2. Nothing in this Chapter shall be construed to prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to unduly impair or delay trade in goods or services or conduct of investment activities under this Agreement.
Article 1203. Grant of Temporary Entry
1. Each Party shall grant temporary entry to business persons who comply with existing immigration measures applicable to temporary entry such as those relating to public health and safety and national security, in accordance with this Chapter, including the provisions of Annex 1203.
2. Subject to each Party's labour legislation, a Party may refuse to issue a work permit or authorization to a business person where the temporary entry of that person might adversely affect:
(a) the settlement of any labour dispute that is in progress at the place or intended place of employment; or
(b) the employment of any person who is involved in such dispute.
3. Each Party shall limit any fees for processing applications for temporary entry of business persons so as to not unduly impair or delay trade in goods or services or the conduct of investment activities under this Agreement.
Article 1204. Provision of Information
1. Further to Article 1901 (Transparency - Publication), and recognizing the importance to the Parties of transparency of temporary entry information, each Party shall:
(a) provide to the other Party relevant materials that will enable it to become acquainted with its measures relating to this Chapter; and
(b) no later than six months after the date of entry into force of this Agreement, make available explanatory material regarding the requirements for temporary entry under this Chapter in such a manner that will enable business persons of the other Party to become acquainted with them.
2. Each Party shall collect and maintain, and, on request, make available to the other Party in accordance with its domestic law, data respecting the granting of temporary entry under this Chapter to business persons of the other Party who have been issued immigration documentation.
Article 1205. Contact Points
1. The Parties hereby establish Contact Points:
(a) in the case of Canada, the Contact Point is:
Director
Temporary Resident Policy
Immigration Branch
Citizenship and Immigration Canada
(b) in the case of Peru, the Contact Point is:
Director
Directorate of Immigrations
General Directorate of Immigration and Naturalization
Ministry of Interior,
or the occupant of any successor position.
2. The Contact Points shall exchange information as described in Article 1204 and shall meet as required to consider matters pertaining to this Chapter, such as:
(a) the implementation and administration of the Chapter;
(b) the development and adoption of common criteria and interpretations for the implementation of the Chapter;
(c) the development of measures to further facilitate temporary entry of business persons on a reciprocal basis;
(d) proposed modifications to the Chapter; and
(e) measures that affect the temporary entry of business persons under this Chapter.
Article 1206. Dispute Settlement
1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless:
(a) the matter involves a pattern of practice; and
(b) the business person has exhausted the available administrative remedies regarding the particular matter.
2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.
Article 1207. Relation to other Chapters
1. No provision of this Agreement shall be interpreted to impose any obligation on a Party regarding its immigration measures, except as specifically identified in this Chapter and Chapters One and Nineteen to Twenty-Three (Initial Provisions and General Definitions, Transparency, Administration of the Agreement, Dispute Settlement, Exceptions and Final Provisions).
2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.
Article 1208. Transparency In Processing of Applications
1. Further to Chapter Nineteen (Transparency), each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding applications and procedures relating to the temporary entry of business persons.
2. Each Party shall endeavour to, within a reasonable period that should not exceed 45 days after an application requesting temporary entry is considered complete under its domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the Party shall endeavour to provide, without undue delay, information concerning the status of the application.
Article 1209. Definitions
For purposes of this Chapter:
business person means a national of a Party who is engaged in trade in goods, the supply of services or the conduct of investment activities;
contract service supplier means an employee who is a professional or technician of a foreign based company, partnership, or firm who enters the territory of the other Party temporarily in order to perform a service pursuant to a contract between his/her employer and a service consumer in the territory of the other Party, when the employer:
(a) has no commercial presence in the territory of the other Party;
(b) is a juridical person that has obtained a contract for the provision of a service in the territory of the other Party that does not consist exclusively in the supply of personnel; and
(c) provides the employee's remuneration;
executive means a business person within an organisation who primarily directs the management of the organisation, exercises wide latitude in decision-making, and receives only general supervision or direction from higher level executives, the board of directors, and/or stockholders of the business;
independent professional or technician means a professional or technician who enters the territory of the other Party temporarily in order to perform a service pursuant to a contract with a service consumer located in the territory of the other Party when:
(a) the professional or technician supplies the service as a self-employed person;
(b) the professional or technician has obtained a service contract in the territory of the Party where the service is to be supplied; and
(c) the remuneration for the contract is to be paid solely to the professional or technician in the territory of the Party where the service is to be supplied;
labour dispute means a strike between a union and employer relating to terms and conditions of employment;
management trainee on professional development means an employee with a post-secondary degree who is on a temporary work assignment intended to broaden that employee's knowledge of and experience in a company in preparation for a senior leadership position within the company;
manager means a business person within an organisation who primarily directs the organisation or a department or sub-division of the organisation, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to hire and fire or take other personnel actions (such as promotion or leave authorisation), and exercises discretionary authority over dayto-day operations;
professional means a national of a Party who is engaged in a specialty occupation (1) requiring:
(a) theoretical and practical application of a body of specialized knowledge, and who is eligible to obtain the certification or license to practice, if required; and
(b) attainment of a post-secondary degree in the specialty requiring four, or more years of study as a minimum for entry into the occupation (2) ;
professional or technician in a subordinate relationship means a professional or technician who enters the territory of the other Party temporarily in order to perform a service under the direction of an employer in the other Party, who has the authority to regulate, direct and sanction the activities of the employee;
specialist means an employee who possesses specialized knowledge of the company's products or services and its application in international markets, or an advanced level of expertise or knowledge of the company's processes and procedures. A specialist may include, but is not limited to, professionals and technicians;
technician means a national of a Party who is engaged in a specialty occupation (3) requiring:
(a) theoretical and practical application of a body of specialized knowledge, and who is eligible to obtain the certification/license to practice, if required; and
(b) attainment of a post-secondary or technical degree requiring one, or more years of study, or the equivalent of such a degree, as a minimum for entry into the occupation; (4) and
temporary entry means entry into the territory of a Party by a business person of the other Party without the intent to establish permanent residence.
