(a) a right to at least one hearing before the Panel;
(b) an opportunity for each Party to provide initial and rebuttal written submissions; and
(c) the protection of confidential information.
2. Unless the Parties otherwise agree, the Panel shall conduct its proceedings in accordance with the Model Rules of Procedure.
3. The Commission may modify the Model Rules of Procedure. 4. Unless the Parties otherwise agree within twenty (20) days from the date of the delivery of the request for the establishment of the Panel, the Terms of Reference shall be:
"To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the panel request and to make findings, determinations and recommendations, as provided in Article 17.12 (Initial Report)."
5. If a Party wishes the Panel to make findings as to the degree of adverse trade effects on either Party of any measure found not to conform with the obligations of the Agreement, the terms of reference shall so indicate.
6. The location of the proceedings of the Panel shall be decided by mutual agreement of the Parties, failing which, it shall alternate between the capitals of the Parties in alphabetical order.
Article 17.11. ROLE OF EXPERTS
1. On request of a Party, or on its own initiative, unless both Parties disapprove it, the Panel may seek information and technical advice from any person or body that it deems appropriate. The requirements established in Article 17.8 (Qualifications of Panelists) shall also be applicable to the selection of experts, as appropriate.
2. Before the Panel may request information or technical advice, appropriate procedures must be established in consultation with the Parties. The Panel shall provide the Parties with:
(a) prior notification and time to make observations before the Panel regarding requests for information and technical advice pursuant to paragraph 1; and
(b) a copy of any information or technical advice submitted in answer to a request made pursuant to paragraph 1, and the time to submit comments.
3. When the Panel takes into consideration such information or technical advice in the preparation of its report, it shall also take into account any comments or observations submitted by the Parties on the information or technical advice.
Article 17.12. INITIAL REPORT
1. Unless the Parties otherwise agree, the Panel shall base its report on the relevant provisions of the Agreement, the submissions and arguments of the Parties, and on any information before it pursuant to Article 17.11 (Role of Experts).
2. Unless the Parties otherwise agree, the Panel shall, within one hundred and twenty (120) days, and within eighty (80) days in the case of perishable goods, after the last panelist is selected, present to the Parties an initial report containing:
(a) findings of fact, including any findings pursuant to a request under Article 17.10.5 (Rules of Procedure), together with reasons;
(b) its determination as to whether the measure at issue is inconsistent with this Agreement or any _ other determination requested in the terms of reference; and
(c) its recommendations, if any, for resolution of the dispute.
3. A Party may submit written comments to the Panel on its initial report within fourteen (14) days of presentation of the report or within such other period as the Parties may agree. A copy of the comments submitted shall be provided to the other Party.
4. After considering any such written comments on the initial report, the Panel, on its own initiative or on the request of either Party, may request or receive the views of a Party, reconsider its report, and make any further examination it considers appropriate.
Article 17.13. FINAL REPORT
1. The Panel shall present a final report to the Parties, containing the elements listed in Article 17.12.2 (Initial Report), and including any separate opinions on matters not unanimously agreed, within forty-five (45) days of presentation of the initial report, unless the Parties otherwise agree.
2. The Parties shall release the final report to the public within fifteen (15) days thereafter, subject to the protection of confidential information.
3. Findings, determinations and recommendations of a Panel shall not add to or diminish the rights and obligations of the Parties under this Agreement.
Article 17.14. REQUEST FOR CLARIFICATION OF THE FINAL REPORT
1. Within ten (10) days of the presentation of the final report by the Panel, either Party may submit a written request to the Panel for clarification of its final report. Any clarification by the Panel shall not affect its findings, determinations and recommendations.
2. The Panel shall respond to the request within no more than twenty (20) days, counted from the presentation of the request. The request for clarification will not postpone the deadline for compliance with the
adopted decision, unless the Panel decides otherwise or if the circumstances so require.
Article 17.15. SUSPENSION AND TERMINATION OF PROCEEDINGS
1. The Parties may agree to suspend the work of the Panel at any time for a period not exceeding twelve (12) months from the date of such agreement. In any event, if the work of the Panel has been suspended for more than twelve (12) months, the authority for establishment of the Panel shall lapse unless the Parties agree otherwise. If the authority of the Panel has lapsed and the Parties have not reached an agreement on the settlement of the dispute, nothing in this provision shall prevent a Party from instituting new proceedings relating to the same matter.
