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Canada-Chile Free Trade Agreement

Chapter H

Cross-Border Trade in Services

Article H-01: Scope and Coverage

Article H-02: National Treatment

Article H-03: Most-Favoured-Nation Treatment

Each Party shall accord to service providers of the other Party treatment no less favourable than that it accords, in like circumstances, to service providers of any non-Party.

Article H-04: Standard of Treatment

Each Party shall accord to service providers of the other Party the better of the treatment required by Articles H-02 and H-03.

Article H-05: Local Presence

Neither Party may require a service provider of the other Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross-border provision of a service.

Article H-06: Reservations

Article H-07: Quantitative Restrictions

Article H-08: Liberalization of Non-Discriminatory Measures

Each Party shall set out in its Schedule to Annex V its commitments to liberalize quantitative restrictions, licensing requirements, performance requirements or other non-discriminatory measures.

Article H-09: Procedures

The Commission shall establish procedures for:

(a) a Party to notify and include in its relevant Schedule

(i) quantitative restrictions in accordance with Article H-07(2),

(ii) commitments pursuant to Article H-08, and

(iii) amendments of measures referred to in Article H-06(1)(c); and

(b) consultations on reservations, quantitative restrictions or commitments with a view to further liberalization.

Article H-10: Licensing and Certification

Article H-11: Denial of Benefits

Article H-12: Definitions

cross-border provision of a service or cross-border trade in servicesmeans the provision of a service:

(a) from the territory of a Party into the territory of the other Party;

(b) in the territory of a Party by a person of that Party to a person of the other Party; or

(c) by a national of a Party in the territory of the other Party,

but does not include the provision of a service in the territory of a Party by an investment, as defined in Article G-40 (Investment - Definitions), in that territory;

enterprise means an "enterprise" as defined in Article B-01 (Definitions of General Application), and a branch of an enterprise;

enterprise of a Party means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there;

existing means in effect on January 1, 1994 for Canada and December 29, 1995 for Chile;

financial service means a service of a financial nature, including insurance, and services incidental or auxiliary to a service of a financial nature;

professional services means services, the provision of which requires specialized post-secondary education, or equivalent training or experience, and for which the right to practice is granted or restricted by a Party, but does not include services provided by trades-persons or vessel and aircraft crew members;

quantitative restriction means a non-discriminatory measure that imposes limitations on:

(a) the number of service providers, whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or

(b) the operations of any service provider, whether in the form of a quota or an economic needs test, or by any other quantitative means;

service provider of a Party means a person of a Party that seeks to provide or provides a service; and

specialty air services means aerial mapping, aerial surveying, aerial photography, forest fire management, fire fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services.

Annex H-10.5

Professional Services

Section I - General Provisions

Processing of Applications for Licences and Certifications
Development of Professional Standards
Temporary Licensing
Review

Section II - Foreign Legal Consultants

Consultations With Professional Bodies
Future Liberalization

Section III - Temporary Licensing of Engineers

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