Panama - Peru FTA (2011)
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4. No Party may require that, as a condition of an import commitment or for the importation of a good, a person of the other Party establish or maintain a contractual or other relationship with a distributor in its territory.

5. For the purposes of paragraph 4, distributor means a person of a Party who is responsible for commercial distribution, agency, dealership or representation in the territory of that Party, of goods of the other Party.

Article 2.9. Import and Export Licensing

1. No Party shall maintain or adopt a measure that is inconsistent with the WTO Agreement on Import Licensing Procedures (hereinafter referred to as the WTO Import Licensing Agreement). For this purpose, the WTO Agreement on Import Licensing and its interpretative notes are incorporated into this Agreement and form an integral part thereof, mutatis mutandis.

2. Upon entry into force of this Agreement, each Party shall notify the other Party of any existing import licensing procedures.

3. Each Party shall notify the other Party of any new import licensing procedures and any modifications to its existing import licensing procedures within sixty (60) days prior to their effectiveness. A notification provided under this Article:

(a) shall include the information set forth in Article 5 of the WTO Import Licensing Agreement; and

(b) shall not prejudge whether the import licensing procedure is compatible with this Agreement.

4. No Party may apply an import licensing procedure to a good of the other Party without having provided a notification in accordance with paragraph 2 or 3, as appropriate.

5. With the objective of seeking greater transparency in reciprocal trade, the Party that establishes procedures for the processing of export licenses shall notify the other Party in a timely manner.

Article 2.10. Administrative Burdens and Formalities

1. Each Party shall ensure, in accordance with Article VII of the GATT 1994 and its interpretative notes, that all fees and charges of any nature (other than customs duties, charges equivalent to an internal tax or other internal charges applied in accordance with Article II:2 of GATT 1994, and anti-dumping and countervailing duties), imposed on or in connection with importation or exportation, shall be limited to the approximate cost of services rendered and shall not represent an indirect protection to domestic goods or a tax on imports or exports for fiscal purposes. For this purpose, Article VIII of GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof, mutatis mutandis.

2. Neither Party shall require consular transactions, including related fees and charges, in connection with the importation of any goods of the other Party.

3. Each Party shall make available and maintain, through the Internet, an updated list of fees or charges imposed in connection with importation or exportation.

Article 2.11. Export Taxes

Neither Party shall adopt or maintain a tax, levy or other charge on the exportation of any good to the territory of the other Party.

Section E. Other Measures

Article 2.12. State Trading Enterprises

The rights and obligations of the Parties with respect to state trading enterprises shall be governed by Article XVII of GATT 1994, its interpretative notes and the Understanding on the Interpretation of Article XVII of GATT 1994, which are incorporated into and form an integral part of this Agreement, mutatis mutandis.

Article 2.13. Customs Valuation

1. The WTO Customs Valuation Agreement and any successor agreement shall govern the customs valuation rules applied by the Parties in their trade with each other. To this end, the WTO Customs Valuation Agreement and any successor agreement are incorporated into and form an integral part of this Agreement, mutatis mutandis.

2. Each Party's customs legislation shall comply with Article VII of the GATT 1994 and the WTO Customs Valuation Agreement.

Section F. Agriculture

Article 2.14. Scope and Coverage

This Section applies to measures adopted or maintained by a Party relating to trade in agricultural goods.

Article 2.15. Agricultural Export Subsidies

1. The Parties share the objective of the multilateral elimination of export subsidies on agricultural goods and should work together towards an agreement in the WTO to eliminate such subsidies and prevent their reintroduction in any form.

2. Neither Party may adopt or maintain any export subsidy on any agricultural commodity destined for the territory of the other Party.

3. If a Party considers that the other Party has failed to comply with its obligations under this Agreement, to maintain, introduce or reintroduce an export subsidy, such Party may request consultations with the other Party in accordance with Chapter 18 (Dispute Settlement) with the objective of taking measures to counteract the effect of such export subsidies and to achieve a mutually satisfactory solution.

Section G. Institutional Arrangements Rule

Article 2.16. Committee on Trade In Goods

1. The Parties establish a Committee on Trade in Goods (hereinafter referred to as the Committee), composed of representatives of each Party.

2. The meetings of the Committee, and of any Ad-hoc working group, shall be chaired by representatives of the Ministry of Foreign Trade and Tourism of Peru and the Ministry of Commerce and Industries of Panama, or their respective successors.

3. The functions of the Committee shall include:

(a) monitor the implementation and administration of this Chapter;

(b) report to the Commission on the implementation and administration of this Chapter, as appropriate;

(c) promote trade in goods between the Parties, including through consultations on the acceleration of tariff elimination under this Agreement, and such other matters as may be appropriate;

(d) address obstacles to trade in goods between the Parties, especially those related to the application of non-tariff measures and, if appropriate, submit these matters to the Commission for its consideration;

(e) provide the Trade Capacity Building Committee with advice and recommendations on technical assistance needs in matters relating to this Chapter;

(f) review the conversion to the 2007 Harmonized System nomenclature and subsequent revisions to ensure that each Party's obligations under this Agreement are not altered, and consult to resolve any conflicts between:

(i) the Harmonized System of 2007 or later nomenclatures and Annex 2.3 (Tariff Elimination Program); and

(ii) Annex 2.3 (Tariff Elimination Program) and national nomenclatures;

(g) consult and use their best efforts to resolve any differences that may arise between the Parties on related matters with the classification of goods under the Harmonized System;

(h) establishing Ad-hoc working groups with specific mandates; and

(i) to deal with any other matter related to this Chapter.

4. Unless otherwise agreed by the Parties, the Committee shall meet at least once a year, on the date and according to the agenda previously agreed by the Parties. The Parties shall determine those cases in which extraordinary meetings may be held.

5. The meetings may be held by any means agreed upon by the Parties. When they are face-to-face, they shall be held alternately in the territory of each Party, and it shall be the responsibility of the host Party to organize the meeting.

6. All decisions of the Committee shall be made by mutual agreement.

7. The Parties establish the Ad-hoc Working Group on Trade in Agricultural Goods, which shall report to the Committee on Trade in Goods. For the purpose of discussing any matter related to market access for agricultural goods, this group shall meet at the request of a Party no later than thirty (30) days after the request is made.

Section H. Definitions

Article 2.17. Definitions

For the purposes of this Chapter:

consumed means

(a) actually consumed; or

(b) processed or manufactured so as to result in a substantial change in the value, form or use of a good or in the production of another good;

duty-free means free of customs duties;

export license means an administrative procedure that requires the submission of an application or other documents (other than those generally required for customs clearance purposes) to the relevant administrative body as a condition precedent to export into the territory of the exporting Party;

import license means an administrative procedure that requires the submission of an application or other documents (other than those generally required for customs clearance purposes) to the relevant administrative body as a condition precedent to importation into the territory of the importing Party;

printed advertising materials means those goods classified in Chapter 49 of the Harmonized System including brochures, leaflets, printed matter, loose sheets, trade catalogs, yearbooks published by trade associations, tourist promotion materials and posters, used to promote, advertise or advertise a good or service, with the intention of advertising a good or service, and which are distributed free of charge;

goods temporarily admitted for sporting purposes means sporting equipment for use in sporting competitions, events or training in the territory of the Party into which they are admitted;

agricultural goods means those goods referred to in Article 2 of the WTO Agreement on Agriculture;

commercial samples of negligible value means commercial samples valued, individually or in the aggregate shipped, at not more than one United States dollar (US$ 1) or the equivalent amount in the currency of the other Party, or which are marked, torn, punctured or otherwise treated in a manner that disqualifies them for sale or for any use other than as samples;

goods intended for exhibition or demonstration include their components, auxiliary apparatus and accessories;

recycled goods means goods made entirely from goods that have reached the end of their useful life and have undergone a production process resulting in a new good;

advertising films and recordings means visual media or recorded audio materials consisting essentially of images and/or sound showing the nature or operation of goods or services offered for sale or hire by a person established or resident in the territory of a Party, provided that such materials are suitable for exhibition to potential customers, but not for dissemination to the general public; performance requirement means a requirement of:

(a) export a certain volume or percentage of goods or services;

(b) replace imported goods with goods or services of the Party granting the exemption from customs duties or import license;

(c) that a person benefiting from a customs duty exemption or import license purchases other goods or services in the territory of the Party granting the customs duty exemption or import license, or grants a preference to domestically produced goods;

(d) that a person benefiting from an exemption from customs duties or import license produces goods or services in the territory of the Party granting the exemption from customs duties or the import license, with a certain level or percentage of domestic content; or

(e) relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows,

but does not include the requirement that an imported good be:

(f) subsequently exported;

(g) used as material in the production of other merchandise that is subsequently exported;

(h) replaced by an identical or similar good used as a material in the production of another good that is subsequently exported; or,

(i) replaced by an identical or similar good that is subsequently exported;

export subsidies shall have the meaning assigned to that term in Article 1(e) of the WTO Agreement on Agriculture, including any modification of that Article; and

consular transactions means the requirements whereby goods of one Party destined for export to the territory of the other Party must first be presented to the supervision of the consul of the importing Party in the territory of the exporting Party for the purpose of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, shipper's export declarations or any other customs documents required for or in connection with importation.

