Panama - Peru FTA (2011)
Previous page Next page

(j) trading for its own account or for the account of customers, whether on an exchange, in an over-the-counter market or otherwise, of the following:

(i) money market instruments (including checks, bills and certificates of deposit);

(ii) currencies;

(iii) derivative products, including but not limited to futures and options;

(iv) instruments in the foreign exchange and interest rate markets, including products such as swaps and forward rate agreements;

(v) transferable securities;

(vi) other negotiable instruments and financial assets, including metal;

(k) participation in issues of all kinds of securities, including underwriting and placement as agents (publicly or privately), and the provision of services related to such issues;

(l) foreign exchange brokerage;

(m) asset management, such as cash or portfolio management, collective investment management in all its forms, pension fund management, depository and custodial services, and trust services;

(n) payment and clearing services in respect of financial assets, including securities, derivative products and other negotiable instruments;

(o) provision and transfer of financial information, and processing of financial data and related software by providers of other financial services; and

(p) advisory, intermediation and other auxiliary financial services with respect to any of the activities indicated in subparagraphs (e) through (o), including credit reports and analyses, investment and portfolio research and advice, and advice on acquisitions and on corporate restructuring and strategy.

Annex 14.6. Cross Border Trade

Section A. Panama

Insurance and Insurance-Related Services

1. Article 14.6.1 applies to cross-border trade or supply of financial services, as defined in subparagraph (a) of the definition of cross-border trade or supply of financial services in Article 14.19, with respect to:

(a) insurance covering the following risks:

(i) international maritime transport and launching and space transport (including satellites), including any or all of the following elements: the goods being transported, the vehicle transporting the goods and the civil liability that may arise therefrom;

(ii) goods in international transit;

(b) reinsurance and retrocession;

(c) consulting, risk assessment, actuarial and claims adjustment; and

(d) insurance brokerage included in subparagraphs (a) and (b).

2. Article 14.6.1 applies to the cross-border supply or cross-border trade in financial services as defined in subparagraph (c) of the definition of cross-border supply of financial services in Article 14.19, with respect to insurance and insurance-related services listed in paragraph 1.

Banking and Other Financial Services (excluding insurance)

3. For Panama, Article 14.6.1 applies only with respect to:

(a) provision and transfer of financial information referred to in subparagraph (o) of the definition of financial service in Article 14.19 ;

(b) financial data processing and related software referred to in subparagraph

(o) of the definition of financial service in Article 14.194 ; and

(c) advisory and other auxiliary financial services,5 excluding credit intermediation and credit reporting and analysis, with respect to banking and other financial services referred to in subparagraph (o) of the definition of financial service in Article 14.19.

4 It is understood that when the financial information or the processing of financial data referred to in subparagraphs (a) and (b) contains personal information, its treatment shall be in accordance with the Panamanian law regulating the protection of such information.

5 It is understood that advisory and other auxiliary financial services do not include those services referred to in subparagraphs (e) through (o) of the definition of financial service in Article 14.19.

Section B. Peru

Insurance and Insurance-Related Services

1. Article 14.6.1 applies to the cross-border supply or trade in financial services, as defined in subparagraph (a) of the definition of cross-border trade or supply of services in Article 14.19, with respect to:

(a) insurance against risks related to:

(i) maritime transport, commercial aviation and space launch and transport (including satellites), covering any or all of the following: the goods being transported, the vehicle transporting the goods and a n y liability arising therefrom; and

(ii) goods in international transit.

(b) reinsurance and retrocession services;

(c) consultants, actuarial, risk assessment and claims settlement services;

(d) insurance intermediation, such as agents or brokers, as referred to in subparagraph (c) of the definition of financial service in Article 14.19, of insurance of risks related to the services listed in subparagraphs (a) and (b);

2. Article 14.6.1 applies to cross-border trade or supply of financial services, as defined in subparagraph (c) of the definition of cross-border trade or supply of financial services in Article 14.19, with respect to services listed in paragraph 1.

Banking and Other Financial Services (Excluding Insurance)

3. Article 14.6.1 applies only with respect to the provision and transfer of financial information, and financial data processing and related software, referred to in subparagraph (o) of the definition of financial service in Article 14.19 (6) , subject to prior authorization by the relevant regulator, where required, and advisory and other auxiliary financial services (7) , excluding intermediation, related to banking and financial services, and other financial services referred to in subparagraph (p) of the definition of financial service in Article 14.19 (8).

