(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 4. 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
Measurements: Supreme Decree N° 017-2009-MTC, Official Gazette "El Peruano" of April 22, 2009, National Regulation of Transportation Administration, 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: Land Transportation
Obligations Affected: National Treatment (Article 13.3)
Level of government: Central
Measures:
Agreement on International Land Transportation (ATIT), subscribed 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:
In order to enter into exploration contracts, foreign natural persons must be registered in the Public Registries.
Foreign companies must establish a branch or incorporate a company in accordance with the General Companies Law and. establish domicile in the capital of the Republic of Peru.
Annex II . Nonconforming Measures
Annex II . Explanatory Note
1. A Party's Schedule to this Annex sets out, in accordance with Article 12.7 (Non- Conforming Measures) and Article 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 Article 13.3 (National Treatment);
(b) Article 12.3 (Most-Favored-Nation Treatment) or Article 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 ® 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 Article 12.7 (Non-Conforming Measures) and Article 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 Article 12.7 (Non-Conforming Measures) and Article 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 clement of that reservation.
4. For greater certainty, the Parties understand that Article 18.2 (Essential Security), permits the adoption or maintenance of any measure to regulate, restrict or prohibit the manufacture, use, sale, storage, transportation, import, export and possession of arms and explosives. These measures shall not be considered inconsistent with the obligations of Chapter 12 (Investment) and Chapter 13 (Cross-Border Trade in Services).
Annex II . Schedule of Costa Rica
1. Sector: All
Subsector: -
Obligations Affected: Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure that grants differential treatment to countries in accordance with:
(a) any bilateral or multilateral international treaty in force or entered into prior to the date of entry into force of this Agreement;
(b) any international treaty in force or entered into after the date of entry into force of this Agreement relating to:
(i) air services;
(ii) fishing; and
(iii) maritime affairs, including salvage.
2. Sector: Social Services
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) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to the enforcement of laws and the provision of social rehabilitation services as well as the following services, insofar as they are social services that are established or maintained in the public interest: income insurance or security, social security services, social welfare, public education, public training, health, child care, public sewage services, and water supply services.
3. Sector: Minority and Indigenous Affairs
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) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure that grants tights or preferences to disadvantaged social or economic groups or indigenous groups.
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:
Costa Rica reserves the right to adopt or maintain any measure that grants differential treatment to countries under any existing or future bilateral or multilateral international treaty with respect to cultural industries, such as audiovisual cooperation treaties. For greater certainty, government support programs through subsidies for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement.
Cultural industries means persons engaged in any of the following activities:
(a) publication, distribution or sale of books, magazines, periodicals, or printed or electronic newspapers, excluding the 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) production, distribution, or sale of machine-readable printed music; or
(e) radio stations for the general public, as well as all activities related to radio, television and cable transmission, satellite programming services and broadcasting networks.
5. Sector: Electric Power
Subsector: :
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Senior Executives and Boards of Directors (Article 12.5) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to electric energy, including generation, transmission, transformation, distribution and commercialization.
6. Sector: Lottery, Betting and Gambling
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) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services:
Costa Rica reserves the right to adopt or maintain any measure with respect to lottery, betting and gambling.
7. Sector: Railroads, Ports and Airports
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) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services:
Costa Rica reserves the right to adopt or maintain any measure with respect to railroads, ports and airports.
8. Sector: Natural Resources (1)
Subsector: -
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Article 13.4) Senior Management and Boards of Directors (Article 12.5) Performance Requirements (Article 12.6) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services:
Costa Rica reserves the right to adopt or maintain any measure with respect to natural resources, including conservation, administration, protection, exploration, extraction and exploitation.
9. Sector: Waste Collection and Treatment
Subsector: :
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services:
Costa Rica reserves the right to adopt or maintain any measure with respect to the collection and treatment of waste.
10. Sector: Irrigation and Drainage Services
Subsector: :
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services:
Costa Rica reserves the right to adopt or maintain any measure with respect to irrigation and drainage services.
11. Sector: Environmental Services (2)
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) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services:
Costa Rica reserves the right to adopt or maintain any measure with respect to environmental services.
12. Sector: Postal Services
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) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services: