Peru - United States Trade Promotion Agreement (2006)
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(b) a description of the procurement, including the nature and, where known, quantity of the goods or services to be procured, and any conditions for participation;

(c) the time frame for delivery of goods or services or the duration of the contract;

(d) the procurement method that will be used and whether it will involve negotiations;

(e) the address and the time limit for the submission of tenders and, where appropriate, any time limit for the submission of an application for participation in a procurement; and

(f) an indication that the procurement is covered by this Chapter.

Notice of Planned Procurement

3. Each Party shall encourage its procuring entities to publish as early as possible in each fiscal year notices regarding their respective procurement plans. Such notices should include the subject matter of any planned procurement and the estimated date of the publication of the notice of intended procurement. Where the notice is published in accordance with Article 9.5.4(a), a procuring entity may apply Article 9.5.4(a) for the purpose of establishing shorter time limits for tendering.

Article 9.5. Time Limits

1. A procuring entity shall provide suppliers sufficient time to submit applications to participate in a procurement and prepare and submit responsive tenders, taking into account the nature and complexity of the procurement.

2. Except as provided for in paragraphs 3, 4, and 5, a procuring entity shall establish that the final date for the submission of tenders shall be not less than 40 days:

(a) from the date on which the notice of intended procurement is published; or

(b) where the procuring entity has used selective tendering, from the date on which the entity invites suppliers to submit tenders.

3. A procuring entity may reduce the time limit for submission of tenders by up to 10 days where the entity publishes a notice of intended procurement in accordance with Article 9.4 in an electronic medium and concurrently provides the tender documentation in an electronic medium.

4. A procuring entity may establish a time limit for tendering that is less than 40 days, or 30 days where the entity has complied with paragraph 3, provided that the time given to suppliers is sufficient to enable them to prepare and submit responsive tenders and is in no case less than 10 days before the final date for the submission of tenders, where:

(a) the procuring entity published a separate notice, including a notice of planned procurement under Article 9.4.3 at least 40 days and not more than 12 months in advance, and such separate notice contains a description of the procurement, the relevant time limits for the submission of tenders or, where appropriate, applications for participation in a procurement, and the address from which documents relating to the procurement may be obtained;

(b) the procuring entity procures commercial goods or services; or

(c) a state of unforeseen urgency, duly substantiated by the procuring entity, renders impracticable the time limits specified in paragraph 2 or, where applicable, paragraph 3.

5. A procuring entity shall require all participating suppliers to submit tenders in accordance with a common deadline. For greater certainty, this requirement also applies where:

(a) as a result of the need to amend information provided to suppliers during the procurement process, the procuring entity extends the time limits for qualification or tendering procedures; or

(b) in the case of negotiations, the negotiations are concluded and suppliers may submit new tenders.

Article 9.6. Information on Intended Procurements

Tender Documentation

1. A procuring entity shall promptly provide, on request, to any supplier interested in participating in a procurement tender documentation that includes all information necessary to permit suppliers to prepare and submit responsive tenders. Unless already provided in the notice of intended procurement, such documentation shall include a complete description of:

(a) the procurement, including the nature, scope, and, where known, the quantity of the goods or services to be procured and any requirements to be fulfilled, including any technical specifications, conformity certification, plans, drawings, or instructional materials;

(b) any conditions for participation, including any financial guarantees, information, and documents that suppliers are required to submit;

(c) all criteria to be considered in the awarding of the contract and, except where price is the determinative factor, the relative importance of such criteria;

(d) where there will be a public opening of tenders, the date, time, and place for the opening of tenders; and

(e) any other terms or conditions relevant to the evaluation of tenders.

2. A procuring entity shall promptly reply to any reasonable request for relevant information by a supplier participating in a covered procurement, except that the entity shall not make available information with regard to a specific procurement in a manner that would give the requesting supplier an advantage over its competitors in the procurement.

Technical Specifications

3. A procuring entity may not prepare, adopt, or apply any technical specification or prescribe any conformity assessment procedure with the purpose or the effect of creating an unnecessary obstacle to trade between the Parties.

4. In prescribing the technical specifications for the good or service being procured, a procuring entity shall:

(a) specify the technical specification, wherever appropriate, in terms of performance and functional requirements, rather than design or descriptive characteristics; and

(b) base the technical specification on international standards, where such exist and are applicable to the procuring entity, except where the use of an international standard would fail to meet the entity's program requirements or would impose a greater burden than the use of a recognized national standard.

5. A procuring entity may not prescribe any technical specifications that require or refer to a particular trademark or trade name, patent, copyright, design or type, specific origin, producer, or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that, in such cases, words such as "or equivalent" are also included in the tender documentation.

6. A procuring entity may not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from any person that may have a commercial interest in the procurement.

7. For greater certainty, this Article is not intended to preclude a procuring entity from preparing, adopting, or applying technical specifications:

(a) to promote the conservation of natural resources and the environment; or

(b) to require a supplier to comply with generally applicable laws regarding

(i) fundamental principles and rights at work; and

(ii) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, in the territory in which the good is produced or the service is performed.

Modifications

8. Where, in the course of a covered procurement, a procuring entity modifies the criteria or technical requirements set out in a notice or tender documentation provided to participating suppliers, it shall transmit all such modifications in writing:

(a) to all the suppliers that are participating at the time the information is modified, if the identities of such suppliers are known, and, in all other cases, in the same manner that the original information was transmitted; and

(b) in adequate time to allow such suppliers to modify and re-submit their initial tenders, as appropriate.

Article 9.7. Conditions for Participation General Requirements

1. Where a procuring entity requires suppliers to satisfy conditions for participation, the entity shall, subject to the other provisions of this Chapter:

(a) limit such conditions to those that are essential to ensure that a supplier has the legal, commercial, technical, and financial abilities to fulfill the requirements and technical specifications of the procurement;

(b) assess the commercial, technical, and financial abilities of a supplier on the basis of the supplier’s global business activities, including its activity in the territory of the Party of the supplier as well as its activity, if any, in the territory of the Party of the procuring entity;

(c) not make it a condition for participation in a procurement that a supplier has previously been awarded one or more contracts by a procuring entity of the Party of the procuring entity or that the supplier has prior work experience in the territory of the Party;

(d) base its determination of whether a supplier has satisfied the conditions for participation solely on the conditions that have been specified in advance in notices or tender documentation; and

(e) allow all domestic suppliers and suppliers of the other Party that satisfy the conditions for participation to participate in the procurement.

2. A procuring entity may exclude a supplier from a procurement on grounds such as:

(a) bankruptcy; or

(b) false declarations.

Multi-use Lists

3. A procuring entity may establish a multi-use list provided that the entity annually publishes or otherwise makes available continuously in electronic form a notice inviting interested suppliers to apply for inclusion on the list. The notice shall include:

(a) a description of the goods or services that may be procured using the list;

(b) the conditions for participation to be satisfied by suppliers and the methods that the procuring entity will use to verify a supplier's satisfaction of the conditions;

(c) the name and address of the procuring entity and any other information necessary to contact the entity and obtain all relevant documents relating to the list;

(d) any deadlines for submission of applications for inclusion on the list; and

(e) an indication that the list may be used for procurement covered by this Chapter.

4. A procuring entity that maintains a multi-use list shall:

(a) include on the list, within a reasonably short time following submission of an application, any supplier that satisfies the conditions for participation; and

(b) where an entity uses the multi-use list in any intended procurement, invite all suppliers on the multi-use list to submit tenders.

Selective Tendering

5. Where a Party's law allows the use of selective tendering procedures, a procuring entity shall, for each intended procurement:

(a) publish a notice inviting suppliers to apply for participation in the procurement sufficiently in advance to provide interested suppliers time to prepare and submit applications and for the entity to evaluate, and make its determinations based on, such applications; and

(b) allow all domestic suppliers and suppliers of the other Party that the entity has determined satisfy the conditions for participation to submit a tender, unless the entity has stated in the notice of intended procurement or, where publicly available, the tender documentation a limitation on the number of suppliers that will be permitted to tender and the criteria for such a limitation.

Information on Procuring Entity's Decisions

6. Where a supplier applies for participation in a covered procurement, a procuring entity shall promptly advise such supplier of the entity's decision with respect to the supplier's application.

7. Where a procuring entity:

(a) rejects an application for participation in a procurement conducted using the procedures described in paragraph 5;

(b) rejects a request for inclusion on a list referred to in paragraph 3; or

(c) ceases to recognize a supplier as having satisfied the conditions for participation,

the entity shall promptly inform the supplier and, on request, promptly provide the supplier with a written explanation of the reasons for the entity's decision.

Article 9.8. Limited Tendering

1. Provided that a procuring entity does not use this provision to avoid competition, to protect domestic suppliers, or in a manner that discriminates against suppliers of the other Party, the entity may contact a supplier or suppliers of its choice and may choose not to apply Articles 9.4 through 9.7, 9.9.1, and 9.9.3 through 9.9.7 in any of the following circumstances:

(a) where, in response to a prior notice or invitation to participate,

(i) no tenders were submitted,

(ii) no tenders were submitted that conform to the essential requirements in the tender documentation, or

(iii) no suppliers satisfied the conditions for participation,

and the entity does not substantially modify the essential requirements of the procurement;

(b) where a good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists for any of the following reasons:

(i) the requirement is for a work of art,

(ii) protection of patents, copyrights, or other exclusive rights, or proprietary information, or

(iii) due to an absence of competition for technical reasons;

(c) for additional deliveries of goods or services by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services, or installations, where a change of supplier would compel the procuring entity to procure goods or services that do not meet requirements of interchangeability with existing equipment, software, services, or installations;

(d) for goods purchased on a commodity market;

(e) where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. For greater certainty, when such a contract has been fulfilled, subsequent procurements of the goods or services shall be subject to Articles 9.4 through 9.7 and 9.9;

(f) in so far as is strictly necessary, where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services cannot be obtained in time under procedures consistent with Articles 9.4 through 9.7 and the use of such procedures would result in serious injury to the procuring entity or the relevant Party; or

(g) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. In such cases, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract.

2. For each contract awarded under paragraph 1, a procuring entity shall prepare and, on request, submit to the other Party a written report that includes:

(a) the name of the procuring entity;

(b) the value and kind of goods or services procured; and

(c) a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of a procedure other than open or selective tendering procedures.

Article 9.9. Treatment of Tenders and Awarding of Contracts

Receipt and Opening of Tenders

1. A procuring entity shall receive and open all tenders under procedures that guarantee the fairness and impartiality of the procurement process.

2. A procuring entity shall treat tenders in confidence until at least the opening of the tenders. In particular, the procuring entity shall not provide information to particular suppliers that might prejudice fair competition between suppliers.

3. Where a procuring entity provides suppliers with an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract, the entity shall provide the same opportunity to all participating suppliers.

Awarding of Contracts

4. A procuring entity shall require that, in order to be considered for an award, a tender must be submitted:

(a) in writing and, at the time of opening, must conform to the essential requirements and evaluation criteria specified in the notices and tender documentation; and

(b) by a supplier that satisfies any conditions for participation.

5. Unless a procuring entity determines that it is not in the public interest to award a contract, the entity shall award the contract to the supplier that the entity has determined satisfies the conditions for participation and is fully capable of undertaking the contract and whose tender is determined to be the lowest price or the most advantageous solely on the basis of the requirements and evaluation criteria specified in the notices and tender documentation.

6. A procuring entity may not cancel a procurement or terminate or modify awarded contracts in a manner that circumvents this Chapter.

Information Provided to Suppliers

7. A procuring entity shall promptly inform suppliers that have submitted tenders of its contract award decision. Subject to Article 9.13, a procuring entity shall, on request, provide an unsuccessful supplier with the reasons that the entity did not select that supplier's tender and the relative advantages of the successful supplier's tender.

Publication of Award Information

8. Not later than 60 days after an award, a procuring entity shall publish in an officially designated publication, which may be in either an electronic or paper medium, a notice that includes at least the following information about the contract:

(a) the name and address of the procuring entity;

(b) a description of the goods or services procured;

(c) the date of award;

(d) the name and address of the successful supplier;

(e) the contract value; and

(f) the procurement method used and, in cases where a procedure has been used pursuant to Article 9.8.1, a description of the circumstances justifying the use of such procedure.

Maintenance of Records

9. A procuring entity shall maintain reports and records of tendering procedures relating to covered procurements, including the reports provided for in Article 9.8.2, and shall retain such reports and records for a period of at least three years after the award of a contract.

Article 9.10. Ensuring Integrity In Procurement Practices

Further to Article 19.9 (Anti-Corruption Measures), each Party shall establish or maintain procedures to declare ineligible for participation in the Party's procurements, either indefinitely or for a stated period of time, suppliers that the Party has determined to have engaged in fraudulent or other illegal actions in relation to procurement. On the request of a Party, the Party receiving the request shall identify the suppliers determined to be ineligible under these procedures, and, where appropriate, exchange information regarding those suppliers or the fraudulent or illegal action.

Article 9.11. Domestic Review of Supplier Challenges

1. Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent from its procuring entities to receive and review challenges that suppliers submit relating to the application by a procuring entity of a Party's measures implementing this Chapter, and to make appropriate findings and recommendations. In the event that a body other than such an authority initially reviews a supplier's challenge, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity that is the subject of the challenge.

2. Each Party shall ensure that a supplier may invoke the review procedure without jeopardizing its participation in ongoing or future procurement activities by the Party's procuring entities.

3. Each Party shall provide that an authority established or designated under paragraph 1 may take prompt interim measures, pending the resolution of a challenge, to preserve the supplier's opportunity to participate in the procurement and to ensure that the procuring entities of the Party comply with measures implementing this Chapter. Such interim measures may include the suspension of the award of a contract or the performance of a contract that has already been awarded.

4. Each Party shall ensure that its review procedures are publicly available in writing, and are timely, transparent, effective, and consistent with the principle of due process.

5. Each Party shall ensure that its review procedures are conducted in accordance with the following:

(a) a supplier shall be allowed sufficient time to prepare and submit a written challenge, which in no case shall be less than 10 days from the time when the basis of the complaint became known, or reasonably should have become known, to the supplier;

(b) a procuring entity shall respond in writing to a supplier's complaint and disclose all relevant documents to the review authority;

(c) a supplier that initiates a complaint shall be provided an opportunity to reply to the procuring entity's response before the review authority takes a decision on the complaint; and

(d) the review authority shall provide its decision on a supplier’s challenge in a timely fashion, in writing, with an explanation of the basis for the decision.

Article 9.12. Modifications and Rectifications to Coverage

1. A Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedules in Annex 9.1, provided that it notifies the other Party in writing and the other Party does not object in writing within 30 days of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments to the other Party.

2. A Party may otherwise modify its coverage under this Chapter provided that the Party:

(a) notifies the other Party in writing and the other Party does not object in writing within 30 days of the notification; and

(b) offers, within 30 days of the notification, acceptable compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification, where necessary.

3. A Party need not provide compensatory adjustments in those circumstances where the Parties agree that the proposed modification covers a procuring entity over which a Party has effectively eliminated its control or influence. Where a Party objects to the assertion that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the procuring entity's continued coverage under this Chapter.

4. The Commission shall modify Annex 9.1 to reflect any agreed rectification, minor amendment, or modification. (1)

(1) For purposes of this Article, the Commission shall comprise the Parties that have agreed to the rectification, minor amendment, or modification.

Article 9.13. Disclosure of Information

Provision of Information to a Party

1. On request, a Party shall provide to the requesting Party information on the tender and evaluation procedures used in the conduct of a procurement sufficient to determine whether a particular procurement was conducted fairly, impartially, and in accordance with this Chapter. The information shall include information on the characteristics and relative advantages of the successful tender and on the contract price.

Non-Disclosure of Information

2. No Party, procuring entity or review authority, referred to in Article 9.11, may disclose information that the person providing it has designated as confidential, in accordance with domestic law, except with the authorization of such person.

3. Nothing in this Chapter shall be construed to require a Party, including its procuring entities, to provide information disclosure of which would:

(a) impede law enforcement;

(b) prejudice fair competition between suppliers;

(c) prejudice the legitimate commercial interests of particular suppliers or procuring entities, including the protection of intellectual property; or

(d) otherwise be contrary to the public interest.

Article 9.14. Exceptions

  • 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