Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Description:Cross Border Trade and Investment in Services
Panama reserves the right to adopt or maintain a measure related to the requirements to invest, acquire, control and operate vessels engaged in fishing and related activities in Panamanian jurisdictional waters.
7. Sector: All Sectors
Subsector:
Obligations Affected: Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Description:Cross Border Trade and Investment in Services
1. Panama reserves the right to adopt or maintain measures that grant differential treatment to countries under a bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
2. Panama reserves the right to adopt or maintain measures that grant differential treatment to countries by virtue of a bilateral or multilateral international treaty in force or signed subsequent to the date of entry into force of this Agreement with respect to:
(a) aviation;
(b) fishing; or
(c) maritime affairs, including salvage.
8. Sector: All Sectors
Subsector:
Obligations Affected: Market Access (Article 13.5)
Description:Cross Border Trade in Services
Panama reserves the right to adopt or maintain measures that are not inconsistent with Panama's obligations under Article XVI of the GATS, except for the following sectors, subject to the limitations and conditions set out in Annex I:
(a) reserve 9 on Electric Power;
(b) reserve 23 on Telecommunications Services;
(c) reserve 25 on Commercial Services: Discotheques, Bars, Pubs, Canteens, Wineries;
(d) reserve 26 on Community, Social and Personal Services;
(e) reserve 27 on Communications Services; and
(f) reserve 28 on Ports and Airports.
This reserve does not apply to the following sectors:
(a) Real estate services (commercial and/or residential); and
(b) Call center services.
9. Sector: Transportation Services
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 restricting the supply of services and investment related to scheduled passenger transportation, other types of non-scheduled passenger transportation, and commercial freight vehicle rental services with operator, or bus terminal services.
2. Inland cabotage within Panama's borders is reserved for national carriers only.
10. Sector: Publications y Business Services - Professional Services
Subsector:
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Senior Management and Boards of Directors (Article 12.5) Most-Favored-Nation Treatment (Article 13.4) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
1. Panama reserves the right to adopt or maintain measures relating to investment and administrative or managerial personnel of Panamanian print media, such as a newspaper or magazine.
2. Panama reserves the right to adopt or maintain measures related to the requirements for the professional practice of the profession of journalists.
Annex II. Schedule of Peru
Sector: All Sectors
Subsector:
Obligations Affected: Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that grants differential treatment to countries pursuant to any bilateral or multilateral international treaty in force or entered into prior to the date of entry into force of this Agreement.
Peru reserves the right to adopt or maintain any measure that grants differential treatment to countries pursuant to any bilateral or multilateral international treaty in force or entered into after the date of entry into force of this Agreement with respect to:
(a) aviation;
(b) fishing; or
(c) maritime affairs, (1) including salvage.
2. Sector Matters Related with Communities Indigenous, Campesino, Native and Minority Communities
Subsector:
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Senior Management and Boards of Directors (Article 12.5) Performance Requirements (Article 12.6) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and ethnic groups.
For purposes of this entry, "ethnic groups" means indigenous, native and peasant communities.
3. Sector: Fishing and Fishing-Related Services
Subsector:
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Performance Requirements (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure related to artisanal fishing.
4. Sector: Cultural Industries
Subsector:
Obligations Affected: Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Description: Investment and Cross-Border Trade in Services
For purposes of this entry, the term "cultural industries" means:
(a) publication, distribution or sale of books, magazines, periodicals or printed or electronic newspapers, excluding the isolated activity of printing and typesetting of any of the foregoing;
(b) production, distribution, sale or exhibition of film or video recordings;
(c) production, distribution, sale or exhibition of audio or video recordings of music;
(d) performing arts production and presentation (2) ;
(e) production and exhibition of visual arts;
(f) production, distribution or sale of printed or machine-readable music;
(g) design, production, distribution and sale of handicrafts; or
(h) radio broadcasting for the general public, as well as all activities related to radio, television and cable transmission, satellite programming services and transmission networks.
Peru reserves the right to adopt or maintain any measure granting preferential treatment to persons (natural and juridical) from other countries under any existing or future bilateral or multilateral international treaty with respect to cultural industries, including agreements of audiovisual cooperation.
For greater certainty, Articles 12.2 (National Treatment) and 12.3 (Most-Favored-Nation Treatment) and Chapter 13 (Cross-Border Trade in Services) do not apply to government support programs for the promotion of cultural activities.
5. Sector: Crafts
Subsector:
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Performance Requirements (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to the design, distribution, retail sale or exhibition of handicrafts that are identified as Peruvian handicrafts.
Performance requirements shall in all cases be consistent with the Agreement on Trade-Related Investment Measures (TRIMs Agreement).
6. Sector: Audiovisual Industry
Subsector:
Obligations Affected: National Treatment (Article 13.3) Performance Requirements (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that establishes a specific percentage (up to twenty percent (20%) of the total number of cinematographic works exhibited annually in cinemas or exhibition halls in Peru for Peruvian cinematographic works. The criteria to be considered by Peru for the establishment of such percentage include: national cinematographic production, the exhibition infrastructure and the attendance of the public.
7. Sector: Jewelry Design Performing Arts Visual Arts Music Industry Publishing Industry
Subsector:
Obligations Affected: Performance Requirements (Article 12.6) National Treatment (Article 13.3)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support for the development and production of jewelry design, performing arts, visual arts, music and publishing, to the achievement of a level or percentage of domestic creative content.
8. Sector: Audiovisual Industry Publishing Industry Music Industry
Subsector:
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Description: Investment and Cross-Border Trade in Services
Peru may adopt or maintain any measure that accords to a person of another Party the same treatment accorded by such Party to a Peruvian person in the audiovisual sector, editorial and musical.
9. Sector Social Services
Subsector:
Obligations Affected: National Treatment (Articles 12.2 and 12.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Senior Management and Boards of Directors (Article 12.5) Performance Requirements (Article 12.6) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to law enforcement and the provision of social rehabilitation services as well as the following services, insofar as they are social services that are established or maintained for reasons of public interest: insurance and income security, social security services, social welfare, public education, public training, health and child care.
10. Sector: Drinking Water Utility
Subsector:
Obligations Affected: Local Presence (Article 13.6)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to the public drinking water service.
11. Sector: Sewage Public Service
Subsector:
Obligations Affected: Local Presence (Article 13.6)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to public sewage services.
12. Sector: Telecommunications
Subsector:
Obligations Affected: Most-Favored-Nation Treatment (Article 13.4) Local Presence (Article 13.6)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to the granting of a concession for the installation, operation and exploitation of public telecommunications services.
13. Sector: Education Services
Subsector:
Obligations Affected: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4) Local Presence (Article 13.6)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to natural persons who provide educational services, including teachers and auxiliary personnel who provide educational services at the stages of basic education and higher education, including "technical-productive education", and other persons who provide services related to education, including promoters of educational institutions at any level or level of education, and other persons who provide services related to education, including promoters of educational institutions at any level or level of education, including teachers and auxiliary personnel who provide educational services at the stages of basic education and higher education, including "technical-productive education", and other persons who provide services related to the educational system.
14. Sector: Transportation
Subsector: Road Transportation Services
Obligations Affected: National Treatment (Article 13.3)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure authorizing only Peruvian natural or juridical persons to provide land transportation services of goods or persons within the territory of the Republic of Peru (cabotage). For this purpose, companies must use Peruvian vehicles.
15. Sector: Transportation
Subsector: International Road Transportation Services
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)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure related to international land transportation of cargo or passengers in border areas.