Hong Kong - Peru FTA (2024)
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4 DISTRIBUTION SERVICES

Commission agents’ services 621

Wholesale trade services 622

Retailing services 631+632;

6111+6113+6121

5 “Cabotage” covers transportation of passengers or goods between a point in Hong Kong, China and another point in Hong Kong, China, as well as traffic originating and terminating in the same point in Hong Kong, China, provided that this traffic remains within the waters of Hong Kong, China.

Spa services 9702**

In respect of installers or servicers, the commitments apply only to the following sectors and sub-sectors in the Services Sectoral Classification List published by the WTO (WTO document MTN.GNS/W/120 of July 10, 1991)6:

SECTORS AND SUB-SECTORS CORRESPONDING CPC

1 BUSINESS SERVICES Section B

Professional Services

Engineering services

Integrated engineering services

8672

8673

Computer and Related Services

Consultancy services related to computer hardware

Software implementation services

Data processing services

the installation of

841

842

843

6 In implementing this commitment, the sectors and segments listed under this paragraph shall be construed by reference to the field of activity of the supplying enterprise.

7 “Cabotage” covers transportation of passengers or goods between a point in Hong Kong, China and another point in Hong Kong, China, as well as traffic originating and terminating in the same point in Hong Kong, China, provided that this traffic remains within the waters of Hong Kong, China.

The (*) indicates that the service specified is a component of a more aggregated CPC item specified elsewhere in paragraph 5 of this Schedule.

The (**) indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.

TEMPORARY ENTRY FOR BUSINESS PERSONS

The following sets out Peru’s commitments in accordance with Article 10.4 (Grant of Temporary Entry) in respect of the temporary entry for business persons.

1 In case of discrepancy or divergence between the authentic texts, the Spanish text of this Schedule shall prevail.

2 In the case of financial services activities, this Category only includes financial services personnel of an enterprise located in the other Party, engaging in financial services, where the provision of such financial services does not require the authorisation of the competent authority of Peru or where Peru has explicitly made commitments for such financial services in Annex 9-A.1 (Cross-Border Trade) of Chapter 9 (Financial Services).

3 For greater certainty, the business person transferred shall provide services under a subordinate relationship in Peru.

4 Such temporary entry does not imply an authorisation to perform the activities allowed under the Category of Intra-Corporate Transferee nor to perform remunerated activities.

TEMPORARY ENTRY FOR BUSINESS PERSONS

For the purposes of this Chapter:

business person means a natural person of a Party who is engaged in trade in goods, the supply of services or the conduct of investment activities, seeking temporary entry for business purposes;

immigration formality means a visa, permit, pass or other document or electronic authority granting a business person of a Party temporary entry;

immigration measure means any measure affecting the entry and stay of a business person of a Party in the Area of the other Party; and

temporary entry means entry into the Area of a Party by a business person of the other Party who does not intend to establish permanent residence.

This Chapter shall apply to measures that affect the temporary entry of business persons of a Party into the Area of the other Party under any of the categories referred to in Annex 10-A.

This Chapter shall not apply to measures affecting natural persons of a Party seeking access to the employment market of the other Party, nor shall it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis.

Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its Area, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that those measures are not applied in a manner as to nullify or impair the benefits accruing to the other Party under this Chapter.

The sole fact that a Party requires business persons of the other Party to obtain an immigration formality shall not be regarded as nullifying or impairing the benefits accruing to the other Party under this Chapter.

Each Party shall, as expeditiously as possible, process complete applications for immigration formalities, including further immigration formality requests or extensions, and inform the applicant of the decision including, if approved, the period of stay and other conditions.

On request of an applicant, a Party that has received a complete application for an immigration formality shall endeavour to promptly provide the applicant with information concerning the status of the application.

Each Party shall ensure that fees charged by its competent authorities for the processing of an application for an immigration formality are reasonable.

Each Party shall set out in Annex 10-A the commitments it makes with regard to temporary entry of business persons of a Party, which shall specify the conditions and limitations1 for entry and temporary stay, including length of stay, for each category of business persons specified by that Party.