Chapter Thirteen. Competition Policy, Monopolies and State Enterprises
Article 1301. Objectives
Recognizing that conduct subject to this Chapter has the potential to restrict bilateral trade and investment, the Parties believe that proscribing such conduct, implementing economically sound competition policies and cooperating in matters covered by this Chapter will help secure the benefits of this Agreement.
Article 1302. Competition Law and Policy
1. Each Party shall maintain its independence in developing and enforcing its competition law.
2. Each Party shall adopt or maintain measures to proscribe anti-competitive business conduct and take appropriate action with respect to such conduct.
3. The measures each Party adopts or maintains to proscribe anti-competitive business conduct and the enforcement actions it takes pursuant to those measures shall be consistent with principles of transparency, non-discrimination and procedural fairness. Exclusions from these measures shall be transparent. Each Party shall make available to the other Party public information concerning exclusions provided under its competition laws.
4. Each Party should periodically assess its own exclusions to determine whether they are necessary to achieve its overriding policy objectives.
5. Peru may implement its obligations under this Article through the Andean Community competition laws or an Andean Community enforcement authority.
Article 1303. Consultations
Subject to the independence of each Party to develop, maintain and enforce its competition policy and legislation, the Parties, on request of a Party, shall enter into consultations to foster understanding between them, or to address a specific matter under this Chapter. The requesting Party shall indicate in its request how the matter affects trade or investment between the Parties. The other Party shall give full and sympathetic consideration to the concerns of the requesting Party.
Article 1304. Cooperation
Each Party recognizes the importance of cooperation and coordination between their competition authorities to further effective competition law enforcement in the free trade area. In this regard, the Parties, through their respective competition authorities, shall negotiate a cooperation instrument that may address among other matters, notification, consultation, positive and negative comity, technical assistance and exchange of information.
Article 1305. Designated Monopolies
1. Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly.
2. Where a Party intends to designate a monopoly and the designation may affect the interests of the other Party, the designating Party shall, whenever possible, provide prior written notification to the other Party of the designation.
3. Each Party shall ensure that any privately-owned monopoly that it designates after the date of entry into force of this Agreement and any government monopoly that it designates, or has designated prior to the date of entry into force of this Agreement:
(a) acts in a manner that is not inconsistent with the Party's obligations under this Agreement wherever such a monopoly exercises any regulatory, administrative, or other governmental authority that the Party has delegated to it in connection with the monopoly good or service, such as the power to grant import or export licenses, approve commercial transactions, or impose quotas, fees, or other charges;
(b) acts solely in accordance with commercial considerations in its purchase or sale of the monopoly good or service in the relevant market, including with regard to price, quality, availability, marketability, transportation, and other terms and conditions of purchase or sale, except to comply with any terms of its designation that are not inconsistent with subparagraphs (c) or (d);
(c) provides non-discriminatory treatment to covered investments, to goods of the other Party and to service suppliers of the other Party in its purchase or sale of the monopoly good or service in the relevant market; and
(d) does not use its monopoly position to engage, either directly or indirectly, including through its dealings with its parent, its subsidiaries or other enterprises with common ownership, in anticompetitive practices in a non-monopolized market in its territory that adversely affect covered investments.
4. Paragraph 3 does not apply to procurement by a government of goods or services or any combination thereof, for governmental purposes and not with a view to commercial sale or resale, or use in the production or supply of goods or services for commercial sale or resale.
Article 1306. State Enterprises
1. Nothing in this Agreement shall be construed to prevent a Party from establishing or maintaining a state enterprise.
2. Each Party shall ensure, that any state enterprise that it establishes or maintains, acts in a manner that is not inconsistent with the Party's obligations under Chapters Eight (Investment) and Eleven (Financial Services) wherever such enterprise exercises any regulatory, administrative, or other governmental authority that the Party has delegated to it, such as the power to expropriate, grant licenses, approve commercial transactions, or impose quotas, fees, or other charges.
3. Each Party shall ensure that any state enterprise that it maintains or establishes accords non-discriminatory treatment in the sale of its goods or services to covered investments.
