1. Further to Chapter 15 (Transparency), each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding regulations relating to the temporary entry of business persons.
2. Each Party shall, within a reasonable period of time after an application requesting temporary entry is considered complete under its domestic laws and regulations, inform the applicant, either directly or through their prospective employers, of the decision concerning the application, including the period of stay and other conditions. At the request of the applicant, the Party shall provide, without undue delay, information concerning the status of the application.
Chapter 13. ELECTRONIC COMMERCE
Article 13.1. GENERAL
1. The Parties recognize the economic growth and opportunities provided by electronic commerce and the importance of avoiding barriers to its use and development. To this end, a Party shall not:
(a) impose customs duties on electronic transmissions;
(b) impose unnecessary barriers on electronic transmission, including digital products; and
(c) impede the supply through electronic means of services which the Party has committed to under this Agreement, subject to any reservation set out herein.
2. For general certainty, nothing in this Chapter shall be construed to prevent a Party from imposing internal taxes or other internal charges on the domestic sale of digital products, provided that such taxes or charges are imposed in a manner consistent with this Agreement.
Article 13.2. PROTECTION FROM FRAUDULENT AND DECEPTIVE COMMERCIAL PRACTICES
The Parties recognize the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and deceptive commercial practices when they engage in electronic commerce.
Article 13.3. DEFINITIONS
For the purposes of this Chapter:
1. digital products means any computer programs, text, video, images, sound recordings and other products that are digitally encoded, regardless of whether they are fixed on a carrier medium or transmitted electronically, but does not include digitized representations of financial instruments, including money; and
2. electronic transmissions or transmitted electronically means the transfer of digital products using any electromagnetic or photonic means.
Chapter 14. COMPETITION POLICY
Article 14.1. PURPOSE
The purpose of this Chapter is to contribute to the fulfillment of the objectives of this Agreement through the promotion of fair competition and the curtailment of anti-competitive business conduct within the free trade area.
Article 14.2. COMPETITION LEGISLATION AND AUTHORITIES
1. Each Party shall adopt or maintain national competition laws that proscribe anti-competitive business conduct and promote economic efficiency and consumer welfare, and shall take appropriate action with respect to such conduct.
2. Each Party shall maintain one or more national authorities responsible for the enforcement of its competition laws. The enforcement policy of the Parties' national authorities shall be consistent with the principles of transparency, timeliness, non-discrimination and procedural fairness.
3. Each Party shall maintain its autonomy in developing and enforcing its competition laws.
Article 14.3. COOPERATION
1. The Parties recognize the importance of cooperation and coordination to further effective competition law and policy development in the free trade area and agree to cooperate on these matters in accordance with the provisions of this Chapter and subject to their respective domestic laws.
2. Both Parties will seek to enhance a better understanding, communication and cooperation between the national authorities responsible for the enforcement of their competition laws, in relation to the issues to which this Chapter refers.
Article 14.4. NOTIFICATIONS
1. Each Party shall notify the other Party of an enforcement activity regarding an anticompetitive business conduct if it considers that such enforcement activity may affect important interests of the other Party.
2. Notification shall take place at an early stage of the enforcement activity, provided that this is not contrary to the Parties' competition laws and does not affect any investigation being carried out, and shall indicate the entities involved and specify the particular goods or services and markets concerned.
Article 14.5. TRANSPARENCY AND INFORMATION REQUESTS
1. The Parties recognize the value of transparency of their national competition policies.
2. On request, each Party shall make available to the other Party public information concerning its competition law enforcement activities, provided that this is not contrary to the Parties' competition laws and does not affect any investigation being carried out.
3. On request, each Party shall make available to the other Party public information concerning exemptions provided under its competition laws. Such a request shall specify the particular goods and markets of interest, and indicate whether the exemption restricts trade or investment between the Parties.
Article 14.6. CONSULTATIONS
1. To foster understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, on request of the other Party, enter into consultations. In its request, the 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 other Party.
2. Any information or documents exchanged between the Parties in relation to any consultations conducted pursuant to this Chapter shall be kept confidential.
Article 14.7. DISPUTES
1. Nothing in this Chapter permits a Party to challenge any decision made by a national authority of the other Party in enforcing its applicable competition laws.
2. No Party shall have recourse to any dispute settlement procedures under this Agreement for any issue arising from or relating to this Chapter.
Chapter 15. TRANSPARENCY
Article 15.1. DEFINITIONS
For 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 its ambit and that establishes a norm of conduct but does not include:
(a) a determination or ruling made in an administrative proceeding that applies to a particular person, good, or service of another Party ina specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Article 15.2. CONTACT POINTS
1. Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement.