A Party shall grant temporary entry or extension of temporary stay to business persons of the other Party to the extent provided for in those commitments made pursuant to paragraph 1, provided that those business persons:

follow the granting Party’s prescribed application procedures for the relevant immigration formality; and

meet all relevant eligibility requirements for temporary entry to, or extension of temporary stay in, the granting Party.

The sole fact that a Party grants temporary entry to a business person of the other Party pursuant to this Chapter shall not be construed to exempt that business person from meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practise a profession or otherwise engage in business activities.

Further to Articles 16.2 (Publication) and 16.3 (Notification and Provision of Information) of Chapter 16 (Transparency and Anti-Corruption), each Party shall:

1 For greater certainty, conditions and limitations include any numerical quota or labour market testing requirement, which neither Party shall impose unless specified in Annex 10-A.

promptly publish online if possible or otherwise make publicly available, information on:

current requirements for temporary entry under this Chapter, including explanatory material and relevant forms and documents that will enable interested persons of the other Party to become acquainted with those requirements; and

the typical timeframe within which an application for an immigration formality is processed; and

establish or maintain appropriate mechanisms to respond to enquiries from interested persons regarding measures relating to temporary entry under this Chapter.

The information referred to in paragraph 1(a) shall include, where applicable, the following information:

types of visa, permit or any similar authorisation regarding entry and temporary stay;

documentation required and conditions to be met; and

method of filing an application and options on where to file, such as consular offices or online.

Except for this Chapter, Chapter 1 (Initial Provisions and General Definitions), Chapter 17 (Administrative and Institutional Provisions), Chapter 18 (Dispute Settlement), Chapter 20 (Final Provisions) and Articles 16.2 (Publication) and 16.3 (Notification and Provision of Information) of Chapter 16 (Transparency and Anti- Corruption), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.

Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.

Neither Party shall have recourse to dispute settlement under Chapter 18 (Dispute Settlement) regarding a refusal to grant temporary entry unless:

the matter involves a pattern of practice; and

the business persons affected have exhausted all available administrative remedies regarding the particular matter.

SCHEDULE OF HONG KONG, CHINA1

This Schedule sets out, pursuant to Article 12.6.1 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), the existing measures of Hong Kong, China that are not subject to the following obligations:

Article Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions); or

Article Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions).

Each Schedule entry sets out the following elements:

Sector refers to the sector for which the entry is made;

Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 12.6.1(a) (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), do not apply to the listed measure(s) pursuant to paragraph 4;

Measures identifies the laws, regulations or other measures for which the entry is made. A measure cited in the Measures element:

means the measure as amended, continued or renewed as of the date of entry into force of this Agreement; and

includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

Description sets out the non-conforming measure for which the entry is made.

A measure that is only inconsistent with Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions) need not be reserved against Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions).

1 In case of discrepancy or divergence between the authentic texts, the English text of this Schedule shall prevail.

In accordance with Article 12.6.1 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), the obligations of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measures set out in the Description element of that entry.

This Schedule sets out, pursuant to Article 8.7 (Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 12.6 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), existing measures that are not subject to some or all of the obligations imposed by:

Article Article 8.3 (National Treatment) of Chapter 8 (Trade In Services) or Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions);

Article Article 8.4 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade In Services);

Article Article 8.5 (Market Access) of Chapter 8 (Trade In Services);

Article Article 8.6 (Local Presence) of Chapter 8 (Trade In Services); or

Article Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions).

Each Schedule entry sets out the following elements:

Sector refers to the sector for which the entry is made;

Sub-Sector, where referenced, refers to the specific sub-sector for which the entry is made;

To identify the different sectors and sub-sectors in this list, the CPC prov, 1991 is used, which stands for the Central Product Classification according to the definition of the United Nations Statistics Office, Statistical Reports, Series M, No. 77, CPC prov, 1991;

Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.7.1.(a) (Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 12.6.1(a) (Non-Conforming Measures) of

1 In case of discrepancy or divergence between the authentic texts, the Spanish text of this Schedule shall prevail.

Chapter Chapter 12 (Establishment and Related Provisions), Do Not Apply to the Listed Measure(s);

Level of Government indicates the level of government maintaining the listed measures;

Measures identifies the laws, regulations or other measures for which the entry is made. A measure cited in the Measures element:

means the measure as amended, continued or renewed as of the date of entry into force of this Agreement; and

includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

Description provides a general non-binding description of the measure for which the entry is made.

Article Articles 8.3 (National Treatment) and 8.6 (Local Presence) of Chapter 8 (Trade In Services) Are Separate Disciplines and a Measure That Is Only Inconsistent with Article 8.6 (Local Presence) of Chapter 8 (Trade In Services) Need Not Be Reserved Against Article 8.3 (National Treatment) of Chapter 8 (Trade In Services).

In accordance with Article 8.7.1 (Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 12.6.1 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation or other measure identified in the Measures element of that entry.

Sector All

Obligations Concerned National Treatment (Article 12.4)

Level of Government Central

Measures Political Constitution of Peru (Constitución Política del Perú) (1993), Article 71

Legislative Decree N° 757, “El Peruano” Official Gazette of November 13, 1991, Framework Law for Private Investment Growth (Ley Marco para el Crecimiento de la Inversión Privada), Article 13

Description Establishment

No foreign national, enterprise constituted under foreign law or enterprise constituted under Peruvian law, and owned in whole or part, directly or indirectly, by foreign nationals may acquire or own, directly or indirectly, by any title, land or water (including mines, forest or energy sources) located within 50 kilometres of the Peruvian border. Exceptions may be authorised by Supreme Decree approved by the Council of Ministers in conformity with law in cases of expressly declared public necessity.

For each case of acquisition or possession within the referred area, the investor shall hand in the correspondent request to the relevant Ministry, in accordance with laws in force. For example, authorisations of this kind have been given in the mining sector.

Sector

Sub-Sector Obligations Concerned Level of Government Measures

Description

Services Related to Fishing

National Treatment (Article 8.3) Central

Supreme Decree N° 012-2001-PE, “El Peruano” Official Gazette of March 14, 2001, Regulation of the Fisheries Law (Reglamento de la Ley General de Pesca), Articles 67, 68, 69 and 70

Trade in Services

Before commencing operations, ship owners of foreign- flagged fishing vessels must present an unconditional, irrevocable letter of guarantee with automatic execution and joint liability, which will be valid for no more than 30 calendar days after the expiry of the fishing permit, issued for the benefit and to the satisfaction of the Ministry of Production by a financial, banking or insurance institution recognised by the Superintendency of Banking, Insurance and Private Administrators of Pension Funds (Superintendencia de Banca, Seguros y Administradoras Privadas de Fondos de Pensiones (AFP)). Such letter shall be issued in an amount equal to 25 per cent of the amount that must be paid for fishing rights.

A ship owner of a foreign-flagged fishing vessel that is not of large scale (in accordance with the regulation mentioned above) and that operates in Peruvian jurisdictional waters must have a Satellite Tracking System in its vessel, except for ship owners operating in highly migratory fisheries who are excepted from this obligation by a Ministerial Resolution.

Foreign-flagged fishing vessels with a fishing permit must have on board a scientific technical observer appointed by the Sea Institute of Peru (Instituto del Mar del Perú (IMARPE)). The ship owner must provide accommodation on board for that representative and a daily stipend, which must be deposited in a special account to be administered by IMARPE.

Ship owners of foreign-flagged fishing vessels that operate in Peruvian jurisdictional waters must hire a minimum of 30 per cent Peruvian crew, subject to its applicable domestic legislation.

Sector Broadcasting Services

Obligations Concerned National Treatment (Article 8.3 and Article 12.4)

Local Presence (Article 8.6)

Level of Government Central

Measures Law Nº 28278, “El Peruano” Official Gazette of July 16, 2004, Radio and Television Law (Ley de Radio y Televisión), Article 24

Description Establishment and Trade in Services

Only Peruvian nationals or juridical persons organised under Peruvian law and domiciled in Peru may be authorised or licensed to offer broadcasting services.

