Obligations Concerned:
National Treatment (Article 8.4 and Article 9.3)Local Presence (Article 9.6)
Level of Government: Central
Measures: Supreme Decree N° 003-2011-IN, "El Peruano" Official Gazette of March 31, 2011, Regulation of Private Security Services (Reglamento de Servicios de Seguridad Privada), Articles 12, 18, 22, 36, 40, 41, 46, 47 and 48
Description: Investment and Cross-Border Trade in Services
The supply of personal and heritage security services by natural persons is reserved to Peruvian nationals.
Only juridical persons constituted in Peru may apply for an authorisation to supply security services. It must prove its constitution in Peru by a copy of the registration form of the constitution for the enterprise.
Sector: Recreational, Cultural and Sporting Services
Sub-Sector: National artistic audio-visual production services
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Law N° 28131, "El Peruano" Official Gazette of December 18, 2003, Law of the Artist and Performer(Ley del Artista, Intérprete y Ejecutante), Articles 23 and 25
Description: Cross-Border Trade in Services
Any domestic artistic audio-visual production must be comprised of at least 80 per cent Peruvian national artists.
Any domestic artistic live performances must be comprised of at least 80 per cent Peruvian national artists.
In any domestic artistic audio-visual production and any domestic artistic live performance, Peruvian national artists shall receive no less than 60 per cent the total payroll for wages and salaries paid to artists.
The same percentages established in the preceding paragraphs shall govern the work of technical personnel involved in artistic activities.
Sector: Recreational, Cultural and Sporting Services
Sub-Sector: Circus services
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Law Nº 28131, "El Peruano" Official Gazette of December 18, 2003, Law of the Artist and Performer(Ley del Artista, Intérprete y Ejecutante), Article 26
Description: Cross-Border Trade in Services
A foreign circus may stay in Peru with its original cast for a maximum of 90 days. This period may be extended for the same period of time. If it is extended, the foreign circus will include a minimum of 30 per cent Peruvian nationals as artists and 15 per cent Peruvian nationals as technicians. The same percentages shall apply to the payroll of salaries and wages.
Sector: Commercial Advertising Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Law Nº 28131, "El Peruano" Official Gazette of December 18, 2003, Law of the Artist and Performer(Ley del Artista, Intérprete y Ejecutante), Articles 25 and 27.2
Description: Cross-Border Trade in Services
Commercial advertising produced in Peru must have at least 80 per cent Peruvian national artists.
In any commercial advertising produced in Peru, Peruvian national artists shall receive no less than 60 per cent of the total payroll for wages and salaries paid to artists.
The same percentages established in the preceding paragraphs shall govern the work of technical personnel involved in commercial advertising.
Sector: Recreational, Cultural and Sporting Services
Sub-Sector: Bullfighting
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Law N° 28131, "El Peruano" Official Gazette of December 18, 2003, Law of the Artist and Performer(Ley del Artista, Intérprete y Ejecutante), Article 28
Description: Cross-Border Trade in Services
At least one bullfighter of Peruvian nationality must participate in any bullfighting fair. At least one apprentice bullfighter of Peruvian nationality must participate in fights involving young bulls.
Sector: Radio and Television Broadcasting Services
Sub-Sector:
Obligations Concerned: Performance Requirements (Article 8.10)National Treatment (Article 9.3)
Level of Government: Central
Measures: Law N° 28131, "El Peruano" Official Gazette of December 18, 2003, Law of the Artist and Performer (Ley del Artista, Intérprete y Ejecutante), Articles 25 and 45
Description: Investment and Cross-Border Trade in Services
Free to air radio and television broadcast companies must dedicate at least 10 per cent of their daily programming to folklore and national music and to series or programs produced in Peru on Peruvian history, literature, culture or current issues with artists hired in the following percentages:
- a minimum of 80 per cent Peruvian national artists;
- Peruvian national artists shall receive no less than 60 per cent of the total payroll for wages and salaries paid to artists; and
- the same percentages established in the preceding paragraphs shall govern the work of technical personnel involved in artistic activities.
Sector: Customs Warehouses Services
Sub-Sector:
Obligations Concerned: Local Presence (Article 9.6)
Level of Government: Central
Measures: Supreme Decree Nº 08-95-EF, "El Peruano" Official Gazette of February 5, 1995, Approve the Regulation of Customs Warehouses (Aprueban el Reglamento de Almacenes Aduaneros), Article 7
Description: Cross-Border Trade in Services
Only natural or juridical persons domiciled in Peru may apply for an authorisation to operate a customs warehouse.
Sector: Telecommunications Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Supreme Decree N° 020-2007-MTC, "El Peruano" Official Gazette of July 04, 2007, Consolidated Text of the General Rules of the Telecommunications Law (Texto Autentico Ordenado del Reglamento General de la Ley de Telecomunicaciones), Article 258
Description: Cross-Border Trade in Services
Call-back, understood as being the offer of telephone services for the realisation of attempts to make calls originating in Peru with the objective of obtaining a return call with an invitation to dial, coming from a basic telecommunications network located outside the national territory, is prohibited.
Sector: Transportation
Sub-Sector: Air Transportation and Specialty Air Services
Obligations Concerned: National Treatment (Article 8.4 and Article 9.3)Senior Management and Boards of Directors (Article 8.11)Local Presence (Article 9.6)
Level of Government: Central
Measures: Law N° 27261, "El Peruano" Official Gazette of May 10, 2000, Civil Aviation Law (Ley de Aeronáutica Civil), Articles 75 (modified by Legislative Decree N° 999, 19 April 2008) and 79Peruvian Aviation RegulationN° 61 (Regulación Aeronáutica del Perú – RAP N° 61), "El Peruano" Official Gazette of December 14, 2013.Supreme Decree N° 050-2001-MTC, "El Peruano" Official Gazette of December 26, 2001, Regulation of the Civil Aviation Law (Reglamento de la Ley de Aeronáutica Civil), Articles 159, 160 and VI Complementary Provision.
Description: Investment and Cross-Border Trade in Services
National Commercial Aviation (2) is reserved to a Peruvian natural or juridical person.
For the purposes of this entry, a Peruvian juridical person is an enterprise that fulfils the following requirements:
- it is constituted under Peruvian law, specifies commercial aviation as its corporate purpose, is domiciled in Peru, and has its principal activities and administration located in Peru;
- at least half plus one of the directors, managers and persons who control and manage the enterprise are Peruvian nationals or have permanent domicile or are resident in Peru; and
- at least 51 per cent of the capital stock must be owned by Peruvian nationals and be under the real and effective control of Peruvian shareholders or partners permanently domiciled in Peru (this limitation shall not apply to the enterprises constituted under Law Nº 24882, which may maintain the ownership percentages set in such law). Six months after the date of authorisation of the enterprise to provide commercial air transportation services, foreign nationals may own up to 70 per cent of the capital stock of the enterprise.
In those operations conducted by national commercial aviation operators (explotadores nacionales), personnel performing aeronautical functions on board must be Peruvian nationals or foreign residents with a Peruvian licence.
In order to perform activities as a pilot of a Peruvian juridical person, the foreign pilot must prove, at least, two years of residence in Peru. This requirement is not applicable to the foreign resident who has the immigration category of "spouse" of a Peruvian national.
Notwithstanding the preceding paragraphs, the General Directorate of Civil Aviation (Dirección General de Aeronáutica Civil) may, for technical reasons, authorise foreign personnel without a Peruvian licence to perform these functions for a period not to exceed six months from the date on which the authorisation was granted, extendable due to ascertained nonexistence of such skilled personnel.
Sector: Transportation
Sub-Sector: Aquatic transportation
Obligations Concerned: National Treatment (Article 8.4 and Article 9.3)Senior Management and Boards of Directors (Article 8.11)Local Presence (Article 9.6)Performance Requirements (Article 8.10)
Level of Government: Central
Measures: Law Nº 28583, "El Peruano" Official Gazette of July 22, 2005, Law of the Reactivation and Promotion of the National Merchant Marine (Ley de Reactivación y Promoción de la Marina Mercante Nacional), Articles 4.1, 6.1, 7.1, 7.2, 7.4 and 13.6Law Nº 29475, Law that modifies Law Nº 28583, "El Peruano" Official Gazette of December 17, 2009, Law of the Reactivation and Promotion of the National Merchant Marine(Ley de Reactivación y Promoción de la Marina Mercante Nacional), Article 13.6 and Tenth Transitory and Final ProvisionLaw N° 30580, Law that modifies Law Nº 29475, Law of the Reactivation and Promotion of the National Merchant Marine, for Promoting Cabotage in Foreign Trade Operations (Ley de Reactivación y Promoción de la Marina Mercante Nacional, para Promover el Cabotaje en las Operaciones de Comercio Exterior), Articles 1 and 2.Supreme Decree Nº 028 DE/MGP, "El Peruano" Official Gazette of May 25, 2001, Regulation of the Law Nº 26620 (Reglamento de la Ley Nº 26620), Article I-010106, paragraph (a)
Description: Investment and Cross-Border Trade in Services
A "national ship owner" or "national ship enterprise" is understood as a natural person of Peruvian nationality or juridical person constituted in Peru, with its principal domicile and real and effective headquarters in Peru, whose business is to provide services in water transportation in national traffic or sabotage (3) or international traffic and who is the owner or lessee under a financial lease or a bareboat charter, with an obligatory purchase option, of at least one Peruvian flag merchant vessel and that has obtained the relevant Operation Permit from the General Aquatic Transport Directorate (Dirección General de Transporte Acuático).
At least 51 per cent of the subscribed and paid-in capital stock must be owned by Peruvian citizens.
The Chair of the Board of Directors, the majority of the directors, and the General Manager must be Peruvian nationals and residents in Peru.
The captain and crew of Peruvian-flagged vessels must be entirely Peruvian nationals authorised by the General Directorate of Captaincy and Coastguards (Dirección General de Capitanías y Guardacostas). In exceptional cases and after ascertaining that there is no Peruvian qualified personnel with experience in that type of vessel available, foreign nationals may be hired to a maximum of 15 per cent of the total crew, and for a limited period of time. The latter exception does not include the captain of the vessel.
Only a Peruvian national may be a licensed harbour pilot.
Cabotage is exclusively reserved to Peruvian flagged merchant vessels owned by a national ship owner or national ship enterprise or leased under a financial lease or a bareboat charter, with an obligatory purchase option, except that:
- up to 25 per cent of the transport of hydrocarbons in national waters is reserved for the ships of the Peruvian Navy; and
- foreign-flagged vessels may be operated exclusively by national ship owners or national ship enterprises for a period of three years for water transportation exclusively between Peruvian ports or cabotage when such an entity does not own its own vessels or lease vessels under a financial leasing or bareboat charter with purchase obligation. This period may be renewed up to one year.
The national ship owner or national ship enterprise who signs a contract for the construction or repair of a vessel with a national shipyard, may lease a foreign flag vessel for a period equivalent to the period of construction or reparation. That period may not exceed five years.
Sector: Transportation
Sub-Sector: Aquatic transportation
Obligations Concerned: National Treatment (Article 8.4 and Article 9.3)Local Presence (Article 9.6)
Level of Government: Central
Measures: Supreme Decree Nº 056-2000-MTC, "El Peruano" Official Gazette of December 31, 2000, Provides that aquatic transportation services and related services conducted in bays and port areas must be provided by authorised natural and juridical persons, with vessels and artifacts of national flag (Disponen que servicios de transporte marítimo y conexos realizados en bahías y áreas portuarias deberán ser prestados por personas naturales y jurídicas autorizadas, con embarcaciones y artefactos de bandera nacional), Article 1Ministerial Resolution Nº 259-2003-MTC/02, "El Peruano" Official Gazette of April 4, 2003, Approve Regulation of Aquatic Transportation services and related services rendered in bay traffic and port areas (Aprueban Reglamento de los servicios de Transporte Acuático y Conexos Prestados en Tráfico de Bahía y Áreas Portuarias), Articles 5 and 7
Description: Investment and Cross-Border Trade in Services
Water transport and related services supplied in bay and port areas must be supplied by natural persons domiciled in Peru, and juridical persons constituted and domiciled in Peru, properly authorised with Peruvian flag vessels and equipment, including:
- fuel replenishment services;
- mooring and unmooring services;
- diving services;
- victualing services;
- dredging services;
- harbour pilotage services;
- waste collection services;
- tug boat services; and
- transport of persons.
Sector: Transportation
Sub-Sector: Aquatic transportation
Obligations Concerned: National Treatment (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central
Measures: Supreme Decree N° 006-2011-MTC, "El Peruano" Official Gazette of February 4, 2011, Supreme Decree that approves the Regulation of Tourist Water Transportation (Decreto Supremo que aprueba el Reglamento de Transporte Turístico Acuático), Article 1
Description: Cross-Border Trade in Services
The tourist water transport service will be provided by natural or juridical persons, domiciled and constituted in Peru. At the regional and national level, the tourist water transport service is reserved to be provided exclusively with owned or chartered Peruvian flagged ships or in the form of financial lease or a bareboat charter, with purchase option mandatory.
Sector: Transportation
Sub-Sector: Aquatic transportation
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Law Nº 27866, "El Peruano" Official Gazette of November 16, 2002, Port Labour Law (Ley del Trabajo Portuario), Articles 3 and 7
Description: Cross-Border Trade in Services
Only Peruvian citizens may register in the Registry of Port Workers.
