that election shall be definitive and the investor may not thereafter submit the same claim to arbitration under Section B.
Annex 836.1. Submissions by Other Persons
1. Applications for leave to file submissions by other persons shall:
(a) be made in writing, dated and signed by the applicant, and include the applicant’s address and other contact details;
(b) be no longer than five typed pages;
(c) describe the applicant, including, where relevant, its membership and legal status (e.g., company, trade association or other nongovernmental 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 affiliation, direct or indirect, with any disputing party;
(e) identify any government, person or organization that has provided any financial or other assistance in preparing the submission;
(f) specify the nature of the interest that the applicant has in the arbitration;
(g) identify the specific issues of fact or law in the arbitration that the applicant has addressed in its written submission;
(h) explain, by reference to the factors specified in paragraph 4 of Article 836, why the Tribunal should accept the submission; and
(i) be made in a language of the arbitration.
2. Submissions filed by other persons shall:
(a) be dated and signed by the person filing the submission;
(b) be concise, and in no case longer than 20 typed pages, including any appendices;
(c) set out a precise statement supporting the person’s position on the issues; and
(d) only address matters within the scope of the dispute.
Annex 844.1. Exclusions from Dispute Settlement
1. A decision by Canada following a review under the Investment Canada Act (1985, ch. 28, 1st supp.), with respect to whether or not permit an acquisition that is subject to review, shall not be subject to the dispute settlement provisions of Section B of this Chapter or of Chapter Twenty-One (Dispute Settlement).
2. A decision by a Party to prohibit or restrict the acquisition of an investment in its territory by an investor of the other Party, or its investment, pursuant to Article 2202 (Exceptions - National Security) of Chapter Twenty-Two (Exceptions) shall not be subject to the dispute settlement provisions of Section B of this Chapter or of Chapter Twenty-One (Dispute Settlement).
Chapter Nine. Cross-border Trade In Services
Article 901. Scope and Coverage
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, including measures affecting:
(a) the production, distribution, marketing, sale and delivery of a service;
(b) the purchase or use of, or payment for, a service;
(c) the access to and use of distribution, transport 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. This Chapter does not apply to:
(a) financial services as defined in Chapter Eleven (Financial Services);
(b) air services (1) and related services in support of air services, other than:
(i) aircraft repair and maintenance services,
(ii) the selling and marketing of air transport services, and
(iii) computer reservation system ("CRS") services;
(c) procurement by a Party or a state enterprise; and
(d) subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance.
3. This Chapter does not impose any obligation on a Party with respect to a national of the other Party seeking access to its employment market, or employed on a permanent basis in its territory and does not confer any right on that national with respect to that access or employment.
Article 902. Subsidies
The Parties note their mutual obligations related to subsidies in Article XV of the GATS and affirm their commitment respecting the development of any necessary disciplines pursuant to Article XV. To the extent that any such disciplines are adopted by the WTO Members, the Parties shall, as appropriate, review them jointly with a view to determining whether this Article should be supplemented.
Article 903. National Treatment
1. Each Party shall accord to service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to its own service suppliers.
2. The treatment accorded by a Party under paragraph 1 means, with respect to measures adopted or maintained by a sub-national government, treatment no less favourable than the most favourable treatment accorded, in like circumstances, by that sub-national government to service suppliers of the Party of which it forms a part.
Article 904. Most-favoured-nation Treatment
Each Party shall accord to service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to service suppliers of a non-Party.
Article 905. Standard of Treatment
Each Party shall accord to service suppliers of the other Party the better of the treatment required by Articles 903 and 904.
Article 906. Market Access
Neither Party may adopt or maintain measures that:
(a) impose limitations on:
(i) the number of service suppliers, whether in the form of numerical quotas, monopolies, 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 the total quantity of services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test, (2) or
(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, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; or
(b) restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.
Article 907. Local Presence
Neither Party may require a service supplier of the other Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross-border provision of a service.
Article 908. Non-conforming Measures
1. Articles 903, 904, 906 and 907 do not apply to:
(a) any existing non-conforming measure that is maintained by a Party at:
(i) the national level of government, as set out by that Party in its Schedule to Annex I,
(ii) a sub-national (3) level of government, as set out by that Party in its Schedule to Annex 1, 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) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 903, 904, 906 and 907.
2. Articles 903, 904, 906 and 907 do not apply to measures that a Party adopts or maintains with respect to sectors, sub-sectors or activities, as set out in its Schedule to Annex II.
Article 909. Domestic Regulation (4)
1. The Parties note their mutual obligations related to domestic regulation in Article VI:4 of the GATS and affirm their commitment respecting the development of any necessary disciplines pursuant to Article VI:4. To the extent that any such disciplines are adopted by the WTO Members, the Parties shall, as appropriate, review them jointly with a view to determining whether this Article should be supplemented.
2. Pending the incorporation of disciplines pursuant to paragraph 1, the Parties shall aim to ensure that measures relating to qualification requirements and procedures, technical standards, and licensing requirements are:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
3. Where authorisation is required for the supply of a service, the competent authorities of that Party will, within a reasonable period of time after the submission of an application that is considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
Article 910. Recognition (5)
1. For the purposes of fulfillment, in whole or in part, of its standards or criteria for the authorization, licensing or certification of services suppliers, 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. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall afford, if the other Party is interested, adequate opportunity for the other Party to negotiate accession to such an agreement or arrangement or to negotiate a comparable agreement or arrangement. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that the education, experience, licences or certifications obtained or requirements met in that other Party's territory should be recognized.
3. No Party may accord recognition in a manner that would constitute a means of discrimination in the application of its standards or criteria for the authorization, licensing or certification of services suppliers, or a disguised restriction on trade in services.
4. The Parties shall endeavour to ensure that the relevant professional bodies in their respective territories of professional service sectors to be determined by the Working Group within six months following entry into force of this Agreement:
(a) exchange information on existing standards and criteria for the authorization, licensing and certification of professional service providers;
(b) meet within 12 months to discuss the development of an agreement or arrangement referred to in paragraph 1;
(c) be guided by Annex 910.4 for the negotiations of such agreement or arrangement; and
(d) provide notification following the conclusion of an agreement or arrangement to the Commission.
5. On receipt of a notification referred to in subparagraph 4(d), the Commission shall review the agreement or arrangement within a reasonable time to determine whether it is consistent with this Agreement. Based on the Commission's review, each Party shall ensure that its respective competent authorities, where appropriate, implement the agreement within a mutually agreed time.
Article 911. Temporary Licensing
1. Where the Parties agree, each Party shall encourage the relevant bodies in its territory to develop procedures for the temporary licensing of professional services suppliers of the other Party.
2. Each Party shall consider establishing a work program to provide for the temporary licensing in its territory of nationals of the other Party who are licensed as engineers in the territory of the other Party. To this end, each Party shall coordinate with the relevant professional bodies of its territory as appropriate.
3. To this end, the Working Group shall consult with the relevant professional bodies to obtain their recommendations on:
(a) the development of procedures for the temporary licensing of engineers to permit them to practice as engineers in each jurisdiction in each of the Parties' territory;
(b) the development of model procedures for adoption by the competent authorities throughout each of the Parties' territory to facilitate the temporary licensing of engineers;
(c) the engineering specialties to which priority should be given in developing temporary licensing procedures; and
(d) other matters relating to the temporary licensing of engineers identified by the Working Group.
4. The Working Group shall request that the relevant professional bodies make recommendations on the matters referred to in paragraph 3 within 18 months of the date of their first meeting.
5. The Working Group shall encourage the relevant professional bodies of each Party to meet at the earliest opportunity with a view to cooperating in the development of joint recommendations, within two years following the entry into force of this Agreement, on the matters referred to in paragraph 3. The Working Group shall request an annual report from the relevant professional bodies on the progress achieved in developing recommendations.
6. The Working Group shall promptly review a recommendation made pursuant to paragraphs 4 or 5 to ensure its consistency with this Agreement. If the recommendation is consistent with this Agreement, the Working Group shall encourage the competent authorities of each Party to implement the recommendation within one year.