No foreign national may hold an authorisation or a licence directly or through a sole proprietorship.

Sector Broadcasting Services

Obligations Concerned National Treatment (Article 8.3)

Performance Requirements (Article 12.5)

Level of Government Central

Measures Law Nº 28278, “El Peruano” Official Gazette of July 16, 2004, Radio and Television Law (Ley de Radio y Televisión), Eighth Complementary and Final Provision

Description Establishment and Trade in Services

At least 30 per cent, on average, of the total weekly programs by free-to-air broadcasters must be produced in Peru and broadcasted between the hours of 05:00 and 24:00.

Sector Broadcasting Services

Obligations Concerned National Treatment (Article 8.3 and Article 12.4)

Most-Favoured-Nation Treatment (Article 8.4)

Level of Government Central

Measures Supreme Decree N° 005-2005-MTC, “El Peruano” Official Gazette of February 15, 2005, Regulation of the Radio and Television Law (Reglamento de la Ley de Radio y Televisión), Article 20

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Section   B General Definitions 1
  • Article   1.3 General Definitions 1
  • Section   C Interpretations 1
  • Article   1.4 Interpretations 1
  • Chapter   2 TRADE IN GOODS 1
  • Section   A Definitions and Scope 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope of Application 1
  • Section   B National Treatment 1
  • Article   2.3 National Treatment 1
  • Section   C Elimination of Customs Duties 1
  • Article   2.4 Elimination of Customs Duties 1
  • Section   D Special Regimes 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Section   E Non-Tariff Measures 1
  • Article   2.7 Import and Export Restrictions 1
  • Article   2.8 Import Licensing 1
  • Article   2.9 Administrative Fees and Formalities 1
  • Article   2.10 State Trading Enterprises 1
  • Article   2.11 Agricultural Export Subsidies 1
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 1
  • Article   3.1 Definitions 1
  • Article   3.2 Originating Goods 2
  • Article   3.3 Wholly Obtained or Produced Goods 2
  • Article   3.4 Regional Value Content 2
  • Article   3.5 Accumulation 2
  • Article   3.6 De Minimis 2
  • Article   3.7 Minimal Operations or Processes 2
  • Article   3.8 Fungible Goods or Materials 2
  • Article   3.9 Accessories, Spare Parts, Tools or Instructional or other Information Materials 2
  • Article   3.10 Packaging Materials and Containers for Retail Sale 2
  • Article   3.11 Packing Materials and Containers for Shipment 2
  • Article   3.12 Indirect Materials 2
  • Article   3.13 Sets of Goods 2
  • Article   3.14 Direct Transport 2
  • Section   B Origin Procedures 2
  • Article   3.15 Certificate of Origin 2
  • Article   3.16 Exemption of Certificate of Origin 2
  • Article   3.17 Authorised Body 2
  • Article   3.18 Minor Errors or Slight Discrepancies 2
  • Article   3.19 Obligations Regarding Importations 2
  • Article   3.20 Refund of Import Customs Duty 2
  • Article   3.21 Supporting Documents 2
  • Article   3.22 Record Keeping of Certificate of Origin and Supporting Documents 2
  • Article   3.23 Verification Process 2
  • Article   3.24 Denial of Preferential Tariff Treatment 3
  • Article   3.25 Electronic Origin Data Exchange 3
  • Article   3.26 Penalties 3
  • Article   3.27 Confidentiality 3
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 3
  • Article   4.1 Definitions 3
  • Article   4.2 Objectives 3
  • Article   4.3 Scope 3
  • Article   4.4 Affirmation of the WTO Agreement on Trade Facilitation 3
  • Article   4.5 Customs Valuation 3
  • Article   4.6 Tariff Classification 3
  • Article   4.7 Competent Authorities 3
  • Article   4.8 Facilitation 3
  • Article   4.9 Advance Rulings 3
  • Article   4.10 Application of Information Technology 3
  • Article   4.11 Single Window 3
  • Article   4.12 Use of International Standards 3
  • Article   4.13 Risk Management 3
  • Article   4.14 Publication and Enquiry Points 3
  • Article   4.15 Express Consignments 3
  • Article   4.16 Release of Goods 3
  • Article   4.17 Border Agency Cooperation 3
  • Article   4.18 Perishable Goods 3
  • Article   4.19 Penalties 3
  • Article   4.20 Review of Formalities and Documentation Requirements 3
  • Article   4.21 Authorised Economic Operator 3
  • Article   4.22 Review and Appeal 3
  • Article   4.23 Customs Cooperation and Assistance 3
  • Article   4.24 Consultation 3
  • Chapter   5 TECHNICAL BARRIERS TO TRADE 3
  • Article   5.1 Definitions 3
  • Article   5.2 Objectives 3
  • Article   5.3 Scope 4
  • Article   5.4 Affirmation of the TBT Agreement 4
  • Article   5.5 International Standards, Guides and Recommendations 4
  • Article   5.6 Equivalence of Technical Regulations 4
  • Article   5.7 Conformity Assessment Procedures 4
  • Article   5.8 Transparency 4
  • Article   5.9 Technical Cooperation 4
  • Article   5.10 Information Exchange 4
  • Article   5.11 Consultations 4
  • Article   5.12 Committee on Technical Barriers to Trade 4
  • Article   5.13 Contact Points 4
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   6.1 Definitions 4
  • Article   6.2 Objectives 4
  • Article   6.3 Scope 4
  • Article   6.4 Affirmation of the SPS Agreement 4
  • Article   6.5 Transparency 4
  • Article   6.6 Equivalence 4
  • Article   6.7 Science and Risk Analysis 4
  • Article   6.8 Adaptation to Regional Conditions 4
  • Article   6.9 Cooperation 4
  • Article   6.10 Consultations 4
  • Article   6.11 Committee on SPS Measures 4
  • Article   6.12 Contact Points 4
  • Chapter   7 TRADE REMEDIES 4
  • Section   A Anti-dumping and Countervailing Duties 4
  • Article   7.1 Anti-dumping 4
  • Article   7.2 Subsidies and Countervailing Measures 4
  • Section   B Safeguard Measures 4
  • Article   7.3 Definitions 4
  • Article   7.4 Global Safeguard Measures 4
  • Article   7.5 Imposition of a Transitional Safeguard Measure 5
  • Article   7.6 Investigation Procedures and Transparency Requirements 5
  • Article   7.7 Standards for a Transitional Safeguard Measure 5
  • Article   7.8 Notification and Consultation 5
  • Article   7.9 Compensation 5
  • Article   7.10 Relation to other Safeguard Measures 5
  • Chapter   8 TRADE IN SERVICES 5
  • Article   8.1 Definitions 5
  • Article   8.2 Scope 5
  • Article   8.3 National Treatment (2) 5
  • Article   8.4 Most-Favoured-Nation Treatment 5
  • Article   8.5 Market Access 5
  • Article   8.6 Local Presence 5
  • Article   8.7 Non-Conforming Measures 5
  • Article   8.8 Domestic Regulation 5
  • Article   8.9 Recognition 6
  • Article   8.10 Denial of Benefits 6
  • Article   8.11 Transparency 6
  • Article   8.12 Payments and Transfers 6
  • Article   8.13 Contact Points 6
  • Annex 8-A  PROFESSIONAL SERVICES 6
  • Annex I  SCHEDULE OF HONG KONG, CHINA (Existing Non-Conforming Measures for Trade in Services) (1) 6
  • Annex I  SCHEDULE OF PERU (Existing Non-Conforming Measures for Trade in Services and Establishment) (1) 7
  • Annex II  SCHEDULE OF HONG KONG, CHINA (Reservations for Trade in Services) (1) 9
  • Annex II  SCHEDULE OF PERU (Reservations for Trade in Services and Establishment) (1) 11
  • Chapter   9 FINANCIAL SERVICES 12
  • Article   9.1 Definitions 12
  • Article   9.2 Scope 13
  • Article   9.3 National Treatment (2) 13
  • Article   9.4 Most-Favoured-Nation Treatment 13
  • Article   9.5 Market Access for Financial Institutions 13
  • Article   9.6 Cross-Border Trade 13
  • Article   9.7 Special Formalities and Information Requirements 13
  • Article   9.8 Senior Management and Boards of Directors 13
  • Article   9.9 Non-Conforming Measures 13
  • Article   9.10 Electronic Payment Card Systems 13
  • Article   9.11 Transparency and Administration of Measures 13
  • Article   9.12 Expedited Availability of Insurance Services 13
  • Article   9.13 Financial Services New to the Area of a Party 13
  • Article   9.14 Self-Regulatory Organisations 13
  • Article   9.15 Performance of Back-Office Functions 13
  • Article   9.16 Payment and Clearing Systems 13
  • Article   9.17 Denial of Benefits 13
  • Article   9.18 Payments and Transfers 13
  • Article   9.19 Treatment of Certain Information 13
  • Article   9.20 Exceptions Including for Prudential Reasons 13
  • Article   9.21 Recognition 13
  • Article   9.22 Consultations 13
  • Article   9.23 Contact Points 13
  • Article   9.24 Specific Provisions on Dispute Settlement 13
  • Annex 9-A  CROSS-BORDER TRADE 14
  • Annex 9-B  AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES 14
  • Annex III  SCHEDULE OF HONG KONG, CHINA (Financial Services) (1) 14
  • Annex III  SCHEDULE OF PERU (Financial Services) (1) 14
  • Chapter   10 TEMPORARY ENTRY FOR BUSINESS PERSONS 15
  • Article   10.1 Definitions 15
  • Article   10.2 Scope 15
  • Article   10.3 Application Procedures 15
  • Article   10.4 Grant of Temporary Entry 15
  • Article   10.5 Provision of Information 15
  • Article   10.6 Relation to other Chapters 15
  • Article   10.7 Dispute Settlement 15
  • Annex 10-A  SPECIFIC TEMPORARY ENTRY FOR BUSINESS PERSONS. Schedule of Hong Kong, China (1) 15
  • Article   Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions); or 16
  • Article   Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions). 16
  • Article   Article 8.3 (National Treatment) of Chapter 8 (Trade In Services) or Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions); 16
  • Article   Article 8.4 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade In Services); 16
  • Article   Article 8.5 (Market Access) of Chapter 8 (Trade In Services); 16
  • Article   Article 8.6 (Local Presence) of Chapter 8 (Trade In Services); or 16
  • Article   Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions). 16
  • Chapter   Chapter 12 (Establishment and Related Provisions), Do Not Apply to the Listed Measure(s); 16
  • Article   Articles 8.3 (National Treatment) and 8.6 (Local Presence) of Chapter 8 (Trade In Services) Are Separate Disciplines and a Measure That Is Only Inconsistent with Article 8.6 (Local Presence) of Chapter 8 (Trade In Services) Need Not Be Reserved Against Article 8.3 (National Treatment) of Chapter 8 (Trade In Services). 16
  • Article   Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions); or 18
  • Article   Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions). 18
  • Article   Articles 12.4 and 12.5 Shall Not Apply to: 19
  • Article   Articles 12.4 and 12.5 Shall Not Apply to Any Measure That a Party Adopts or Maintains with Respect to Sectors, Sub-sectors or Activities as Set Out In Its Schedule to Annex II. 19
  • Article   Article 12.4 Shall Not Apply to Any Measure That Falls Within Article 5 of the TRIPS Agreement, or an Exception to, or Derogation from, the Obligations Which Are Imposed by Article 3 of the TRIPS Agreement. 19
  • Article   Article 16.1: Definition 20
  • Article   Article 17.6: Contact Points 21
  • Article   Article 18.1: Definitions 21
  • Chapter   Chapter 2 (Trade In Goods); or 22
  • Article   Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions). 22