Chapter 3. Rules of Origin and Origin Procedures

Section A. Rules of Origin

Article 3.1. Originating Goods

Except as otherwise provided In this Chapter, a Good Is Originating When:

(a) is wholly obtained or wholly produced in the territory of a Party, as defined in Article 3.2;

(b) is produced in the territory of one or both Parties from non-originating materials that comply with the change in tariff classification, regional value content, or other specific rules of origin contained in Annex 3 (Specific Rules of Origin); or

(c) is produced in the territory of one or both Parties exclusively from originating materials, and comply with the other provisions of this Chapter.

Article 3.2. Wholly Obtained or Wholly Produced Goods

For purposes of Article 3.1(a), the following goods shall be considered to be wholly obtained or wholly produced in the territory of a Party:

(a) plants and plant products harvested or collected in the territory of a Party;

(b) live animals born and raised in the territory of a Party; 

(c) goods obtained from live animals raised in the territory of a Party;

(d) goods obtained from hunting, trapping, fishing or aquaculture in the territory of a Party;

(e) fish, crustaceans and other marine species taken from the sea or seabed, outside the territory of a Party, by a vessel registered or recorded in a Party and flying its flag;

(f) goods produced on board factory ships registered or registered in a Party and flying its flag, exclusively from the goods referred to in subparagraph (e);

(g) minerals and other inanimate natural resources extracted from the soil, waters, seabed or subsoil in the territory of a Party;

(h) goods other than fish, crustaceans and other living marine species, obtained or extracted by a Party from marine waters, seabed or subsoil outside the territory of a Party, provided that Party has rights to exploit such marine waters, seabed or subsoil;

(i) wastes and residues derived from:

(i) manufacturing operations conducted in the territory of a Party; or

(ii) used goods collected in the territory of a Party,

provided that such waste or scrap is used only for the recovery of raw materials; and

(j) goods produced in a Party exclusively from the materials referred to in subparagraphs (a) through (i).

Article 3.3. Regional Content Value

1. The regional value content (hereinafter RVC) of a good shall be calculated on the basis of the following method:

RCV = FOB - VMN / FOB x 100 

where:

RCV: is the regional content value, expressed as a percentage;

FOB: is the free on board value of the goods, in accordance with the Article 3.35; and

VMN: is the value of non-originating materials.

2. The value of non-originating materials shall be:

(a) the CIF value at the time of importation of the material; or

(b) the first determinable price paid or payable for the non-originating materials, in the territory of the Party where the process was carried out, or transformation. When the producer of a good acquires non-originating materials within that Party, the value of such materials shall not include freight, insurance, packing costs and all other costs incurred in transporting the material from the supplier's warehouse to the place where the producer is located.

3. The values referred to above shall be determined in accordance with the WTO Customs Valuation Agreement.

Article 3.4. Minimum Operations or Processes

1. The operations or processes that, individually or in combination, do not confer origin to a good are the following:

(a) operations to ensure the preservation of goods in good condition during transportation and storage;

(b) grouping or splitting of packages; (c) packing, unpacking or repacking operations for retail sale; or

(d) slaughter of animals.

2. The provisions of this article shall prevail over the specific rules of origin contained in Annex 3 (Specific Rules of Origin).

Article 3.5. Intermediate Material

When an intermediate material is used in the production of a good, no account shall be taken of the non-originating materials contained in such intermediate material for purposes of determining the origin of the good.

Article 3.6. Accumulation

1. Goods or materials originating in the territory of a Party, incorporated in a good in the territory of the other Party, shall be considered originating in the territory of that other Party.

2. A good shall be considered originating when it is produced in the territory of one or both Parties by one or more producers, provided that the good meets the requirements set out in Article 3.1 and all other applicable requirements of this Chapter.

