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.
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: