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Whilst you will probably find that the majority of individuals talk English language in large places, it might be really different in modest communities or non-urban locations. Seeking to speak within the language of the country is very loved through the inhabitants. Package your luggage several days prior to making for your personal trip.
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The primary principle underlying Tasmanian Government purchasing is the encouragement of fair and open competition between suppliers with the objective of achieving value for money purchasing outcomes. Government buyers must behave ethically and comply with a code of conduct. They must also enhance opportunities for local businesses to bid for government business, although preference cannot be given to local suppliers. The Tasmanian Government is bound by certain international agreements which include specific Government procurement commitments and these have been incorporated into the Instructions.
The relevant agreements are:. The Tasmanian Government procurement policy framework is non-discriminatory with all suppliers having the same opportunities to compete for business. The policy framework does not provide for potential suppliers to be discriminated against on the basis of their degree of foreign affiliation.
However, a small number of specific policies apply to some sectors as set out below:. Building and construction sector: where appropriate categories exist and certain thresholds are met, suppliers of services are to be pre-qualified with the Department of Treasury and Finance. The VIPP statement will be used to distinguish a winning bid when the competing bids can not be distinguished through value for money considerations.
Where one bidder clearly offers the best value for money, that bidder will be successful provided the required VIPP information has been completed with reasonable estimations. In April , all Australian governments reached agreement to implement a National Competition Policy NCP to enable competition reform to be undertaken in a structured, transparent and comprehensive manner.
NCP is underpinned by three intergovernmental agreements, which outline the reforms that Australian, State and Territory governments agreed to put in place under the NCP process. Under the umbrella of NCP, the Australian, State and Territory governments agreed in the Competition Principles Agreement to abide by principles of competitive neutrality in respect of government businesses. The objective of competitive neutrality policy is the elimination of resource allocation distortions arising out of the public ownership of entities engaged in significant business activities.
Government businesses should not enjoy any net competitive advantage simply as a result of their public sector ownership. In order to neutralise any net competitive advantage, the Competition Principles Agreement sets out a number of measures to be applied to significant government businesses including corporatisation, imposition of full taxes or tax equivalents , debt guarantee fees, and imposition of regulation on an equivalent basis to the private sector.
Each government is required to report annually on their compliance with the Competition Principles Agreement. The laws consist of rules against certain types of anti-competitive conduct the competitive conduct rules and laws relating to price oversight. These prohibitions include secondary boycotts, exclusive dealing, and mergers which are likely to substantially lessen competition in a substantial market.
In addition, collusive price-fixing, third-line forcing, primary boycotts, and resale price maintenance are prohibited, and subject to a per se prohibition i. Part IV also prohibits the misuse of market power by a corporation. Competitive conduct matters are determined exclusively by the Court. Under the regime, there are three types of oversight — surveillance, monitoring and public inquiries.
Surveillance acts to restrain or limit price increases, is triggered by a Ministerial direction and is applied where there is a concern about prices in a significant market where competition is weak or ineffectual. Under monitoring, the ACCC collects data on prices, costs and profits in an industry or business and provides a report on its findings, as directed by the Australian Minister.
Authorisation is a process whereby the ACCC, upon application, grants immunity from breach of the competitive conduct rules, where the conduct is likely to produce a net public benefit. Exclusive dealing conduct may also receive immunity from court action under a simple notification scheme until, and if, it is revoked by the ACCC, where it is of the opinion that there is no net public benefit from the conduct.
In February , the Council of Australian Governments comprising the Prime Minister, State Premiers, Territory Chief Ministers and the President of the Australian Local Government Association announced its commitment to deliver a substantial new National Reform Agenda, embracing human capital, competition and regulatory reform streams. The competition stream is a substantial addition to, and continuation of, the highly successful NCP reforms. It will further boost competition, productivity and the efficient functioning of markets by focusing on further reform and initiatives in the areas of energy, transport and infrastructure regulation and planning.
The Australian Government is reducing the burden of red tape for businesses to further improve the economic environment so that all businesses, large and small, can prosper and grow. The Australian Government appointed a taskforce the Banks Taskforce to identify practical options for alleviating the compliance burden on business from Australian Government regulation.
The Australian Government has agreed to a range of measures to cut existing regulation across a wide range of sectors and business activities, including health, labour market, consumer, environment, financial and corporate, and taxation. The response also introduces a strengthened regulation-making and review framework to ensure that systems are in place to guard against the introduction of unnecessary regulation and improve the quality of existing and new regulation.
Finally, the Australian Government has agreed to explore options for improving the administration of regulation and to improve efficiency across government. Brunei Darussalam owes its economic prosperity mainly to its abundant petroleum and natural gas resources. However, recognising that a more diverse economic base is in the long-term interest of the nation and the community; the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam is also driving towards economic diversification in order to steer away from this continued dependence on non-renewable resources so as to ensure a more sustainable economy.
In this regard, the investment regime of Brunei Darussalam has undergone a substantive revision in order to create an environment that is favourable and conducive for trade and investment. By establishing a strong legal infrastructure, supported by a competitive market environment, Brunei Darussalam intends to attract and facilitate the flow of more FDI into the country.
