1. The Parties recognise the importance of consumer protection policy and enforcement to creating efficient and competitive markets and enhancing consumer welfare in their respective Areas.
2. Each Party shall adopt or maintain laws or regulations on consumer protection.
3. The Parties recognise that unfair trade practices increasingly transcend economies and that cooperation and coordination between the Parties is desirable to effectively address such practices.
4. Accordingly, the Parties shall promote, as appropriate, cooperation and coordination on matters of mutual interest related to unfair trade practices.
5. The Parties shall, subject to their laws, regulations, policies and available resources, endeavour to cooperate and coordinate on the matters set out in this Article through the relevant public bodies or officials responsible for consumer protection policy, laws or enforcement, as determined by each Party.
Article 14.8. Transparency
1. The Parties recognise the value of transparency in making their competition enforcement policies.
2. Each Party shall make public its competition law, and regulations, guidelines and any rules issued in relation to the administration of such law, excluding internal operating procedures.
3. Each Party shall ensure that a final decision finding a violation of its competition law is in written form and sets out relevant findings of fact and the legal basis on which the decision is based subject to their respective laws and regulations.
4. Each Party shall ensure to make public the final decisions and any orders implementing them subject to its laws and regulations, excluding any business confidential information or other information that is protected by its laws and regulations from public disclosure.
Article 14.9. Consultgations
In order to foster understanding between the Parties, or to address specific matters that arise under this Chapter, on request of the other Party, a Party shall enter into consultations with the requesting Party. In its request, the requesting Party shall indicate, if relevant, how the matter affects trade or investment between the Parties. The Party addressed shall accord full and sympathetic consideration to the concerns of the requesting Party.
Article 14.10. Non-application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 15. COOPERATION
Article 15.1. Objectives
1. The Parties affirm the importance of economic and trade cooperation, as means to contribute to implementing this Agreement and enhancing its benefits.
2. The objectives of this Chapter are to facilitate the establishment of close cooperation aimed, inter alia, at:
(a) strengthening the capacities of the Parties to maximise the opportunities and benefits deriving from this Agreement;
(b) promoting economic and social development;
(c) increasing the level of and deepening cooperation actions between the Parties at the bilateral, regional or multilateral level;
(d) promoting the export of goods and services of the Parties to international markets; and
(e) creating new opportunities for trade and investment and promoting competitiveness and innovation through the involvement, where appropriate, of the private sector including the SMEs by, inter alia, facilitating the integration of SMEs into global value chains and encouraging SMEs to organise or participate in trade promotion events.
Article 15.2. Scope
1. The cooperation activities under this Chapter are related to trade in goods, trade in services, investment and other areas, as mutually agreed by the Parties.
2. Cooperation between the Parties under this Chapter will supplement the cooperation and cooperative activities between the Parties set out in other Chapters of this Agreement.
Article 15.3. Economic Cooperation
The Parties will encourage and facilitate economic and trade cooperation activities on a mutually agreed basis, which may include:
(a) dialogues, workshops, seminars and conferences;
(b) collaborative programmes and projects;
(c) technical cooperation;
(d) sharing of best practices on policies and procedures;
(e) the exchange of economic and trade information; and
(f) the organisation of trade fairs, missions and exhibitions.
Article 15.4. Small and Medium Enterprises
1. The Parties will promote a favourable environment for the development of SMEs as well as the exchange of experiences and good practices with SMEs.
2. Cooperation will be undertaken on a mutually agreed basis and may include the following subjects:
(a) the designing and development of mechanisms to encourage partnership and value chain development;
(b) development of human resources and management skills to increase the knowledge of each other’s market;
(c) developing methods and strategies for enhancing the growth and development among enterprises, especially SMEs, within a sector;
(d) increasing access to information regarding mandatory procedures and any other relevant information for SME exporters;
(e) designing programmes to improve the productivity of SMEs;
(f) developing initiatives oriented to transfer technological innovation to SMEs;
(g) increasing access to information on technological promotion programmes for SMEs and financial support and encouragement programmes for SMEs;
(h) supporting SME exporters in promoting exports to overseas markets; and
(i) encouraging partnership and information exchange for SME financing institutions.
3. Cooperation may be developed through:
(a) information exchange;
(b) conferences, seminars, dialogue and training programmes with experts;
(c) promoting contacts and encouraging exploration of industrial and technical opportunities between stakeholders; and
(d) trade promotion activities, including participation in trade fairs and missions.
Article 15.5. Contact Points
Each Party shall designate a contact point to facilitate communication between the Parties on any matter covered by this Chapter.
Article 15.6. Resources
The implementation of the cooperation activities under this Chapter shall be subject to the availability of funds and resources of each Party and the applicable laws and regulations of each Party.
