(i) trustee services; and
(ii) custodial services and execution services that are not related to managing a collective investment scheme.
2. Paragraph 1 is subject to Article 10.6.3. 3. For the purposes of paragraph 1, collective investment scheme means:
(a) For Australia, a "managed investment scheme" as defined under section 9 of the Corporations Act 2001 (Cth), other than a managed investment scheme operated in contravention of subsection 601ED (5) of the Corporations Act 2001 (Cth), or an entity that:
(ii) carries on a business of investment in securities, interests in land, or other investments; and
(ii) in the course of carrying on that business, invests funds subscribed, whether directly or indirectly, after an offer or invitation to the public (within the meaning of section 82 of the Corporations Act 2001 (Cth)) made on terms that the funds subscribed would be invested;
(b) For Peru:
(i) mutual funds for investments and securities, pursuant to Legislative Decree N° 861 (Texto Unico Ordenado de la Ley de Mercado de Valores aprobado mediante Decreto Supremo N° 093-2002-EF); or
(ii) investment funds, pursuant to Legislative Decree N° 862 (Decreto Legislativo N° 862, Ley de Fondos de Inversién y sus Sociedades Administradoras).
Article 10.21. Transfer of Information
Each Party shall allow a financial institution of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing if such processing is required in the institution's ordinary course of business. Nothing in this Chapter restricts the right of a Party to adopt or maintain measures to:
(a) protect personal data, personal privacy and the confidentiality of individual records and accounts; or
(b) require a financial institution to obtain prior authorisation from the relevant regulator to designate a particular enterprise as a recipient of such information, based on prudential considerations, (11)
provided that this right is not used as a means of avoiding the Party's commitments or obligations under this Chapter.
Article 10.22. Transparency Considerations
In developing a new regulation of general application to which this Chapter applies, a Party may consider, in a manner consistent with its laws and regulations, comments regarding how the proposed regulation may affect the operations of financial institutions, including financial institutions of the Party or the other Party. These comments may include:
(a) submissions to a Party by the other Party regarding its regulatory measures that are related to the objectives of the proposed regulation; or
(b) submissions to a Party by interested persons, including the other Party or financial institutions of the other Party, with regard to the potential effects of the proposed regulation.
ANNEX 10-A. Cross-border trade
Australia
Insurance and insurance-related services
1. Article 10.6.1 shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 10.1, with respect to:
(a) insurance of risks relating to:
(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising therefrom; and
(Ii) goods in international transit;
(b) reinsurance and retrocession;
(c) consultancy, risk assessment, actuarial and claim settlement services; and
(d) insurance intermediation, such as brokerage and agency, as referred to in subparagraph (c) of the definition of "financial service" in Article 10.1, of insurance of risks related to services listed in subparagraphs (a) and (b) of this paragraph.
Banking and other financial services (excluding insurance)
2. Article 10.6.1 shall apply only with respect to the provision and transfer of financial information, and financial data processing and related software as referred to in subparagraph (0) of the definition of "financial service" in Article 10.1 subject to prior authorisation from the relevant regulator as required; and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services, as referred to in subparagraph (p) of the definition of "financial service" in Article 10.1.
Peru
Insurance and insurance-related services
1. Article 10.6.1 shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 10.1, with respect to:
(a) insurance of risks related to:
(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising there from; and
(Ii) goods in international transit;
(b) reinsurance and retrocession;
(c) consultancy, actuarial, risk assessment and claim settlement services; and
(d) insurance intermediation, such as brokerage and agency, as referred to in subparagraph (c) of the definition of "financial service" in Article 10.1, of insurance of risks relating to services listed in subparagraphs (a) and (b) in this paragraph.
Banking and other financial services (excluding insurance)
2. Article 10.6.1 shall apply only with respect to the provision and transfer of financial information, and financial data processing and related software as referred to in subparagraph (o) of the definition of "financial service" in Article 10.1(12), subject to prior authorisation from the relevant regulator, as required, and advisory and other auxiliary financial services (13), excluding intermediation, relating to banking and other financial services as referred to in subparagraph (p) of the definition of "financial service" in Article 10.1 (Definitions). (14)
ANNEX 10-B. Authorities responsible for financial services
The authorities for each Party responsible for financial services are:
(a) for Australia, the Treasury and the Department of Foreign Affairs and Trade;
(b) for Peru, the Ministry of Economy and Finance (Ministerio de Economia y Finanzas), in coordination with financial regulators.
