Obligations Concerned:
Level of Government:
Measures:
Description:
Transport Aquatic Transport
National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)
Central
Decreto Supremo N° 056-2000-MTC, Diario Oficial âEl Peruanoâ del 31 de diciembre de 2000, Disponen que servicios de transporte maritimo y conexos realizados en bahias y areas portuarias deberan ser prestados por personas naturales y Juridicas autorizadas, con embarcaciones y artefactos de bandera nacional, articulo 1.
Resolucion Ministerial N° 259-2003-MTC/02, Diario Oficial âEl Peruanoâ del 4 de abril de 2003, Aprueban Reglamento de los Servicios de Transporte Acuatico y Conexos Prestados en Trafico de Bahia y Areas Portuarias, articulos 5 y 7.
Investment and Cross-Border Trade in Services
The following water transport and related services supplied in bay and port areas must be supplied by natural persons domiciled in Perm, and juridical persons constituted and domiciled in Peru, properly authorized with Peruvian flag vessels and equipment:
(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.
22. Sector:
Obligations Concerned:
Level of Government:
Measures:
Description:
Transport Aquatic Transport
Local Presence (Article 11.6)
Central
Resolucion Suprema N° 011-78-TC-DS del 6 de febrero de 1978, Reglamento de Empresas de Transporte Turistico.
Cross-Border Trade in Services Only natural persons domiciled in Peru or juridical persons
constituted and domiciled in Peru may provide tourist water transportation services.
23. Sector:
Obligations Concerned:
Level of Government:
Measures:
Description:
Transport Aquatic Transport
National Treatment (Article 11.3)
Central
Ley N° 27866, Diario Oficial âEl Peruanoâ del 16 de noviembre de 2002, Ley del Trabajo Portuario, articulos 3 y 7.
Cross-Border Trade in Services
Only Peruvian citizens may register in the Registry of Port Workers.
Port worker is a natural person who, subject to a port employer, performs specific services that conducts to tasks related to port work such as: stevedore, âtarjadorâ, âwincheroâ, âgrueroâ, âportaloneroâ, âlevantador de costado de naveâ, among others that are established in each port according to the regulations of the current law.
24. Sector
Obligations Concerned:
Level of Government:
Measures:
Description:
Transport: Land Transport of Passengers
Local Presence (Article 11.6)
Central
Decreto Supremo N° 009-2004-MTC, Diario Oficial âEl Peruanoâ del 27 de febrero de 2004, Reglamento Nacional de Administracion de Transportes, articulos 47 y 48.
Cross-Border Trade in Services
A supplier of land transport services in Peru must certify in writing that it maintains ground terminals, route stations, stops, and administrative offices in the territory of Peru, according to the corresponding transport services.
The transport enterprise must have its own installations, or those of third parties, properly maintained for the management of the enterprise, which will constitute its legal domicile, where the competent authority can conduct the inspections and verifications it deems necessary.
25. Sector
Obligations Concerned:
Level of Government:
Measures:
Description:
Transport: Land transport
National Treatment (Article 11.3)
Central
The âAcuerdo sobre Transporte Internacional Terrestreâ, signed between the Governments of la Republica de Chile, la Republica de Argentina, la Republica de Bolivia, la Republica Federativa de Brasil, la Republica del Paraguay, la Republica del Pert y la Republica Oriental del Uruguay - ATIT, signed in Montevideo January 1, 1990.
Cross-Border Trade in Services Foreign vehicles allowed by Peru, in conformity with the ATIT,
which carry out international transportation by road, will not be able to provide local transport (cabotage) in the Peruvian territory.
26. Sector
Obligations Concerned:
Level of Government:
Measures:
Description:
Research and Development Services Archaeological Research Services
National Treatment (Article 11.3)
Central
Resolucion Suprema No. 004-2000-ED, Diario Oficial "El Peruano" del 25 de enero de 2000, Reglamento de Investigaciones Arqueologicas, articulo 30.
Cross-Border Trade in Services
Archaeological research projects headed by foreign archaeologists must employ a Peruvian archaeologist with accredited experience registered in the National Registry of Archaeologists as scientific co-director or sub-director of the project. The co-director or sub- director shall participate in the integral execution of the project (field and office work).
27. Sector
Obligations Concerned:
Level of Government:
Measures:
Description:
Services Related to Energy Services
National Treatment (Article 11.3) Local Presence (Article 11.6)
Central
Ley N° 26221, Diario Oficial âEl Peruanoâ del 19 de agosto de 1993, Ley General de Hidrocarburos, articulo 15.
Cross-Border 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 Ley General de Sociedades, be domiciled in the capital of the Republic of Peru, and appoint a Peruvian national as an executive agent.
Annex 11C. SINGAPORE 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 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.
4. The reservations and commitments related to cross-border trade in services shall be read together with the relevant guidelines, stated in GATT documents MTN.GNS/W/164 dated 3 September 1993 and MTN.GNS/W/164 Add.1 dated 30 November 1993.
5. Each entry ina Partyâs Schedule sets out the following elements:
(a) (b)
(c)
(d)
()
Sector refers to the sector in which the entry is made;
Industry Classification refers, where applicable, to the activity covered by the non-conforming measure, according to the CPC codes as used in the UN CPC Code;
Obligations Concerned specifies the obligation(s) referred to in paragraph 2;
Measures identify laws, regulations, rules, procedures, requirements, practices or any other form for which the reservation is made. A measure cited in the Measures element:
(i) means the measure as amended, continued, or renewed as of the date of entry into force of this Agreement; and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
Description, sets out the non-conforming measure to which the reservation applies.
6. For Peru, where an inconsistency arises in relation to the interpretation of a reservation, the measures element of the reservation shall prevail to the extent of the
inconsistency.
1. Sector
Industry classification
Obligations Concerned
Measures
Description
All
National Treatment (Article 10.3, Article 11.3) Market Access (Article 11.5)
Insurance Act, Cap. 142, MAS Notice 149
Banking Act, Cap. 19, MAS Notice 757
Finance Companies Act, Cap. 108, MAS Notice 816
Monetary Authority of Singapore Act, Cap. 186, MAS Notice 1105 Securities Industry Act, Act 15 of 1986, MAS Notice 1201 Securities and Futures Act 2001, Cap 289 Section 101, SFA 04-N04
Cross-Border Trade in Services and Investment
Financial institutions extending Singapore dollar (S$) credit facilities exceeding S$5 million per entity to non-resident financial entities or arranging S$ equity or bond issues for non-residents, shall ensure that where the S$ proceeds are to be used outside Singapore, they are swapped or converted into foreign currency upon draw-down or before remittance abroad.
Financial institutions shall not extend S$ credit facilities to non- resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation.
The term ânon-residentâ is as defined in MAS Notice 757 issued under the Banking Act.
2. Sector
Industry Classification
Obligations Concerned
Measures
Description
All
National Treatment (Article 10.3)
This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of PSA Corporation.
Investment
The aggregate of foreign shareholdings in PSA Corporation and/or its successor body shall be subject to a forty-nine percent (49%) limit.
The âaggregate of foreign shareholdingsâ is defined as the total number of shares owned by:
(i) any individual who is not a Singapore citizen;
(ii) any corporation which is not more than fifty percent (50%) owned by Singapore citizens or by the Singapore Government; and/or (iii) any other enterprise which is not owned or controlled by the Singapore Government.
3. Sector
Industry Classification
Obligations Concerned
Measures
Description
All
Market Access (Article 11.5) National Treatment (Article 10.3; Article 11.3)
This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of the relevant enterprises below.