(6) It is understood that when the financial information or the processing of financial data referred to in this paragraph 3 contains personal information, its treatment shall be in accordance with Peruvian legislation regulating the protection of such information.
(7) It is understood that advisory and other auxiliary financial services do not include those services referred to in subparagraphs (e) through (o) of the definition of financial services in Article 14.19.
(8) It is understood that a trading platform, whether electronic or physical, is not included within the range of services specified in this paragraph 3.

Appendix 14.15. Authorities Responsible for Financial Services

The authority of each Party responsible for financial services shall be:

a) In the case of Peru, the Ministry of Economy and Finance, in coordination with the regulatory agencies;

b) in the case of Panama, the Dirección Nacional de Administración de Tratados Comerciales Internacionales y Defensa Comercial del Ministerio de Comercio e Industrias in consultation with the Superintendencia de Bancos, the Superintendencia de Seguros y Reaseguros and the Comisión Nacional de Valores,

or their respective successors.

Chapter 15. Maritime Services

Article 15.1. Scope of Application

1. This Chapter applies to measures adopted or maintained by any Party affecting maritime cargo transport services and maritime auxiliary services supplied by a maritime transport service supplier of a Party and by related maritime transport service suppliers or maritime auxiliary services of a Party.

2. Measures affecting the supply of maritime transport services are within the scope of the obligations contained in the relevant provisions of Chapters 12 (Investment) and 13 (Cross-Border Trade in Services), and subject to any exceptions or non-conforming measures provided for in this Agreement that are applicable to those obligations.

3. Except as provided in paragraph 2, in case of incompatibility between this Chapter and another Chapter, this Chapter shall prevail to the extent of the incompatibility.

4. Without prejudice to the provisions of this Chapter, the Parties recognize their rights and obligations contracted by virtue of international conventions emanating from the different United Nations organizations, subscribed and ratified by each o f t h e Parties, which regulate the international maritime transportation of goods as well as auxiliary maritime services or activities related to maritime transportation. (1)

(1) For greater certainty, the obligations of the Parties under the international conventions referred to in this paragraph are not subject to the dispute settlement mechanism of this Agreement.

Article 15.2. Participation In Transportation

1. The Parties agree to cooperate in order to remove any obstacles that may impede the development of maritime trade between a port of one Party and a port of the other Party and that may interfere with the various activities connected with such trade.

2. The Parties shall endeavor to ensure the safety and/or security of their ships and port facilities, the protection of the marine environment, the safety of life at sea and the work of seafarers.

Article 15.3. National Treatment

A Party shall accord in its ports to vessels of the other Party treatment no less favorable than that accorded to its own vessels with respect to free access to ports, stay and departure from ports, the use of port facilities and all facilities provided by it in connection with commercial and navigational operations, for vessels, their crew and cargo. This provision shall also apply to the assignment of docks and loading and unloading facilities.

Article 15.4. Agents and Representatives

A maritime transportation service supplier of a Party operating in the territory of the other Party shall have the right to establish representations in the territory of that other Party, in accordance with its national legislation.

Article 15.5. Recognition of Vessel Documentation

1. A Party shall recognize the nationality of a vessel of the other Party, upon verifying by means of the shipboard documents, that they have been issued by the competent authority of the other Party or by an organization recognized by said other Party, in accordance with its national legislation. For such purposes, it shall be understood that:

(a) in the case of Peru, the competent authority for issuing onboard documents is the Dirección General de Capitanías y Guardacostas or an organization recognized by Peru;

(b) In the case of Panama, the competent authority for issuing onboard documents is the Panama Maritime Authority or an organization recognized by Panama.

2. Vessel documents issued or recognized by one Party shall be recognized by the other Party.

Article 15.6. Recognition of Travel Documents of the Crew Members O F a Party's Vessel

The Parties shall recognize as travel documents of the crew members of a vessel of a Party the valid passport and seaman's book.

Article 15.7. Jurisdiction

Any dispute arising out of the contract of employment between a shipowner of one Party and a crew member of the other Party shall be referred for settlement to the respective judicial or administrative authorities of the Party to whose flag the vessel belongs.

Article 15.8. Cooperation

Recognizing the global nature of maritime transport, the Parties affirm the importance of:

(a) work together to overcome obstacles faced by companies when using the maritime transport service and share knowledge of best practices;

(b) to share information and experiences on laws, regulations and programs that make the provision of port, maritime and navigation services efficient, as well as to promote study and training opportunities for personnel related to port, maritime and navigation services, which are developed in specialized centers for this purpose;

(c) work to maintain cross-border information flows, as an essential element to promote a dynamic environment that improves the options in the offers for contracting maritime transport services;

(d) actively participate in congresses, symposiums, business meetings, fairs, hemispheric and multilateral forums to promote maritime and port development; and

(e) promote the exchange of students from the Parties' merchant marine schools.

Article 15.9. Points of Contact

1. The Parties establish the following points of contact,

(a) in the case of Peru: the General Directorate of Water Transportation of the Ministry of Transportation and Communications through the Ministry of Foreign Trade and Tourism;

(b) in the case of Panama: the Panama Maritime Authority through the National Directorate for the Administration of International Trade Treaties and Commercial Defense.

or their successors.

2. The points of contact shall meet as necessary to exchange information and to consider matters related to this Chapter, such as:

(a) implementation and administration of this Chapter;

(b) the development and adoption of common criteria, definitions and interpretations for the implementation of this Chapter; or

(c) the proposed amendments to this Chapter.

Article 15.10. Definitions

For the purposes of this Chapter:

vessel of a Party means any vessel flying the flag of a Party and registered in its registry in accordance with the legal provisions of that Party. This term does not include:

(a) vessels used exclusively by the armed forces;

(b) hydrographic, oceanographic and scientific research vessels;

(c) fishing vessels, vessels for research and inspection and for fish processing; and

(d) vessels intended to provide services in harbor traffic and port areas including pilotage, towing, assistance and rescue at sea;

crew members of a vessel of a Party means all persons, including the master and employees, who are currently under contract for activities on board the vessel during a voyage and included on the vessel's crew list or crew roster;

recognized organization means any Classification Society or other organization, which acts on behalf of the competent authority in respect of surveys, surveys, issue of certificates and documents, marking of ships and other statutory work required under the conventions of the International Maritime Organization (IMO);

supplier of services related to maritime transport or maritime auxiliary services of a Party means a person of a Party that seeks to provide or provides an activity related to maritime transport or a maritime auxiliary service;

maritime transport service supplier of a Party means a natural or juridical person of a Party, or a vessel of a Party, that seeks to provide or provides a maritime transport service;

port of a Party means a seaport, including roadsteads, in the territory of that Party that has been approved and opened for international trade; and

auxiliary maritime services or activities related to maritime transport means the supply of complementary services to the maritime activity inside or outside the port area destined to attend the cargo, the vessel or crew, in accordance with the provisions of the legislation of each Party.

Chapter 16. Telecommunications

Article 16.1. Scope of Application

1. This Chapter applies to:

(a) measures adopted or maintained by a Party relating to access to and use of public telecommunications networks or services;

(b) measures adopted or maintained by a Party relating to the obligations of suppliers of public telecommunications networks and services; and

(c) other measures adopted or maintained by a Party relating to public telecommunications networks or services (1).

2. This Chapter does not apply to measures that a Party adopts or maintains in relation to the broadcasting or cable distribution of radio or television programming, unless such measures are intended to ensure that persons operating broadcasting stations and cable systems have access to and use of public telecommunications networks and services.

3. This Chapter does not obligate a Party to:

(a) authorize a service supplier of the other Party to establish, construct, acquire, lease, operate or supply public telecommunications networks or services, except as specifically provided in this Chapter;

(b) establishing, constructing, acquiring, leasing, operating or providing public telecommunications networks or services not offered to the general public; or

(c) obligate a service provider to establish, construct, acquire, lease, operate or supply public telecommunications services or services that are not offered to the general public.

4. Likewise, this Chapter shall not be construed to prevent a Party from prohibiting persons operating private networks from using their networks to provide public telecommunications networks or services to third parties.

(1) For greater certainty, this Chapter does not impose obligations with respect to value-added services, which shall be subject to the domestic legislation of each Party. Value-added services may be defined by each Party in its territory.

Article 16.2. Access to and Use of Public Telecommunication Networks and Services (2)

1. Subject to a Party's right to restrict the supply of a service in accordance with the reservations set out in its Schedules to Annexes I and II, a Party shall ensure that enterprises of the other Party have access to and may use public telecommunications networks or services on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 6.

2. Each Party shall ensure that enterprises of the other Party have access to and may use any public telecommunications networks or services offered within or across its borders, including private leased circuits, and, to that end, shall ensure, subject to paragraphs 5 and 6, that such enterprises are permitted to do so:

(a) purchase or lease and connect terminals or other equipment interfacing with public telecommunications networks;

(b) interconnect private leased or owned circuits with that Party's public telecommunications networks and services, or with circuits leased or owned by another enterprise;

(c) use operating protocols of your choice; and

(d) perform switching, signaling and processing functions.

