(d) Other matters of mutual interest.
3. In serious cases involving substantial damage to the economy, public health, public security or other essential interests of one of the Parties, the competent authority of the other Party shall provide the information described in paragraph 1 without delay and on its own initiative.
4. Upon request, the requested authority shall provide information in accordance with their national legislation, on the operations in the import arrangements have been made in the customs territory of the goods exported from the territory of the requesting authority, which shall be required, the procedure for the clearance of goods.
5. Furthermore, at the request of a party and within the limits of their available resources, the requested authority shall provide information, in accordance with its domestic law relating to:
(a) Persons that the requesting authority ascertains that have committed or are involved in the commission of an offence;
(b) Goods destined for the customs territory of the requesting authority, refer in transit or for deposit for transit after such territory; or
(c) The means of transport allegedly used in the commission of offences in the territory of the requesting authority.
54:. Verification
1. Upon request, the requested authority shall send the Administration requesting information on:
(a) The authenticity of documents produced in support of the customs declaration made to the requesting authority;
(b) Whether goods exported from the territory of the Party of the requesting authority have been lawfully imported into the territory of the Party of the requested authority; and
(c) Whether goods imported into the territory of the Party of the requesting authority have been lawfully exported from the territory of the Party of the requested authority.
2. The requested authority shall provide information, in accordance with its domestic law relating to:
(a) The determination of the customs duties on goods and, in particular, on the determination of the customs value;
(b) Means of transport and the destination of goods, indicating the references to identify those goods;
(c) Checks for goods in transit through one of the territories of the Parties from a third country; or
(d) Customs fraud and smuggling incurred by its importers and / or exporters.
55:. Cooperation and Technical Assistance
Where it is not contrary to its laws, regulations and practices, the competent authorities shall cooperate in customs matters, including:
(a) The exchange of customs experts when mutually beneficial to promote understanding of the laws and customs procedures and techniques of each party;
(b) Training, particularly for the development of specialized skills of their customs officials;
(c) The exchange of scientific and technical information, relating to customs legislation, regulations and customs procedures;
(d) The exchange of information on new technologies, methods and procedures in the application of customs legislation; or
(e) Cooperation in the areas of research, development and testing of new customs procedures.
56:. Applications
1. Requests for assistance under this chapter shall apply directly to the Administration required by the requesting authority in writing or by electronic means, and must be accompanied by the necessary documents. The requested authority may request the written confirmation of electronic applications.
2. When a request is urgently may also be made orally. Such a request must be confirmed in writing or by electronic means as soon as possible. While the written confirmation has not been received, may be suspended the compliance of the application.
3. Applications made pursuant to paragraph 1 shall include the following particulars:
(a) The Administrative Unit and the signature, on behalf of the person making the request;
(b) The information required and the reason for the request;
(c) A brief description of the matter, the legal elements and nature of the customs procedure;
(d) The names, addresses, identification document or any other information that is known and relevant persons to whom the request relates; and
(e) All the necessary information available to identify the goods or the customs declaration concerning the application.
4. The information referred to in this chapter shall be communicated to the staff are specially appointed by each competent authority. To this end, each Party shall provide a list of designated officials of the competent authority of the other party.
5. The requesting authority must be able to provide the same assistance required, if it is requested.
57:. Execution of Requests
1. A request for assistance shall be met as soon as possible taking into account the available administrative resources required. The reply to the request for assistance shall be provided within ninety (90) days after receiving the written request.
2. Upon request, the requested authority shall carry out an investigation in accordance with their national legislation in order to obtain information related to a possible illicit customs or customs offence took place in the territory of one of the Parties, and shall provide to the requesting authority, the results of such research and any information that it deems relevant.
3. If the requested information is available electronically, administration required may be provided electronically to the requesting authority, unless the applicant authority requests otherwise.
4. If a request made by any of its competent authorities fulfil certain required procedure, it shall be in accordance with the national laws and regulations of the Party of the requested authority.
5. If the requested authority does not have the information requested, it shall, in accordance with its national legislation and their available resources, to exhaust the possibilities and make every effort, as provided in paragraph 1.