Article 912. Transfers and Payments
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 such transfers and payments relating to the cross-border supply of services to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer.
3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non-discriminatory, and good faith application of its laws relating to:
(a) bankruptcy, insolvency, or the protection of the rights of creditors;
(b) issuing, trading, or dealing in securities, 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 orders or judgments in judicial or administrative proceedings.
Article 913. Denial of Benefits
Subject to prior notification in accordance with Article 1902 (Transparency - Notification and Provision of Information) and consultations (6), a Party may deny the benefits of this Chapter to a service supplier of the other Party:
(a) where the Party establishes that the service is being provided by an enterprise owned or controlled by nationals of a non-Party, and the denying Party adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise;
(b) if the service supplier is an enterprise owned or controlled by persons of a non-Party that has no substantial business activities in the territory of the other Party; or
(c) if the service supplier is an enterprise owned or controlled by persons of the denying Party and the enterprise has no substantial business activities in the territory of the other Party.
Article 914. Working Group
1. The Parties shall establish a Working Group at the entry into force of this Agreement comprising representatives of each Party. The representatives of each Party shall be:
For Canada: Director Services Trade Policy Division Department of Foreign Affairs and International Trade
For Peru: Vice Minister of Foreign Trade Ministry of Foreign Trade and Tourism or any successors.
2. The Working Group's functions shall include:
(a) meeting annually, or as otherwise agreed by the representatives, to review matters concerning the implementation and operation of this Chapter and consider issues of interest to the Parties affecting cross-border trade in services;
(b) coordinating enquiries from one Party to the other for information regarding measures that pertain to or may affect cross-border trade in services; (7)
(c) considering the development of procedures to increase the transparency of measures described in Article 908;
(d) reviewing the professional service sectors referred to in paragraph 4 of Article 910; and
(e) monitoring the work and developments of the relevant professional bodies in each Party regarding mutual recognition agreements on authorization, licensing and certification of professional service providers, and providing reports annually or as otherwise agreed to the Commission on initiatives and progress undertaken by the Parties with respect to the implementation of Article 910.
Article 915. Definitions
For purposes of this Chapter:
aircraft repair and maintenance services mean such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;
computer reservation system ("CRS") services mean services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
cross-border trade in services or cross-border supply of services means the supply of a service:
(a) from the territory of one Party into the territory of the other Party;
(b) in the territory of one 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 investment, as defined in Article 847 (Investment – Definitions);
enterprise means an enterprise as defined in Chapter One (Initial Provisions and General Definitions), and a branch of an enterprise;
enterprise of a Party means an enterprise organized or constituted under the laws of a Party and a branch located in the territory of a Party and carrying out business activities there;
measures adopted or maintained by a Party means measures adopted or maintained by:
(a) national or sub-national governments and authorities; and
(b) non-governmental bodies in the exercise of any regulatory, administrative or other governmental authority delegated by national or sub-national governments and authorities;
professional services means services, the supply of which requires specialized post secondary education, or equivalent training or experience, and for which the right to practice is granted or restricted by a Party, but does not include services supplied by trades-persons or vessel and aircraft crew members;
selling and marketing of air transport services mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions; and
service supplier of a Party means a person of that Party that seeks to supply or supplies a service (8).
Chapter Ten. Telecommunications
Article 1001. Scope and Coverage
1. This Chapter applies to:
(a) measures adopted or maintained by a Party relating to access to and use of public telecommunications transport networks and services;
(b) measures adopted or maintained by a Party relating to obligations of suppliers of public telecommunications transport networks and services;
(c) other measures adopted or maintained by a Party relating to public telecommunications transport networks or services; and
(d) measures adopted or maintained by a Party relating to the supply of value-added services.
2. This Chapter does not apply to any measure of a Party affecting the transmission by any means of telecommunications, including broadcast and cable distribution of radio or television programming intended for reception by the public.
3. Nothing in this Chapter shall be construed to: