(c) drawn steel products;
(d) chewing gum, bubble gum, dental chewing gum or any like substance (not being a medicinal product within the meaning of the Medicines Act (Cap. 176) or a substance in respect of which an order under section 54 of that Act has been made);
(e) cigarettes; and
(f) matches.
The restrictions are not aimed at, but may result in inconsistencies with Articles on National Treatment, Most-Favoured-Nation Treatment and Performance Requirements
A company intending to manufacture any of the above products in Singapore shall write in to the Registrar of Manufacturers for approval.
11D. PERU CROSS-BORDER TRADE IN SERVICES AND INVESTMENT RESERVATIONS FOR FUTURE MEASURES
HEADNOTE
1. 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 for sectors, sub- sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with 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).
2. The sectors, sub-sectors or activities to which a reservation applies shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.
3. 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.
4. Each entry ina Partyâs Schedule sets out the following elements: (a) Sector refers to the sector in which the entry is made; (b) Industry Classification refers, where applicable, to the activity covered by the non-conforming measure, according to the CPC codes as used in
the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No.77, Department of
(c)
(d)
()
International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
Obligations Concerned specifies the obligation(s) referred to in paragraph 1;
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.
1. Sector All Sectors Obligations Concerned Most-Favoured-Nation Treatment (Article 10.4; Article 11.4)
Description Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries under 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 under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation; (b) fisheries; or
c maritime matters,''ââ' including salvage. gs 8
Dl For greater certainty, maritime matters include transport by lakes and rivers.
2. Sector
Obligations Concerned
Description
Indigenous Communities, Peasant, Native, and Minority Affairs
National Treatment (Article 10.3, Article 11.3) Most-Favoured-Nation Treatment (Article 10.4; Article 11.4) Local Presence (Article 11.6)
Performance Requirements (Article 10.7)
Senior Management and Board of Directors (Article 10.13)
Investment and Cross-Border 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 purposes of this entry: ethnic groups means indigenous, native and peasant communities.
3. Sector
Obligations Concerned
Description
Fishing and Services Related to Fishing
National Treatment (Articles 10.3, Article 11.3) Most Favoured Nation Treatment (Article 10.4, Article 11.4) Performance Requirements (Article 10.7)
Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure relating to artisanal fishing.
4. Sector:
Obligations Concerned:
Description:
Cultural Industries
Most-Favoured-Nation Treatment (Article 10.4; Article 11.4)
Investment and Cross-Border Trade in Services
For purposes of this entry, the term 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 theater arts!!.
(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, Article 10.3 (National Treatment) and Article 10.4 (Most-Favoured-Nation Treatment) and Chapter 11 (Cross-Border Trade in Services) do not apply to government support for the promotion of cultural industries.
â1D? Theater arts means live performances or presentations such as drama, dance, or music.
5. Sector:
Obligations Concerned:
Description:
Handicraft Industries
National Treatment (Article 11.3) Performance Requirements (Article 10.7)
Investment and Cross-Border 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 WTO Agreement on Trade-Related Investment Measures.
6. Sector:
Obligations Concerned:
Description:
Audio-Visual Industry
National Treatment (Article 11.3) Performance Requirements (Article 10.7)
Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure whereby a specified percentage (up to twenty percent (20%)) 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.
7. Sectors:
Obligations Concerned:
Description:
Jewelry Design Theater Arts Visual Arts Music Publishing
National Treatment (Article 11.3) Performance Requirements (Article 10.7)
Investment and Cross-Border 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 jewelry design, theater arts, visual arts, music, and publishing on the recipient achieving a given level or percentage of domestic creative content.
8. Sector:
Obligations Concerned:
Description:
Audio-Visual Industry Publishing Music
National Treatment (Article 10.3; Article 11.3) Most-Favoured-Nation Treatment (Article 10.4; Article 11.4)
Investment and Cross-Border 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 audiovisual, publishing, and music sectors.
9. Sector
Obligations Concerned
Description
Social Services
National Treatment (Article 10.3, Article 11.3) Most-Favoured-Nation Treatment (Article 10.4, Article 11.4) Local Presence (Article 11.6)
Performance Requirements (Article 10.7)
Senior Management and Board of Directors (Article 10.13)
Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for a public purpose: income security and insurance, social security, social welfare, public education, public training, health, and childcare.
10. Sector: Obligations Concerned:
Description:
Public Supply of Potable Water Local Presence (Article 11.6) Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to the public supply of potable water.
11. Sector: Obligations Concerned:
Description:
Public Sewage Services Local Presence (Article 11.6) Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to public sewage services.
12. Sector:
Obligations Concerned:
Description:
Telecommunications
Most-Favoured-Nation Treatment (Article 11.4) Local Presence (Article 11.6)
Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to the granting of a concession for the installation, operation, and exploitation of public telecommunication services.
13. Sector:
Obligations Concerned:
Description:
Education
National Treatment (Article 11.3) Most-Favoured-Nation Treatment (Article 11.4) Local Presence (Article 11.6)
Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure relating to natural persons who render educational services, including teachers and auxiliary personnel rendering educational services in basic and superior education including âeducacién técnico productivaâ as well as other people who render services related to education included sponsors of educational institutions of any level or stage of the educational system.
14. Sector: Obligations Concerned:
Description:
Transport: Road Transport Services National Treatment (Article 11.3) Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that authorizes only Peruvian natural or juridical persons to supply land transportation of persons or merchandises inside the territory of Peru (cabotage). For this, the enterprises shall use the Peruvian automobile park.
15. Sector:
Obligations Concerned:
Description:
Transport: International Road Transport Services
National Treatment (Article 10.3, Article 11.3) Most-Favoured-Nation Treatment (Article 10.4, Article 11.4)
Local Presence (Article 11.6)
Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure relating to the international land transportation of cargo or passengers in the bordering zones.
Additionally, Peru reserves the right to adopt or maintain the following limitations for the supply of international land transportation from Peru:
1. the service supplier must be a Peruvian natural or juridical person;
2. must have a real and effective domicile in Peru; and
3. in the case of juridical persons, it must be legally constituted in Peru, more than fifty percent (50%) of the capital must be owned by Peruvian citizens and the effective control must be under Peruvian citizens.
16. Sector: Obligations Concerned:
Description:
All Sectors Market Access (Article 11.5) Cross- Border Trade in Services
Peru reserves the right to adopt or maintain any measure relating to Article 11.5 (Market Access), except for the following sectors and sub-sectors subject to the limitations and conditions listed below: