whether they are notifiable (funding arrangements that include debt instruments having quasi-equity characteristics will be treated as direct foreign investment).

Notified investments may be refused, subject to interim orders, and/or approved subject to compliance with certain conditions.

Separate or additional requirements may apply to measures subject to other Annex I non-conforming measures and to sectors, sub-sectors or activities subject to Annex II.

Corporations Regulations 2001 (Cth)

At least one director of a private company must be ordinarily resident in Australia.

At least two directors of a public company must be ordinarily resident in Australia.

At least one secretary of a private company (if such a private company appoints one or more secretaries) must be ordinarily resident in Australia.

At least one secretary of a public company must be ordinarily resident in Australia.

Patent Regulations (Cth)

In order to register to practise in Australia, patent attorneys must be ordinarily resident in Australia^23-[65].

Most-Favoured-Nation Treatment (Article 9.4)

To practise as a migration agent in Australia a person must be an Australian citizen or permanent resident or a citizen of New Zealand with a special category visa.

A person who is not ordinarily resident in Australia may be refused registration as a company auditor. At least one partner in a firm providing auditing services must be a registered company auditor who is ordinarily resident in Australia.

Foreign Fishing Licences Levy Act 1991 (Cth)

Foreign fishing vessels^23-[66] seeking to undertake fishing activity in the Australian Fishing Zone must be authorised.

Where foreign fishing vessels are authorised to undertake such fishing activity, they may be subject to a levy^23-[67].

Local Presence (Article 9.6)

To act as a customs broker^23-[68] in Australia, service suppliers must provide the service in and from Australia.

Senior Management and Boards of Directors (Article 10.8)

Aggregate foreign equity is restricted to no more than 35 per cent of shares of Telstra. Individual or associated group foreign investment is restricted to no more than five per cent of shares.

The Chairperson and a majority of directors of Telstra must be Australian citizens and Telstra is required to maintain its head office, main base of operations and place of incorporation in Australia.

Senior Management and Boards of Directors (Article 10.8)

The votes attached to significant foreign shareholdings^23-[69] are prevented from being counted in respect to the appointment, replacement or removal of more than one third of CSL's directors who hold office at a particular time. The head office and principal facilities used to produce products derived from human plasma collected from blood or plasma donated by individuals in Australia must remain in Australia. Two-thirds of the directors of the board of CSL and the chairperson of any meeting must be Australian citizens. CSL must not seek incorporation outside of Australia.

Local Presence (Article 9.6)

Every ocean carrier who provides international liner cargo shipping services to or from Australia must, at all times, be represented by a natural person who is resident in Australia.

Only Australian flag operators may apply to the Australian Competition and Consumer Commission to examine whether conference members, and non-conference operators with substantial market power, are hindering other shipping operators from engaging efficiently in the provision of outward liner cargo services to an extent that is reasonable.

Sector:

Senior Management and Boards of Directors (Article 10.8)

Ministerial Statement

Total foreign ownership of Australian international airlines (other than Qantas) is restricted to a maximum of 49 per cent.

Furthermore, it is required that:

• at least two-thirds of the Board members must be Australian citizens;
• the Chairperson of the Board must be an Australian citizen;
• the airline's head office must be in Australia; and
• the airline's operational base must be in Australia.

Senior Management and Boards of Directors (Article 10.8)

Total foreign ownership of Qantas Airways Ltd is restricted to a maximum of 49 per cent in aggregate, with individual foreign holdings limited to 25 per cent and aggregate holdings by foreign airlines to 35 per cent. In addition:

• the head office of Qantas must always be located in Australia;
• the majority of Qantas' operational facilities must be located in Australia;
• at all times, at least two-thirds of the directors of Qantas must be Australian citizens;
• at a meeting of the board of directors of Qantas, the director presiding at the meeting (however described) must be an Australian citizen; and
• Qantas is prohibited from taking any action to become incorporated outside Australia.

Classification:

Decree with Force of Law (D.F.L.) 4 of the Ministry of Foreign Affairs, Official Gazette, November 10, 1967 (Decreto con Fuerza de Ley (D.F.L.) 4 del Ministerio de Relaciones Exteriores, Diario Oficial, noviembre 10, 1967)

Chile may only dispose of the ownership or other rights over "State land" to Chilean natural or juridical persons, unless the applicable legal exceptions, such as in Decree Law 1939 (Decreto Ley 1939), apply. "State land" for these purposes refers to State owned land up to a distance of 10 kilometers from the border and up to a distance of five kilometers from the coastline.

Corporeal immovable property situated in areas declared "the borderland zone" by virtue of D.F.L 4 of the Ministry of Foreign Affairs, 1967 (D.F.L. 4 del Ministerio de Relaciones Exteriores, 1967) may not be acquired, either as property or in any other title, by (1) natural persons with nationality of a neighbouring country; (2) juridical persons with their principal seat in a neighbouring country; (3) juridical persons with 40 per cent or more of capital owned by natural persons with nationality of a neighbouring country; or (4) juridical persons effectively controlled by such natural persons. Notwithstanding the foregoing, this limitation may not apply if an exemption is granted by a Supreme Decree (Decreto Supremo) of the President of the Republic based on considerations of national interest.

Classification:

Local Presence (Article 9.6)

A minimum of 85 per cent of employees who work for the same employer shall be Chilean natural persons. This rule applies to employers with more than 25 employees under a contract of employment (contrato de trabajo). Expert technical personnel who cannot be replaced by Chilean personnel shall not be subject to this provision, as determined by the Directorate of Labour (Dirección del Trabajo).

An employee shall be understood to mean any natural person who supplies intellectual or material services, under dependency or subordination, pursuant to a contract of employment.

Article 20 of the Código del Trabajo shall be understood to mean that the personnel that an investor of Australia that has made an investment under Chapter 10 (Investment) requires for starting up in Chile will be treated, for a period of 18 months from the date of start up, as specialised technical personnel that cannot be replaced by national personnel.

For greater certainty, a contrato de trabajo is not mandatory for the supply of cross–border trade in services.

Classification:

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

Law 18.168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II and III (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II y III)

Law 19.733, Official Gazette, June 4, 2001, Law on Liberties of Opinion and Information and the Exercise of Journalism, Titles I and III (Ley 19.733, Diario Oficial, junio 4, 2001, Ley sobre las Libertades de Opinión e Información y Ejercicio del Periodismo, Títulos I y III)

The owner of a social communication medium such as sound and image transmissions or a national news agency, shall in the case of a natural person have a duly established domicile in Chile and in the case of a juridical person shall be constituted with domicile in Chile or have an agency authorised to operate within the national territory. Only Chilean nationals may be president, administrators or legal representatives of the juridical person. In the case of public radio broadcasting services, the board of directors may include foreigners only if they do not represent the majority. The legally responsible director and the person who subrogates him/her must be Chilean with domicile and residence in Chile.

Requests for public radio broadcasting concessions submitted by juridical persons in which foreigners hold an interest exceeding 10 per cent of the capital shall be granted only if proof is previously provided verifying that similar rights and obligations as those that the applicants will enjoy in Chile are granted to Chilean nationals in their country of origin.

The National Television Council may establish, as a general requirement, that programs broadcast through public (open) television channels include up to 40 per cent of Chilean production.

Only juridical persons duly constituted in Chile and having domicile in Chile may be the titleholders or make use of permits for radio broadcasting telecommunications services. Only Chilean nationals may be president, managers or legal representatives of the juridical person.

Only juridical persons duly constituted in Chile and having domicile in Chile may be the titleholders or make use of permits for limited cable television or microwave television services. Only Chilean nationals may be president, directors, managers, administrators or legal representatives of the juridical person.

Classification:

CPC 13 Uranium and thorium ores

CPC 14 Metal ores

CPC 16 Other minerals

Performance Requirements (Article 10.7)

Law 18.097, Official Gazette, January 21, 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097, Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III)

Law 18.248, Official Gazette, October 14, 1983, Mining Code, Titles I and II (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y II)

Law 16.319, Official Gazette, October 23, 1965, Creates the Chilean Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario Oficial, octubre 23, 1965, crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III)

The exploration, exploitation, and treatment (beneficio) of liquid or gaseous hydrocarbons, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined, in each case by a Supreme Decree of the President of the Republic. For greater certainty, it is understood that the term "treatment" (beneficio) shall not include the storage, transportation or refining of the energy material referred to in this paragraph.

The production of nuclear energy for peaceful purposes may only be carried out by the Chilean Nuclear Energy Commission (Comisión Chilena de Energía Nuclear) or, with its authorisation, jointly with third persons. Should the Commission grant such an authorisation, it may determine the terms and conditions thereof.

