Subsector: Performing Arts Visual Arts Music Industry Publishing Industry
Industrial Classification:
Obligations Reserved: National treatment (Article 10.4) Performance requirements (Article 11.7)
Description: Trade Cross Border Trade from Services and Investment
Peru reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support for the development and production of jewelry design, performing arts, visual arts, music and publishing on the achievement of a certain level or percentage of domestic creative content.
Measures in force:
8. Sector: Audiovisual Industry. Publishing Industry. Music Industry
Subsector:
Industrial Classification:
Obligations Reserved: National Treatment (Articles 10.4 and 11.3) Most-favored-nation treatment (Articles 10.5 and 11.4)
Description: Trade Cross Border Trade from Services and Investment
Peru reserves the right to adopt or maintain any measure that grants to a natural or juridical person of Mexico the same treatment granted to a Peruvian natural or juridical person in the audiovisual, publishing and music sector by Mexico.
Measures in force:
9. Sector: Social Services
Subsector:
Industrial Classification:
Obligations Reserved: National Treatment (Articles 10.4 and 11.3) Most-favored-nation treatment (Articles 10.5 and 11.4) Local presence (Article 10.7) Performance requirements (Article 11.7) Senior executives and boards of directors (Article 11.8)
Description: Trade Cross Border Trade from Services and Investment
Peru reserves the right to adopt or maintain any measure with respect to the enforcement of laws and the provision of social rehabilitation services as well as the following services, insofar as they are social services that are established or maintained in the public interest: income insurance and security, social security services, social welfare, public education, public training, health and child care.
Measures in force:
10. Sector: Public Drinking Water Service
Subsector:
Industry Classification:
Obligations Reserved: Local Presence (Article 10.7)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to public drinking water service.
Measures in force:
11. Sector: Public Sewerage Service
Subsector:
Industry Classification:
Obligations Reserved: Local Presence (Article 10.7)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure related to the public sewerage service.
Measures in force:
12. Sector: Education
Subsector:
Industrial Classification:
Reserved Obligations: National Treatment (Article 10.4) Most favored nation treatment (Article 10.5) Local presence (Article 10.7)
Description:
Measures in force:
Cross Border Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to natural persons who provide educational services, including teachers and auxiliary personnel who provide educational services in the stages of basic education and higher education, including technical-productive education, and other persons who provide services related to education, including promoters of educational institutions at any level or stage of the educational system.
13. Sector: Transportation
Subsector: Road Transportation Services
Industrial Classification:
Reserved Obligations: National Treatment (Article 10.4)
Description: Cross Border Trade in Services
Peru reserves the right to adopt or maintain any measure authorizing only Peruvian natural or juridical persons to provide land transportation services of goods or persons within the territory of the Republic of Peru (cabotage). For these purposes, the companies must use the Peruvian vehicle fleet.
Measures in force:
14. Sector: Transportation
Subsector: Road Transportation Services
Industrial Classification:
Reserved Obligations: National Treatment (Articles 10.4 and 11.3) Most-Favored-Nation Treatment (Article 10.5) Local presence (Article 10.7)
Description: Cross Border Trade in Services and Investment
Peru reserves the right to adopt or maintain any measure related to international land transportation operations of cargo or passengers in border areas.
In addition, Peru reserves the right to adopt or maintain the following limitations on the supply of international land transportation services from Peru:
1. the service provider must be a Peruvian natural or legal person;
2. have a real and effective domicile in Peru; and
3. in the case of a legal entity, be legally incorporated in Peru and have more than 50 percent of its capital stock and effective control in the hands of Peruvian nationals.
Measures in force:
15. Sector: All sectors
Subsector:
Industrial Classification:
Reserved Obligations: National treatment (Article 10.4) Most-Favored-Nation Treatment (Article 10.5) Local presence (Article 10.7)
Description: Cross Border Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to government grants or donations, including government-supported loans, guarantees and insurance.
Measures in force:
Annex IV. Measures in force:
Exceptions to most-favored-nation treatment
Mexico's Schedule
1. Mexico exempts the application of Article 11.4 (Most-Favored-Nation Treatment) to treatment granted under all international agreements in force prior to January 1, 1994.
2. With respect to those international agreements in force or signed after January 1, 1994, Mexico exempts the application of Article 11.4 (Most-Favored- Nation Treatment) to the treatment granted u n d e r those agreements with respect to:
a) aviation
b) fishing; or
c) maritime affairs, including salvage.
3. Article 11.4 (Most-Favored-Nation Treatment) does not apply to any present or future international cooperation programs to promote economic development, such as those governed by the Energy Cooperation Program for Central American and Caribbean Countries (San José Agreement) and the various OECD Export Credit instruments.
