Australia - Peru FTA (2018)
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(a) fuel, energy, catalysts and solvents;

(b) equipment, devices and supplies used to test or inspect the good;

(c) gloves, glasses, footwear, clothing, safety equipment and supplies;

(d) tools, dies and moulds;

(e) spare parts and materials used in the maintenance of equipment and buildings;

(f) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; and

(g) any other material that is not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production;

material means a good that is used in the production of another good;

non-originating good or non-originating material means a good or material that does not qualify as originating in accordance with this Chapter;

originating good or originating material means a good or material that qualifies as originating in accordance with this Chapter;

packing materials and containers for shipment means goods used to protect another good during its transportation, but does not include the packaging materials or containers in which a good is packaged for retail sale;

producer means a person who engages in the production of a good;

production means operations including growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, collecting, breeding, extracting, aquaculture, gathering, manufacturing, processing or assembling a good;

transaction value means the price actually paid or payable for the good when sold for export or other value determined in accordance with the Customs Valuation Agreement; and

value of the good means the transaction value of the good excluding any costs incurred in the international shipment of the good.

Article 3.2. Originating Goods

Except as otherwise provided in this Chapter, each Party shall provide that a good is originating if it is:

(a) wholly obtained or produced entirely in the territory of one or both Parties as established in Article 3.3;

(b) produced entirely in the territory of one or both Parties, exclusively from originating materials; or

(c) produced entirely in the territory of one or both Parties using non-originating materials provided the good satisfies all applicable requirements of Annex 3- B,

and the good satisfies all other applicable requirements of this Chapter.

Article 3.3. Wholly Obtained or Produced Goods

Each Party shall provide that for the purposes of Article 3.2, a good is wholly obtained or produced entirely in the territory of one or both Parties if it is:

(a) a plant or plant good, grown, cultivated, harvested, picked or gathered there;

(b) a live animal born and raised there;

(c) a good obtained from a live animal there;

(d) an animal obtained by hunting, trapping, fishing, gathering or capturing there;

(e) a good obtained from aquaculture there;

(f) a mineral or other naturally occurring substance, not included in subparagraphs (a) through (e), extracted or taken from there;

(g) fish, shellfish, other goods of sea-fishing and other marine life taken from the sea, seabed or subsoil outside the territories of the Parties and, in accordance with international law, outside the territorial sea of non-Parties (1) by vessels that are registered or recorded with a Party and entitled to fly the flag of that Party;

(h) a good produced from goods referred to in subparagraph (g) on board a factory ship that is registered or recorded with a Party and entitled to fly the flag of that Party;

(i) a good other than fish, shellfish, other goods of sea-fishing and other marine life taken by a Party or a person of a Party from the seabed or subsoil outside the territories of the Parties, and beyond areas over which non-Parties exercise jurisdiction provided that Party or person of that Party has the right to exploit that seabed or subsoil in accordance with international law;

(j) a good that is:

(i) waste or scrap derived from production there, provided that such goods are fit only for the recovery of raw materials; or

(ii) waste or scrap derived from used goods collected there, provided that those goods are fit only for the recovery of raw materials; and

(k) a good produced there, exclusively from goods referred to in subparagraphs (a) through (j), or from their derivatives.

(1) Nothing in this Chapter shall prejudice the positions of the Parties with respect to matters relating to the law of the sea.

Article 3.4. Regional Value Content

Each Party shall provide that a regional value content requirement specified in this Chapter, including Annex 3-B, to determine whether a good is originating, is calculated as follows:

(a) build-down method: based on the value of non-originating materials:

RVC = Value of the Good - VNM x100

Value of the Good

(b) build-up method: based on the value of originating materials:

RVC = VOM x100

Value of the Good

where:

RVC is the regional value content of a good, expressed as a percentage;

VNM is the value of non-originating materials, including materials of undetermined origin, used in the production of the good;

VOM is the value of originating materials used in the production of the good in the territory of one or both Parties.

2. Each Party shall provide that all costs considered for the calculation of regional value content are recorded and maintained in conformity with the Generally Accepted Accounting Principles applicable in the territory of the Party where the good is produced.

Article 3.5. Materials Used In Production

1. Each Party shall provide that if a non-originating material undergoes further production such that it satisfies the requirements of this Chapter, the material is treated as originating when determining the originating status of the subsequently produced good, regardless of whether that material was produced by the producer of the good.

2. Each Party shall provide that if a non-originating material is used in the production of a good, the following may be counted as originating content for the purpose of determining whether the good meets a regional value content requirement:

(a) the value of processing of the non-originating materials undertaken in the territory of one or both Parties; and

(b) the value of any originating material used in the production of the non- originating material undertaken in the territory of one or both Parties.

