Law Nº 28583, “El Peruano” Official Gazette of July 22, 2005, Law of the Reactivation and Promotion of the National Merchant Marine (Ley de Reactivación y Promoción de la Marina Mercante Nacional), Articles 4.1, 6.1, 7.1, 7.2, 7.4 and 13.6
Law Nº 29475, Law that modifies Law Nº 28583, “El Peruano” Official Gazette of December 17, 2009, Law of the Reactivation and Promotion of the National Merchant Marine (Ley de Reactivación y Promoción de la Marina Mercante Nacional), Article 13.6 and Tenth Transitory and Final Provision
Law N° 30580, Law that modifies Law Nº 29475, Law of the Reactivation and Promotion of the National Merchant Marine, for Promoting Cabotage in Foreign Trade Operations (Ley de Reactivación y Promoción de la Marina Mercante Nacional, para Promover el Cabotaje en las Operaciones de Comercio Exterior), Articles 1 and 2
Supreme Decree Nº 028 DE/MGP, “El Peruano” Official Gazette of May 25, 2001, Regulation of the Law Nº 26620 (Reglamento de la Ley Nº 26620), Article I-010106, paragraph a)
Supreme Decree Nº 015-2014-DE, “El Peruano” Official Gazette of November 28, 2014. Supreme Decree that approves the Legislative Decree N° 1147, that regulates the strengthening of the Armed Forces in the faculties of the National Maritime Authority-General Directorate of Captaincies and Coast Guard, Article 517
Description: Establishment and Trade in Services
A “national ship owner” or “national ship enterprise” is understood as a natural person of Peruvian nationality or juridical person constituted in Peru, with its principal domicile and real and effective headquarters in Peru, whose business is to provide services in water transportation in national traffic or cabotage4 or international traffic and who is the owner or lessee under a financial lease or a bareboat charter, with an obligatory purchase option, of at least one Peruvian flag merchant vessel, and that has obtained the relevant Operating Permit from the General Aquatic Transport Directorate (Dirección de Transporte Acúatico).
At least 51 per cent of the subscribed and paid-in capital stock must be owned by Peruvian citizens.
The Chair of the Board of Directors, the majority of the directors, and the General Manager must be Peruvian nationals and residents in Peru.
The captain and crew of Peruvian-flagged vessels must be entirely Peruvian nationals authorised by the General Directorate of Captaincy and Coastguards (Dirección General de Capitanías y Guardacostas). In exceptional cases and after ascertaining that there is no Peruvian qualified personnel with experience in that type of vessel available, foreign nationals may be hired to a maximum of 15 per cent of the total crew, and for a limited period of time. The latter exception does not include the captain of the vessel.
Only a Peruvian national may be a licensed harbour pilot.
Cabotage is exclusively reserved to Peruvian-flagged merchant vessels owned by a national ship owner or national ship enterprise or leased under a financial lease or a bareboat charter, with an obligatory purchase option, except that:
(a) the transport of hydrocarbons in national waters is reserved up to 25 per cent for ships of the Peruvian Navy; and
(b) foreign-flagged vessels may be operated exclusively by national ship owners or national ship enterprises for a period of three years for water transportation exclusively between Peruvian ports or cabotage when such an entity does not own its own vessels or lease vessels under a financial leasing or bareboat charter with purchase obligation. This period may be renewed up to one year.
The national ship owner or national ship enterprise who signs a contract for the construction or repair of a vessel with a national shipyard may lease a foreign flag vessel for a period equivalent to the period of construction or reparation. That period may not exceed five years.
I-PERU-20
Sector: Transportation
Sub-Sector: Aquatic transportation
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Local Presence (Article 8.6)
Level of Government: Central
Measures:
Supreme Decree Nº 056-2000-MTC, “El Peruano” Official Gazette of December 31, 2000, Provides that aquatic transportation services and related services conducted in bays and port areas must be provided by authorised natural and juridical persons, with vessels and artifacts of national flag (Disponen que servicios de transporte marítimo y conexos realizados en bahías y áreas portuarias deberán ser prestados por personas naturales y jurídicas autorizadas, con embarcaciones y artefactos de bandera nacional), Article 1
Ministerial Resolution Nº 259-2003-MTC/02, “El Peruano” Official Gazette of April 4, 2003, Approve Regulation of Aquatic Transportation services and related services rendered in bay traffic and port areas (Aprueban Reglamento de los servicios de Transporte Acuático y Conexos Prestados en Tráfico de Bahía y Áreas Portuarias), Articles 5 and 7
Description: Establishment and Trade in Services
Water transport and related services supplied in bay and port areas must be supplied by natural persons domiciled in Peru, and juridical persons constituted and domiciled in Peru, properly authorised with Peruvian flag vessels and equipment, including:
(a) fuel replenishment services;
(b) mooring and unmooring services;
(c) diving services;
(d) victualing services;
(e) dredging services;
(f) harbour pilotage services;
(g) waste collection services;
(h) tug boat services; and
(i) transport of persons.
I-PERU-21
Sector: Transportation
Sub-Sector: Aquatic transportation
Obligations Concerned: National Treatment (Article 8.3) Local Presence (Article 8.6)
Level of Government: Central
Measures: Supreme Decree N° 006-2011-MTC, “El Peruano” Official Gazette of February 4, 2011, Supreme Decree that approves the Regulation of Tourist Water Transportation (Decreto Supremo que aprueba el Reglamento de Transporte Turístico Acuático), Article 1
Description: Trade in Services
The tourist water transport service will be provided by natural or juridical persons, domiciled and constituted in Peru. At the regional and national level, the tourist water transport service is reserved to be provided exclusively with owned or chartered Peruvian flagged ships or in the form of financial lease or a bareboat charter, with purchase option mandatory.
I-PERU-22
Sector: Transportation
Sub-Sector: Aquatic transportation
Obligations Concerned: National Treatment (Article 8.3)
Level of Government: Central
Measures: Law Nº 27866, “El Peruano” Official Gazette of November 16, 2002, Port Labour Law (Ley del Trabajo Portuario), Articles 3 and 7
Description: Trade in Services
Only Peruvian citizens may register in the Registry of Port Workers.
I-PERU-23
Sector: Transportation
Sub-Sector: Land transportation of passengers
Obligations Concerned: Local Presence (Article 8.6)
Level of Government: Central
Measures: Supreme Decree N° 017-2009-MTC, “El Peruano” Official Gazette of April 22, 2009, National Regulation of Transport Management (Reglamento Nacional de Administración de Transportes), Article 33, modified by Supreme Decree N° 006-2010-MTC of 22 January 2010
Description: Trade in Services
To supply land transport services, it is necessary to have adequate physical infrastructure, which includes, when appropriate: offices; bus terminals for persons or goods; route stations; bus stops; all other infrastructure used as a place for loading, unloading and storage of goods; maintenance workshops; and any other infrastructure necessary for the supply of the service.
I-PERU-24
Sector: Transportation
Sub-Sector: Land transportation
Obligations Concerned: National Treatment (Article 8.3)
Level of Government: Central
Measures: Agreement on International Land Transport (Acuerdo sobre Transporte Internacional Terrestre - ATIT), signed between the Governments of the Republic of Chile, the Republic of Argentina, the Republic of Bolivia, the Federal Republic of Brazil, the Republic of Paraguay, the Republic of Peru and the Oriental Republic of Uruguay, signed in Montevideo on January 1, 1990
Description: Trade in Services
Foreign vehicles allowed by Peru, in conformity with the ATIT (5), which carry out international transportation by road, are not able to supply local transport (cabotage) in the Peruvian territory.
I-PERU-25
Sector: Research and Development Services
Sub-Sector: Archaeological services
Obligations Concerned: National Treatment (Article 8.3)
Level of Government: Central
Measures: Supreme Decree Nº 003-2014-MC, “El Peruano” Official Gazette of October 3, 2014, Regulation of Archaeological Interventions (Reglamento de Intervenciones Arqueológicas), Article 30
Description:Trade in Services
Archaeological research programmes and projects headed by a foreign archaeologist, who does not reside in Peru, must have a Peruvian director.
Both directors shall be registered in the National Registry of Archaeologists and shall assume the same responsibilities in the formulation and the integral execution of the project (field and office work), and in the elaboration of the final report.
I-PERU-26
Sector: Services related to Energy Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3) Local Presence (Article 8.6)
Level of Government: Central
Measures: Law Nº 26221, “El Peruano” Official Gazette of August 19, 1993, General Law of Hydrocarbons (Ley General de Hidrocarburos), Article 15
Description: Trade in Services
In order to enter into an exploration contract in Peru, foreign natural persons must register in the Public Registry and provide a power of attorney to a Peruvian national resident in the capital of the Republic of Peru.
Foreign enterprises must establish a branch or constitute a society under the General Law of Corporations (Ley General de Sociedades), be domiciled in the capital of the Republic of Peru, and appoint a Peruvian national as an executive agent.
Annex II. SCHEDULE OF HONG KONG, CHINA (Reservations for Trade in Services) (1)
EXPLANATORY NOTES
1. This Schedule sets out, pursuant to Article 8.7.2 (Non-Conforming Measures) of Chapter 8 (Trade in Services), 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 8.3 (National Treatment) of Chapter 8 (Trade in Services);
(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); or
(d) Article 8.6 (Local Presence) of Chapter 8 (Trade in Services).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Industry Classification, where referenced, refers to the activity covered by the entry, according to:
(i) the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(ii) the Services Sectoral Classification List published by the WTO (WTO document MTN.GNS/W/120 of July 10, 1991); or
(iii) the Maritime Model Schedule appended as Appendix 2 to the WTO document JOB/SERV/137 of March 7, 2013,
where appropriate;
(c) 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), do not apply to the sectors, sub-sectors or activities covered by the entry; and
(d) Description sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry to which the reservation applies.
3. For the purposes of this Annex:
(a) “Mode 1” means the supply of a service from the Area of a Party into the Area of the other Party;
(b) “Mode 2” means the supply of a service in the Area of a Party to a person of the other Party;
(c) “Mode 3” means the supply of a service by a service supplier of a Party, through commercial presence in the Area of the other Party;
(d) “Mode 4” means the supply of a service by a natural person of a Party in the Area of the other Party; and
(e) “Trade in Services” means the supply of a service as defined in subparagraph (a), subparagraph (b), subparagraph (c) and subparagraph (d).
4. In accordance with Article 8.7.2 (Non-Conforming Measures) of Chapter 8 (Trade in Services), the obligations of this Agreement specified in the Obligations Concerned element of an entry do not apply to sectors, sub-sectors or activities set out in the Description element of that entry.
5. Where an inconsistency arises in relation to the interpretation of an entry, the Description element of the entry shall prevail to the extent of the inconsistency.
II-HKC-1 (Services)
Sector: All Sectors
Industry Classification:
Obligations Concerned: National Treatment (Article 8.3) Market Access (Article 8.5) Local Presence (Article 8.6)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to:
(a) public law correctionalservices; and enforcement, ambulance services, services, fire-fighting and rescue
(b) the following, to the extent that theyservices established for a public purpose: are social
(i) health;
(ii) education;
(iii) housing;
(iv) training;
(v) transport;
(vi) public utilities;
(vii) social security; and
(viii) social welfare.
II-HKC-2 (Services)
Sector: All Sectors
Industry Classification:
Obligations Concerned: National Treatment (Article 8.3) Market Access (Article 8.5) Local Presence (Article 8.6)
Description: Hong Kong, China reserves the right to adopt or maintain any measure affecting the presence of natural persons and supply of service through such presence, except as specified in its Schedule to Annex 10-A (Specific Commitments on Temporary Entry for Business Persons) of Chapter 10 (Temporary Entry for Business Persons).
II-HKC-3 (Services)
Sector: All Sectors
Industry Classification:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4)
Description: Hong Kong, China reserves the right to adopt or maintain any measure that accords differential treatment to non-parties under any bilateral or multilateral agreement or arrangement in force or signed prior to the date of entry into force of this Agreement.
For greater certainty, the above paragraph includes measures under any bilateral or multilateral agreement or arrangement that strengthens, expands or modifies an agreement or arrangement referred to in the above paragraph.
Hong Kong, China reserves the right to adopt or maintain any measure that accords differential treatment to non-parties under any bilateral or multilateral agreement or arrangement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters including salvage.