Subsector:
Industrial Classification:
Reserved Obligations: Local presence (Article 10.7)
Level of government: National
Measures: Supreme Decree No. 08-95-EF, Official Gazette "El Peruano" of February 5, 1995, Customs Warehouse Regulations, Article 7.
Description: Cross Border Trade in Services
Only natural or legal persons domiciled in Peru may request authorization to operate bonded warehouses.
17. Sector: Telecommunications
Subsector:
Industrial Classification:
Reserved Obligations: National treatment (Article 10.4)
Level of government: National
Measures: Supreme Decree No. 020-2007-MTC, Official Gazette "El Peruano" of July 4, 2007, Texto Único Ordenado del Reglamento General de la Ley de Telecomunicaciones, Article 258.
Description: Cross Border Trade in Services
Call-back is prohibited, understood as the offering of telephone services for the making of attempted telephone calls originating in the country, with the purpose of obtaining a return call with an invitation to dial tone, coming from a basic telecommunications network located outside the national territory.
18. Sector: Transportation
Subsector: Air Transportation
Industrial Classification:
Reserved Obligations: National Treatment (Articles 10.4 and 11.3) Local presence (Article 10.7) Senior executives and boards of directors (Article 11.8)
Level of Government: National
Measures: Law No. 27261, Official Gazette "El Peruano" of May 10, 2000, Civil Aeronautics Law, Articles 75 and 79.
Supreme Decree N° 050-2001-MTC, Official Gazette "El Peruano" of December 26, 2001, Regulation of the Civil Aeronautics Law, Articles 147, 159, 160 and VI Complementary Provision.
Description: Cross Border Trade in Services and Investment
National Commercial Aviation is reserved to Peruvian individuals and legal entities. The term National Commercial Aviation includes specialized air services.
For the purposes of this entry, a Peruvian legal entity is considered to be one that complies with:
a) be incorporated under Peruvian law, indicate in its corporate purpose the commercial aviation activity to which it will be dedicated and have its domicile in Peru, for which it must develop its main activities and install its administration in Peru;
b) at least half plus one of the directors, managers and persons in charge of the control and management of the company must be of Peruvian nationality or have permanent domicile or habitual residence in Peru; and,
c) at least 51 percent of the company's capital stock must be Peruvian-owned, and be under the real and effective control of shareholders or partners of Peruvian nationality with permanent domicile in Peru. (This limitation shall not apply to companies incorporated u n d e r Law No. 24882, which may maintain the percentages of ownership within the margins established therein). Six months after the company's operating permit to provide commercial air transportation services has been granted, the percentage of capital stock owned by foreigners may be up to 70 percent.
In operations carried out by national operators, the personnel performing aeronautical functions on board must be Peruvian. The General Directorate of Civil Aeronautics may, for technical reasons, authorize these functions to foreign personnel for a period not exceeding 6 months from the date of authorization, extendable for proven lack of such trained personnel.
The General Directorate of Civil Aeronautics, after verifying the lack of Peruvian aeronautical personnel, may authorize the hiring of non-resident foreign personnel for the technical management of the aircraft and for the training of Peruvian aeronautical personnel for a term of up to 6 months, extendable according to the proven lack o f Peruvian personnel.
19. Sector: Transportation
Subsector: Water Transportation
Industrial Classification:
Reserved Obligations: National treatment (Articles 10.4 and 11.3) Local presence (Article 10.7) Senior executives and boards of directors (Article 11.8)
Level of Government: National
Measures: Law No. 28583, Law for the Reactivation and Promotion of the National Merchant Marine, Official Gazette "El Peruano" of July 22, 2005, Articles 4.1, 6.1, 7.1, 7.2, 7.4 and.13.6.
Law No. 29475, Law that amends Law No. 28583, Law for the Reactivation and Promotion of the National Merchant Marine, Official Gazette "El Peruano" of December 17, 2009, Article 13.6 and Tenth Transitory and Final Provision.
Supreme Decree No. 028 DE/MGP, Official Gazette "El Peruano" of May 25, 2001, Regulation of Law No. 26620, Article I-010106, paragraph a).
Description: Cross Border Trade in Services and Investment
1. National Shipping Company or National Shipping Company means the natural person of Peruvian nationality or legal entity incorporated in Peru, with main domicile, real and effective headquarters in the country, which is engaged in the service of water transportation in national traffic or cabotage and/or international traffic and is owner or lessee under the modalities of financial lease or bareboat lease, with mandatory purchase option, of at least one Peruvian flag merchant vessel and has obtained the corresponding Operating Permit from the General Directorate of Aquatic Transportation.
2. At least 51 percent of the capital stock of the legal entity, subscribed and paid, must be owned by Peruvian citizens.
3. The Chairman of the Board of Directors, the majority of the Directors and the Chief Executive Officer must be Peruvian nationals and reside in Peru.
4. The captain and crew of the vessels of national shipping companies shall be of Peruvian nationality in their entirety, authorized by the General Directorate of Coast Guard and Coast Guard. In exceptional cases and upon verification of the unavailability of Peruvian personnel duly qualified and experienced in the type of vessel in question, the hiring of services of foreign nationality may be authorized up to a maximum of fifteen percent 15 percent of the total crew of each vessel and for a limited period of time. This exception does not apply to the master of the vessel.
5. To obtain the license of Práctico you must be a Peruvian citizen.
6. Commercial water transportation in national traffic or cabotage is reserved exclusively to Peruvian flag merchant vessels owned by the National Shipping Company or National Shipping Company or under the modalities of financial leasing or bareboat leasing, with mandatory purchase option; except for the following exceptions:
a) The transportation of hydrocarbons in national waters is reserved up to 25 percent for vessels of the Peruvian Navy; and
b) For water transportation between Peruvian ports only and, in cases of non-existence of own or leased vessels under the above mentioned modalities, the chartering of foreign flag vessels will be allowed to be operated, only by National Shipping Companies or National Shipping Companies, for a period not exceeding 6 months.
20. Sector: Transportation
Subsector: Water Transportation
Industrial Classification:
Reserved Obligations: National treatment (Articles 10.4 and 11.3) Local presence (Article 10.7)
Level of Government: National
Measures: Supreme Decree No. 056-2000-MTC, Official Gazette "El Peruano" of December 31, 2000, Provide that maritime and related transportation services performed in bays and port areas must be provided by authorized natural and legal persons, with vessels and artifacts of national flag, Article 1.
Ministerial Resolution Nº 259-2003-MTC/02, Official Gazette "El Peruano" of April 4, 2003, Approving the Regulation of Water Transportation and Related Services Provided in Bay Traffic and Port Areas, Articles 5 and 7.
Description: Cross Border Trade in Services and Investment
The following Water Transportation and Related Services that are performed in bay traffic and port areas, must be rendered by natural persons domiciled in Peru and legal persons incorporated and domiciled in Peru, duly authorized, with vessels and naval artifacts under the Peruvian flag:
• Fuel supply services.
• Mooring and unmooring service.
• Diver Service.
• Ship provisioning service.
• Dredging Service.
• Pilotage service.
• Waste collection service.
• Towing service.
• Personal transportation service
21. Sector: Transportation
Subsector: Water Transportation
Industrial Classification:
Reserved Obligations: Local presence (Article 10.7)
Level of Government: National
Measures: Supreme Resolution No. 011-78-TC-DS, dated February 6, 1978, Regulation of Tourist Transportation Companies.
As qualified by the element Description
Description: Cross Border Trade in Services
Tourist water transportation must be carried out by natural persons domiciled in Peru or legal persons incorporated and domiciled i n Peru.
22. Sector: Services Performed in Port Areas
Subsector: Industrial Classification:
Reserved Obligations: National Treatment (Article 10.4)
Level of Government: National
Measures: Law No. 27866, Official Gazette "El Peruano" of November 16, 2002, Port Labor Law, Articles 3 and 7.
Description: Cross Border Trade in Services
Only Peruvian citizens may register in the Port Workers Registry.
The port worker is the natural person who, under a relationship of subordination to the port employer, performs a specific service aimed at the execution of tasks inherent to port work, such as stevedore, targer, winchman, crane operator, gatekeeper, ship's side lifter and/or other specialties that, according to the particularities of each port, are established by the Regulations of this Law.
23. Sector: Transportation
Subsector: Land Transportation
Industrial Classification:
Obligations Concerned: Local Presence (Article 10.7)
Level of Government: National
Measures: Supreme Decree N° - 017-2009-MTC, Official Gazette "El Peruano" of April 22, 2009, National Transportation Administration Regulations, Article 33, as amended by Supreme Decree N° 006-2010-MTC of January 22, 2010.
Description: Cross Border Trade in Services
The provision of transportation services must provide safety and quality to the user. To this end, it is necessary to have an adequate physical infrastructure, which, as appropriate, includes: offices, land terminals for people or goods, route stations, r o u t e stops, all other infrastructure used for loading, unloading and storage of goods, maintenance workshops and any other infrastructure necessary for the provision of the service.
24. Sector: Transportation
Subsector: Ground transportation
Industrial Classification:
Reserved Obligations: National Treatment (Article 10.4)
Level of Government: National
Measures: The "Agreement on International Land Transportation", signed between the Governments of the Republic of Chile, the Republic of Argentina, the Republic of Bolivia, the Federative Republic of Brazil, the Republic of Paraguay, the Republic of Peru and the Oriental Republic of Uruguay - ATIT, signed in Montevideo, on January 1, 1990.
Description: Cross Border Trade in Services
Foreign vehicles, authorized by Peru in accordance with the ATIT, that carry out international road transportation, may not carry out local transportation (cabotage) in Peruvian territory.
25. Sector: Research and Development Services
Subsector: Archaeological Research Services
Industrial Classification:
Obligations Concerned: National Treatment (Article 10.4)
Level of Government: National
Measures: Supreme Resolution No. 004-2000-ED, Diario Oficial "El Peruano" of January 25, 2000, Reglamento de Investigaciones Arqueológicas, Article 30.
Description: Cross Border Trade in Services
Archaeological research projects directed by a foreign archaeologist must have an archaeologist with accredited experience of Peruvian nationality and registered in the National Register of Archaeologists as co-director or scientific sub-director of the project. The co- director or sub-director will necessarily participate in the integral execution of the project (field and cabinet work).
26. Sector: Energy-Related Services
Subsector:
Industrial Classification:
Obligations Concerned: National Treatment (Article 10.4)
Local presence (Article 10.7)
Level of Government: National
Measures: Law No. 26221, Official Gazette "El Peruano" of August 19, 1993, General Hydrocarbons Law, Article 15.
Description: Cross Border Trade in Services
In order to enter into exploration contracts, foreign companies must establish a branch or incorporate a company in accordance with the General Companies Law, establish domicile in the capital of the Republic of Peru and appoint an agent of Peruvian nationality. Foreign natural persons must be registered in the Public Registries and appoint an attorney-in-fact of Peruvian nationality, with domicile in the capital of the Republic of Peru.
Annex II. Future actions
Annex II. Interpretative Notes
1. Each Party's Schedule indicates, in accordance with paragraph 2 of Articles 10.8 (Nonconforming Measures) and 11.9 (Nonconforming Measures), the reservations taken by that Party with respect to specific sectors, subsectors, or activities for which it may maintain measures in force, or adopt new or more restrictive measures, that are inconsistent with the obligations established by:
a) Article 10.4 or 11.3 (National Treatment);
b) Article 10.5 or 11.4 (Most favored nation treatment);
c) Article 10.7 (Local Presence);
d) Article 11.7 (Performance requirements); or
e) Article 11.8 (Senior executives and boards of directors).
2. Each reserve contains the following elements:
a) Sector refers to the general sector in which the reserve has been taken;
b) Sub-sector refers to the specific sector in which a reserve is taken;
c) Industrial Classification refers, where applicable, to the activity covered by the reservation, in accordance with national industrial classification codes;
d) Reserved Obligations specifies the obligation mentioned in paragraph 1 on which the reservation is taken;
e) Description indicates the scope of the sector, subsectors or activities covered by the reserve; and
f) Measures in force refers, where relevant, to measures in force that apply to the sectors, subsectors or activities covered by the reserve.
3. In the interpretation of a reservation, all its elements will be considered. The Description element shall prevail over the other elements.
4. For the purposes of Mexico's Schedule, the CMAP shall be understood as the digits of the Mexican Classification of Activities and Products, established in the Mexican Classification of Activities and Products, 1994, of the National Institute of Statistics, Geography and Informatics (Instituto Nacional de Estadística, Geografía e Informática).
Annex II. Schedule of Mexico
1. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Reserved: National treatment (Article 10.4)
Level of Government: Federal
Description: Cross Border Trade in Services
Mexico reserves the right to adopt or maintain any measure restricting the acquisition, sale, or other disposition of bonds, treasury securities or any other class of debt instruments issued by federal, state or local governments.