1. This Schedule sets out, pursuant to Article 12.6.2 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), the specific sectors, sub-sectors or activities for which Hong Kong, China may maintain existing, or adopt new or more restrictive, measures that do not conform with the following obligations:
(a) Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions); or
(b) Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 12.6.2 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), do not apply to the sectors, sub- sectors or activities covered by the entry; and
(c) Description sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry to which the reservation applies.
3. In accordance with Article 12.6.2 (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 sectors, sub-sectors or activities set out in the Description element of that entry.
II-HKC-1 (Establishment)
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.4)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to the acquisition or ownership of land and properties in Hong Kong, China.
II-HKC-2 (Establishment)
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.4)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to the acquisition, sale or other disposition by natural persons of Peru of bonds, bills, notes, or other kinds of debt securities or instruments issued by the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (including the Hong Kong Monetary Authority) or by a Government enterprise.
II-HKC-3 (Establishment)
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.4) Performance Requirements (Article 12.5)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to:
(a) public law enforcement, ambulance services, correctional services, fire-fighting and rescue services; and
(b) the following, to the extent that they are social services established for a public purpose:
(i) health;
(ii) education;
(iii) housing;
(iv) training;
(v) transport;
(vi) public utilities;
(vii) social security; and
(viii) social welfare.
II-HKC-4 (Establishment)
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.4)
Description; Hong Kong, China reserves the right to adopt or maintain any measure with respect to:
(a) the full or partial devolvement to the private sector of services provided in the exercise of governmental authority; and
(b) the privatisation, divestment, sale or other disposition of corporate entities, equity interests or assets in government ownership.
II-HKC-5 (Establishment)
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.4)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to new sectors and industries.
II-HKC-6 (Establishment)
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.4)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to its legislation relating wholly or mainly to taxation.
Annex II. SCHEDULE OF PERU (Reservations for Trade in Services and Establishment) (1)
EXPLANATORY NOTES
1. 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), the specific sectors, sub-sectors or activities for which Peru may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 8.3 (National Treatment) of Chapter 8 (Trade in Services) Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions); or
(b) Article 8.4 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services);
(c) Article 8.5 (Market Access) of Chapter 8 (Trade in Services);
(d) Article 8.6 (Local Presence) of Chapter 8 (Trade in Services); or
(e) Article 12.5 (Performance Requirements) of Chapter 12 (Establishment a Related Provisions)
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific sub-sector for which the entry is made;
(c) 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;
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.7.2 (Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 12.6.2 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), do not apply to the sectors, sub-sectors or activities listed in the entry;
(e) Description sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry to which the reservation applies; and
(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors or activities covered by the entry.
3. In accordance with Article 8.7.2 (Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 12.6.2 (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 sectors, sub-sectors and activities identified in the Description element of that entry.
II-PERU-1
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4)
Description: Trade in Services
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries in accordance with any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries in accordance with any bilateral or multilateral international agreements in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters (2), including salvage.
Existing Measures:
I-PERU-2
Sector: Indigenous Communities, Peasant, Native and Minority Affairs
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Most-Favoured-Nation Treatment (Article 8.4) Local Presence (Article 8.6) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities and ethnic groups. For the purposes of this entry, “ethnic groups” means indigenous, native and peasant communities.
Existing Measures:
II-PERU-3
Sector: Fishing and Services related to Fishing
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Most-Favoured-Nation Treatment (Article 8.4) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure relating to artisanal fishing.
Existing Measures:
II-PERU-4
Sector: Cultural Industries
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4)
Description: Trade in Services
For the purposes of this entry, “cultural industries” means:
(a) publication, distribution or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b) production, distribution, sale or display of recordings of movies or videos;
(c) production, distribution, sale or display of music recordings in audio or video format;
(d) production and presentation of theatre arts (3);
(e) production and exhibition of visual arts;
(f) production, distribution or sale of printed music scores or scores readable by machines;
(g) design, production, distribution and sale of handicrafts; or
(h) radiobroadcasts aimed at the public in general, as well as all radio, television, and cable television-related activities, satellite programming services, and broadcasting networks.
Peru reserves the right to adopt or maintain any measure giving preferential treatment to persons of other countries pursuant to any existing or future bilateral or multilateral international agreement regarding cultural industries, including audio-visual cooperation agreements.
For greater certainty, Chapter 8 (Trade in Services) and Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions) shall not apply to government support for the promotion of cultural industries.
Existing Measures:
II-PERU-5
Sector: Handicraft Industries
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure relating to the design, distribution, retailing or exhibition of handicrafts that are identified as Peruvian handicrafts.
Performance requirements shall in all cases be consistent with the Agreement on Trade-Related Investment Measures, set out in Annex 1A to the WTO Agreement (TRIMs Agreement).
Existing Measures:
II-PERU-6
Sector: Audio-Visual Industry
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure whereby a specified percentage (up to 20 per cent) of the total cinematographic works shown on an annual basis in cinemas or exhibition rooms in Peru consist of Peruvian cinematographic works. In establishing such percentage,
Peru shall take into account factors including the national cinematographic production, the existing exhibition infrastructure in the country and attendance.
Existing Measures:
II-PERU-7
Sector: Jewellery Design. Theatre Arts. Visual Arts. Music. Publishing
Sub-Sector:
Obligations: Concerned National Treatment (Article 8.3) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support for the development and production of jewellery design, theatre arts, visual arts, music and publishing on the recipient achieving a given level or percentage of domestic creative content.
Existing Measures:
II-PERU-8
Sector: Audio-Visual Industry. Publishing. Music
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Most-Favoured-Nation Treatment (Article 8.4)
Description: Establishment and Trade in Services
Peru may adopt or maintain any measure that affords a person of the other Party the treatment that is afforded by that Party to Peruvian persons in the audio-visual, publishing and music sectors.
Existing Measures:
II-PERU-9