3. Each Party shall ensure that an enterprise of the other Party may use public telecommunications networks and services to move information in its territory or on a cross-border basis, including for intra-enterprise communications of such enterprise and to access information contained in databases or otherwise stored in a machine-readable form in the territory of any Party.

4. In addition to the provisions of Article 21.1 (General Exceptions), a Party may take measures necessary to:

(a) ensuring the security and confidentiality of messages; or

(b) protect the privacy of personal data of telecommunications end users;

provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.

5. Each Party shall ensure that no conditions are imposed on access to and use of public telecommunications networks or services, except those deemed necessary for:

(a) safeguard the public service responsibilities of providers of public telecommunications networks or services, in particular their ability to make their networks or services available to the general public;

(b) protect the technical integrity of public telecommunications networks or services; or

(c) ensure that service suppliers of the other Party do not supply services that are limited by the reservations listed by the Parties in their Schedules to Annexes I and II.

6. Provided that they meet the criteria set forth in paragraph 5, the conditions for access to and use of public telecommunications networks or services may include:

(a) the requirement to use specific technical interfaces, including interface protocols, for interconnection with such networks and services;

(b) requirements, when necessary, for the interoperability of such services;

(c) the approval of terminal equipment or other equipment interfacing with the network and technical requirements related to the connection of such equipment to these networks;

(d) restrictions on the interconnection of privately owned or leased circuits with such networks or services, or with circuits owned or leased by another company; and

(e) notification, registration and licensing.

(2) For greater certainty, this Article does not prohibit any Party from requiring a license, concession or other type of authorization for an enterprise to supply any public telecommunications service in its territory.

Article 16.3. Procedures Relating to Licenses or Concessions

1. Where a Party requires a supplier to have a license, concession, permit, registration or other type of authorization to provide public telecommunications networks or services, the Party shall make such license, concession, permit, registration or other type of authorization publicly available:

(a) all applicable criteria and procedures for the granting of the license or concession, permit, registration or other type of authorization;

(b) the period of time normally required to reach a decision on an application for a license, concession, permit, registration or other type of authorization; and

(c) the terms and conditions of all licenses, concessions, permits, registrations or other types of authorizations it has issued.

2. The Party shall ensure that, if the application is denied, the applicant is informed of the reasons for its decision in accordance with each Party's procedures.

Article 16.4. Behavior of Dominant or Significant Suppliers

Treatment of Dominant or Significant Suppliers

1. Each Party shall ensure that dominant or major suppliers in its territory accord to public telecommunications service suppliers of another Party treatment no less favorable than that accorded by such major suppliers to their subsidiaries, their affiliates or non-affiliated service suppliers with respect to:

(a) the availability, supply, rates or quality of similar public telecommunications networks or services; and

  • Chapter   1 Initial Provisions and General Definitions 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of the Free Trade Zone 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relationship to other International Agreements 1
  • Article   1.4 Scope of Obligations 1
  • Section   B General Definitions 1
  • Article   1.5 Definitions of General Application 1
  • Annex 1.5  Country-Specific Definitions 1
  • Chapter   2 Access to Commodity Markets 1
  • Article   2.1 Scope of Application 1
  • Section   A National Treatment 1
  • Article   2.2 National Treatment 1
  • Section   B Tariff Elimination 1
  • Article   2.3 Tariff Elimination 1
  • Section   C Special Regimes 1
  • Article   2.4 Exemption from Customs Duties 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Goods Reimported after Repair or Alteration 1
  • Article   2.7 Free Lmport from Tariffs Tariffs for Commercial Samples of Insignificant Value and Printed Advertising Materials 1
  • Section   D Non-Tariff Measures 1
  • Article   2.8 Import and Export Restrictions 1
  • Article   2.9 Import and Export Licensing 2
  • Article   2.10 Administrative Burdens and Formalities 2
  • Article   2.11 Export Taxes 2
  • Section   E Other Measures 2
  • Article   2.12 State Trading Enterprises 2
  • Article   2.13 Customs Valuation 2
  • Section   F Agriculture 2
  • Article   2.14 Scope and Coverage 2
  • Article   2.15 Agricultural Export Subsidies 2
  • Section   G Institutional Arrangements Rule 2
  • Article   2.16 Committee on Trade In Goods 2
  • Section   H Definitions 2
  • Article   2.17 Definitions 2
  • Chapter   3 Rules of Origin and Origin Procedures 2
  • Section   A Rules of Origin 2
  • Article   3.1 Originating Goods 2
  • Article   3.2 Wholly Obtained or Wholly Produced Goods 2
  • Article   3.3 Regional Content Value 2
  • Article   3.4 Minimum Operations or Processes 2
  • Article   3.5 Intermediate Material 2
  • Article   3.6 Accumulation 2
  • Article   3.7 De Minimis 2
  • Article   3.8 Goods and Fungible Materials 2
  • Article   3.9 Accessories, Spare Parts and Tools 2
  • Article   3.10 Sets or Assortments of Goods 2
  • Article   3.11 Retail Containers and Packaging Materials 2
  • Article   3.12 Containers and Packing Materials for Shipment 2
  • Article   3.13 Indirect Materials 3
  • Article   3.14 Direct Transport 3
  • Section   B Origin Procedures 3
  • Article   3.15 Proof of Origin 3
  • Article   3.16 Certificate of Origin 3
  • Article   3.17 Declaration of Origin 3
  • Article   3.18 Approved Exporter 3
  • Article   3.19 Notifications 3
  • Article   3.20 Electronic Certificate of Origin 3
  • Article   3.21 Obligations Relating to Imports 3
  • Article   3.22 Refund of Customs Duties 3
  • Article   3.23 Supporting Documents 3
  • Article   3.24 Preservation of Proofs of Origin and Supporting Documents 3
  • Article   3.25 Exceptions to the Proof of Origin Requirement 3
  • Article   3.26 Verification Process 3
  • Article   3.27 Measures to Guarantee the Fiscal Interest 3
  • Article   3.28 Sanctions 3
  • Article   3.29 Review and Appeal Appeals 3
  • Article   3.30 Confidentiality 3
  • Article   3.31 Invoicing by a Third Country 3
  • Article   3.32 Uniform Regulations 3
  • Article   3.33 Rules of Origin Committee 3
  • Article   3.34 Re-export Certificate 4
  • Article   3.35 Definitions 4
  • Chapter   4 Trade Facilitation and Customs Procedures 4
  • Article   4.1 Publication 4
  • Article   4.2 Dispatch of Goods 4
  • Article   4.3 Automation 4
  • Article   4.4 Risk Administration or Risk Management 4
  • Article   4.5 Transit of Goods 4
  • Article   4.6 Expedited Delivery Shipments 4
  • Article   4.7 Authorized Economic Operator 4
  • Article   4.8 Foreign Trade Single Window 4
  • Article   4.9 Review and Appeal 4
  • Article   4.10 Sanctions 4
  • Article   4.11 Advance Rulings 4
  • Article   4.12 Committee on Trade Facilitation and Customs Procedures 4
  • Chapter   5 Cooperation and Mutual Administrative Assistance In Customs Matters 4
  • Article   5.1 Scope 4
  • Article   5.2 Implementation 4
  • Article   5.3 Communication of Information 4
  • Article   5.4 Verification 4
  • Article   5.5 Cooperation and Technical Assistance 4
  • Article   5.6 Applications 5
  • Article   5.7 Execution of Applications 5
  • Article   5.8 Archives, Documents and other Materials 5
  • Article   5.9 Use of Information 5
  • Article   5.10 Confidentiality 5
  • Article   5.11 Costs 5
  • Article   5.12 Exception from the Obligation to Provide Assistance 5
  • Article   5.13 Process of Verification of Compliance Y Dispute Resolution Dispute Resolution 5
  • Article   5.14 Definitions 5
  • Chapter   6 Sanitary and Phytosanitary Measures 5
  • Article   6.1 Scope of Application 5
  • Article   6.2 Objectives 5
  • Article   6.3 Reaffirmation of WTO SPS Agreement 5
  • Article   6.4 Rights and Obligations of the Parties 5
  • Article   6.5 Equivalence 5
  • Article   6.6 Risk Assessment and Determination of the Appropriate Level of SPS Protection 5
  • Article   6.7 Adaptation to Regional Conditions with Inclusion of Pest- or Disease Free Areas and Areas of Low Pest or Disease Prevalence 5
  • Article   6.8 Inspection, Control and Approval 5
  • Article   6.9 Transparency 5
  • Article   6.10 Cooperation and Technical Assistance 5
  • Article   6.11 Committee on Sanitary and Phytosanitary Measures 5
  • Article   6.12 Settlement of Disputes 5
  • Article   6.13 Definitions 5
  • Chapter   7 Technical Barriers to Trade 5
  • Article   7.1 Scope of Application 5
  • Article   7.2 Objectives 5
  • Article   7.3 Reaffirmation of the WTO TBT Agreement 5
  • Article   7.4 Trade Facilitation 5
  • Article   7.5 Use of International Standards 5
  • Article   7.6 Technical Regulations 5
  • Article   7.7 Conformity Assessment 5
  • Article   7.8 Transparency 6
  • Article   7.9 Technical Cooperation 6
  • Article   7.10 Committee on Technical Barriers to Trade 6
  • Article   7.11 Exchange of Information 6
  • Article   7.12 Definitions 6
  • Chapter   8 Trade Defense 6
  • Section   A Bilateral Safeguard Measures 6
  • Article   8.1 Imposition of a Bilateral Safeguard Measure 6
  • Article   8.2 Standards for a Bilateral Safeguard Measure 6
  • Article   8.3 Investigation Procedures and Transparency Requirements 6
  • Article   8.4 Provisional Bilateral Safeguard Measures 6
  • Article   8.5 Notification and Consultation 6
  • Article   8.6 Compensation 6
  • Article   8.7 Definitions 6
  • Section   B Global Safeguarding Measures 6
  • Article   8.8 Global Safeguarding Measures 6
  • Section   C Antidumping and Countervailing Duties 6
  • Article   8.9 Antidumping and Countervailing Duties 6
  • Section   D Cooperation 6
  • Article   8.10 Cooperation 6
  • Chapter   9 Intellectual Property 6
  • Article   9.1 Basic Principles 6
  • Article   9.2 General Provisions 6
  • Article   9.3 Marks 6
  • Article   9.4 Geographical Indications 7
  • Article   9.5 Traditional Knowledge 7
  • Article   9.6 Measures Related to the Protection of Biodiversity and Traditional Knowledge 7
  • Article   9.7 Copyright and Related Rights 7
  • Article   9.8 Enforcement 7
  • Article   9.9 Cooperation and Science and Technology 7
  • Chapter   10 Public Procurement 7
  • Article   10.1 Scope of Application 7
  • Article   10.2 Safety and General Exceptions 7
  • Article   10.3 General Principles 7
  • Article   10.4 Use of Electronic Means In Public Contracting 8
  • Article   10.5 Publication of Procurement Information 8
  • Article   10.6 Publication of Notices 8
  • Article   10.7 Conditions for Participation 8
  • Article   10.8 Information on Future Procurements 8
  • Article   10.9 Deadlines 8
  • Article   10.10 Procurement Procedures 8
  • Article   10.11 Electronic Auctions 8
  • Article   10.12 Opening of Bids and Award of Contracts 8
  • Article   10.13 Transparency of Procurement Information 8
  • Article   10.14 Disclosure of Information 8
  • Article   10.15 Article 10.15: National Review Procedures for the Lodging of Appeals 8
  • Article   10.16 Modifications and Amendments to Coverage 8
  • Article   10.17 Integrity In Procurement Practices 9
  • Article   10.18 Additional Negotiations 9
  • Article   10.19 Participation of Micro, Small and Medium-Size Enterprises 9
  • Article   10.20 Cooperation 9
  • Article   10.21 Public Procurement Committee 9
  • Article   10.22 Definitions 9
  • Chapter   11 Competition Policy 9
  • Article   11.1 Objectives 9
  • Article   11.2 Legislation and Competent Authorities 9
  • Article   11.3 Cooperation 9
  • Article   11.4 Notifications 9
  • Article   11.5 Exchange of Information 9
  • Article   11.6 Consultations 9
  • Article   11.7 Settlement of Disputes 9
  • Chapter   12 Investment 9
  • Section   A Substantive Obligations 9
  • Article   12.1 Scope of Application and Coverage (1) 9
  • Article   12.2 National Treatment 9
  • Article   12.3 Most-Favored-Nation Treatment 9
  • Article   12.4 Minimum Standard of Treatment (2) 9
  • Article   12.5 Senior Management and Boards of Directors 9
  • Article   12.6 Performance Requirements 9
  • Article   12.7 Nonconforming Measures 9
  • Article   12.8 Environmental Measures 10
  • Article   12.9 Treatment In the Event of a Dispute 10
  • Article   12.10 Expropriation and Compensation (7) 10
  • Article   12.11 Transfers 10
  • Article   12.12 Denial of Benefits 10
  • Article   12.13 Special Formalities and Information Requirements 10
  • Article   12.14 Subrogation 10
  • Section   B Investor-State Dispute Settlement 10
  • Article   12.15 Consultation and Negotiation 10
  • Article   12.16 Submission of a Claim to Arbitration 10
  • Article   12.17 Consent of Each Party to Arbitration 10
  • Article   12.18 Conditions and Limitations on Consent of Each Party 10
  • Article   12.19 Procedure Regarding Prudential Measures 10
  • Article   12.20 Selection of Arbitrators 10
  • Article   12.21 Conduct of the Arbitration 10
  • Article   12.22 Transparency In Arbitration Proceedings 10
  • Article   12.23 Applicable Law 11
  • Article   12.24 Interpretation of Exhibits 11
  • Article   12.25 Expert Reports 11
  • Article   12.26 Consolidation of Proceedings 11
  • Article   12.27 Awards 11
  • Article   12.28 Finality and Enforcement of an Award 11
  • Article   12.29 Delivery of Documents 11
  • Section   C Definitions 11
  • Article   12.30 Definitions 11
  • Annex 12.4  Customary International Law 11
  • Annex 12.10  Expropriation 11
  • Annex 12.15  Delivery of Documents to a Party under Section B (Investor-State Dispute Settlement) 11
  • Annex 12.21  Communications from Non-Disputing Parties 11
  • Chapter   13 Cross-Border Trade In Services 12
  • Article   13.1 Scope of Application 12
  • Article   13.2 Subsidies 12
  • Article   13.3 National Treatment 12
  • Article   13.4 Most-Favored-Nation Treatment 12
  • Article   13.5 Market Access 12
  • Article   13.6 Local Presence 12
  • Article   13.7 Nonconforming Measures 12
  • Article   13.8 Notification (4) 12
  • Article   13.9 Transparency In the Development and Application of the Regulations (5) 12
  • Article   13.10 National Regulations 12
  • Article   13.11 Mutual Recognition 12
  • Article   13.12 Transfers and Payments 12
  • Article   13.13 Denial of Benefits 12
  • Article   13.14 Implementation 12
  • Article   13.15 Definitions 12
  • Appendix 13.11  Professional Services 12
  • Chapter   14 Financial Services 12
  • Article   14.1 Scope of Application and Coverage 12
  • Article   14.2 National Treatment 13
  • Article   14.3 Most-Favored-Nation Treatment 13
  • Article   14.4 Recognition 13
  • Article   14.5 Right of Establishment 13
  • Article   14.6 Cross-Border Trade 13
  • Article   14.7 New Financial Services 13
  • Article   14.8 Treatment of Certain Information 13
  • Article   14.9 Senior Management and Boards of Directors 13
  • Article   14.10 Nonconforming Measures 13
  • Article   14.11 Exceptions 13
  • Article   14.12 Transparency 13
  • Article   14.13 Self-Regulatory Organizations 13
  • Article   14.14 Payment and Clearing Systems 13
  • Article   14.15 Financial Services Committee 13
  • Article   14.16 Consultations 13
  • Article   14.17 Settlement of Disputes 13
  • Article   14.18 Financial Services Investment Disputes 13
  • Article   14.19 Definitions 13
  • Annex 14.6  Cross Border Trade 14
  • Section   A Panama 14
  • Section   B Peru 14
  • Appendix 14.15  Authorities Responsible for Financial Services 14
  • Chapter   15 Maritime Services 14
  • Article   15.1 Scope of Application 14
  • Article   15.2 Participation In Transportation 14
  • Article   15.3 National Treatment 14
  • Article   15.4 Agents and Representatives 14
  • Article   15.5 Recognition of Vessel Documentation 14
  • Article   15.6 Recognition of Travel Documents of the Crew Members O F a Party's Vessel 14
  • Article   15.7 Jurisdiction 14
  • Article   15.8 Cooperation 14
  • Article   15.9 Points of Contact 14
