Costa Rica reserves the right to adopt or maintain any measure with respect to postal services that do not constitute express delivery services (3).
13. Sector: Radio and Television Services (Broadcasting) (4)
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 radio and television (broadcasting) services.
14. Sector: Investigation and Security 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 investigation and security services.
Annex II . Schedule of Peru
1. 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 granting 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 granting differential treatment to countries under 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, Peasant, 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
Per 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 reservation, "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 the purposes of this reservation, 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 g e ne ral 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 legal) from other countries under any existing or future bilateral or multilateral international treatyconcerning cultural industries, including audiovisual cooperation agreements.
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 WTO Agreement on Trade-Related Investment Measures (WTO TRIMs Agreement).
6. Sector: Audiovisual 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 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 Pemvian cinematographic works. The criteria to be considered by Peru for the establishment of such percentage include: national film production, existing exhibition infrastructure in the country and audience attendance.
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 on the achievement of a certain 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
Perm 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, publishing and music sector.
9. 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) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Per reserves the right to adopt or maintain any measure with respect to law enforcement and the provision of social readjustment services as well as the following services, to the extent that they are social services that are established or maintained in the public interest: income insurance and 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 providing educational services, including teachers and auxiliary personnel providing educational services in the stages of basic education and higher education, including "technical-productive education", and other persons providing education-related services, including promoters of educational institutions at any level or stage of the educational system.
14. Sector: Transportation
Subsector: Road Transportation Services
Obligations Affected: National Treatment (Article 13.3)
Description: Cross-Border Trade in Services
Perm 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.
In addition, Peru reserves the right to adopt or maintain the following limitations on the supply of international land transportation services from Peru:
(a) the service provider must be a Peruvian natural or legal person;
(b) the service provider must have a real and effective domicile in Peru; and
(c) in the case of a legal entity, the service provider must be legally incorporated in Peru and have more than fifty percent (50%) of its capital stock and effective control in the hands of Peruvian nationals.
16. Sector: All Sectors
Subsector: :
Obligations Affected: Market Access (Article 13.5)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure related to Article 13.5 (Market Access), except for the following sectors and subsectors subject to the limitations and conditions listed below:
Legal services: For (a) and (c): None, except that a maximum number of positions for notaries is established depending on the number of inhabitants of each city. For (b): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Architectural services: For (a), (b) and (c): None, except that for temporary registration, non-resident foreign architects require a contract of association with a resident Peruvian architect. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Engineering services: For (a), (b) and (c): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Veterinary services: For (a), (b) and (c): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Services provided by midwives, nurses, physiotherapists and paramedical personnel: For (a), (b) and (c): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Computer and related services: For (a), (b) and (c): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Real estate services: Involving real estate owned or leased or on commission or contract: For (a), (b) and (c): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Rental or leasing services without crew/operators, relating to ships, aircraft, any other transport equipment and other machinery and equipment: For (a), (b) and (c): None, except that:
National Shipping Company or National Shipping Company means the natural person of Peruvian nationality or legal entity incorporated in Peru, with its main domicile, real and effective headquarters in Peru, which is engaged in the service of water transportation in national traffic or cabotage (3) 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.
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:
1. the transportation of hydrocarbons in national waters is reserved up to twenty-five percent (25%) for vessels of the Peruvian Navy; and.
2. 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.
For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Advertising services: For (a), (b) and (c): None, except that: commercial advertising made in the country must have at least eighty percent (80%) of national artists. National artists shall receive no less than sixty percent (60%) of the total of the artistsâ salary and wage payroll. The same percentages established in the preceding paragraphs shall apply to technical workers engaged in commercial advertising. Para (d): No commitments, except as established in the Law on Artists, Performers and Executants and in the Law for the Hiring of Foreign Workers.
Market research and public opinion polling services, management consulting services related to those of management consultants, and technical testing and analysis: For (a), (b) and (c): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Services related to agriculture, hunting and forestry: For (a), (b) and (c): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.
Services related to mining, placement and supply of personnel, and research and security: For (a), (b) and (c): None. For (d): No commitments, except as established in the Law for the Hiring of Foreign Workers.