Competitive investment incentives are ready and available for investors throughout the business cycle of start up, growth, maturity and expansion. The Investment Incentive Act provides tax advantages at start up and ongoing incentives throughout growth and expansion that are comparable if not better than those offered by other countries in the region. Industrial policies including manpower, ownership, government support and facilities remain open and flexible for all categories of industrial activities.
Brunei Darussalam maintains a realistic approach where a variety of arrangements are feasible. Policies relating to ownership allow for full foreign ownership, majority foreign ownership and minority foreign ownership, as per the type of industry and situation. Its primary focus is in attracting investment in advanced technology industries and skill-intensive services with good export market prospects.
The BEDB also aims to coordinate with relevant ministries and agencies to facilitate investors and maximize benefits. As such its role is to prepare, promote and develop industrial sites and strategic competitive facilities for prioritised industries. Targeted industries include developing downstream and manufacturing industries in Sungai Liang and Pulau Muara Besar. The strategy involves developing four prioritized industry clusters to complement the development of Sungai Liang and Pulau Muara Besar.
This includes services, financial services, hospitality and tourism, and transport and logistics. Brunei Darussalam does however maintain its right to screen investment to ensure that foreign investments do not contradict and cause negative impact to the overall National Development Plan and to the national interest.
The point of responsibility for foreign investment policy does not rest with a central agency but with several sectoral agencies. The Government of Brunei Darussalam seeks to ensure that proposals for foreign investment are dealt with quickly and efficiently. The process of application does remain within the responsibility of sectoral agencies and potential investors are often advised to consult these relevant agencies.
Foreign investment in the banking sector needs to be consistent with the Banking Act Foreign ownership in this industry is restricted under the Telecommunications Act Under the Land Code Act revised , no foreign ownership of land is allowed. Lease of land for industrial development however is examinable and often allowed. The Government does not maintain any currency controls or limit remittance, loan and lease payments.
Exchange rates are determined on the basis of demand and supply conditions in the exchange market. Provision for expropriation and compensation is usually included in bilateral investment agreements. There has been no instance of expropriation and compensation of foreign investment in Brunei. The Division advises the government on all matters concerning IP, formulates and reviews IP policies, and drafts the relevant IP legislation.
The Division is also the agency responsible for promoting awareness and disseminating information on IP in the country. To be registrable under the Act, a trademark must be visually perceptible, capable of being represented graphically smell and scent marks are excluded and capable of distinguishing goods and services of one undertaking from those of others. In addition, the proposed trademark must satisfy the formalities and substantive requirements as set out in the Act that governs the registration procedures.
Once registered, a trademark is protected for 10 years but can be further renewed subject to the payment of the renewal fee. The Registries Division operates a re-registration system for patent grants which have been registered in the United Kingdom, Singapore or Malaysia. To be enforced in Brunei Darussalam, the patents must be registered within three years from the date of grant in any of the aforementioned countries.
Such grants will remain valid as long as the patent remains valid in the said countries. The categories of work that are protected under the Copyright Order are literary works, dramatic works, musical works, artistic works, films, sound recordings, broadcasts, cable programmes and published editions.
Protection of copyright is automatic thus there are no formal procedures for registration in Brunei Darussalam. For literary, artistic, dramatic and musical works, protection is 50 years from the end of the calendar year in which the author died. For film and sound recordings, 50 years from the year in which they were made or released. For broadcasts and cable programmes, 50 years from the end of the year in which they were first broadcasted or transmitted. For typographical arrangements, 25 years from the end of the calendar year in which the edition was published.
The Emergency Industrial Designs Order and the Industrial Designs Rules provide for registration of new industrial designs for the visual appearance of products. The Registry does not conduct prior art searches and only examines the formalities requirements.
To be registrable, an industrial design must be new at the filing date of the application. An industrial design is new if it has not been registered, published, used or sold in Brunei Darussalam or elsewhere before the date on which the application for registration was lodged. Registration is for an initial period of 5 years extendable for two periods of 5 years each totalling a maximum of 15 years subject to the payment of a renewal fee at the end of the 5 th year.
The Emergency Layout Designs Order provides statutory protection for original layout designs that are created after the commencement of the Order. Original layout designs are protected automatically as there is no requirement for registration or deposit of the layout.
The duration of the protection is either 10 years after the first commercial exploitation, if the exploitation takes place within 5 years after the year it is created or, in any other case, 15 years after the year of the creation of the layout design. Enforcement of IP rights is based on complaints lodged by the registered owner.
Both civil remedies and criminal sanctions are available in infringement cases. The Royal Brunei Police Force is responsible for general enforcement and the investigation of criminal offences under the relevant legislations while the Royal Customs and Excise Department is responsible for enforcement of border control measures.
General settlement of disputes is covered under the Arbitration Act Cap No cases have reached arbitration over the last three years. There are several agencies responsible for the promotion of investment into Brunei Darussalam namely the Ministry of Industry and Primary Resources and the Brunei Economic Development Board. Each agency is responsible for investment in different areas and investors are advised to consult these agencies prior to engaging in investment activities.
Basic rights and guarantees to investors Repatriation of capital is not restricted. No restrictions are imposed on remittance of earned profits and dividends on investment. In general, foreign ownership of land on long-term lease is allowable within this area. Brunei Darussalam does not impose any restrictions on the repatriation of capital and earnings by foreign investors.
All foreigners require work permits which are valid for two years. Application must first be made to the Labour Department for a labour license. On the recommendation of the Labour Department, the Immigration Department will give grant visas for workers to enter Brunei Darussalam. The deposit or bank guarantee is used for purposes in connection with the entry, subsistence allowance, housing, medical care and repatriation.
The Trade Disputes Act Cap accords to trade unions the customary immunities and protections in respect of acts done in furtherance of trade disputes. It prescribes procedures for conciliation and, subject to the consent of the parties, arbitration in disputes where machinery within the industry concerned does not exist or has failed to achieve settlement.
Trade unionism is not widespread in Brunei Darussalam. As has been already observed, the industrial structure consists almost entirely of small-scale enterprises. Except in the oil industry, the system of collective bargaining has not emerged. Relations between employers and employees are generally good. Existing labour laws have adequate provisions such as for termination of employment, medical care and maternity leave and compensation for disablement.
Labour disputes are very rare. Malaysian, Singaporean and British nationals with the right of abode in the UK are exempted from the requirement to obtain a visa for visits not exceeding 30 days. Visas are also waived for visits ranging from 14 days — 90 days for various nationals. However, visas are required if nationals of these countries intend to stay in Brunei Darussalam for longer than 14 days.
Visitors who wish to enter Brunei Darussalam to take up employment must arrange with their employers to obtain employment passes prior to their arrival Brunei Darussalam is a member of the APEC Business Travel Card scheme. This scheme cuts down red tape for business travel, and provides bona fide and accredited business people pre-cleared entry to participating APEC economies. Card holders enjoy:. Brunei Darussalam does not restrict the appointment of foreign nationals to senior management position to Boards of Directors.
Brunei Darussalam undertakes a procurement process that is non-discriminatory and transparent. Brunei Darussalam does not have any general competition laws. A Price Control Act amended is in place to ensure that price tags are placed on all commodities offered for sale as well as to provide a mechanism for undertaking surveillance to ensure no price oversight, collusive price-fixing and unfair pricing activities occur.
FDI is recognized as bringing with it technology transfers, international management expertise, production know-how and product innovation and market access. It is an important element in the creation and preservation of high-value-added jobs, and is the source of other benefits, such as tax revenue and retained earnings.
Thus Canada has continued to pursue policy objectives domestically and internationally with a view to enhancing investment. The attitude of the Government of Canada to foreign investment was clearly articulated two decades ago with the passage of the Investment Canada Act ICA in , which replaced the more restrictive Foreign Investment Review Act. Canada has responded directly to the increased importance of international investment both inward and outward. It has taken concerted actions that have greatly improved the Canadian investment climate; developed targeted investment attraction strategies; and actively participated in the development and implementation of international rules governing investment.
Canada welcomes, and indeed actively seeks, beneficial foreign investment. The following pages provide information on Canada's foreign investment policy. At the same time, to ensure that such investment will be of net benefit to Canada, the ICA contains provisions for the review of certain acquisitions of control of Canadian businesses by foreign investors above a certain threshold see below and the establishment of new businesses in industries related to Canada's national identity or cultural heritage.
To encourage investment by non-Canadians, Canadian government officials work with potential non-Canadian investors to help them develop investment plans and undertakings that will comply with relevant policies and fully satisfy the net benefit criterion.
The ICA specifies the factors to be taken into account in reviewable investments. Assessments are made in terms of the factors that are relevant to the individual investment proposal. Not all factors are relevant in all reviews. It is the net result of the assessment of the factors that determines the outcome; negative impacts can often be offset by positive impacts and result in an overall positive assessment.
Each review is conducted on a case-by-case basis by examining the merits of the individual investment proposal. The factors of assessment are set out in Section 20 of the ICA and are as follows:. Foreign acquisitions of Canadian businesses with assets below the threshold outlined below and new businesses established by foreign investors which are not reviewable, are subject only to the notification provisions of the ICA. Notification entails the submission of a short filing which advises Industry Canada of the nature and size of the investment.
A notification may be filed up to 30 days following the implementation of the investment. These may be completed and submitted on-line. The following website provides specific information on foreign investment in the cultural sector:. For additional information, please see the contact provided in the next section. To ensure a prompt review and decision, the ICA sets certain time limits for the responsible Ministers.
Within 45 days after a complete application has been received, the investor must be notified that the Minister a is satisfied that the investment is likely to be of net benefit to Canada;. If 45 days have elapsed from the completion date without such a notice, or if a further 30 days or a number of further days agreed upon have elapsed after notice that the Minister is unable to complete the review and no decision has been taken, then the Minister is deemed to be satisfied that the investment is likely to be of net benefit to Canada.
The average period of time in processing an investment application is about 40 days. For cultural cases, the period is often extended to 75 days. When advised that the Minister is not satisfied that the investment is likely to be of net benefit to Canada, the applicant has the right to make representations and to submit undertakings within 30 days of the date of notice or any other period that is agreed upon between the applicant and the Minister.
On the expiration of the day period or agreed extension , the applicant must be notified forthwith that the Minister a is satisfied that the investment is likely to be of net benefit to Canada; or b confirms that the investment is unlikely to be of net benefit to Canada. In the latter case, the applicant may not proceed with the investment or, if the investment has already been implemented, must relinquish control of the Canadian business. While an investor can always resubmit his application, this would not normally be done unless there were significant new factors or undertakings to be offered for consideration.
Foreign investment in Canada is subject to multilateral obligations e. If required, existing domestic legislation is amended to bring it into conformity with international obligations. Examining Canadian foreign investment obligations as represented by Chapter 11 of the NAFTA, will provide a clear picture of commitments on foreign investment access and protection.
The only domestic law of general application with respect to foreign investment is the ICA the Act. Under the Act, the establishment of a new business in Canada by an investor making its first investment in Canada or the establishment of a new business by an existing investor where the new business is unrelated to any existing business in Canada is subject to a straightforward notification procedure, but is not generally subject to review.
There are some exceptions to this, outlined in this section and the section on restricted sectors. In addition to the ICA, there are a number of federal and provincial laws applying to specific industry sectors. The Canada Business Corporations Act also has provisions related to management and equity in federally incorporated businesses.
Foreign investments are accorded national treatment and MFN status in accordance with international agreements signed by Canada that cover investment e. These international agreements contain some derogations from these principles, which are clearly laid out in those agreements. There are no restrictions which limit the repatriation of funds related to foreign investment, such as profits, dividends and royalties, loan payments and liquidation.
There are also no restrictions on the convertibility of currencies for the overseas transfer of funds. There are no restrictions to the foreign exchange regime. Exchange rates are determined on the basis of supply and demand conditions in the exchange market. It states that each Party shall permit all transfers relating to a covered investment to be made freely, and without delay, into and out of its territory.
Both at the federal and provincial levels, there exists legislation giving authority to expropriate for the public purpose in accordance with the rule of law, subject to compensation. In all circumstances, a fair and equitable legal process is available to the expropriated party for the determination of compensation.
Authorities first attempt to reach agreement on appropriate compensation, failing which the action is subject to the judicial process. Compensation is based on fair market value. Valuation criteria are determined by the courts and can include such things as asset value, going concern value, and other criteria. Undisclosed information of commercial value is protected by federal and provincial statute and jurisprudence.
Canada continues to improve intellectual property laws and their administration, to ensure adequate protection for owners of intellectual property, including effective mechanisms for enforcement of rights. Canada recognizes the importance of intellectual property to the Canadian economy and is committed to developing effective intellectual property laws throughout the world.
Canada has adhered to the following international treaties with IP obligations:. Foreign and national investors have equal access to legal procedures in Canada. In addition, under the NAFTA and a number of bilateral investment agreements, foreign investors can appeal to international arbitration mechanisms. It entered into force for Canada on 12 May Canada also has made performance requirements commitments in each of its bilateral FIPAs.
In June , the Canadian government approved a new Investment Strategy. This new strategy committed it to increase efforts to attract foreign investment to Canada, and to facilitate the growth of Canadian-based, globally competitive companies. The strategy focuses on a number of priorities:. To increase international awareness of the advantages of Canada as an investment site, the Government is actively promoting specific opportunities and our positive economic policies to potential investors.
The government is targeting decision-makers in specific multinational companies with strategic campaigns to influence their new investment decisions. Through, the Investment Promotion Branch the Department of Foreign Affairs and International Trade is working to develop and manage investment campaigns directed at leading international investment prospects. Many factors determine the attractiveness of the business environment. Some of these include access to sizable markets, labour force quality and productivity, costs of capital, taxation levels, the business infrastructure and government economic policies.
The Canadian government is working to improve the investment climate by addressing the concerns of both existing and potential investors. In Canada, provincial and municipal authorities compete among themselves for international investment capital. Investors consider this healthy, but it means that cooperation on investment initiatives is more difficult to achieve unless mutual interests and opportunities for complementary efforts are identified.
The federal government continues to build partnerships with provinces and municipalities to attract investment to various industry sectors. In , the Government of Canada announced funding to support Canadian communities in efforts to attract foreign investment. The Community Investment Support Program CISP program provides marketing, data and training funds to assist municipalities attract international investment.
The program supports communities in two ways. CISP funding for communities in the early stages of investment attraction readiness is often devoted to research, training, and community profile development activities. For communities already engaged in investment promotion, CISP funding can help further efforts to identify targets, develop contacts, refine investment strategies, and develop and upgrade websites.