3. Materials from Costa Rica, El Salvador, Guatemala or Honduras, incorporated in a good produced in the territory of the exporting Party, shall be considered originating in such Party, provided that there is a trade agreement in force between Peru and such countries and they comply with the specific rules of origin established in this Agreement.

4. For goods classified in Chapters 50 through 63 of the Harmonized System, paragraph 3 shall apply only when the applied customs duty is zero percent (0%) for both the cumulated materials and the final good, in accordance with the tariff elimination program established in this Agreement, as well as in the tariff elimination programs established in the trade agreements of the countries mentioned in paragraph 3 with the importing Party of the final good with which the exporting Party cumulates origin.

5. Materials that are excluded from the tariff elimination program granted by the importing Party to the countries involved in the cumulation may not be subject to the provisions set forth in paragraph 3.

6. Where each Party has established a preferential trade agreement with the same country or group of non-Party countries, goods or materials of such country or group of non-Party countries incorporated in the territory of a Party may be considered as originating in the territory of that Party, provided that the rules of origin applicable to such good or material under this Agreement are complied with.

7. For the application of paragraph 6, each Party shall have agreed with the non Party or group of non-Parties on provisions equivalent to those indicated in that paragraph, as well as on such conditions as the Parties deem necessary for the purposes of its application.

Article 3.7. De Minimis

1. A good shall be considered originating if the value of all non-originating materials used in its production, which do not comply with the change in tariff classification pursuant to Annex 3 (Specific Rules of Origin), does not exceed ten percent (10%) of the FOB value of the good.

2. Where the good referred to in paragraph 1 is subject to a change in tariff classification and regional value content requirement, the value of all non-originating materials shall be included in the calculation of the regional value content of the good.

3. Notwithstanding paragraph 1, a good of the textile and apparel sector classified in Chapters 50 through 63 of the Harmonized System that is non-originating because certain fibers or yarns used in the production of the component of the good that determines its tariff classification do not undergo the change in tariff classification set out in Annex 3 (Specific Rules of Origin), shall be considered an originating good if the total weight of all such fibers or yarns in that component does not exceed ten percent (10%) of the total weight of such component.

4. In all cases, the merchandise shall comply with all other applicable requirements of this Chapter.

Article 3.8. Goods and Fungible Materials

1. For the purpose of determining whether a good is originating, any good or fungible material shall be distinguished by:

(a) a physical separation of the goods or materials; or

(b) a method of inventory management recognized in the Generally Accepted Accounting Principles of the exporting Party.

2. The inventory management method selected, in accordance with paragraph 1, for a particular commodity or expendable material will continue to be used for those commodities or materials during the taxable year of the person who selected the inventory management method.

Article 3.9. Accessories, Spare Parts and Tools

1. Accessories, spare parts or tools delivered with the good shall be treated as originating if the good is originating and shall be disregarded in determining whether all non-originating materials used in the production of the good undergo the corresponding change in tariff classification, provided that:

(a) the accessories, spare parts or tools are classified with the merchandise and have not been invoiced separately, regardless of whether each is identified separately on the invoice itself; and

(b) the quantities and value of such accessories, spare parts or tools are those customary for the goods.

2. If a good is subject to a regional value content requirement, the value of the accessories, spare parts or tools described in paragraph | shall be considered as originating or non-originating materials, as the case may be, when calculating the regional value content of the good.

Article 3.10. Sets or Assortments of Goods

1. If goods are classified as a set as a result of the application of Rule 3 of the General Rules of Interpretation of the Harmonized System, the set shall be considered as originating only if each good in the set is originating, and both the set and the goods comply with all other applicable requirements of this Chapter.

2. Notwithstanding paragraph 1, a set or assortment of goods is originating if the value of all the non-originating goods in the set or assortment does not exceed fifteen percent (15%) of the FOB value of the set or assortment.

Article 3.11. Retail Containers and Packaging Materials

1. Where retail containers and packaging materials are classified with the merchandise, the origin of such containers and packaging materials shall not be taken into account in determining the origin of the merchandise.

2. Where goods are subject to a regional value content requirement, the value of packaging materials and retail containers shall be taken into account in determining the origin of the goods, as the case may be.

Article 3.12. Containers and Packing Materials for Shipment

Containers and packing materials for shipment shall not be taken into account in determining the origin of the goods.

Article 3.13. Indirect Materials

  • 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 TechnicalĀ 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 TraditionalĀ 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 PublicĀ 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 IIĀ   Schedule of Panama 22
  • Annex II  Schedule of Peru 23