Notices and other documents in disputes under section B, shall be assisted by delivery to:
(a) Guatemala:
Department of Foreign Trade Administration 8 Ministry of Economy. AV 10-43 area 1, Guatemala; and
(b) Peru shall:
The General Directorate of International Economic Affairs, competence and private investment
Ministry of Economy and Finance Lampa # 277 floor Jirón Lima, Peru, 1 5
Or their successors.
"written submissions from Parties not contending
1. The application for leave to file written submissions from a Party not litigant must be made within the period set by the Tribunal and shall:
(a) Done in writing, be dated and signed by the applicant, and include the address and other contact details of the applicant;
(b) Having a length not exceeding five (5) pages;
(c) Describe the applicant, including where appropriate, its membership and legal status (for example, company, trade association or other non-governmental organization), its general objectives, the nature of its activities and any parent organization (including any organization that directly or indirectly controls the applicant);
(d) Disclose whether the applicant has any membership, directly or indirectly, to any opposing side;
(e) To identify any government, person or organization that has provided financial assistance or any other during the preparation of the submission;
(f) Specify the nature of the interest that the applicant has in the arbitration;
(g) To identify the specific issues of fact or law in the arbitration that the applicant has addressed in its written submission;
(h) Submitted in the language of the arbitration.
2. The written submission of a Party not litigant must:
(a) Submitted within the time limit set by the Tribunal;
(b) Be dated and signed by the applicant;
(c) Be concise and in no case shall exceed 20 pages, including annexes and appendices;
(d) Duly substantiated its position; and
(e) Only refer to the items listed in its request pursuant to subparagraph 1 (g).
Chapter 13. Cross-border Trade In Services
1. This chapter applies to measures adopted or maintained by a Party affecting cross-border trade in services by service suppliers of the other party. Such measures include measures affecting:
(a) The production, distribution, sale and delivery of a service;
(b) The purchase or use of, or the payment by a service;
(c) Access to and use of distribution and transportation systems, or telecommunications networks and services in connection with the supply of a service;
(d) The presence in its territory of a service supplier of the other party; and
(e) The provision of a bond or other form of financial security as a condition for the provision of a service.
2. For the purposes of this chapter, measures adopted or maintained by a Party means measures adopted or maintained by:
(a) Governments, central or regional or local authorities; and
(b) Non-governmental bodies in the exercise of powers delegated by central or regional governments or local authorities.
3. This chapter does not apply to:
(a) Air Services 1 including domestic and international air transportation, scheduled and non-scheduled and related services in support of air services except:
(i) Maintenance and repair of aircraft services while the aircraft is outside service;
(ii) The selling and marketing of air transport services; and
(iii) Services computer reservation system (CRS);
For greater certainty 1; the term services includes air traffic rights.
(b) Government procurement; and
(c) Subsidies or grants provided by a party, including loans and guarantees government-supported insurance.
4. Articles 13.2, 13.5, 13.9 and 13.10 shall apply to measures by a party affecting the supply of a service in its territory by a covered investment. 2
5. This chapter does not impose any obligation on a Party with respect to a national of the other party who wish to enter the labour market or who is permanently employed in its territory, or confer any right on that with respect to national or that access to employment or apply measures regarding nationality or residence on a permanent basis.
6. Nothing in this chapter shall be construed to impose any obligation on a Party regarding its immigration measures.
7. This chapter does not apply to services supplied in the exercise of governmental authority. A service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers.
8. This chapter does not apply to measures affecting the supply of Financial Services 3 as defined in paragraph 5 (a) of the Annex on Financial Services of the GATS.
132:. Subsidies
Notwithstanding article 13.1.3(c), if the results of the negotiations related to Article XV.1 of the WTO GATS enter into force for each of the Parties this article shall be reviewed together, as appropriate, with a view to determining whether this article should be amended to bring those results are incorporated into this Treaty. The parties agree on such negotiations to coordinate as appropriate.
133:. National Treatment
Each Party shall accord to service suppliers of the other party treatment no less favourable than that accorded in like circumstances to service providers.
1 For greater certainty, the term air services includes traffic rights.
2 The Parties understand that nothing in this chapter, including this paragraph is subject to section B (dispute settlement inversionista-estado) of Chapter 12 (investment).
3 for greater certainty, the supply of Financial Services shall mean the supply of services as defined in GATS article I.2 of the WTO.
134:. Most Favoured Nation Treatment
Each Party shall accord to service suppliers of the other party treatment no less favourable than that accorded to service providers in like circumstances of a non-party country.
135:. Market Access
No Party may adopt or maintain, on the basis of a regional subdivision or on the entire territory, measures that:
(a) Impose limitations on:
(i) The number of service suppliers whether in the form of numerical quotas, monopolies and exclusive service suppliers or the requirement of an economic needs test;
(ii) The total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
(iii) The total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; 4
(IV) The total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for the supply of a specific service and directly related to it, in the form of numerical quotas or the requirement of an economic needs test; or
(b) Restrict or prescribe specific types of legal entity or joint venture through which a service supplier may supply a service.
136:. Local Presence
No party may require a service provider of the other party to establish or
Subparagraph 4 (iii) does not cover measures of a party which limit inputs for the supply of services.
Maintain a representative office or other form of undertaking, or who resides in its territory as a condition for the cross-border supply of a service.
1. Articles 13.3, 13.4, 13.5 and 13.6 do not apply to:
(a) Any Non-Conforming Measure existing Non-Conforming Measure that is maintained by a party at:
(i) The central level of Government as set out by that party in its schedule to annex I;
(ii) A regional level of Government as set out by that party in its schedule to annex I; or
(iii) A local level of government;
(b) The continuation or prompt renewal of any Non-Conforming Measure referred to in subparagraph (a); or
(c) The modification of any Non-Conforming Measure referred to in subparagraph (a), provided that the amendment does not decrease the conformity of the measure as currently in force immediately before the amendment with articles 13.3, 13.4, 13.5 or 13.6.
2. Articles 13.3, 13.4, 13.5 and 13.6 do not apply to any measure that adopts or maintains a Party with respect to the sectors or sub-sectors or activities as set out in annex II to its schedule.
1. In the event that a party to undertake an amendment or modification any existing Non-Conforming Measure set out in its schedule to Annex I in accordance with article 13.7.1 (c), the Party shall notify the other party as soon as possible on such amendment or modification.
2. In the event that any party adopts a measure after the Entry into Force of this Treaty, with respect to the sectors or sub-sectors or activities set out in its schedule in annex II, the Party shall, as far as possible, notify the other party of such measure.
5 The Parties understand that nothing in this article shall be subject to the dispute settlement procedure established in Chapter 15 (dispute settlement).
139:.
"transparency in the development and implementation of regulations 6
Further to Chapter 16 (transparency):
(a) Each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding its regulations relating to the subject matter of this Chapter 7;
(b) When taking final regulations relating to the subject matter of this chapter Each Party shall respond in writing to the extent possible, including on request, substantive comments received from interested persons with respect to the proposed Regulations; and
(c) To the extent possible, each Party shall provide a reasonable time between final publication of regulations and the date of entry into force.
1. The Parties shall ensure that all measures of general application to which this Chapter applies are administered in a reasonable, objective and impartial manner. This obligation shall not apply to measures covered by Annex I to nor measures covered by Annex II of each party.
2. Where a party requires authorization for the supply of a service, the competent authorities of that Party in a reasonable period of time after the submission of an application is considered complete under its domestic laws and regulations, shall inform the applicant of the decision concerning the application. At the request of the applicant the competent authorities of the party without undue delay shall provide information concerning the status of the application. This obligation shall not apply to authorization requirements that are covered by article 13.7.2.
3. With the objective of ensuring that measures relating to licensing requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, each Party shall seek to ensure, as appropriate for each individual sector, that such measures:
(a) Is based on objective and transparent criteria, such as the competence and ability to supply the service;
(b) Not more burdensome than necessary to ensure the quality of the Service and 6; 7
For greater certainty, includes 6 regulations establishing the regulations applicable or licensing or authorization criteria.
7 The implementation of the obligation to establish appropriate mechanisms for small administrative agencies, may need to take into account the budgetary constraints and resources.
(c) In the case of licensing procedures, not in themselves a restriction on the supply of the service.
4. The parties recognize their mutual obligations relating to domestic regulation in the WTO GATS Article VI.4 and affirm their commitment to the development of any necessary disciplines pursuant to article VI.
4. To the extent that any such disciplines is adopted by WTO members, the Parties shall jointly review, as appropriate, with a view to determining whether this article should be amended so that they are incorporated in this Treaty.
1. For the purposes of the fulfilment in whole or in part of its standards or criteria for the licensing or service suppliers of certification or licensing and subject to the requirements of paragraph 4, a Party may recognize the education or experience obtained, requirements met or licenses or certifications granted in a particular country. Such recognition which may be achieved through harmonization or otherwise, may be based on an agreement or arrangement with the country concerned or may be accorded autonomously.
2. When a party, recognize autonomously or by agreement or arrangement, the education or experience obtained requirements met or licenses or certifications granted in the territory of a country that is not a party, nothing in article 13.4 shall be construed to require the party to accord such recognition to the education or experience obtained, requirements met or licenses or certifications granted in the territory of the other party.
3. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1, existing or future, shall afford adequate opportunity to the other party, if the other party is concerned, to negotiate its accession to such an agreement or arrangement to negotiate or comparable agreements. Where a Party grants recognition autonomously, the other party will afford an adequate opportunity to demonstrate that the education or experience obtained licenses or certifications or requirements met in that other party territory should be recognized.
4. No party shall accord recognition in a manner which would constitute a means of discrimination between countries in the application of its standards or criteria for the licensing or certification or licensing of service suppliers, or a disguised restriction on trade in services.