Sector: Transportation
Sub-Sector: Land transportation of passengers
Obligations Concerned: Local Presence (Article 9.6)
Level of Government: Central
Measures: Supreme Decree N° 017-2009-MTC, "El Peruano" Official Gazette of April 22, 2009, National Regulation of Transport Management (Reglamento Nacional de Administración de Transportes), Article 33, modified by Supreme Decree N° 006-2010-MTC of 22 January 2010
Description: Cross-Border Trade in Services
To supply land transport services it is necessary to have adequate physical infrastructure, which includes, when appropriate: offices; bus terminals for persons or goods; route stations; bus stops; all other infrastructure used as a place for loading, unloading and storage of goods; maintenance workshops; and any other infrastructure necessary for the supply of the service.
Sector: Transportation
Sub-Sector: Land transportation
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Agreement on International Land Transport (Acuerdo sobre Transporte Internacional Terrestre - ATIT), signed between the Governments of the Republic of Chile, the Republic of Argentina, the Republic of Bolivia, the Federal Republic of Brazil, the Republic of Paraguay, the Republic of Peru and the Oriental Republic of Uruguay, done at Montevideo on January 1, 1990.
Description: Cross-Border Trade in Services
Foreign vehicles allowed by Peru, in conformity with the ATIT (4), which carry out international transportation by road, are not able to supply local transport (cabotage) in the Peruvian territory.
Sector: Research and Development Services
Sub-Sector: Archaeological services
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Supreme Decree Nº 003-2014-MC, "El Peruano" Official Gazette of October 3, 2014, Regulation of Archaeological Interventions (Reglamento de Intervenciones Arqueológicas), Article 30
Description: Cross-Border Trade in Services
Archaeological research programs and projects headed by a foreign archaeologist, who does not reside in Peru, must have a Peruvian director.
Both directors shall be registered in the National Registry of Archaeologists and shall assume the same responsibilities in the formulation and the integral execution of the project (field and office work), and in the elaboration of the final report.
Sector: Services related to Energy Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3) Local Presence (Article 9.6)
Level of Government: Central
Measures: Law Nº 26221, "El Peruano" Official Gazette of August 19, 1993, General Law of Hydrocarbons (Ley General de Hidrocarburos), Article 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 General Law of Corporations (Ley General de Sociedades), be domiciled in the capital of the Republic of Peru, and appoint a Peruvian national as an executive agent.
(1) The "Unidad Impositiva Tributaria" (UIT) is an amount used as a reference in taxation rules in order to maintain in constant values the tax basis, deductions, affectation limits and other aspects of the tax that the legislator considers convenient.
(2) For greater certainty, National Commercial Aviation includes Specialty Air Services, except for flight training services. Only paragraphs 2, 3 and 4 of this entry apply to flight training.
(3) For greater certainty, water transportation includes transportation by lakes and rivers.
(4) The Agreement on International Land Transport (ATIT) applies to international land transport between signatory countries (the Governments of the Republic of Chile, the Republic of Argentina, the Republic of Bolivia, the Federal Republic of Brazil, the Republic of Paraguay, the Republic of Peru and the Oriental Republic of Uruguay) for purposes of land transportation between two signatory countries as well as transit to a third country.
ANNEX II. Explanatory notes
1. The Schedule of a Party to this Annex sets out, pursuant to Article 8.12 (Non-Conforming Measures) and Article 9.7 (Non-Conforming Measures), the specific sectors, subsectors or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
- Article 8.4 (National Treatment) or Article 9.3 (National Treatment);
- Article 8.5 (Most-Favoured-Nation Treatment) or Article 9.4 (Most-Favoured-Nation Treatment);
- Article 8.10 (Performance Requirements);
- Article 8.11 (Senior Management and Boards of Directors);
- Article 9.5 (Market Access); or
- Article 9.6 (Local Presence).
2. Each Schedule entry sets out the following elements:
- sector refers to the sector for which the entry is made;
- sub-sector, where referenced, refers to the specific subsector for which the entry is made;
- obligations concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.12.2 (Non-Conforming Measures) and Article 9.7.2 (Non-Conforming Measures), do not apply to the sectors, subsectors or activities listed in the entry;
- description sets out the scope or nature of the sectors, subsectors or activities covered by the entry to which the reservation applies; and
- existing measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors or activities covered by the entry.
3. In accordance with Article 8.12.2 (Non-Conforming Measures) and Article 9.7.2 (Non-Conforming Measures), the articles of this Agreement specified in the obligations concerned element of an entry do not apply to the sectors, subsectors and activities identified in the description element of that entry.