(E) except in exceptional circumstances, such as where a measure or series of measures is disproportionate in the light of its objective which can not be reasonably considered to have been adopted and applied in good faith, the non-discriminatory regulatory actions of a Party Which are designed and applied to protect legitimate public welfare objectives such as public health, safety and the environment, do not constitute an indirect expropriation.
(14) For greater certainty, the list of legitimate public welfare objectives in this sub-paragraph is not exhaustive.
"Submission of Documents to a Party under Section B (Solution of
Investor - State Disputes)
The notifications and other documents in the controversies under Section B, will be attended by delivery to:
Honduras:
Directorate-General for Administration and Negotiation of Treaties,
Third Level of the Secretary of State in the Office of Economic Development
Colonia Humuya, Edificio San José, on the Boulevard José Cecilio del Valle
Tegucigalpa, Honduras, CA
Or his successor.
Peru:
Directorate General for International Economic Affairs, Competition
And Private Investment
Ministry of Economy and Finance
Jiron Lampa # 277 (5th floor)
Lima 1, Peru
Or his successor.
1. The request to authorize the written submissions of a non-disputing party shall be filed within the time limit set by the court and shall:
(A) be made in writing, be dated and signed by the applicant, and include the address and other contact details of the applicant;
(B) be no longer than five (5) pages in length;
(C) describe the applicant, including where applicable, membership, legal status (eg company, business association or other non-governmental organization), its general objectives, the nature of its activities as well as any organization Matrix (including any organization directly or indirectly controlled by the applicant);
(D) make known whether the applicant has any affiliation, directly or indirectly, with any disputing party;
(E) identify any government, person or organization that has provided financial or other assistance during the preparation of the presentation;
(F) specify the nature of the interest that the applicant has in the arbitration;
(G) identify the specific issues of fact or law in the arbitration to which the applicant has referred in his written submission; and
(H) be drafted in the language of the arbitration.
2. The written communication of a non-disputing party shall:
(A) be filed within the time limit set by the court;
(B) be dated and signed by the applicant;
(C) be concise and in no case shall exceed twenty (20) written pages, including annexes and appendices;
(D) properly substantiate its position; Y
(E) only refer to the items indicated in your request, pursuant to subparagraph 1 (g).
Chapter 13. Cross-border Trade In Services
131:. Scope of Application
1. This Chapter applies to measures adopted or maintained by a Party which affect cross-border trade in services provided by service suppliers of the other Party. Such measures include measures affecting:
(A) the production, distribution, marketing, sale and supply of a service;
(B) the purchase or use of, or payment for, a service;
(C) access to and use of distribution and transportation systems, or telecommunications networks and services related to the provision of a service;
(D) the presence in its territory of a service supplier of the other Party; and
(E) the granting of a bond or other form of financial guarantee, as a condition for the provision of a service.
2. For the purposes of this Chapter, measures adopted or maintained by a Party means measures taken or maintained by:
(A) central, regional or local governments or authorities; and
(B) non-governmental institutions in the exercise of powers delegated by governments or central, regional or local authorities.
3. This Chapter does not apply to:
(A) air services 1, including national and international scheduled and non-scheduled air transport services, as well as related services in support of air services, except:
(I) aircraft repair and maintenance services while the aircraft is out of service;
(Ii) the sale and marketing of air transport services; and
(Iii) computerized reservation system (SRI) services;
1 For greater certainty, the term air services includes traffic rights.
(B) public procurement; and
(C) subsidies or grants made by a Party, including government-supported loans, guarantees and insurance.
4. Articles 13.2, 13.5, 13.9 and 13.10 shall apply to measures of a Party which affect the supply of a service in its territory by a covered investment 2.
5. This Chapter does not impose on any Party any obligation vis-à-vis a national of the other Party who intends to enter its labor market or who has permanent employment in its territory, or to confer any right to that national with respect to such access or employment Nor shall it apply to measures relating to citizenship or residence on a permanent basis.
6. Nothing in this Chapter shall be construed to impose any obligation on a Party with respect to its immigration measures.
7. This Chapter does not apply to services provided in the exercise of governmental authority. A service provided in the exercise of governmental authority means any service that is not provided on a commercial basis or in competition with one or more service providers.
8. This Chapter does not apply to measures affecting the provision of financial services 3 as defined in paragraph 5 (a) of the Annex on Financial Services of the WTO GATS.
132:. Subsidies
Notwithstanding Article 13.1.3 (c), if the results of negotiations related to Article XV: 1 of the WTO GATS enter into force for each Party, this Article shall be reviewed jointly, as appropriate Appropriate, with a view to determining whether this Article should be amended in order for those results to be incorporated into this Agreement. The Parties agree to coordinate such negotiations, as appropriate.
2 The Parties understand that nothing in this Chapter, including this paragraph, is subject to Section B (Investor-State Dispute Settlement) of Chapter 12 (Investments).
3 For greater certainty, the provision of financial services should mean the provision of services as defined in Article I.2 of the WTO GATS.
133:. National Treatment
Each Party shall accord to service suppliers of the other Party treatment no less favorable than that it accords, in similar circumstances, to its service providers.
134:. 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 service providers of a non-Party.
135:. Access to Markets
No Party may adopt or maintain, on the basis of a regional subdivision or the whole of its territory, measures which:
(A) impose limitations on:
(I) 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;
(II) the total value of service assets or transactions in the form of numerical quotas or the requirement of an economic needs test;
(III) the total number of service operations or the total amount of service output, expressed in designated numerical units, in the form of quotas or by requiring an economic needs test 4;
(IV) the total number of natural persons that may be employed in a given service sector or which 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 Through the requirement of an economic needs test; or
(B) restrict or prescribe specific types of legal person or joint venture through which a service provider may provide a service.
4 Subparagraph (iii) does not cover measures by a Party that limit inputs for the provision of services.
136:. Local Presence
No Party may require a service provider of the other Party to establish or maintain a representative office or other form of business or reside in its territory as a condition for the cross-border supply of a service.
1. Articles 13.3, 13.4, 13.5 and 13.6 do not apply to:
(A) any existing non-conforming measure that is maintained by a Party in:
(I) the central level of government, as stipulated by that Party in its Schedule of Annex I;
(Ii) a regional level of government, as stipulated by that Party in its Schedule of Annex I; or
(Iii) a local level of government;
(B) the continuation or prompt renewal of any non-conforming measure referred to in sub-paragraph (a); or
(C) any amendment to any non-conforming measure referred to in subparagraph (a), provided that such amendment does not diminish the conformity of the measure, as it was in force immediately prior to amendment, with Articles 13.3, 13.4, 13.5 or 13.6.
2. Articles 13.3, 13.4, 13.5 and 13.6 do not apply to any measure that a Party adopts or maintains in relation to sectors, sub-sectors or activities as set out in its Schedule of Annex II.
1. In the event of a Party making an amendment or modification to any existing non-conforming measure set out in its Schedule to Annex I, pursuant to Article 13.7.1 (c), the Party shall notify the other Party as soon as possible Possible, on such amendment or modification.
2. In the event that a Party adopts a measure after the entry into force of this Agreement, with respect to the sectors, subsectors or activities set out in its Schedule
5 The Parties understand that nothing in this Article is subject to the dispute settlement procedure of this Agreement, established in Chapter 15 (Settlement of Disputes).
Of Annex II, the Party shall, to the extent possible, notify the other Party of such action.
139:.
"Transparency in the Development and Application of Regulations 6
In addition to Chapter 16 (Transparency):
(A) 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; 7
(B) upon the adoption of definitive 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; Y
(C) 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.
1. The Parties shall ensure that all measures of general application for which this Chapter applies are administered in a reasonable, objective and impartial manner. This obligation shall not apply to the measures covered by Annex I or to the measures covered by Annex II of each Party.
2. When a Party requires authorization for the provision of a service, the competent authorities of that Party shall, within a reasonable period of time after submission of an application deemed complete in accordance with its national laws and regulations, inform the Decision on your application. At the request of that applicant, the competent authorities of the Party shall, without undue delay, provide information concerning the status of the request. This obligation shall not apply to the authorization requirements that are covered by Article 13.7.2.
3. In order to ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, each Party shall endeavor to ensure, in an appropriate manner for each Individual sector, such as
6 For greater certainty, regulations include regulations that establish or apply licensing criteria or authorizations.
7 Implementation of the obligation to establish appropriate mechanisms for small administrative agencies may need to take budgetary and resource constraints into account.
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Measurements:
(A) are based on objective and transparent criteria, such as competence and ability to provide the service;
(B) are not more burdensome than necessary to ensure the quality of the service; Y
(C) in the case of licensing procedures, do not in themselves constitute a restriction on the provision of the service.
4. The Parties recognize their mutual obligations related to national regulation in Article VI: 4 of the WTO GATS and affirm their commitment to the development of any discipline required under Article VI: 4. To the extent that any such disciplines are adopted by WTO members, the Parties shall review them jointly, as appropriate, with a view to determining whether this Article should be amended in order for those results to be incorporated into this Agreement.
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 given country. 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, education or experience gained, requirements met or licenses or certificates issued in the territory of a non-Party, no provision of Article 13.4 shall be construed in the To require the Party to accord such recognition to the education or experience gained, the requirements met or the licenses or certificates issued in the territory of the other Party.
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 appropriate opportunities to demonstrate that the education, experience, licenses or certificates obtained or requirements met in the territory of that other Party should be recognized.
4. No Party shall accord recognition in a manner which would constitute a means of discrimination between countries in the application of its rules or criteria for the authorization or certification of service providers or licensing
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To them, or a disguised restriction on trade in services.
5. The Parties shall endeavor as far as possible to encourage relevant professional services bodies in their territory to consider the use of standards and criteria in Annex 13.11 in discussions for a potential agreement or agreement referred to in paragraph 1.
1. Each Party shall allow all transfers and payments related to the cross-border supply of services to be effected freely and without delay to and from its territory.
2. Each Party shall allow all transfers and payments related to the cross-border supply of services to be made in freely circulating currency at the exchange rate prevailing in the market on the date of the transfer.
3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay the performance of the transfer or payment through the equitable, non-discriminatory and good faith application of its domestic law in respect of:
(A) bankruptcy, insolvency or protection of the rights of creditors;
(B) issuance, trading or operation of 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) guarantee of compliance with orders or judicial or administrative rulings.
1313:. Denial of Benefits
Subject to prior notification in accordance with Article 16.3 (Provision of
Or
Information) and consultations, a Party may deny the benefits of this Chapter to:
(A) a service supplier of the other Party if the service provider is a company owned or controlled by persons from a non-Party and the enterprise has no substantial business activities in the territory of the other Party; Or 8
8 The term consultations in this Article does not refer to consultations under Article 15.4 (Consultations).
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(B) a service supplier of the other Party if the service provider is a company owned or controlled by persons of the denying Party and the enterprise has no substantial business activities in the territory of the other Party.
1314:. Implementation
The Parties shall consult annually or otherwise agree to revise the implementation of this Chapter and consider other matters of trade in services of mutual interest.
1315:. Definitions
For the purposes of this Chapter:
Cross-border trade in services or cross-border supply of
Services means the provision of a service:
(A) from the territory of one Party to the territory of the other Party;
(B) in the territory of a Party, by a person of that Party, to a person of the other Party; or
(C) by a national of one Party in the territory of the other Party,
But does not include the provision of a service in the territory of one Party by a covered investment or by an investor of the other Party, as defined in Article 12.30 (Definitions);
Enterprise means a business as defined in Article 1.5 (Definitions of General Application) and a branch of an enterprise;
Existing means effective as of the date of entry into force of this Agreement;
Service provider of a Party means a person of that Party who intends to supply or provides a service;
Aircraft repair and maintenance services means the activities performed on an aircraft or part of it while the aircraft is out of service and does not include so-called line maintenance;
Computerized reservation systems (CRS) means services provided through computerized
9 The Parties understand that for the purposes of Articles 13.3, 13.4 and 13.5, service providers have the same meaning as services and service providers as used in WTO GATS Articles XVII, II and XVI, respectively.
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About the schedules of air carriers, available seats, rates and rules of fare establishments, and through which reservations can be made or tickets issued;
Professional services means services which, for their performance, require higher education or equivalent training or experience, the exercise of which is authorized or restricted by a Party, but does not include services rendered by persons practicing a trade or crew of merchant ships and aircraft; Y
Sale or marketing of an air transport service means the opportunities of the air carrier concerned to freely sell and market its air transport services and all aspects of marketing such as market research, advertising and distribution, but not Includes the determination of prices of air transport services and the applicable conditions.
10 For greater certainty, higher education shall be understood as established by the national legislation of the Parties.
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