Annex V. Activities reserved to the State List of Mexico
Section 1. Activities Reserved to the Mexican State
Mexico reserves the right to perform exclusively and refuse to authorize the establishment of investments in the following activities, except as set forth in its Annex I list:
1. Oil, Other Hydrocarbons and Basic Petrochemicals
a) Description of activities
i) Exploration and exploitation of crude oil and natural gas; refining or processing of crude oil and natural gas; and production of artificial gas, basic petrochemicals and their inputs and pipelines; and
ii) Transportation, storage and distribution, up to and including the first-hand sale of the following goods: crude oil, artificial gas; energy goods and basic petrochemicals obtained from the refining or processing of crude oil; and basic petrochemicals; and
iii) Foreign trade, up to and including the first-hand sale of the following goods: crude oil; artificial gas, energy goods and basic petrochemicals obtained from the refining or processing of crude oil.
b) Measures:
- Political Constitution of the United Mexican States, Articles 25, 27 and 28
- Regulatory Law of Article 27 of the Constitution in the Oil Sector
- Law of Petróleos Mexicanos
- Foreign Investment Law
2. Electricity
a) Description of activities: the provision of public electricity services in Mexico, including the generation, transmission, transformation, distribution and sale of electricity.
b) Measures:
- Political Constitution of the United Mexican States, Articles 25, 27 and 28
- Electric Energy Public Service Law
- Foreign Investment Law
3. Nuclear Energy and Radioactive Minerals Processing
a) Description of activities: exploration, exploitation and processing of radioactive minerals, t h e nuclear fuel cycle, nuclear power generation, transport and storage of nuclear waste, use and reprocessing of nuclear fuel and regulation of its applications for other purposes, as well as the production of heavy water.
b) Measures:
- Political Constitution of the United Mexican States, Articles 25, 27 and 28
- Regulatory Law of Article 27 of the Constitution on Nuclear Matters
- Foreign Investment Law
4. Telegraph Service Measurements:
- Political Constitution of the United Mexican States, Articles 25 and 28
- Law of General Roads of Communication
- Foreign Investment Law
5. Radiotelegraphy Services Measurements:
- Political Constitution of the United Mexican States, Articles 25 and 28
- Law of General Roads of Communication
- Foreign Investment Law
6. Postal Service
a) Description of activities: operation, administration and organization of first class correspondence.
b) Measures:
- Political Constitution of the United Mexican States, Articles 25 and 28
- Mexican Postal Service Law
- Foreign Investment Law
7. Banknote Issuance and Minting of Measured Coins:
- Political Constitution of the United Mexican States, Articles 25 and 28
- Banco de México Law
- Mexican Mint Law
- Monetary Law of the United Mexican States
- Foreign Investment Law
8. Control, Inspection and Surveillance of Maritime and Land Ports Measures:
- Maritime Navigation and Commerce Law
- Port Law
- Law of General Roads of Communication
- Foreign Investment Law
9. Control, Inspection and Surveillance of Airports and Heliports Measures:
- Law of General Roads of Communication
- Airport Law
- Foreign Investment Law
The measures referred to are included for transparency purposes and include any measures subordinated to, adopted or maintained under the authority of, and compatible with, such measures.
Section 2. Deregulation of Activities Reserved to the Mexican State
1. The activities set forth in Section 1 are reserved to the Mexican State and private equity investment is prohibited under Mexican law. If Mexico permits the participation of private investment in such activities through service contracts, concessions, loans or any other type of contractual acts, such participation may not be construed as affecting the reservation of the State in such activities.
2. If Mexican law is amended to permit private capital investment in the activities listed in Section 1, Mexico may impose restrictions on the participation of foreign investment notwithstanding Article 11.3 (National Treatment) and must indicate them in Annex I (Nonconforming Measures). Mexico may also impose exceptions to Article 11.3 (National Treatment) with respect to the participation of foreign investment in the case of sale of assets or equity participation of an enterprise involved in the activities set forth in Section 1 shall be indicated in such Annex.
Section 3. Activities Previously Reserved to the Mexican State
In those activities that were reserved to the Mexican State as of January 1, 1992, and that ceased to be reserved to the Mexican State as of January 1, 1994, Mexico may restrict in favor of enterprises with a majority participation of Mexican nationals, as defined in the Mexican Constitution, the initial sale of assets or the State's own participation. For a period not to exceed 3 years from the initial sale, Mexico may restrict transfers of such assets or equity interest in favor of other enterprises with a majority ownership of Mexican nationals, as defined in the Mexican Constitution. Upon expiration of such period, the national treatment objections contained in Article 11.3 (National Treatment) shall apply. This provision is subject to Article 11.9 (Nonconforming Measures).