5. This Chapter does not apply to measures affecting the provision of financial services as defined in paragraph 5 (a) of the Annex on Financial Services of the GATS.
Article 3.3. Most-favored-nation Treatment
1. Subject to Annex II (Limitations on Most-Favored-Nation Treatment), each Party shall accord to service suppliers of the other Party treatment no less favorable than that it accords, in like circumstances, to Services of a non-Party.
2. For greater certainty, treatment accorded in "like circumstances" under this Article shall depend on the totality of the circumstances, including whether the relevant treatment distinguishes between services and service providers on the basis of legitimate public welfare objectives.
Article 3.4. Access to Markets
1. With regard to market access through the modes of supply identified in Article 3.1 (a) (Definitions), each Party shall accord to services and service suppliers of the other Party treatment no less favorable Than specified in its Schedule of Specific Commitments in Annex I (hereinafter "the List of Specific Commitments").
2. To the extent that a Party enters into a market access commitment in its Schedule of Specific Commitments and when the cross-border movement of capital forms an essential part of a service provided through the mode of supply referred to in the definition of " Services "of Article 3.1 (a) (i) (Definitions), that Party undertakes at the same time to permit such movement of capital. To the extent that a Party enters into a market access commitment in its Schedule of Specific Commitments, and when a service is provided through the mode of supply referred to in the definition of "trade in services" in Article 3.1 (a) (iii)) (Definitions), that Party undertakes at the same time to permit capital transfers related to its territory.
3. In sectors where market access commitments are entered into, measures that a Party shall not maintain or adopt, either on the basis of a regional subdivision or the whole of its territory, unless in its Schedule of Specific Commitments to the contrary, are defined as follows:
(A) limitations on the number of service providers, whether in the form of numerical quotas, monopolies or exclusive service providers or through the requirement of an economic needs test;
(B) limitations on the total value of the assets or service transactions in the form of numerical quotas or the requirement of an economic needs test;
(C) limitations on the total number of service operations or on the total amount of output of services, expressed in designated numerical units, in the form of quotas or by requiring an economic needs test; (2)
(D) limitations on the total number of natural persons that may be employed in a particular service sector or that a service provider may employ and which are necessary for the provision of a specific service and are directly related to it, in the form of numerical quotas Or by requiring an economic needs test; and
(E) measures restricting or prescribing the specific types of legal person or joint venture through which a service provider may provide a service.
Article 3.5. National Treatment
1. Subject to the conditions and limitations set out in its Schedule of Specific Undertakings, Peru shall accord to service providers of the other Party treatment no less favorable than that accorded, in similar circumstances, to its service providers.
2. Subject to the conditions and limitations set forth in its Schedule of Specific Commitments, Brazil shall accord to service providers of the other Party treatment no less favorable than that accorded to its own similar services and similar service providers.
Article 3.6. Additional Commitments
The Parties may negotiate commitments with respect to measures affecting trade in services but not subject to entry in their respective Schedules of Specific Commitments under Article 3.4 (Access to Markets) and Article 3.5 (National Treatment), Including those relating to qualifications, standards or issues related to licenses. These commitments shall be entered in the Schedules of Specific Commitments of the Parties.
Article 3.7. National Regulations
1. Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. While recognizing the right to regulate and introduce new regulations in the provision of services to meet policy objectives and in order to ensure that measures relating to qualification requirements and procedures, The licensing requirements:
(A) do not constitute unnecessary barriers to trade in services, each Party shall ensure, in those sectors in which it has undertaken specific commitments under the GATS, that such measures:
(i) are based on objective and transparent criteria, such as competence and ability to provide the service;
(ii) are not more burdensome than necessary to ensure the quality of the service;
(iii) in the case of licensing procedures, do not in themselves constitute a restriction on the provision of the service; and
(B) do not constitute a disguised restriction on trade in services, each Party shall ensure, in those sectors in which it has not made specific commitments under the GATS, that such measures:
(i) are based on objective and transparent criteria, such as competence and ability to provide the service;
(ii) do not constitute arbitrary or unjustifiable discrimination between service providers; and
(iii) in the case of licensing procedures, do not in themselves constitute a restriction on the provision of the service.
3. When a Party requires authorization for the provision of a service, it shall ensure that the competent authorities of that Party:
(A) within a reasonable time after the submission of an application considered complete in accordance with the laws and regulations of that Party, inform the applicant of the decision on his / her application;
(B) at the request of the applicant, provide, without undue delay, information concerning the status of the application.
(C) in accordance with the laws and regulations of that Party in the case of an incomplete application, at the request of the applicant, identify the additional information required to complete the application and provide the opportunity to remedy minor errors or omissions in the request;
(D) to the extent practicable, set indicative deadlines for processing an application;
(E) if an application is denied, inform the applicant, to the extent practicable, of the reasons for the denial, either directly or at the request of the applicant; Y
(F) to the extent practicable and in accordance with their domestic law, accept copies of documents that are authenticated, rather than original documents.
4. Each Party shall ensure that any fee charged by the competent authority to authorize the provision of a service is reasonable, transparent and does not in itself restrict the provision of such service. For the purposes of this paragraph, "rate" does not include payments for the use of natural resources, payments for auctions, bidding or other non-discriminatory means of granting concessions, or mandatory contributions for the provision of universal service.
5. If licensing or qualification requirements include an assessment, each Party shall endeavor to ensure that:
(A) the evaluation is scheduled at reasonable intervals; and
(B) a reasonable period of time allowing the persons concerned to submit a request to participate in the evaluation.
6. In determining whether a Party complies with the obligation set out in paragraph 2, the international standards of competent international organizations to which that Party applies shall be taken into account. "Competent international organizations" means international organizations to which the competent bodies of the Parties may belong.
7. The Parties may consult regularly to determine whether it is possible to remove remaining restrictions on nationality or permanent residence relating to the licensing or certification of their respective service providers.
8. Each Party shall ensure that appropriate procedures exist to verify the competence of the professionals of the other Party.
9. The Parties shall review this Article taking into account progress in the negotiations under Article VI of the GATS, in order to integrate them into this Chapter.
10. The obligations set out in paragraphs 2, 3, 4, 5 and 8 shall apply subject to the terms, limitations and conditions of each Party's Schedule of Specific Commitments.
11. Pursuant to this Article, each Party shall take such reasonable measures as may be available to it to ensure observance by non-governmental institutions in its territory.
Article 3.8. Recognition
1. For the purposes of compliance, in whole or in part, with its rules or criteria for the authorization or certification of service providers or licensing thereof, and subject to the requirements of paragraph 4, a Party May recognize the education or experience obtained, the requirements met, or the licenses or certificates granted in a non-Party. Such recognition, which may be effected through harmonization or otherwise, may be based on an agreement or agreement with the country concerned or may be granted autonomously.
2. Where a Party recognizes, autonomously or through an agreement or agreement, the education or experience obtained, the requirements met or the licenses or certifications granted in the territory of a non-Party, nothing in Article 3.3 (Treatment of Nation Most Favored) shall be construed as requiring the Party to accord such recognition to education or experience gained, requirements met or licenses or certificates issued in the territory of the other Party. 3
3. A Party which is party to an agreement or arrangement of the kind referred to in paragraph 1, existing or future, shall provide adequate opportunities to the other Party, if the other Party is interested, to negotiate its adherence to such agreement or Agreement or to negotiate with others comparable. Where a Party grants recognition autonomously, it shall provide the other Party with adequate opportunities to demonstrate that the education, experience, licenses or certifications obtained or requirements
Completed in the territory of that other Party shall be subject to recognition.
4. No Party shall accord recognition in a manner that constitutes a means of discrimination between countries in the application of its standards or criteria for the authorization or certification of service providers or licensing thereof, or a disguised restriction on trade of services.
Article 3.9. Transparency
In addition to the provisions of Chapter 5 (Transparency):
(A) each Party shall publish or otherwise make available to the public any international agreements which it enters into with any country and which relate to or affect trade in services;
(B) at the request of a Party, the other Party shall inform the electronic publication of laws, regulations, procedures and administrative rulings of general application affecting trade in services covered by this Chapter;
(C) each Party shall establish or maintain adequate mechanisms to respond to consultations of interested persons regarding its regulations relating to the subject matter of this Chapter; (3)
(D) if one of the Parties does not publish in advance or give the opportunity to provide comments, in accordance with Article 5.1 (Publication), it shall, to the extent possible, provide, upon request, in writing, the reasons therefor;
(E) at the time of final regulations concerning the subject matter of this Chapter, each Party shall respond in writing, as far as possible, even on request, to substantive comments received from interested persons with respect to the proposed regulations; and
(F) to the extent possible, each Party shall give a reasonable period between the publication of definitive regulations and the date on which they enter into force.