58:. Archives, Documents and other Materials
1. Upon request, the requested authority may be certified copies of documents requested, in case they cannot provide originals in its national law.
2. Any information to be exchanged under this chapter may be accompanied by additional information that is relevant to interpret or use.
59:. Use of Information
The information, documents and other materials received under this Chapter shall be used only for the purposes set out in this chapter, and subject to the restrictions that may be established by the requested authority in accordance with the provisions of this chapter.
510:. Confidentiality
1. If requested by the requested information, documents and other materials obtained by the requesting authority in the course of mutual assistance under this Chapter shall be treated as confidential. In such a case, they shall be accorded the same protection regarding confidentiality that applies to the same type of information, documents and other materials in the territory of the party requesting the administration.
2. Such information may be used or disclosed only for the purposes set out in this chapter, including where required in the context of judicial or administrative proceedings, investigation carried out by the competent authority or appropriate. The information may be used or disclosed for other purposes or other authorities, only in the case that the requested authority, and specifically authorized in writing.
511:. Costs
1. The competent authorities shall waive all claims for reimbursement of costs and / or expenses incurred in the implementation of applications under this Chapter except those related to experts, which shall be borne by the requesting authority.
2. If necessary incur costs and / or substantial or extraordinary expenditures in nature to execute the request, the competent authorities shall consult on the
Terms and conditions under which the request will be executed, as well as the manner in which these are undertaken.
512:. A Joint Cooperation
1. The Parties shall enhance cooperation in the joint development, implementation and improvement of all issues related to this chapter, in particular customs procedures, the customs valuation, customs procedures, the tariff nomenclature and matters relating to free zones or special economic zones, as well as provide a forum for consultation and discussion on such matters.
2. A Party may request all the records and documents relating to goods and / or a joint visit to a free zone or a special economic zone, if known that a good for which an importer in its territory has requested preferential tariff treatment under another Trade Agreement has suffered a further processing or operations other than reloading unloading, or any other operation necessary to preserve the good in good condition or to transport it to the territory of that Party, during transit, trans-shipment or storage in the free zone or special economic zone.
513:. Definitions
For the purposes of this chapter:
The requested authority means that the competent authority is requested cooperation or assistance;
The requesting authority means the competent authority that requests assistance or cooperation;
Competent authority means:
(a) In the case of Guatemala: the Customs Department of the Tax Administration Superintendency; and
(b) In the case of Peru: the Ministry of Foreign Trade and Tourism (MINCETUR) and / or the National Superintendence of tax administration (SUNAT),
Or their successors;
E violation of customs law means any violation or attempted violation of customs legislation of each Party, being administrative or criminal tax;
Means information documents, reports or other communications in any form, including electronic or authenticated and certified copies thereof; and
Customs legislation any legal provision means administered, applied or enforced by the customs authority of each party, including the regulating the entry, exit or transit of goods in all or part of its territory, free trade areas or special economic zones, regardless of the name of each party denominated in these areas.
Chapter 6. Sanitary and Phytosanitary Measures
61:. Scope
This chapter applies to all sanitary and phytosanitary measures that may directly or indirectly affect trade between the parties, including food safety, the exchange of animal products and by-products of animal and plant products and by-products of plant origin in accordance with the WTO / SPS Agreement, the Codex Alimentarius Commission), the World Organisation for Animal Health (OIE) and the International Plant Protection Convention (IPPC).
62:. Objectives
The objectives of this chapter are: to protect the life and health of persons, animal or plant in the territories of the Parties; facilitate and increase trade among the parties, and resolving problems arising as a result of the Application of Sanitary and Phytosanitary Measures, cooperate in the WTO SPS / commissionimplementing greater agreement and establish a committee to address in a transparent manner issues related to sanitary and phytosanitary measures and promote the improvement of health and plant health status of the Parties.
63:.
Reaffirming the WTO SPS Agreement "
The parties reaffirm their existing rights and obligations under the WTO / SPS Agreement.
64:.
The rights and obligations of the Parties
1. The Parties may adopt or maintain apply their sanitary or phytosanitary measures to achieve an appropriate level of sanitary or phytosanitary protection provided that it is based on scientific principles.