Classification:

CPC 14 Metal ores

CPC 16 Other minerals

Performance Requirements (Article 10.7)

Law 18.097, Official Gazette, January 21, 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097, Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III)

Law 18.248, Official Gazette, October 14, 1983, Mining Code, Titles I and III (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y III)

Law 16.319, Official Gazette, October 23, 1965, Creates the Chilean Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario Oficial, octubre 23, 1965, crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III)

The exploration, exploitation, and treatment (beneficio) of lithium, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined, in each case by a Supreme Decree of the President of the Republic.

Chile has the right of first refusal, at the customary market prices and terms, for the purchase of mineral products from mining operations in Chile when thorium or uranium are contained in significant amounts therein.

For greater certainty, Chile may demand that producers separate from mining products the portion of:

(1) liquid or gaseous hydrocarbons;

(2) lithium;

(3) deposits of any kind existing in sea waters subject to national jurisdiction; and

(4) deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, that exists, in significant amounts, in such mining products and that can be economically and technically separated, for delivery to or for sale on behalf of the State. For these purposes, "economically and technically separated" means that the costs incurred to recover the four types of substances referred to above through a sound technical procedure and to commercialise and deliver those substances shall be lower than their commercial value.

Extracted natural atomic materials and lithium, and their concentrates, derivatives and compounds, cannot be subject to any kind of juridical acts, unless executed or entered into by the Chilean Nuclear Energy Commission (Comisión Chilena de Energía Nuclear), or with its prior authorisation. Should the Commission grant an authorisation, it shall determine, in turn, the conditions granted therein.

Classification:

A concession or authorisation is required for the use of beaches, land adjacent to beaches (terrenos de playas), water-columns (porciones de agua) and sea-bed lots (fondos marinos) to engage in aquaculture activities.

Only Chilean natural or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may hold an authorisation or concession to carry out aquaculture activities.

Classification:

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I and II (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I y II)

A permit issued by the Vice-Ministry of Fishing (Subsecretaría de Pesca) is required in order to harvest and catch hydrobiological species in internal waters, in the territorial sea and in the exclusive economic zone.

Only Chilean natural persons or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may hold permits to harvest and catch hydrobiological species.

Only Chilean vessels are permitted to fish in internal waters, in the territorial sea and in the exclusive economic zone. "Chilean vessels" are those defined in the Navigation Law (Ley de Navegación). Access to industrial extractive fishing activities shall be subject to prior registration of the vessel in Chile.

Only a Chilean natural or juridical person may register a vessel in Chile. Such juridical person must be constituted in Chile with principal domicile and real and effective seat in Chile. The president, manager and the majority of the directors or administrators must be Chilean natural persons. In addition, more than 50 per cent of its equity capital must be held by Chilean natural or juridical persons. For these purposes, a juridical person with ownership participation in another juridical person that owns a vessel has to comply with all the requirements mentioned above.

A joint ownership (comunidad) may register a vessel if (1) the majority of the joint ownership is Chilean with domicile and residency in Chile; (2) the administrators are Chilean natural persons; and (3) the majority of the rights of the joint ownership (comunidad) belong to a Chilean natural or juridical person. For these purposes, a juridical person with ownership participation in a joint ownership (comunidad) that owns a vessel has to comply with all the requirements mentioned above.

An owner (natural or juridical person) of a fishing vessel registered in Chile prior to June 30, 1991 shall not be subject to the nationality requirement mentioned above.

In cases of reciprocity granted to Chilean vessels by any other country, fishing vessels specifically authorised by the maritime authorities pursuant to powers conferred by law may be exempted from the requirements mentioned above on equivalent terms provided to Chilean vessels by that country.

Access to small-scale fishing (pesca artesanal) activities shall be subject to registration in the registry for small-scale fishing (Registro de Pesca Artesanal). Registration for small-scale fishing (pesca artesanal) is only granted to Chilean natural persons and foreign natural persons with permanent residency, or a Chilean juridical person constituted by the aforementioned persons.

Classification:

CPC 882 Services incidental to fishing

CPC 96499 Other recreational services n.e.c.

Supreme Decree 77 of the Ministry of National Defence, Official Gazette, August 14, 1982 (Decreto Supremo 77 del Ministerio de Defensa Nacional, Diario Oficial, agosto 14, 1982)

Any person who owns guns, explosives or similar substances must register with the appropriate authority in its domicile, for which purpose a request shall be submitted to the General Directorate for National Mobilisation of the Ministry of National Defence (Dirección General de Movilización Nacional del Ministerio de Defensa Nacional).

Any natural or juridical person registered as an importer of fireworks may request authorisation for importation and entrance thereof into Chile from Group No. 3 of the General Directorate for National Mobilisation and may keep stocks of the said elements for sale to persons holding authorisation to stage pyrotechnical shows.

The Supervisory Authority (Autoridad Fiscalizadora) shall only authorise pyrotechnical shows if a report is available with regard to the installation, development, and security measures for the show, which must be signed and approved by a fireworks programmer registered in the national registries of the General Directorate for National Mobilisation or by a professional certified by the said General Directorate.

For the production and execution of pyrotechnical shows, the presence of at least a fireworks expert handler registered with the General Directorate shall be required.

Classification:

CPC 749 Other supporting and auxiliary transport services

Local Presence (Article 9.6)

D.F.L. 2 of the Ministry of Finance, 1998 (D.F.L. 2 del Ministerio de Hacienda, 1998)

Only Chilean natural persons may act as customs brokers (Despachadores de Aduana) or agents (Agentes de Aduana).

Classification:

Only Chilean nationals may provide services as private armed security guards.

Classification:

CPC 853 Interdisciplinary research and experimental development services

CPC 882 Services incidental to fishing

Foreign natural and juridical persons intending to conduct research in the Chilean 200-mile maritime zone shall be required to submit a request six months in advance to the Chilean Army Hydrographic Institute (Instituto Hidrográfico de la Armada de Chile) and shall comply with the requirements established in the corresponding regulation.

Classification:

CPC 853 Interdisciplinary research and experimental development services

CPC 8675 Engineering related scientific and technical consulting services

Decree 559 of the Ministry of Foreign Affairs, Official Gazette, January 24, 1968 (Decreto 559 del Ministerio de Relaciones Exteriores, Diario Oficial, enero 24, 1968)

D.F.L. 83 of the Ministry of Foreign Affairs, Official Gazette, March 27, 1979 (D.F.L. 83 del Ministerio de Relaciones Exteriores, Diario Oficial, marzo 27, 1979)

Natural persons representing foreign juridical persons, or natural persons residing abroad, intending to perform explorations for work of a scientific or technical nature, or mountain climbing, in areas that are adjacent to Chilean borders shall apply for the appropriate authorisation through a Chilean consul in the country of domicile of the natural person. The Chilean consul shall then send such application directly to the National Directorate of Borders and Frontiers of the State (Dirección Nacional de Fronteras y Límites del Estado). The Directorate may order that one or more Chilean natural persons working in the appropriate related activities shall join the explorations in order to become acquainted with the studies to be undertaken.

The Operations Department of the National Directorate of Borders and Frontiers of the State (Departamento de Operaciones de la Dirección Nacional de Fronteras y Límites del Estado) shall decide and announce whether it authorises or rejects geographic or scientific explorations to be carried out by foreign juridical or natural persons in Chile. The National Directorate of Borders and Frontiers of the State shall authorise and will supervise all explorations involving work of a scientific or technical nature, or mountain climbing, that foreign juridical persons or natural persons residing abroad intend to carry out in areas adjacent to Chilean borders.

Classification:

Supreme Decree 484 of the Ministry of Education, Official Gazette, April 2, 1991 (Decreto Supremo 484 del Ministerio de Educación, Diario Oficial, abril 2, 1991)

Foreign juridical or foreign natural persons intending to perform excavations, surveys, probing and/or collect anthropological, archeological or paleontological material must apply for a permit from the National Monuments Council (Consejo de Monumentos Nacionales). In order to obtain the permit, the person in charge of the research must be engaged by a reliable foreign scientific institution and must be working in collaboration with a Chilean governmental scientific institution or a Chilean university.

The aforementioned permit can be granted to (1) Chilean researchers having the pertinent scientific background in archeology, anthropology or paleontology, duly certified as appropriate, and also having a research project and due institutional sponsorship; and (2) foreign researchers, provided that they are engaged by a reliable scientific institution and that they work in collaboration with a Chilean governmental scientific institution or a Chilean university. Museum directors or curators acknowledged by the National Monuments Council (Consejo de Monumentos Nacionales), professional archeologists, anthropologists or paleontologists, as appropriate, and the members of the Chilean Society of Archeology (Sociedad Chilena de Arqueología) shall be authorised to perform salvage-related works. Salvage-related works involve the urgent recovery of data or archeological, anthropological or paleontological artifacts or species threatened by imminent loss.