Article 3.10. Payments and Transfers
1. Each Party shall allow all transfers and payments related to its specific commitments to be made freely and without delay to and from its territory
2. Each Party shall allow all transfers and payments related to the supply of services are made in freely circulating currency at the exchange rate prevailing in the market at the time of transfer3
3 For the implementation of this provision, resource limitations may be taken into account.
3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay the making of a transfer or payment through the equitable, non-discriminatory and good faith application of its legislation in respect of:
(A) bankruptcy or bankruptcy, insolvency or protection of the rights of creditors;
(B) issuance, trading or trading in securities, futures, options or derivatives;
(C) financial reporting or record keeping of transfers where necessary to assist law enforcement or financial regulatory authorities;
(D) criminal or criminal offenses; or
(E) ensuring compliance with orders or rulings in judicial or administrative proceedings.
Article 3.11. Money Laundering and Anti-corruption
Each Party may adopt or maintain measures and efforts to prevent and combat corruption and money laundering in relation to the matters covered by this Chapter and in accordance with its laws and regulations.
Article 3.12. Lists of Specific Commitments
1. Each Party shall list its specific commitments under Articles 3.4 (Market Access), 3.5 (National Treatment) and 3.6 (Additional Commitments). With respect to the sectors in which such commitments are made, each Schedule shall specify:
(A) the terms, limitations and conditions on market access;
(B) national treatment conditions and qualifications;
(C) obligations relating to additional commitments;
(D) where appropriate, the time frame for the implementation of such commitments; and
(E) the date of entry into force of such commitments.
2. Measures inconsistent with Articles 3.4 (Market Access) and 3.5 (National Treatment) shall be recorded in the column corresponding to Article 3.4 (Market Access). In this case, the consignment shall also be considered to indicate a condition or qualification to Article 3.5 (National Treatment).
3. The Schedules of Specific Commitments of the Parties are set out in Annex I (List of Specific Commitments).
Article 3.13. Subsidies
1. A Party which considers itself to be unfavorably affected by a subsidy or gift from the other Party may request consultations in that regard with that other Party. Such requests should be examined with understanding.
2. If the results of negotiations related to Article XV: 1 of the GATS or the results of any similar negotiations undertaken in other multilateral forums in which both Parties participate enter into force for both Parties, this Article shall be modified, as the case may be Necessary, after consultations between the Parties, to ensure that these results come into force in accordance with this Chapter.
Article 3.14. Denial of Benefits
A Party may deny the benefits of this Chapter, upon notification and consultation, to service providers of the other Party if the service provider is:
(A) a legal person owned by, controlled directly or indirectly by, or under a significant degree of influence by, persons from a non-Party country and the legal person has no substantial business activities in the territory of the other Party; or
(B) a legal person owned by, controlled directly or indirectly by, or under a significant degree of influence by, persons of the denying Party and the legal person has no substantial business activities in the territory of the other Party.
Article 3.15. Future Negotiations
1. Until one year after the entry into force of this Agreement, the Administrative Commission established by Article 6.1 (Administrative Commission) shall approve the work plan for:
(A) incorporation of the "negative lists" approach in this Chapter; and
(B) negotiation of the following topics:
(i) Financial Services; and
(ii) Electronic Commerce.
2. The negative list approach shall apply to Article 3.4 (Market Access), Article 3.5 (National Treatment) and any other provision agreed upon by the Parties.
3. The Parties shall, under this approach, improve conditions for trade in services between the Parties.
4. Negotiations for the negative list approach shall be completed within one year of the approval of the Work Plan referred to in paragraph 1.
5. During the negotiations, the Parties shall define whether the Financial Services and the services provided through commercial presence (mode 3) require any particular treatment.
6. One year after the entry into force of the Agreement, the Parties shall begin negotiations on, inter alia, the following topics:
(A) Telecommunications;
(B) Recognition of Degrees and Degrees;
(C) Ground Transportation; and
(D) Movement of Persons
Chapter 4. Public Procurement
Article 4.1. Definitions
For the purposes of this Chapter:
Notice of contract means a notice published by the contracting entity inviting the suppliers concerned to submit a request for participation, an offer or both;
Goods or commercial services means goods or services of the type generally sold or offered for sale in the commercial market to non-governmental purchasers and are normally acquired by non-governmental purchasers for non-governmental purposes;
For greater certainty, commercial goods or services include common goods or services, which are those where there is more than one supplier, have quality and performance standards objectively defined through usual market characteristics or specifications, or have been standardized as Resulting from a process of homogenization, so that the differentiating factor between them is the price at which they are traded.
Special compensatory terms means any condition or commitment that promotes local development or enhances a Party's balance of payments accounts, such as local content requirements, technology licenses, investment requirements, countervailing trade or similar requirements;
Conditions of participation means any registration, qualification or other prerequisites to participate in a public procurement;
Public procurement means the process by which a government obtains goods or services, or any combination thereof, for governmental purposes and not for commercial sale or resale or for use in the production or supply of goods or services intended for Commercial sale or resale;
Public works concession contracts means any contractual agreement whose main purpose is to provide for the construction or rehabilitation of physical infrastructure, plants, buildings, facilities or other public works, and according to which, in consideration of the execution of a contract of a supplier, an entity grants such supplier, for a specified period, temporary ownership or the right to control, operate and demand payment for the use of such works during the term of the contract;
Contracting entity means an entity listed in Annex 3 (Coverage Annex);
Written or written means any expression in words, numbers or other symbols, which can be read, reproduced and subsequently communicated. It can include information transmitted and stored electronically;
State enterprise means a company owned or controlled by a Party by means of domain rights;
Technical specification means a procurement requirement that:
(A) establish the characteristics of:
(i) the goods to be acquired, including quality, performance, safety and dimensions, or processes and methods for their production; or
(ii) services to be contracted or processes or methods for their provision, including any applicable administrative provisions; or
(B) understands the terminology, symbols, packaging, marking and
Labeling, as applied to a good or service;
(C) establish conformity assessment procedures as prescribed by an entity;
Technical standard means a document approved by a recognized body, which provides, for common and repeated use, rules, guidelines or characteristics for goods, or services or related processes and production methods, compliance with which is not mandatory. It may also include or refer exclusively to terminology, symbol, packaging, trademark or labeling requirements as they apply to a product, service, process or method of production;
Open tendering means a method of public procurement in which all interested suppliers may submit a tender;
Selective tendering means a method of public procurement where only suppliers who meet the conditions of participation are invited by the contracting entity to submit proposals;
Multi-use list means a list of suppliers which the contracting entity has determined to satisfy the conditions for participation in that list and which the contracting entity intends to use more than once;
Commodities include fruits, vegetables, farm products, bread and other perishable foods.
Supplier means a person who provides or could provide goods or services to a procuring entity;
Services include construction services, unless otherwise specified;
Construction service means a service whose objective is the realization, by any means, of a civil engineering or construction work, on the basis of the
Division 51 of the United Nations Central Product Classification (CPC Prov. 1.1); and
Electronic auction means an iterative process in which suppliers use electronic means to present new bids or prices, or new values for quantifiable bid elements other than the bid or price, or both, which are linked to the evaluation criteria, and Which results in a classification or reclassification of tenders.
Article 4.2. Scope and Coverage Scope of Application
1. This Chapter applies to any action taken in respect of covered public procurement.
2. For the purposes of this Chapter, covered public procurement means a procurement of goods, services or both:
(A) not contracted for commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(B) performed through any contractual means, including: purchase, lease, with or without option to purchase, and concession contracts in public works;
(C) for which the value, as estimated in accordance with paragraphs 4 and 5, is equal to or exceeds the corresponding threshold value specified in Annex III (Coverage);
(D) which is carried out by a contracting entity; Y
(E) not expressly excluded from the coverage of this Chapter.
3. This Chapter does not apply to:
(A) the acquisition or lease of land, existing buildings or other immovable property or rights thereto;
(B) non-contractual arrangements or any form of assistance that a Party, including its contracting entities, grants, including cooperation agreements, grants, loans, grants, capital contributions, guarantees, guarantees and fiscal incentives;
(C) Contracting for tax agency or depository services, settlement and administration services for regulated financial institutions, or services related to the sale, redemption and distribution of government debt, including government loans and bonds, and other securities values. For greater certainty, this Chapter does not apply to the public procurement of banking, financial or specialized services related to the following activities:
(i) public indebtedness; or
(ii) administration of public debt;