Article 3.6. Value of Materials Used In Production

Each Party shall provide that for the purposes of this Chapter, the value of a material is:

(a) for a material imported by the producer of the good, the transaction value of the material at the time of importation, including the costs incurred in the international shipment of the material;

(b) for a material acquired in the territory where the good is produced:

(i) the price paid or payable by the producer in the Party where the producer is located;

(ii) the value as determined for an imported material in subparagraph (a); or

(iii) the earliest ascertainable price paid or payable in the territory of the Party; or

(c) for a material that is self-produced:

(i) all the costs incurred in the production of the material, which includes general expenses; and

(ii) an amount equivalent to the profit added in the normal course of trade,

or equal to the profit that is usually reflected in the sale of goods of the same class or kind as the self-produced material that is being valued.

Article 3.7. Further Adjustments to the Value of Materials

1. Each Party shall provide that for an originating material, the following expenses may be added to the value of the material, if not included under Article 3.6:

(a) the costs of freight, insurance, packing and all other costs incurred to transport the material within the territories of the Parties to the location of the producer of the good;

(b) duties, taxes and customs brokerage fees on the material, paid in the territory of one or both Parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, which include credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of reusable scrap or by-product.

2. Each Party shall provide that, for a non-originating material or material of undetermined origin, the following expenses may be deducted from the value of the material:

(a) the costs of freight, insurance, packing and all other costs incurred in transporting the material within the territories of the Parties to the location of the producer of the good;

(b) duties, taxes and customs brokerage fees on the material paid in the territory of one or both Parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, which include credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of reusable scrap or by-product.

3. If the cost or expense listed in paragraph 1 or 2 is unknown or documentary evidence of the amount of the adjustment is not available, then no adjustment is allowed for that particular cost.

Article 3.8. Accumulation

1. Originating goods or materials of a Party, incorporated into a good in the territory of the other Party, shall be considered to be originating in the territory of the other Party.

2. A good shall be considered originating where the good is produced in the territory of one or both Parties by one or more producers, provided that the good satisfies the requirements established in Article 3.2 and all other applicable requirements in this Chapter.

Article 3.9. De Minimis

1. Each Party shall provide that a good that contains non-originating materials that do not satisfy the applicable change in tariff classification requirement specified in Annex 3-B for the good is nonetheless an originating good if:

(a) the value of all these materials does not exceed 10 per cent of the value of the good, as defined under Article 3.1, or

(b) the good is classified in Chapters 50 through 63 of the Harmonized System, the total weight of all such materials does not exceed 10 per cent of the total weight of the good,

and the good meets all the other applicable requirements of this Chapter.

2. Paragraph 1 shall apply only when using a non-originating material in the production of another good.

3. If a good described in paragraph 1 is also subject to a regional value content requirement, the value of those non-originating materials shall be included in the value of non-originating materials for the applicable regional value content requirement.

Article 3.10. Fungible Goods or Materials

Each Party shall provide that a fungible good or material is treated as originating based on the:

(a) physical segregation of each fungible good or material; or

(b) use of any inventory management method recognised in the Generally Accepted Accounting Principles if the fungible good or material is commingled, provided that the inventory management method selected is used throughout the fiscal year of the person that selected the inventory management method.

Article 3.11. Accessories, Spare Parts, Tools and Instructional or other Information Materials

1. Each Party shall provide that:

(a) in determining whether a good is wholly obtained or satisfies a process or change in tariff classification requirement as set out in Annex 3-B, accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3, are to be disregarded; and

(b) in determining whether a good meets a regional value content requirement, the value of the accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3, are to be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

2. Each Party shall provide that a good's accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3, have the originating status of the good with which they are delivered.

3. For the purposes of this Article, accessories, spare parts, tools, and instructional or other information materials are covered when:

(a) the accessories, spare parts, tools and instructional or other information materials are classified with, delivered with but not invoiced separately from the good; and

(b) the types, quantities and value of the accessories, spare parts, tools and instructional or other information materials are customary for that good.

Article 3.12. Packaging Materials and Containers for Retail Sale

1. Each Party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with the good, are disregarded in determining whether all the non-originating materials used in the production of the good have satisfied the applicable process or change in tariff classification requirement set out in Annex 3-B or whether the good is wholly obtained or produced entirely.

2. Each Party shall provide that if a good is subject to a regional value content requirement, the value of the packaging materials and containers in which the good is packaged for retail sale, if classified with the good, are taken into account as originating or non-originating, as the case may be, in calculating the regional value content of the good.

Article 3.13. Packing Materials and Containers for Shipment

Each Party shall provide that packing materials and containers for shipment are disregarded in determining whether a good is originating.

Article 3.14. Indirect Materials

Each Party shall provide that an indirect material is considered to be originating without regard to where it is produced.

Article 3.15. Sets of Goods

1. Each Party shall provide that for a set classified as a result of the application of rule 3(a) or (b) of the General Rules for the Interpretation of the Harmonized System, the originating status of the set shall be determined in accordance with the product-specific tule of origin that applies to the set.

2. Each Party shall provide that for a set classified as a result of the application of rule 3(c) of the General Rules for the Interpretation of the Harmonized System, the set is originating only if each good in the set is originating and both the set and the goods meet the other applicable requirements of this Chapter.

3. Notwithstanding paragraph 2, for a set classified as a result of the application of tule 3(c) of the General Rules for the Interpretation of the Harmonized System, the set is originating if the value of all the non-originating goods in the set does not exceed 20 per cent of the value of the set.

4. For the purposes of paragraph 3, the value of the non-originating goods in the set and the value of the set shall be calculated in the same manner as the value of non- originating materials and the value of the good.

Article 3.16. Transport Through Non- Parties

Each Party shall provide that if an originating good is transported from the exporting Party to the importing Party through the territory of one or more non-Parties, the good retains its originating status provided that the good does not undergo subsequent production or any other operation in non-Parties, other than unloading, reloading, storing, separating from a bulk shipment, labelling or any other operation necessary to preserve it in good condition or to transport the good to the territory of the importing Party and the good remains under customs control in the territory of that or those non-Parties.

Section B. Origin Procedures

Article 3.17. Claims for Preferential Treatment

1. Each Party shall provide that an importer may make a claim for preferential tariff treatment, based on certificate of origin completed by the exporter, producer, or an authorised representative of the exporter or producer.

2. Each Party shall provide that the certificate of origin:

(a) need not follow a prescribed format;

(b) be in writing;

(c) specifies that the good is both originating and meets the requirements of this Chapter;

(d) contains a set of data requirements as set out in Annex 3-A; and

(e) be in English or in Spanish. The importing Party may require the importer to submit a translation in the language of the importing Party.

3. Each Party shall provide that a certificate of origin may apply to: (a) asingle shipment of a good into the territory of a Party; or (b) multiple shipments of identical goods within any period specified in the certificate of origin, from or after the date of issuance but not exceeding the period of validity of the certificate.

4. Each Party shall provide that the certificate of origin is valid for one year after the date that it was issued or for such longer period specified by the laws and regulations of the importing Party.

Article 3.18. Basis of a Certificate of Origin

1. Each Party shall provide that if a producer certifies the origin of a good, the certificate of origin is completed on the basis of the producer having information that the good is originating.

2. Each Party shall provide that if the exporter is not the producer of the good, the certificate of origin may be completed by the exporter of the good on the basis of:

(a) the exporter having information that the good is originating; or

(b) reasonable reliance on the producer's information that the good is originating.

3. Each Party shall provide that a certificate of origin may be completed by an authorised representative of an exporter or producer of the good on the basis of reasonable reliance on supporting documentation provided by the exporter or producer that the good is originating.

4. For greater certainty, nothing in paragraph 1 or 2 shall be construed to allow a Party to require an exporter or producer to complete or provide a certificate of origin to another person.

Article 3.19. Discrepancies and Minor Errors

Each Party shall provide that it shall not reject a certificate of origin due to minor errors contained in it, such as typing errors, or discrepancies with other documentation (2), provided the errors or discrepancies do not cast doubt on the origin of the good.

(2) For greater certainty, a difference between the HS code on the certificate of origin and the import declaration would not constitute a minor error.

Article 3.20. Waiver of Certificate of Origin

Neither Party shall require a certificate of origin if:

(a) the customs value of the importation does not exceed AUD $1000 for Australia or US $800 for Peru, or any higher amount as the importing Party may establish; or

(b) itis a good for which the importing Party has waived the requirement or does not require the importer to present a certificate of origin,

provided that the importation does not form part of a series of importations carried out or planned for the purpose of evading compliance with the importing Party's laws governing claims for preferential tariff treatment under this Agreement.

Article 3.21. Obligations Relating to Importation

1. Except as otherwise provided for in this Chapter, each Party shall provide that, for the purpose of claiming preferential tariff treatment, the importer shall:

(a) declare that the good qualifies as an originating good;

(b) have valid a certificate of origin in its possession at the time the declaration referred to in subparagraph (a) is made;

(c) provide a copy of the certificate of origin to the importing Party if required by the Party; and

(d) if required by a Party to demonstrate that the requirements in Article 3.16 have been satisfied, provide transport documents, and in the case of storage, additional relevant documents, such as storage or customs documents. If the good has been transported directly from the territory of the exporting Party to the importing Party nothing shall prevent a Party from requiring the importer to present transport documents which show that the good has been transported from the territory of the exporting Party to the importing Party.

2. Each Party shall provide that, if the importer has reason to believe that the certificate of origin is based on incorrect information that could affect the accuracy or validity of the certificate of origin, the importer shall correct the importation document and pay any customs duty and, if applicable, penalties owed.

3. Neither Party shall subject an importer to a penalty for making an invalid claim for preferential tariff treatment if the importer, on becoming aware that such a claim is not valid and prior to discovery of the error by that Party, voluntarily corrects the claim and pays any applicable customs duty under the circumstances provided for in the Party's law.

Article 3.22. Record Keeping Requirements

1. Each Party shall provide that an importer claiming preferential tariff treatment for a good imported into the territory of that Party shall maintain documentation related to the importation, including the certificate of origin that served as the basis for the claim, for a period of no less than five years from the date of importation of the good.

2. Each Party shall provide that a producer or exporter in its territory that provides a certificate of origin shall maintain all records necessary to demonstrate that a good for which the exporter or producer provided the certificate of origin is originating, for a period of no less than five years from the date the certificate of origin was issued.

(a) be in English or in the official language of the Party of the person to whom the request is made;

  • Chapter   1 Initial provisions and general definitions 1
  • Section   A Initial provisions 1
  • Article   1.1 Establishment of a free trade area 1
  • Article   1.2 Relation to other agreements 1
  • Section   B General definitions 1
  • Article   1.3 General definitions 1
  • Chapter   2 National treatment and market access for goods 1
  • Section   A Definitions and scope 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Section   B National treatment and market access for goods 1
  • Article   2.3 National treatment 1
  • Article   2.4 Elimination of customs duties 1
  • Article   2.5 Waiver of customs duties 1
  • Article   2.6 Goods re-entered after repair and alteration 1
  • Article   2.7 Duty-free entry of commercial samples of negligible value and printed advertising material 1
  • Article   2.8 Temporary admission of goods 2
  • Article   2.9 Import and export restrictions 2
  • Article   2.10 Import licensing 2
  • Article   2.11 Administrative fees and formalities 2
  • Article   2.12 Export duties, taxes or other charges 2
  • Article   2.13 Treatment of certain spirits 2
  • Article   2.14 Committee on goods 2
  • Section   C Agriculture 2
  • Article   2.15 Definitions 2
  • Article   2.16 Scope 2
  • Article   2.17 Agricultural export subsidies 2
  • Article   2.18 Trade of products of modern biotechnology 2
  • ANNEX 2-A  National treatment and import and export restrictions 2
  • ANNEX 2-B  Tariff commitments 2
  • ANNEX 2-B  Schedule of australia 2
  • ANNEX 2-B  Schedule of peru 2
  • Chapter   3 Rules of origin and origin procedures 2
  • Section   A Rules of origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Originating goods 3
  • Article   3.3 Wholly obtained or produced goods 3
  • Article   3.4 Regional value content 3
  • Article   3.5 Materials used in production 3
  • Article   3.6 Value of materials used in production 3
  • Article   3.7 Further adjustments to the value of materials 3
  • Article   3.8 Accumulation 3
  • Article   3.9 De minimis 3
  • Article   3.10 Fungible goods or materials 3
  • Article   3.11 Accessories, spare parts, tools and instructional or other information materials 3
  • Article   3.12 Packaging materials and containers for retail sale 3
  • Article   3.13 Packing materials and containers for shipment 3
  • Article   3.14 Indirect materials 3
  • Article   3.15 Sets of goods 3
  • Article   3.16 Transport through non- parties 3
  • Section   B Origin procedures 3
  • Article   3.17 Claims for preferential treatment 3
  • Article   3.18 Basis of a certificate of origin 3
  • Article   3.19 Discrepancies and minor errors 3
  • Article   3.20 Waiver of certificate of origin 3
  • Article   3.21 Obligations relating to importation 3
  • Article   3.22 Record keeping requirements 3
  • Article   3.24 Determinations on claims for preferential tariff treatment 4
  • Article   3.25 Refunds and claims for preferential tariff treatment after importation 4
  • Article   3.26 Penalties 4
  • Article   3.27 Confidentiality 4
  • ANNEX 3-A  Data requirements 4
  • ANNEX 3-B  Product-specific rules of origin 4
  • Section   A General interpretative notes 4
  • ANNEX 3-B  Product-specific rules of origin 4
  • Section   A General interpretative notes 4
  • Chapter   4 Customs administration and trade facilitation 4
  • Article   4.1 Customs procedures 4
  • Article   4.2 Cooperation 4
  • Article   4.3 Advance rulings 4
  • Article   4.4 Response to requests for advice or information 4
  • Article   4.5 Review and appeal 5
  • Article   4.7 Express shipments 5
  • Article   4.8 Penalties 5
  • Article   4.9 Risk management 5
  • Article   4.10 Release of goods 5
  • Article   4.11 Publication 5
  • Article   4.12 Confidentiality 5
  • Chapter   5 Trade remedies 5
  • Section   A Safeguard measures 5
  • Article   5.1 Definitions 5
  • Article   5.2 Global safeguards 5
  • Article   5.3 Imposition of transitional safeguard measure 5
  • Article   5.4 Investigation procedures and transparency requirements 5
  • Article   5.5 Standards for a transitional safeguard measure 5
  • Article   5.6 Notification and consultation 5
  • Article   5.7 Compensation 5
  • Article   5.8 Relation to other safeguard measures 5
  • Section   B Antidumping and countervailing duties 5
  • Article   5.9 Antidumping and countervailing duties 5
  • Chapter   6 Sanitary and phytosanitary measures 5
  • Article   6.1 Definitions 5
  • Article   6.2 Scope 5
  • Article   6.3 Reaffirmation of rights and obligations under the wto 5
  • Article   6.5 Committee on sps measures 5
  • Article   6.6 Adaptation to regional conditions, including pest- or disease-free areas and areas of low pest or disease prevalence 5
  • Article   6.7 Equivalence 6
  • Article   6.8 Science and risk analysis 6
  • Article   6.9 Transparency 6
  • Article   6.10 Contact points 6
  • Article   6.11 Cooperation 6
  • Article   6.12 Technical consultations 6
  • Chapter   7 Technical barriers to trade 6
  • Article   7.1 Definitions 6
  • Article   7.2 Objective 6
  • Article   7.3 Scope 6
  • Article   7.4 Affirmation of the tbt agreement 6
  • Article   7.5 International standards, guides and recommendations 6
  • Article   7.6 Conformity assessment 6
  • Article   7.7 Transparency 6
  • Article   7.8 Compliance period for technical regulations and conformity assessment procedures 6
  • Article   7.9 Cooperation and trade facilitation 6
  • Article   7.10 Information exchange and technical discussions 6
  • Article   7.11 Contact points 6
  • ANNEX 7-A  Wine and distilled spirits 6
  • ANNEX 7-B  Organic products 7
  • Chapter   8 Investment 7
  • Section   A Investment 7
  • Article   8.1 Definitions 7
  • Article   8.2 Scope 7
  • Article   8.3 Relation to other chapters 7
  • Article   8.4 National treatment (7) 7
  • Article   8.5 Most-favoured-nation treatment 7
  • Article   8.6 Minimum standard of treatment (8) 7
  • Article   8.7 Treatment in case of armed conflict or civil strife 7
  • Article   8.8 Expropriation and compensation (9) 7
  • Article   8.9 Transfers 7
  • Article   8.10 Performance requirements 8
  • Article   8.11 Senior management and boards of directors 8
  • Article   8.12 Non-conforming measures 8
  • Article   8.13 Subrogation 8
  • Article   8.14 Special formalities and information requirements 8
  • Article   8.15 Denial of benefits (16) 8
  • Article   8.16 Investment and environmental, health and other regulatory objectives 8
  • Article   8.17 Corporate social responsibility 8
  • Article   8.18 General exceptions 8
  • Section   B Investor-state dispute settlement (17) 8
  • Article   8.19 Consultation and negotiation 8
  • Article   8.20 Submission of a claim to arbitration 8
  • Article   8.21 Consent of each party to arbitration 8
  • Article   8.22 Conditions and limitations on consent of each party 8
  • Article   8.23 Selection of arbitrators 8
  • Article   8.24 Conduct of the arbitration 8
  • Article   8.25 Transparency of arbitral proceedings 8
  • Article   8.26 Governing law 9
  • Article   8.27 Interpretation of annexes 9
  • Article   8.28 Expert reports 9
  • Article   8.29 Consolidation 9
  • Article   8.30 Awards 9
  • Article   8.31 Service of documents 9
  • ANNEX 8-A  Customary international law 9
  • ANNEX 8-B  Expropriation 9
  • ANNEX 8-C  Service of documents on a party under section b 9
  • ANNEX 8-D  Foreign investment framework 9
  • ANNEX 8-E  Public debt 9
  • ANNEX 8-F  Submission of a claim to arbitration 9
  • Chapter   9 Cross-border trade in services 9
  • Article   9.1 Definitions 9
  • Article   9.2 Scope 9
  • Article   9.3 National treatment (2) 10
  • Article   9.4 Most-favoured-nation treatment 10
  • Article   9.5 Market access 10
  • Article   9.6 Local presence 10
  • Article   9.7 Non-conforming measures 10
  • Article   9.8 Domestic regulation 10
  • Article   9.9 Recognition 10
  • Article   9.10 Denial of benefits 10
  • Article   9.11 Transparency 10
  • Article   9.12 Payments and transfers 10
  • ANNEX 9-A  Professional services 10
  • Chapter   10 Financial services 10
  • Article   10.1 Definitions 10
  • Article   10.2 Scope 11
  • Article   10.3 National treatment (3) 11
  • Article   10.4 Most-favoured-nation treatment 11
  • Article   10.5 Market access for financial institutions 11
  • Article   10.6 Cross-border trade 11
  • Article   10.7 New financial services (5) 11
  • Article   10.8 Treatment of certain information 11
  • Article   10.9 Senior management and boards of directors 11
  • Article   10.10 Non-conforming measures 11
  • Article   10.11 Exceptions 11
  • Article   10.12 Recognition 11
  • Article   10.13 Transparency and administration of certain measures 11
  • Article   10.14 Self-regulatory organisations 11
  • Article   10.15 Payment and clearing systems 11
  • Article   10.16 Expedited availability of insurance services 11
  • Article   10.17 Performance of back-office functions 11
  • Article   10.18 Consultations 11
  • Article   10.19 Dispute settlement 11
  • Article   10.20 Portfolio management 11
  • Article   10.21 Transfer of information 12
  • Article   10.22 Transparency considerations 12
  • ANNEX 10-A  Cross-border trade 12
  • ANNEX 10-B  Authorities responsible for financial services 12
  • Chapter   11 Temporary entry for business persons 12
  • Article   11.1 Definitions 12
  • Article   11.2 Scope 12
  • Article   11.3 Application procedures 12
  • Article   11.4 Grant of temporary entry 12
  • Article   11.5 Provision of information 12
  • Article   11.6 Committee on temporary entry for business persons 12
  • Article   11.7 Cooperation 12
  • Article   11.8 Relation to other chapters 12
  • Article   11.9 Dispute settlement 12
  • ANNEX 11-A  Schedule of australia 12
  • ANNEX 11-A  Schedule of peru 12
  • Chapter   12 Telecommunications 12
  • Article   12.1 Definitions 12
  • Article   12.2 Scope 12
  • Article   12.3 Approaches to regulation 13
  • Article   12.4 Access to and use of public telecommunications services (2) 13
  • Article   12.5 Obligations relating to suppliers of public telecommunications services 13
  • Article   12.6 International mobile roaming 13
  • Article   12.7 Treatment by major suppliers of public telecommunications services 13
  • Article   12.8 Competitive safeguards 13
  • Article   12.9 Resale 13
  • Article   12.10 Unbundling of network elements by major suppliers 13
  • Article   12.11 Interconnection with major suppliers 13
  • Article   12.12 Provisioning and pricing of leased circuits services by major suppliers 13
  • Article   12.13 Co-location by major suppliers 13
  • Article   12.14 Access to poles, ducts, conduits and rights-of-way owned or controlled by major suppliers 13
  • Article   12.15 Independent regulatory bodies and government ownership 13
  • Article   12.16 Universal service 13
  • Article   12.17 Licensing process 13
  • Article   12.18 Allocation and use of scarce resources 13
  • Article   12.19 Enforcement 13
  • Article   12.20 Resolution of telecommunications disputes 13
  • Article   12.21 Transparency 13
  • Article   12.22 Flexibility in the choice of technology 14
  • Article   12.23 Relation to other chapters 14
  • Article   12.24 Relation to international organisations 14
  • ANNEX 12-A  Rural telephone suppliers — peru 14
  • Chapter   13 Electronic commerce 14
  • Article   13.1 Definitions 14
  • Article   13.2 Scope and general provisions 14
  • Article   13.3 Customs duties 14
  • Article   13.4 Non-discriminatory treatment of digital products 14
  • Article   13.5 Domestic electronic transactions framework 14
  • Article   13.6 Electronic authentication and electronic signatures 14
  • Article   13.7 Online consumer protection 14
  • Article   13.8 Personal information protection 14
  • Article   13.9 Paperless trading 14
  • Article   13.10 Principles on access to and use of the internet for electronic commerce 14
  • Article   13.11 Cross-border transfer of information by electronic means 14
  • Article   13.12 Location of computing facilities 14
  • Article   13.13 Unsolicited commercial electronic messages 14
  • Article   13.14 Cooperation 14
  • Article   13.15 Cooperation on cybersecurity matters 14
  • Article   13.16 Source code 14
  • Chapter   14 Government procurement 14
  • Article   14.1 Definitions 14
  • Article   14.2 Scope 15
  • Article   14.3 Exceptions 15
  • Article   14.4 General principles 15
  • Article   14.5 Publication of procurement information 15
  • Article   14.6 Notices of intended procurement 15
  • Article   14.7 Conditions for participation 15
  • Article   14.8 Qualification of suppliers 15
  • Article   14.9 Limited tendering 15
  • Article   14.10 Technical specifications 16
  • Article   14.11 Tender documentation 16
  • Article   14.12 Time periods 16
  • Article   14.13 Treatment of tenders and awarding of contracts 16
  • Article   14.14 Post-award information information provided to suppliers 16
  • Article   14.15 Disclosure of information provision of information to parties 16
  • Article   14.16 Ensuring integrity in procurement practices 16
  • Article   14.17 Domestic review 16
  • Article   14.18 Modifications and rectifications of annex 14-a 16
  • Article   14.19 Facilitation of participation by smes 16
  • Article   14.20 Cooperation 16
  • Article   14.21 Contact points on government procurement 16
  • Chapter   15 Competition policy 16
  • Article   15.1 Competition law and authorities and anticompetitive business conduct 16
  • Article   15.2 Procedural fairness in competition law enforcement 16
