8: restrictions on imports and exports
1. Except as otherwise provided in this Treaty, no Party may adopt or maintain any non-tariff measure that prohibits or restricts the importation of any goods of the other party or on the exportation for sale or export of any good destined for the Territory of the other party, except as provided in article XI of GATT 1994 and its interpretative notes and to this end article XI of GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part of this Agreement mutatis mutandis.
2. The parties understand that the rights and obligations of GATT 1994 as incorporated by paragraph 1 prohibits, in any circumstances in which any other form of restriction is prohibited, that adopts or maintains a party:
(a) Requirements of export and import price, except as permitted in the enforcement of provisions and commitments anti-dumping and countervailing duties;
(b) Import licensing conditioned on the fulfilment of a performance requirement; or
(c) Voluntary export restraints inconsistent with article VI of the GATT 1994, implemented under article 18 of the WTO Agreement on Subsidies and Article 8.1 of the WTO Anti-Dumping Agreement.
3. Paragraphs 1 and 2 shall not apply to the measures set out in annex 2.2.
4. No party may require as a condition of the undertaking of importation or for the import of goods, a person of the other party to establish or maintain a contractual or other relationship with a distributor in its territory.
5. For the purposes of paragraph 4; supplier means a person of a Party that is responsible for the commercial distribution, agency, granting or representation in the territory of that Party; goods of the other party.
1. No party shall adopt or maintain a measure that is inconsistent with the Agreement on Import Licensing (hereinafter WTO Agreement on Import Licensing of WTO). To this end, the Agreement on Import Licensing of the WTO and its interpretative notes are incorporated into this Agreement and form an integral part of this Agreement mutatis mutandis.
2. Upon the Entry into Force of this Treaty, each Party shall notify the other party of any existing import licensing procedure.
3. Each Party shall notify the other party of any new import licensing procedure and any modification to its existing import licensing procedures, within sixty (60) days prior to its entry into force. A notification provided under this article:
(a) It shall include the information specified in Article 5 of the Agreement on Import Licensing of the WTO; and
(b) It shall not prejudice as to whether the import licensing procedure is consistent with this Treaty.
4. No party may apply an import licensing procedure to a good of the other party without providing a notification pursuant to paragraph 2 or 3, as appropriate.
5. With the obj etivo seek greater transparency in the reciprocal trade, the party to establish licensing procedures for exports shall notify the other party in a timely manner.
1. Each Party shall ensure, in accordance with article VIII of GATT 1994 and its interpretative notes that all fees and charges of whatever character (other than Customs duties, charges equivalent to an internal tax or other internal charges applied in accordance with Article III.2 of GATT 1994 and the anti-dumping and countervailing duties) imposed on the importation or exportation or under the same, are limited to the approximate cost of services rendered and do not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes. For this purpose, article VIII of the GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part of this Agreement mutatis mutandis.
2. No Party shall require consular transactions, including related fees and charges in connection with the importation of any goods of the other party.
3. Each Party shall make available through the Internet and maintain a current list of the fees or charges in connection with importation or exportation.
211:. Export Taxes
Except as provided in annex 2.11, no party shall adopt or maintain a tax, tax or other charge on the export of any goods to the territory of the other party.
Section E. Other Measures Article 2
12: State trading enterprises
1. The rights and obligations of the Parties with respect to State trading enterprises shall be governed by article XVI of the GATT 1994 and its interpretative notes and the Understanding on the interpretation of Article XVII of the GATT 1994, which are incorporated into and form an integral part of this Agreement mutatis mutandis.
1. The WTO Customs Valuation Agreement and any successor Agreement shall govern the customs valuation rules applied by the parties in their reciprocal trade. For this purpose, the WTO Customs Valuation Agreement and any successor Agreement are incorporated into and form an integral part of this Agreement mutatis mutandis.
2. The customs legislation of each Party shall comply with article VII of GATT 1994 and the Agreement on customs valuation of the WTO.
Section F. Agriculture
214:. Scope and Coverage
This section applies to measures adopted or maintained by a Party relating to the trade of agricultural goods.
1. The Parties the share of multilateral obj etivo the elimination of export subsidies for agricultural goods and shall work together with a view to an agreement in the WTO to eliminate those subsidies and prevent their reintroduction in any form.
2. No Party may adopt or maintain any export subsidy on any good agricultural destined for the Territory of the other party.
3. If a Party considers that the other party has failed to fulfil its obligations under this Treaty, maintain, introduce or reintroduce any export subsidy, the Party may request consultations with the other party according to chapter 15
(Settlement of Disputes), with the aim of taking measures to counter the effect of such export subsidies and achieving a mutually satisfactory solution.
Section G. Institutional Provisions Article 2
16: Committee on Trade in Goods
1. The parties establish a Committee on Trade in Goods (hereinafter referred to as the Committee), comprising representatives of each party.
2. Meetings of the Committee and any ad hoc working group shall be chaired by representatives of the Ministry of Foreign Trade and Tourism of Peru and the Ministry of Economy of Guatemala, or their successors.
3. The functions of the Committee shall include:
(a) Monitor the implementation and administration of this chapter;
(b) Report to the Commission on the implementation and administration of this chapter, where appropriate;
(c) Promoting trade in goods between the parties including through consultations on accelerating tariff elimination under this Agreement and other issues as appropriate;
(d) Addressing barriers to trade in goods between the parties, in particular those related to the application of non-tariff measures and, if appropriate, submit such matters to the Commission for its consideration;
(e) The Commission to provide advice and recommendations on technical assistance needs in matters relating to this chapter;
(f) Reviewing conversion in the Harmonized System nomenclature of the 2007 and its subsequent revisions to ensure that the obligations of each Party under this treaty are not altered, consult and to resolve any conflicts between:
(i) The Harmonized System 2007 or subsequent nomenclatures and to annex 2.3; and
(ii) Annex 2.3 nomenclatures and national;
(g) Consultation and make the best efforts to resolve any difference that may arise among the parties on matters related to the classification of goods under the Harmonized System;
(h) Establish ad hoc working groups with specific mandates; and
(i) Address any other matter related to this chapter.
4. Unless the parties agree otherwise, the Committee shall meet at least one (1) year, on a date and with an agenda agreed by the parties. The parties determine cases where it may make extraordinary meetings.
5. Meetings may be conducted by any means agreed by the parties. If they are witnessing, alternately in the territory of each party and shall be based on the Party hosting the meeting. The first meeting of the Committee shall be carried out no later than one (1) year after the date of Entry into Force of this Treaty.
6. Unless the parties agree otherwise, the Standing Committee shall establish its rules of procedure.
7. All decisions of the Committee shall be taken by mutual agreement.
8. The parties establish the Ad Hoc Working Group on Trade in agricultural goods, which will bring to the Committee. In order to discuss any matter relating to market access for agricultural goods, this group shall meet at the request of a party, no later than thirty (30) days after the submission of the request.
Section H. Definitions
217:. Definitions
For the purposes of this chapter consumed means:
(a) Actually consumed; or
(b) Processed or manufactured so as to result in a substantial change in value, form or use of the good or good in the production of another;
Duty-free means free of customs duty;
Export licence means an administrative procedure requiring the submission of an application or other documentation (other than that generally required for customs clearance purposes) to the relevant administrative body as a prior condition for exportation to the territory of the exporting Party;
Import licensing means an administrative procedure requiring the submission of an application or other documentation (other than that generally required for customs clearance purposes) to the administrative authority
Relevant, as a prior condition for importation into the territory of the importing Party;
Printed materials advertising means those goods classified in chapter 49 of the Harmonized System including brochures, pamphlets, leaflets, catalogues, Trade Yearbooks published by business associations, tourist and posters, promotional materials used to promote, publicize or advertise a good or service with the intention to advertise a good or service, and that are distributed free of charge;
Goods temporarily admitted for sports purposes means sports equipment for use in sporting events or training in the territory of the Party in which are admitted;
Agricultural goods means those goods referred to in article 2 of the WTO Agreement on Agriculture;
Commercial samples of negligible value means commercial samples valued, individually or in the aggregate sent in no more than one United States dollar (US $1) or the equivalent amount in the currency of the other party or that are marked, broken, perforated or treated so that the disqualifying for sale or for any use that is not the samples;
Goods intended for display or their component includes demonstration, ancillary apparatus and accessories;
Goods produced from recycled mean goods entirely goods that arrived at the end of its useful life and have undergone a production process resulting in a new goods;
Advertising films and video recordings means the media or audio recordings, materials consisting essentially of images and / or sound showing the nature or operation of goods or services offered for sale or lease or established by a person resident in the territory of a Party provided that such materials are suitable for exhibition to prospective customers but not for broadcast to the general public;
Performance requirement means a requirement to:
(a) Export to a given level or percentage of goods or services;
(b) Replace imported goods to goods or services of the party granting the waiver of customs duties or an import license;
(c) Where a person benefiting from a waiver of customs duties or an import license other purchase goods or services in the territory of the party granting the waiver of customs duties or the import license or accord preference to a domésticamente goods produced;
(d) Where a person benefiting from a waiver of customs duties or an import license produce goods or services in the territory of the party granting the waiver of customs duties or the import license, with a given level or percentage of domestic content; or
(e) In any way relate to the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows;
But does not include a requirement that an imported goods is:
(f) Subsequently exported;
(g) As a material used in the production of another good that is subsequently exported;
(h) Substituted by an identical or similar used as a good material in the production of another good that is subsequently exported; or
(i) Substituted by an identical or similar good that is subsequently exported;
Export subsidies shall have the meaning assigned to that term in article 1 (e) of the WTO Agreement on Agriculture, including any amendment of that article; and
Consular transactions means requirements of a Party that goods intended for export to the territory of the other party, be submitted to the supervision of the Consul of the importing Party in the territory of the exporting Party for the purpose of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, export declarations of cargo manifests, or any other customs documentation required on or in connection with importation.
"National Treatment import and export restrictions
Section A. Measures of Guatemala
Notwithstanding articles 2.2 and 2.8 of this chapter, Guatemala may continue to apply:
(a) Controls on the export of logs, in accordance with the law, Decree no. 101-96 congressional and amendments thereto;
(b) Controls on the export of coffee, in accordance with the law of coffee, Decree no. Congressional Decree No. 19-69 and its amendments. the Head of State and 114-63 Decree law no. 111-85 the Head of State;
(c) Controls deciduos fruits, in accordance with the cooperation of law at the national, Congressional Decree fruit decidua no.15-2007 and amendments thereto;
(d) Controls on the importation of arms, in accordance with the law of arms and ammunition; Decree no. 15-2009 congressional and amendments thereto; and
(e) Actions authorized by the Dispute Settlement Body of the WTO.
Section B. Measures of Peru
Articles 2.2 and 2.8 shall not apply to:
(a) The measures taken by Peru, including its continued renovation or amendments relating to the importation of:
(i) Clothing and footwear used in accordance with Law No 28514 of 12 May 2005 and any amendments thereto;
(ii) Used vehicles and engines and parts of used vehicles, spare parts pursuant to Legislative Decree No. 843 of 29 August 1996, the Emergency Ordinance No. 079-2000 of 19 September 2000, the Emergency Ordinance no 050-2008 of 18 December 2008 and any amendments thereto;
(iii) Used tyres in accordance with the Supreme Decree No 003-97-sa of 6 June 1997 and any amendments thereto; and
(IV) used goods, machinery and equipment that use radioactive sources of energy in accordance with Law No. 27757 of 29 May 2002 and all amendments.
(b) Actions authorized by the Dispute Settlement Body of the WTO.
Guatemala may maintain its existing taxes on the export of the following goods:
Coffee, in accordance with the law of coffee, Decree no. Congressional Decree No. 19-69 and its amendments.the Head of State and 114-63 Decree law no. 111-85 the Head of State;
Chapter 3. Rules of Origin and Origin Procedures Section a : Rules of Origin
31:. Goods Originating
Unless otherwise specified in this chapter, a product originates
Where:
(a) It is wholly obtained or produced entirely in the territory of one or both of the Parties as defined in Article 3.2;
(b) It is produced in the territory of one or both parties using non-originating materials that conform to a change in tariff classification, the regional value content or other specific rules of origin set out in annex 3; or
(c) It is produced in the territory of one or both parties exclusively from originating materials;
Other and fulfil the requirements of this chapter.
32:.
"Goods wholly obtained or produced entirely
For the purposes of article 3.1 (a), the following goods shall be considered as wholly obtained or entirely produced:
(a) Plants and plant products harvested or gathered in the territory of a party;
(b) Live animals born and raised in the territory of one or both of the Parties;
(c) Goods obtained from live animals raised in the territory of a party;
(d) Goods obtained from hunting, fishing or hunting aquaculture with traps, in the territory of a party;
(e) Fish, crustaceans and other marine species obtained from the sea or seabed outside the territory of a party by a vessel registered in a Party and flying its flag;
(f) Factory produced goods on board ships registered with a party or recorded and flying its flag exclusively from goods referred to in subparagraph (e);
(g) Minerals and other natural resources extracted inanimate, soil, water or marine seabed, subsoil in the territory of a party;
(h) Goods other than fish, crustaceans and other marine species live, extracted or taken by a party or marine waters, seabed subsoil outside its territory, provided that that party has rights to exploit such seabed, subsoil or marine waters;
(i) Waste and scrap derived from:
(i) Manufacturing operations conducted in the territory of one or both parties; or
(ii) Used goods collected in the territory of one or both of the Parties;
Provided that such waste or scrap serve only for the recovery of raw materials; and
(j) Goods produced in one or both parties exclusively from products specified in subparagraphs (a) to (i).
33:. The Regional Value Content
1. The regional value content (hereinafter VCR) of a good shall be calculated on the basis of the following method:
FOB - vmn
X VCR = 100
FOB
Where:
VCR: is the regional value content, expressed as a percentage;
: is the FOB value of the good free on board in accordance with article 3.35; and
Vmn: is the value of non-originating materials.
2. The value of the non-originating materials shall be:
(a) The CIF value at the time of importation of the material; or
(b) The first ascertainable price paid or payable for the non-originating materials in the territory of the Party where the process or processing. When the producer of a good non-originating materials within that party acquires the value of such materials shall not include freight and insurance costs, packing and all other costs incurred in transporting the material from the supplier to the place where the producer is located.
3. The values referred to above shall be determined in accordance with the agreement on customs valuation of the WTO.
34:. Minimal Operations or Processes
1. Operations or processes, individually or in combination with each other, do not confer origin goods are the following:
(a) Operations to ensure the preservation of goods in good condition during transport and storage;
(b) Group or splitting of packages;
(c) Packaging operations, or desempaque reempaque for retail sale; or
(d) Slaughter of animals.
2. The provisions of this article shall prevail over the specific rules of origin set out in annex 3.
35:. Intermediate Material
Where an intermediate material is used in the production of a good shall not be taken into account the non-originating materials contained in that intermediate material for the purpose of determining the origin of the goods.
36:. Cumulation
1. The goods or materials originating in the territory of a Party incorporated into a good in the territory of the other party shall be considered as originating in the territory of that other party.
2. A good originating shall be considered when it is produced in the territory of one or both parties by one or more producers, provided that the good complies with the requirements established in article 3.1 and all other applicable requirements of this chapter.