A number of federal government incentive programs are available to Canadian and non-Canadian businesses. There are no specific federal incentives provided to foreign investors. Call from a [touchtone] fax machine at 1 A master index of documents available via FaxLink International may be ordered from the system. The Government of Canada Primary Internet Site Canada Site is the Internet electronic access point through which interested parties from around the world can obtain information about Canada, its government and its programs and services.
Direct links are also provided from this site to government departments and agencies that have Internet facilities. In Canada, responsibility for the regulation of labour relations is divided between the federal government and the governments of the 10 provinces and three territories, with the majority of employees and employers subject to the labour laws of the province or territory in which they work or operate.
All companies operating in Canada, and all employees working in Canada, including temporary foreign workers, are subject to Canadian labour laws. Industrial relations legislation in each Canadian jurisdiction provides a framework for organizing and collective bargaining. The rights of workers and employers to join organizations and to participate in their lawful activities are recognized and protected.
Legislation encourages collective bargaining and the voluntary resolution of disputes with the assistance of conciliation and mediation services. Employment standards legislation covers such topics as minimum age for employment, hours of work and overtime pay, minimum wages, equal pay, weekly rest-day, general holidays with pay, annual vacations with pay, maternity and parental leave and individual and group terminations of employment. Minimum wages vary between the provinces and territories.
Occupational health and safety legislation sets out the general duties of employers and workers with respect to safe workplaces. Regulations specify technical requirements that must be complied with, set standards that must be met, and prescribe procedures that must be followed to reduce the risk of occupational accidents and diseases.
It further recognizes that there is a need to admit foreign workers to complement the labour market or to benefit Canada, while ensuring that Canadians continue to have employment opportunities. In order to work in Canada in an employee-employer relationship or under contract to a Canadian enterprise, a foreign worker will require a work permit.
Generally an application for a work permit should be made at a visa office abroad before leaving for Canada. Application for extension can be made from within Canada. There are many mechanisms to permit temporary foreign workers to be issued with a work permit. These are based on labour market assessment; to honour international commitments i. Individuals may also be admitted to Canada to carry out business or trade related activities without the need for a work permit.
They may work for or represent foreign companies or organizations and are not considered to seek to enter the domestic labour market to compete with Canadian workers. For instance, GATS business visitors are permitted entry to market their services, including establishing a business.
They are considered visitors and will not be documented on a work permit but are still subject to the requirement for a temporary resident visa if applicable. Entry is usually for short durations of stay. Canada has a business program for immigrants designed to attract experienced business people who will create jobs and contribute to economic development.
There are three categories of business immigrants — entrepreneurs, investors and self-employed persons. General provisions of the Immigration and Refugee Protection Act and Regulations apply to all temporary foreign workers. The most obvious is the general requirement for proof of identity and citizenship passport. Citizens of some countries need to obtain a Canadian temporary resident visa before coming to Canada.
Provisions of Immigration legislation also exist to bar the entry of persons with a criminal record, persons who are likely to be a danger to public health or to public safety or whose admission may cause excessive demands on health or social services.
Dependents may accompany the foreign worker to Canada, provided they meet the entry provisions which apply to all visitors to Canada. The Treasury Board Contracting Policy states that the method of procurement used for a particular acquisition must, within the limits of practicality, give all qualified firms an equal opportunity for access to government business.
Competition is essential for an efficient market economy. It encourages healthy rivalry, innovation and productivity. With competitive forces at work, consumers are provided with quality products, choice and best possible price. A competitive economy at home enhances a nation's competitiveness abroad. C, as amended, which came into force on June 19, , replacing the Combines Investigation Ac t which has antecedents dating from The purpose of the Act is to maintain and encourage competition in Canada in order to:.
All business is subject to the Act, with the exception of selected activities specifically exempted such as collective bargaining, amateur sport and some regulated industries subject to other legislation. Section 2. The Commissioner is an independent law enforcement official responsible for the Act , as well as three statutes involving the labelling of consumer products, textiles and precious metals.
The Commissioner is appointed by, and serves at the pleasure of, Cabinet with a mandate to promote competition in Canada. Criminal charges are prosecuted before the various courts of criminal jurisdiction in each province. The Federal Court of Canada, Trial Division, also has jurisdiction with regard to indictable offences.
The Commissioner initiates legal proceedings in non-criminal reviewable matters by filing an application with the Competition Tribunal. The Commissioner is also responsible for providing competition policy advice to federal and provincial governments, and for statutory representations before regulatory boards. The Bureau has four enforcement branches organized along functional lines: mergers, civil matters, criminal matters, and fair business practices.
The enforcement branches are primarily responsible for investigative work and litigation support for cases that proceed before the Tribunal or the courts. The Bureau also has an economics branch that provides economic analysis and , support for enforcement and policy matters. In addition, the Bureau has a Compliance and Operations Branch that is responsible for the coordination of compliance initiatives with the business and legal communities and the public at large, as well as for coordinating management functions within the Bureau.
Finally, the Bureau has a Legislative and Parliamentary Affairs Branch whose role is to ensure that the legislation is kept up-to-date. Whereas the Commissioner's role is investigatory, the Tribunal's is exclusively adjudicative. It was created in with a view to developing special expertise in competition matters.
It sits in panels comprised of both judicial and lay members, with only judicial members deciding questions of law. The Tribunal's structure has been upheld as respecting the Constitutional right to a hearing by an independent and impartial tribunal. The Tribunal may issue orders designed to remedy the effects of the reviewable conduct in question. The Tribunal also registers consent agreements with the consent of the Commissioner and persons under inquiry.
The Competition Tribunal Act provides that any affected person may apply for leave to intervene in proceedings before the Tribunal to make representations relevant to those proceedings, except in respect of fair business practices matters. This Act also provides rights of intervention before the Tribunal to provincial attorneys general. Leave may be sought to appeal to the Federal Court of Appeal. Private litigants may also apply to the Tribunal for leave to make an application under section 75 and 77 of the Competition Act , or may sue in Court for actual damages resulting from conduct contrary to the criminal provisions of the Act or a breach of a Tribunal or Court order made pursuant to the Act.
To do this, the Bureau applies the merger provisions of the Act. However, there are no specific merger provisions that favour domestic over foreign firms. If the Commissioner believes that a merger may be anti-competitive, she can make an application to the Tribunal. However, parties to a proposed merger are encouraged to approach the Commissioner early in the process to determine if there are potential competition concerns, and if there are, to determine whether they could be resolved without resorting to litigation.
This section only provides a general description of competition policy in Canada. Chile is among the 10 non- OECD countries with the highest level of foreign investment in recent years, while Chilean companies have become important investors abroad, mainly within the Latin American region, since the early s. Chilean economic policy has reflected the importance given to foreign investment, which, once established in the country, receives a treatment equally favorable than the one accorded to comparable Chilean companies.
Private property rights are fully protected under the Constitution. Property may only be expropriated pursuant to specific constitutional provisions: expropriations may only be affected by law on grounds of public use or national interest, require the approval of the Congress and the expropriated parties have the right to indemnification for patrimonial harm caused. Accordingly, one of the main objectives of Chile has been to ensure the establishment of clear investment rules, with a view to creating a wider and safer market.
Furthermore, it has completed international negotiation processes in order to gradually liberalize the markets for investors, as well as to strengthen integration processes that may contribute to trade expansion and the creation of strategic alliances to tackle global markets. In Chile, there is a free entrance of capital. Thus, subject to domestic regulations, investors can materialize their investment freely. Under Chapter XIV, the Central Bank is not allowed to reject foreign investments, although it may impose conditions based on its monetary policy on the transfer of funds into and out of Chile, such as a one-year retention requirement.
Any foreign individual or legal entity, as well as Chileans with residence abroad, can invest through D. Under this mechanism, investors enter into a legally binding contract with the Chilean State, which cannot be modified unilaterally by the State or by subsequent changes in the law. However, investors may, at any time, request the amendment of the contract to increase the amount of the investment, change its purpose or assign its rights to another foreign investor.
In practice, the one-year capital lock-in has not represented a restraint since most productive projects -in areas such as mining, forestry, fishing and infrastructure- require more than a one-year start-up period. Once all relevant taxes have been paid, investors are assured access to freely convertible foreign currency without any limits on the amount, for both capital and profit remittances.
In addition, they are guaranteed the right of access to the formal exchange market. The repatriation of all capital invested is devoid of any tax, duty or charge up to the amount of the originally materialized investment. Only capital gains over that amount are subject to the general regulations contained in the tax code. It should be noted that although there are no foreign exchange restrictions currently in place, the Central Bank has the authority to impose restrictions to foreign exchange transactions, in order to preserve the stability of the currency and the normal functioning of external and internal payments.
However, D. Investment Committee according to its real international market value, within days after the foreign investment application is submitted. If the appraisal is not carried out, the value assigned shall be that estimated by the investor in an affidavit. In previous cases, independent consultants have performed this task.
Foreign investors may request a maximum time-limit of three years to materialize their contributions. In the case of mining projects, the time-limit is eight years but, if previous exploration is required, the Foreign Investment Committee may extend it to up to twelve years. These are not "tax breaks" or "tax holidays", but are intended to provide a stable tax horizon, acting as a form of "tax insurance". The investor, thereby, acquires immunity from any tax increases in the Common Tax Regime that may occur during that period.
Invariability of Indirect Taxes: D. This special regime applies throughout the period authorized for carrying out the investment. Additionally, imports of some of these capital goods such as machinery or equipment are exempt from VAT in the case they are not produced in Chile and are on a list compiled, prepared and published by the Ministry of Economy's Foreign Trade Department.
The current list was approved by Decree of the Ministry of Economy, published in the Official Gazette "Diario Oficial" on December 12, , and is available at the Ministry of Economy's website. Foreign investors who sign a D. The products currently listed include accounting and data processing machines, TV cameras, lasers and magnetic resonance imaging diagnostic equipment MRI , among several others.
Currently, the Foreign Investment Committee is revising its policy regarding article 11 bis, and new contracts under this regime are not being approved at this time. This policy is subject to change in the future. New Legislation for mining projects: On 16 June, , Law It establishes a specific tax on mining activities, which will come into force on 1 January, The Law amends Decree Law by adding a new Article 11 ter.
In order to opt into this special regime, investors with existing foreign investment contracts must not have made use of the special invariability regimes set out in articles 7 and 11 bis of DL , or they must renounce those regimes at the time of opting into the rights under article 11 ter. The deadline for submitting a request to opt into the regime under 11 ter for investors with existing foreign investment contracts was November 30, Foreign Investment Procedures: A foreign investor who wishes to invest through the D.
Applications forms are available through our website www. The Foreign Investment Committee retains the right to modify both figures. In the case of foreign currency, investors can execute their foreign exchange operation only when the contract has been duly signed. However, when submitting the application, they can request a special authorization to exchange their currency immediately. Any other type of capital contribution requires the Foreign Investment Contract to be duly signed.
FCIFs may not remit capital for five years following the investment of such capital, although earnings maybe remitted at any time. Finally, it is worth mentioning that the Central Bank of Chile, pursuant to its Basic Constitutional Act and in order to provide for stability of the currency and the normal functioning of the internal and external payment system, is entitled to issue regulations on foreign exchange transactions.
At the present time, there are no restrictions to perform foreign exchange transactions. They also have access to all productive activities and sectors of the economy, except for a few restrictions in areas that include coastal trade, air transport and the mass media.
In the case of fishing, restrictions are subject to the rules of international reciprocity. The State has a very minor productive role in Chile. Only a few strategic activities --such as exploration and exploitation of lithium, liquid and gaseous hydrocarbons deposits in coastal waters under national jurisdiction or located in areas classified as important to national security, and the production of nuclear energy-- are restricted to the State.
However, under certain circumstances, foreign companies can invest even in these sectors. A complete list of the above mentioned Agreements can be found at www. In those agreements the provision that rules transfers sets out that any investor may send the benefits derived from his investment to his country of origin, and also repatriate invested capital in the event of termination of activities or liquidation of the investment freely and without delays, considering the due application of relevant domestic provisions governing this issue.
Likewise, in the Chapters of the FTAs negotiated by Chile investors are guaranteed the right to effect transfers freely and without delays. Notwithstanding, such FTAs explicitly declare that the Central Bank of Chile in accordance with its Constitutional Organic Act, in order to ensure currency stability and the normal operation of domestic and foreign payments, has the right to maintain or adopt measures on foreign exchange operations, including the establishment of restrictions or limitations on current payments and transfers capital movements to or from Chile.
These measures cannot be applied on a discriminatory basis. Expropriation is not defined directly under Chilean law. The Chilean Constitution makes reference to expropriation in article In no case may anyone be deprived of his property, of the assets affected or any of the essential faculties or powers of ownership, except by virtue of a general or a special law which authorizes expropriation for the public benefit or the national interest, duly qualified by the legislator.
The expropriated party may protest the legality of the expropriation action before the ordinary courts of justice and shall, at all times, have the right to indemnification for patrimonial harm actually caused, to be fixed by mutual agreement or by a sentence pronounced by said courts in accordance with the law.
General expropriation procedures are established by Decree Law No. All Chilean regulations relating to expropriation, including the Constitution, refer only to direct expropriation. No mention is found under Chilean law or jurisprudence to indirect expropriation. However, the term is used in international agreements signed by Chile.
One significant recent example is the FTA with the United States, which contains specific regulation on indirect expropriation. Article Annex D regulates expropriation, and particularly indirect expropriation. National jurisprudence has established that expropriation is an administrative act undertaken by virtue of the powers given directly by the legislation to the competent authorities, which must comply with a series of conditions, as set out in the Constitution.
Only the law may establish the manner to acquire property and to use, enjoy and dispose of it, and the limitations and obligations derived from its social function. Said function includes all the requirements of the Nation's general interests, the national security, public use and health, and the conservation of the environmental patrimony. Therefore, limitations to property that can be established by means of an expropriation act can only be carried out by virtue of their social function.
The Constitution has not defined this social function, but has rather described in detail its components: the Nation's general interests, national security, public welfare and health, and the conservation of the environment. The Chilean legal and institutional framework on IPR confers protection to all categories of intellectual property included in the TRIPS Agreement: copyright and related rights, trademarks, geographical indications, patents, industrial designs, layout designs of integrated circuits and protection of undisclosed information.
The Chilean intellectual property regime has significantly evolved in recent times as a result of the incorporation of TRIPS commitments into national law. In addition, several modifications have been driven to meet international standards reached in bilateral commercial agreements. Even while the implementation of IPR standards is an ongoing process, Chile has one of the highest levels of IPR protection in the region. The protection of new plant varieties is regulated through Law No.
In Chile, the term industrial property refers to trademarks, patents, utility models, industrial designs, geographical indications, appellation of origin, layout designs of integrated circuits and protection of undisclosed information. In December , one of the largest reforms to the Chilean Industrial property system came into force, through amendments introduced by Law This system establishes international exhaustion of industrial property rights as a general rule.
