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