Classification:

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

The owner of a social communication medium such as newspapers, magazines or regularly published texts whose publishing address is located in Chile, or a national news agency, shall in the case of a natural person have a duly established domicile in Chile and, in the case of a juridical person, shall be constituted with domicile in Chile or have an agency authorised to operate within the national territory. Only Chilean nationals may be president, administrators or legal representatives of the juridical person. The director legally responsible and the person who replaces him or her must be Chilean with domicile and residence in Chile.

Classification:

Local Presence (Article 9.6)

Supreme Decree 587 of the Ministry of Finance, Official Gazette, November 13, 1982, Corporations Act (Decreto Supremo 587 del Ministerio de Hacienda, Diario Oficial, noviembre 13, 1982, Reglamento de Sociedades Anónimas)

Decree Law 1.097, Official Gazette, July 25, 1975, Titles I, II, III and IV (Decreto Ley 1.097, Diario Oficial, julio 25, 1975, Títulos I, II, III y IV)

Decree Law 3.538, Official Gazette, December 23, 1980, Titles I, II, III and IV (Decreto Ley 3.538, Diario Oficial, diciembre 23, 1980, Títulos I, II, III y IV) Circular 2.714, October 6, 1992; Circular 1, January 17, 1989; Chapter 19 Updated Collection, Superintendency of Banks and Financial Institutions Norms on External Auditors (Circular 2.714, octubre 6,1992; Circular 1, enero 17, 1989; Capítulo 19 de la Recopilación Actualizada de Normas de la Superintendencia de Bancos e Instituciones Financieras sobre auditores externos)

Circulars 327, June 29, 1983 and 350, October 21, 1983, Superintendency of Stock Corporations and Insurance Companies (Circulares 327, junio 29, 1983 y 350, octubre 21, 1983, de la Superintendencia de Valores y Seguros)

External auditors of financial institutions must be registered in the Registry of External Auditors kept by the Superintendency of Banks and Financial Institutions (Superintendencia de Bancos e Instituciones Financieras) and the Superintendency of Stock Corporations and Insurance Companies (Superintendencia de Valores y Seguros). Only firms legally incorporated in Chile as partnerships (sociedades de personas) or associations (asociaciones) and whose main line of business is auditing services may be inscribed in the Registry.

Classification:

Most-Favoured-Nation Treatment (Article 9.4)

Local Presence (Article 9.6)

Decree 110 of the Ministry of Justice, Official Gazette, March 20, 1979 (Decreto 110 del Ministerio de Justicia, Diario Oficial, marzo 20, 1979)

Law 18.120, Official Gazette, May 18, 1982 (Ley 18.120, Diario Oficial, mayo 18, 1982)

Agreement on Mutual Recognition of Examinations and Professional Degrees between Chile and Ecuador, Official Gazette, July 16, 1937 (Convenio sobre mutuo reconocimiento de exámenes y de títulos profesionales entre Chile y Ecuador)

Only Chilean and foreign nationals with residence in Chile, who have completed the totality of their legal studies in the country, shall be authorised to practice as lawyers (abogados). This paragraph shall be understood in accordance with Chile's obligations under any other international treaty.

Only lawyers (abogados) duly qualified to practise law shall be authorised to plead a case in Chilean courts and to file the first legal action or claim of each party.

The following documents, among others, shall be drawn up solely by lawyers (abogados): drafting of articles of incorporation and amendments thereto; mutual termination of obligations or liquidation of corporations; liquidation of community property between spouses (sociedad conyugal); distribution of property; articles of incorporation of juridical persons, associations, water canal members (asociaciones de canalistas), and cooperative associations (cooperativas); agreements governing financial transactions; corporate bond issuance agreements; and sponsoring applications for legal representation made by corporations and foundations.

Chile has a bilateral agreement with Ecuador, whereby Ecuadorian citizens holding a lawyers degree granted by a University in Ecuador are admitted to practise as lawyers (abogados) in Chile.

None of these measures apply to foreign legal consultants who practise or advise on international law or Australian law.

Classification:

Local Presence (Article 9.6)

Real State Custodian Registry Act, Titles I, II and III (Reglamento del Registro Conservador de Bienes Raíces, Títulos I, II y III)

Law 18.118, Official Gazette, May 22, 1982, Title I (Ley 18.118, Diario Oficial, mayo 22, 1982, Título I)

Decree 197 of the Ministry of Economic Affairs, Development and Reconstruction, Official Gazette, August 8, 1985 (Decreto 197 del Ministerio de Economía, Fomento y Reconstrucción, Diario Oficial, agosto 8, 1985)

Law 18.175, Official Gazette, October 28, 1982, Title III (Ley 18.175, Diario Oficial, octubre 28, 1982, Título III)

Justice ancillaries (auxiliares de justicia) must have their residence in the same city or place where the court house for which they render services is domiciled.

Public defenders (defensores públicos), public notaries (notarios públicos), and custodians (conservadores) shall be Chilean natural persons and fulfill the same requirements needed to become a judge.

Archivists (archiveros) and arbitrators at law (arbitros de derecho) must be lawyers (abogados) and, therefore, must be Chilean or foreign nationals with residence in Chile who have completed the totality of their legal studies in the country. Australian lawyers may assist in arbitration when dealing with Australian and international law and the private parties request it.

Only Chilean natural persons with the right to vote, and foreign natural persons with permanent residence and the right to vote, can act as process servers (receptores judiciales) and superior court attorneys (procuradores del número).

Only Chilean natural persons, foreign natural persons with permanent residence in Chile or Chilean juridical persons may be auctioneers (martilleros públicos).

Receivers in bankruptcy (síndicos de quiebra) must have a professional or technical degree granted by a university or a professional or technical institute recognised by Chile. Receivers in bankruptcy must have at least three years of experience in the commercial, economic or juridical field.

Classification:

CPC 7469 Other supporting services for air transport

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

Decree Law 2.564, Official Gazette, June 22, 1979, Commercial Aviation Norms (Decreto Ley 2.564, Diario Oficial, junio 22, 1979, Normas sobre Aviación Comercial)

Supreme Decree 624 of the Ministry of National Defence, Official Gazette, January 5, 1995 (Decreto Supremo 624 del Ministerio de Defensa Nacional, Diario Oficial, enero 5, 1995)

Law 16.752, Official Gazette, February 17, 1968, Title II (Ley 16.752, Diario Oficial, febrero 17, 1968, Título II)

Decree 34 of the Ministry of National Defence, Official Gazette, February 10, 1968 (Decreto 34 del Ministerio de Defensa Nacional, Diario Oficial, febrero 10, 1968)

Supreme Decree 102 of the Ministry of Transport and Telecommunications, Official Gazette, June 17, 1981 (Decreto Supremo 102 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, junio 17, 1981)

Supreme Decree 172 of the Ministry of National Defence, Official Gazette, March 5, 1974 (Decreto Supremo 172 del Ministerio de Defensa Nacional, Diario Oficial, marzo 5, 1974)

Supreme Decree 37 of the Ministry of National Defence, Official Gazette, December 10, 1991 (Decreto Supremo 37 del Ministerio de Defensa Nacional, Diario Oficial, diciembre 10, 1991)

Decree 234 of the Ministry of National Defence, Official Gazette, June 19, 1971 (Decreto 234 del Ministerio de Defensa Nacional, Diario Oficial, junio 19, 1971)

Only a Chilean natural or juridical person may register an aircraft in Chile. Such juridical person must be constituted in Chile with principal domicile and real and effective seat in Chile. In addition, a majority of its ownership must be held by Chilean natural or juridical persons, which in turn must comply with the aforementioned requisites.

The president, manager, majority of directors and/or administrators of the juridical person must be Chilean natural persons.

A foreign registered private aircraft engaged in non-commercial activities may not remain in Chile more than 30 days from its date of entry into Chile, unless authorised by the General Directorate for Civil Aeronautics (Dirección General de Aeronáutica Civil). For greater certainty, this measure shall not apply to specialty air services as defined in Article 9.1(l) (Definitions, Cross-Border Trade in Services Chapter), except for glider towing and parachute jumping.

In order to work as crew members on aircraft used by a Chilean aviation company, foreign aviation personnel shall be required first to obtain a Chilean licence with the appropriate permits enabling them to discharge the pertinent duties.

Foreign aviation personnel shall be allowed to work in that capacity in Chile provided that Chilean civil aviation authorities validate the licence or authorisation granted by a foreign country. In the absence of an international agreement regulating such validation, the licence or authorisation shall be granted under conditions of reciprocity. In that case, proof shall be submitted showing that the licences or authorisations were issued or validated by the pertinent authorities in the country where the aircraft is registered, that the documents are in force, and that the requirements for issuing or validating such licences and authorisations meet or exceed the standards required in Chile for analogous cases.

