Free Trade Agreement between Peru and Singapore

str. 1CHAPTER 1 : INITIAL PROVISIONS AND GENERAL DEFINITIONS

str. 1SECTION A : INITIAL PROVISIONS

str. 1The Parties to this Agreement, consistent with Article XXIV of GATT 1994 and Article V of GATS, hereby establish a free trade area in accordance with the provisions of this Agreement.

ARTICLE1.2: RIGHTS AND OBLIGATIONS UNDER OTHER AGREEMENTS

str. 11. The Parties reaffirm their existing rights and obligations with respect to each other under the WTO Agreement and other existing Agreements to which both Parties are party. 2. Unless otherwise provided for in any Chapter of this Agreement, this Agreement shall not be construed to derogate from any international legal obligation between the Parties that entitles goods or services, or suppliers of goods or services, to treatment more favorable than that accorded by this Agreement.

str. 2SECTION B :GENERAL DEFINITIONS

ARTICLE 1.3: DEFINITIONS OF GENERAL APPLICATION

customs authority means the competent authority that is responsible under the law of a Party for the administration of customs laws and regulations

ARTICLE 1.4 : COUNTRY SPECIFIC DEFINITIONS

str. 3For purposes of this Agreement, unless otherwise specified: natural person who

has the nationality of a Party means:

str. 3- (a) with respect to Peru, Peruvians by birth, naturalization or by option as stated in articles 52 and 53 of its Constitution; and
- (b) with respect to Singapore, any person who is a citizen within the meaning of its Constitution and domestic laws; territory means:
- (a) with respect to Peru, the continental territory, the islands, the maritime area and the airspace above them, in which Peru exercises sovereignty and jurisdiction or sovereign rights in accordance with its domestic law and international law;
- (b) with respect to Singapore, its land territory, internal waters and territorial sea as well as the maritime zones beyond the territorial sea, including the seabed and subsoil, over which the Republic of Singapore exercises sovereign rights or jurisdiction under its national laws and international law for the purpose of exploration and exploitation of the natural resources of such areas. CHAPTER 2 : TRADE IN GOODS



Except as otherwise provided, this Chapter applies to the trade in goods between the Parties.

ARTICLE 2.2 : DEFINITIONS

str. 4TO Agreement;
2. advertising films and recordings means recorded visual media or audio materials, consisting essentially of images and/or sound, designed to advertise or promote goods or services by any company, firm or person, having an established business or resident in the territory of a Party, excluding such media for broadcast to the general public;
3. commercial samples of negligible value means commercial samples having a value, individually or in the aggregate as shipped, of not more than one U.S. dollar, or the equivalent amount in the currency of another Party, or so marked, torn, perforated, or otherwise treated that they are unsuitable for sale or for use except as commercial samples;
4. consular transactions: means requirements that goods of a Party intended for export to the territory of another Party must first be submitted to the supervision of the consul of the importing Party in the territory of the exporting Party for the purpose of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, shippers' export declarations, or any other customs documentation required on or in connection with importation;
5. customs duties includes any customs or import duty and a charge of any kind imposed in connection with the import of a good, including any form of surtax or surcharge in connection with such import, but does not include any:
6. (a) charge equivalent to an internal tax imposed consistently with Article III (2) of GATT 1994, including excise duties and goods and services tax or sales tax;
7. (b) anti dumping or countervailing duty applied consistently with the provisions of GATT 1994, the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, and the WTO Agreement on Subsidies and Countervailing Measures; and
8.

str. 6printed advertising materials: means those goods classified in Chapter 49 of the Harmonized System, including brochures, pamphlets, leaflets, trade catalogues, yearbooks of trade associations, tourist promotional materials, and posters, that are used to promote, publicize, or advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge; and 11. SCM Agreement refers to the Agreement on Subsidies and Countervailing Measures, which is part of the WTO Agreement.

ARTICLE 2.3 : NATIONAL TREATMENT

str. 61. Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994. 2. To this end, Article III of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

ARTICLE 2.4 : ELIMINATION OF CUSTOMS DUTIES

str. 61. The provisions of this Chapter concerning the elimination of customs duties on imports shall apply to goods originating in the territories of the Parties. 2. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating goods in accordance with Annex 2A (Peru Tariff Schedule) and Annex 2B (Singapore Tariff Schedule). 3. Peru shall maintain the application of its Price Band System as established in Supreme Decrees 115 2001 EF and 197 2002 EF and its subsequent legal modifications or succeeding system, for the products covered by that Decrees. 4. During the customs duties elimination process, the Parties agree to apply to originating goods traded between them, the lesser of the customs duties resulting from a comparison between the rate established in accordance with Annex 2A (Peru Tariff Schedule) and Annex 2B

(Singapore Tariff Schedule) and the existing rate pursuant to Article II of the GATT 1994. 5. Each Party shall not increase an existing customs duty, introduce a new customs duty or impose an additional customs duty to that determined under paragraph 2, on the importation of originating goods. 6. Each Party shall refrain from applying any measure that reduces or nullifies the commitment of this Chapter.

str. 77. The tariff classification of trade in goods between the Parties shall be governed by national nomenclature of each Party, which will be consistent with the Harmonized System and its amendments. 8. The Tariff Elimination Program shall not be applicable to used goods. 9. Remanufactured goods identified in Annex 4B (Remanufactured Goods) will not be affected by paragraph 8.

ARTICLE 2.5 : ACCELERATED TARIFF ELIMINATION

str. 71. On the request of a Party, the Parties shall consult to consider accelerating the elimination of customs duties on originating goods as set out in Annex 2A (Peru Tariff Schedule) and Annex 2B (Singapore Tariff Schedule) or incorporating into the Party's schedule, goods that are not subject to the elimination schedule. 2. An agreement by the Parties to accelerate the elimination of customs duties on originating goods shall enter into force after the Parties have exchanged written notification advising that they have completed necessary internal legal procedures and on such date or dates as may be agreed between them. 3. A Party may at any time accelerate unilaterally the elimination of customs duties on originating goods of the other Party set out in its Schedule in Annex 2A (Peru Tariff Schedule) and Annex 2B (Singapore Tariff Schedule). A Party considering doing so shall inform the other Party as early as practicable.

ARTICLE 2.6 : EXPORT DUTIES

str. 7A Party shall not adopt or maintain any duty, tax or other charge on the exportation of goods to the territory of the other Party, unless such duty, tax or charge is adopted or maintained on any such good when destined for domestic consumption.

ARTICLE 2.7 : CUSTOMS VALUATION

str. 7The Parties shall determine the customs value of goods traded between them in accordance with the provisions of Article VII of the GATT 1994 and the WTO Agreement on Implementation of Article VII of the GATT 1994.

ARTICLE 2.8 : ADMINISTRATIVE FEES AND FORMALITIES

str. 8Each Party shall ensure, in accordance with Article VIII (1) of GATT 1994, that all fees and charges of whatever character (other than customs duties, charges equivalent to an internal tax or other internal charge applied consistently with Article III (2) of GATT 1994, and antidumping and countervailing duties) imposed on or in connection with import or export are limited in amount to the approximate cost of services rendered and do not represent an indirect protection to domestic goods or a taxation on imports or exports for fiscal purposes.

ARTICLE 2.9 : CONSULAR FEES

str. 81. No Party may require consular transactions, including related fees and charges, in connection with the importation of any good of another Party. 2. Each Party shall make available and maintain through the Internet a current list of the fees and charges it imposes in connection with importation or exportation.

ARTICLE 2.10 : TEMPORARY ADMISSION OF GOODS

str. 81. With the exception of liquor and tobacco products, each Party shall grant duty free temporary admission for the following goods, regardless of their origin, imported by or for the use of a national or resident of the other Party:
2. (a) professional equipment, including equipment for the press or television, software, and broadcasting and cinematographic equipment, necessary for carrying out the business activity, trade, or profession of a person who qualifies for temporary entry pursuant to the laws of the importing Party;
3. (b) goods intended for display or demonstration;
4. (c) commercial samples and advertising films and recordings; and
5. (d) goods admitted for sports purposes. 2. Each Party, at the request of the person concerned and for reasons its customs authority considers valid, shall extend the time limit for temporary admission beyond the period initially fixed. 3. No Party shall condition the duty free temporary admission of a good referred to in paragraph 1, other than to require that such good:
8.

str. 9(a) be used solely by or under the personal supervision of a national or resident of the other Party in the exercise of the business activity, trade, profession, or sport of that person; 9. (b) not be sold or leased or consumed while in its territory;
10. (c) be accompanied by a security in an amount no greater than the charges that would otherwise be owed on entry or final importation, releasable upon exportation of the good;
11. (d) be capable of identification when admitted and exported;
12. (e) be exported on the departure of the person referenced in subparagraph (a), or within such other period that is reasonably related to the purpose of the temporary admission, as the Party may establish, or within one year, unless extended;
13. (f) be admitted in no greater quantity than is reasonable for its intended use; and
14. (g) be otherwise admissible into the Party's territory under its law. 4. If any condition that a Party imposes under paragraph 3 has not been fulfilled, the Party may apply the customs duty and any other charge that would normally be owed on the final importation of the good plus any other charges or penalties provided for under its law. 5. Each Party, through its customs authority, shall adopt procedures providing for the expeditious release of goods admitted under this Article. To the extent possible, such procedures shall provide that when such a good accompanies a national or resident of the other Party who is seeking temporary entry, the good shall be released simultaneously with the entry of that national or resident. 6. Each Party shall permit a good temporarily admitted under this Article to be exported through a customs port other than that through which it was admitted. 7. Each Party shall provide that its customs authority or other competent authority relieve the importer or other person responsible for a good admitted under this Article from any liability for failure to export the good on presentation of satisfactory proof to the importing Party's customs authority that the good has been destroyed within the original period fixed for temporary admission or any lawful extension.

ARTICLE 2.11 : GOODS RE ENTERED AFTER REPAIR OR ALTERATION

str. 91. No Party shall apply a customs duty to a good, regardless of its origin, that re enters its territory after that good has been temporarily exported from its territory to the territory of

the other Party for repair or alteration, regardless of whether such repair or alteration could be performed in the territory of the Party from which the good was exported for repair or alteration.

str. 102. A Party shall not apply a customs duty to a good regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration. 3. For purposes of this Article, repair or alteration does not include an operation or process that:
3. (a) destroys a good's essential characteristics or creates a new or commercially different good; or
4. (b) transforms an unfinished good into a finished good.

ARTICLE 2.12 : DUTY FREE ENTRY OF COMMERCIAL SAMPLES OF NEGLIGIBLE VALUE AND PRINTED ADVERTISING MATERIALS

str. 10With the exception of liquor and tobacco products, each Party shall grant duty free entry to commercial samples of negligible value, and to printed advertising materials, imported from the territory of another Party, regardless of their origin, but may require that:

- (a) such samples be imported solely for the solicitation of orders for goods or services provided from the territory of another Party or a non Party; or
- (b) such advertising materials be imported in packets that each contain no more than one copy of each such material and that neither such materials nor packets form part of a larger consignment.

ARTICLE 2.13 : NON TARIFF MEASURES

str. 101. Except as otherwise provided in this Agreement, no Party shall maintain or adopt non tariff measures that prohibit or restrict the importation of any good of the other Party or on the export or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 including its interpretative notes, and to this end Article XI of GATT 1994, including its interpretative notes, is incorporated into and made a part of this

Agreement [1] 1

. 2. Each Party shall ensure the transparency of its non tariff measures permitted in paragraph 1 and shall ensure that any such measures are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to trade between the Parties. 3. The Parties understand that the GATT 1994 rights and obligations incorporated in paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining:
3. (a) export and import price requirements, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings;
4. (b) import licensing conditioned on the fulfilment of a performance requirement; or
5. (c) voluntary export restraints inconsistent with Article VI of the GATT 1994, as implemented under Article 18 of the SCM Agreement and Article 8.1 of the AD Agreement. 4. Paragraphs 1 to 3 of this Article shall not be applied to measures established in Annex 2C (Restrictions on Import and Export). 5. No Party shall require, as a condition for engaging in importation or for the import of a good, a person of another Party to establish or maintain a contractual or other relationship with a distributor in its territory. 6. Nothing in paragraph 5 prevents a Party from requiring the designation of an agent for the purpose of facilitating communications between regulatory authorities of the Party and a person of the other Party. 7. For purpose of paragraph 5: distributor means a person of a Party who is responsible for the distribution, agency, concession, or representation in the territory of that Party of goods of the other Party.

ARTICLE 2. 14 : ANTIDUMPING DUTIES

str. 11Nothing in this agreement affects the rights and obligations of the Parties under Article VI of GATT 1994, the Agreement on Implementation of Article VI of the General Agreement of Tariffs and Trade 1994 with regard to the application of antidumping duties or any amendments or provisions that supplement or replace them.

ARTICLE 2.15 : SUBSIDIES AND COUNTERVAILING MEASURES 1. Each Party maintains its rights and obligations under the WTO Agreement on Subsidies and Countervailing Measures.

str. 122. Consistent with their rights and obligations under the WTO Agreement, neither Party shall introduce or maintain any export subsidy on any agricultural product destined for the territory of the other Party. 3. The Parties share the objective of the multilateral elimination of export subsidies on agricultural products and shall work towards an agreement in the WTO to eliminate those subsidies and prevent the introduction in any form of any new export subsidies on agricultural products.

ARTICLE 2.16 : RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS

str. 121. The Parties shall endeavour to avoid the imposition of restrictive measures for balance of payments purposes. 2. Any such measure taken for trade in goods must be in accordance with Article XII of the GATT 1994 and the Understanding on the Balance of Payments Provisions of the GATT 1994, which shall be incorporated into and made a part of this Agreement.

ARTICLE 2.17 : PROTECTION OF GEOGRAPHICAL INDICATIONS

str. 121. The Parties affirm that their obligations in the Agreement on Trade Related Aspects of Intellectual Property Rights ('TRIPS Agreement') will be applicable to the geographical indications under paragraphs 2 and 3 below. 2. The geographical indications 'Pisco', 'Maíz Blanco Gigante Cusco' and
3. 'Chulucanas' are recognized as geographical indications for spirits and products, respectively, in Peru, within the meaning of paragraph 1 of Article 22 of the TRIPS [2] [3] , in a manner that is consistent with

Agreement. Subject to Singapore's domestic laws the TRIPS Agreement, such terms will be protected as geographical indications in Singapore. 3. The Parties may by mutual consent accord similar recognition and protection as under paragraph 2 above to other geographical indications of the Parties.

ARTICLE 2.18 : DISTINCTIVE PRODUCTS

str. 13The Parties shall endeavour to consider the recognition of distinctive products 2 3 after one year following the entry into force of this Agreement.

ANNEX 2A:PERU TARIFF SCHEDULE

GENERAL NOTES

str. 131. Customs duties on originating goods provided for in the items in staging category A shall be eliminated entirely and such goods will be duty free on the date this Agreement enters into force. 2. Customs duties on goods provided for in the items in staging category B shall be eliminated from base rates in five equal annual stages beginning on the date this Agreement enters into force, and such goods shall be duty free, effective January 1 of year five. 3. Customs duties on goods provided for in the items in staging category C shall be eliminated from base rates in ten equal annual stages beginning on the date this Agreement enters into force, and such goods shall be duty free, effective January 1 of year ten. 4. Customs duties on goods provided for in the items in staging category D shall be eliminated from base rates in twelve equal annual stages beginning on the date this Agreement enters into force, and such goods shall be duty free, effective January 1 of year twelve. 5. Customs duties on goods provided for in the items in staging category E shall be eliminated from base rates in fifteen equal annual stages beginning on the date this Agreement enters into force, and such goods shall be duty free, effective January 1 of year fifteen. 6. Customs duties on goods provided for in the items in staging category F1 shall remain at base rates during the years one through four. Beginning on January 1 of year five, custom duties shall be eliminated from base rates in thirteen equal annual stages, and such goods shall be duty free, effective January 1 of year seventeen. 7. Customs duties on goods provided for in the items in staging category F2 shall remain at base rates during the years one through eight. Beginning on January 1 of year nine, custom duties shall be eliminated from base rates in nine equal annual stages, and such goods shall be duty free, effective January 1 of year seventeen. 8. Customs duties on goods provided for in the items in staging category F3 shall remain at base rates during the years one through ten. Beginning on January 1 of year eleven, custom duties shall be eliminated from base rates in seven equal annual stages, and such goods shall be duty free, effective January 1 of year seventeen. 9. For the purposes of this Agreement, the base rate of customs duty and staging category for determining the rate of customs duty at each stage of reduction for an item shall be the most favoured nation customs duty rate applied on 1 June 2006. 10. For the purpose of the elimination of customs duties in accordance with this Annex, interim staged rates shall be rounded down, at least to the nearest tenth of a percentage point or, if the rate of duty is expressed in monetary units, at least to the nearest 0.001 of the official monetary unit of the Party. 11. For the purpose of classifying goods and products traded between the Parties under the Agreement, the Harmonized System shall be used.

ANNEX 2B:SINGAPORE TARIFF SCHEDULE

GENERAL NOTES

str. 141. Customs duties on originating goods provided for in the items in staging category A shall be eliminated entirely and such goods will be duty free on the date this Agreement enters into force. 2. Customs duties on goods provided for in the items in staging category B shall be eliminated from base rates in five equal annual stages beginning on the date this Agreement enters into force, and such goods shall be duty free, effective January 1 of year five. 3. Customs duties on goods provided for in the items in staging category C shall be eliminated from base rates in ten equal annual stages beginning on the date this Agreement enters into force, and such goods shall be duty free, effective January 1 of year ten. 4. Customs duties on goods provided for in the items in staging category D shall be eliminated from base rates in twelve equal annual stages beginning on the date this Agreement enters into force, and such goods shall be duty free, effective January 1 of year twelve. 5. Customs duties on goods provided for in the items in staging category E shall be eliminated from base rates in fifteen equal annual stages beginning on the date this Agreement enters into force, and such goods shall be duty free, effective January 1 of year fifteen. 6. Customs duties on goods provided for in the items in staging category F1 shall remain at base rates during the years one through four.

str. 15Beginning on January 1 of year five, custom duties shall be eliminated from base rates in thirteen equal annual stages, and such goods shall be duty free, effective January 1 of year seventeen. 7. Customs duties on goods provided for in the items in staging category F2 shall remain at base rates during the years one through eight. Beginning on January 1 of year nine, custom duties shall be eliminated from base rates in nine equal annual stages, and such goods shall be duty free, effective January 1 of year seventeen. 8. Customs duties on goods provided for in the items in staging category F3 shall remain at base rates during the years one through ten. Beginning on January 1 of year eleven, custom duties shall be eliminated from base rates in seven equal annual stages, and such goods shall be duty free, effective January 1 of year seventeen. 9. For the purposes of this Agreement, the base rate of customs duty and staging category for determining the rate of customs duty at each stage of reduction for an item shall be the most favoured nation customs duty rate applied on 1 June 2006. 10. For the purpose of the elimination of customs duties in accordance with this Annex, interim staged rates shall be rounded down, at least to the nearest tenth of a percentage point or, if the rate of duty is expressed in monetary units, at least to the nearest 0.001 of the official monetary unit of the Party. 11. For the purpose of classifying goods and products traded between the Parties under the Agreement, the Harmonized System shall be used.

ANNEX 2C:RESTRICTIONS ON IMPORTS AND EXPORTS

CHAPTER 3 : SPECIAL AGRICULTURAL MEASURE

ARTICLE 3.1 : SCOPE OF APPLICATION

str. 16A Party may apply, in exceptional circumstances and subject to the criteria provided in Annex 3A (Criteria for the Application of Special Agricultural Measure), additional duty (hereinafter referred to as 'a special agricultural measure') to a product listed in Annex 3B (List of Products Subject to Special Agricultural Measure) for which the Party has commenced custom duties elimination in accordance with Article 2.4 (Elimination of Customs Duties) of this Agreement.

ARTICLE 3.2 : CONDITIONS

str. 161. The special agricultural measure applied in accordance with this Chapter shall result in the increase of the tariff rate, but shall not exceed the base tariff rate provided in Annex 2A (Peru Tariff Schedule) or Annex 2B (Singapore Tariff Schedule), as relevant for the good. 2. The special agricultural measure may be applied by a Party as long this Agreement is in force. 3. The special agricultural measure referred to in paragraph 1 shall be applied in accordance with this Chapter and based on the criteria established in Annex 3A (Criteria for the Application of Special Agricultural Measure).

ARTICLE 3.3 : APPLICATION OF SPECIAL AGRICULTURAL MEASURE

Per Volume Criteria

str. 161. A Party may impose a special agricultural measure on an agricultural good, in accordance with the per volume criteria under Annex 3A (Criteria for the Application of Special Agricultural Measure), if the volume of such imported good including the volume of the corresponding shipment during the last twelve (12) calendar months exceeds fifteen per cent (15%) of the intervention volume of the mentioned good. 2. The intervention volume will be determined every year on the basis of the annual average of imports of a determined good originating in the exporting Party registered in the thirty six (36) calendar months prior to the effective year of the intervention volume. Each Party shall send a notice to the other of such volume during the first twenty (20) days of January, and such notice shall be effective for the period of a year.

Per Price Criteria

str. 163. A Party may impose a special agricultural measure on an agricultural good, in accordance with the per price criteria under Annex 3A (Criteria for the Application of Special Agricultural Measure), if, upon entry of the good into a customs territory, the unitary import price of the corresponding shipment of the good is no less than fifteen per cent (15%) below the intervention price of such good.

str. 174. For goods entering Peru, the unit import price [1] 1 will be determined in accordance with the CIF import price, expressed in US Dollars. 5. The intervention price of a good shall be determined every year on the basis of the average CIF import unit price expressed in US Dollars, corresponding to the last thirty six (36) calendar months prior to the effective year of the intervention price. Each Party shall send a notice to the other Party on these prices during the first twenty (20) days of January, such notice shall be effective for the period of year.

Disqualification

str. 176. A Party shall not apply a special agricultural measure if:
2. (a) there is no import registered by the Party during the period of twenty four (24) months prior to the last twelve (12) months; or
3. (b) the imports of such good from the exporting Party do not exceed fifteen per cent (15%) of the total imported by the importing Party of such good in the period of twenty four (24) months prior to the last twelve (12) months.

ARTICLE 3.4 : NOTICE AND CONSULTATIONS

str. 171. When a Party applies a special agricultural measure under this Chapter, the Party shall give notice of such measure to the other Party not more than ten (10) days after the date on which the measure was adopted. The notice shall provide the background information of the special agricultural measure. Upon request of the other Party to the Party applying the measure, the Parties shall establish consultations regarding the application of the special agricultural measure. 2. A Party may not impose or maintain, simultaneously, in regard to the same good, a special agricultural measure under this Chapter and:

- (a) a safeguard measure under Chapter 8 (Bilateral

Safeguards) of this Agreement; or

- (b) a safeguard measure under Article XIX of GATT 1994 and the WTO Agreement on Safeguards.

ANNEX 3A : CRITERIA FOR THE APPLICATION OF SPECIAL AGRICULTURAL MEASURE

BY PRICE

str. 18If the difference between the import unit price of a determined good expressed in CIF price in US Dollars and the intervention price is 15 percent (15%) or less than the intervention price, no additional duty is necessary. 2. If the difference between the import unit price of a determined good expressed in CIF price in US Dollars and the intervention price is greater than 15 percent (15%) but lower than 50 per cent (50%) of the intervention price; the additional duty shall be equal to the 50 percent (50%) of the difference between the base tariff rate and the preference tariff rate provided in Annex 2A (Peru Tariff Schedule) or Annex 2B (Singapore Tariff Schedule), as relevant for the good. 3. If the difference between the import unit price of a determined good expressed in CIF price in US Dollars and the intervention price is greater than 50 percent (50%) of the intervention price, the additional duty shall be equal to the difference between the base tariff rate and the preference tariff rate provided in Annex 2A (Peru Tariff Schedule) or Annex 2B (Singapore Tariff Schedule), as relevant for the good.

BY VOLUME

str. 181. If the import unit volume of a determined good expressed in metric tons (MT) is 15 percent (15%) or less than the intervention volume, no additional duty is necessary. 2. If the import unit volume of a determined good expressed in MT is greater than 15 percent (15%) but lower than 50 percent (50%) of the intervention volume, the additional duty shall be equal to the 50 percent (50%) of the difference between the base tariff rate and the preference tariff rate provided in Annex 2A (Peru Tariff Schedule) or Annex 2B (Singapore Tariff Schedule), as relevant for the good. 3. If the import unit volume of a determined good expressed in MT is greater than the 50 percent (50%) of the intervention volume, the additional duty shall be equal to the difference between the base tariff rate and the preference tariff rate provided in Annex 2A (Peru Tariff Schedule) or Annex 2B (Singapore Tariff Schedule), as relevant for the good. CHAPTER 4 : RULES OF ORIGIN



For the purposes of this Chapter:

1.

ARTICLE 4.2 : ORIGINATING GOODS

str. 211. Except as otherwise provided in this Chapter, for the purposes of this Agreement, a good shall be deemed originating and eligible for preferential treatment if it conforms to the origin requirement under any of the following conditions:
2. (a) the good is wholly obtained or produced entirely in the territory of one or both Parties; or
3. (b) the good is produced entirely in the territory of one or both parties, exclusively from materials whose origin conforms to the provisions of this Chapter; or
4. (c) the good is produced entirely in the territory of one or both Parties, using non originating materials that conform to a change in tariff classification, a qualifying value content, or other requirements specified in Annex 4A (Product Specific Rules). 2. In addition to a paragraph 1, the good shall meet the other applicable requirement under this Chapter.

ARTICLE 4.3 : MINIMAL OPERATIONS

str. 211. Notwithstanding any provision in this Chapter, a good shall not be considered to have satisfied the requirements for an originating good under merely by reason of going through any or all of the following operations:
2.

str. 22(a) operations to ensure the conservation or preservation of goods in good condition during transport and storage, such as ventilation, cooling, freezing, extraction of damaged parts, drying or addition of substances; (b) sifting, peeling, classifying, selecting, washing, filtering, cutting, shelling, marinating drying; (c) cleaning, including the removal of dust, oxide, oil, paint or other coverings; (d) packaging, re packaging, breaking up and putting the good for retail sale; (e) affixing of marks, labels, trade marks or other distinguishing signs on goods; (f) simple mixing, dilution in water or in another watery substance, ionized or saline; (g) application of oil, salt, sugar or any sweetener; (h) disassembly of goods into their constituent parts; (i) slaughtering of animals; (j) operations of painting and polishing; (k) placing in bottles, cases, boxes and other packaging operations; (l) simple assembly of parts or products to constitute a complete product unless it is for the production of a remanufactured good as listed in Annex 4B (Remanufactured Goods); or (m) the combination of two or more of the operations listed at sub paragraphs (a) to (l) above.

ARTICLE 4.4 : WHOLLY OBTAINED OR PRODUCED GOODS

str. 22Goods wholly obtained or produced entirely in the territory of one or both Parties means:

- (a) plants and plant products harvested or gathered in the

territory of one or both Parties;

- (b) live animals born and raised in the territory of one or both Party;

where

-

str. 23- (c) goods obtained in the territory of one or both Parties from live animals;
- (d) goods obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of one or both Parties;
- (e) minerals and other non living natural resources, not included in sub paragraphs (a) to (d), extracted or taken from the territory of one or both Parties;
- (f) goods obtained from sea fishing and other marine goods taken from outside the territory of a Party by a vessel registered, recorded or licensed with a Party, and entitled to fly its flag;
- (g) goods produced and/or made on board a factory ship from products referred to in sub paragraph (f), provided that such factory ship is registered, recorded or licensed with that Party, and entitled to fly its flag;
- (h) goods taken by a Party, or a person of a Party, from the seabed or beneath the seabed outside its territory, provided that the Party has rights to exploit such seabed;
- (i) waste and scrap derived from:
- (i) production in the territory of that Party, which is only fit for the recovery of raw materials; or
- (ii) used goods collected in the territory of that Party, provided such goods are fit only for the recovery of raw materials;
- (j) recovered goods derived in the territory of a Party from used goods and utilized in the territory of that Party in the production of remanufactured goods; and
- (k) goods produced in the territory of one or both Parties exclusively from goods referred to in sub paragraphs (a) to (j), or from their derivatives, at any stage of production.

ARTICLE 4.5 : QUALIFYING VALUE CONTENT

str. 24Where Annex 4A (Product Specific Rules) specifies a qualifying value content requirement, the following formula shall be applied:

<!-- formula-not-decoded -->

- (a) QVC is the qualifying value content of the good,

where expressed as a percentage; - (b) FOB is the Free On Board value of the particular good determined in accordance with the WTO Customs Valuation Agreement; and
- (c) VNM is the value of non originating materials used by the producer in the production of the good, calculated in accordance with paragraph 2. 2. For the purpose of calculating the value of non originating materials pursuant to sub paragraph (c) above, the following formula shall be applied:

<!-- formula-not-decoded -->

- (a) TVM is the total value of materials; and
- (b) QVM is the qualifying value of materials, which shall be calculated as:
- (i) the total value of the material if the material satisfies the product specific rule established in Annex 4A (Product Specific Rules), and the material has undergone its last production or operation in the territory of either Party; or
- (ii) the value of the material that can be attributed to one or both of the Parties if the material does not satisfy the product specific rule established in Annex 4A (Product Specific Rules). 3. All costs considered for the calculation of qualifying 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.

ARTICLE 4.6 : VALUE OF MATERIALS

str. 25For the purposes of Article 4.5 (Qualifying Value Content), the value of a material shall be:

- (a) for a material imported directly by the producer of the good, the CIF value of the material, in accordance with the WTO Customs Valuation Agreement;
- (b) for a material acquired by the producer in the territory where the good is produced, the transaction value, or if this is not known and cannot be ascertained, the first ascertainable price paid for the material in the Party; or
- (c) for a material that is self produced, or where the relationship between the producer of the good and the seller of the material influences the price actually paid or payable for the material, including a material obtained without charge, the sum of:
- (i) all 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 4.7 : DE MINIMIS

str. 251. Notwithstanding Article 4.2 (Originating Goods), a non textile or apparel good shall be considered to be an originating good, where the value of all non originating materials used in the production of the good, which do not undergo the applicable change in tariff classification set out in Annex 4A (Product Specific Rules), does not exceed ten percent (10%) of the F.O.B. value of the good. 2. Notwithstanding Article 4.2 (Originating Goods), a textile or apparel 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 4A (Product Specific Rules), 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 seven percent (7%) of the total weight of that component.

ARTICLE 4.8 : ACCUMULATION

str. 251. Originating materials from the territory of a Party, used in the production of a good in the territory of the other Party, shall be considered to originate in the territory of the other Party. 2. 2 A good is an originating good where it is produced in the territory of one or both Parties by one or more producers, provided that the good satisfies the requirements in Article 4.2 (Originating Goods).

ARTICLE 4.9 : ACCESSORIES, SPARE PARTS AND TOOLS

str. 25Each Party shall provide that accessories, spare parts, or tools delivered with a good that form part of the good's standard accessories, spare parts, or tools 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;
-

str. 26- (b) the quantities and value of the accessories, spare parts, or tools are customary for the good; and
- (c) if the good is subject to a qualifying value content requirement, the value of the accessories, spare parts, or tools shall be taken into account as originating or non originating materials, as the case may be, in calculating the qualifying value content of the good.

ARTICLE 4.10 : SETS AND ASSORTMENTS OF GOODS

str. 261. Each Party shall provide that if goods are classified as a set pursuant to rule 3 of the General Rules of Interpretation of the Harmonized System, the set is originating only if:
2. (a) each good in the set is originating; and
3. (b) both the set and the goods satisfy all other applicable requirements in this Chapter. 2. Notwithstanding paragraph 1, a set of goods is originating if the value of all the non originating goods in the set does not exceed fifteen per cent (15%) of the adjusted value of the set.

ARTICLE 4.11 : PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE

str. 261. Each Party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with the good, 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 set out in Annex 4A (Product Specific Rules). 2. If the good is subject to a qualifying value content requirement under Annex 4A (Product Specific Rules), the value of such packaging materials and containers shall be taken into account as originating or non originating materials, as the case may be, in calculating the qualifying value content of the good. 3. Such packaging materials and containers shall be disregarded in determining whether a good meets the requirements established in paragraphs 1(a) and (b) of Article 4.2 (Originating Goods).

ARTICLE 4.12 : PACKING MATERIALS AND CONTAINERS FOR SHIPMENT

str. 27Packing materials and containers for shipment shall be disregarded in determining whether a good is originating.

ARTICLE 4.13 : FUNGIBLE GOODS AND MATERIALS

str. 271. Each Party shall provide that the determination of whether fungible goods or materials are originating goods shall be made either by physical segregation of each good or material or through the use of any inventory management method, such as averaging, last in, first out, or first in, first out, 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, as set forth in domestic laws in force in each Party. 2. Each Party shall provide that an inventory management method selected under paragraph 1 for particular fungible goods or materials shall continue to be used for those fungible goods or materials throughout the fiscal year of the person that selected the inventory management method.

ARTICLE 4.14 : INDIRECT MATERIALS USED IN PRODUCTION

str. 27Each Party shall provide that an indirect material shall be treated as originating without regard to where it is produced, and its value shall be the cost registered in the accounting records of the producer of the good.

ARTICLE 4.15 : TRANSIT THROUGH NON PARTIES

str. 271. Preferential tariff treatment provided for in this Agreement shall be applied to goods that satisfy the requirements of this Chapter and which are directly transported among the Parties. 2. Notwithstanding paragraph 1, goods shall be authorized to transit through non Party countries, with or without transshipment or temporary storage, and shall be eligible for preferential treatment in accordance with this Agreement, provided that such goods:
3. (a) did not undergo operations other than unloading, reloading, or any other operation necessary to preserve them in good condition; and
4.

str. 285. (b) did not enter the commerce of such non Parties after the shipment from the Party and before the importation into another Party. 3. Compliance with the provisions set out in paragraph 2 shall be proved by means of supplying to the customs authorities of the importing

Party:

- (a) in the case of transit or transshipment without temporary storage, the commercial shipping or freight documents. - (b) in the case of temporary storage, either customs documents of the third country or documents of the competent authorities or authorized operators.