2. The Parties may establish or maintain a sanitary or phytosanitary measure with a higher level of protection than that which would be achieved by a measure based on an international standard, guidelines or recommendations, provided that there is scientific justification for this purpose.
3. The Parties shall ensure that their sanitary and phytosanitary measures shall not constitute a disguised restriction on trade or create unnecessary obstacles to it.
65:. Equivalence
1. The recognition of equivalence of sanitary and phytosanitary measures may be considered standards, guidelines and recommendations developed by the relevant international organizations and the decisions taken by the Committee on Sanitary and Phytosanitary Measures of the WTO.
2. A Party shall accept as equivalent sanitary or phytosanitary measures of the other party, even if they differ from its own, provided that it is shown to achieve the appropriate level of protection of the other party, in which case it shall provide reasonable access for inspection, testing and other relevant procedures.
3. The parties to the Committee established in article 6.11 shall define mechanisms to assess and, where appropriate, to accept the equivalence of sanitary and phytosanitary measures.
66:.
"of risk assessment and determination of the appropriate level of sanitary and phytosanitary protection
1. Sanitary and phytosanitary measures applied by the parties will be based on an appropriate evaluation to the circumstances of the existing risk to the life and health of humans, animals or plants, including products and by-products, taking into account the standards, guidelines and recommendations of the relevant international organizations.
2. The establishment of appropriate levels of protection shall take into account the objective of protecting human, animal and plant health, while facilitating trade avoid arbitrary or unjustifiable distinctions that may become a disguised restrictions.
3. The Parties shall grant the necessary facilities for the evaluation, when required, sanitary and phytosanitary services, based on the guidelines and recommendations of international organisations or other procedures as the parties by mutual agreement.
4. To this end, the parties agree to task the Committee established in article 6.11, determine actions and procedures for the acceleration of the process of sanitary and phytosanitary risk assessment.
67:.
"adaptation to regional conditions including a disease-free pest-free or areas and areas of low disease or pest prevalence 1
1. In assessing sanitary or phytosanitary characteristics of a region, the Parties shall take into account, inter alia, the prevalence of pests or diseases
Specific programme; the existence of eradication or control and the criteria and guidelines to develop the appropriate competent international organizations.
2. The Parties shall recognize the disease or pest free areas and areas of low disease or pest prevalence in accordance with the WTO / SPS Agreement, the recommendations and / or guidelines of the OIE and IPPC.
3. In the determination of such areas, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance and the effectiveness of sanitary and phytosanitary controls and other technical considerations and scientifically justified, necessary to provide evidence to demonstrate objectively to the other party those zones are and will probably remain disease or pest free areas or areas of low prevalence. To this end, it shall give reasonable access, upon request by the other party for the inspection, testing and other relevant procedures.
4. The Parties recognise the recommendations expressed in the rules on compartmentalization established by the OIE.
5. The Committee established in article 6.11, develop an appropriate procedure for the recognition of disease or pest free areas and areas of low prevalence, taking into account the international standards, guidelines or recommendations.
6. If a Party does not recognize the determination of disease or pest free areas or areas of low or pest disease prevalence, made by the other Party shall explain the reasons for refusal technical and scientific in a timely manner.
68:. Inspection and Control and Adoption
The Parties shall establish procedures for inspection and control and approval taking into consideration Article 8 and Annex C of the SPS Agreement of the WTO.
69:. Transparency
1. The Parties shall apply in a transparent manner sanitary and phytosanitary measures.
To this end, the Parties shall notify such measures pursuant to
2. In addition, shall notify the Parties:
(a) The application of emergency action or the modification of existing measures within a period of no more than three (3 days), in accordance with the provisions of Annex B to the SPS Agreement of the WTO, as well as the situations of health warnings on the control of food products traded between the parties, where there is a risk for human health, associated with its consumption,
In accordance with the relevant health standard Codex Alimentarius existing at the time;
(b) The non-compliance of the measures identified in certificates of export products subject to the Application of Sanitary and Phytosanitary Measures, including the greatest possible information as well as the reasons for its refusal.
(c) Cases of exotic diseases or pests or unusual occurrence; and
(d) Updated information at the request of a party, the requirements applicable to the importation of specific products, and report on the state of the processes and measures in respect of applications for access of animal products, plants, forestry, fisheries and other related to the WTO SPS / agreement by the exporting Party.
3. The Parties shall make its best efforts to improve mutual understanding of sanitary and phytosanitary measures and their implementation, and exchange information on matters related to the development or application of sanitary and phytosanitary measures that affect or may affect trade between the parties, with a view to minimizing the negative effects on trade.
4. Notifications shall be made in writing to the contact points established in accordance with the WTO / SPS Agreement. By means of a written notification, notifications by mail, fax or e-mail.
1. The parties agree to cooperate and provide the necessary technical assistance for the implementation of this chapter.
2. The Parties shall develop through the Committee established in article 6.11 a work programme, including the identification of needs of cooperation and technical assistance to establish and / or strengthen the capacity of the parties to human health, animal and plant health and food security of common interest.
611:.
"Committee on Sanitary and Phytosanitary Measures
1. The parties establish a Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as the Committee), comprising representatives of each Party with responsibilities in this field in accordance with annex 6.11 as a forum to ensure and monitor the implementation and administration of this chapter as well as to address and resolve the problems encountered in trade in goods subject to the Application of Sanitary and Phytosanitary Measures.
2. The Committee may establish working groups sanitary and phytosanitary which it deems appropriate.
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) Serve as a forum to discuss and consult and attempt to resolve problems related to the development or application of sanitary or phytosanitary measures that affect or may affect trade between the parties;
(d) Contribute to trade facilitation through the timely consultation on issues related to the implementation of this chapter;
(e) Improving any present or future relationship between the offices responsible for the implementation of sanitary and phytosanitary measures of the Parties;
(f) Contribute to mutual understanding of Sanitary and Phytosanitary Measures of the Parties, its implementation and related internal regulations;
(g) To identify and promote cooperation, technical assistance, training and exchange of information in the field of sanitary and phytosanitary measures;
(h) Establish procedures for the recognition of areas, areas or free compartments of pests or diseases;
(i) Define mechanisms and procedures for the recognition of equivalence of sanitary and phytosanitary measures as well as to determine the procedures and deadlines for risk assessments of streamlined and transparent manner;
(j) Consultations on the position of the Parties in items to be treated in meetings of the Committee on Sanitary and Phytosanitary Measures of the WTO, the Codex Alimentarius committees and other fora of both parties which are party; and
(k) 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.
612:. Settlement of Disputes
Once consultations in accordance with article 6.11.3
(c) The party that does not conform with the outcome of the consultations, may have recourse to the dispute settlement procedures provided for in Chapter 15 (dispute settlement).
613:. Definitions
For the purposes of this chapter, glossaries and shall apply the definitions in annex A of the WTO SPS Agreement and international bodies.
The SPS Committee shall be composed of representatives of:
(a) In the case of Guatemala: the Ministry of Economy (MINECO), the Ministry of Agriculture, Livestock and Food and the Ministry of Health and Social Welfare (MSPAS); and
(b) In the case of Peru: the Servicio Nacional de Sanidad Agraria (SENASA), the Directorate General de Salud Ambiental (DIGESA), the Instituto Tecnológico Pesquero (ITP) and the Vice-Ministry of Foreign Trade of the Ministry of Foreign Trade and Tourism,
Or their successors.
Chapter 7. Technical Barriers to Trade
1. This chapter applies to the preparation, adoption and application of standards and technical regulations and conformity assessment procedures, including those relating to metrology, each Party that may directly or indirectly affect the trade in goods.
2. Notwithstanding paragraph 1. this chapter does not apply to:
(a) Sanitary and phytosanitary measures which are covered by Chapter 6 (sanitary and phytosanitary measures); and
(b) Purchasing specifications prescribed by governmental bodies for production or consumption requirements of governmental institutions, which shall be governed by chapter ten (Government Procurement).