  • Article   15.3 Private rights of action 17
  • Article   15.4 Cooperation 17
  • Article   15.5 Technical cooperation 17
  • Article   15.6 Consumer protection 17
  • Article   15.7 Transparency 17
  • Article   15.8 Consultations 17
  • Article   15.9 Non-application of dispute settlement 17
  • Chapter   16 State-owned enterprises and designated monopolies 17
  • Article   16.1 Definitions 17
  • Article   16.2 Scope (8) 17
  • Article   16.3  Delegated authority 17
  • Article   16.4 Non-discriminatory treatment and commercial considerations 17
  • Article   16.5 Courts and administrative bodies 17
  • Article   16.6 Non-commercial assistance 17
  • Article   16.7 Adverse effects 18
  • Article   16.8 Injury 18
  • Article   16.9 Party-specific annexes 18
  • Article   16.10 Transparency 18
  • Article   16.11 Technical cooperation 18
  • Article   16.12 Contact points 18
  • Article   16.13 Exceptions 18
  • Article   16.14 Further negotiations 18
  • Article   16.15 Process for developing information 18
  • Chapter   17 Intellectual property 18
  • Section   A General provisions 18
  • Article   17.1 Definitions 18
  • Article   17.2 Objectives 18
  • Article   17.3 Principles 18
  • Article   17.4 Understandings in respect of this chapter 18
  • Article   17.5 Nature and scope of obligations 18
  • Article   17.6 Understandings regarding certain public health measures 18
  • Article   17.7 International agreements 19
  • Article   17.8 National treatment 19
  • Article   17.9 Transparency 19
  • Article   17.10 Application of chapter to existing subject matter and prior acts 19
  • Article   17.11 Exhaustion of intellectual property rights 19
  • Section   B Cooperation 19
  • Article   17.12 Contact points for cooperation 19
  • Article   17.13 Cooperation activities and initiatives 19
  • Article   17.14 Patent cooperation and work sharing 19
  • Article   17.15 Plant varieties 19
  • Article   17.16 Cooperation on genetic resources and traditional knowledge 19
  • Article   17.17 Cooperation on request 19
  • Section   C Genetic resources and traditional knowledge 19
  • Article   17.18 General provisions 19
  • Section   D Trademarks 19
  • Article   17.19 Types of signs registrable as trademarks 19
  • Article   17.20 Collective and certification marks 19
  • Article   17.21 Use of identical or similar signs 19
  • Article   17.22 Exceptions 19
  • Article   17.23 Well-known trademarks 19
  • Section   E Geographical indications 19
  • Article   17.24 Protection of geographical indications 19
  • Section   F Patents 19
  • Article   17.25 Patentable subject matter 19
  • Article   17.26 Exceptions 19
  • Article   17.27 Other use without authorisation of the right holder 19
  • Section   G Copyright and related rights 19
  • Article   17.28 Definitions 19
  • Article   17.29 Right of reproduction 19
  • Article   17.30 Right of communication to the public 19
  • Article   17.31 Right of distribution 19
  • Article   17.32 Related rights 19
  • Article   17.33 Application of article 18 of the berne convention and article 14.6 of the trips agreement 19
  • Article   17.34 Limitations and exceptions 19
  • Article   17.35 Balance in copyright and related rights systems 19
  • Article   17.36 Collective management 19
  • Section   H Enforcement 19
  • Article   17.37 General obligations 19
  • Article   17.38 Presumptions 19
  • Article   17.38 Presumptions 20
  • Article   17.39 Enforcement practices with respect to intellectual property rights 20
  • Article   17.40 Civil procedures and remedies 20
  • Article   17.41 Provisional measures 20
  • Article   17.42 Special requirements related to border measures 20
  • Article   17.43 Criminal procedures and penalties 20
  • Chapter   18 Labour 20
  • Article   18.1 Definitions 20
  • Article   18.2 Statement of shared commitments 20
  • Article   18.3 Fundamental labour rights 20
  • Article   18.4 Application and enforcement of labour laws 20
  • Article   18.5 Procedural guarantees and public awareness 20
  • Article   18.6 Contact points 20
  • Article   18.7 Labour cooperation 20
  • Chapter   19 Environment 20
  • Article   19.1 Definitions 20
  • Article   19.2 Objectives 20
  • Article   19.3 General commitments 20
  • Article   19.4 Multilateral environmental agreements 20
  • Article   19.5 Environmental consultations 20
  • Article   19.6 Dispute settlement 20
  • Chapter   20 Cooperation and capacity building 20
  • Article   20.1 General provisions 20
  • Article   20.2 Areas of cooperation and capacity building 20
  • Article   20.3 Contact points for cooperation and capacity building 20
  • Article   20.4 Committee on cooperation and capacity building 20
  • Article   20.5 Resources 21
  • Article   20.6 Non-application of Dispute Settlement 21
  • Chapter   21 Competitiveness and Business Facilitation 21
  • Article   21.1 Definitions 21
  • Article   21.2 Activities and Contact Points on Competitiveness and Business Facilitation 21
  • Article   21.3 Non-application of Dispute Settlement 21
  • Chapter   22 Development 21
  • Article   22.1 General Provisions 21
  • Article   22.2 Promotion of Development 21
  • Article   22.3 Broad-based Economic Growth 21
  • Article   22.4 Women and Economic Growth 21
  • Article   22.5 Education, Science and Technology, Research and Innovation 21
  • Article   22.6 Joint Development Activities 21
  • Article   22.7 Contact Points on Development 21
  • Article   22.8 Relation to other Chapters 21
  • Article   22.9 Non-application of Dispute Settlement 21
  • Chapter   23 Small and Medium-sized Enterprises 21
  • Article   23.1 General Provisions 21
  • Article   23.3 Information Sharing 21
  • Article   23.3 Activities and Contact Points on Smes 21
  • Article   23.4 Non-application of Dispute Settlement 21
  • Chapter   24 Regulatory Coherence 21
  • Article   24.1 Definitions 21
  • Article   24.2 General Provisions 21
  • Article   24.3 Scope of Covered Regulatory Measures 21
  • Article   24.4 Coordination and Review Processes or Mechanisms 21
  • Article   24.5 Implementation of Core Good Regulatory Practices 21
  • Article   24.6 Contact Points 21
  • Article   24.7 Cooperation 21
  • Article   24.8 Relation to other chapters 22
  • Article   24.9 Non-application of dispute settlement 22
  • Chapter   25 Transparency and anti-corruption 22
  • Section   A Definitions 22
  • Article   25.1 Definitions 22
  • Section   B Transparency 22
  • Article   25.2 Publication 22
  • Article   25.3 Administrative proceedings 22
  • Article   25.4 Review and appeal (2) 22
  • Article   25.5 Provision of information 22
  • Section   C Anti-corruption 22
  • Article   25.6 Scope 22
  • Article   25.7 Measures to combat corruption 22
  • Article   25.8 Promoting integrity among public officials 22
  • Article   25.9 Application and enforcement of anti-corruption laws 22
  • Article   25.10 Participation of private sector and society 22
  • Article   25.11 Relation to other agreements 22
  • Chapter   26 Administrative and institutional provisions 22
  • Article   26.1 Establishment of the joint commission 22
  • Article   26.2 Functions of the joint commission 22
  • Article   26.3 Decision-making 22
  • Article   26.4 Rules of procedure of the joint commission 22
  • Article   26.5 Contact points 22
  • Chapter   27 Dispute settlement 23
  • Section   A Dispute settlement 23
  • Article   27.1 Definitions 23
  • Article   27.2 Cooperation 23
  • Article   27.3 Scope 23
  • Article   27.4 Choice of forum 23
  • Article   27.5 Consultations 23
  • Article   27.6 Good offices, conciliation and mediation 23
  • Article   27.7 Establishment of a panel 23
  • Article   27.8 Terms of reference 23
  • Article   27.9 Composition of panels 23
  • Article   27.10 Qualifications of panellists 23
  • Article   27.11 Function of panels 23
  • Article   27.12 Rules of procedure for panels 23
  • Article   27.13 Role of experts 23
  • Article   27.14 Suspension or termination of proceedings 23
  • Article   27.15 Initial report 23
  • Article   27.16 Final report 23
  • Article   27.17 Implementation of final report 23
  • Article   27.18 Non-implementation — compensation and suspension of benefits 23
  • Article   27.19 Compliance Review 24
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 24
  • Article   27.20 Private Rights 24
  • Article   27.21 Alternative Dispute Resolution 24
  • Chapter   28 Exceptions and General Provisions 24
  • Section   A Exceptions 24
  • Article   28.1 General Exceptions 24
  • Article   28.2 Security Exceptions 24
  • Article   28.3 Temporary Safeguard Measures 24
  • Article   28.4 Taxation Measures 24
  • Section   B General Provisions 24
  • Article   28.5 Disclosure of Information 24
  • Chapter   29 Final Provisions 24
  • Article   29.1 Annexes, Appendices and Footnotes 24
  • Article   29.2 Amendments 24
  • Article   29.3 Amendment of the Wto Agreement 24
  • Article   29.4 Entry Into Force 24
  • Article   29.5 Termination 24
  • Article   29.6 Authentic Texts 24
  • ANNEX I  Explanatory notes 24
  • ANNEX I  Schedule of australia 24
  • ANNEX I  Schedule of peru 25
  • ANNEX II  Explanatory notes 26
  • ANNEX II  Schedule of australia 27
  • Appendix A  27
  • ANNEX II  Schedule of peru 27
  • ANNEX III  Explanatory notes 29
  • ANNEX III  Schedule of australia 29
  • Section   A 29
  • Section   B 29
  • ANNEX III  Schedule of peru 29
  • Section   A 29
  • Section   B 29
  • Letter terminating the agreement between australia and the republic of peru on the promotion and protection of investments 30