2. The Parties may agree to terminate the proceedings before a Panel at any time by jointly notifying the chairperson of the Panel to this effect.
Article 17.16. IMPLEMENTATION OF THE REPORT
1. On receipt of the final report of the Panel, the Parties shall agree on the resolution of the dispute, which shall normally comply with the determinations and recommendations, if any, of the Panel.
2. If the Panel determines that a Party has not conformed to its obligations under this Agreement, the resolution, whenever possible, shall be to eliminate the non-conformity, unless otherwise agreed by the Parties.
3. Nothing in this Article shall prevent the Parties from, at any time, agreeing to resolve the dispute in a manner that departs from any findings, determinations or recommendations of the panel.
Article 17.17. NON-IMPLEMENTATIONâSUSPENSION OF BENEFITS
1. If a Panel has made a determination of the type described in Article 17.13 (Final Report) and the Parties are unable to reach agreement on a resolution pursuant to Article 17.16 (Implementation of the Report) within thirty (30) days of receiving the final report, or such other period as the disputing Parties agree, the Party complained against shall enter into negotiations with the complaining Party with a view to developing mutually acceptable compensation. This compensation shall be paid from the moment the Parties agree to it until the Party complained against complies, unless otherwise agreed by the Parties.
2. If the disputing Parties:
(a) are unable to agree on compensation within thirty (30) days after the period for developing such compensation has begun, or
(b) have agreed on compensation or on a resolution pursuant to Article 17.16 (Implementation of the Report), and the complaining Party considers that the other Party has failed to observe the terms of the agreement,
the complaining Party may at any time thereafter provide written notice to the Party complained against that it intends to suspend the application, to that Party, of benefits of equivalent effect. The notice shall specify the level of benefits that the Party proposes to suspend (17-2). The complaining Party may begin suspending benefits thirty (30) days after the date on which it provides written notice under this paragraph, or seven (7) days after the Panel issues its determination under paragraph 3, as the case may be.
3. If the Party complained against considers that:
(a) the level of benefits proposed to be suspended is manifestly excessive; or,
(b) it has eliminated the non-conformity that the Panel has found,
it may, within thirty (30) days after the complaining Party provides notice under paragraph 2, request that the original Panel be reconvened to consider the matter. The Party complained against shall deliver its request in writing to the complaining Party. The Panel shall reconvene as soon as possible after delivery of the request and shall present its determination to the disputing Parties within sixty (60) days after it reconvenes. Where the original Panel cannot hear the matter for any reason, a new Panel shall be appointed pursuant to the procedures set out in Article 17.9 (Panel Selection). If the Panel determines that the level of benefits proposed to be suspended is manifestly excessive, it shall determine the level of benefits it considers to be of equivalent effect.
4. The complaining Party may suspend benefits up to the level the Panel has determined under paragraph 3 or, if the Panel has not determined the level, the level the complaining Party has proposed to suspend under paragraph 2, unless the Panel has determined that the Party complained against has eliminated the non-conformity.
5. If the Panel decides that the Party complained against has eliminated the non-conformity, the complaining Party shall promptly reinstate any benefits such Party has suspended under paragraph 3.
6. In considering what benefits to suspend pursuant to paragraph 2:
(a) a complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the Panel has found to be inconsistent with the obligations of this Agreement; and
(b) a complaining Party that considers it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors.
7. The suspension of benefits shall be temporary and shall only be applied until such time as:
(a) the Party eliminates the non-conformity that the Panel has found; or
(b) a mutually satisfactory solution is reached.
Article 17.18. COMPLIANCE REVIEW
1. In those cases where suspension of benefits have been applied, and the Party complained against considers that:
(a) has eliminated the non-conformity that the Panel has found; or
(b) has complied with any mutually satisfactory solution reached; or
(c) the level of benefits suspended is manifestly excessive
it may refer the matter to the Panel by providing written notice to the complaining Party. The Panel shall issue its report on the matter within thirty (30) days, and within fifteen (15) days in the case of perishable goods, after the Party complained against provides notice.
2. If the Panel decides that the Party complained against has eliminated the non-conformity, the complaining Party shall promptly reinstate any benefits suspended under Article 17.17 (Non- Implementation - Suspension of Benefits).
