Peru - United States Trade Promotion Agreement (2006)
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(b) A request under subparagraph (a) shall include specific information regarding the reason the importing Party is requesting the verification and the determination the importing Party is seeking to make.

(c) The exporting Party shall conduct a verification under subparagraph (a)(i), regardless of whether an importer claims preferential tariff treatment for the textile or apparel good for which a claim of origin has been made.

(d) The exporting Party may conduct a verification of enterprises within its territory on its own initiative.

4. The importing Party, through its competent authority, may assist in a verification conducted under paragraph 3(a), including by conducting, along with the competent authority of the exporting Party, visits in the territory of the exporting Party to the premises of an exporter, producer, or any other enterprise involved in the movement of textile or apparel goods from the territory of the exporting Party to the territory of the importing Party. At the request of the exporting Party, the importing Party may undertake such verification.

5. (a) The competent authority of the importing Party shall provide a written request to the competent authority of the exporting Party 20 days before the proposed date of a visit under paragraph 4. The request shall identify the competent authority making the request, the names and titles of the authorized personnel that will conduct the visit; the reason for the visit, including a description of the type of goods that are the subject of the verification; and the proposed dates of the visit.

(b) The competent authority of the exporting Party shall respond within ten days of receipt of the request, and shall indicate the date on which authorized personnel of the importing Party may perform the visit. The exporting party shall seek, in accordance with its laws, regulations, and procedures, permission from the enterprise to conduct the visit. If consent is not provided, the importing Party may deny preferential tariff treatment to the type of goods of the enterprise that would have been the subject of the verification, except that the importing Party may not deny preferential tariff treatment to such goods based solely on a postponement of the visit, if there is adequate reason for such postponement.

(c) Authorized personnel of the importing and exporting Parties shall conduct the visit in accordance with the laws, regulations, and procedures of the exporting Party.

(d) On completion of the visit, the importing Party shall provide the exporting Party with an oral summary of the results of the visit and provide it with a written report of the results of the visit within approximately 45 days of the visit. The written report shall include:

(i) the name of the enterprise visited;

(ii) particulars of the shipments that were checked;

(iii) observations made at the enterprise relating to circumvention, if any; and

(iv) an assessment of whether the enterprise's production records and other documents support its claims of origin, for:

(A) a textile or apparel good subject to a verification conducted under subparagraph 3(a)(i); or

(B) in the case of a verification conducted under subparagraph 3(a)(ii), any textile or apparel good exported or produced by the enterprise.

6. In accordance with its laws, each Party shall provide to the other Party production, trade, and transit documents and other information necessary to conduct verifications under paragraph 3(a). Each Party shall treat any documents or information exchanged in the course of such verification in accordance with Article 5.6 (Confidentiality). Nothwithstanding the foregoing, a Party may publish the name (2) of an enterprise if the Party has determined, consistent with its laws, that such enterprise:

(a) has engaged in circumvention of the laws, regulations, or procedures of that Party or of international agreements affecting trade in textile or apparel goods; or

(b) has failed to demonstrate that it produces, or is capable of producing, textile or apparel goods.

7. (a) (i) If, during a verification conducted under subparagraph 3(a), the information to support a claim for preferential tariff treatment is insufficient, the importing Party may take the actions it considers appropriate, which may include suspending the application of such treatment to:

(A) in the case of a verification conducted under subparagraph 3(a)(i), the textile or apparel good for which a claim for preferential tariff treatment has been made; and

(B) in the case of a verification conducted under subparagraph 3(a)(ii), any textile or apparel good exported or produced by the enterprise subject to that verification for which a claim of preferential tariff treatment has been made.

(ii) If, on completion of a verification conducted under subparagraph 3(a), the information to support a claim for preferential tariff treatment is insufficient, the importing Party may take the actions it considers appropriate, which may include denying the application of such treatment to any textile or apparel good described in clauses (i)(A) and (B).

(iii) If, during or on completion of a verification conducted under subparagraph 3(a), the importing Party discovers that an enterprise has provided incorrect information to support a claim for preferential tariff treatment, the importing Party may take the actions it considers appropriate, which may include denying the application of such treatment to any textile or apparel good described in clauses (i)(A) and (B).

(b) (i) If, during a verification conducted under subparagraph 3(a), the information to determine the country of origin is insufficient, the importing Party may take the actions it considers appropriate, which may include detention of any textile or apparel good exported or produced by the enterprise subject to the verification.

(ii) If, on completion of a verification conducted under subparagraph 3(a), the information to determine the country of origin is insufficient, the importing Party may take the actions it considers appropriate, which may include denying entry to any textile or apparel good exported or produced by the enterprise subject to the verification.

(iii) If, during or on completion of a verification conducted under subparagraph 3(a), the importing Party discovers that an enterprise has provided incorrect information as to the country of origin, the importing Party may take appropriate action, which may include denying entry to any textile or apparel good exported or produced by the enterprise subject to the verification.

(c) The importing Party may continue to take the actions it considers appropriate under this paragraph only until it receives information sufficient to enable it to make the determination in subparagraphs 3(a)(i) or (ii), as the case may be.

8. No later than 45 days after it completes a verification conducted under subparagraph 3(a), the exporting Party shall provide the importing Party a written report on the results of the verification. The report shall include all documents and facts supporting any conclusion that the exporting Party reaches. After receiving the report, the importing Party shall notify the exporting Party of any action it will take under subparagraph 7(a)(ii) or (iii) or 7(b)(ii) or iii), based on the information provided in the report.

9. On the written request of a Party, two or more Parties shall enter into consultations to resolve any technical or interpretive difficulties that may arise or to discuss ways to improve customs cooperation regarding the application of this Article. Unless the consulting Parties otherwise agree, consultations shall begin within 30 days after delivery of the request and conclude within 90 days after delivery.

10. A Party may request technical or other assistance from any other Party in implementing this Article. The Party receiving such a request shall make every effort to respond promptly and favorably to it.

(2) The Party shall provide advance notice to the other Parties of the procedures by which such publication is to be made.

Article 3.3. Rules of Origin, Origin Procedures, and Related Matters

1. Except as provided in this Article and the Annexes to this Chapter, Chapter Four (Rules of Origin and Origin Procedures) applies with respect to textile and apparel goods.

Consultations on Rules of Origin

2. On request of a Party, the Parties shall, within 30 days after the request is delivered, consult on whether the rules of origin applicable to a particular textile or apparel good should be revised.

3. Where the consultations referred to in paragraph 2 concern an input not available in commercial quantities, each Party shall consider all data that a Party presents demonstrating that there is substantial production in its territory of such input. The Parties shall consider that there is substantial production if a Party demonstrates that its domestic producers are capable of supplying commercial quantities of the input to the Parties in a timely manner.

4. The Parties shall endeavor to conclude the consultations within 90 days after delivery of the request. If the Parties reach an agreement to revise a rule of origin for a particular good, the agreement shall supersede that rule of origin when modified by the Commission in accordance with Article 20.1.3(b).

Fabrics, Yarns, and Fibers Not Available in Commercial Quantities

5. (a) At the request of an interested entity, the United States shall, within 30 business days of receiving the request, add a fabric, fiber, or yarn in an unrestricted or restricted quantity to the list in Annex 3-B, if the United States determines, based on information supplied by interested entities, that the fabric, fiber, or yarn is not available in commercial quantities in a timely manner in the territory of any Party, or if no interested entity objects to the request.

(b) If there is insufficient information to make the determination in subparagraph (a), the United States may extend the period within which it must make that determination by no more than 14 business days, in order to meet with interested entities to substantiate the information.

(c) If the United States does not make the determination in subparagraph (a) within 15 business days of the expiration of the period within which it must make that determination, as specified in subparagraph (a) or (b), the United States shall grant the request.

(d) The United States may, within six months after adding a restricted quantity of a fabric, fiber, or yarn to the list in Annex 3-B pursuant to subparagraph (a), modify or eliminate the restriction.

(e) If the United States determines before the date of entry into force of this Agreement that any fabrics or yarns not listed in Annex 3-B are not available in commercial quantities in the United States pursuant to section 112(b)(5)(B) of the African Growth and Opportunity Act (19 U.S.C. § 3721(b)), section 204(b)(3)(B)(ii) of the Andean Trade Preference Act (19 U.S.C. § 3203(b)(3)(B)(ii)), or section 213(b)(2)(A)(v)(D of the Caribbean Basin Economic Recovery Act (19 U.S.C. § 2703(b)(2)(A)(v) (ID), the United States may, after consultation with the Parties, add such fabrics or yarns in an unrestricted quantity to the list in Annex 3-B.

6. At the request of an interested entity made no earlier than six months after the United States has added a fabric, yarn, or fiber in an unrestricted quantity to Annex 3-B pursuant to paragraph 5, the United States may, within 30 business days after it receives the request:

(a) delete the fabric, yarn, or fiber from the list in Annex 3-B; or

(b) introduce a restriction on the quantity of the fabric, yarn, or fiber added to Annex 3- B;

if the United States determines, based on the information supplied by interested entities, that the fabric, yarn, or fiber is available in commercial quantities in a timely manner in the territory of any Party. Such deletion or restriction shall not take effect until six months after the United States publishes its determination.

7. Promptly after the date of entry into force of this Agreement, the United States shall publish the procedures it will follow in considering requests under paragraphs 5 and 6. After publication of such procedures, a Party or Parties may request consultations with respect to those procedures.

De Minimis

8. A textile or apparel good that is not an originating good because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo the applicable change in tariff classification set out in Annex 3-A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than ten percent of the total weight of that component. (3)

9. Notwithstanding paragraph 8, a good containing elastomeric yarns (4) in the component of the good that determines the tariff classification of the good shall be originating only if such yarns are wholly formed in the territory of a Party. (5)

Treatment of Sets

10. Notwithstanding the specific rules of origin in Annex 3-A textile or apparel goods classifiable as goods put up in sets for retail sale as provided for in General Rule of Interpretation 3 of the Harmonized System, shall not be regarded as originating goods unless each of the goods in the set is an originating good or the total value of the non-originating goods in the set does not exceed ten percent of the adjusted value of the set.

Treatment of Nylon Filament Yarn

11. A textile or apparel good that is not an originating good because certain yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3-A shall nonetheless be considered to be an originating good if the yarns are those described in Section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act (19 U.S.C. § 3203(b)(3)(B)(vi)dV)). Duty-free Treatment for Certain Goods

12. An importing and an exporting Party may identify at any time particular textile or apparel goods of the exporting Party that they mutually agree are:

(a) hand-loomed fabrics;

(b) hand-made goods made of such hand-loomed fabrics;

(c) traditional folklore handicraft goods; or

(d) handmade goods that substantially incorporate a historical or traditional regional design or motif.

A historical or traditional regional design or motif includes, but is not limited to, depictions of traditional geometric patterns or native objects, landscapes, animals, or people.

13. The importing Party shall grant duty-free treatment to goods identified pursuant to paragraph 12, if the competent authority of the exporting Party certifies such identification.

Regional Cumulation

14. In the light of their desire to promote regional integration, the Parties shall enter into discussions, within six months of the date of entry into force of this Agreement, or at a time to be determined by the Parties, with a view to deciding, subject to their applicable domestic legal requirements (such as a requirement to consult with the legislature and domestic industry), whether materials that are goods of countries in the region may be counted for purposes of satisfying the origin requirement under this Chapter as a step toward achieving regional integration.

(3) For greater certainty, when the good is a fiber, yarn, or fabric, the "component of the good that determines the tariff classification of the good" is all of the fibers in the yarn, fabric, or group of fibers.
(4) For greater certainty, the term "elastomeric yarns" does not include latex.
(5) For purposes of this paragraph, "wholly formed" means that all the production process and finishing operations, starting with the extrusion of all filaments, strips, films, or sheets, or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn, took place in the territory of the Party.

Article 3.4. Committee on Textile and Apparel Trade Matters

The Parties hereby establish a Committee on Textile and Apparel Trade Matters. The Committee on Textile and Apparel Trade Matters shall meet upon the request of any Party or the Free Trade Commission to consider any matter arising under this Chapter.

Article 3.5. Definitions

For purposes of this Chapter:

claim of origin means a claim that a textile or apparel good is an originating good or satisfies the non-preferential rules of origin of a Party;

exporting Party means the Party from whose territory a textile or apparel good is exported; importing Party means the Party into whose territory a textile or apparel good is imported; input means a fiber, yarn, or fabric used in the production of a textile or apparel good;

interested entity means a Party, an actual or potential purchaser of a textile or apparel good, or an actual or potential supplier of a textile or apparel good;

textile or apparel good means a good listed in the Annex to the WTO Agreement on Textiles and Clothing, except for those goods listed in Annex 3-C;

textile safeguard measure means a measure applied under Article 3.1; and

transition period means the five-year period beginning on the date of entry into force of this Agreement.

Chapter Four. Rules of Origin and Origin Procedures

Section A. Rules of Origin

Article 4.1. Originating Goods

Except as otherwise provided in this Chapter, each Party shall provide that a good is originating where:

(a) it is a good wholly obtained or produced entirely in the territory of one or more of the Parties;

(b) it is produced entirely in the territory of one or more of the Parties and 

(i) each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4.1 or Annex 3-A (Textile and Apparel Specific Rules of Origin), or

(ii) the good otherwise satisfies any applicable regional value content or other requirements specified in Annex 4.1 or Annex 3-A (Textile and Apparel Specific Rules of Origin), and the good satisfies all other applicable requirements of this Chapter; or

(c) it is produced entirely in the territory of one or more of the Parties exclusively from originating materials.

Article 4.2. Regional Value Content

1. Where Annex 4.1 specifies a regional value content test to determine whether a good is originating, each Party shall provide that the importer, exporter, or producer may, for purposes of making a claim for preferential tariff treatment in accordance with Article 4.15, calculate regional value content based on one or the other of the following methods:

(a) Method Based on Value of Non-Originating Materials ("Build-down Method")

RVC = AV - VNM/AV x 100

(b) Method Based on Value of Originating Materials ("Build-up Method")

RVC = VOM/AV x 100

AV where, RVC is the regional value content, expressed as a percentage;

AV is the adjusted value of the good;

VNM_ is the value of non-originating materials that are acquired and used by the producer in the production of the good;

VNM does not include the value of a material that is self-produced; and

VOM is the value of originating materials acquired or self-produced, and used by the producer in the production of the good.

2. Each Party shall provide that all costs considered for the calculation of regional value content shall be recorded and maintained in conformity with the Generally Accepted Accounting Principles applicable in the territory of the Party where the good is produced.

3. Where Annex 4.1 specifies a regional value content test to determine if an automotive good (1) is originating, each Party shall provide that the importer, exporter, or producer shall, for purposes of making a claim for preferential tariff treatment in accordance with Article 4.15, calculate the regional value content of that good based solely on the following method:

Method for Automotive Products ("Net Cost Method")

RVC = NC - VNM/NC x 100

where,

RVC is the regional value content, expressed as a percentage;

NC is the net cost of the good; and

VNM is the value of non-originating materials acquired and used by the producer in the production of the good; VNM does not include the value of a material that is self- produced.

4. Each Party shall provide that, for purposes of the regional value content method in paragraph 3, the importer, exporter, or producer may use a calculation averaged over the producer's fiscal year, using any one of the following categories, on the basis of all motor vehicles in the category or only those motor vehicles in the category that are exported to the territory of one or more of the Parties:

(a) the same model line of motor vehicles in the same class of vehicles produced in the same plant in the territory of a Party;

(b) the same class of motor vehicles produced in the same plant in the territory of a Party; or

(c) the same model line of motor vehicles produced in the territory of a Party.

5. Each Party shall provide that, for purposes of calculating regional value content under paragraph 3 for automotive materials (2) produced in the same plant, an importer, exporter, or producer may use a calculation:

(a) averaged:

(i) over the fiscal year of the motor vehicle producer to whom the good is sold;

(ii) over any quarter or month; or

(iii) over the automotive materials producer's fiscal year,

provided that the good was produced during the fiscal year, quarter, or month forming the basis for the calculation;

(b) in which the average in subparagraph (a) is calculated separately for such goods sold to one or more motor vehicle producers; or

(c) in which the average in subparagraph (a) or (b) is calculated separately for those goods that are exported to the territory of one or more of the Parties.

(1) Paragraph 3 applies solely to goods classified under the following Harmonized System headings and subheadings: 8407.31 through 8407.34 (engines), 8408.20 (diesel engines for vehicles), 84.09 (parts of engines) 87.01 through 87.05 (motor vehicles), 87.06 (chassis), 87.07 (bodies), and 87.08 (motor vehicle parts).
(2) Paragraph 5 applies solely to automotive materials classified in the following Harmonized System headings and subheadings: 8407.31 through 8407.34 (engines), 8408.20 (diesel engines for vehicles), 84.09 (parts of engines), 87.06 (chassis), 87.07 (bodies), and 87.08 (motor vehicle parts).

Article 4.3. Value of Materials

Each Party shall provide that, for purposes of Articles 4.2 and 4.6, the value of a material shall be:

(a) for a material imported by the producer of the good, the adjusted value of the material;

(b) for a material acquired by the producer in the territory where the good is produced, the value, determined in accordance with Articles 1 through 8, Article 15 and the corresponding interpretative notes of the Customs Valuation Agreement, i.e., in the same manner as for imported goods, with such reasonable modifications as may be required due to the absence of an importation by the producer; or

(c) for a material that is self-produced,

(i) all the expenses incurred in the production of the material, including general expenses, and

(ii) an amount for profit equivalent to the profit added in the normal course of trade.

Article 4.4. Further Adjustments to the Value of Materials

1. Each Party shall provide that, for originating materials, the following expenses, where not included under Article 4.3, may be added to the value of the material:

(a) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within a Party’s territory or between the territories of two or more of the Parties to the location of the producer;

(b) duties, taxes, and customs brokerage fees on the material paid in the territory of one or more of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-product.

2. Each Party shall provide that, for non-originating materials, the following expenses, where included under Article 4.3, may be deducted from the value of the material:

(a) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within a Party’s territory or between the territories of two or more of the Parties to the location of the producer;

(b) duties, taxes, and customs brokerage fees on the material paid in the territory of two or more of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable;

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-product; and

(d) the cost of originating materials used in the production of the non-originating material in the territory of a Party.

Article 4.5. Accumulation

1. Each Party shall provide that originating goods or materials of one or more of the Parties, incorporated into a good in the territory of another Party, shall be considered to originate in the territory of the other Party.

2. Each Party shall provide that a good is originating where the good is produced in the territory of one or more of the Parties by one or more producers, provided that the good satisfies the requirements in Article 4.1 and all other applicable requirements in this Chapter.

Article 4.6. De Minimis

Except as provided in Annex 4.6, each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 4.1 is nonetheless originating if the value of all non-originating materials used in the production of the good and that do not undergo the applicable change in tariff classification does not exceed ten percent of the adjusted value of the good, provided that the value of such non-originating materials shall be included in the value of non-originating materials for any applicable regional value content requirement and that the good meets all other applicable requirements in this Chapter.

Article 4.7. Fungible Goods and Materials

1. Each Party shall provide that an importer may claim that a fungible good or material is originating where the importer, exporter, or producer has:

(a) physically segregated each fungible good or material; or

(b) used any inventory management method, such as averaging, last-in-first-out (LIFO) or first-in-first-out (FIFO), recognized in the Generally Accepted Accounting Principles of the Party in which the production is performed or otherwise accepted by the Party in which the production is performed.

2. Each Party shall provide that the inventory management method selected under paragraph 1 for a particular fungible good or material shall continue to be used for that good or material throughout the fiscal year of the person that selected the inventory management method.

Article 4.8. Accessories, Spare Parts, and Tools

1. Each Party shall provide that a good's standard accessories, spare parts, or tools delivered with the good shall be treated as originating goods if the good is an originating good and shall be disregarded in determining whether all the non-originating materials used in the production of the good undergo the applicable change in tariff classification, provided that:

(a) the accessories, spare parts, or tools are classified with and not invoiced separately from the good, regardless of whether they appear specified or separately identified in the invoice itself; and

(b) the quantities and value of the accessories, spare parts, or tools are customary for the good.

2. If a good is subject to a regional value content requirement, the value of the accessories, spare parts, or tools described in paragraph 1 shall be taken into account as originating or non- originating materials, as the case may be, in calculating the regional value content of the good.

  • Chapter   One Initial Provisions and General Definitions 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Section   B General Definitions 1
  • Article   1.3 Definitions of General Application 1
  • Chapter   Two National Treatment and Market Access for Goods 1
  • Article   2.1 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   2.2 National Treatment 1
  • Section   B Tariff Elimination 1
  • Article   2.3 Tariff Elimination 1
  • Section   C Special Regimes 1
  • Article   2.4 Waiver of Customs Duties 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Goods Re-entered after Repair or Alteration 1
  • Article   2.7 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Section   D Non-Tariff Measures 1
  • Article   2.8 Import and Export Restrictions 1
  • Article   2.9 Import Licensing 2
  • Article   2.10 Administrative Fees and Formalities 2
  • Article   2.11 Export Taxes 2
  • Section   E Other Measures 2
  • Article   2.12 Distinctive Products 2
  • Section   F Institutional Provisions 2
  • Article   2.13 Committee on Trade In Goods 2
  • Section   G Agriculture 2
  • Article   2.14 Scope and Coverage 2
  • Article   2.15 Administration and Implementation of Tariff-Rate Quotas 2
  • Article   2.16 Agricultural Export Subsidies 2
  • Article   2.17 Export State Trading Enterprises 2
  • Article   2.18 Agricultural Safeguard Measures 2
  • Article   2.19 Sugar Compensation Mechanism 2
  • Article   2.20 Consultations on Trade In Chicken 2
  • Article   2.21 Committee on Agricultural Trade 2
  • Section   H Definitions 2
  • Article   2.22 Definitions 2
  • Chapter   Three Textiles and Apparel (1) 2
  • Article   3.1 Textile Safeguard Measures 2
  • Article   3.2 Customs Cooperation and Verification of Origin 2
  • Article   3.3 Rules of Origin, Origin Procedures, and Related Matters 3
  • Article   3.4 Committee on Textile and Apparel Trade Matters 3
  • Article   3.5 Definitions 3
  • Chapter   Four Rules of Origin and Origin Procedures 3
  • Section   A Rules of Origin 3
  • Article   4.1 Originating Goods 3
  • Article   4.2 Regional Value Content 3
  • Article   4.3 Value of Materials 3
  • Article   4.4 Further Adjustments to the Value of Materials 3
  • Article   4.5 Accumulation 3
  • Article   4.6 De Minimis 3
  • Article   4.7 Fungible Goods and Materials 3
  • Article   4.8 Accessories, Spare Parts, and Tools 3
  • Article   4.9 Sets of Goods 4
  • Article   4.10 Packaging Materials and Containers for Retail Sale 4
  • Article   4.11 Packing Materials and Containers for Shipment 4
  • Article   4.12 Indirect Materials Used In Production 4
  • Article   4.13 Transit and Transshipment 4
  • Article   4.14 Consultation and Modifications 4
  • Section   B Origin Procedures 4
  • Article   4.15 Claims for Preferential Treatment 4
  • Article   4.16 Exceptions 4
  • Article   4.17 Record Keeping Requirements 4
  • Article   4.18 Verification 4
  • Article   4.19 Obligations Relating to Importations 4
  • Article   4.20 Obligations Relating to Exportations 4
  • Article   4.21 Common Guidelines 4
  • Article   4.22 Implementation Peru Shall: 4
  • Article   4.23 Definitions 4
  • Chapter   Five Customs Administration and Trade Facilitation 5
  • Article   5.1 Publication 5
  • Article   5.2 Release of Goods 5
  • Article   5.3 Automation 5
  • Article   5.4 Risk Management 5
  • Article   5.5 Cooperation 5
  • Article   5.6 Confidentiality 5
  • Article   5.7 Express Shipments 5
  • Article   5.8 Review and Appeal 5
  • Article   5.9 Penalties 5
  • Article   5.10 Advance Rulings 5
  • Article   5.11 Implementation 5
  • Chapter   Six Sanitary and Phytosanitary Measures 5
  • Article   6.1 Scope and Coverage 5
  • Article   6.2 General Provisions 5
  • Article   6.3 Standing Committee on Sanitary and Phytosanitary Matters 5
  • Chapter   Seven Technical Barriers to Trade 5
  • Article   7.1 Affirmation of the TBT Agreement 5
  • Article   7.2 Scope and Coverage 5
  • Article   7.3 Trade Facilitation 5
  • Article   7.4 Conformity Assessment 5
  • Article   7.5 Technical Regulations 5
  • Article   7.6 Transparency 5
  • Article   7.7 Committee on Technical Barriers to Trade 6
  • Article   7.8 Information Exchange 6
  • Article   7.9 Definitions 6
  • Chapter   Eight Trade Remedies 6
  • Section   A Safeguard Measures 6
  • Article   8.1 Imposition of a Safeguard Measure 6
  • Article   8.2 Standards for a Safeguard Measure 6
  • Article   8.3 Investigation Procedures and Transparency Requirements 6
  • Article   8.4 Notification and Consultation 6
  • Article   8.5 Compensation 6
  • Article   8.6 Global Safeguard Measures 6
  • Article   8.9 Definitions 6
  • Section   B Antidumping and Countervailing Measures 6
  • Chapter   Nine Government Procurement 6
  • Article   9.1 Scope and Coverage 6
  • Article   9.2 General Principles 6
  • Article   9.3 Publication of Procurement Information 6
  • Article   9.4 Publication of Notices 6
  • Article   9.5 Time Limits 7
  • Article   9.6 Information on Intended Procurements 7
  • Article   9.7 Conditions for Participation General Requirements 7
  • Article   9.8 Limited Tendering 7
  • Article   9.9 Treatment of Tenders and Awarding of Contracts 7
  • Article   9.10 Ensuring Integrity In Procurement Practices 7
  • Article   9.11 Domestic Review of Supplier Challenges 7
  • Article   9.12 Modifications and Rectifications to Coverage 7
  • Article   9.13 Disclosure of Information 7
  • Article   9.14 Exceptions 8
  • Article   9.15 Committee on Procurement 8
  • Article   9.16 Definitions 8
  • Chapter   Ten Investment 8
  • Section   A Investment 8
  • Article   10.1 Scope and Coverage (1) 8
  • Article   10.2 Relation to other Chapters 8
  • Article   10.3 National Treatment 8
  • Article   10.4 Most-Favored-Nation Treatment 8
  • Article   10.5 Minimum Standard of Treatment  (3) 8
  • Article   10.6 Treatment In Case of Strife 8
  • Article   10.7 Expropriation and Compensation (4) 8
  • Article   10.8 Transfers 8
  • Article   10.9 Performance Requirements 8
  • Article   10.10 Senior Management and Boards of Directors 8
  • Article   10.11 Investment and Environment 8
  • Article   10.12 Denial of Benefits 8
  • Article   10.13 Non-Conforming Measures 8
  • Article   10.14 Special Formalities and Information Requirements 9
  • Section   B Investor-State Dispute Settlement 9
  • Article   10.15 Consultation and Negotiation 9
  • Article   10.16 Submission of a Claim to Arbitration 9
  • Article   10.17 Consent of Each Party to Arbitration 9
  • Article   10.18 Conditions and Limitations on Consent of Each Party 9
  • Article   10.19 Selection of Arbitrators 9
  • Article   10.20 Conduct of the Arbitration 9
  • Article   10.21 Transparency of Arbitral Proceedings 9
  • Article   10.22 Governing Law 9
  • Article   10.23 Interpretation of Annexes 9
  • Article   10.24 Expert Reports 9
  • Article   10.25 Consolidation 9
  • Article   10.26 Awards 9
  • Article   10/27 Service of Documents 10
  • Section   C Definitions 10
  • Article   10.28 Definitions 10
  • Annex 10-A  Customary International Law 10
  • Annex 10-B  Expropriation 10
  • Annex 10-C  Service of Documents on a Party under Section B 10
  • Annex 10-D  Appellate Body or Similar Mechanism 10
  • Annex 10-E  Special Dispute Settlement Provisions 10
  • Annex 10-F  Public Debt 10
  • Annex 10-G  Submission of a Claim to Arbitration 10
  • Annex 10-H  Certain Agreements between Peru and Covered Investments or Investors of Another Party (22) 10
  • Appendix 10-H.A  10
  • Appendix 10-H.B  11
  • Chapter   Eleven Cross-Border Trade In Services 11
  • Article   11.1 Scope and Coverage 11
  • Article   11.2 National Treatment 11
  • Article   11.3 Most-Favored-Nation Treatment 11
  • Article   11.4 Market Access 11
  • Article   11.5 Local Presence 11
  • Article   11.6 Non-Conforming Measures 11
  • Article   11.7 Domestic Regulation 11
  • Article   11.8 Transparency In Developing and Applying Regulations (3) 11
  • Article   11.9 Recognition 11
  • Article   11.10 Transfers and Payments 11
  • Article   11.11 Denial of Benefits 1. a Party May Deny the Benefits of this Chapter to a Service Supplier of Another Party If the 11
  • Article   11.12 Specific Commitments 11
  • Article   11.13 Implementation 12
  • Article   11.14 Definitions 12
  • Chapter   Twelve  Financial Services 12
  • Article   12.1 Scope and Coverage 12
  • Article   12.2 National Treatment 12
  • Article   12.3 Most-Favored-Nation Treatment 12
  • Article   12.4 Market Access for Financial Institutions 12
  • Article   12.5 Cross-Border Trade 12
  • Article   12.6 New Financial Services (2) 12
  • Article   12.7 Treatment of Certain Information 12
  • Article   12.8 Senior Management and Boards of Directors 12
  • Article   12.9 Non-Conforming Measures 12
  • Article   12.10 Exceptions 12
  • Article   12.11 Transparency and Administration of Certain Measures 12
  • Article   12.12 Self-Regulatory Organizations 12
  • Article   12.13 Payment and Clearing Systems 12
  • Article   12.14 Expedited Availability of Insurance Services 12
  • Article   12.15 Specific Commitments 12
  • Article   12.16 Financial Services Committee 12
  • Article   12.17 Consultations 12
  • Article   12.18 Dispute Settlement 12
  • Article   12.19 Investment Disputes In Financial Services 12
  • Article   12.20 Definitions 12
  • Chapter   Thirteen Competition Policy, Designated Monopolies, and State Enterprises 13
  • Article   13.1 Objectives 13
  • Article   13.2 Competition Law and Anticompetitive Business Conduct 13
  • Article   13.3 Cooperation 1. the Parties Agree to Cooperate In the Area of Competition Policy. the Parties Recognize 13
  • Article   13.4 Working Group 13
  • Article   13.5 Designated Monopolies 13
  • Article   13.6 State Enterprises 13
  • Article   13.7 Differences In Pricing 13
  • Article   13.8 Transparency and Information Requests 13
  • Article   13.9 Consultations 13
  • Article   13.10 Dispute Settlement 13
  • Article   13.11 Definitions 13
  • Chapter   Fourteen Telecommunications 13
  • Article   14.1 Scope and Coverage 13
  • Article   14.2 Access to and Use of Public Telecommunications Servicesâ (1) 13
  • Article   14.3 Obligations Relating to Suppliers of Public Telecommunications Services (2) 13
  • Article   14.4 Additional Obligations Relating to Major Suppliers of Public Telecommunications Services (4) 13
  • Article   14.5 Submarine Cable Systems 14
  • Article   14.6 Conditions for the Supply of Information Services 14
  • Article   14.7 Independent Regulatory Bodies and Government-owned Telecommunications Suppliers 14
  • Article   14.8 Universal Service 14
  • Article   14.9 Licenses and other Authorizations 14
  • Article   14.10 Allocation and Use of Scarce Resources 14
  • Article   14 Enforcement 14
  • Article   14.12 Resolution of Telecommunications Disputes 14
  • Article   14.13 Transparency 14
  • Article   14.14 14
  • Article   14.15 Forbearance 14
  • Article   14.16 Relationship to other Chapters 14
  • Article   14.17 Definitions 14
  • Chapter   Fifteen Electronic Commerce 14
  • Article   15.1 General 14
  • Article   15.2 Electronic Supply of Services 14
  • Article   15.3 Digital Products 14
  • Article   15.4 Transparency 14
  • Article   15.5 Consumer Protection 14
  • Article   15.6 Authentication 14
  • Article   15.7 Paperless Trade Administration 14
  • Article   15.8 Definitions 14
  • Chapter   Sixteen  Intellectual Property Rights 14
  • Article   16.1 General Provisions 14
  • Article   16.2 Trademarks 15
  • Article   16.3 Geographical Indications 15
  • Article   16.4 Domain Names on the Internet 15
  • Article   16.5 Copyrights 15
  • Article   16.6 Related Rights 15
  • Article   16.7 Obligations Common to Copyright and Related Rights 15
  • Article   16.8 Protection of Encrypted Program-Carrying Satellite Signals 16
  • Article   16.9 Patents 16
  • Article   16.10 Measures Related to Certain Regulated Products 16
  • Article   16.11 Enforcement of Intellectual Property Rights 16
  • Article   16.12 Promotion of Innovation and Technological Development 17
  • Article   16.13 Understandings Regarding Certain Public Health Measures 17
  • Article   16.14 Final Provisions 17
  • Chapter   Seventeen Labor 17
  • Article   17.1 Statement of Shared Commitments 17
  • Article   17.2 Fundamental Labor Rights (1) 17
  • Article   17.3 Enforcement of Labor Laws 17
  • Article   17.4 Procedural Guarantees and Public Awareness 17
  • Article   17.5 Institutional Arrangements 17
  • Article   17.6 Labor Cooperation and Capacity Building Mechanism 17
  • Article   17.7 Cooperative Labor Consultations 17
  • Article   17.8 Definitions 17
  • Chapter   Eighteen Environment 17
  • Article   18.1 Levels of Protection 17
  • Article   18.2 Environmental Agreements! (1)  17
  • Article   18.3 Enforcement of Environmental Laws 17
  • Article   18.4 Procedural Matters 17
  • Article   18.5 Mechanisms to Enhance Environmental Performance 17
  • Article   18.6 Environmental Affairs Council 17
  • Article   18.7 Opportunities for Public Participation 18
  • Article   18.8 Submissions on Enforcement Matters 18
  • Article   18.9 Factual Records and Related Cooperation 18
  • Article   18.10 Environmental Cooperation 18
  • Article   18.11 Biological Diversity 18
  • Article   18.12 Environmental Consultations and Panel Procedure 18
  • Article   18.13 Relationship to Environmental Agreements 18
  • Article   18.14 Definitions 18
  • Chapter   Nineteen  Transparency 18
  • Section   A Transparency 18
  • Section   A Transparency 18
  • Article   19.1 Contact Points 18
  • Article   19.2 Publication 18
  • Article   19.3 Notification and Provision of Information 18
  • Article   19.4 Administrative Proceedings 18
  • Article   19.5 Review and Appeal 18
  • Article   19.6 Definitions 18
  • Section   B Anti-Corruption 18
  • Article   19.7 Statement of Principle 18
  • Article   19.8 Cooperation In International Fora 18
  • Article   19.9 Anti-Corruption Measures 18
  • Article   19.10 Definitions 18
  • Chapter   Twenty  Administration of the Agreement and Trade Capacity Building 19
  • Section   A Administration of the Agreement 19
  • Article   20.1  The Free Trade Commission 19
  • Article   20.2 Free Trade Agreement Coordinators 19
  • Article   20.3 Administration of Dispute Settlement Proceedings 19
  • Section   B Trade Capacity Building 19
  • Article   20.4 Committee on Trade Capacity Building 19
  • Chapter   Twenty-One Dispute Settlement 19
  • Section   A Dispute Settlement 19
  • Article   21.1 Cooperation 19
  • Article   21.2 Scope of Application 19
  • Article   21.3 Choice of Forum 19
  • Article   21.4 Consultations 19
  • Article   21.5 Intervention of the Commission 19
  • Article   21.6 Request for an Arbitral Panel 19
  • Article   21.7 Indicative Roster 19
  • Article   21.8 Qualifications of Panelists 19
  • Article   21.9 Panel Selection 19
  • Article   21.10 Rules of Procedure 19
  • Article   21.11 Third Party Participation 19
  • Article   21.12 Role of Experts 19
  • Article   21.13 Initial Report 19
  • Article   21.14 Final Report 19
  • Article   21.15 Implementation of Final Report 19
  • Article   21.16 Non-Implementation —Suspension of Benefits 19
  • Article   21.17 Compliance Review 19
  • Article   21.18 Five-Year Review 19
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 19
  • Article   21.19 Referral of Matters from Judicial or Administrative Proceedings 19
  • Article   21.20 Private Rights 20
  • Article   21.21 Alternative Dispute Resolution 20
  • Chapter   Twenty-two Exceptions 20
  • Article   22.1 General Exceptions 20
  • Article   22.2 Essential Security 20
  • Article   22.3 Taxation 20
  • Article   22.4 Disclosure of Information 20
  • Article   22.5 Definitions 20
  • Chapter   Twenty-Three Final Provisions 20
  • Article   23.1 Annexes, Appendices, and Footnotes 20
  • Article   23.2 Amendments 20
  • Article   23.3 Amendment of the WTO Agreement 20
  • Article   23.4 Entry Into Force and Termination 20
  • Article   23.5 Accession 20
  • Article   23.6 Authentic Texts 20
  • Annex I  Explanatory Notes 20
  • Annex I  Schedule of the United States 20
  • Annex I  Schedule of Peru 21
  • Annex II  Explanatory Notes 21
  • Annex II  Schedule of the United States 22
  • Annex II  Schedule of Peru 22