Chapter 11. Temporary Entry for Business Persons
Article 11.1. Definitions
For the 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;
immigration formality means a visa, permit, pass or other document or electronic authority granting temporary entry;
immigration measure means any measure affecting the entry and stay of foreign nationals; and
temporary entry means entry into the territory of a Party by a business person of the other Party who does not intend to establish permanent residence.
Article 11.2. Scope
1. This Chapter shall apply to measures that affect the temporary entry of business persons of a Party into the territory of the other Party under any of the categories referred to in Annex 11-A.
2. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of the other Party, nor shall it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis.
3. Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party 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 those measures are not applied in a manner as to nullify or impair the benefits accruing to the other Party under this Chapter.
4. The sole fact that a Party requires business persons of the other Party to obtain an immigration formality shall not be regarded as nullifying or impairing the benefits accruing to the other Party under this Chapter.
Article 11.3. Application Procedures
1. Each Party shall, as expeditiously as possible, process complete applications for immigration formalities, including further immigration formality requests or extensions, and inform the applicant of the decision including, if approved, the period of stay and other conditions.
2. At the request of an applicant, a Party that has received a completed application for an immigration formality shall endeavour to promptly provide the applicant with information concerning the status of the application.
3. Each Party shall ensure that fees charged by its competent authorities for the processing of an application for an immigration formality are reasonable.
4. If the competent authorities of a Party require additional information from the applicant in order to process the application, they shall, without undue delay, endeavour to notify the applicant.
Article 11.4. Grant of Temporary Entry
1. Each Party shall set out in Annex 11-A the commitments it makes with regard to temporary entry of business persons, which shall specify the conditions and limitations (1) for entry and temporary stay, including length of stay, for each category of business persons specified by that Party.
2. A Party shall grant temporary entry or extension of temporary stay to business persons of the other Party to the extent provided for in those commitments made pursuant to paragraph 1, provided that those business persons:
(a) follow the granting Party's prescribed application procedures for the relevant immigration formality; and
(b) meet all relevant eligibility requirements for temporary entry or extension of temporary stay.
3. The sole fact that a Party grants temporary entry to a business person of the other Party pursuant to this Chapter shall not be construed to exempt that business person from meeting any applicable licensing or other requirements (2), including any mandatory codes of conduct, to practise a profession or otherwise engage in business activities.
4. A Party may refuse to issue an immigration formality to a business person of the other Party if the temporary entry of that person might affect adversely:
(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 natural person who is involved in such dispute.
5. When a Party refuses pursuant to paragraph 4 to issue an immigration formality, it shall inform the applicant accordingly.
Article 11.5. Provision of Information
1. Further to Article 25.2 (Publication) and Article 25.5 (Provision of Information), each Party shall:
(a) promptly publish online if possible or otherwise make publicly available, information on:
(i) current requirements for temporary entry under this Chapter, including explanatory material and relevant forms and documents that will enable interested persons of the other Party to become acquainted with those requirements; and
(ii) the typical timeframe within which an application for an immigration formality is processed; and
(b) establish or maintain appropriate mechanisms to respond to enquiries from interested persons regarding measures relating to temporary entry covered by this Chapter.
2. The information referred to in subparagraph 1(a) shall include, where applicable, the following information:
(a) types of visa, permit or any similar authorisation regarding entry and temporary stay;
(b) documentation required and conditions to be met; and
(c) method of filing an application and options on where to file, such as consular offices or online.
Article 11.6. Committee on Temporary Entry for Business Persons
The Parties hereby establish a Committee on Temporary Entry for Business Persons, which shall:
(a) meet on request of the Joint Commission to consider any matter arising under this Chapter; and
(b) consider opportunities for the Parties to further facilitate temporary entry of business persons, including through the development of activities undertaken pursuant to Article 11.7.
Article 11.7. Cooperation
The Parties shall consider undertaking mutually agreed cooperation activities, subject to available resources, including by sharing experiences with regulations and the implementation of programmes and technology related to border security, including those related to the use of biometric technology, advanced passenger information systems, frequent passenger programmes and security in travel documents.
Article 11.8. Relation to other Chapters
1. Except for this Chapter, Chapter 1 (Initial Provisions and General Definitions), Chapter 26 (Administrative and Institutional Provisions), Chapter 27 (Dispute Settlement), Chapter 29 (Final Provisions), Article 25.2 (Publication) and Article 25.5 (Provision of Information), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.
2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.
Article 11.9. Dispute Settlement
1. Neither Party shall have recourse to dispute settlement under Chapter 27 (Dispute Settlement) regarding a refusal to grant temporary entry unless:
(a) the matter involves a pattern of practice; and
(b) the business persons affected have exhausted all available administrative remedies regarding the particular matter.
2. The remedies referred to in paragraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the other Party within a reasonable period of time after the date of the institution of proceedings for the remedy, including any proceedings for review or appeal, and the failure to issue such a determination is not attributable to delays caused by the business persons concerned.
ANNEX 11-A. Schedule of australia
The following sets out Australia's commitments in accordance with Article 11.4 in respect of the temporary entry of business persons.
| Description of Category | Conditions and Limitations (including length of stay) |
| A. Business Visitors | |
| Definition: Business Visitors comprise: (a) business persons seeking to travel to Australia for business purposes, including for investment purposes, whose remuneration and financial support for the duration of the visit must be derived from sources outside Australia and who must not engage in making direct sales to the general public or in supplying goods or services themselves; and (b) service sellers, being business persons who are not based in Australia and whose remuneration and financial support for the duration of the visit must be derived from sources outside Australia, and who are sales representatives of a service supplying enterprise, seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service supplier. | Entry is for periods of stay up to a maximum of three months. Entry is for an initial stay of six months and up to a maximum of 12 months. |
| B. Installers and Servicers | |
| Definition: A business person of Peru who is an Installer or Servicer of machinery or equipment, where such installation or servicing by the supplying enterprise is a condition of purchase under contract of the said machinery or equipment, and who must not perform services which are not related to the installation or servicing activity which is the subject of the contract. | Entry is for periods of stay up to a maximum of three months. |
| C. Intra-Corporate Transferees | |
| In accordance with, and subject to, Australia’s laws and regulations, Australia shall, upon application, grant the right of temporary entry, movement and work to the accompanying spouse or dependants of a business person that is granted temporary entry or an extension of temporary stay under these commitments. | |
| Definition: A business person of Peru employed by an enterprise of Peru established in Australia through a branch, subsidiary or affiliate which is lawfully and actively operating in Australia, who is transferred to fill a position in the branch, subsidiary or affiliate of the enterprise in Australia, and who is: (a) an executive or a senior manager, who is a business person responsible for the entire or a substantial part of the operations of the enterprise in Australia, receiving general supervision or direction principally from higher-level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise; or (b) a specialist, who is a business person with advanced trade, technical or professional skills and experience who is assessed as having the necessary qualifications, or alternative credentials accepted as meeting Australia’s domestic standards for the relevant occupation, and who must have been employed by the employer for not less than two years immediately preceding the date of the application for temporary entry. | Temporary entry of such business persons is subject to employer sponsorship. Full details of employer sponsorship requirements, including the list of eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at entry into force, the address of that website was -homeaffairs.gov.au). Sponsorship requirements, including eligible occupations, may change from time to time. Entry for executives and senior managers is for a period of stay up to four years, with the possibility of further stay. Entry for specialists is for a period of stay up to two years, with the possibility of further stay. Temporary entry of spouses and dependants is for the same period as the business persons concerned. |
| D. Independent Executives | |
| In accordance with, and subject to, Australia’s laws and regulations, Australia shall, upon application, grant the right of temporary entry, movement and work to the accompanying spouse or dependants of a business person that is granted temporary entry or an extension of temporary stay under these commitments. | |
| Definition: A business person of Peru whose work responsibilities match the description set out below and who intend, or are responsible for, the establishment in Australia of a new branch or subsidiary of an enterprise which has its head of operations in the territory of Peru and which has no other representative, branch or subsidiary in Australia. Independent Executives will be responsible for the entire or a substantial part of the enterprise’s operations in Australia, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise. | Temporary entry of such business persons is subject to employer sponsorship. Full details of employer sponsorship requirements, including the list of eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at entry into force, the address of that website was -homeaffairs.gov.au). Sponsorship requirements, including eligible occupations, may change from time to time. Entry is for periods of stay up to a maximum of two years. Temporary entry of spouses and dependants is for the same period as the business persons concerned. |
| E. Contractual Service Suppliers | |
| In accordance with, and subject to, Australia’s laws and regulations, Australia shall, upon application, grant the right of temporary entry, movement and work to the accompanying spouse or dependants of a business person that is granted temporary entry or an extension of temporary stay under these commitments. | |
| Definition: Business persons of Peru with trade, technical or professional skills and experience who are assessed as having the necessary qualifications, skills and work experience accepted as meeting the domestic standard in Australia for their nominated occupation, and who are: (a) employees of an enterprise of Peru that has concluded a contract for the supply of a service within Australia and that does not have a commercial presence within Australia; or (b) engaged by an enterprise lawfully and actively operating in Australia in order to supply a service under a contract within Australia. | Temporary entry of such business persons is subject to employer sponsorship. Full details of employer — sponsorship requirements, including the list of eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at entry into force, the address of that website was -homeaffairs.gov.au). Employer sponsorship requirements, including the list of eligible occupations, may change from time to time. Temporary entry of such businesses persons may be subject to labour market testing requirements. If Australia enters into any agreement with a non-Party after the date of entry into force of this Agreement that provides more favourable treatment with respect to labour market testing for contractual service suppliers of that non-Party, Australia will notify Peru of this development, and the Parties shall then initiate a review, with a view to Australia extending, under this Agreement, treatment no less favourable than that provided under the agreement with the non-Party with respect to labour market testing. The Parties shall commence such a review within three months following the date of entry into force of the international agreement with the non-Party and will conduct the review with the aim of concluding it within six months following the same date. Entry is for periods of stay up to two years, with the possibility of further stay. Temporary entry of spouses and dependants is for the same period as the business persons concerned. |
ANNEX 11-A. Schedule of peru
The following sets out Peru's commitments in accordance with Article 11.4 in respect of the temporary entry of business persons.
| Description of Category | Conditions and Limitations (including length of stay) |
| A. Business Visitors | |
| Definition: Business Visitor means a business person seeking to travel to Peru for business purposes, including for: (a) attending meetings or conferences; (b) performing commercial transactions (1), but not selling goods or providing services to the general public; or (c) undertaking business consultations concerning the establishment, expansion or winding up of an enterprise in Peru. The primary source of income for the proposed business activity is outside Peru, and the business person’s principal place of business and the actual place of accrual of profits, at least predominantly, remain outside Peru. | Length of Stay: Up to 183 days. |
| (1) In the case of financial services activities, this Category only includes financial services personnel of an enterprise located in the other Party, engaging in financial services, where the provision of such financial services does not require the authorisation of the competent authority of Peru or where Peru has explicitly made commitments for such financial services in Annex 10-A.1 (Cross-Border Trade). | |
| B. Intra-Corporate Transferees | |
| Definition: Intra-Corporate Transferee means a business person employed by an enterprise abroad, who is transferred to Peru to supply services as an employee” of the headquarters, subsidiary or affiliate of that enterprise, pursuant to a labour contract approved by the Labour Administrative Authority. For the purposes of this Category, the business person supplies services as: (a) an 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, or stockholders of the business. (b) a 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 day-to-day operations. (c) a Specialist means a business person who possesses specialised knowledge of the company’s products or services and applies it 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. In accordance with, and subject to, Peru’s laws and regulations, a spouse of an Intra- corporate transferee shall, upon application, be granted temporary entry, provided that the spouse follows Peru’s prescribed application procedures for the relevant immigration formality and meets all relevant eligibility requirements for such temporary . | The labour contract approval by the Labour Administrative Authority implies an evaluation of the following quotas on the hiring of foreigners: (a) foreign natural persons may not represent more than 20 per cent of the total number of employees of an enterprise; and (b) their pay may not exceed 30 per cent of the total payroll for wages and salaries of the enterprise. Length of Stay: Intra-Corporate Transferees: Up to one year, renewable upon request, for consecutive , to the extent that the conditions which motivated its granting are maintained. Spouses: The length of stay is subject to Peru’s laws and regulations. |
| (2) For greater certainty, the business person transferred shall provide services under a subordinate relationship in Peru. | |
| (3) For greater certainty, the renewal for consecutive periods of one year can result in a stay of four years or more, to the extent that the conditions that motivated the granting are maintained. | |
| (4) Such temporary entry does not imply an authorisation to perform the activities allowed under the Category of Intra-Corporate Transferee nor to perform remunerated activities. | |
| C. Investors | |