Article 1307. Dispute Settlement
1. No Party may have recourse to dispute settlement under Chapter Twenty-One (Dispute Settlement) for any matter arising under this Chapter except for those matters referred to in Articles 1305 and 1306.
2. For the purposes of this Chapter, an investor may have recourse to investor-state dispute settlement pursuant to subparagraph 1(b) of Article 819 (Investment - Claim by an Investor of a Party on Its Own Behalf) or subparagraph 1(b) of Article 820 (Investment - Claim by an Investor of a Party on behalf of an Enterprise) only for matters arising under subparagraph 3(a) of Article 1305 or paragraph 2 of Article 1306.
3. Where an investor of a Party considers that a designated monopoly or state enterprise of the other Party has acted in a manner inconsistent with that other Party's obligations under Chapter Eleven (Financial Services), the investor may have recourse to investor-state dispute settlement only for a breach of an obligation listed in subparagraph 2(b) of Article 1101 (Financial Services - Scope of Application) of that Chapter.
Article 1308. Definitions
For purposes of this Chapter:
covered investment means "covered investment" as defined in Article 847 (Investment - Definitions);
designate means to establish, authorize, or to expand the scope of a monopoly to cover an additional good or service after the date of entry into force of this Agreement;
designated monopoly means an entity, including a consortium or government agency, that in any relevant market in the territory of a Party is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant;
government monopoly means a monopoly that is owned, or controlled through ownership interests, by a national government or by another such monopoly;
in accordance with commercial considerations means consistent with normal business practices of privately-held enterprises in the relevant business sector or industry;
market means the geographic and commercial market for a good or service;
non-discriminatory treatment means the better of national treatment and most-favoured-nation treatment, as set out in the relevant provisions of this Agreement; and
state enterprise means, except as set out in Annex 1308, an enterprise owned, or controlled through ownership interests, by a Party.
Chapter Fourteen. Government Procurement
Article 1401. Scope and Coverage
Application of Chapter
1. This Chapter applies to any measure adopted or maintained by a Party relating to procurement by a procuring entity listed in Annex 1401.1:
(a) by any contractual means, including purchase and rental or lease, with or without an option to buy;
(b) for which the value, as estimated in accordance with paragraph 5, equals or exceeds the relevant threshold specified in Annex 1401.1; and
(c) subject to the terms of Annex 1401.1.
2. This Chapter does not apply to:
(a) non-contractual agreements or any form of assistance that a Party, including a state enterprise, provides, including grants, loans, equity infusions, fiscal incentives, subsidies, guarantees, and cooperative agreements;
(b) government provision of goods or services to persons or to subnational governments;
(c) purchases for the direct purpose of providing foreign assistance;
(d) purchases funded by international grants, loans, or other assistance, where the provision of such assistance is subject to conditions inconsistent with this Chapter;
(e) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities. For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialized services related to the following activities:
(i) the incurring of public indebtedness, or
(ii) public debt management;
(f) hiring of government employees and related employment measures; or
(g) procurements made by an entity or state enterprise from another entity or state enterprise of that Party.
3. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures, or contractual means, provided they are not inconsistent with this Chapter.
4. Where a procuring entity awards a contract that is not covered by this Chapter, nothing in this Chapter shall be construed to cover any good or service component of that contract.
Valuation
5. In estimating the value of a procurement for the purpose of ascertaining whether it is a procurement covered by this Chapter, a procuring entity shall:
(a) neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter;
(b) include the estimated maximum total value of the procurement over its entire duration, whether awarded to one or more suppliers, taking into account all forms of remuneration, including:
(i) premiums, fees, commissions, and interest, and
(ii) where the procurement provides for the possibility of option clauses, the estimated maximum total value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
Article 1402. Security and General Exceptions
1. Nothing in this Chapter shall be construed to prevent a Party from taking any action or not disclosing any information which it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defense purposes.
2. Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a disguised restriction on trade between the Parties, nothing in this Chapter shall be construed to prevent a Party from adopting or maintaining measures:
(a) necessary to protect public morals, order or safety;
(b) necessary to protect human, animal or plant life or health;
(c) necessary to protect intellectual property; or
(d) relating to goods or services of persons with disabilities, philanthropic institutions, or prison labour.
3. The Parties understand that subparagraph 2 (b) includes environmental measures necessary to protect human, animal or plant life or health.
Article 1403. General Principles National Treatment and Non-discrimination
1. With respect to any measure relating to procurement covered by this Chapter, each Party shall accord immediately and unconditionally to the goods and services of the other Party, and to the suppliers of the other Party of such goods or services, treatment no less favourable than the most favourable treatment the Party accords to domestic goods, services and suppliers.
2. With respect to any measure relating to procurement covered by this Chapter, a Party shall not:
(a) treat a locally established supplier less favourably than another locally established supplier on the basis of the degree of foreign affiliation or ownership; or
(b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party. Conduct of Procurement
3. A procuring entity shall conduct procurement covered by this Chapter in a transparent and impartial manner that: