Canada-Chile Free Trade Agreement

Annex II

Schedule of Canada

Reservations for Future Measures (Chapters G and H)

  • 1. The Schedule of a Party sets out, pursuant to Articles G-08(3) (Investment) and H-06(3) (Cross-Border Trade in Services), the reservations taken by that Party with respect to specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
    • a. Article G-02 or H-02 (National Treatment);
    • b. Article G-03 or H-03 (Most-Favoured-Nation Treatment);
    • c. Article H-05 (Local Presence);
    • d. Article G-06 (Performance Requirements); or
    • e. Article G-07 (Senior Management and Boards of Directors).
  • 2. Each reservation sets out the following elements:
    • a. Sector refers to the general sector in which the reservation is taken;
    • b. Sub-Sector refers to the specific sector in which the reservation is taken;
    • c. Industry Classification refers, where applicable, to the activity covered by the reservation according to domestic industry classification codes;
    • d. Type of Reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;
    • e. Description sets out the scope of the sector, sub-sector or activities covered by the reservation; and
    • f. Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
  • 3. In the interpretation of a reservation, all elements of the reservation shall be considered. The Description element shall prevail over all other elements.
  • 4. Unless otherwise stated in the Description element, a Chilean juridical person includes an enterprise of the other Party that is constituted or organized in Chile in a form which under Chilean law is recognized as being a juridical person.
  • 5. For purposes of this Annex:
    • CPC means Central Product Classification (CPC) numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and
    • SIC means with respect to Canada, Standard Industrial Classification (SIC) numbers as set out in Statistics Canada, Standard Industrial Classification, fourth edition, 1980.