Measures: Agreement on International Land Transport (Acuerdo sobre Transporte Internacional Terrestre - ATIT), signed between the Governments of the Republic of Chile, the Republic of Argentina, the Republic of Bolivia, the Federal Republic of Brazil, the Republic of Paraguay, the Republic of Peru and the Oriental Republic of Uruguay, done at Montevideo on January 1, 1990.
Description: Cross-Border Trade in Services
Foreign vehicles allowed by Peru, in conformity with the ATIT (4), which carry out international transportation by road, are not able to supply local transport (cabotage) in the Peruvian territory.
Sector: Research and Development Services
Sub-Sector: Archaeological services
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Supreme Decree Nº 003-2014-MC, “El Peruano” Official Gazette of October 3, 2014, Regulation of Archaeological Interventions (Reglamento de Intervenciones Arqueológicas), Article 30
Description: Cross-Border Trade in Services
Archaeological research programs and projects headed by a foreign archaeologist, who does not reside in Peru, must have a Peruvian director.
Both directors shall be registered in the National Registry of Archaeologists and shall assume the same responsibilities in the formulation and the integral execution of the project (field and office work), and in the elaboration of the final report.
Sector: Services related to Energy Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3) Local Presence (Article 9.5)
Level of Government: Central
Measures: Law Nº 26221, “El Peruano” Official Gazette of August 19, 1993, General Law of Hydrocarbons (Ley General de Hidrocarburos), Article 15
Description: Cross-Border Trade in Services
In order to enter into an exploration contract in Peru, foreign natural persons must register in the Public Registry and provide a power of attorney to a Peruvian national resident in the capital of the Republic of Peru.
Foreign enterprises must establish a branch or constitute a society under the General Law of Corporations (Ley General de Sociedades), be domiciled in the capital of the Republic of Peru, and appoint a Peruvian national as an executive agent.
Annex II. PERU - EXPLANATORY NOTES
1. The Schedule of Peru to this Annex sets out, pursuant to Article 8.11 (Non-Conforming Measures) and Article 9.7 (Non-Conforming Measures), the specific sectors, subsectors or activities for which Peru may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 8.5 (National Treatment) or Article 9.3 (National Treatment);
(b) Article 8.6 (Most-Favoured-Nation Treatment) or Article 9.4 (Most-FavouredNation Treatment);
(c) Article 8.9 (Performance Requirements);
(d) Article 8.10 (Senior Management and Boards of Directors);
(e) Article 9.6 (Market Access); or
(f) Article 9.5 (Local Presence)
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific subsector for which the entry is made;
(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.11.2 (Non-Conforming Measures) and Article 9.7.2 (Non- Conforming Measures), do not apply to the sectors, subsectors or activities listed in the entry;
(e) Description sets out the scope or nature of the sectors, subsectors or activities covered by the entry to which the reservation applies; and
(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors or activities covered by the entry.
3. In accordance with Article 8.11.2 (Non-Conforming Measures) and Article 9.7.2 (Non- Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors and activities identified in the Description element of that entry.
Annex II. SCHEDULE OF PERU
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreements in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, (1) including salvage.
Existing Measures:
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6) Senior Management and Boards of Directors (Article 8.10)
Description: Investment
Peru, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise (2) or an existing governmental entity, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of owners of such interests or assets to control any resulting enterprise, by investors of a Party or of a non-Party or their investments. With respect to such a sale or other disposition, Peru may adopt or maintain any measure relating to the nationality of individuals appointed to senior management positions or members of the board of directors.
For the purposes of this entry:
(a) any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements described in this entry shall be deemed to be an existing measure subject to Article 8.11.1, Article 8.11.4, Article 8.11.5 and Article 8.11.6 (Non-Conforming Measures) and Article 9.7.1 (Non-Conforming Measures); and
(b) “state enterprise” means an enterprise owned or controlled through ownership interests by Peru and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.
Existing Measures:
Sector: Indigenous Communities, Peasant, Native and Minority Affairs
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure according 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.
Existing Measures:
Sector: Fishing and Services related to Fishing
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4) Performance Requirements (Article 9.10)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure relating to artisanal fishing.
Existing Measures:
Sector: Cultural Industries
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4)
Description: Investment and Cross-Border Trade in Services
For purposes of this entry, “cultural industries” means:
(a) publication, distribution, or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b) production, distribution, sale, or display of recordings of movies or videos;
(c) production, distribution, sale, or display of music recordings in audio or video format;
(d) production and presentation of theatre arts; (3)
(e) production and exhibition of visual arts;
(f) production, distribution, or sale of printed music scores or scores readable by machines;
(g) design, production, distribution and sale of handicrafts; or
(h) radiobroadcasts aimed at the public in general, as well as all radio, television, and cable television-related activities, satellite programming services, and broadcasting networks.
Peru reserves the right to adopt or maintain any measure giving preferential treatment to persons of other countries pursuant to any existing or future bilateral or multilateral international agreement regarding cultural industries, including audio-visual cooperation agreements.
For greater certainty, Article 8.5 (National Treatment) and Article 8.6 (Most-Favoured-Nation Treatment) and Chapter 10 (Cross-Border Trade in Services) shall not apply to government support for the promotion of cultural industries.
Existing Measures:
Sector: Handicraft Industries
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Performance Requirements (Article 9.10)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure relating to the design, distribution, retailing or exhibition of handicrafts that are identified as Peruvian handicrafts.
Performance requirements shall in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures (TRIMs Agreement).
Existing Measures:
Sector: Audio-Visual Industry
Sub-Sector:
Obligations Concerned: Performance Requirements (Article 9.10) National Treatment (Article 9.3)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure whereby a specified percentage (up to 20 per cent) of the total cinematographic works shown on an annual basis in cinemas or exhibition rooms in Peru consist of Peruvian cinematographic works. In establishing such percentage, Peru shall take into account factors including the national cinematographic production, the existing exhibition infrastructure in the country and attendance.
Existing Measures:
Sector: Jewellery Design, Theatre Arts, Visual Arts, Music Publishing
Sub-Sector:
Obligations Concerned: Performance Requirements (Article 9.10) National Treatment (Article 9.3)
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 jewellery design, theatre arts, visual arts, music and publishing on the recipient achieving a given level or percentage of domestic creative content.
Existing Measures:
Sector: Audio-Visual Industry, Music Publishing
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4)
Description: Investment and Cross-Border Trade in Services
Peru may adopt or maintain any measure that affords a person of the other Party the treatment that is afforded by that Party to
Peruvian persons in the audio-visual, publishing and music sectors.
Existing Measures:
Sector: Social Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for a public purpose:
income security and insurance, social security, social welfare, public education, public training, health and childcare.
Existing Measures:
Sector: Public Supply of Potable Water
Sub-Sector:
Obligations Concerned: Local Presence (Article 9.5)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to the public supply of potable water.
For greater certainty, nothing in this entry shall affect the ability of a foreign enterprise to supply bottled water.
Existing Measures:
Sector: Public Sewage Services
Sub-Sector:
Obligations Concerned: Local Presence (Article 9.5)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to public sewage services.
Existing Measures:
Sector: Telecommunications Services
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.4) Local Presence (Article 9.5)