Air transportation services may be provided by Chilean or foreign companies subject to the condition that, along the routes in which they operate, foreigners grant similar rights to Chilean aviation companies when so requested. The Civil Aviation Board (Junta de Aeronáutica Civil), by means of a substantiated resolution (resolución fundada), may terminate, suspend or limit domestic traffic services (cabotage) or any other class of commercial aviation services carried out solely in Chilean territory by foreign companies or aircraft if in their country of origin the right to equal treatment for Chilean companies and aircraft is denied.

Foreign civil aircraft not engaging in commercial transport activities or non-scheduled commercial air transport intending to enter Chilean territory, including its territorial waters, to fly over Chile, and to make stop-overs for non-commercial purposes, shall be required to notify the General Directorate for Civil Aeronautics at least 24 hours in advance. Commercial traffic aircraft not operating on a regular basis shall not be allowed to carry passengers, cargo or mail in Chilean territory without prior authorisation by the Civil Aviation Board (Junta de Aeronáutica Civil).

Classification:

CPC 722 Transport services by non–sea–going vessels

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

Supreme Decree 24, Official Gazette, March 10, 1986, Act of Decree Law 3.059, Titles I and II (Decreto Supremo 24, Diario Oficial, marzo 10, 1986, Reglamento del Decreto Ley 3.059, Títulos I y II)

Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II, III, IV y V)

Supreme Decree 153, Official Gazette, March 11, 1966, Approves the Sea People, Fluvial and Lacustrine Personnel Registration General Act (Decreto Supremo 153, Diario Oficial, marzo 11, 1966, Aprueba el Reglamento General de Matrícula del Personal de Gente de Mar, Fluvial y Lacustre)

Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V)

Law 19.420, Official Gazette, October 23, 1995, Establishes incentives for the economic development of the Provinces of Arica and Parinacota, and modifies the legal bodies indicated therein, Title Various Provisions (Ley 19.420, Diario Oficial, octubre 23, 1995, Establece incentivos para el desarrollo económico de las provincias de Arica y Parinacota y modifica cuerpos legales que indica, Título Disposiciones Varias)

Only a Chilean natural or juridical person may register a vessel in Chile. Such juridical person must be constituted with principal domicile and real and effective seat in Chile. The president, manager and majority of the directors or administrators must be Chilean natural persons. In addition, more than 50 per cent of its capital must be held by Chilean natural or juridical persons. For these purposes, a juridical person with ownership participation in another juridical person that owns a vessel has to comply with all the aforementioned requisites.

A joint ownership (comunidad) may register a vessel if (1) the majority of the joint ownership is Chilean with domicile and residency in Chile; (2) the administrators are Chileans; and (3) the majority of the rights of the joint ownership belong to a Chilean natural or juridical person. For these purposes, a juridical person with ownership participation in a joint ownership (comunidad) that owns a vessel has to comply with all the aforementioned requisites to be considered Chilean.

Special vessels owned by foreign natural or juridical persons domiciled in Chile may under certain conditions be registered in the country. For these purposes, a special vessel does not include a fishing vessel. Foreign natural or juridical persons must meet the following conditions: (1) domicile in Chile; (2) principal head office in Chile; or (3) undertaking a profession or commercial activity in a permanent way in Chile. The maritime authority may, for reasons of national security, impose certain special restrictions on the operation of these vessels.

The maritime authority may provide better treatment based on the principle of reciprocity.

Foreign vessels shall be required to use pilotage, anchoring and harbour pilotage services when the maritime authorities so require. In tugging activities or other maneouvres performed in Chilean ports, only tugboats flying the Chilean flag shall be used.

Captains shall be required to be Chilean nationals and to be acknowledged as such by the pertinent authorities. Officers on Chilean vessels must be Chilean natural persons registered in the Officers' Registry (Registro de oficiales). Crewmembers of a Chilean vessel must be Chilean, have the permit granted by the Maritime Authority (Autoridad Marítima) and be registered in the respective Registry. Professional titles and licences granted by a foreign country shall be considered valid for the discharge of officers' duties on national vessels pursuant to a substantiated resolution (resolución fundada) issued by the Director of the Maritime Authority.

Ship captains (patrón de nave) shall be Chilean nationals. A ship captain is a natural person who, pursuant to the corresponding title awarded by the Director of the Maritime Authority, is empowered to exercise command on smaller vessels and on certain special larger vessels.

Only Chilean nationals, or foreigners with domicile in Chile, shall be authorised to act as fishing boat captains (patrones de Pesca), machinists (mecánicos-motoristas), machine operators (motoristas), sea-faring fishermen (marineros pescadores), small-scale fishermen (pescadores), industrial or maritime trade technical employees or workers, and industrial and general ship service crews on fishing factories or fishing boats when so requested by ship operators (armadores) in order to initiate such work.

In order to fly the national flag, the ship captain (patrón de nave), officers and crew must be Chilean nationals. Nevertheless, the General Directorate for the Maritime Territory and Merchant Fleet (Dirección General del Territorio Marítimo y de Marina Mercante), on the basis of a substantiated resolution (resolución fundada), may authorise the hiring of foreign personnel, on a temporary basis if essential, with the exception of the captain, who, at all times, must be a Chilean national.

Only a Chilean natural or juridical person shall be authorised to work in Chile as a multimodal operator.

Cabotage shall be reserved for Chilean vessels. Cabotage shall include the ocean, river or lake shipping of passengers and cargo between different points of the national territory and between such points and naval artifacts installed in territorial waters or in the exclusive economic zone.

Foreign merchant vessels may be able to participate in cabotage when cargo volumes exceed 900 tons, following a public tender called by the user with due anticipation. When the cargo volumes involved are equal to or less than 900 tons, and no vessels flying the Chilean flag are available, the Maritime Authority shall authorise embarking such cargo on foreign merchant vessels. The reservation of coastal trade to Chilean vessels shall not apply in the event of cargo coming from or destined for ports located in the Province of Arica (Provincia de Arica).

In the event that Chile should adopt, for reasons of reciprocity, a cargo reservation measure applicable to international cargo transportation between Chile and a non-Party, the reserved cargo shall be transported in Chilean-flag vessels or in vessels considered as such.

Classification:

CPC 722 Transport services by non–sea–going vessels

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II and IV (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II y IV)

Decree 90 of the Ministry of Labour and Social Welfare, Official Gazette, January 21, 2000 (Decreto 90 del Ministerio de Trabajo y Previsión Social, Diario Oficial, enero 21, 2000)

Decree 49 of the Ministry of Labour and Social Welfare, July 16, 1999 (Decreto 49 del Ministerio de Trabajo y Previsión Social, Diario Oficial, julio 16, 1999)

Labour Code, Book I, Title II, Chapter III, paragraph 2 (Código del Trabajo, Libro I, Título II, Capítulo III, párrafo 2º)

Shipping agents or representatives of ship operators, owners or captains, whether they are natural or juridical persons, shall be required to be Chilean.

Work of stowage and dockage performed by natural persons is reserved to Chileans who are duly accredited by the corresponding authority to carry out such work and have an office established in Chile.

Whenever these activities are carried out by juridical persons, they must be legally constituted in Chile and have their principal domicile in Chile. The chairman, administrators, managers or directors must be Chilean. At least 50 per cent of the corporate capital must be held by Chilean natural or juridical persons. Such enterprises shall designate one or more empowered agents, who will act in their representation and who shall be Chilean nationals.

Harbour workers shall pass a basic course on harbour security in a Technical Execution Office (Organismo Técnico de Ejecución) authorised by the National Bureau for Training and Employment (Servicio Nacional de Capacitación y Empleo), according to the norms established in the respective regulation.

Anyone unloading, transshipping and, generally, using continental or insular Chilean ports, particularly for landing fish catches or processing fish catches on board, shall also be required to be a Chilean natural or juridical person.

Classification:

Most-Favoured-Nation Treatment (Article 9.4)

Local Presence (Article 9.6)

Decree 163 of the Ministry of Transport and Telecommunications, Official Gazette, January 4, 1985 (Decreto 163 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, enero 4, 1985)

Supreme Decree 257 of the Ministry of Foreign Affairs, Official Gazette, October 17, 1991 (Decreto Supremo 257 del Ministerio de Relaciones Exteriores, Diario Oficial, octubre 17, 1991)

Land transportation service providers shall register in the National Registry by submitting an application to the Regional Secretary of Transport and Telecommunications (Secretaría Regional Ministerial del Ministerio de Transportes y Telecomunicaciones). In the case of urban services, applicants shall submit the application to the Regional Secretary responsible for the area in which the service is to be provided and, in the case of rural and interurban services, in the region where the applicant is domiciled. The application shall provide the detailed information required by law, attaching thereto, among other documents, a properly certified photocopy of the National Identity Card and, in the case of juridical persons, the public instruments accrediting its constitution and name and the domicile of its legal representative and documents evidencing such capacity.

Foreign natural and juridical persons qualified to provide international transportation services in Chilean territory cannot provide local transportation services or participate in any manner whatsoever in the said activities in the national territory.

Only companies with actual and effective domicile in Chile and organised under the laws of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay shall be authorised to provide international land transportation services between Chile and Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay. Furthermore, to obtain an international land transport permit, in the case of foreign juridical persons, more than 50 per cent of its corporate capital and effective control shall be held by nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.

Classification:

Most-Favoured-Nation Treatment (Article 9.4)

Supreme Decree 485 of the Ministry of Foreign Affairs, Official Gazette, September 7, 1960, Geneva Convention (Decreto Supremo 485 del Ministerio de Relaciones Exteriores, Diario Oficial, septiembre 7, 1960, Convención de Ginebra)

Motor vehicles bearing foreign licence plates that enter Chile on a temporary basis, pursuant to provisions set forth in the 1949 Geneva Convention on Road Traffic, shall circulate freely throughout the national territory for the period established therein, provided that they comply with the requirements established by Chilean law.

Holders of valid international driving licences or certificates issued in a foreign country in accordance with the Geneva Convention may drive anywhere within the national territory. The driver of a vehicle bearing foreign licence plates who holds an international driver's licence shall present, upon request by the authorities, the documents certifying both the roadworthiness of the vehicle and the use and validity of his or her personal documents.

Performance Requirements (Article 10.7)

Local Presence (Article 9.6)

Senior Management and Boards of Directors (Article 10.8)

Australia reserves the right to adopt or maintain any measure according preferences to any indigenous person or organisation or providing for the favourable treatment of any indigenous person or organisation in relation to acquisition, establishment or operation of any commercial or industrial undertaking in the service sector.

Australia reserves the right to adopt or maintain any measure with respect to investment that accords preferences to any indigenous person or organisation or providing for the favourable treatment of any indigenous person or organisation.

For the purpose of this non-conforming measure, an indigenous person means a person of the Aboriginal race of Australia or a descendent of an indigenous inhabitant of the Torres Strait Islands.

Performance Requirements (Article 10.7)

Australia reserves the right to adopt or maintain any measure with respect to proposals by "foreign persons" to invest in Australian urban land^23-[70](including interests that arise via leases, financing and profit sharing arrangements, and the acquisition of interests in urban land corporations and trusts), other than developed non-residential commercial real estate.

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

Australia reserves the right to adopt or maintain any measure with respect to:

(a) the devolution to the private sector of services provided in the exercise of governmental authority at the time that the Agreement enters into force; and

(b) the privatisation of government owned entities or assets.

Australia reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, child care, public utilities and public transport.

Australia reserves the right to adopt or maintain any measure with respect to marketing boards.

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Performance Requirements (Article 10.7)

Local Presence (Article 9.6)

Senior Management and Boards of Directors (Article 10.8)

• the creative arts, ^23-[71] cultural heritage^23-[72] and other cultural industries, including audiovisual services, entertainment services and libraries, archives, museums and other cultural services;
• broadcasting and audiovisual services, including measures with respect to planning, licensing and spectrum management, and including:
  • services offered in Australia; and
  • international services originating from Australia.

Radiocommunications Act 1992 (Cth)

There are minimum Australian content requirements for commercial television.

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Local Presence (Article 9.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

Australia reserves the right to adopt or maintain any measure with respect to primary education.

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Local Presence (Article 9.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

Australia reserves the right to adopt or maintain any measure with respect to the supply of public secondary and higher educational services.

Performance Requirements (Article 10.7)

Local Presence (Article 9.6)

Senior Management and Boards of Directors (Article 10.8)

Australia reserves the right to adopt or maintain any measure with respect to gambling and betting.

Sector:

Performance Requirements (Article 10.7)

Local Presence (Article 9.6)

Senior Management and Boards of Directors (Article 10.8)

Australia reserves the right to adopt or maintain any measure with respect to maritime cabotage services and offshore transport services. ^23-[73]

Australia reserves the right to adopt or maintain any measure with respect to the registration of vessels in Australia.

Senior Management and Boards of Directors (Article 10.8)

Australia reserves the right to adopt or maintain any measure with respect to investment in federal leased airports.

Airports (Ownership-Interests in Shares) Regulations 1996 (Cth)

Airports Regulations 1997 (Cth)

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to the service suppliers or investors of non-Parties under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. ^23-[74]

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to the service suppliers or investors of non-Parties under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation;

(b) fisheries; or

(c) maritime matters, including salvage.

Concerned:

Legal services:

(1) and (2) None.

(3) None for legal advisory and representational services in domestic law (host-country law). For legal advisory services in foreign law and international law and (in relation to foreign and international law only) legal arbitration and conciliation/mediation services, natural persons practising foreign law may only join a local law firm as a consultant and may not enter into partnership with or employ local lawyers in South Australia.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Accounting, auditing and bookkeeping services:

(1) and (2) None.

(3) Only natural persons may be registered as auditors and liquidators.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Taxation services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Architectural services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Engineering services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Integrated engineering services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Urban planning and landscape architectural services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Dental services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Veterinary services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Computer and related services (excluding measures relating to content covered by CPC 844 and 849):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Research and Development services on social sciences and humanities:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Real Estate Services: involving owned or leased property; on a fee or contract basis:

(1) and (2) Commercial presence required.

(3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Rental/leasing services without operators: relating to ships (excludes cabotage, intrastate and offshore trades); relating to aircraft; relating to other transport equipment; relating to other machinery and equipment:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Advertising services (covers services by advertising agencies in creating and placing advertising in periodicals, newspapers, radio and television for clients; outdoor advertising; media representation i.e. sale of time and space for various media; distribution and delivery of advertising material or samples. Does not include production or broadcast/screening of advertisements for radio, television or cinema):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Market research and public opinion polling services; management consulting services; services related to management consulting (excludes arbitration and conciliation services); technical testing and analysis services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Services incidental to agriculture, hunting and forestry. (Covers provision of advice and guidance relating to crop and livestock management on consultancy basis. Includes specialised consultancy services only, related to forestry activities, timber evaluation, forest management or planning. Does not include logging.):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Services incidental to fishing. (Consists of specialised consultancy services only, related to marine or freshwater fisheries, fish hatchery services. Does not include fishing.):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Services incidental to mining and site preparation work for mining:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Services incidental to manufacturing:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Services incidental to energy distribution. (Covers consultancy services related to the transmission and distribution on a fee or contract basis of electricity, gaseous fuels and steam and hot water to household, industrial, commercial and other users.):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Placement and supply services of personnel:

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Investigation and security services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Related scientific and technical consulting services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Building-cleaning services:

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Photographic services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Convention services. (Activities of establishments engaged in provision of planning, organising, managing and marketing services for conventions and similar events (including catering and beverage services)):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Telephone answering services, duplicating services, translation and interpretation services, mailing list compilation and mailing services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Interior design services. (Specialised consultancy services related to the post-construction design and fitting out of interior living and working spaces. Includes purchase of necessary goods.):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Voice telephone services; packet-switched data transmission services; circuit-switched data transmission services; telex services; telegraph services; facsimile services; private leased circuit services; digital cellular services; paging services; personal communications services; trunked radio system services; mobile data services (excluding services covered by the Broadcasting Services Act 1992 (Cth)):

(1) and (2) None.

(3) An entity holding a new carrier licence must be a public body or a constitutional corporation under Australian law or a partnership where each partner is a constitutional corporation under Australian law.

Aggregate foreign equity in Telstra Corporation Limited (Telstra) is restricted to no more than 35 per cent of shares of Telstra. Individual or associated group foreign investment in Telstra is restricted to no more than five per cent of shares.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Electronic mail; voice mail; on-line information and data base retrieval; electronic data interchange; enhanced/value-added facsimile services, including store and retrieve; code and protocol conversion:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

General construction work for buildings; general construction work for civil engineering; installation and assembly work; building completion and finishing work; other:

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Commission agents' services; wholesale trade services; franchising:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Retailing services. (Extends to inventory management of goods, assembling, sorting and grading of goods, breaking bulk, re-distribution and delivery services for retailing. Does not cover dispensing of pharmaceuticals):

(1) No commitments except for mail order.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Secondary education services (covers general as well as technical and vocational education at the secondary level in private institutions); higher education services (covers provision of private tertiary education services including at university level); other education services (covers English-language tuition):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Wastewater management (this covers removal, treatment and disposal of household, commercial and industrial sewage and other waste waters including tank emptying and cleaning, monitoring, removal and treatment of solid wastes):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Waste management (this covers hazardous and non-hazardous waste collection, treatment and disposal (including incineration, composting and landfill); sweeping and snow removal, and other sanitation services):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Protection of ambient air and climate (this covers services at power stations or industrial complexes to remove air pollutions; monitoring of mobile emissions and implementation of control systems or reduction programs):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Remediation and cleanup of soil and water (this covers cleaning-up systems in situ or mobile, emergency response, clean-up and longer-term abatement of spills and natural disasters; and rehabilitation programs, eg recovery of mining sites, including monitoring):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Noise and vibration abatement (this covers monitoring programs, and installation of noise reduction systems and screens):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Protection of biodiversity and landscape (this covers ecology and habitat protection and promotion of forests and promoting sustainable forestry):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Other environmental and ancillary services (this covers other environment protection services, including services related to environmental impact assessment):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Other human health services. (Covers podiatry and chiropody services. Includes podiatry services carried out in health clinics, and in residential health facilities other than hospitals, as well as in own consulting rooms, patients' homes or elsewhere.):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Hotels and restaurants:

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Travel agencies and tour operator services:

(1) Commercial presence required.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Tourist guide services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

News agency services; sporting services and other recreational services (covers recreation park and beach services):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Maritime transport:

International transport (freight and passengers) not including cabotage and offshore transport:

(1) None for liner shipping or for bulk, tramp and other international shipping, including international passenger transportation.