  • Article   15.10 Definitions 14
  • Chapter   16 Telecommunications 14
  • Article   16.1 Scope of Application 14
  • Article   16.2 Access to and Use of Public Telecommunication Networks and Services (2) 14
  • Article   16.3 Procedures Relating to Licenses or Concessions 14
  • Article   16.4 Behavior of Dominant or Significant Suppliers 14
  • Article   16.5 Universal Service 15
  • Article   16.6 Allocation and Use of Scarce Resources 15
  • Article   16.7 Regulatory Body 15
  • Article   16.8 Compliance 15
  • Article   16.9 Settlement of Domestic Telecommunication (3) 15
  • Article   16.10 Transparency 15
  • Article   16.11 Abstention 15
  • Article   16.12 Relation to other Chapters 15
  • Article   16.13 International Standards and Organizations 15
  • Article   16.14 Definitions 15
  • Chapter   17 Temporary Entry of Business Persons 15
  • Article   17.1 General Principles 15
  • Article   17.2 General Obligations 15
  • Article   17.3 Temporary Entry Authorization 15
  • Article   17.4 Exchange of Information 15
  • Article   17.5 Committee on Temporary Entry of Business Persons 15
  • Article   17.6 Cooperation 15
  • Article   17.7 Settlement of Disputes 15
  • Article   17.8 Relationship with other Chapters 15
  • Article   17.9 Transparency In the Processing of Applications 15
  • Article   17.10 Definitions 15
  • Annex 17.3(1)  Categories of Business Persons 15
  • Section   A Business Visitors 15
  • Appendix 1  Business Visitors 16
  • Section   B Merchants and Investors 16
  • Section   C Intracompany Transfers of Personnel 16
  • Annex 17.3(2)  Section C: Intracompany Transfers of Personnel 16
  • Panama 16
  • Section   A Business Visitors 16
  • Section   B Merchants and Investors 16
  • Section   C Intracompany Transfers of Personnel 16
  • Peru 16
  • Section   A Business Visitors 16
  • Section   B Merchants and Investors 16
  • Section   C Intracompany Transfers of Personnel 16
  • Chapter   18 Dispute Resolution 16
  • Article   18.1 Cooperation 16
  • Article   18.2 Scope of Application 16
  • Article   18.3 Election of the Forum 16
  • Article   18.4 Consultations 16
  • Article   18.5 Establishment of a Panel 16
  • Article   18.6 Qualifications of Panelists 16
  • Article   18.7 Selection of the Panel 16
  • Article   18.8 Rules of Procedure 16
  • Article   18.9 Report of the Panel 16
  • Article   18.10 Compliance with the Report 16
  • Article   18.11 Noncompliance - Suspension of Benefits 16
  • Article   18.12 Compliance Review and Suspension of Benefits 17
  • Article   18.13 Matters Relating to Judicial and Administrative Proceedings 17
  • Article   18.14 Rights of Individuals 17
  • Article   18.15 Alternative Means of Dispute Resolution 17
  • Article   18.16 Suspension and Termination of Proceedings 17
  • Chapter   19 Transparency 17
  • Article   19.1 Points of Contact 17
  • Article   19.2 Publication 17
  • Article   19.3 Provision of Information 17
  • Article   19.4 Administrative Procedures 17
  • Article   19.5 Review and Challenge 17
  • Article   19.6 Specific Standards 17
  • Article   19.7 Definitions 17
  • Chapter   20 Administration of the Treaty 17
  • Article   20.1 The Free Trade Commission 17
  • Article   20.2 Free Trade Agreement Coordinators 17
  • Article   20.3 Administration of Dispute Settlement Procedures 17
  • Annex 20.1  The Free Trade Commission 17
  • Annex 20.2  Free Trade Agreement Coordinators 17
  • Chapter   21 Exceptions 17
  • Article   21.1 General Exceptions 17
  • Article   21.2 Essential Security 17
  • Article   21.3 Taxation 17
  • Article   21.4 Disclosure of Information 17
  • Article   21.5 Balance of Payments Safeguard Measures 17
  • Chapter   22 Final Provisions 17
  • Article   22.1 Annexes, Appendices and Footnotes 17
  • Article   22.2 Amendments 17
  • Article   22.3 Article 22.3: Amendments to the WTO Agreement 17
  • Article   22.4 Reservations and Interpretative Statements (1) 17
  • Article   22.5 Entry Into Force 17
  • Article   22.6 Denunciation 18
  • Annex I  Nonconforming Measures 18
  • Annex I  Explanatory Note 18
  • Annex I  Schedule of Panama 18
  • Annex I  Schedule of Peru 20
  • Annex II  Nonconforming Measures 22
  • Annex II  Explanatory Note 22
  • Annex II   Schedule of Panama 22
  • Annex II  Schedule of Peru 23