Article 15.7. Non-application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 16. TRANSPARENCY AND ANTI-CORRUPTION
Section A. Transparency
Article 16.1. Definition
For the purposes of this Chapter:
administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct but does not include:
(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Article 16.2. Publication
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published, including through official websites where feasible, or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2.. To the extent possible, each Party shall:
(a) publish in advance any measure referred to in paragraph 1 that it proposes to adopt; and
(b) provide, where appropriate, interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
3. To the extent possible, when introducing or changing the laws, regulations or procedures referred to in paragraph 1, each Party shall endeavour to provide a reasonable period between the date when those laws, regulations or procedures, proposed or final in accordance with its laws and regulations, are made publicly available and the date when they enter into force.
Article 16.3. Notification and Provision of Information
1- To the extent possible, each Party shall notify the other Party of any proposed or actual laws, regulations, procedures or administrative rulings of general application that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the interests of the other Party under this Agreement.
2. On request of the other Party, a Party shall promptly provide information and respond to questions related to any proposed or actual measure referred to in paragraph 1 that the requesting Party considers might materially affect the operation of this Agreement or otherwise substantially affect its interests under this Agreement, regardless of whether the requesting Party has been previously notified of it.
3. A Party may give notification, convey any request or provide information under this Article to the other Party through its contact points designated under Article 17.6 (Contact Points) of Chapter 17 (Administrative and Institutional Provisions).
4. Without prejudice to paragraph 3, the information referred to under this Article related to laws, regulations, procedures or administrative rulings of general application shall be considered to have been notified or provided by a Party when the information has been made available by notification to the WTO in accordance with the WTO Agreement.
5. Any notification, response or information provided in accordance with this Article shall be without prejudice as to whether the measure referred to in paragraph 1 is consistent with this Agreement.
Article 16.4. Administrative Proceedings
With a view to administering in a consistent, impartial and reasonable manner the measures referred to in Article 16.2.1 with respect to any matter covered by this Agreement, each Party shall ensure, in its administrative proceedings applying these measures to a particular person, good or service of the other Party in specific cases that:
(a) whenever possible, a person of the other Party that is directly affected by a proceeding is provided with reasonable notice in accordance with domestic procedures, of when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in question;
(b) a person of the other Party that is directly affected by a proceeding is afforded a reasonable opportunity to present facts and arguments in support of the position of that person prior to any final administrative action, when time, the nature of the proceeding and the public interest permit; and
(c) the procedures are in accordance with its laws.
Article 16.5. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or proceduresm (1) for the purposes of the prompt review and, where warranted, correction of final administrative actions regarding matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures referred to in paragraph 1, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by the laws of the Party, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided for in its laws, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Section B. Anti-Corruption
Article 16.6. General Provisions
1. The scope of this Section is limited to measures to prevent and combat corruption with respect to any matter covered by this Agreement.
2. The Parties affirm their commitment to combat bribery and corruption in international trade and investment, recognising the harmful moral, social and political implications that arise and their negative impact on governance, institutions and sustainable economic development.
3. The Parties emphasise the importance of integrity in public and private sectors, through the promotion of transparency, accountability and responsible management of public assets. The Parties undertake to adopt appropriate measures within their respective laws and regulations to prevent, detect, combat and deter bribery and corruption in matters affecting international trade and investment.
Article 16.7. International Instruments
1. Each Party affirms its existing obligations under the United Nations Convention against Corruption, done at New York on October 31, 2003 (UNCAC). This Agreement shall not affect their existing rights and obligations under other international anti- corruption agreements.
2. The Parties recognise the importance to support APEC's anti-corruption principles, including the APEC Conduct Principles for Public Officials, done at Cairns on July 3, 2007, and the APEC Principles on the Prevention of Bribery and Enforcement of Anti- Bribery Laws, done at Beijing on November 6, 2014, as well as the need to promote awareness within their private sectors regarding available anti-corruption guidance, such as the APEC Anti-Corruption Code of Conduct for Business, Business Integrity and Transparency Principles for the Private Sector, done at Sydney on September 5, 2007, along with APEC General Elements of Effective Voluntary Corporate Compliance Programs, done at Beijing on November 6, 2014.
3. The Parties acknowledge the significance of regional and multilateral efforts to combat corruption and bribery in international trade and investment, including cooperation within the WTO, APEC, the United Nations and other relevant fora, with an emphasis on implementing relevant findings and recommendations.
Article 16.8. Non-application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Section.
Chapter 17. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Section A. Joint Commission
Article 17.1. Establishment of the Joint Commission
The Parties hereby establish the Hong Kong, China – Peru Joint Commission (Joint Commission) comprising representatives of each Party at the level of Ministers or senior officials. Each Party shall be responsible for the composition of its delegation.
Article 17.2. Functions of the Joint Commission
1. The Joint Commission shall:
(a) review and consider any matter relating to the application or implementation of this Agreement;
(b) recommend to the Parties, as appropriate, any proposal to amend this Agreement;
(c) consider issues referred to it by either Party or by any committee or working group established under this Agreement;
(d) supervise the work of any committee or working group established under this Agreement;
(e) consider any other matter that may affect the operation of this Agreement; and
(f) adopt the Rules of Procedure referred to in Article 18.12 (Rules of Procedure for Panels) of Chapter 18 (Dispute Settlement) and, where appropriate, amend those Rules.
2. The Joint Commission may:
(a) establish, merge or dissolve any committees and working groups, and refer matters for advice or assign tasks to any committee or working group;
(b) further the implementation of the objectives of this Agreement through implementing arrangements;
(c) consider and adopt, subject to completion of necessary internal legal procedures by each Party, modifications to this Agreement concerning the rules of origin set out in Annex 3-B (Product-Specific Rules of Origin) of Chapter 3 (Rules of Origin and Origin Procedures), proposed by the Trade in Goods Committee pursuant to Article 17.5.3(c);
(d) consider and adopt, subject to completion of necessary internal legal procedures by each Party, modifications to this Agreement concerning the acceleration of the reduction or elimination of a customs duty set out in their tariff schedules in Annex 2-B (Schedules of Tariff Commitments) of Chapter 2 (Trade in Goods), proposed by the Trade in Goods Committee pursuant to Article 17.5.3(d);
(e) seek to resolve any difference or dispute that may arise regarding the interpretation, implementation or application of this Agreement;
(f) seek the advice of non-governmental persons or groups on any matter falling within the Joint Commission’s functions;
(g) issue interpretations of this Agreement, which shall be binding on the panels referred to under Chapter 18 (Dispute Settlement);
(h) consider ways to further enhance trade and investment between the Parties; and
(i) carry out any other function, or take any other action, as the Parties may agree.
Article 17.3. Meetings of the Joint Commission
1. Unless the Parties otherwise agree, the Joint Commission shall hold its first meeting within two years of the date of entry into force of this Agreement. Its subsequent meetings shall be held every two years thereafter, or as otherwise mutually determined by the Parties. A Party may request at any time, through a notice in writing to the other Party, that a special meeting of the Joint Commission be held. Such a special meeting shall take place within 60 days of the date of receipt of the request, unless the Parties otherwise agree.
2. The meetings of the Joint Commission shall be held alternately in the Area of each Party or as otherwise mutually determined by the Parties, and shall be chaired by the hosting Party. The meetings may be held by any technological means as mutually determined by the Parties. The Party chairing a meeting of the Joint Commission shall provide any necessary administrative support for the meeting, and shall record any decision taken by the Joint Commission and provide copies of any such decision to the other Party.
3. The Joint Commission shall take decisions on any matter within its functions by agreement.
4. The Joint Commission may establish rules of procedures for the conduct of its work.
Article 17.4. General Review
The Joint Commission shall undertake a general review, including matters relating to the implementation or operation of this Agreement, within three years of the date of entry into force of this Agreement and every five years thereafter, or as otherwise mutually determined by the Parties.
Section B. Trade In Goods Committee
Article 17.5. Trade In Goods Committee
1. The Parties hereby establish the Trade in Goods Committee (TIG Committee), comprising government representatives of each Party.
2. The TIG Committee shall meet on agreement of the Parties or on request of the Joint Commission to consider any matter arising under Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin and Origin Procedures) and Chapter 4 (Customs Procedures and Trade Facilitation).
3. The functions of the TIG Committee shall include:
(a) reviewing the future amendments to the HS to ensure that the obligations of each Party under this Agreement are not altered, and consulting to resolve any conflicts between:
(i) subsequent amendments to HS nomenclature, amended as at January 1, 2022, and Annex 2-B (Schedules of Tariff Commitments) of Chapter 2 (Trade in Goods); or
(ii) Annex 2-B (Schedules of Tariff Commitments) of Chapter 2 (Trade in Goods) and the Party’s HS nomenclatures;
b) consulting on and seeking to resolve any difference between the Parties on tariff classification and, if the TIG Committee fails to resolve such difference, referring the matter to the Joint Commission for consideration;
(c) proposing modifications to Annex 3-B (Product-Specific Rules of Origin) of Chapter 3 (Rules of Origin and Origin Procedures), for consideration and adoption by the Joint Commission, on the basis of the World Customs Organization’s periodic transpositions of the HS; and
(d) proposing modifications concerning the acceleration of the reduction or elimination of a customs duty set out in the tariff schedules of the Parties in Annex 2-B (Schedules of Tariff Commitments) of Chapter 2 (Trade in Goods), for consideration and adoption by the Joint Commission.
Section C. Contact Points
Article 17.6. Contact Points
For the purpose of facilitating communication between the Parties on any matter covered by this Agreement, the following contact points are designated:
(a) for Hong Kong, China: the Trade and Industry Department, or its successor; and
(b) for Peru: the Ministry of Foreign Trade and Tourism (Ministerio de Comercio Exterior y Turismo - MINCETUR), or its successor.
Chapter 18. DISPUTE SETTLEMENT
Section A. Dispute Settlement
Article 18.1. Definitions
For the purposes of this Chapter:
complaining Party means a Party that requests the establishment of a panel under Article 18.7.1;
panel means a panel established under Article 18.7;