| Sector/subsector | Market Access Improvement |
| CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| General Construction Work for Buildings, General Construction Work for Civil Engineering, Installation and Assembly Work, Building Completion and Finishing Work, Other, Site preparation: new construction (other than pipelines), Maintenance and repair of fixed structures | Replace existing restriction under mode 1 with “None for consultancy services”. |
| Other, Renting Services related to Equipment for Construction or Demolition of Buildings or Civil Engineering, with Operator | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| DISTRIBUTION SERVICES | |
| Commission Agents’ Services | Replace existing commitments with: CPC 62113-62115, 62117-62118: no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” CPC 62111** only in respect of 02961- 02963** (ovine wool); CPC 62112** only in respect of CPC 21111, 21112, 21115, 21116 and 21119** (edible offals of bovine and ovine origin) and 02961-02963** (ovine wool); and CPC 62116** only in respect of 2613-2615**,(ovine wool): Insert new commitments with no limitations for modes 1 and 2, mode 3 “None, except in terms of export distribution: (i) the allocation of distribution rights related to exports of these products to export markets where tariff quotas, country specific preferences and other measures of similar effect are found may place limitations on the numbers of services suppliers, total value of services transactions or numbers of services operations; (ii) mandatory export marketing strategies may apply where there is support within the relevant industry. These export marketing strategies do not include measures limiting the number of market participants or limiting the volume of exports.” and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Wholesale trade services | Replace existing commitments with: CPC 6223 – 6226, CPC 6228: no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” CPC 6221**only in respect of 02961-02963** (ovine wool); CPC 6222** only in respect of CPC 21111, 21112, 21115, 21116 and 21119** (edible offals of bovine and ovine origin); and CPC 62277** only in respect of 2613-2615**, (ovine wool): Insert new commitments with no limitations for modes 1 and 2, mode 3 “None, except in terms of export distribution: (i) the allocation of distribution rights related to exports of these products to export markets where tariff quotas, country specific preferences and other measures of similar effect are found may place limitations on the numbers of services suppliers, total value of services transactions or numbers of services operations; (ii) mandatory export marketing strategies may apply where there is support within the relevant industry. These export marketing strategies do not include measures limiting the number of market participants or limiting the volume of exports.” and mode 4 “Unbound, except as indicated in the horizontal section.” |
| EDUCATION SERVICES | |
| Other Education Services | |
| Other Education in respect of the following services only: - Language training provided in private specialist language institutions - Tuition in subjects taught at the primary and secondary levels, provided by private specialist institutions operating outside the New Zealand compulsory school system (14) | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Sector/subsector | Market Access Improvement |
| ENVIRONMENTAL SERVICES (15) | |
| Waste water management, Waste Management, Refuse disposal services, Sanitation and similar services, Protection of ambient air and climate, Remediation and clean-up of soil and water, Noise and vibration abatement, Protection of biodiversity and landscape, Other environmental and ancillary services | Insert new commitments for consultancy and these services contracted by private industry only with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Sector/subsector | Market Access Improvement |
| TRANSPORT SERVICES | |
| Maritime Transport Services | Replace existing condition applicable to all maritime service sectors with the following: “General conditions applicable to all maritime service sectors: marketing and sales of maritime transport and related services for products covered under CPC 01, 02, 211, 213-216, 22, 2399 and 261; unbound, except for marketing and sales related to the following products in respect of which a commitment is made: CPC 21111, 21112, 21115, 21116 and CPC 21119** (edible offals of bovine and ovine origin only); CPC 2613-2615** (ovine wool only); and CPC 02961-02963** (ovine wool only).” |
| Maritime Auxiliary Services | |
| Maritime Cargo Handling Services (16) | Insert new commitment with mode 1 “Unbound except for no limitation on transhipment (board to board or via the quay) and/or use of on board cargo handling equipment.”, no limitations for modes 2 and 3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Customs Clearance Services (17) Container Station and Depot Services (18) | Insert new commitment with mode 1 unbound, no limitations for modes 2 and 3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Maritime Agency Services (19) | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| AIR TRANSPORT SERVICES | |
| Selling and marketing of air transport services (20) | Replace existing limitation for modes 1, 2 and 3 with “Unbound for products covered under CPC 01, 02, 211, 213-216, 22, 2399 and 261, except for marketing and sales related to CPC 21111, 21112, 21115, 21116 and CPC 21119** (edible offals of bovine and ovine origin), CPC 2613-2615** (ovine wool), and CPC 02961-02963** (ovine wool).” |
| Aircraft repair and maintenance Services (21) | Insert new commitment with mode 1 unbound, no limitations for modes 2 and 3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Airport Operation Services CPC74610**, excluding Navigation aids | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Other supporting services for air transport CPC 74690** excluding fire-fighting and fire-prevention services Cargo and baggage handling services (CPC 741**) Ramp handling services (CPC 741**) | Insert new commitment with mode 1 unbound, no limitations for modes 2 and 3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Airport management services | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| OTHER SERVICES NOT INCLUDED ELSEWHERE | |
| Other | |
| Washing, cleaning and dyeing services | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
SCHEDULE OF PERU
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
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 9.4) Most-Favoured-Nation Treatment (Article 9.5) Senior Management and Boards of Directors (Article 9.11)
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 9.12.1, Article 9.12.4, Article 9.12.5 and Article 9.12.6 (Non-Conforming Measures) and Article 10.7.1 (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 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
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 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) 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 9.5 and Article 10.4)
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 9.4 (National Treatment) and Article 9.5 (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 9.4 and Article 10.3) 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 10.3)
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 10.3)
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, Publishing, Music
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Peru may adopt or maintain any measure that affords a person of another 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 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
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 10.6)
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 10.6)
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 10.4) Local Presence (Article 10.6)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to the granting of a concession for the installation, operation and exploitation of public telecommunication services.
Existing Measures:
Sector: Education Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Local Presence (Article 10.6)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure relating to natural persons who supply educational services, including teachers and auxiliary personnel rendering educational services in basic and superior education including technical and productive training (educación técnico productiva) as well as other people who supply services related to education including sponsors of educational institutions of any level or stage of the educational system.
Existing Measures:
Sector: Transportation Services
Sub-Sector: Road Transportation Services
Obligations Concerned: National Treatment (Article 10.3)
Description: Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that authorises only Peruvian natural or juridical persons to supply land transportation of persons or merchandise inside the territory of Peru (cabotage). For this, the enterprises shall use vehicles registered in Peru.
Existing Measures:
Sector: Transportation
Sub-Sector: International road transportation services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure relating to the international land transportation of cargo or passengers in border areas.