Panama - Peru FTA (2011)
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Call-back is prohibited, understood as the offering of telephone services for the making of attempted telephone calls originating in the country, with the purpose of obtaining a return call with an invitation to dial tone, coming from a basic telecommunications network located outside the national territory.

18. Sector: Transportation

Subsector: Air Transportation

Obligations Affected: National Treatment (Article 12.2) Senior Executives and Boards of Directors (Article 12.5)

Level of government: Central

Measures: Law No. 27261, Official Gazette "El Peruano" of May 10, 2000, Civil Aeronautics Law, articles 75 and 79.

Supreme Decree N° 050-2001-MTC, Official Gazette "El Peruano" of December 26, 2001, Regulation of the Civil Aeronautics Law, articles 147, 159, 160 and VI Complementary Provision.

Description: Investment

National Commercial Aviation is reserved to Peruvian individuals and legal entities.

For the purposes of this entry, a Peruvian legal entity is considered to be one that meets the following requirements:

(a) be incorporated under Peruvian law, indicate in its corporate purpose the commercial aviation activity to which it will be dedicated and have its domicile in Peru, for which it must develop its main activities and install its administration in Peru;

(b) at least one half plus one of the directors, managers and persons in charge of the control and management of the company must be of Peruvian nationality or have permanent domicile or habitual residence in Peru; and

(c) At least fifty-one percent (51%) of the capital stock of the company must be Peruvian-owned and under the real and effective control of shareholders or partners of Peruvian nationality with permanent domicile in Peru. (This limitation shall not apply to companies incorporated under Law No. 24882, which may maintain the ownership percentages within the margins established therein). Six (6) months after granted the company's operating permit to provide commercial air transportation services, the percentage of capital stock owned by foreigners may be up to seventy percent (70%).

In operations carried out by national operators, the personnel performing aeronautical functions on board must be Peruvian. The General Directorate of Civil Aeronautics may, for technical reasons, authorize these functions to foreign personnel for a period not to exceed six (6) months from the date of authorization, extendable for proven lack of such trained personnel.

The General Directorate of Civil Aeronautics, after verifying the lack of Peruvian aeronautical personnel, may authorize the hiring of non-resident foreign personnel for the technical management of aircraft and for the training of Peruvian aeronautical personnel for a term of up to six (6) months, extendable according to the proven lack of Peruvian personnel.

19. Sector: Transportation

Subsector: Water Transportation

Obligations Affected: National Treatment (Articles 12.2 and 13.3) Local Presence (Article 13.6) Senior Executives and Boards of Directors (Article 12.5)

Level of government: Central

Measures: Law No. 28583, Official Gazette "El Peruano" of July 22, 2005, Law for the Reactivation and Promotion of the National Merchant Marine, Articles 4.1, 6.1, 7.1, 7.2, 7.4 and 13.6.

Law No. 29475, Official Gazette "El Peruano" of December 17, 2009, Law that amends Law No. 28583, Law for the Reactivation and Promotion of the National Merchant Marine, Article 13.6 and Tenth Transitory and Final Provision.

Supreme Decree No. 028 DE/MGP, Official Gazette "El Peruano" of May 25, 2001, Regulation of Law No. 26620, Article I-010106, paragraph (a).

Description: Investment and Cross-Border Trade in Services

1. National Shipping Company or National Shipping Company means the natural person of Peruvian nationality or legal entity incorporated in Peru, with main domicile, real and effective headquarters in Peru, which is engaged in the service of water transportation in domestic traffic or sabotage (2) and/or international traffic and is owner or lessee under the modalities of financial lease or bareboat lease, with mandatory purchase option, of at least one Peruvian flag merchant vessel and has obtained the corresponding Operating Permit from the General Directorate of Aquatic Transportation.

2. At least fifty-one percent (51%) of the capital stock of the legal entity, subscribed and paid, must be owned by Peruvian citizens.

3. The Chairman of the Board of Directors, the majority of the Directors and the Chief Executive Officer must be Peruvian nationals and reside in Peru.

4. The captain and crew of the vessels of national shipping companies shall be of Peruvian nationality in its entirety, authorized by the General Directorate of Coast Guard and Coast Guard. In exceptional cases and prior verification of unavailability of Peruvian personnel duly qualified and experienced in the type of vessel in question, the hiring of services of foreign nationality may be authorized up to a maximum of fifteen percent (15%) of the total crew of each vessel and for a limited period of time. This exception does not apply to the master of the vessel.

5. To obtain the license of Práctico you must be a Peruvian citizen.

6. Cabotage is reserved exclusively to Peruvian flag merchant vessels owned by the National Shipping Company or National Shipping Company or under the Financial Lease or Bareboat Lease modalities, with mandatory purchase option; except that:

(a) the transportation of hydrocarbons in national waters is reserved up to twenty-five percent (25%) for vessels of the Peruvian Navy; and

(b) for water transportation between Peruvian ports only or cabotage, in cases of non-existence of own or leased vessels under the above mentioned modalities, the chartering of foreign flag vessels will be allowed to be operated only by National Shipping Companies or National Shipping Companies, for a period not exceeding six (6) months.

(2) For greater certainty, water transportation services include lake and river transportation.

20. Sector: Transportation

Subsector: Water Transportation

Obligations Affected: National Treatment (Article 13.3) Local Presence (Article 13.6)

Level of government: Central

Measurements: Supreme Decree No. 056-2000-MTC, Official Gazette "El Peruano" of December 31, 2000. They provide that maritime and related transportation services carried out in bays and port areas must be provided by authorized natural and legal persons, with vessels and artifacts of national flag, article 1.

Ministerial Resolution Nº 259-2003-MTC/02, Official Gazette "El Peruano" of April 4, 2003. Approval of the Regulation of Water Transportation and Related Services Provided in Bay Traffic and Port Areas, articles 5 and 7.

Description: Cross-Border Trade in Services

The Water Transportation and Related Services that are performed in the bay traffic and port areas, must be rendered by natural persons domiciled in Peru and legal persons constituted and domiciled in Peru, duly authorized with vessels and naval artifacts of Peruvian flag:

(a) fueling service;

(b) mooring and unmooring service;

(c) Diver service;

(d) Ship provisioning service;

(e) Dredging service;

(f) Pilotage service;

(g) Waste collection service;

(h) Towing service; and

(i) Transportation of people.

21. Sector: Transportation

Subsector: Water Transportation

Obligations Affected: National Treatment (Article 13.3) Local Presence (Article 13.6)

Level of government: Central

Measures: Supreme Decree No. 006-2011-MTC, Official Gazette El Peruano of February 4, 2011, Supreme Decree approving the Regulation of Aquatic Tourist Transportation, Article 1.

Description: Cross-Border Trade in Services

The service of aquatic tourist transport will be rendered by natural or juridical persons, domiciled and constituted in the country, for the regional and national scope is reserved to be rendered exclusively with own or chartered vessels of Peruvian flag or under the modality of Financial Leasing or Bareboat Leasing, with obligatory purchase option.

22. Sector: Transportation

Subsector: Water Transportation Obligations Affected: National Treatment (Article 13.3) Level of government: Central

Measures: Law No. 27866, Official Gazette "El Peruano" of November 16, 2002, Port Labor Law, articles 3 and 7.

Description: Cross-Border Trade in Services

Only Peruvian citizens may register in the Port Workers Registry.

The port worker is the natural person who, under a relationship of subordination to the port employer, performs a specific service destined to the execution of tasks inherent to port work, such as "stevedore", "targeteer", "winchman", "crane operator", "portalonero", "ship's side lifter" and/or the other specialties that according to the particularities of each port are established by the Regulations of the Law.

23. Sector: Transportation

Subsector: Passenger Ground Transportation Obligations Affected: Local Presence (Article 13.6) Level of government: Central

Measures: Supreme Decree N° 017-2009-MTC, Official Gazette "El Peruano" of April 22, 2009, National Transportation Administration Regulations, Article 33, amended by Supreme Decree N° 006-2010-MTC of January 22, 2010.

Description: Cross-Border Trade in Services

The provision of transportation services must provide safety and quality to the user, for this purpose, it is necessary to have an adequate physical infrastructure, which, as appropriate, includes: offices, land terminals for people or goods, route stations, route stops, any other infrastructure used as a place for loading, unloading and storage of goods, maintenance workshops and any other infrastructure necessary for the provision of the service.

24. Sector: Transportation

Subsector: Ground Transportation Obligations Affected: National Treatment (Article 13.3)

Level of government: Central

Measures: Agreement on International Land Transportation (ATIT) between the Governments of the Republic of Chile, the Republic of Argentina, the Republic of Bolivia, the Federative Republic of Brazil, the Republic of Paraguay, the Republic of Peru and the Oriental Republic of Uruguay, signed in Montevideo on January 1, 1990.

Description: Cross-Border Trade in Services

Foreign vehicles that, in accordance with the ATIT, are permitted by Peru to carry out international road transportation, may not provide local transportation (cabotage) in Peruvian territory.

25. Sector: Research and Development Services

Subsector: Archaeological Services Obligations Affected: National Treatment (Article 13.3) Level of government: Central

Measures: Supreme Resolution No. 004-2000-ED, Diario Oficial "El Peruano" of January 25, 2000, Reglamento de Investigaciones Arqueológicas, article 30.

Description: Cross-Border Trade in Services

Archaeological research projects directed by a foreign archaeologist must have an archaeologist of Peruvian nationality and registered in the National Register of Archaeologists as co-director or scientific sub-director of the project. The co-director or sub-director will necessarily participate in the integral execution of the project (field and cabinet work).

26. Sector: Energy-Related Services

Subsector:

Obligations Affected: National Treatment (Article 13.3) Local Presence (Article 13.6)

Level of government: Central

Measures: Law No. 26221, Official Gazette "El Peruano" of August 19, 1993, General Hydrocarbons Law, Article 15.

Description: Cross-Border Trade in Services

Foreign natural persons, in order to enter into exploration contracts, must be registered in the Public Registries.

Foreign companies must establish a branch or incorporate a company in accordance with the General Companies Law, establish domicile in the capital of the Republic of Peru and appoint an agent of Peruvian nationality.

Annex II. Nonconforming Measures

Annex II. Explanatory Note

1. The Schedule of a Party to this Annex sets forth, in accordance with Articles 12.7 (Non-Conforming Measures) and 13.7 (Non-Conforming Measures), the reservations adopted by a Party for the sectors, sub-sectors or activities for which it may maintain existing measures, or adopt new or more restrictive measures, that are inconsistent with the obligations imposed by:

(a) Article 12.2 (National Treatment) or 13.3 (National Treatment);

(b) Article 12.3 (Most-Favored-Nation Treatment) or 13.4 (Most-Favored- Nation Treatment);

(c) Article 12.5 (Senior Executives and Boards of Directors);

(d) Article 12.6 (Performance Requirements);

(e) Article 13.5 (Market Access); or

(f) Article 13.6 (Local Presence).

2. Each reservation in the Party's Schedule sets forth the following elements:

(a) Sector refers to the general sector for which the reservation has been made;

(b) Subsector refers to the specific sector for which the reservation has been made;

(c) Affected Obligations specifies the obligation(s) referred to in paragraph 1 that, in accordance with Articles 12.7 (Non-Conforming Measures) and 13.7 (Non-Conforming Measures), do not apply to the sectors, sub- sectors or activities listed in the reservation; and

(d) Description establishes the coverage of the sectors, subsectors or activities covered by the reserve.

3. Pursuant to Articles 12.7 (Non-Conforming Measures) and 13.7 (Non- Conforming Measures), the Articles of this Agreement specified in the Affected Obligations element of a reservation do not apply to the sectors, sub-sectors and activities identified in the Description element of that reservation.

Annex II . Schedule of Panama

1. Sector: Social Services

Subsector:

Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Local Presence (Article 13.6) Performance Requirements (Article 12.6) Senior Executives and Boards of Directors (Article 12.5) Market Access (Article 13.5)

Description: Investment and Cross-Border Trade in Services

Panama reserves the right to adopt or maintain measures for the provision of law enforcement and prison services, as well as the following services, to the extent that they are social services that are established or maintained for reasons of public interest: pensions and unemployment insurance, social security or insurance, social security, social welfare, public education, public training, health care and child care.

2. Sector: Indigenous and Minority Populations

Subsector:

Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Local Presence (Article 13.6) Performance Requirements (Article 12.6) Senior Executives and Boards of Directors (Article 12.5)

Description: Investment and Cross-Border Trade in Services

Panama reserves the right to adopt or maintain measures that deny foreign investors and their investments, or foreign service suppliers, a right or preference granted to socially or economically disadvantaged minorities and indigenous populations in its reserve areas.

3. Sector: Panama Canal Related Matters

Subsector:

Obligations Affected: National Treatment (Articles 12.2 and 13.3) Local Presence (Article 13.6) Performance Requirements (Article 12.6) Senior Executives and Boards of Directors (Article 12.5) Market Access (Article 13.5)

Description: Investment and Cross-Border Trade in Services

1. Panama reserves the right to adopt or maintain measures related to the management, administration, operation, maintenance, conservation, modernization, exploitation, development or ownership of the Panama Canal and the reverted areas that restrict the rights of foreign investors and service providers.

2. The Panama Canal includes the water route itself, as well as its anchorages, berths and entrances; maritime, lake and river lands and waters; locks; auxiliary dikes; piers; and water control structures.

3. Reverted areas include lands, buildings and facilities and other assets that have reverted to the Republic of Panama in accordance with the Panama Canal Treaty of 1977 and its Annexes (Torrijos-Carter Treaty).

4. Sector: State-owned enterprises

Subsector:

Obligations Affected: National Treatment (Article 12.2) Local Presence (Article 13.6) Performance Requirements (Article 12.6) Senior Executives and Boards of Directors (Article 12.5)

Description: Investment and Cross-Border Trade in Services

Panama, when selling or disposing of equity interests or assets of an existing state enterprise or existing governmental entity, reserves the right to prohibit or impose limitations:

(a) on the provision of services;

(b) on the ownership of such interests or property;

(c) on the technical and financial capacity and experience of the owners of such interests or assets; and

(d) to control the foreign participation in any resulting company.

In connection with the sale or other form of disposition, Panama may adopt or maintain any measure relating to the nationality of senior executives or members of the Board of Directors.

5. Sector: Construction Services

Subsector:

Obligations Affected: National Treatment (Article 13.3)

Local Presence (Article 13.6)

Description:Cross Border Trade in Services

Panama reserves the right to adopt or maintain residency requirements, registration or other local presence obligations, or to require a financial guarantee if and when necessary to ensure compliance with Panamanian law and private contractual obligations.

6. Sector: Fisheries and Fisheries-Related Services

Subsector:

  • 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