| Definition: Investor means a business person seeking to establish or develop an investment in Peru, to which the business person or the business person’s enterprise has committed, or is in the process of committing, a substantial amount of capital, established by the immigration legislation. In accordance with, and subject to, Peru’s laws and regulations, a spouse of an Investor shall, upon application, be granted temporary entry, provided that the spouse follows Peru’s prescribed application procedures for the relevant immigration formality and meets all relevant eligibility requirements for such temporary . | Length of Stay: Investors: Up to one year, renewable upon request, for consecutive periods, to the extent that the conditions which motivated its granting are maintained. Spouses: The length of stay is subject to Peru’s laws and regulations. |
| (5) Such temporary entry does not imply an authorisation to perform the activities allowed under the Category of Investor nor to perform remunerated activities. | |
| D. Professionals | |
| Definition: Professional means a business person seeking to engage, at a professional level, as an independent professional or as a contractual service supplier, in any occupation not included in the following list: (a) occupations related to Health, Education, Social and Community Services; and (b) Judges, Lawyers and Notaries except foreign legal consultants. The Professional is engaged in a specialty occupation requiring: (a) theoretical and practical application of a body of specialised knowledge; and (b) attainment of a post-secondary degree, requiring five years of study, or the equivalent of such a degree, as a minimum for entry into the occupation; and of the appropriate educational and other qualifications relevant to the service to be provided. For the purposes of this Category: Independent Professional means a professional who: (a) is a self-employed services supplier who supplies services pursuant a service contract with a person of Peru; and receives his incomes from a person of Peru; and (b) Contractual Service Supplier means a professional who: (a) is engaged in the supply of a contracted service as an employee of a juridical person that has no commercial presence in Peru, where the juridical person obtains a service contract from a juridical person of Peru; and (b) is required to receive no remuneration from a juridical person located in Peru. For greater certainty, “contractual service supplier” includes a business person who is an installer or servicer of machinery or equipment, where such installation or servicing by the supplying company is a condition of purchase of the said machinery or equipment. An installer or servicer cannot perform services which are not related to the service activity which is the subject of the contract. | Length of Stay: Independent Professionals: up to one year, renewable for consecutive periods, the number of times that it is requested, to the extent that the conditions which motivated its granting are maintained. Contractual Service Suppliers: up to 90 days, renewable for one year. |
| E. Technicians | |
| Definition: Technician means a business person seeking to engage, at a technical level, as an independent technician or as a contractual service supplier, in any of the following activities: (a) Civil, Electrical, Electronics, Mechanical and Industrial Engineering Technicians; (b) Construction Technicians; (c) Engineering Inspectors, Testers and Regulatory Officers; (d) supervisors in the following: Machinists and Related Occupations; Printing and Related Occupations; Mining and Quarrying; Oil and Gas Drilling and Service; Mineral and Metal Processing; Petroleum, Gas and Chemical Processing and Utilities; Food, Beverage, and Tobacco Processing; Plastic and Rubber Products Manufacturing; Forest Products Processing; Textile Processing; (e) contractors and supervisors in the following: Electrical Trades and Telecommunications Occupations; Pipefitting Trades; Metal Forming, Shaping and Erecting Trades; Carpentry Trades; Mechanic Trades; Heavy Construction Equipment Crews; Mining and Extraction Equipment Personnel; Other Construction Trades, Installers, Repairers and Servicers; (f) Electricians; (g) Plumbers; (h) Industrial Instrument Technicians and Mechanics; (i) Aircraft Instrument, Electrical, and Avionics Mechanics, Technicians, and Inspectors; (j) Oil and Gas Well Drillers, Servicers and Testers; (k) Graphic Designers and Ilustrators; (l) Interior Designers; (m) Chefs; (n) Computer and Information Systems Technicians; (o) Industrial Designers; (p) Drafting Technologists and Technicians; (q) Land Survey Technologists and Technicians; (r) Technical occupations in Geomatics and Meteorology; (s) Architectural Technologists and Technicians; (t) International Purchasing and Selling Agents. The Technician is engaged in a specialty occupation requiring: (a) theoretical and practical application of a body of specialised knowledge; and (b) attainment of a post-secondary degree, requiring three years of study, or the equivalent of such a degree, as a minimum for entry into the occupation; and of the appropriate educational and other qualifications relevant to the service to be provided. For the purposes of this Category: Independent Technician means a technician who: (a) is a self-employed services supplier who supplies services pursuant a service contract with a person of Peru; and receives his income from a person of Peru; and (b) Contractual Service Supplier means a technician who: (a) is engaged in the supply of a service, as an employee of a juridical person that has no commercial presence in Peru, where the juridical person obtains a service contract from a juridical person of Peru; and (b) _ is required to receive no remuneration from a juridical person located in Peru. For greater certainty, “contractual service supplier” includes a business person who is an installer or servicer of machinery or equipment, where such installation or servicing by the supplying company is a condition of purchase of the said machinery or equipment. An installer or servicer cannot perform services which are not related to the service activity which is the subject of the contract. | Length of Stay: Independent Technicians: up to one year, renewable upon request, for consecutive periods, to the extent that the conditions which motivated its granting are maintained. Contractual Service Suppliers: up to 90 days, renewable for one year. |
Chapter 12. Telecommunications
Article 12.1. Definitions
For the purposes of this Chapter:
cost-oriented means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services;
end-user means a final consumer of or subscriber to a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;
enterprise means an enterprise as defined in Article 1.3 (General Definitions) and a branch of an enterprise;
essential facilities means facilities of a public telecommunications network or service that:
(a) are exclusively or predominantly provided by a single or limited number of suppliers; and
(b) cannot feasibly be economically or technically substituted in order to supply a service;
interconnection means linking with suppliers providing public telecommunications services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;
international mobile roaming service means a commercial mobile service provided pursuant to a commercial agreement between suppliers of public telecommunications services that enables end-users to use their home mobile handset or other device for voice, data or messaging services while outside the territory in which the end-user's home public telecommunications network is located;
leased circuit means a telecommunications facility between two or more designated points that is set aside for the dedicated use of, or availability to, a user;
licence means any authorisation that a Party may require of a person, in accordance with its laws and regulations, in order for that person to offer a telecommunications service, including concessions, permits or registrations;
major supplier means a supplier of public telecommunications services that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for public telecommunications services as a result of:
(a) control over essential facilities; or
(b) use of its position in the market;
network element means a facility or equipment used in supplying a public telecommunications service, including features, functions and capabilities provided by means of that facility or equipment;
non-discriminatory means treatment no less favourable than that accorded to any other user of like public telecommunications services in like circumstances, including with respect to timeliness;
number portability means the ability of end-users of public telecommunications services to retain, at the same location, the same telephone numbers when switching between the same category of suppliers of public telecommunications services;
physical co-location means physical access to and control over space in order to install, maintain or repair equipment, at premises owned or controlled and used by a major supplier to provide public telecommunications services;
public telecommunications network means telecommunications infrastructure used to provide public telecommunications services between defined network termination points;
public telecommunications service means any telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally. These services may include telephone and data transmission typically involving transmission of customer-supplied information between two or more defined points without any end-to-end change in the form or content of the customer's information;
reference interconnection offer means an interconnection offer extended by a major supplier and filed with, approved by or determined by a telecommunications regulatory body, that sufficiently details the terms, rates and conditions for interconnection so that a supplier of public telecommunications services that is willing to accept it may obtain interconnection with the major supplier on that basis, without having to engage in negotiations with the major supplier concerned;
telecommunications means the transmission and reception of signals by any electromagnetic means, including by photonic means;
telecommunications regulatory body means a body or bodies responsible for the regulation of telecommunications;
user means a service consumer or a service supplier; and
virtual co-location means an arrangement whereby a requesting supplier that seeks co-location may specify equipment to be used in the premises of a major supplier but does not obtain physical access to those premises and allows the major supplier to install, maintain and repair that equipment.
Article 12.2. Scope
1. This Chapter shall apply to:
(a) any measure relating to access to and use of public telecommunications services;
(b) any measure relating to obligations regarding suppliers of public telecommunications services; and
(c) any other measure relating to telecommunications services.
2. This Chapter shall not apply to any measure relating to broadcast or cable distribution of radio or television programming, except that:
(a) Article 12.4 shall apply with respect to a cable or broadcast service supplier's access to and use of public telecommunications services; and
(b) Article 12.21 shall apply to any technical measure to the extent that the measure also affects public telecommunications services.
3. Nothing in this Chapter shall be construed to:
(a) require a Party, or require a Party to compel any enterprise, to establish, construct, acquire, lease, operate or provide a telecommunications network or service not offered to the public generally; (1)
(b) require a Party to compel any enterprise exclusively engaged in the broadcast or cable distribution of radio or television programming to make available its broadcast or cable facilities as a public telecommunications network; or
(c) prevent a Party from prohibiting a person who operates a private network from using its private network to supply a public telecommunications network or service to third persons.
4. Annex 12-A includes additional provisions relating to the scope of this Chapter.