3. If the Panel determines that the level of benefits suspended by the complaining Party is manifestly excessive, it shall determine the level of benefits that it considers to be of equivalent effect, with which the complaining Party shall comply.
Article 17.19. FIVE-YEAR REVIEW
The Commission shall review the operation and effectiveness of Articles 17.16 (Implementation of the Report) and 17.17 (Non- Implementation - Suspension of Benefits) every five (5) years, unless otherwise agreed by the Parties.
Chapter 18. EXCEPTIONS
Article 18.1. GENERAL EXCEPTIONS
1. For purposes of Chapters 2 through 7, Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.
2. For purposes of Chapter 10 (Investment), Chapter 11 (Cross- Border Trade in Services), Chapter 12 (Temporary Entry for Business Persons) and Chapter 13 (Electronic Commerce) (18-1), Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal, or plant life or health.
Article 18.2. ESSENTIAL SECURITY
Nothing in this Agreement shall be construed:
(a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or
(b) to preclude a Party from applying measures that it considers necessary for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.
Article 18.3. TAXATION
1. Except as set out in this Article, nothing in this Agreement shall apply to taxation measures.
2. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax convention. In the event of any inconsistency between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency. In the case of a tax convention between the Parties, the competent authorities under that convention shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that convention.
3. Articles 10.10 (Expropriation and Nationalisation) and 10.17 (Investor-State Dispute Settlement) shall apply to taxation measures to the extent that such a taxation measure constitute expropriation as provided for therein (18-2). An investor that seeks to invoke Article 10.10 (Expropriation and Nationalisation) with respect to a taxation measure must first refer to the competent authorities described in paragraph 4, at the time that it gives notice under Article 10.17 (Investor-State Dispute Settlement), the issue of whether that taxation measure involves an expropriation. If the competent authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six (6) months of such referral, the investor may submit its claim to arbitration under Article 10.17 (Investor- State Dispute Settlement).
4. For the purposes of this Article, competent authorities means:
(a) for Singapore, Chief Tax Policy Officer, Ministry of Finance, or his successor or such other public officer as may be designated by Singapore; and
(b) for Peru, Ministerio de Economia y Finanzas, or his successor or such other public officer as may be designated by Peru.
Article 18.4. DISCLOSURE OF INFORMATION
Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.
Article 18.5. DEFINITIONS
For purposes of this Chapter:
1. tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement; and
2. taxation measures do not include: (a) customs duties; or
(b) the measures listed in sub-paragraphs (b) and (c) of paragraph 5 of Article 2.2 (Definitions).
Chapter 19. FINAL PROVISIONS
Article 19.1. ANNEXES, APPENDICES, AND FOOTNOTES
The Annexes, Appendices, and Footnotes to this Agreement constitute an integral part of this Agreement.
Article 19.2. AMENDMENTS
1. The Parties may agree in writing on any amendment of this Agreement.
2. Such amendment shall enter into force and constitute an integral part of this Agreement on the date on which the Parties have exchanged notes confirming the completion of their respective applicable legal procedures.
Article 19.3. AMENDMENT OF THE WTO AGREEMENT
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall modify the same provisions of this Agreement, unless otherwise agreed by the Parties.
Article 19.4. RELATION TO OTHER AGREEMENTS
In case of any inconsistency between this Agreement and any other agreement to which both Parties are parties, the Parties shall consult with each other with a view to finding a mutually satisfactory solution in accordance with public international law.
Article 19.5. ENTRY INTO FORCE
This Agreement shall enter into force on the date on which the Parties have exchanged notes confirming the completion of their respective applicable legal procedures for its entry into force.
Article 19.6. ACCESSION
1. Any country or group of countries may accede to this Agreement subject to such terms and conditions as may be agreed between such country or countries and the Parties and following approval in accordance with the applicable legal procedures of each country.
2. This Agreement shall not apply as between any Party and any acceding country or group of countries if, at the time of the accession, either Party does not consent to such accession.
Article 19.7. DENUNCIATION
Either Party may denounce this Agreement by written notification to the other Party and such denunciation shall take effect six months after the date of the notification.
Article 19.8. AUTHENTIC TEXTS
The English and Spanish texts of this Agreement are equally authentic. In the event of any divergence between the texts, the English text shall prevail.