(2) None.

(3) Establishment of registered company for the purpose of operating a fleet under the national flag of Australia: nationality requirements for ownership and registration of vessels as defined by the Shipping Registration Act 1981 (Cth).

None for other forms of commercial presence for the supply of international maritime transport services.

(4) No commitments for ships crews or key shore personnel, except as indicated in the Temporary Entry for Business Persons Chapter.

International rental of vessels with crew (less cabotage and offshore transport):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Maritime auxiliary services (International rental of vessels with crew, less cabotage and offshore transport):

(1), (2) and (3) None

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Maritime cargo handling services:

(1) No commitments.

(2) None.

(3) Licences/concessions are granted by port authorities.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter. In addition there is a requirement for shore labour to undertake loading and unloading of ships under the Navigation Act 1912 (Cth).

Storage and warehousing services:

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Maritime freight forwarding services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Customs clearance services:

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Preshipment inspection; maritime agency services:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Air transport:

Ground handling services: airport operation services (excluding cargo handling); cargo handling (air transport sector only); other supporting services for air transport (excludes airport and terminal firefighting services):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Maintenance and repair of aircraft. (Covers establishments mainly engaged in periodic maintenance and repair (routine and emergency) of airframes (including wings, doors, control surfaces) avionics, engines and engine components, hydraulics, pressurisation and electrical systems and landing gear. Includes painting, other fuselage surface treatments and repair of flight-deck (and other) transparencies. Further includes rotary and glider aircraft):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Computer reservation systems (CRS). (Activities of establishments engaged in providing and maintaining computer reservation to other enterprises engaged in the provision of travel agency services, including transport and accommodation booking, tour and travel wholesaling/retailing – to establishments engaged in providing reservation services (such as travel agencies etc). CRS services related to air carriers include the provision of information on air carrier schedules, space availability and tariffs.):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Selling and marketing of air transport services (defined as in paragraph 6(b) of the GATS Annex on Air Transport Services, except that the aspects of "marketing" covered by this commitment are limited to market research, advertising and distribution):

(1) None, except commercial presence required for services covered by travel agencies and tour operator services.

No commitments for retailing services except for mail order.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Rail transport services: freight transportation; pushing and towing services; and supporting services for rail transport services:

(1) and (2) None.

(3) Below track: most rail-track networks in Australia are government owned although much is leased to private operators. There are no restrictions on the right to establish new networks but access to public land may not be guaranteed.

Above track (rail transport services (such as trains) that operate over the rail-track infrastructure): none except that access to rail infrastructure is allocated under pro-competitive principles for safety, efficiency and the long term interests of users.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Road transport services:

Passenger transportation, excluding regular urban bus services:

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Freight transportation; rental of commercial vehicles with operator:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Pipeline transport: transportation of fuels; transportation of other goods:

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Services auxiliary to all modes of transport: storage and warehouse services, excluding maritime (extending to cover distribution centre services and materials handling and equipment services such as container station and depot services (excluding maritime)):

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Freight transport agency services, excluding maritime (extending to cover customs agency services and load scheduling services (excluding maritime)):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Other supporting and auxiliary transport services, excluding maritime (extending to cover container leasing and rental services (excluding maritime)):

(1), (2) and (3) None.

(4) No commitments, except as indicated in the Temporary Entry for Business Persons Chapter.

Classification:

Most-Favoured-Nation Treatment (Article 10.4)

Chile reserves the right to adopt or maintain any measure relating to the ownership or control of land within five kilometers of the coastline that is used for agricultural activities. Such measure could include a requirement that the majority of each class of stock of a Chilean juridical person that seeks to own or control such land be held by Chilean persons or by persons residing in Chile for 183 days or more per year.

Classification:

Concerned:

Senior Management and Boards of Directors (Article 10.8)

In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of said interest or asset and on the right of foreign investors or their investments to control any State company created thereby or investments made by the same. In connection with any such transfer or disposal, Chile may adopt or maintain any measure related to the nationality of senior management and members of the board of directors.

A "State company" shall mean any company owned or controlled by Chile by means of an interest share in the ownership thereof, and it shall include any company created after the entry into force of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state enterprise or governmental entity.

(Articles 9.4 and 10.4)

Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force on, or signed prior to, the date of entry into force of this Agreement.

Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.

Classification:

Concerned:

Most-Favoured-Nation Treatment (Article 9.4)

Local Presence (Article 9.6)

Chile reserves the right to adopt or maintain any measure related to cross-border trade in one way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services and direct audio broadcasting; supplementary telecommunication services.

Measures:

Classification:

Concerned:

Most-Favoured-Nation Treatment (Article 10.4)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

Chile reserves the right to adopt or maintain any measure related to the investors of Australia or to their investments in one way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services and direct audio broadcasting; supplementary telecommunication services.

Measures:

Classification:

Concerned:

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.

Measures:

Classification:

Concerned:

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

Chile reserves the right to adopt or maintain any measure denying investors of Australia and their investments or service suppliers of Australia any rights or preferences provided to indigenous peoples.

Measures:

Classification:

Concerned:

Most-Favoured-Nation Treatment (Article 9.4)

Local Presence (Article 9.6)

Chile reserves the right to adopt or maintain any measure relating to natural persons who supply educational services, including teachers and auxiliary personnel supplying educational services in elementary education, kindergarten, pre-school, special education, primary and high school education, professional, technical, and university education, including in educational establishments of any kind as well as sponsors of educational establishments, schools, lyceums, academies, training centres, professional and technical institutes and/or universities.

This non-conforming measure does not apply to the supply of services related to second-language training, corporate, business, and industrial training and skill upgrading, which include consulting services relating to technical support, advice, curriculum and program development in education.

Measures:

Classification:

Concerned:

Chile reserves the right to adopt or maintain any measure related to the acquisition, sale or disposal by Australian nationals of bonds, treasury securities or any other type of debt instruments issued by the Central Bank of Chile (Banco Central de Chile) or the Government of Chile. This non-conforming measure is not intended to affect the rights of Australian financial institutions (banks) established in Chile to acquire, sell or dispose of such instruments when required for the purposes of regulatory capital.

Measures:

Classification:

CPC 04 Fish and other fishing products

Concerned:

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Chile reserves the right to control the activities of foreign fishing, including fish landing, first landing of fish processed at sea and access to Chilean ports (port privileges).

Chile reserves the right to control the use of beaches, land adjacent to beaches (terrenos de playas), water-columns (porciones de agua) and sea-bed lots (fondos marinos) for the issuance of maritime concessions. For greater certainty, "maritime concessions" do not cover aquaculture.

Measures:

D.F.L. 340, Official Gazette, April 6, 1960, about Maritime Concessions (D.F.L. 340, Diario Oficial, abril 6, 1960, sobre Concesiones Marítimas)

Supreme Decree 660, Official Gazette, November 28, 1988, Maritime Concession Act (Decreto Supremo 660, Diario Oficial, noviembre 28, 1988, Reglamento de Concesiones Marítimas)

Supreme Decree 123 of the Ministry of Economic Affairs, Development and Reconstruction, Vice-Ministry of Fishing, Official Gazette, August 23, 2004, On Use of Ports (Decreto Supremo 123 del Ministerio de Economía, Fomento y Reconstrucción, Subsecretaría de Pesca, Diario Oficial, agosto 23, 2004, Sobre Uso de Puertos)

Classification:

Concerned:

Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any existing or future bilateral or multilateral international agreement with respect to cultural industries, such as audiovisual cooperation agreements. For greater certainty, for the purposes of this non-conforming measure, government supported subsidy programs for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement.