5. The Parties shall, as far as possible, encourage the relevant professional bodies in its territory to consider the use of standards and criteria of Annex 13.11 discussions potential for an agreement or arrangement referred to in paragraph 1.
1. Each Party shall permit all transfers and payments relating to the cross-border supply of services to be made freely and without delay into and out of its territory.
2. Each Party shall permit all transfers and payments relating to the cross-border supply of services to be made in a free movement of currency at the rate of exchange prevailing on the date of transfer.
3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay the completion of the transfer or payment through the equitable and non-discriminatory and in good faith to its domestic law relating to:
(a) Bankruptcy or insolvency or the protection of the rights of creditors;
(b) Issuance, trade or operation of securities and futures, options or derivatives;
(c) Financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;
(d) Criminal or penal offences; or
(e) Ensuring compliance with judgments or orders in judicial or administrative proceedings.
1313:. Denial of Benefits
Subject to prior notification in accordance with Article 16.3 (Supply
Or
(information and consultations), a Party may deny the benefits of this chapter to:
(a) A service supplier of the other party if the service supplier is an enterprise owned or controlled by persons of a non- party and the enterprise has no substantial business activities in the territory of the other party; or
(b) A service supplier of the other party if the service supplier is an enterprise owned or controlled by persons of denying the party and the enterprise has no substantial business activities in the territory of the other party. 8 The term consultations under this article shall not apply to consultations under article 15.4 (consultations).
1314:. Implementation
The Parties shall consult annually, or otherwise agreed, to review the implementation of this Chapter other trade in services and consider issues of mutual interest.
1315:. Definitions
For the purposes of this chapter:
Cross-border trade in services or cross-border supply of services
Means the supply of a service:
(a) The territory of a party into the territory of the other party;
(b) In the territory of a party by a person of that party to a person of the other party; or
(c) By a national of a Party in the territory of the other party;
But does not include the supply of a service in the territory of a party by a covered an investor or investment of the other party as defined in article 12 (definitions);
Enterprise means an enterprise as defined in article 5 (definitions of general application), and a branch of an enterprise;
Existing means in effect on the date of Entry into Force of this Treaty;
Service supplier of a Party means a person of that Party that seeks to supply a service or supplies; 9
Maintenance and repair of aircraft services means activities undertaken on an aircraft or a part thereof while the aircraft is outside service and do not include so-called line maintenance;
Services computer reservation system (CRS) means services provided by computerised systems that contain information about air carriers' schedules, availability, fares and rules of establishments in fares and which can be made through reservations or tickets may be issued;
9 The Parties understand that for purposes of articles 13.3 and 13.4, 13.5; service supplier has the same meaning as services and service suppliers as used in articles II the XVI and XVII of GATS WTO respectively.
Professional services means services that require 10 for higher education or equivalent training or experience and which is granted or restricted by a party but does not include services provided by persons engaged in a profession or crew members of merchant ships and aircraft; and
Selling and marketing of air transport services means opportunities for the air carrier concerned freely its market to sell and air transport services, and all aspects of marketing such as market research, advertising and distribution, but do not include the pricing of Air Transport Services nor the applicable conditions.
10 for greater certainty shall mean higher education as set by the national legislation of the Parties.
Development of standards of professional services
1. Each Party shall encourage the relevant bodies in their respective territories to develop mutually acceptable standards and criteria for licensing and certification of professional services suppliers and to provide recommendations to the Commission on their mutual recognition.
2. The standards and criteria referred to in paragraph 1 may be developed with regard to the following matters:
(a) - Accreditation of Education schools or academic programs;
(b) - Examinations qualifying examinations for licensing, including alternative methods of assessment such as oral examinations and interviews;
(c) Experience - length and nature of experience required for licensing;
(d) Conduct and ethics - Standards of Professional Conduct and the nature of disciplinary action in case of violation of those standards;
(e) Professional development and renewal of certification: continuing education and the corresponding requirements to maintain professional certification;
(f) Scope of action: scope or limitations on permissible activities; and
(g) Local knowledge: knowledge of requirements for such matters as the laws, regulations, language, geography or the local climate.
3. On receipt of a recommendation referred to in paragraph 1, the Commission shall review within a reasonable time to determine whether it is consistent with this Treaty. Based on the Commission review each Party shall encourage its respective competent authorities to implement the recommendation, where appropriate, within a mutually agreed time frame.
Temporary licensing
4. For individual professional services mutually agreed Each Party shall encourage the relevant bodies in its territory to develop procedures for the temporary licensing of professional service suppliers of the other party.
Working groups on Professional Services
5. The Parties may, by mutual agreement, may set up working groups on professional services, including representatives of relevant professional bodies of each Party, to facilitate the activities listed in paragraphs 1 and 4.
6. The working groups may consider, for individual professional services, the following matters:
(a) Develop workable standards on procedures for the licensing and certification of professional services suppliers; and
(b) Other matters of mutual interest relating to the supply of professional services.