2. On the request of the other Party, the contact point shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party.
3. Any information, request or notification provided under this Chapter shall be provided to the other Party through the contact point, unless otherwise agreed by the Parties.
Article 15.3. PUBLICATION
Each Party shall ensure that its laws, regulations and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable the other Party and interested persons to become acquainted with them.
Article 15.4. NOTIFICATION AND PROVISION OF INFORMATION
1. To the maximum extent possible, each Party shall notify the other Party with an interest in the matter of any actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect that other Party's interests under this Agreement.
2. On request of the other Party, a Party shall promptly provide information to any actual measure, whether or not the other Party has been previously notified of that measure.
3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
Article 15.5. ADMINISTRATIVE PROCEEDINGS
With a view to administering in a consistent, impartial, and reasonable manner all measures referred to in Article 15.3 (Publication), each Party shall ensure, in its administrative proceedings applying such measures to particular persons, goods, or services of another Party in specific cases, that:
(a) wherever possible, persons of another Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a proceeding is initiated; such notice shall include 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 controversy;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
(c) its procedures are in accordance with domestic law.
Article 15.6. REVIEW AND APPEAL
1. Each Party shall establish or maintain judicial or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of final administrative actions (15-1) 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, 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 domestic law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decisions shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Chapter 16. ADMINISTRATION OF THE AGREEMENT
Article 16.1. THE FREE TRADE COMMISSION
1. The Parties hereby establish the Free Trade Commission, comprising the Minister of Foreign Trade and Tourism of Peru and the Minister for Trade and Industry of Singapore, or their designees.
2. The Commission shall:
(a) supervise the operation and implementation of this Agreement;
(b) oversee the further elaboration of this Agreement;
(c) seek to resolve disputes that may arise regarding the interpretation or application of this Agreement;
(d) supervise the work of all committees and working groups established under this Agreement;
(e) establish the amount of remuneration and expenses that will be paid to panelists; and
(f) consider any other matter that may affect the operation of this Agreement.
3. The Commission may:
(a) establish and delegate responsibilities to committees and working groups;
(b) consider and approve any amendment to this Agreement or modification to the commitments therein, subject to completion of the applicable legal procedures of each Party. In the case of specific rules of origin, the amendments will enter into force immediately after the approval of the Commission;
(c) issue interpretations of the provisions of this Agreement;
(d) seek the advice of non-governmental persons or groups; and
(e) take such other action in the exercise of its functions as the Parties may agree.
4. The Commission shall establish its rules and procedures.
5. The Commission shall convene within two (2) years of the entry into force of this Agreement, and subsequently as and when the Parties agree to be necessary. The first session of the Commission shall be held in a place to be mutually agreed by the Parties, and thereafter held alternately in the territory of each Party.
Article 16.2. FREE TRADE AGREEMENT COORDINATORS
1. Each Party shall appoint a free trade agreement coordinator.
2. The coordinators shall work jointly to develop agendas and make other preparations for Commission meetings, and shall follow up on Commission decisions, as appropriate.
Article 16.3. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS
1. Each Party shall:
(a) designate an office that shall provide administrative assistance to the panels established under Chapter 17 (Dispute Settlement); and
(b) notify the Commission of the location of its designated office.
2. Each Party shall be responsible for the operation and costs of its designated office.
Chapter 17. DISPUTE SETTLEMENT
Article 17.1. COOPERATION
The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation, consultations or other means to arrive at a mutually satisfactory resolution of any matter that might affect its operation.
Article 17.2. SCOPE OF APPLICATION
1. Except as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:
(a) a measure of the other Party is inconsistent with the obligations of this Agreement; or
(b) the other Party has failed to carry out its obligations under this Agreement;
2. The rules, procedures and time frames set out in this Chapter may be waived, varied or modified by mutual agreement.
Article 17.3. CHOICE OF FORUM
1. Where a dispute regarding any matter arises under this Agreement or under another free trade agreement to which both Parties are party, or the WTO Agreement, the complaining Party may select the forum in which to settle the dispute.
2. Once the complaining Party has requested either way the intervention of the Commission or a panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of the others in respect of that matter, unless both Parties otherwise agree.
Article 17.4. CONSULTATIONS
1. A Party may request in writing consultations with the other Party with respect to any matter referred to in Article 17.2 (Scope of Application).
2. The requesting Party shall deliver the request to the other Party (17-1), and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal and factual basis for the complaint.
3. The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through consultations under this Article or other consultative provisions of this Agreement. To this end, the consulting Parties shall:
(a) provide sufficient information to enable a full examination of how the matter at issue might affect the operation and application of this Agreement; and
(b) treat any confidential information exchanged in the course of consultations on the same basis as the Party providing the information.
4. In the consultations under this Article, any consulting Party may request to the other Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter which is the subject of the consultations.
5. Consultations may be held in person or by any technological means available to the Parties. In the event that the Parties decide to hold consultations in person, these shall be held in a place agreed by the Parties, or if there is no agreement, in the capital of the requested Party.
6. The consultation period shall not exceed forty-five (45) days from the date of receipt of the formal request to initiate consultations, unless both Parties agree to extend this period. On disputes concerning perishable goods, the consultation period shall not exceed twenty (20) days from the date of receipt of the formal request to initiate consultations, unless both Parties agree to extend this period.
Article 17.5. FREE TRADE COMMISSION
1. If the Parties cannot settle the dispute within the term established in Article 17.4 (Consultations), only the complaining Party may request in writing the intervention of the Commission.
2. The complaining Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Article 6.15 (Consultation and Dispute Settlement) or Article 7.11 (Country Coordinators on Technical Barriers to Trade).
3. The requesting Party shall deliver the request to the other Party, and shall set out in the request, the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal and factual basis for the complaint.
4. Unless it decides otherwise, the Commission shall convene within ten (10) days of delivery of the request and shall endeavour to resolve the dispute promptly. The Commission may:
(a) call on such technical advisors or create such working groups or expert groups as it deems necessary;
(b) have recourse to good offices, conciliation, mediation, or such other dispute resolution procedures; or
(c) make recommendations.
5. The Commission may meet in person or through any other technological means available to the Parties that will allow them to carry out this stage of the proceedings.
6. If the Commission does not settle the dispute:
(a) within twenty (20) days, counted from the date on which the Commission meeting is held according to paragraph 4; or
(b) within ten (10) days for perishable goods, counted from the date on which the Commission meeting is held according to paragraph 4;
any Party may request the establishment of a Panel.
Article 17.6. REQUEST FOR A PANEL
1. Upon expiry of the consultation period, or the period for intervention of the Commission, if such intervention has been requested, either Party may send a written request to the other Party for the establishment of a Panel to consider the matter. The request must include an identification of the measure or other matter subject to the claim and the provisions of this Agreement considered pertinent, as well as any other relevant circumstances.
2. A Panel shall be established upon delivery of a request. 3. Unless otherwise agreed by the disputing Parties, the Panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter.
Article 17.7. ROSTER
1. Within six (6) months of the date of entry into force of this Agreement, the Parties shall establish and subsequently maintain an indicative roster of up to ten (10) individuals, who are not nationals of the Parties and are willing and able to serve as panelists. The roster members shall be appointed by consensus between the Parties. The Parties may, by common agreement, change or include new panelists in the roster, whenever they consider it necessary.
2. The Parties may proceed to use the roster, even if it is incomplete, with the candidates already proposed and appointed by agreement under paragraph 1.
Article 17.8. QUALIFICATIONS OF PANELISTS
1. Panelists ahall:
(a) have expertise or experience in international trade law, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, impartiality, reliability, and sound judgment;
(c) be independent of and not be affiliated with or take instructions from, any Party; and
(d) comply with the Code of Conduct established by the Commission.
2. Individuals may not serve as panelists for a dispute in which they have participated pursuant to paragraph 4 of Article 17.4 (Consultations).
Article 17.9. PANEL SELECTION
1. The Parties shall apply the following procedures in selecting a Panel:
(a) The Panel shall comprise three (3) members.
(b) Each Party shall appoint a panelist within fifteen (15) days of the delivery of the request for the establishment of the Panel. If a Party does not appoint a panelist within this period, the panelist will be selected by lot by the Director- General of the WTO, within a maximum of fifteen (15) days, from among the members of the indicative roster.
(c) The Parties shall endeavour to agree on a third panelist who shall serve as the chairperson of the Panel within fifteen (15) days of the appointment of the second panelist. If the Parties cannot reach an agreement during this period, the two appointed panelists shall endeavour to unanimously select a third panelist to serve as chairperson within the following fifteen (15) days. If the panelists cannot agree, the chairperson shall be selected by lot by the Director-General of the WTO from among the members of the indicative roster, within a maximum of fifteen (15) days.
(d) For purposes of sub-paragraphs (b) and (c), in the event that the Director-General of the WTO is a national of either Party, the Deputy Director-General of the WTO or the officer next in seniority who is not a national of either Party shall be requested to make the necessary selections.
(e) Each Party shall endeavour to appoint panelists who have expertise or experience relevant to the subject matter of the dispute, as appropriate.
2. If a Party believes that a panelist is in violation of the Code of Conduct, both Parties shall consult and, if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Article 17.10. RULES OF PROCEDURE
1. The Commission shall establish Model Rules of Procedure, which shall ensure: