Annex II: Reservations for Future Measures (Chapters G and H)

Annex II

Schedule of Canada

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).

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.

In the interpretation of a reservation, all elements of the reservation shall be considered. The Description element shall prevail over all other elements.

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.

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.