Conclusion
IN WITNESS WHEREOPF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at Lima, in English and Spanish, this 29th day of May, 2008.
FOR THE GOVERNMENT OF THE REPUBLIC OF PERU
MERCEDES ARAOZ
Minister of Foreign Trade and Tourism
FOR THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE
LIM HNG KIANG
Minister for Trade and Industry
Attachments
Annex 11A. PROFESSIONAL SERVICES
Development Of Professional Services Standards
1. Each Party shall encourage the relevant bodies in its respective territory to develop mutually acceptable standards and criteria for licensing and certification of professional services suppliers, as well as for the mutual recognition of professional degrees.
2. The standards and criteria referred to in paragraph 1 may be developed with regard to the following matters:
(a) education – accreditation of schools or academic programs;
(b) examinations – qualifying examinations for licensing, including alternative methods of assessment such as oralexaminations and interviews;
(c) experience – length and nature of experience required forlicensing;
(d) conduct and ethics – standards of professional conduct andthe nature of disciplinary action for nonconformity withthose standards;
(e) professional development and recertification – continuing education and ongoing requirements to maintain professional certification;
(f) scope of practice – extent of, or limitations on, permissible activities;
(g) local knowledge – requirements for knowledge of such matters as local laws, regulations, language, geography, or climate; and
(h) consumer protection – including alternatives to residency requirements, such as bonding, professional liability insurance, and client restitution funds, to provide for the protection of consumers.
3. On receipt of a recommendation referred to in paragraph 1, the Commission shall review the recommendation within a reasonable time to determine whether it is consistent with this Agreement. Based on the Commission’s review, each Party shall encourage its respective competent authorities, where appropriate, to implement the recommendation within a mutually agreed time.
Temporary Licensing
4. For mutually agreed individual professional services, each Party shall encourage the relevant bodies in its territory to develop procedures for the temporary licensing of professional service suppliers of the other Parties.
Revision
5. The Commission shall review the implementation of this Annex at least once every two (2) years. The Commission will take into account in its revision the different views on regulation that exists between the Parties. Among other issues, one Party could formulate matters related with the elaboration of international rules of pertinent international organizations related to professional services (11A-1).
Annex 11B. PERU CROSS-BORDER TRADE IN SERVICES AND INVESTMENT RESERVATIONS FOR EXISTING MEASURES AND LIBERALISATION COMMITMENTS
HEADNOTE
1. Where appropriate, non-conforming measures are referenced to the Provisional Central Product Classification (âCPCâ) as set out 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) (âthe UN CPC Codeâ) and on the basis of the Services Sectoral Classification List WTO document MTN.GNS/w/120.
2. This Annex sets out, pursuant to Article 10.14 (Non-Conforming Measures) of Chapter 10 (Investment) and Article 11.7 (Non-Conforming Measures) of Chapter 11 (Cross-Border Trade in Services), the reservations taken by a Party with respect to measures that do not conform to some or all of the obligations imposed by:
(a) Article 10.3 (National Treatment) of Chapter 10 (Investment) or Article 11.3 (National Treatment) of Chapter 11 (Cross-Border Trade in Services);
(b) Article 10.4 (Most-Favoured-Nation Treatment) of Chapter 10 (Investment) or Article 11.4 (Most-Favoured-Nation Treatment) of Chapter 11 (Cross-Border Trade in Services);
(c) Article 11.5 (Market Access) of Chapter 11 (Cross-Border Trade in Services);
(d) Article 11.6 (Local Presence) of Chapter 11 (Cross-Border Trade in Services);
(e) Article 10.7 (Performance Requirements) of Chapter 10 (Investment); or
() Article 10.13 (Senior Management and Board of Directors) of Chapter 10 (Investment).
3. All measures affecting Article 10.3 (National Treatment), Article 10.4 (Most- Favoured-Nation Treatment), Article 10.7 (Performance Requirements) and Article 10.13 (Senior Management and Board of Directors) of Chapter 10 (Investment), and Article 11.3 (National Treatment), Article 11.4 (Most-Favoured-Nation Treatment), Article 11.5 (Market Access) and Article 11.6 (Local Presence) of Chapter 11 (Cross- Border Trade in Services), shall be stated in the description. In the interpretation of a reservation, all elements of the reservations shall be considered in their totality.