The Department of Industrial Property of the Ministry of Economy is in charge of granting industrial property rights. Trademarks are granted for 10 years, and they may be indefinitely renewed. There are no requirements of use for the registration or renewal of trademarks.
They can collect costs and damages and courts have, among others, the power to order the destruction of tools and implements used to produce the falsification or copy. The Customs Service may also enforce some industrial property rights at the border.
Patents are protected for 20 years following their filing, and may be granted to products or to procedures. The patent system establishes for international exhaustion of rights. Economic models and business plans, discoveries, scientific theories and mathematical methods, surgical, therapeutic or diagnostic methods, plant varieties, animals and software are excluded from patent or utility models protection.
The patent system includes the possibility of granting compulsory licences in cases of i monopoly abuse, ii national security, public health, and national emergencies, iii non-commercial public use, or iv cross-licensing in relation with patented subject matters. Novel industrial designs are protected for 10 years from the date of filing and they include textile designs and stampings. This period is non-extendable. Industrial designs can be protected at the same time under copyright law as copyrights goods.
Naps Table. Wed 10 February Race Replays. My stable horse tracker. Next Race Off. Racing Tips. Most Followed. Mirror Online Melissa Jones. Morning Star Farringdon. Irish Daily Star Brian Flanagan. Shropshire Star Andy Morris. Irish Post Karl Hedley. Racing Post RP Ratings. Cambridge Evening News Luke Tucker. Sky Sports Racing Alex Hammond. Daily Record Garry Owen. Irish Herald Ian Gaughran.
Daily Mirror Newsboy. Yorkshire Evening Post Lee Sobot. The Scotsman Glendale. Yorkshire Post The Duke. Racing Post West Country. Norwich Evening News Steve Marriott. Daily Post Mercury. Weekender Paul Kealy. The Sun On Sunday Sirius. Daily Express The Scout. Racing Post Spotlight. The Leader Arthur Shone. Glasgow Evening Times Jeffrey Ross. Brendan Boyle D-PA during fundraiser. Sitting from left to right Jim Isom and Mary Digioia. Mariel took the opportunity to discuss postal issues with the congressman!
Sacramento District Branch 77 Marilyn Walton's branch! Branch Las Vegas Branch the host branch sponsored two days of great hospitality! Ivan D. Butts, Tim Needham, Dr. The meeting was an hour long with various southern AZ union representatives and other retiree federal reps. Dan, a constituent of Congressman Bost, had the opportunity for one-on-one time with the Congressman to discuss many the legislative and postal issues important to NAPS members.
Note: Dan Rendleman in white sportscoat. Congressman Bost in 3-piece suit. I am the shortest one in the picture. Town Hall event for Postal unions conducted by Rep. Debbie Wasserman-Schultz maroon dress that was held Sunday, June 23rd. President Brian Wagner gave an update on the pay package. Area V. Jimmy Warden encouraged the attendees to stay focused on NPA. Back row L to R: Executive V. Jimmy Warden.
He is her Congressman. He lived to the age of Inspector Cooper and her partner Rafael Nunez not pictured thanked all postal employees for their vigilance is helping the Inspection Service and Other Law Enforcement apprehend the suspicious package suspect within four days! The Postal Inspectors investigate crimes on the outside of the postal service including Robberies drugs, and other crimes that negatively impact the safety of postal employees and the sanctity of the Mail.
According to Mike, his visit with Congressman LaHood was very productive and successful. NAPS was represented by members from field customer service and plant operations. This meeting was focused on reducing redundancy within the USPS related to meetings, teleconferences, emails and reports.
We thanked him for his support! Jann Miller retired from the Postal Service with 43 years of service. Jann will be missed along with Joann. The conference had over registered guest. Ahmed, daughter of S. A token of appreciation was presented to John Pescitelli for his continuous sponsorship of the Andy Sozzi Scholarship.
A great time was had by all. A fantastic day of networking and honoring the Scholarship recipients while celebrating the th birthday of New York Branch at this six hour event. And of course! Plenty of dancing! Plant Branch ; Ann Konish past N. Clark, son of S. President Wagner is a constituent of Congressman LaHood. Bobby Bock is a disabled veteran, he also addressed the Wounded Warrior Leave Act of ensuring veterans who qualify, receive the leave they are entitled. Gilbert offered customers cookies and sweet potato pie during a recent Customer Appreciation Day at Steele Creek Station in Charlotte, NC as she answered questions in the retail lobby.
Customers shared their retail experience and showed their gratitude by submitting 28 surveys during a two-day period. The Green Bay turnout was fantastic as the group picture shows. The food was fantastic as well as the hospitality and NAPS fellowship. This is a yearly event. Photo from left to right: Donna Kennell Br. Northeast region V. Tommy Roma and Area V. It was a great weekend of learning and networking!
Representative Roby represents Alabama 2nd congressional district. Branch now has a website! Visit napsbranch Brian J.
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