Industry Classification:

CPC 852

CPC 853

Type of Reservation:

National Treatment (Article 903)

Measures:

Resoluci6n Suprema No. 004-2000-ED, Diario Oficial "El Peruano" del25 de Enero de 2000, Reglamento de Investigaciones Arqueol6gicas, articulo 30

Description:

Cross-Border Trade in Services

Archaeological research projects headed by foreign archaeologists must count on a Peruvian archaeologist registered in the National Registry of Archaeologists for the scientific co-direction or sub-direction of the project. The co-director and sub-director shall participate in the integral execution of the project (field and office work).

Sector:

Services Related to Energy Services

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article 903)

Local Presence (Article 907)

Measures:

Ley N° 26221, Diario Oficial "El Peruano" del 19 de agosto de 1993, Ley General de Hidrocarburos, articulo 15

Description:

Cross-Border Trade in Services

In order to enter into an exploration contract in Peru, foreign natural persons must register in the Public Registry and provide a power of attorney to a Peruvian national resident in the capital of the Republic of Peru.

Foreign enterprises must establish a branch or constitute a society under the Ley General de Sociedades, be domiciled in the capital of the Republic of Peru, and appoint a Peruvian national as an executive agent.

Annex II. Reservations for Future Measures

1. The Schedule of a Party sets out, pursuant to Articles 808 (Investment – Reservations and Exceptions) and 908 (Cross-Border Trade in Services – Non- Conforming Measures), the reservations taken by that Party with respect to specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive measures that do not conform with obligations imposed by:

a. Article 803 (Investment – National Treatment), 903 (Cross-Border Trade in Services - National Treatment);

b. Article 804 (Investment - Most-Favoured-Nation Treatment), 904 (Cross-Border Trade in Services - Most-Favoured-Nation Treatment);

c. Article 907 (Cross-Border Trade in Services - Local Presence);

d. Article 807 (Investment - Performance Requirements);

e. Article 806 (Investment - Senior Management and Boards of Directors); or

f. Article 906 (Cross-Border Trade in Services - Market Access).

2. Each reservation sets out the following elements:

a. Sector refers to the general sector in which the reservation is taken;

b. Sub-Sector refers to the specific sector in which the reservation is taken;

c. Industry Classification refers, where applicable, to the activity covered by the reservation according to domestic industry classification codes;

d. Type of Reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;

e. Description sets out the scope of the sector, sub-sector or activities covered by the reservation;

f. Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.

3. In the interpretation of a reservation, all elements of the reservation, with the exception of Industry Classification, shall be considered. The Description element shall prevail over all other elements.

4. For purposes of this Annex:

CPC means Central Product Classification (CPC) numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and

SIC means Standard Industrial Classification (SIC) numbers as set out in Statistics Canada, Standard Industrial Classification, fourth edition, 1980.

Annex II. Schedule of Canada

Sector:

Aboriginal Affairs

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Articles 803, 903)

Most-Favoured-Nation Treatment (Articles 804, 904) Local Presence (Article 907)

Performance Requirements (Article 807)

Senior Management and Boards of Directors (Article 806)

Description:

Cross-Border Trade in Services and Investment

Canada reserves the right to adopt or maintain any measure denying investors of Peru and their investments, or service providers of Peru, any rights or preferences provided to aboriginal peoples.

Existing Measures:

Constitution Act, 1982, being Schedule B of the

Canada Act 1982 (U.K.), 1982, c. 11

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Sector:

All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article 803)

Description:

Investment

Canada reserves the right to adopt or maintain any measure relating to residency requirements for the ownership by investors of Peru, or their investments, of oceanfront land.

Existing Measures:

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Sector:

Communications

Sub-Sector:

Telecommunications Transport Networks and Services

Radiocommunications

Industry Classification:

CPC 752 Telecommunication services

Type of Reservation:

National Treatment (Article 803)

Senior Management and Boards of Directors (Article 806)

Description:

Investment

1. Canada reserves the right to adopt or maintain any measure:

that limits foreign investment in facilities­ based telecommunications service suppliers, provided that the measures adopted or maintained by Canada do not limit foreign investment to less than a cumulative total of

46.7 percent of voting shares, based on 20 percent direct investment and 33.3 percent indirect investment;

requiring that facilities-based telecommunications service suppliers be controlled in fact by Canadians;

requiring that at least 80 percent of the members of the board of directors of facilities-based telecommunications service suppliers be Canadian; and

subjecting facilities-based telecommunications service suppliers that exceeded the permissible cumulative foreign investment level on 22 July 1987 and continue to exceed this level, to restrictions.

Exceptions to this reservation are:

foreign investment is allowed up to 100 percent for suppliers conducting operations under an international submarine cable licence;

mobile satellite systems owned and controlled up to a level of 100 percent by a foreign service provider may be used by a Canadian service provider to provide services in Canada; and

fixed satellite systems owned and controlled up to a level of 100 percent by foreign service providers may be used to provide services between points in Canada and all points outside of Canada.

Existing Measures:

Telecommunications Act, S.C. 1993, c. 38.

Canadian Telecommunications Common Carrier

Ownership and Control Regulations SOR/94-667

Radiocommunications Act, R.S.C. 1985, c. R-2

Radiocommunication Regulations SOR/96-484

Sector:

Communications

Sub-Sector:

Telecommunications Transport Networks and Services

Radiocommunications

Telecommunication Services

Industry Classification:

CPC 7529 Other telecommunications services

CPC 7549 Other telecommunications services not elsewhere classified

Type of Reservation:

Local Presence (Article 907) National Treatment (Article 803)

Senior Management and Boards of Directors (Article 806)

Description:

Cross-Border Trade in Services and Investment

Canada reserves the right to adopt or maintain any measure relating to the provision of or investment in telecommunications services classified in CPC 7529, excluding mobile services, and CPC 7549.

Existing Measures:

Radiocommunication Act, R.S.C. 1985, c. R-2

Radiocommunication Regulations SOR/96-484

Telecommunications Act, S.C. 1993, c. 38

Canadian Telecommunications Common Carrier

Ownership and Control Regulations SOR/94-667

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Sector:

Communications

Sub-Sector:

Telecommunications Transport Networks and Services

Industry Classification:

CPC 752 Telecommunications services

CPC 7543 Connection services

CPC 7549 Other telecommunications services not elsewhere classified (limited to telecommunications transport networks and services)

Type of Reservation:

National Treatment (Article 803)

Description:

Investment

Canada reserves the right to adopt or maintain any measure that may limit competition in the provision of local wireline telephone services in the serving areas of Northwestel Inc.

Existing Measures:

Telecommunications Act, S.C. 1993, c. 38

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Sector:

Fisheries

Sub-Sector:

Fishing and Fishing Related Services and Investment

Industry Classification:

SIC 031 Fishing Industry

SIC 032 Services Incidental to Fishing

CPC 882 Services incidental to fishing

Type of Reservation:

National Treatment (Articles 803, 903)

Most-Favoured-Nation Treatment (Articles 804, 904)

Description:

Cross-Border Trade in Services and Investment

Canada retains the right to adopt or maintain any measure with respect to the issuance of licenses to foreign fishing vessels and with respect to access for foreign fishing vessels to Canada's ports, territorial waters or Exclusive Economic Zone.