"Cultural industries" means persons engaged in any of the following activities:

(a) publication, distribution, or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;

(b) production, distribution, sale, or display of recordings of movies or videos;

(c) production, distribution, sale, or display of music recordings in audio or video format;

(d) production, distribution, or sale of printed music scores or scores readable by machines; or

(e) radiobroadcasts aimed at the public in general, as well as all radio, television and cable television-related activities, satellite programming services and broadcasting networks.

Measures:

Classification:

CPC 92 Education services

CPC 93 Health and social services

Concerned:

Most-Favoured-Nation Treatment (Articles 9.4 and 10.4)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.8)

Local Presence (Article 9.6)

Chile reserves the right to adopt or maintain any measure with respect to the supply of public law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for reasons of public interest: income security or insurance, social security or insurance, social welfare, public education, public training, health care and child care.

Measures:

Classification:

Concerned:

Most-Favoured-Nation Treatment (Article 9.4)

Local Presence (Article 9.6)

Chile reserves the right to adopt or maintain any measure imposing the requirement that the production and distribution of drinking water, the collection and disposal of waste water and sanitation services, such as sewage systems, waste disposal and waste water treatment may only be provided by juridical persons incorporated under Chilean law or created in accordance with the requirements established by Chilean law.

This non-conforming measure shall not apply to consultancy services retained by the said juridical persons.

Measures:

Classification:

CPC 52 Constructions

Concerned:

Local Presence (Article 9.6)

Chile reserves the right to adopt or maintain any measure with respect to the supply of construction services by foreign juridical persons or legal entities imposing requirements of residence, registration and/or any other form of local presence, or imposing the obligation of giving financial security for work as a condition for the supply of construction services.

Measures:

Concerned:

Legal services:

(1) and (3) None, except in the case of receivers in bankruptcy (síndicos de quiebra) who must be duly authorised by the Minister of Justice, and they can only work in the place where they reside.

(2) None

(4) No commitments, except as indicated in Labour Code restriction.

Accounting, auditing and bookkeeping services:

(1) and (3) None, except the external auditors of financial institutions must be inscribed in the Register of External Auditors of the Superintendencia de Bancos e Instituciones Financieras and in the Superintendencia de Valores y Seguros. Only firms legally incorporated in Chile as partnerships (sociedades de personas) or associations (asociaciones), and whose main line of business is auditing services, may be inscribed in the Register.

(2) None

(4) No commitments, except as indicated in Labour Code restriction.

Taxation services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Architectural services:

(1), (2) and (3) None

(4) No commitments, except as indicated in Labour Code restriction.

Engineering services:

(1), (2) and (3) None

(4) No commitments, except as indicated in Labour Code restriction.

Integrated engineering services:

(1) No commitments.

(2) None

(3) No commitments.

(4) No commitments, except as indicated in Labour Code restriction.

Veterinary services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Services provided by midwives, nurses, physiotherapists and

paramedical personnel:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Computer and related services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Research and Development services on natural sciences:

(1), (3) None except: The Directorate of Borders and Frontiers may stipulate that an expedition include one or more representatives of relevant Chilean activities. These representatives would participate in and learn about the studies and their scope.

(2) None

(4) No commitments, except as indicated in Labour Code restriction.

Research and Development services on social sciences and humanities, Interdisciplinary Research and Development services:

(1), (2) and (3) None

(4) No commitments, except as indicated in Labour Code restriction.

Real Estate services: involving owned or leased property or on a fee or contract basis:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Rental/leasing services without crew/operators, related to vessels, aircraft, any other transport equipment, and other machinery and equipment:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Advertising services, market research and public opinion polling services, management consulting services, services related to management consulting, technical testing and analysis services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Services related to agriculture, hunting and forestry:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Services related to mining, placement and supply services of personnel, investigation and security services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Maintenance and repair of equipment (not including vessels, aircraft, or other transport equipment), building-cleaning services, photographic services, packing services, and convention services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Printing and publishing services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Post-secondary technical and vocational education services and adult education services n.e.c.:

(1), (2) None.

(3) No commitments.

(4) No commitments, except as indicated in Labour Code Restriction.

National or international long-distance telecommunications services:

(1), (2), (3), and (4) Chile reserves the right to adopt or maintain any measure that is not inconsistent with

Chile's obligations under Article XVI of GATS.

Local basic telecommunication services and networks, intermediate telecommunications services, supplementary telecommunications services and limited telecommunications services:

(1), (2), and (3) A concession granted by means of a Decreto Supremo issued by the Ministerio de Transportes y Telecomunicaciones shall be required for the installation, operation and exploitation of public and intermediary telecommunications services in Chilean territory. Only juridical persons organised under the Chilean law shall be eligible for such concessions.

An official decision issued by the Subsecretaría de Telecomunicaciones shall be required to render Supplementary Telecommunications Services, consisting of additional services provided by hooking up equipment to public networks. Said decision refers to compliance with the technical standards established by the Subsecretaría de Telecomunicaciones and non-alteration of the essential technical features of networks or of the permissible technological or basic service modalities provided through them.

A permit issued by the Subsecretaría de Telecomunicaciones shall be required for the installation, operation and development of limited telecommunications services. International traffic shall be routed through the installations of a company holding a concession granted by the Ministerio de Transporte y Telecomunicaciones.

(4) No commitments, except as indicated in Labour Code restriction.

Commission agents services, wholesale trade services, retailing services, franchising and other distribution:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Hotels and restaurants (including catering), travel agencies and tour operators services and tourist guide services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Entertainment services (including theatre, live bands and circuit services), news agencies services, libraries, archives, museums, and other cultural services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Sporting and other recreational services, excluding gambling and betting services:

(1) (2), and (3) None, except that a specific type of legal entity may be required for sporting organisations that develop professional activities. In addition, (a) it is not permitted to participate with more than one team in the same category of a sport competition; (b) specific regulations may be established on equity ownership in sporting companies; and (c) minimal capital requirements may be imposed.

(4) No commitments, except as indicated in Labour Code restriction.

Road Transport: freight transportation, rental of commercial vehicles with operator; maintenance and repair of road transport equipment; supporting services for road transport services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Services auxiliary to all transport: cargo handling services; storage and warehouse services; freight transport agency services:

(1), (2), and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Pipeline transport: transportation of fuels and other goods:

(1), (2), and (3) None, except that the service has to be supplied by juridical persons established under Chilean law and the supply of the service may be subject to a concession on a national treatment basis.

(4) No commitments, except as indicated in Labour Code restriction.

Aircraft repair and maintenance services:

(1) No commitments.

(2) and (3) None.

(4) No commitments, except as indicated in Labour Code restriction.

Payment Systems (Regulation) Act 1998 (Cth)

Sector:

Most-Favoured-Nation Treatment (Article 12.4)

Cross-Border Trade (Article 12.6)

Senior Management and Boards of Directors (Article 12.9)

AIDC Sale Act 1997 (Cth)

Australian Industry Development Corporation Act 1970 (Cth)

Concerned:

Compulsory Third Party Motor Vehicle Accident: VIC, WA, TAS, NT (monopolies); NSW, QLD, SA, ACT (licensing, premiums/policy terms).

Workers Compensation: SA, VIC, QLD (monopolies); NSW, WA, TAS (licensing, premiums/policy terms).

Comcare is the monopoly provider of workers' compensation insurance to Commonwealth Government employees.

SA ‑ South Australian Government Financing Authority,
Local Government Finance Authority of South Australia

TAS ‑ Tascorp

NSW ‑ NSW Treasury Corporation

VIC ‑ Treasury Corporation of Victoria

QLD ‑ Queensland Treasury Corporation,

Queensland Investment Corporation

NT ‑ Northern Territory Treasury Corporation

WA ‑ Western Australian Treasury Corporation

The responsible entity of a registered managed investment scheme must be a public company that holds an Australian financial services licence authorising it to operate a managed investment scheme.

12.9)

Decreto Supremo N° 863 de 1989 del Ministerio de Hacienda, Official Gazette of April 5, 1990, Reglamento de los Auxiliares del Comercio de Seguros, Title I, Article 2, letter c).

12.9)

Decreto Supremo N° 863 de 1989 del Ministerio de Hacienda, Official Gazette of April 5, 1990, Reglamento de los Auxiliares del Comercio de Seguros, Title I, Article 2, letter c).

Senior Management and Boards of Directors (Article12.9)

A "State company"shall mean any company owned or controlled by Chile by means of an interest share in the ownership thereof, and it shall include any company created after the entry into force of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state enterprise governmental entity.

Decreto Ley N° 1.263, Official Gazette of November 28, 1975, Decreto Ley Orgánico de Administración Financiera del Estado, Article 6.

2. The term "CPC" means the Provisional Central Product Classification (Statistical paper Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, (1991)).

Acceptance of deposits

(includes only current bank accounts (cuentas corrientes bancarias), sight deposits, time deposits, savings accounts, financial instruments with repurchase agreements, and warranty deposits or surety bonds);

Credit granting

(includes only ordinary loans, consumer credit, loans in letters of credit, mortgage loans, mortgage loans in letters of credit, purchase of financial instruments with resale agreements, credit for issue of bank surety bonds or other types of financing, issue and negotiation of letters of credit for imports and exports, issue and confirmation of stand-by letters of credit);

Purchase of publicly-offered securities (includes only purchase of bonds, purchase of letters of credit, subscription and placement as agents of shares, bonds and letters of credit (underwriting));

Issue and operation of credit cards (CPC 81133) (includes only credit cards issued in Chile);

Issue and operation of debit cards;

Travellers' cheques;

Transfer of funds (bank drafts);

Discounting or acquisition of bills of exchange and promissory notes;

Endorsement and guarantee of third party liabilities in Chilean currency and foreign currency;

Securities custody;

Exchange market operations carried out according to the regulations issued or to be issued by the Central Bank of Chile;

Operations with derivatives authorised or to be authorised by the Central Bank of Chile

(includes only forwards and swaps of currency and interest rate); and

Acceptance and execution of fiduciary operations.

Foreign banking institutions may only operate:

(i) through shareholdings in Chilean banks established as corporations in Chile;

(ii) by becoming established as a corporation in Chile;

(iii) as branches of foreign corporations, in which case the legal personality in the country of origin is recognised. For the purposes of foreign bank branch operations in Chile, the capital effectively invested in Chile is considered, and not that of the main office. The increases of capital or reserves that do not come from capitalisation of other reserves, will have the same treatment as the initial capital and reserves. In the transactions between a branch and its main office abroad, both will be considered as independent entities. No foreign bank will be able to invoke rights derived from its nationality regarding transactions that its branch may carry out in Chile.

No national or foreign, natural or legal, person may acquire directly or through third parties shares in a bank which, alone or added to the shares such a person already possesses, represent more than 10 per cent of the bank's capital without having first obtained the authorisation of the SBIF. In addition, the partners or shareholders of a financial institution may not transfer a percentage of rights or shares in their company in excess of 10 per cent without having obtained authorisation from the SBIF.

(includes only leasing contracts for goods acquired at the client's request, i.e. they cannot acquire goods in order to stock them and offer them for leasing).

(includes only services indicated in the banking sector in this schedule).

(in no circumstances does this include management of pension funds and voluntary pension savings plans (Planes de Ahorro Previsional Voluntario))

i) Mutual funds management companies;

ii) Investment funds management companies;

iii) Foreign capital investment funds management companies; and

iv) General funds management companies.

2. Credit insurance companies, even though classified in the first group, must be established as legal entities with the sole purpose of covering this type of risk, i.e. loss of or damage to the goods or property (patrimonio) of the insured as a result of the non-payment of a money debt or loan, being also permitted to cover guarantee and fidelity risks.

Sale of direct life insurance

(does not include insurance related to the social security system) (CPC 81211), and

Sale of direct general insurance (CPC 8129, except for CPC 81299)

(excluding the Instituciones de Salud Previsional, ISAPRES (social security health institutions) i.e. legal persons set up for the purpose of providing health benefits to persons who opt to become members and financed through the statutory contribution of a percentage of taxable income fixed by law or a higher amount, as the case may be. It also excludes the Fondo Nacional de Salud, FONASA (National Health Fund), a public agency financed by the government and the statutory contribution of a percentage of taxable income fixed by law, which is jointly responsible for paying benefits under the optional health scheme which persons not members of an ISAPRE may join. Does not include sale of insurance for international maritime transport, international commercial aviation and goods in international transit).

Insurance corporations can be legally constituted only in accordance with the provisions of the law on corporations.

For the purposes of foreign insurance branch operations in Chile, the capital and reserves (patrimonio) effectively invested in Chile is considered, and not that of the main office. Such capital and reserves (patrimonio) must be effectively transferred and converted into domestic currency in conformity with any of the systems authorised by Law or by the Banco Central de Chile. The increases in capital that do not come from the capitalisation of reserves will have the same treatment as the initial capital. In transactions between a branch and its main office or other related companies abroad they will be considered as independent entities. No foreign insurance company will be able to invoke rights derived from its nationality regarding transactions that its branch may carry out in Chile.

Insurance may be issued directly or through insurance brokers who, to engage in that activity, must be enrolled in the Register maintained by the SVS, and must satisfy the requirements of the law.

(includes goods transported, the vehicle transporting the goods and any civil responsibility deriving therefrom. Does not include national transport (cabotage)).

(excludes insurance for international maritime transport, international commercial aviation and goods in international transit).

(includes goods transported, the vehicle transporting the goods and any civil responsibility deriving therefrom. Does not include national transport (cabotage)).

(includes reinsurance brokers).

Reinsurance services may also be provided by foreign reinsurers and foreign reinsurance brokers enrolled in the Register maintained by the SVS.

(includes only consultancy, actuarial services and risk assessment).

2. The purpose of financial portfolio management is to diversify investments, on behalf of third parties, over a range of instruments and may be provided by securities traders (stockbrokers and securities agents) as a complementary activity for their clients.

3. Publicly offered securities risk rating services are provided by rating agencies established for the sole purpose of rating publicly offered securities, and they must be enrolled in the Registro de Entidades Clasificadoras de Riesgo (Register of Risk Rating Agencies) maintained by the SVS. They are inspected and controlled by the SVS. On the other hand, the inspection of rating agencies with respect to the rating of securities issued by banks and financial companies is the responsibility of the Superintendencia de Bancos e Instituciones Financieras, SBIF (Superintendency of Banks and Financial Institutions).

4. Securities custody consists of the physical safe-keeping of securities' certificates and may be undertaken by securities intermediaries (stockbrokers and securities agents) as an activity complementary to their sole purpose. It may also be undertaken by entities that provide depository and custodial services for securities which should be established as special purpose corporations (sociedades anónimas especiales) with the sole purpose of receiving in deposit publicly offered securities from entities authorised by law and to facilitate operations for the transfer of such securities (centralised securities depositories, depósitos centralizados de valores).

5. Financial advisory services, which involve giving financial advice on financing alternatives, investment appraisal, investment possibilities and debt rescheduling strategies may be undertaken by securities intermediaries (stockbrokers and securities agents) as an activity complementary to their sole purpose.

6. Securities services that may be provided by banking institutions either directly or through subsidiaries are listed in the banking services sector of this Schedule and are excluded from the securities services section of this Schedule.

7. The service of managing third parties' funds may be undertaken by the following:

(a) Mutual funds management companies are those corporations whose sole purpose is the management of mutual funds;

(b) Investment funds management companies are those corporations whose sole purpose is the management of investment funds. Without prejudice to the above, those corporations may also manage foreign capital investment funds;

(c) Foreign capital investment funds management companies are those corporations whose sole purpose is the management of foreign capital investment funds. The capital brought into those funds may be remitted abroad only after five years from the date on which the capital contribution was made; and

(d) General funds management companies are those corporations created for the purpose of managing mutual funds, investment funds, foreign capital investment funds, housing funds or any other fund supervised by the SVS.

8. The service of clearing houses for stock exchange derivative products may be undertaken by corporations established in Chile with that sole purpose. They have the purpose of being the counterpart for all purchases and sales of contracts for futures, securities options and others of similar nature authorised by the SVS.

9. Securitisation services may only be provided by legal persons whose sole purpose is to provide such services. These entities must be registered with the SVS.

10.- Stock exchanges are entities established for the sole purpose of furnishing its members with the installations needed to efficiently engage in securities trading by continuous public auction methods, in the premises they provide, and to perform the other securities intermediation activities allowed by the law.

11.- Cattle and agricultural commodities exchanges are special purpose corporations (sociedades anónimas especiales) that have as sole purpose to provide its members with the premises and infrastructure needed to efficiently engage in products trading by continuous public auction methods, in the premises provided, ensuring the existence of an equitable, competitive and transparent market.

Subscription and placement as agents (underwriting).

corporations (CPC 81321) (includes subscription and placement as agents, underwriting).

(includes only dollar and interest rate futures, and options on shares. Shares must fulfill the requirements established by the respective clearing house, cámara de compensación).

(relates solely to rating or giving an opinion on publicly offered securities).

intermediaries (CPC 81319)

(does not include the services offered by suppliers who combine custody, securities clearance and settlement (securities depositories, depósitos de valores)).

(this does not under any circumstances include the following: management of mutual funds, foreign capital investment funds, investment funds and pension funds).

(in no circumstances does this include management of pension funds and voluntary pension savings plans (Planes de Ahorro Previsional Voluntario))

i) Mutual funds management companies;

ii) Investment funds management companies;

iii) Foreign capital investment funds management companies; and

iv) General funds management companies.

(corresponds to merchandise warehousing services accompanied by the issue of a deposit certificate and a chattel mortgage receipt (vale de prenda)).