ARTICLE 4.16 : CONSULTATIONS AND MODIFICATIONS

str. 281. A Party that considers that a specific rule of origin set out in Annex 4A (Product Specific Rules) requires modification to take into account developments in production processes, lack of supply of originating materials, or other relevant factors may submit a proposed modification along with supporting rationale and any studies to the Commission for consideration. 2. Upon receipt of a submission by a Party under paragraph 1, the

Commission may refer the matter to an ad hoc working group within thirty (30) days or on such other date as the Commission may decide. The working group shall meet to consider the proposed modification within ninety (90) days of the date of referral or on such other date as the Commission may decide. 3. Unless the Commission agrees otherwise, the working group shall, within such period, provide a report to the Commission, setting out its conclusions and recommendations, if any, on the proposed modification. 4. On receipt of the report, the Commission may take any action as it deems appropriate. 5. The Parties shall make their best efforts to conclude the modification process within one hundred and eighty (180) days of the date of submission of the proposal.

CHAPTER

str. 295: CUSTOMS

SECTION A: CUSTOMS PROCEDURES

ARTICLE 5.1: PUBLICATION

str. 291. Each Party shall publish, including on the Internet, its customs laws, regulations, and general administrative procedures. 2. Each Party shall designate one or more enquiry points to address enquiries from interested persons concerning customs matters, and shall make available on the Internet or in print form information concerning procedures for making such enquires.

ARTICLE 5.2: RELEASE OF GOODS

str. 29Each Party shall adopt or maintain procedures allowing, to the greatest extent possible, goods to be released:

- (a) within 48 hours of arrival; and
- (b) at the point of arrival, without temporary transfer to warehouses or other locations.

ARTICLE 5.3: AUTOMATION

str. 291. The customs administrations shall each endeavour to provide an electronic environment that supports business transactions between it and its trading communities. 2. In implementing initiatives that provide for paperless trading, the customs administrations of the Parties should take into consideration the methods developed in APEC and the World Customs Organization.

ARTICLE 5.4: RISK MANAGEMENT

str. 291. The Parties shall adopt risk management approach to customs activities based on the risks of goods it has identified, in order to facilitate the swift clearance of low risk consignments and focusing its inspection activities on high risk goods. 2. The Parties shall exchange information on risk management techniques in the performance of their customs procedures.

ARTICLE 5.5: COOPERATION

str. 291. To the extent permitted by their domestic law, the customs administrations of the Parties may, as they deem fit, assist each other, in relation to originating goods, by providing information on:
2.

str. 30(a) the implementation and operation of this Chapter; 3. (b) investigation and prevention of prima facie customs offences;
4. (c) developing and implementing customs best practice and risk management techniques;
5. (d) simplifying and expediting customs procedures; and
6. (e) advancing technical skills and the use of technology. 2. Where a Party providing information to another Party in accordance with this Chapter designates the information as confidential, the other Party shall maintain the confidentiality and use that information for the purposes of the request without disclosing the source of the information.

ARTICLE 5.6: CONFIDENTIALITY

str. 301. Nothing in this Chapter shall be construed to require any Party to furnish or allow access to confidential information pursuant to this Chapter that would:
2. (a) be contrary to the public interest as determined by its legislation;
3. (b) be contrary to any of its legislation including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions;
4. (c) impede law enforcement; or
5. (d) prejudice the competitive position of the person or Party providing the information. 2. Confidentiality must be maintained on all commercial information obtained in the course of a verification process on the determination of origin. 3. Any confidential information obtained in the course of a verification process on the determination of origin must only be used by the authorities responsible for the administration and application of the determination of origin.

ARTICLE 5.7: EXPRESS CONSIGNMENTS 5 1

str. 30Each Party shall ensure efficient clearance of all shipments, while maintaining appropriate control and customs selection. In the event that a Party's existing system does not ensure efficient clearance, it should adopt procedures to expedite express consignments to:

str. 31- (a) provide for pre arrival processing of information related to express consignments;
- (b) permit the submission of a single document covering all goods contained in a shipment transported by the express shipment company through electronic means if possible; and
- (c) minimize, to the extent possible, the documentation required for the release of express consignments.

ARTICLE 5.8 : REVIEW AND APPEAL

str. 311. Each Party shall ensure that the importers in its territory have access to:
2. (a) administrative review independent of the official or office that issued the decision or administrative act subject to review 5 2 ; and
3. (b) judicial review of the decision or administrative act taken at the final level of administrative review, in accordance with the Party's domestic law. 2. Notice of the decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing.

ARTICLE 5.9: PENALTIES

str. 31Each Party shall adopt or maintain measures that provide for the imposition of civil, criminal or administrative penalties consistent with 5 1 Article 5.7 (Express Consignments) shall enter into force two (2) years after the date of entry into force of this Agreement. 5 2 For Singapore, this level of administrative review may include the Ministry supervising the customs authority. the provisions of this Chapter and Chapter 4 (Rules of Origin) on origin determination and claiming of preferential treatment, whether solely or in combination, for violations of its customs laws.

ARTICLE 5.10: ADVANCE RULINGS [1] 3

str. 311. Each Party, through its customs administration or the relevant governmental authority, on the application of a person described in subparagraph 2(a), shall provide in

writing advance rulings in respect of the tariff classification and origin of goods and whether a good qualifies for entry free of customs duty. 2. Each Party shall adopt or maintain procedures for advance rulings, which shall:
2. (a) provide that an importer in its territory or an exporter or producer in the territory of another Party may apply for an advance ruling before the importation of goods in question;
3.

str. 32(b) require that an applicant for an advance ruling provide a detailed description of the goods and all relevant information needed to issue an advance ruling;
4. (c) provide that its customs administration or the relevant governmental authority may, within a specified period, request for the additional information required in order to have all the relevant information needed;
5. (d) provide that any advance ruling be based on the facts and circumstances presented by the applicant, and any other relevant information in the possession of the decision maker; and
6. (e) provide that an advance ruling be issued to the applicant expeditiously, or in any case within one hundred and twenty (120) days of the receipt of all necessary information. 3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within a specified time. 4. Each Party shall provide that advance rulings shall be in force from their date of issuance, or another date specified in the ruling, provided that the facts or circumstances on which the ruling is based remain unchanged. 5. A Party may modify or revoke an advance ruling upon a decision or administrative act that the ruling was based on an error of fact or law, the information provided is false or inaccurate, if there is a change in domestic law consistent with this Agreement, or there is a change in a material fact, or circumstances on which the ruling is based. 6. Where an importer claims that the treatment accorded to an imported good should be governed by an advanced ruling, the customs administration or the relevant governmental authority may evaluate whether the facts and circumstances of the importation are consistent with the facts and circumstances upon which an advanced ruling was based. 7. If a requester provides false information or omits relevant facts or circumstances relating to the advance ruling, or does not act in accordance with the ruling's terms and conditions, the importing Party may apply the appropriate measures as provided in Article 5.9 (Penalties).

ARTICLE 5.11: RESOLUTION OF DISPUTES ON CLASSIFICATION OF GOODS

str. 33For instances when the Parties cannot agree on the correct classification of a good, the Parties shall hold the appropriate consultations with the World Customs Organization (WCO) to determine the correct classification of the good. The advice given by the WCO on the classification of the good has to be accepted by the Parties.

ARTICLE 5.12: WORKING GROUP ON CUSTOMS PROCEDURES

str. 33The Parties hereby may establish a working group on customs administration and trade facilitation, which shall work under and report to the Committee. The initial focus of this working group should be related to the implementation of Chapter 5 (Customs), including other customs related initiatives which may be agreed between the Parties and any other priority the Committee designates.

SECTION B : CUSTOMS PROCEDURES RELATING TO ORIGIN

ARTICLE 5.13 : DEFINITIONS

str. 33For purposes of this Section:

1. competent government authority means the government authority in each Party that is responsible for the verification of Certification of Origin, which:
2. (a) in the case of Peru is the National Direction of Integration and International Trade Negotiations, of the Ministry of Foreign Trade and Tourism, or its successor; and
3. (b) in the case of Singapore is the Singapore Customs, or its successor;
2. day means calendar days, including weekends and holidays, but for the calculation of time periods, where the last day falls on a non working day, the last day will be extended to the next working day.

ARTICLE 5.14 : CLAIMS FOR PREFERENTIAL TREATMENT

str. 331. For the purpose of obtaining preferential tariff treatment in the other Party, a proof of origin in the form of a certification of origin together with the supplier's invoices and other supporting documents shall be furnished by the importer, claiming the preferential tariff treatment at the time of importation of the originating good(s). 2. The Certification of Origin shall be duly completed and signed by the exporter or producer of the goods in his territory. The Certification of Origin shall include the data elements specified in Annex 5A (Data Elements for the Certification of Origin). 3. If the exporter is not the producer of the goods referred to on the Certification of Origin, the exporter may complete and sign the Certification of Origin only on the basis of:
3. (a) his knowledge of whether the good qualifies as an originating good and his reasonable reliance on the producer's written representation that the good qualifies as an originating good; or
4. (b) a completed and signed certification for the good voluntarily provided to the exporter by the producer. 4. Paragraph 3 shall not be construed so as to require a producer to provide a Certification of Origin to an exporter. 5. The Parties shall, in accordance with their domestic legislation, provide that where an importer claims at the time of importation a good can meet the terms of this Chapter and would thereby have qualified for preferential tariff treatment but was unable to provide a declaration or a Certification of Origin or other such evidence to substantiate the tariff preference claimed for the good, the importer may, in accordance with domestic legislation or within one (1) year from date of importation, apply for a refund of any excess customs duties paid as a result of the goods not having been accorded preferential tariff treatment, on production of:
7. (a) a declaration or Certification of Origin that the good qualifies as an originating good; and
8. (b) such other evidence as the customs administration may require to satisfactorily evidence the tariff preference claimed. 6. The importing Party shall accept a Certification of Origin, as the case may be, for situations where the sales invoice is issued either by a company located in the exporting Party or in a non Party country, provided that the good(s) meet all the applicable requirements in this Chapter. Where the invoice is issued by a company in a non Party country, this should be stated in the Certification of Origin issued and the invoice should be produced and submitted to the customs at the importing country. 7. The Certification of Origin shall be effective for twelve (12) months from the date of issue. Each Certification shall apply to a single shipment of goods into the territory of a Party. 8.

str. 34When goods are temporarily stored under control of the customs authority of the importing Party, the validation period of a Certification of Origin shall be suspended for the duration of such storage period.

str. 359. Slight discrepancies between the wording and details stated on the Certification of Origin produced to the customs administrations of the Importing Party in clearance of goods shall not, of itself, cause any claim for preferential tariff treatment to be denied. 10. If the Certification of Origin is fraudulent, the importing Party may apply the appropriate measures as provided in Article 5.9 (Penalties). 11. Any Certification of Origin issued before the entry into force of this Agreement but presented for claiming preferential tariff treatment on or after the date of entry into force of this Agreement, is to be accepted as evidence as to the origin of the good(s) specified thereon.

ARTICLE 5.15 : WAIVER OF CERTIFICATION OF ORIGIN

str. 35Each Party shall provide that a Certification of Origin shall not be required for the importation of any good whose custom value does not exceed US $1,500 or its equivalent amount in the Party's currency; or such higher amount as may be established by a Party which is importing, provided that the importation does not form part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purpose of avoiding the certification requirements.

ARTICLE 5.16 : RECORD KEEPING REQUIREMENT

str. 351. Each Party shall provide that an exporter and a producer in its territory that completes and signs a Certification of Origin shall maintain in its territory, for four (4) years after the date on which the Certification of Origin was issued or signed, or for such longer period as the Party may specify, all records relating to the origin of a good for which preferential tariff treatment was claimed in the territory of the other Party, including records associated with:
2. (a) the purchase of, cost of, value of, shipping of, and payment for, the good that is exported from its territory;
3. (b) the sourcing of, the purchase of, cost of, value of, and payment for, all materials, including indirect materials, used in the production of the good that is exported from its territory; and
4.

str. 365. (c) the production of the good in the form in which the good is exported from its territory. 2. Each Party shall provide that an importer claiming preferential tariff treatment for a good imported into the Party's territory shall maintain in that territory, for four (4) years after the date of importation of the good or for such longer period as the Party may specify, such documentation, including a copy of the Certification of Origin, as the Party may require relating to the importation of the good. 3. The records to be maintained in accordance to paragraphs 1 and 2 may include electronic records and shall be maintained in accordance with the domestic laws and practices of each Party.

ARTICLE 5.17 : VERIFICATION OF ORIGIN

str. 361. For purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, the importing Party may conduct verification by means of:
2. (a) requests for information from the importer;
3. (b) written questionnaires or request for information to the exporter or producer of the good(s) in the territory of the other Party through the competent government authority of the exporting Party;
4. (c) request for assistance from the competent government authority of the exporting Party as provided for in paragraph 3 below;
5. (d) verification visits to the premises of an exporter or a producer in the territory of the other Party, to observe the facilities and the production processes of the good and to review the records referring to origin including accounting

files. 2. For the purpose of paragraph 1(a) and 1(b), the importer, exporter or producer:
2. (a) shall answer and return the request within a period of thirty (30) days from the date on which it was received. 3. (b) may have one opportunity, during the period established in subparagraph (a), to make a written request to competent government authority of the importing Party for an extension of the answering period, for a period not exceeding thirty (30) days. In the case where the importer, exporter, or producer does not return the written request for the information made by the competent government authority of the importing Party within the given period or its extension, the importing Party may deny the preferential tariff treatment.

str. 373. For the purpose of paragraph 1(c), the competent government authority of the importing Party:
2. (a) may request the competent government authority of the exporting Party to assist it in verifying:
3. (i) the authenticity of a certification of origin; and/or
4. (ii) the accuracy of any information contained in the certification of origin. 5. (b) shall provide the competent government authority of the other Party with:
6. (i) the reasons why such assistance is sought;
7. (ii) the certification of origin, or a copy thereof; and

(iii) any information and documents as may be necessary for the purpose of providing such assistance. 4. To the extent allowed by its domestic law and practices, the competent government authority of the exporting Party shall fully co operate in any action to verify eligibility. In the absence of such co operation, the importing Party shall determine the eligibility of the origin with the best information available at that moment. 5. For the purpose of paragraph 1(d), the competent government authority of the importing Party shall:
3. (a) deliver, prior to conducting a verification visit, a written notification of its intention to conduct the visit to the exporter or producer and to the competent government authority of the exporter Party; and
4. (b) obtain the written consent of the exporter or producer. 6. Pursuant to paragraph 5, the exporter or producer may within fifteen (15) days of receiving the notification, request to the competent government authority of the importing Party for a postponement of the proposed verification visit, for a period not exceeding sixty (60) days. This extension shall be notified to the competent authorities of the importing and exporting Parties. 7. A Party shall not deny preferential tariff treatment to a good solely because a verification visit was postponed pursuant to paragraph 6. 8. In the case, where an exporter or producer does not give its written consent to a proposed verification visit within thirty (30) days from the receipt of notification, the importing Party may deny preferential treatment to relevant good. 9. After concluding the actions related to paragraph 1(a), 1(b), 1(c) or 1(d), the competent government authority of the importing Party shall provide a written determination of whether the good is eligible for preferential tariff treatment based on the relevant law and findings of fact within fifteen (15) days of the determination on the outcome of the origin verification action taken. In respect of paragraph 1(a) or 1(b), the maximum time to be taken from the start of the verification to its conclusion should not exceed one hundred and twenty (120) days. In respect of paragraph 1(c) or 1(d), the maximum time to be taken from the start of the verification to its conclusion should not exceed one hundred and fifty (150) days. 10. When the customs administration has a doubt on the origin of the goods at the time of importation, the goods may be released by the customs administration of the importing Party on a security or upon payment of duties, pending the outcome of the origin verification, provided that they are not held to be subject to import prohibition or restriction and there is no suspicion of fraud. The relevant duties paid shall be refunded once the outcome of the origin verification confirmed that the good qualifies as an originating good. 11. A Party may deny preferential treatment to an importer on any subsequent import of a good when the competent authority had already determined that an identical good was not eligible for that treatment.

ARTICLE 5.18 : OBLIGATIONS RELATING TO IMPORTATIONS

str. 38- 1 Any good that meets all the applicable requirements in this Chapter and in Chapter 4 (Rules of Origin) is eligible for preferential tariff treatment. - 2 A Party may deny preferential tariff treatment under this Agreement to imported good(s) if the importer fails to comply with any requirement of this Chapter or Chapter 4(Rules of Origin). 3. Any penalty, if applicable, for making an invalid claim for preferential tariff treatment shall be subject to the domestic law of each Party that is dealing with the offence under its jurisdiction.

ARTICLE 5.19 : OBLIGATIONS RELATING TO EXPORTATIONS

str. 381. Each Party shall provide that an exporter or a producer in its territory shall submit a copy of the Certification of Origin to its competent government authority upon request. 2. A false Certification of Origin by an exporter or a producer in its territory, stating that a good to be exported to the territory of another Party is originating shall be subject to penalties that are sufficiently deterrent.

str. 393. When an exporter or a producer in its territory has provided a Certification of Origin and has reason to believe that such Certification contains or is based on incorrect information, the exporter or producer shall promptly notify in writing every person to whom the exporter or producer provided the Certification of any change that could affect the accuracy or validity of the Certification. Any penalty, if applicable, for providing an incorrect Certification of Origin for preferential tariff treatment shall be subject to the domestic law of each Party that is dealing with the offence under its jurisdiction.

ANNEX 5A:DATA ELEMENTS FOR CERTIFICATION OF ORIGIN

CHAPTER 6 : SANITARY AND PHYTOSANITARY MEASURES

ARTICLE 6.1 : OBJECTIVES

str. 40The objectives of this Chapter are:

- (a) to protect human, animal or plant life or health in the territory of each Party;
- (b) to facilitate bilateral trade and to provide a framework to address sanitary and phytosanitary matters that may affect directly or indirectly trade between Parties;
- (c) to strengthen cooperation between Singaporean and Peruvian government agencies having responsibility for matters covered by this Chapter and to deepen mutual understanding of each Party's regulations and procedures; and
- (d) where applicable, to strengthen collaboration between the Parties in relevant international organizations implementing agreements or developing international standards, guidelines and recommendations referred to matters covered by this Chapter.

ARTICLE 6.2 : DEFINITIONS

ARTICLE 6.3 : SCOPE

str. 401. This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties. This includes:
2. (a) all SPS standards related to goods traded between the Parties;
3. (b) assessments of manufacturers or manufacturing processes on goods exported from one Party to the other Party; and
4. (c) assessments of official control, inspection and approval systems related to SPS measures operated by the Parties. 2.

str. 41This Chapter does not apply to standards, technical regulations and conformity assessment procedures as defined in the WTO Agreement on Technical Barriers to Trade which are covered by Chapter 7 (Technical Barriers to Trade).

ARTICLE 6.4 : RIGHTS AND OBLIGATIONS

str. 41The Parties reaffirm and incorporate in this Chapter their existing rights and obligations with respect to each other under the SPS Agreement.

ARTICLE 6.5 : TRADE FACILITATION

str. 411. The Parties shall cooperate and jointly identify work in the field of sanitary and phytosanitary measures with a view to facilitating trade between the Parties. In particular, the Parties shall seek to identify initiatives that are appropriate for the particular issues or sectors. Such initiatives may include cooperation on regulatory issues, such as unilateral recognition of equivalence, harmonisation or other cooperative arrangements. 2. At the request of the other Party, each Party shall give favourable consideration to any sector specific proposal that the other Party makes for consideration under this Chapter.

ARTICLE 6.6 : HARMONIZATION

str. 41The Parties shall, where appropriate, endeavour to work towards harmonization of their respective sanitary and phytosanitary measures, in accordance with Article 3 of the SPS Agreement, taking into account relevant international standards, guidelines and recommendations.

ARTICLE 6.7 : EQUIVALENCE

str. 411. The Parties recognise that the principle of equivalence as set down in Article 4 of the SPS Agreement, as applied to SPS measures, has mutual benefits for both exporting and importing countries. 2. The Parties shall follow the procedures for determining the equivalence of SPS measures developed by the SPS Committee and the Codex Alimentarius Commission, the World Organization of Animal Health and the International Plant Protection Convention, as amended from time to time. 3.

str. 42The Parties shall give favourable consideration to accepting the equivalence of each other' s SPS measures, in order to ease the trade of the products subject to SPS measures and foster mutual confidence between the respective competent authorities. 4. Compliance by an exported product with a SPS standard that has been accepted as equivalent to a SPS standard of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party. 5. Whenever an agreement on recognition of the equivalence is in process of negotiation and no final approval is achieved, the Parties should neither stop nor apply sanitary and/or phytosanitary measures more restrictive than those in force in their mutual trade, except where sanitary or phytosanitary emergencies arise or threaten to arise for a Party.

ARTICLE 6.8 : RISK ASSESSMENT AND DETERMINATION OF THE APPROPRIATE LEVEL OF SANITARY OR PHYTOSANITARY PROTECTION

str. 421. SPS measures will be based on an assessment, in line with the circumstances of the risks existing for human, animal and plant life and health, taking into account the risk assessments guidelines developed by the relevant international organizations, so that the measures adopted may reach the appropriate level of protection. 2. When a Party decides to make a re evaluation of a risk assessment of a product for which there is a fluid and regular trade, said Party shall not interrupt the trade of the products affected except in the case of a sanitary or phytosanitary emergency situation.

ARTICLE 6.9 : RECOGNITION OF PEST OR DISEASE FREE AREAS AND AREAS OF LOW PEST OR DISEASE PREVALENCE

str. 421. The importing Party shall decide, in a time frame agreed by the Parties, on the request made by the exporting Party to recognize its condition of pest or disease free area or of low pest or disease prevalence, with the aim of facilitating bilateral trade. 2.

str. 43In case of international recognition of pest or disease free areas and areas of low pest or disease prevalence made by the relevant international organizations, the importing Party, on request and in an expeditious way, shall give favourable consideration to recognize those areas of the exporting Party as pest or disease free areas and areas of low pest or disease prevalence.

ARTICLE 6.10 : CONTROL, INSPECTION AND APPROVAL PROCEDURES

str. 431. The application of control, inspection and approval procedures shall be based on the risk associated with the goods imported and shall be performed in accordance with Annex C of the SPS Agreement and the international standards, guidelines and recommendations established by the relevant international organizations. 2. Parties shall not restrict access to its market through control, inspection and approval procedures, without due technical justification.

ARTICLE 6.11 : TRANSPARENCY

str. 431. The Parties undertake to notify their proposed SPS measures to the contact points of the other Party at least sixty (60) days before they are adopted. 2. In cases of urgency or duly justified emergency, the Parties may adopt the measures and rules specified in paragraph 1, without observing the time frame established. In these cases, the Party shall notify the adopted measure to the other Party within five (5) days of its adoption. 3. In any event, the Party adopting or willing to adopt the measure shall give the other Party the possibility of making comments on the measure and shall take into account these comments. 4. Whenever there is a notification of non compliance of imported products with a SPS measure properly adopted, the Parties shall cooperate to solve the problem. Unless specifically required by its laws or policies, the importing Party shall not suspend trade

based on one shipment, but shall contact the exporting Party to ascertain how the problem has occurred. The Parties shall consult on what remedial action might be taken by the exporting Party to ensure that further shipments do not infringe the measure.

ARTICLE 6.12 : COORDINATORS

str. 441. To facilitate the implementation of this Chapter and cooperation between the Parties, each Party shall designate a Coordinator, who shall be responsible for coordinating with competent SPS authorities and interested persons in the Party's territory and communicating with the other Party's Coordinator in all matters pertaining to this Chapter. The Coordinators' functions shall include:
2. (a) monitoring the implementation and administration of this Chapter;
3. (b) enhancing communication between the Parties' competent SPS authorities and shall seek to facilitate a Party's response to written request for information from the other Party in print or electronically without undue delay, and in any case within thirty (30) days from the date of the request and at no cost or at reasonable cost;
4. (c) facilitating information exchange so as to enhance mutual understanding of each Party's SPS measures and the regulatory processes that relate to those measures and their impact on trade in such goods between the Parties;
5. (d) promptly addressing any bilateral SPS issues that a Party raises to enhance cooperation and consultation between the Parties to facilitate trade between the Parties;
6. (e) reviewing progress on addressing SPS matters that may arise between the Parties' competent SPS authorities;
7. (f) establishing technical working groups, as required. The technical working groups may consist of expert level representatives of the Parties as agreed, which shall identify, address, and attempt to resolve technical and scientific issues arising from this Chapter;
8. (g) promoting the development and review of implementing arrangements on technical matters including harmonization, equivalence, control, inspection and approval procedures which further elaborate the provisions of this Chapter in order to facilitate trade between the Parties;
9. (h) reviewing and assessing progress of each Party's priority market access interests, and, where agreed as necessary, amend implementing arrangements; and
10. (i) strengthening technical cooperation in sanitary and phytosanitary
11. matters.

str. 452. The Coordinators shall normally carry out their functions through agreed communication channels such as telephone, fax, e mails, whichever is most expedient in the discharge of their functions. Nevertheless, in technical issues like notifications of pest interceptions, pest risk assessments or others, the contact between the competent SPS authorities can be made directly, with due communication to the Coordinators.

ARTICLE 6.13 : JOINT COMMITTEE

str. 451. The Parties shall establish a Joint Committee consisting of representatives of the Parties which will meet when necessary to deal with any matter that cannot be clarified or resolved through the Coordinators. 2. The Joint Committee shall be co chaired by the Coordinators of the Parties. The Joint Committee shall comprise representatives of both Parties´ competent trade and SPS authorities.

ARTICLE 6.14 : TECHNICAL COOPERATION

str. 45The Parties shall endeavour to develop a work programme and mechanisms for co operative activities in the areas of technical assistance and capacity building to address plant, animal and public health and food safety issues of mutual interest.

ARTICLE 6.15: CONSULTATION AND DISPUTE SETTLEMENT

str. 451. In the event that a Party considers that a SPS measure affecting trade between the Parties warrants a technical consultation, it may request that technical consultations be held under the Joint Committee, with a view to share information and increase mutual understanding about the specific SPS measure under consultations and to identify a workable and practical solution that would facilitate trade. The other Party shall respond promptly to any request for technical consultations. 2. The technical consultations shall be held within thirty (30) days of the request, unless the Parties agree otherwise, and may be conducted via teleconference, video conference, or through any other means, as mutually determined by the Parties. 3.

str. 46Matters arising under this Chapter that cannot be settled through consultations may be forwarded by the complaining Party to the dispute settlement mechanism of the Agreement.

ARTICLE 6.16 : FINAL PROVISIONS

str. 461. Nothing in this Chapter shall limit the authority of a Party to determine the level of protection it considers necessary for the protection of, inter alia , human health or safety, animal or plant life or health. In pursuance of this, each Party retains all authority to interpret its laws, regulations and administrative provisions. 2. For the purposes of Article 6.12 (Coordinators), the Coordinator
3. (a) Peru shall be

Ministry of Foreign Trade and Tourism Viceministry of Foreign Trade Calle Uno Oeste Nº 50, Urb. Córpac, San Isidro Tel: (51 1) 513 6100 or its successor or its designated contact point; and

- (b) Singapore shall be

Ministry of Trade and Industry Trade Division 100 High Street #09 01 The Treasury Singapore 179434

Tel: (65) 6225 9911

Fax: (65) 6332 7260

E mail: mti_email@mti.gov.sg or its successor or its designated

contact point. CHAPTER 7 : TECHNICAL BARRIERS TO TRADE

ARTICLE 7.1 : OBJECTIVES

str. 46The objective of this Chapter is to eliminate unnecessary technical barriers to trade between the Parties by providing a framework to address the impact of such technical barriers, so as to facilitate and increase bilateral trade and by enhancing bilateral cooperation.

ARTICLE 7.2 : GENERAL PROVISIONS

str. 461. The Parties reaffirm and incorporate their rights and obligations under the TBT Agreement. in:

2. For the purpose of facilitating and increasing bilateral trade, the Parties shall seek to enhance their cooperation in the area of technical barriers to trade and deepen the mutual understanding and awareness of their respective systems. 3. In addition to the TBT Agreement the Parties shall apply the provisions under this Chapter.

ARTICLE 7.3 : SCOPE

str. 461. This Chapter is applicable to any and all standards, technical regulations and conformity assessment procedures of the Parties that may affect, directly or indirectly, the trade in goods between the Parties [1] 1 . 2. This Chapter does not apply to sanitary and phytosanitary measures as defined in the SPS Agreement, which are covered by Chapter 6 (Sanitary and Phytosanitary Measures). 3. This Chapter does not apply to purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies, which are covered by Chapter 9 (Government Procurement). 4. Nothing in this Chapter shall prevent a Party from adopting or maintaining standards or technical regulations in accordance with its rights and obligations under the TBT Agreement to fulfill a legitimate objective, taking into account the risk non fulfillment would create. This shall include technical regulations necessary to ensure its national security requirements, the prevention of deceptive practices, the protection of human life, health or safety, animal and plant life or health, or the environment.

ARTICLE 7.4 : DEFINITIONS

ARTICLE 7.5 : INTERNATIONAL STANDARDS

str. 471. Each Party shall, to the maximum extent possible and in accordance with Article 2.4 of the TBT Agreement , use relevant international standards as a basis for its technical regulations. 2. In determining whether an international standard, guide or recommendation within the meaning of Articles 2, 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the principles set out in G/TBT/1/Rev.8, 23 May 2002, Section IX (Decision of the Committee on Principles for the

Decisions and Recommendations adopted by the TBT Committee since 1 January 1995, Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the WTO TBT Agreement) issued by the TBT Committee .

ARTICLE 7.6 : TRADE FACILITAT

str. 48ION

1. The Parties shall co operate and jointly identify work in the field of standards, technical regulations and conformity assessment procedures, with a view to facilitating market access. In particular, the Parties shall seek to identify initiatives that are appropriate for the particular issues or sectors. Such initiatives may include co operation and technical assistance on regulatory issues, such as unilateral recognition or harmonisation or equivalence of technical regulations and standards, alignment to international standards, reliance on a supplier's declaration of conformity, recognition and acceptance of the results of conformity assessment procedures, and use of accreditations to qualify conformity assessment bodies. 2. At the request of a Party, each Party shall encourage governmental and non governmental bodies in its territory to co operate with the governmental and non governmental bodies in the territory of the other Party with respect to particular standards, technical regulations or conformity assessment procedures following the principles of the TBT Agreement. 3. Where a Party detains at a port of entry a good originating in the territory of another Party due to a perceived failure to comply with a technical regulation, it shall immediately notify the importer of the reasons for the detention.

ARTICLE 7.7 : EQUIVALENCE OF TECHNICAL REGULATIONS

str. 481. Each Party shall give favourable consideration to accept as equivalent the technical regulations of the other Party, even if they differ from its own technical regulations, provided that the said technical regulations produce the outcomes, equivalent to those produced by its own technical regulations, in meeting the legitimate objectives, or achieving the same level of protection. 2. For this purpose, a Party seeking the other Party to accept its technical regulation as equivalent, shall provide, as appropriate:
2. (a) information on the relationship of its technical regulation to international standards referenced in the technical regulation of the other Party;
3

str. 49. (b) the circumstances which gave rise to the adoption of its technical regulation; and
4. (c) information on the similarity of the established mechanisms of conformity assessment. 3. Where a Party does not accept a technical regulation of the other Party as equivalent to its own technical regulation, it shall, at the request of the other Party, explain the reasons for not accepting the said regulation as equivalent. The Parties may agree to further engage for the purpose of accepting equivalent technical regulations, such as by establishing an ad hoc working group, as provided for in Article 7.11 (Country Coordinators on Technical Barriers to Trade). 4. At the request of a Party which may have an interest in developing a technical regulation similar to the technical regulation of the other Party, and in order to minimize duplicate expenses, the other Party shall provide any available information, studies or other relevant documents, which it had relied on in the development of that technical regulation except confidential information.

ARTICLE 7.8 : CONFORMITY ASSESSMENT

str. 491. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance, in a Party's territory, of the results of conformity assessment procedures conducted in another Party's territory, for example:
2. (a) the importing Party may rely on a supplier's declaration of conformity;
3. (b) the Parties' conformity assessment bodies may enter into voluntary arrangements to accept the results of each other´s conformity assessment procedures;
4. (c) a Party may agree with the other Party to accept the results of conformity assessment procedures with respect to specific technical regulations conducted by conformity assessment bodies located in the other Party's territory;
5. (d) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the territory of the other Party;
6. (e) a Party may designate conformity assessment bodies located in the territory of the other Party; and
7.

str. 508. (f) a Party may unilaterally recognize the results of conformity assessment procedures conducted in the territory of the other Party with respect to a sector nominated by other Party. The Parties shall intensify their exchange of information on these and other similar mechanisms, so as to facilitate the acceptance of results of conformity assessment procedures . 2. If a Party does not accept the results of a conformity assessment procedure carried out in the territory of the other Party, it shall, on request of the other Party, explain its decision, so that the affected Party may take corrective action. 3. Each Party shall accredit, approve, license or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those it accords to conformity assessment bodies in its territory. Where a Party accredits, approves, licenses or otherwise recognizes a body assessing conformity with a specific technical regulation or standard in its territory and refuses to accredit, approve, license or otherwise recognize a body assessing conformity with that technical regulation or standard in the territory of the other Party, it shall, on request of that other Party, explain the reasons for its decision so that the other Party may take corrective action. 4. Where a Party refuses an application from the other Party to engage or conclude negotiations to reach an agreement that facilitates the recognition in its territory of the results of the conformity assessment procedures conducted by conformity assessment bodies in the territory of the other Party, it shall, on request of the other Party, explain its decision, so that the other Party may take corrective action. The Parties may agree to further engagements, such as by the establishment of an ad hoc working group, as provided for in Article 7.11 (Country Coordinators on Technical Barriers to Trade). 2. The Parties shall encourage the use of activities developed within the framework of cooperation and technical assistance as reference in a process to recognize assessment conformity.

ARTICLE 7.9 : TRANSPARENCY

str. 501. The Parties undertake to transmit, electronically, through the contact points established by each Party under Article 10 of the TBT Agreement, the proposed technical regulations and conformity assessment procedures intended to be adopted at the same time that the parties notify WTO members in accordance with the TBT Agreement. The Parties shall also notify/publish, pursuant to paragraph 7 of this Article, those technical regulations, whether the technical regulations are in accordance with the technical content of the relevant international standards, or not. 2. Each Party shall allow for at least sixty (60) days, after the transmission of the notifications mentioned in paragraph 1, for the other Party to comment and have consultations on such measure. Each Party shall take into consideration the comments of

the other Party and the outcome of the consultations. A Party shall give favourable consideration to a reasonable request by the other Party for extension of the above period. 3. In case of emergency, a Party adopting technical regulations and/or conformity assessment procedures shall send electronically, through the aforementioned contact points, the said documents to the other Party at the same time it notifies the Members of the WTO. The Parties shall also notify/publish those technical regulations, whether the technical regulations are in accordance with the technical content of the relevant international standards, or not. 4. Each Party shall publish, or otherwise make available to the public, in print or electronically, its responses to significant comments it receives from persons of the other Party no later than the date it publishes the final technical regulation or conformity assessment procedure. 5. Each Party shall, on request of the other Party, provide information regarding the objectives of, and rationale for, a standard, technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt. 6. The Parties agree that the period of time as from the date of publication and the validity of the technical regulations, conformity assessment procedures or any other mandatory rule shall not be less than (6) six months, unless such time period would undermine a legitimate purpose underlying the adoption of the regulation, procedure or rule. 7. Each Party shall ensure that all technical regulations and conformity assessment procedures which have been adopted or are proposed and the necessary notifications referred to under paragraphs 1 and 3, are available on its official websites. 8. Each Party shall implement this Article as soon as is practicable, and under no circumstance, later than two years, from the date of entry into force of this Agreement.

ARTICLE 7.10: TECHNICAL COOPERATION

str. 511. The Parties agree to supply each other technical assistance and cooperation, to the extent possible, in order to, inter alia :
2. (a) encourage the enforcement of this Chapter;
3. (b) encourage the enforcement of the TBT Agreement;
4. (c) strengthen the corresponding organisations of standardisation, technical regulation, conformity assessment, metrology and information and notice systems within the scope of the TBT Agreement;
5.

str. 52(d) strengthen the technical reliability among said organisations, mainly intending to execute Mutual Recognition Agreements of interest for the Parties;

- (e) facilitate the acceptance of equivalence of standards and technical regulations;

str. 52- (f) strengthen, where aplicable, collaboration between the Parties in relevant international organisations implementing agreements or developing international standards, guidelines and recommendations referred to matters covered by this Chapter;
- (g) provide support to the development and application of international standards; and
- (h) increase the formation and training of the human resources required for this Chapter. 2. The Parties shall explore opportunities for further cooperation and collaboration so as to facilitate the implementation of this Chapter including the negotiations of Mutual Recognition Agreements by the competent organisations in the areas of standardisation, regulation and conformity assessment following the principles of the TBT Agreement.

ARTICLE 7.11 : COUNTRY COORDINATORS ON TECHNICAL BARRIERS TO TRADE

str. 521. To facilitate information exchange, cooperation and implementation of this chapter, the Parties hereby establish the Country Coordinators on Technical Barriers to Trade, comprising representatives of each Party. 2. The Country Coordinators on Technical Barriers to Trade shall be:
3. (a) in the case of Peru,

Ministry of Foreign Trade and Tourism Viceministry of Foreign Trade Calle Uno Oeste Nº 50, Urb. Córpac, San Isidro Tel (51 1) 513 6100, or its successors or its designated coordinator; and

- (b) in the case of Singapore,

Ministry of Trade and Industry Trade Division 100 High Street # 09 01 The Treasury Singapore 179434 Tel (65) 6225 9911 Fax (65) 6332 7260 Email mti_email@mti.gov.sg or its successor or its designated coordinator. 3. The Country Coordinators` functions shall include:

str. 53- (a) monitoring the implementation and administration of this Chapter;
- (b) promptly addressing any issue that a Party raises related to the development, adoption, application or enforcement of standards, technical regulations or conformity assessment procedures;
- (c) enhancing cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures and, as appropriate, designing and proposing mechanisms for technical assistance of the type described in Article 11 of the TBT Agreement;

(d) where appropriate, facilitating sectoral cooperation between governmental and non governmental conformity assessment bodies in the territories of the Parties;

(e) exchanging information on developments in non governmental, regional and multilateral fora engaged in activities related to standards, technical regulations and conformity assessment procedures;

(f) at a Party's request, consulting on any matter arising under this Chapter;

- (g) reviewing this Chapter in light of any developments under the TBT Commitee, and developing recommendations for amendments to this Chapter if necessary;

(h) taking any other steps the Parties consider will assist them in implementing this Chapter and the TBT Agreement and in facilitating trade;

(i) as it considers appropriate, reporting to the Commission on the implementation of this Chapter;

(j) establishing, if necessary, for particular issues or sectors, working groups for the treatment of specific matters related with the chapter and the TBT agreement;

(k) facilitating the consideration of a request by a Party for the recognition of the results to conformity assessment procedures, including a request for the negotiation of an Agreement, in a sector nominated by that party; and

(l) facilitating cooperation in the areas of specific technical regulations by refering enquiries from a Party to the appropriate regulatory authorities. 4.

str. 54When consultations are requested under paragraph 2(f), the Parties shall make every effort to attain a mutually satisfactory solution, within a thirty (30) day period. 5. Where the Parties have had recourse to consultations under paragraph 2(f) such consultations shall constitute consultations under Article 17.4 (Consultations). 6. The Country Coordinators shall meet at least once a year unless the Parties otherwise agree. The Country Coordinators shall carry out its work through the communication means agreed by the Parties, such as Internet, videoconferences or others.

ARTICLE 7.12 : EXCHANGE OF INFORMATION

str. 541. Any information or explanation requested by a Party pursuant to the provisions of this Chapter shall be provided by other Party, in print or electronically, in a term of thirty (30) days, which may be extended prior justification of the informing Party. 2. As concerns information exchange, in compliance with Article 10 under the TBT Agreement, the Parties shall apply the recommendations included in the document on Decisions and Recommendations adopted by the Committee since 1 January 1995,G/TBT/1/Rev. 8, 23 May, 2002, Section IV (Procedure for information exchanges) as transmitted by the TBT Committee . - [1] 1 For greater certainty, the Parties understand that:
4. (a) any reference in this Chapter to a standard, technical regulation or conformity assessment procedure includes those related to metrology; and
5. (b) the application of this Chapter to trade in goods between the Parties is regardless of origin. CHAPTER 8 : BILATERAL SAFEGUARDS

ARTICLE 8.1 : DEFINITIONS

str. 54For purposes of this Chapter:

1. directly competitive good means the good which, having different physical characteristics and composition to those of the imported good, fulfils the same functions of the latter, satisfies the same needs, and is commercially substitutable;
2. domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive good operating in the territory of a Party, or those producers whose collective production of the like or directly
3.

8. unforeseen development of circumstances means unexpected

str. 55changes of facts not associated with:

- (a) the tariff elimination programme under this Agreement; or
- (b) limitations in the competitiveness of a certain domestic production sector,

that could generate, directly or indirectly, serious injury, or threat thereof, to the domestic industry.

ARTICLE 8.2 : IMPOSITION OF A SAFEGUARD MEASURE

str. 551. A Party may impose a safeguard measure during the transition period if, as a result of the unforeseen development of circumstances or of the reduction or elimination of a customs duty pursuant to this Agreement, an originating good in the other Party's territory is

imported to the Party's territory in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good.

str. 562. If the conditions in paragraph 1 are met, a Party may, to the extent necessary to prevent or remedy serious injury, or threat thereof, and facilitate adjustment:
2. (a) suspend the further reduction of any rate of duty provided for under this Agreement on the good; or
3. (b) increase the rate of duty on the good to a level not to exceed the lesser between:
4. (i) the most favoured nation (MFN) applied rate of duty in effect at the time the measure is applied, and
5. (ii) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement [1] 1 .

ARTICLE 8.3 : STANDARDS FOR A SAFEGUARD MEASURE

str. 561. A Party may adopt a safeguard measure only during the period necessary to prevent or remedy the serious injury, or threat thereof, and facilitate adjustment. This period shall not exceed two (2) years, which may be extended for an additional term of up to one (1) year. The initial period includes the term of any provisional measure applied. 2. Subject to paragraph 1, a Party may extend the period of a safeguard measure if the competent investigating authority determines, in accordance with the procedures set out in Article 8.4 (Safeguard

Procedures), that the measure continues to be necessary to prevent or remedy serious injury, or threat thereof, and to facilitate adjustment, and that there is evidence that the domestic industry is adjusting. 3. In order to facilitate adjustment in the case where the expected duration of a safeguard measure is more than one (1) year, the Party applying the measure shall progressively liberalize it at regular intervals during the remainder of the period of application of the safeguard measure. 4. A party shall not apply a safeguard measure more than once on the same good until a similar period as the duration of the initial safeguard measure has elapsed commencing from the termination of the earlier safeguard measure. 5.

str. 57On the termination of a safeguard measure, the Party that has imposed the measure shall:

- (a) apply the rate of customs duty set out in its tariff schedule as specified in Annex 2A (Peru Tariff Schedule) or Annex 2B (Singapore Tariff Schedule), as relevant for the good, as if such measure had never been applied; or

str. 57- (b) eliminate the tariff in equal annual stages ending on the date set out in its tariff schedule as specified in Annex 2A (Peru Tariff Schedule) or Annex 2B (Singapore Tariff Schedule), as relevant for the good, for the elimination of the tariff.

ARTICLE 8.4: SAFEGUARD PROCEDURES

Initiation of safeguard procedure

str. 571. A Party may initiate a safeguard procedure under this Chapter when a company or companies representative of the domestic industry producing a like or directly competitive good with an imported good, or on their behalf, an entity or association representing them (hereinafter referred to as 'the petitioner(s)') directly present a claim to the Party. 2. The claim shall contain the following information:
3. (a) the petitioner(s)' name, address, facsimile, telephone and electronic mail;
4. (b) the percentage of domestic production of the like or directly competitive good accounted for by the petitioner(s);
5.

str. 58(c) a detailed description of the good concerned and of its like

or directly competitive goods, tariff classification, applied tariff, technical characteristics and uses, as well as a brief description of its production process;

- (d) information relative to the increased imports (volume, price and country of origin) of the imported good concerned, in absolute terms, as well as in relation to total import, and relative to domestic industry for the last thirty six (36) months for which official statistics are available;
- (e) evidence enabling the evaluation of the existence of serious injury, or threat thereof, caused by the imports of the good concerned, for the last thirty six (36) months for which information is available, such as:
- (i) a description of the serious injury, or threat thereof;
- (ii) information relative to production, sales in the domestic market and foreign sales, capacity and capacity utilization, productivity, employment, inventories of the domestic industry, of the like or directly competitive good or goods; - (iii) the production cost structure of the domestic industry for the good or the like or directly competitive goods, specifying the share of the total cost accounted for by imported inputs or raw materials;
- (iv) profit and loss statements of the representative firms in the domestic industry and accounting information relative to the good under

investigation;

- (v) price data for the domestic and the imported goods, as well as information relative to the nationalization costs of the imported good enabling a reasonable comparison between the price of the domestic and imported good in the same level of

commercialization; and

- (vi) any other information that supports the application of the safeguard measure;
- (f) an enumeration and description of alleged causes of the serious injury, or threat thereof, and a summary of the basis for the assertion that increased imports, either actual or relative to domestic production, of the imported good are causing or threatening to cause serious injury, supported by pertinent data; and
- (g) identification and justification of confidential information, and non confidential summaries thereof. If it is indicated that such information cannot be summarized, then the petitioner(s) should furnish the reasons why such a summary cannot be provided.

Notice Requirement

str. 583. Upon initiation of a safeguard procedure under this Chapter, and in order to comply with paragraph 1 of Article 8.5 (Notification and Consultation), the competent investigating authority shall publish a notice, identifying the name of the petitioner(s), the imported good forming the subject matter of the safeguard procedure, its tariff classification, the deadline for the final determination, and the name, address, telephone and electronic mail address of the competent investigating authority.

Confidential Information

str. 594. Any information provided by the parties to an investigation classified as confidential, subject to prior justification, will be treated as such by the competent investigating authority. Information which shall be considered confidential due to its nature includes such information which, if disclosed, would provide a significant advantage for a competitor, commercial or otherwise, or could have a significantly negative impact on the person providing the information, in accordance with the provisions of each Party's domestic legislation.

Evidence of Injury and Causation

str. 595. For the purpose of determining the serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the competent investigating authority shall analyze, among other matters, information relative to the increased imports of the good under investigation, in absolute and relative terms, the share of the domestic market taken by the increased imports, the changes in the sales, production and productivity levels, the utilization of capacity, exports, changes in prices and inventories, capital generating capacity, profits or losses, wages and employment. None of these isolated factors, nor several of them in conjunction, will necessarily be sufficient for reaching a decisive conclusion. 6. The competent investigating authority shall not make an affirmative determination of serious injury, or threat thereof, unless the investigation demonstrates, on the basis of objective evidence, the existence of a clear causal link between increased imports of the good concerned and serious injury, or threat thereof. Where factors other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports.

Deliberation and Report

str. 597. Before making an affirmative determination in a safeguard procedure under this Chapter, the competent investigating authority shall have a maximum term of six (6) months, commencing from the date of initiation of the procedure, to gather, receive, examine and verify the relevant information, hold a public hearing, and provide the opportunity for all interested parties to prepare and submit their views, and prepare the corresponding report. 8. The report shall contain all relevant information, including evidence of serious injury, or threat thereof, caused by the increased imports, the precise description of the good concerned and the measure to be adopted, the proposed date for the introduction of the measure, its expected duration and, if applied, the schedule for its progressive liberalization.

ARTICLE 8.5: NOTIFICATION AND CONSULTATION

str. 591. A Party shall promptly notify the other Party in writing upon:
2.

str. 603. (a) initiating a safeguard procedure under this Chapter,
4. (b) adopting a provisional safeguard measure under Article 8.7 (Provisional Safeguards); or
5. (c) adopting the determination to apply or extend a safeguard measure. 2. On request of a Party whose good is subject to a safeguard procedure under this Chapter, the Party conducting that procedure shall enter into consultations with the other Party to review a notification under paragraph 1 or any public notice or report that the competent investigating authority has issued in connection with the procedure.

ARTICLE 8.6 : GLOBAL ACTIONS

str. 601. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the WTO Agreement on Safeguards. 2. This Agreement does not confer any additional rights or obligations upon the Parties regarding actions taken pursuant to Article XIX of GATT 1994 and the WTO Agreement on Safeguards. When a

Party decides to adopt a safeguard measure in accordance with Article XIX of GATT 1994 and the WTO Agreement on Safeguards, that Party may exclude imports of an originating good from the other Party if such imports are not a substantial cause of serious injury, or threat thereof. 3. Where the Party's imports represent less than 5 per cent (5%) of the total volume of imports of that good, such imports shall not be considered part of the substantial cause of serious injury, or threat thereof. 4. No Party may apply, with respect to the same good, at the same time:
3. (a) a safeguard measure under this Chapter; and
4. (a) a measure under Article XIX of GATT 1994 and the WTO Agreement on Safeguards.

ARTICLE: 8.7 : PROVISIONAL SAFEGUARDS

str. 61In critical circumstances where any delay may result in irreparable injury to a domestic industry producing a like or directly competitive good, the Party applying a safeguard measure in accordance with Article 8.2 (Imposition of a Safeguard Measure) may adopt a provisional safeguard measure pursuant to a preliminary determination that clear evidence exists demonstrating that the increased imports of the imported good have caused,

or threaten to cause, serious injury to a domestic industry producing a like or directly competitive good. Immediately after adopting the provisional safeguard measure, the affected Party may request consultations in accordance with paragraph 2 of Article 8.5 (Notification and Consultation). 2. A provisional safeguard measure may take any of the forms set out in paragraph 2 of Article 8.2 (Imposition of a Safeguard Measure). The duration of a provisional safeguard measure may not exceed one hundred and eighty (180) days. Where the competent investigating authority has determined that increased imports have not caused or threatened to cause serious injury to the domestic industry producing a like or directly competitive good, the guarantees or the perceived funds arising from the imposition of provisional measures shall be promptly released or refunded, as the case may be.

ARTICLE 8.8 : COMPENSATION

str. 611. A Party applying a safeguard measure for an overall period beyond two (2) years shall, in consultation with the other Party, provide mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the measure during the period of extension of the measure beyond the aforementioned two (2) years. The Party applying the safeguard measure shall provide opportunity for such consultations no later than thirty (30) days after the decision to extend the measure. Such consultations shall take place prior to the effective date of the extension. 2. If the Parties are unable to reach agreement on compensation within thirty (30) days of the commencement of consultations, the exporting Party may suspend the application of substantially equivalent concessions to the trade of the Party applying the safeguard measure. 3. The exporting Party shall notify the other Party in writing in the English language at least thirty (30) days before suspending concessions under paragraph 2. 4. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 shall terminate on the date of the termination of the safeguard measure.

CHAPTER 9 : GOVERNMENT PROCUREMENT

ARTICLE 9.1 : DEFINITIONS

str. 63(a) lays down the characteristics of goods or services to be procured, including quality, performance, safety and dimensions, or the processes and methods for their production or provision; or
12. (b) addresses terminology, symbols, packaging, marking or labelling requirements, as they apply to a good or service. 1. The Parties agree to open their respective government procurement markets in order to maximize competitive opportunities for their suppliers and reduce costs of doing business for both government and industry. 2. The Parties shall achieve these objectives through:
15. (a) ensuring that the opportunity exists for their suppliers to compete on an equal and transparent basis for government procurements;
16. (b) ensuring the non application against their suppliers of preferential schemes and other forms of discrimination based on the place of origin of goods and services; and
17. (c) promoting the use of electronic procurement.

ARTICLE 9.3 : SCOPE AND COVERAGE

str. 631. This Chapter applies to any law, regulation, procedure or practice regarding any procurement by entities covered by this Chapter as specified in Annex 9A (Government Procurement Schedules). 2. This Chapter applies to procurement of goods or services, or any combination of goods and services by any contractual means, including through such methods as purchase or as lease, rental or hire purchase, with or without an option to buy, build-operate-transfer contracts and public works concessions. 3. Where entities, in the context of procurement covered under this Chapter, require entities not included in Annex 9A (Government

Procurement Schedules) to award contracts in accordance with particular requirements, Article 9.4 shall apply, mutatis mutandis , to such requirements. 4. This Chapter applies to any procurement contract of a value of not less than the relevant threshold specified in Annex 9A (Government Procurement Schedules). 5. Except as otherwise specified in Annex 9A (Government

Procurement Schedules), this Chapter does not cover:

- (a) non contractual agreements or any form of governmental assistance, including cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives and governmental provision of goods and services to persons or governmental authorities;
-

str. 64- (b) purchases funded by international grants, loans or other assistance, where the provision of such assistance is subject to conditions inconsistent with the provisions of this Chapter;
- (c) acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, and services related to the sale, redemption and distribution of government debt [1] 1 ; and
- (d) hiring of government employees and its related employment measures. 6. No procuring entity may, at any stage of the procurement, prepare, design or otherwise structure or divide any procurement in order to avoid any obligation under this Chapter. 7. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures, or contractual means, provided that they are not inconsistent with this Chapter. 8. The provisions of this Chapter do not affect the rights and obligations provided for in Chapter 2 (Trade in Goods), Chapter 10 (Investment), and Chapter 11 (Cross Border Trade in Services).

ARTICLE 9.4 : NATIONAL TREATMENT AND NON DISCRIMINATION

str. 641. With respect to all laws, regulations, procedures and practices regarding government procurement covered by this Chapter, each Party shall provide immediately and unconditionally to the goods, services and suppliers of the other Party offering such goods and services, treatment no less favourable than that accorded to domestic goods, services and suppliers. 2. With respect to all laws, regulations, procedures and practices regarding government procurement covered by this Chapter, each Party shall ensure that its entities shall not:
3. (a) treat a locally established supplier less favourably than another locally established supplier on the basis of degree of foreign affiliation or ownership; nor
4. (b) discriminate against a locally established supplier on the basis that it is a supplier of a good or service of the other Party. 3.

str. 65The provisions of paragraphs 1 and 2 shall not apply to customs duties and charges of any kind imposed on or in connection with importation, the method of

levying such duties and charges, other import regulations and formalities, and measures affecting trade in services other than laws, regulations, procedures and practices regarding government procurement covered by this Chapter.

ARTICLE 9.5 : VALUATION OF PROCUREMENTS

str. 65The following provisions shall apply in determining the value of a procurement for purposes of implementing this Chapter:

- (a) valuation shall take into account all forms of remuneration, including any premiums, fees, commissions and interest receivable;
- (b) the selection of a valuation method by a government body shall not be made, nor shall any procurement requirement be divided, with the intention of avoiding the application of this Chapter; and
- (c) in cases where an intended procurement specifies the need for option clauses, the basis for valuation shall be the total value of the maximum permissible procurement, inclusive of optional purchases.

ARTICLE 9.6 : RULES OF ORIGIN

str. 65For the purposes of covered procurement, no Party may apply rules of origin to goods imported or supplied from the other Party that are different from the rules of origin the Party applies at the same time in the normal course of trade to imports or supplies of the same goods from the same Party.

ARTICLE 9.7 : OFFSETS

str. 65A procuring entity shall not impose, seek or consider offsets in the qualification and selection of suppliers, goods or services, or in the evaluation of tenders and award of contracts.

ARTICLE 9.8 : PUBLICATION OF INFORMATION ON PROCUREMENT MEASURES

str. 65Each Party shall promptly publish any law, regulation, judicial decision, administrative ruling of general application, procedure (including standard contract clauses), and any modifications or additions to this information regarding government procurement covered by this Chapter, in an officially designated electronic medium listed in Annex 9B (Officially Designated Electronic Media for the Publication of Information on Government Procurement), and in such a manner as to enable the other Party and suppliers to become acquainted with them. Each Party shall be prepared, upon request, to explain such information to the other Party.

ARTICLE 9.9 : PUBLICATION OF NOTICE OF INTENDED PROCUREMENT

str. 661. For each procurement covered by this Chapter, a procuring entity shall publish in advance a notice inviting all interested suppliers to submit tenders for that procurement ('notice of intended procurement'), except as otherwise provided in Article 9.13. This notice shall be published in an officially designated electronic medium listed in Annex 9B (Officially Designated Electronic Media for the Publication of Information on Government Procurement). Each such notice shall be accessible during the entire period established for tendering for the relevant procurement. 2. Each notice of intended procurement shall include a description of the intended procurement, any conditions that suppliers must fulfil to participate in the procurement, the name of the procuring entity issuing the notice, the address and contact where suppliers may obtain all documents relating to the procurement, the time limits for submission of tenders and the dates for delivery of the goods or services to be procured. 3. Each Party shall encourage its procuring entities to publish, as early as possible in the fiscal year, information regarding the procuring entity's indicative procurement plans published in an officially designated electronic medium listed in Annex 9B (Officially Designated Electronic Media for the Publication of Information on Government Procurement). Where such information is published, a procuring entity may apply Article 9.10 (Time Limits for the Tendering Process) for the purpose of establishing shorter time limits for tendering.

ARTICLE 9.10 : TIME LIMITS FOR THE TENDERING PROCESS

str. 661. A procuring entity shall prescribe time limits for the tendering process that allows sufficient time for suppliers to prepare and submit responsive tenders, taking into account the nature and complexity of the procurement. A procuring entity shall provide no less than twenty one (21) days between the date on which it publishes the notice of intended procurement and the deadline for submitting tenders. 2. Notwithstanding paragraph 1, where there are no qualification requirements for suppliers, a procuring entity may establish a time limit of less than twenty one (21) days, but in no case less than ten (10) days, in the following circumstances:
3. (a) where the procuring entity has published a separate notice containing the information specified in paragraph 3 of

str. 67Article 9.9 (Publication of Notice of Intended Procurement) in an officially designated electronic medium listed in Annex 9B (Officially Designated Electronic Media for the Publication of Information on Government Procurement) at least twenty one (21) days and not more than twelve (12) months in advance;

- (b) in the case of the second or subsequent publication of notices for procurement of a recurring nature;
- (c) where a state of urgency duly substantiated by the procuring entity renders the time limit specified in paragraph 1 impracticable; or
- (d) where the procuring entity has published a notice of intended procurement by electronic means in an officially designated electronic medium listed in Annex 9B (Officially Designated Media for the Publication of Information on Government Procurement).

ARTICLE 9.11 : TENDER DOCUMENTATION AND TECHNICAL SPECIFICATIONS

Tender Documentation

str. 671. A procuring entity shall provide interested suppliers with tender documentation that includes all the information necessary to permit suppliers to prepare and submit responsive tenders. The documentation shall include all the criteria that the procuring entity will consider in awarding the contract, including all cost factors, and the weights or, where appropriate, the relative values that the procuring entity will assign to these criteria in evaluating tenders. 2. To the extent possible, a procuring entity should make available relevant tender documentation on the internet or a comparable publicly available computer based telecommunications network openly accessible to all suppliers. Where a procuring entity does not publish all the tender documentation by electronic means, the entity shall, on request of any supplier, promptly make the documentation available in written form to the supplier.

Technical Specifications

str. 673. Technical specifications laying down the characteristics of the goods or services to be procured shall not be prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties. 4. Technical specifications prescribed by a procuring entity shall, where appropriate, be:

- (a) expressed in terms of performance requirements rather than design or descriptive characteristics; and
- (b) based on international standards, where applicable; otherwise, on national technical regulations, recognized national standards or building codes. 5.

str. 68There shall be no requirement or reference to a particular trademark or trade name, patent, design or type, specific origin or producer or supplier unless there is no sufficiently precise or intelligible way of otherwise describing the procurement requirements and provided that, in such cases, words such as 'or equivalent' are included in the tender documentation. 6. A procuring entity shall 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 a person that may have a commercial interest in that procurement. 7. Where, during the course of a procurement, a procuring entity modifies any part of the tender documentation referred to in paragraph 1, including the criteria or technical requirements thereof, it shall transmit all such modifications in writing:
- (a) to all suppliers that are participating in the procurement at the time the criteria was modified, if the identities of such suppliers are known, and in all other cases, in the same manner the original information was transmitted; and
- (b) in adequate time to allow such suppliers to modify and re submit their tenders, as appropriate.

ARTICLE 9.12 : QUALIFICATION OF SUPPLIERS

str. 681. In the process of qualifying suppliers, a procuring entity shall not discriminate between domestic suppliers and suppliers of the other Party. 2. Any conditions for participation in open tendering procedures shall be no less favourable to suppliers of the other Party than to domestic suppliers. 3. The process of, and the time required for, registering and/or qualifying suppliers shall not be used in order to exclude suppliers of the other Party, or from being considered for a particular intended procurement. 4. Qualification procedures shall be consistent with the following:
5. (a) Any condition for participation in the procurement, including financial guarantees, technical qualifications and information

necessary for establishing the legal, financial, commercial and technical

- capacity of suppliers, as well as the verifications of qualifications, shall be limited to those which are essential to ensure the firm's capability to fulfil the contract in question. The legal, financial, commercial and technical capacity of a supplier shall be judged both on the basis of that supplier's global business activity and its activity in the territory of the procuring entity taking due account of the legal relationship between the supply organizations.

str. 69- (b) A procuring entity shall promptly communicate to any supplier that has applied for qualification its decision on whether that supplier is qualified. Where a procuring entity rejects an application for qualification or ceases to recognize a supplier as qualified, that procuring entity shall, on request of the supplier, promptly provide it with a written explanation. 5. Nothing in this Article shall preclude a procuring entity from excluding a supplier from a procurement on grounds such as bankruptcy or false declaration, provided that such an action is consistent with the national treatment provisions of this Chapter.

ARTICLE 9.13 : LIMITED TENDERING PROCEDURES

str. 691. A procuring entity shall award contracts by means of open tendering procedures, in the course of which any interested supplier may submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, a procuring entity may award contracts by means other than open tendering procedures in the following circumstances, where applicable:
3. (a) when no tenders were submitted in response to a prior notice or invitation to participate, or in the absence of tenders that conform to the essential requirements in the tender documentation provided in a prior invitation to tender, including any conditions for participation, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded;
4. (b) when, for works of art, or for reasons connected with the protection of exclusive rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;
5. (c) for additional deliveries 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 not meeting requirements of interchangeability with existing equipment, software, services, or installations;
6.

str. 70(d) for goods purchased on a commodity market; 7. (e) when 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. When such contracts have been fulfilled, subsequent procurements of such goods or services shall be subject to the principles and procedures laid down in this Chapter;
8. (f) 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. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent (50%) of the amount of the initial contract;
9. (g) for new construction services consisting of the repetition of similar services which conform to a basic project for which an initial contract was awarded following an open procurement method, and for which the procuring entity has indicated in the notice of intended procurement concerning the initial service, that a limited procurement method might be used in awarding contracts for such new services;
10. (h) 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 could not be obtained in time by means of an open tendering procedure and the use of an open tendering procedure would result in serious injury to the procuring entity, or the procuring entity's program responsibilities or the Party;
11. (i) for purchases made under exceptionally advantageous conditions which only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership or bankruptcy and not for routine purchases from regular suppliers; or
12. (j) in the case of a contract awarded to a winner of a design contest, provided that:
13. (i) the contest has been organized in a manner that is consistent with the principles of this Chapter, notably as regards the publication of a notice of intended procurement; and
14. (ii) the participants are judged by an independent jury with a view to a design contract being awarded to a winner. 3. A procuring entity shall maintain a record or prepare a written report on the contract awarded under these provisions, containing the name of the procuring entity, the value and

kind of goods or services procured, and the specific justifications for use of tender procedures other than open tendering procedures, as provided in paragraph 2.

ARTICLE 9.14 : EVALUATION OF TENDERS

str. 71The tender evaluation process shall be fair and non discriminatory, and shall have a mechanism to eliminate any potential conflict of interest between persons administering the process and suppliers participating in the process.

ARTICLE 9.15 : INFORMATION ON AWARDS

str. 711. Subject to Article 9.21 (Non Disclosure of Information), a procuring entity shall promptly inform suppliers participating in a tendering procedure of its contract award decision. The award notice should include at least the following information:
2. (a) the name of the procuring entity;
3. (b) a description of the goods or services procured;
4. (c) the name of the winning supplier;
5. (d) the date of award;
6. (e) the value of the contract award; and
7. (f) where the procuring entity has not used an open tendering procedure, an indication of the circumstances according to Article 9.13 (Limited Tendering Procedures) justifying the procedures used. 2. A procuring entity shall, on request from an unsuccessful supplier of the other Party which participated in the relevant tender, promptly provide pertinent information concerning reasons for the rejection of its tender, unless the release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interest of particular enterprises, public or private, or might prejudice fair competition between suppliers.

ARTICLE 9.16 : MODIFICATIONS AND RECTIFICATIONS TO COVERAGE

str. 711. Each Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedules in Annex 9A (Government Procurement Schedules), provided that it notifies the other Party in writing and that Party does not object in writing within thirty (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. Where a Party proposes to make a modification to its Schedules in Annex 9A (Government Procurement Schedules) when the business or commercial operations or functions of any of its procuring entities or part thereof is constituted or established as an enterprise with a legal entity separate and distinct from the Government of a Party, regardless of whether or not the Government holds any shares or interest in such a legal entity, it shall notify the other Party. The proposed removal of such an entity or modification shall become effective thirty (30) days from the date of notification. The other Party shall not be entitled to compensatory adjustments.

ARTICLE 9.17 : TRANSPARENCY

str. 72The Parties shall apply all procurement laws, regulations, procedures and practices consistently, fairly and equitably so that their corporate governance structures provide transparency to potential suppliers.

ARTICLE 9.18 : ELECTRONIC PROCUREMENT

str. 721. The Parties shall, within the context of their commitment to promote electronic commerce, seek to provide opportunities for government procurement to be undertaken through electronic means, hereinafter referred to as 'e procurement'. 2. Each Party shall work toward a single entry point for the purpose of enabling suppliers to access information on procurement opportunities in its territory. 3. Each Party shall, to the extent possible, make procurement opportunities that are available to the public accessible to suppliers via the internet or a comparable publicly available computer based telecommunications network openly accessible to all suppliers. To the extent possible, each Party shall make available relevant documentation by the same means. 4. For the purposes of this Chapter, the Parties shall endeavour to use English as the language for publishing the notice for each case of intended procurement. The notice shall contain at least the following information:
5. (a) the subject matter of the contract;
6. (b) the time limits set for the submission of tenders; and
7. (c) the addresses and contact from which documents relating to the contracts may be requested.

ARTICLE 9.19 : CHALLENGE PROCEDURES

str. 721. In the event of a complaint by a supplier of a Party that there has been a breach of this Chapter in the context of procurement by the other Party, that Party may encourage the

supplier to first seek resolution of its complaint in consultation with the procuring entity of the other Party. 2. Each Party shall provide suppliers of the other Party with non discriminatory, timely, transparent and effective procedures to challenge alleged breaches of this Chapter arising in the context of procurements in which they have, or have had, an interest. 3. Each Party shall provide its challenge procedures in writing and make them generally available. 4. Challenges shall be heard by a court or by an impartial and independent review body with no interest in the outcome of the procurement and the members of which are secure from external influence during the term of appointment. 5.

str. 73A Party's total liability for any breach of this Chapter or compensation for loss or damages suffered shall be limited to the costs for tender preparation reasonably incurred by the supplier for the purpose of the procurement.

ARTICLE 9.20 : EXCEPTIONS

str. 731. Nothing in this Chapter shall be construed to prevent any Party from taking any action or not disclosing any information which it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes. 2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent any Party from imposing or enforcing measures:
3. (a) necessary to protect public morals, order or safety;
4. (b) necessary to protect human, animal or plant life or health;
5. (c) necessary to protect intellectual property; or
6. (d) relating to the products or services of handicapped persons, of philanthropic institutions or of prison labour.

ARTICLE 9.21 : NON DISCLOSURE OF INFORMATION

str. 731. The Parties, their procuring entities, and their review authorities shall not disclose confidential information if such disclosure would prejudice legitimate commercial interests of

- a particular person or might prejudice fair competition between suppliers, without the formal authorization of the person that provided the information to the Party. 2. Nothing in this Chapter shall be construed as requiring a Party, including its procuring entities, to disclose confidential information if such disclosure would impede law enforcement or otherwise be contrary to the public interest. ANNEX 9A : GOVERNMENT PROCUREMENT SCHEDULES

SECTION A: CENTRAL LEVEL OF GOVERNMENT ENTITIES

str. 73Unless otherwise specified in this Annex, Chapter 9 (Government Procurement) of this Agreement covers all agencies subordinate to the entities listed in each Party's Schedule.

Peru's Schedule [1] A 1

str. 731. Asamblea Nacional de Rectores (National Assembly of Rectors)
2. Banco Central de Reserva del Perú (Central Reserve Bank of Peru)
3. Congreso de la República (Congress of the Republic)
4. Consejo Nacional de la Magistratura (National Council of

Magistrals)

str. 735. Contraloría General de la República (Comptroller General's Office of the Republic)
6. Defensoría del Pueblo (Office of the People´s Ombudsperson)
7. Jurado Nacional de Elecciones (National Electoral Board)
8. Ministerio de Agricultura (Ministry of Agriculture)
9.

str. 76| Universidad Nacional del Santa (Del Santa National University) Universidad Nacional Federico Villareal (Federico Villareal National |

51. Universidad Nacional Hermilio Valdizán (Hermilio Valdizán National University)
52. Universidad Nacional Jorge Basadre Grohmann (Jorge Basadre Grohmann National University)
53. Universidad Nacional José F. Sanchez Carrión (José F. Sanchez Carrión National University)
54. Universidad Nacional Micaela Bastidas de Apurimac (Micaela Bastidas National University of Apurimac)
55. Universidad Nacional San Antonio de Abad del Cusco (San Antonio de Abad National University of Cusco)
56. Universidad Nacional San Cristobal de Huamanga (San Cristobal de Huamanga National University)
57. Universidad Nacional San Martín (San Martín National University)
58. Universidad Nacional San Luis Gonzaga de Ica (San Luis Gonzaga National University of Ica)
59. Universidad Nacional Santiago Antunez de Mayolo (Santiago Antunez de Mayolo National University)
60. Universidad Nacional Toribio Rodriguez de Mendoza (Toribio Rodriguez de Mendoza National University)
61. Universidad Pedro Ruiz Gallo (Pedro Ruiz Gallo National University)

Notes to Peru's Schedule

str. 761. Ministerio de Defensa and Ministerio del Interior (Ministry of Defense and Ministry of Interior): This Chapter does not cover the procurement of clothing/apparel (HS 6205) and footwear (HS 64011000) by the Army, Navy, Air Force or National Police of Peru. 2. Ministerio de Economía y Finanzas (Ministry of Economy and Finance): This Chapter does not cover procurement by the Agency for the Promotion of Private Investment (PROINVERSION) of technical, legal, financial, economic, or similar consulting services which are necessary to promote private investment through the granting of concessions or other means such as capital increase, joint ventures, service, leasing and management contracts. 3. Ministerio de Justicia (Ministry of Justice): This Chapter does not cover procurement by the Comisión de Formalización de la Propiedad Informal (COFOP

str. 77RI) (The Land Title Formalization Commission). 4. Seguro Social de Salud (ESSALUD) (Health Insurance): This Chapter does not cover the procurement of sheets (HS 6301) and blankets (HS 6302).

Singapore's Schedule

str. 771. Auditor General's Office
2. Attorney General's Chambers
3. Cabinet Office
4. Istana
5. Judicature
6. Ministry of Transport
7. Ministry of Community Development, Youth and Sports
8. Ministry of Education
9. Ministry of Environment and Water Resources
10. Ministry of Finance
11. Ministry of Foreign Affairs
12. Ministry of Health
13. Ministry of Home Affairs
14. Ministry of Information, Communications and the Arts
15. Ministry of Manpower
16. Ministry of Law
17. Ministry of National Development
18. Ministry of Trade and Industry
19. Parliament
20. Presidential Councils
21. Prime Minister's Office
22. Public Service Commission
23. Ministry of Defence

This Chapter will generally apply to purchases by the Singapore Ministry of Defence of the following FSC categories (others being excluded) subject to the Government of Singapore's determinations under the provision of Article 9.20 (Exceptions).

FSC Description

Notes to Singapore's Schedule

str. 791. This Chapter shall not apply to any procurement in respect of:
2. (a) construction contracts for chanceries abroad and headquarters buildings made by the Ministry of Foreign Affairs; and
3. (b) contracts made by the Internal Security Department, Criminal Investigation Department, Security Branch and Central Narcotics Bureau of the Ministry of Home Affairs as well as procurement that have security considerations made by the Ministry. 2. This Chapter shall not apply to any procurement made by a covered entity on behalf of a non covered entity.

SECTION B: SUB CENTRAL LEVEL OF GOVERNMENT ENTITIES

str. 79This Chapter covers procurement only by those entities listed in this Schedule.

Peru's Schedule [2] A 2

str. 791. Gobierno Regional de Amazonas (Regional Government of Amazonas)
2. Gobierno Regional de Ancash (Regional Government of Ancash)
3. Gobierno Regional de Arequipa (Regional Government of Arequipa)
4. Gobierno Regional de Ayacucho (Regional Government of Ayacucho)
5. Gobierno Regional de Apurimac (Regional Government of Apurimac)
6. Gobierno Regional de Cajamarca (Regional Government of Cajamarca)
7. Gobierno Regional del Callao (Regional Government of Callao)
8. Gobierno Regional de Cusco (Regional Government of Cusco)
9. Gobierno Regional de Ica (Regional Government of Ica)
10. Gobierno Regional de Huancavelica (Regional Government of Huancavelica)
11. Gobierno Regional de Huánuco Regional Government of Huancuco)
12. Gobierno Regional de Junín (Regional Government of Junin)
13. Gobierno Regional de la Libertad (Regional Government of La Libertad)
14. Gobierno Regional de Lambayeque (Regional Government of Lambayeque)
15. Gobierno Regional de Lima (Regional Government of Lima)
16.

str. 80Gobierno Regional de Loreto (Regional Government of Loreto)

17. Gobierno Regional de Madre de Dios (Regional Government of Madre de Dios)
18. Gobierno Regional de Moquegua (Regional Government of Moquegua)
19. Gobierno Regional de Pasco (Regional Government of Pasco)
20. Gobierno Regional de Piura (Regional Government of Piura)
21. Gobierno Regional de Puno (Regional Government of Puno)
22. Gobierno Regional de San Martín (Regional Government of San Martin)
23. Gobierno Regional de Tacna (Regional Government of Tacna)
24. Gobierno Regional de Tumbes (Regional Government of Tumbes)
25. Gobierno Regional de Ucayali (Regional Government of Ucayali) Singapore's Schedule

Non applicable for Singapore (Singapore does not have any Sub Central Governments).

SECTION C: OTHER COVERED ENTITIES

str. 80Unless otherwise specified herein, this Chapter covers only the entities listed in this Section.

Peru's Schedule [3] A 3

str. 801. Agro Banco (Agriculture Bank)
2. Banco de la Nación (National Bank)
3. Banco de Materiales (Bank of Materials)
4. Compañía de Negociaciones Mobiliarias e Inmobiliarias S.A. (Negotiation Company of Real State and Movible Property)
5. Corporación Financiera de Desarrollo S.A. (Finantial Corporation of Development)
6. Corporación Peruana de Aeropuertos y Aviación Civil S.A.
7. (CORPAC) (Peruvian Corporation of Airports and Civil Aviation) (CORPAC)
7. Electricidad del Perú S.A. (ELECTROPERU) (Electricity Company of Peru)
8. Empresa Eléctrica del Sur S.A. (Electricity Company of the South)
9. Empresa de Administración de Infraestructura Eléctrica S.A. (Administration Company of Electric Infraestructure)
10. Empresa de Generación Eléctrica de Machupicchu (Hydro Power Company of Machupicchu)
11. Empresa Nacional de la Coca S.A. (ENACO) (National Company of the Coca)
12. Empresa Nacional de Puertos S.A. (ENAPU) (Peru National Harbours Company) (ENAPU)
13.

str. 81Empresa Peruana de Servicios Editoriales (Peruvian Company of Publishing Services)

14. Empresa Regional de Servicios Públicos de Electricidad del Oriente (Regional Company of Electricity Public Services of the Orient)
15. Empresa Regional de Servicios Públicos de Electricidad del Sur Este S.A. (Regional Company of Electricity Public Services of the South East)
16. Inmobiliaria Milenia S.A. (INMISA) (Real State Company Milenia)
17. PERUPETRO
18. Petróleos del Perú (PETROPERU) (Peru´s Oil Company) (Note 1)
19. Servicio de Agua Potable y Alcantarillado de Lima (SEDAPAL) (Potable Water and Sewerage Service of Lima)
20. Servicio Industrial de la Marina (SIMA) (Naval Industrial Services)
21. Servicios Postales del Perú S.A (Peru Postal Services)
22. Sociedad Eléctrica del Sur Oeste (Electric Company of the South West)
23. Transportes Aéreos Nacionales de Selva (TANS) (National Air Transport Company of the Forest)

Notes to Peru's Schedule

str. 811. Petróleos del Perú (PETROPERU) (Peru's Oil Company): This

- Chapter does not cover the procurement of the following goods:
- (a) Crude Petroleum
- (b) Gasoline
- (c) Propane
- (d) Diesel oil
- (e) Butane
- (f) Low sulfur medium distillation or Gasoil
- (g) Natural gas
- (h) Bio diesel
- (i) Saturated acyclic hydrocarbons
- (j) Catalyzers
- (k) Ethanol
- (l) Additives

Singapore's Schedule

str. 811. Agency for Science, Technology and Research
2. Board of Architects
3. Civil Aviation Authority of Singapore
4. Building and Construction Authority
5. Economic Development Board
6. Housing and Development Board
7. Info communications Development Authority of Singapore
8.

str. 82Inland Revenue Authority of Singapore

9. International Enterprise Singapore

str. 8210. Land Transport Authority of Singapore
11. Jurong Town Corporation
12. Maritime and Port Authority of Singapore
13. Monetary Authority of Singapore
14. National Parks Board
15. Preservation of Monuments Board
16. Professional Engineers Board
17. Public Transport Council
18. Sentosa Development Corporation
19. Media Development Authority
20. Singapore Tourism Board
21. Standards, Productivity and Innovation Board
22. Urban Redevelopment Authority

Notes to Singapore's Schedule

str. 82This Chapter shall not apply to any procurement made by a covered entity on behalf of a non covered entity.

SECTION D: GOODS

str. 82This Chapter applies to all goods procured by the entities listed in Sections A through C, subject to the Notes to the respective Sections, the General Notes and Section H.

SECTION E: SERVICES

str. 82This Chapter applies to all services procured by the entities listed in Sections A through C, subject to the Notes to the respective Sections, the General Notes, Section H and the Notes to this Section, except for the services excluded in each Party's Schedule. All services covered by this Section are subject to the existing measures listed in each Reservations for Existing Measures and Liberalisation Commitments), 11C (Singapore

Party's Schedule in Annexes 11B (Peru Cross Border Trade in Services and Investment Cross Border Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments), 11D (Peru Cross Border Trade in Services and Investment Reservations for Future Measures) and 11E (Singapore Cross Border Trade in Services and Investment Reservations for Future Measures).

Peru's Schedule

str. 82This Chapter applies to all services except the following services, as elaborated in the Central Product Classification Version 1.l. (For complete listing of Central Product Classification Version 1.l, see http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=3):

str. 83CPC 8221 Accounting and auditing services

CPC 8321 Architectural services

CPC 8334 Engineering and design services

CPC 8335 Engineering services during construction and installation phase

CPC 82191 Arbitration and Conciliating Services

Singapore's Schedule

str. 84to Agriculture, Forestry, Fishing and Mining, Including Oilfield Services

Notes to Singapore's Schedule

str. 841. The offer regarding services is subject to the limitations and conditions specified in the Government of Singapore's offer under the GATS negotiations. 2. This Chapter shall not apply to any procurement made by a covered entity on behalf of a non covered entity.

SECTION F: CONSTRUCTION SERVICES

Peru's Schedule

str. 84This Chapter applies to all construction services procured by the entities listed in Sections A through C, subject to the Notes to the respective Sections, the General Notes, Section H and the Notes to this Section, except for the services excluded in each Party's Schedule. All construction services covered by this Section are subject to the existing measures listed in each Party's Schedule in Annex 11B (Peru Cross Border Trade in Services and Investment Reservations for Existing

Measures and Liberalisation Commitments), 11C (Singapore Cross

Border Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments), 11D (Peru Cross Border Trade in Services and Investment Reservations for Future Measures) and 11E (Singapore Cross Border Trade in Services and Investment Reservations for Future Measures).

Singapore's Schedule

str. 85Building completion and finishing work

511, 515, 518

Others

Notes to Singapore's Schedule

str. 851. The offer regarding construction services is subject to the limitations and conditions specified in the Government of Singapore's offer under the GATS negotiations. 2. This Chapter shall not apply to any procurement made by a covered entity on behalf of a non covered entity.

SECTION G: GENERAL NOTES

str. 85Unless otherwise specified herein, the following General Notes in each Party's Schedule apply without exception to this Chapter, including to all sections of this Annex.

Peru's Schedule

str. 851. This Chapter does not apply to procurement programs on behalf of small and micro sized companies. 2. This Chapter does not apply to the procurement of goods for food assistance programs. 3. This Chapter does not apply to procurement by one Peruvian entity of a good or service from another Peruvian entity. 4. This Chapter does not apply to the acquisition of weavings and clothing made with alpaca and llama fibres. 5. This Chapter does not apply to procurement by the Embassies, Consulates and other missions of the foreign service of Peru, exclusively for their operation and management.

SECTION H: THRESHOLDS

str. 85Goods and services for entities set out in Sections A and B: SDR 130,000

Goods and services for entities set out in Section C: SDR 400,000; and

Construction services: SDR 5,000,000

1. The thresholds shall be adjusted at two year intervals with each adjustment taking effect on January 1, beginning on January 1, 2008.

str. 862. Thresholds shall be converted to the respective national currencies in accordance with the following provisions:
3. (a) Each Party will calculate and convert for itself the value of the thresholds into its own national currency. These calculations will be based on the conversion rates published by the IMF in its monthly "International Financial Statistics". Each Party will notify without delay to the other Party the result of their calculation. 4. (b) The conversion rates will be the average of the daily values of the respective national currency in terms of the SDR over the two year period preceding 1 October or 1 November of the year prior to the thresholds in national currency becoming effective which will be from 1 January. 5. (c) Thresholds expressed in national currencies will be fixed for two years, i.e. calendar years. The two year period will be tied to Singapore's notification to the WTO GPA. 6. (d) If a major change in a national currency vis à vis the SDR during a year were to create a significant problem with regard to the application of the Chapter, the matter will be considered by the Parties. - [1] A 1 The Parties understand that the English language names of the procuring entities listed in Peru's Schedule are not official translations. They are provided exclusively for the convenience of readers unfamiliar with the Spanish language. For official purposes, Peru shall cite and publish the official Spanish language names of its procuring entities. [2] A 2 The Parties understand that the English language names of the procuring entities listed in Peru's Schedule are not official translations. They are provided exclusively for the convenience of readers unfamiliar with the Spanish language. For official purposes, Peru shall cite and publish the official Spanish language names of its procuring entities. - [3] A 3 The Parties understand that the English language names of the procuring entities listed in Peru's Schedule are not official translations. They are provided exclusively for the convenience of readers unfamiliar with the Spanish language. For official purposes, Peru shall cite and publish the official Spanish language names of its procuring entities. CHAPTER 10 : INVESTMENT

ARTICLE 10.1 : DEFINITIONS

str. 86For the purposes of this Chapter, it is understood that:

1.

ARTICLE 10.2 : SCOPE AND COVERAGE

str. 89This Chapter applies to measures adopted or maintained by a Party relating to:
2. (a) investors of the other Party;
3. (b) investments of investors of the other Party, made, in the process of being made, or sought to be made, in the territory of the former Party;
4. (c) with respect to Article 10.7 (Performance Requirements), all the investments in the territory of the Party. 2. This Chapter shall not apply to:
6. (a) any taxation measure unless otherwise provided;
7. (b) government procurement; and
8. (c) services supplied in the exercise of governmental authority within the territory of respective Party. 3. In the event of any inconsistency between this Chapter and another Chapter, the other Chapter shall prevail over this Chapter to the extent of the inconsistency. 4. This Chapter does not apply to measures adopted by a Party in respect of investors of the other Party and investments of such investors in the financial institutions in the other Party, except for the following provisions:

Article 10.8 (Investment and Environment);

Article 10.9 (Special Formalities and Information Requirements);

Article 10.10 (Expropriation and Nationalisation);

Article 10.11 (Transfers);

Article 10.12 (Restrictions to Safeguard the Balance of Payments);

Article 10.13 (Senior Management and Board of Directors);

Article 10.15 (Denial of Benefits); and

Article 10.17 (Investor State Dispute Settlement);

str. 895. The requirement by a Party that a service provider of the other Party post a bond or other form of financial security as a condition of providing a service into its territory does not of itself make this Chapter applicable to the provision of that cross border service. This Chapter applies to that Party's treatment of the posted bond or financial security. 6. This Chapter does not apply to claims arising out of events which occurred, or claims which had been raised, prior to the entry into force of this Agreement [5] 5



.

ARTICLE 10.3 : NATIONAL TREATMENT

str. 90Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to investments of investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investments in its territory of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

ARTICLE 10.4 : MOST FAVOURED NATION TREATMENT

str. 901. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investors of any non Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to investments of investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investments in its territory of investors of any other Party or of any non Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

ARTICLE 10.5 : MINIMUM STANDARD OF TREATMENT

str. 901. Each Party shall accord to investments of investors of the other Party treatment in accordance with customary international law minimum standard of treatment of aliens [6] 6 , including fair and equitable treatment and full protection and security. 2. The concepts of fair and equitable treatment and full protection and security in paragraph 1 do not require treatment in addition to or beyond that which is required by the customary international law minimum standard of treatment of aliens and do not create additional substantive rights. 3. (a) The obligation to provide fair and equitable treatment includes the obligation not to deny justice in criminal, civil or administrative adjudicatory proceedings. 4. (b) The obligation to provide full protection and security requires each Party to provide the level of police protection required under customary international law.

str. 913. A determination that there has been a breach of another provision of this Agreement, or of a separate international agreement, does not establish that there has been a breach of this Article.

ARTICLE 10.6 : TREATMENT IN CASE OF STRIFE

str. 911. Each Party shall accord to investors of the other Party, and to investments of investors of the other Party, non discriminatory treatment with respect to measures it adopts or maintains relating to losses suffered by investments in its territory owing to armed conflict or civil strife. 2. Paragraph 1 does not apply to existing measures relating to subsidies or grants, or to any conditions attached to the receipt or continued receipt of such subsidies or grants, whether or not such subsidies or grants are offered exclusively to investors of the Party or investments of investors of the Party, that would be inconsistent with Article 10.3 (National Treatment) and Article 10.4 (Most Favoured

Nation Treatment) but for Article 10.14 (Non Conforming Measures).

ARTICLE 10.7 : PERFORMANCE REQUIREMENTS

str. 911. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a

Party or of a non Party in its territory:

- (a) to export a given level or percentage of goods or services;
- (b) to achieve a given level or percentage of domestic content;
- (c) to purchase, use or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
- (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;

- (e) to restrict sales of goods or services in its territory that such investment produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
- (f) to transfer a particular technology, production process or other proprietary knowledge to a person in its territory

str. 92[7] 7 ; or
- (g) to supply exclusively from the territory of the Party the goods that it produces or the services that it provides to a specific regional market or to the world market. 2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non Party, on compliance with any of the following requirements:
- (a) to achieve a given level or percentage of domestic content;
- (b) to purchase, use or accord a preference to goods produced in its territory or to purchase goods from persons in its territory;
- (c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
- (d) to restrict sales of goods or services in its territory that such investment produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings. 3. (a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non Party, on compliance with a requirement to locate production, provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory. - (b) The provisions of paragraph 1(f) do not apply:

(i) when a party authorizes use of an intellectual property right in accordance with Article 31 of the TRIPS Agreement [8] 8 , and to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with Article 39 of the TRIPS Agreement; or

- (ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal or competition authority to remedy a practice determined after judicial or
- administrative process to be anti competitive under the Party's competition laws.

str. 93- (c) Provided that such measures are not applied in an arbitrary, discriminatory or unjustifiable manner, and provided that such measures do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and
- (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
- (i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
- (ii) necessary to protect human, animal, or plant life or health; or
- (iii) necessary to the conservation of living or non living exhaustible natural resources. - (d) Paragraphs (1)(a), (b) and (c), and (2)(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programmes. - (e) The provisions of paragraphs (2)(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas. 4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs. 5. Nothing in this Article shall be construed so as to derogate from the rights and obligations of the Parties under the TRIMS Agreement. 6. This Article does not preclude the application of any commitment, undertaking or requirement between private parties, where a Party did not impose or require the commitment, undertaking or requirement.

ARTICLE 10.8 : INVESTMENT AND ENVIRONMENT

str. 93Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining, or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental concerns.

ARTICLE 10.9 : SPECIAL FORMALITIES AND INFORMATION REQUIREMENTS 1. Nothing in Article 10.3 (National Treatment) shall be construed to prevent a Party from adopting or maintaining a measure that prescribes special formalities in connection with investments of an investor of a Party, such as that investments of an investor of a Party be legally constituted under the laws or regulations of the Party, provided that such formalities do not materially impair the protections afforded by a Party to investors of the other Party and investments of an investor of the other Party pursuant to this Chapter. Parties shall endeavour to exchange information on any existing special formalities, and shall endeavour to inform each other of any special formalities that may be prescribed in the future.

str. 942. Notwithstanding Article 10.3 (National Treatment) and Article 10.4 (Most Favoured Nation Treatment), a Party may require an investor of the other Party or investment of an investor of the other Party to provide information concerning that investment solely for informational or statistical purposes. The Party shall protect any confidential business information from any disclosure that would prejudice the competitive position of the investor or the investment of an investor of a Party. Nothing in this paragraph shall be construed to prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its law.

ARTICLE 10.10 : EXPROPRIATION AND NATIONALISATION

str. 941. Neither Party shall nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as 'expropriation') the investments of investors of the other Party unless such a measure is taken on a non discriminatory basis, for a public purpose [9] 9 , in accordance with due process of law, and upon payment of compensation in accordance with this Article. 2. The expropriation shall be accompanied by the payment of prompt, adequate and effective compensation. Compensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriation or impending expropriation became public knowledge. Compensation shall carry an appropriate interest, taking into account the length of time from the time of expropriation until the time of payment. Such compensation shall be effectively realisable, freely transferable in accordance with Article 10.11 (Transfers) and made without delay. 3. Notwithstanding paragraphs 1 and 2, any measure of expropriation relating to land, which shall be as defined in the existing domestic legislation of the expropriating Party on the date of entry into force of this Agreement, shall be for a purpose and upon payment of compensation in accordance with the aforesaid legislation and any subsequent

amendments thereto relating to the amount of compensation where such amendments follow the general trends in the market value of the land. 4. This Article does not apply to the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with the TRIPS Agreement.

ARTICLE 10.11 : TRANSFERS

str. 951. Each Party shall permit all transfers relating to investments in its territory of an investor of the other Party to be made freely and without delay into and out of its territory. Such transfers include:
2. (a) contributions to capital;
3. (b) profits, dividends, capital gains, and proceeds from the sale of all or any part of the investment or from the partial or complete liquidation of the investment;
4. (c) interest, royalty payments, management fees, and technical assistance and other fees;
5. (d) payments made under a contract entered into by the investor, or its investment, including payments made pursuant to a loan agreement;
6. (e) payments made pursuant to Article 10.10 (Expropriation and Nationalisation) and 10.6 (Subrogation); and
7. (f) payments arising under Article 10.17 (Investor State Dispute Settlement). 2. Each Party shall permit such transfers to be made in a freely usable currency at the market rate of exchange prevailing at the time of transfer. 3. Each Party shall permit returns in kind relating to an investment of investors of the other Party to be made as authorized or specified in any written agreement between the Party and an investment by an investor of the other Party, or an investor of the other Party. 4. Notwithstanding paragraphs 1, 2 and 3, a Party may prevent a transfer through the equitable, non discriminatory, and good faith application of its laws relating to:
11. (a) bankruptcy, insolvency, or the protection of the rights of creditors;
12. (b) issuing, trading, or dealing in securities, futures, options, or derivatives;
13.

str. 96(c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; 14. (d) criminal or penal offences;
15. (e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or
16. (f) social security, public retirement or compulsory savings schemes. 5. Nothing in this Chapter shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its obligations under this Chapter regarding such transactions, except under Article 10.12 (Restrictions to Safeguard the Balance of Payments) or at the request of the Fund.

ARTICLE 10.12 : RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS

str. 961. In the event of serious balance of payments and external financial difficulties or threat thereof, a Party may adopt or maintain restrictions on payments or transfers related to investments. It is recognized that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions to ensure, inter alia , the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development. 2. The restrictions referred to in paragraph 1 shall:
3. (a) be consistent with the Articles of Agreement of the International Monetary Fund;
4. (b) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;
5. (c) not exceed those necessary to deal with the circumstances described in paragraph 1;
6. (d) be temporary and be phased out progressively as the situation specified in paragraph 1 improves;
7. (e) be applied on a national treatment basis and such that the other Party is treated no less favourably than any non Party. 3. Any restrictions adopted or maintained under paragraph 1, or any changes therein, shall be promptly notified to the other Party. 4. The Party adopting any restrictions under paragraph 1 shall commence consultations with the other Party in order to review the restrictions adopted by it.

ARTICLE 10.13: SENIOR MANAGEMENT AND BOARD OF DIRECTORS

str. 97Neither Party may require that an enterprise of that Party that is an investment of an investor of the other Party appoint to senior management positions individuals of any particular nationality. 2. A Party may require that a majority of the board of directors, or any committee thereof, of an enterprise of that Party that is an investment of an investor of the other Party, be of a particular nationality, or resident in the territory of the Party, provided that the requirement does not materially impair the ability of the investor of the other Party to exercise control over its investment.

ARTICLE 10.14 : NON CONFORMING MEASURES

str. 971. Article 10.3 (National Treatment), Article 10.4 (Most Favoured Nation Treatment), Article 10.7 (Performance Requirements) and Article 10.13 (Senior Management and Board of Directors) do not apply to:
2. (a) any existing non conforming measure that is maintained by a Party in regard to investment and investors at:
3. (i) the central level of government, as set out by that Party in Annex 11B (Peru's Cross Border Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments) and Annex 11C (Singapore's Cross Border Trade in Services and Investment Reservations for Existing Measures and
4. Liberalisation Commitments), as applicable to the Party;
5. (ii) a regional level of government, as set out by that Party in Annex 11B (Peru's Cross Border Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments) and Annex 11C (Singapore's Cross Border Trade in
6. Services and Investment Reservations for Existing Measures and Liberalisation Commitments), as applicable to the Party; or
7. (ii) a local level of government;

- (b) the continuation or prompt renewal of any non conforming measure referred to in subparagraph (a); or
- (c) an amendment to any non conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Article 10.3 (National Treatment), Article 10.4 (Most Favoured Nation Treatment), Article 10.7 (Performance Requirements) and Article 10.13 (Senior Management and Board of Directors). 2. Article 10.3 (National Treatment), Article

str. 9810.4 (Most Favoured Nation Treatment), Article 10.7 (Performance Requirements) and Article 10.13 (Senior Management and Board of Directors) do not apply to any measure that a Party adopts or maintains in regard to investments and investors with respect to sectors, sub sectors, or activities, as set out in Annex 11D (Peru's Cross Border Trade in Services and Investment Reservations for Future Measures) and Annex 11E (Singapore's Cross Border Trade in Services and Investment Reservations for Future Measures), as applicable to the Party. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by Annex 11D (Peru's Cross Border Trade in Services and Investment Reservations for Future Measures) and Annex 11E (Singapore's Cross Border Trade in Services and Investment Reservations for Future Measures), as applicable to the Party, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Article10.3 (National Treatment), Article 10.4 (Most Favoured Nation Treatment) and Article 10.13 (Senior Management and Board of Directors) shall not apply to subsidies or grants provided by a Party or to any conditions attached to the receipt or continued receipt of such subsidies or grants, whether or not such subsidies or grants are offered exclusively to investors of the Party or investments of investors of the Party, including government supported loans, guarantees and insurance. 5. Article 10.3 (National Treatment) and Article 10.4 (Most Favoured Nation Treatment) do not apply to any measure that is an exception to, or derogation from, a Party's obligations under the TRIPS Agreement, as specifically provided for in that Agreement.

ARTICLE 10.15 : DENIAL OF BENEFITS

str. 98Subject to prior notification and consultation according to the procedures set out in Article 17.4 (Consultations), a Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such Party and to investments of such an investor where the Party establishes that the enterprise is owned or controlled by persons of a non Party, or of the denying Party, and has no substantive business operations in the territory of the other Party.

ARTICLE 10.16: SUBROGATION 1. If a Party or a designated agency of a Party makes a payment to any of its investors under a guarantee, a contract of insurance or other form of indemnity it has granted in respect of an investment of an investor of that Party, the other Party shall recognise the subrogation or transfer of any right or title in respect of such investment. The subrogated or transferred right or claim shall not be greater than the original right or claim of the investor.

str. 992. Where a Party or a designated agency of a Party has made a

payment to an investor of that Party and has taken over rights and claims of the investor, that investor shall not, unless authorised to act on behalf of the Party or the designated agency of the Party making the payment, pursue those rights and claims against the other Party.

ARTICLE 10.17 : INVESTOR STATE DISPUTE SETTLEMENT

str. 991. This Article shall apply to disputes between a Party and an investor of the other Party concerning an alleged breach of an obligation of the former under this Chapter which causes loss or damage to the investor or its investment. 2. The parties to the dispute shall initially seek to resolve the dispute by consultations and negotiations. 3. Where the dispute cannot be resolved as provided for under paragraph 2 within six (6) months from the date of a request for consultations and negotiations, then, unless the disputing investor and the disputing Party agree otherwise, or if the investor concerned has already submitted the dispute for resolution before the courts or administrative tribunals of the disputing Party, or if the dispute is already otherwise subject to other binding dispute settlement proceedings (excluding proceedings for interim measures of protection referred to in paragraph 5 below), the investor concerned may submit the dispute for settlement to:
4. (a) ICSID for conciliation or arbitration pursuant to Articles 28 or 36 of the ICSID Convention, if both Parties are parties to the ICSID Convention;
5. (b) arbitration under the UNCITRAL Arbitration Rules; or
6. (c) any other arbitration institution or under any other arbitration rules, if the disputing investor and the disputing Party agree. 4. Each Party hereby consents to the submission of a dispute to conciliation or arbitration under paragraphs 3(a) to 3(c) in accordance with the provisions of this Article, conditional upon 10 10 :
8.

str. 100(a) the submission of the dispute to such conciliation or arbitration taking place within three (3) years of the time at which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment; 9. (b) the disputing investor providing written notice ('notice of intent'), which shall be submitted at least thirty (30) days before the claim is submitted, to the disputing Party of its intent to submit the dispute to such conciliation or arbitration and which: 10 11
10. (i) states the name and address of the disputing investor and, where a claim is submitted on behalf of an enterprise, the name, address, and place of incorporation of the enterprise;
11. (ii) nominates either paragraph 3(a), 3(b) or 3(c) of this Article as the forum for dispute settlement (and, in the case of ICSID, nominates whether conciliation or arbitration is being sought);

10 10 For greater certainty, it is understood that this is without prejudice to a Party making any preliminary objection (including, where applicable, seeking reasonable costs and legal fees incurred) to the dispute settlement forum concerned on jurisdictional grounds or on grounds that the claimant's claim is frivolous. 10 11 The request for consultations and negotiations and the notice of intent should be referred to the competent authorities of the disputing Party, as follows:

For Peru: Dirección

General

de Asuntos

Internacional,

Competencia e Inversión Privada Ministerio de Economía y Finanzas Jirón Lampa # 277 piso 5 Lima 1, PERÚ

de Economía

For Singapore: FTA Coordinator appointed pursuant to Article 16.2 (Free Trade Agreement Coordinators). - (iii) waives its right to initiate any proceedings (excluding proceedings for interim measures of protection referred to in paragraph 5) before any of the other dispute settlement fora referred to in paragraph 3 in relation to the matter under dispute;
- (iv) for each claim, briefly summarises the alleged breach of the disputing Party under this Chapter, including the articles alleged to have been breached, and its legal and factual basis; and
- (v) states the approximate amount of loss or damage allegedly caused to the disputing investor or its investment. 5.

str. 100Neither Party shall prevent the disputing investor from seeking interim measures of protection, not involving the payment of damages or resolution of the substance of the matter in dispute before the courts or administrative tribunals of the disputing Party, prior to the institution of proceedings before any of the dispute settlement fora referred to in paragraph 3, for the preservation of its rights and interests.

str. 1016. Neither Party shall give diplomatic protection, or bring an international claim, in respect of a dispute which one of its investors and the other Party shall have consented to submit or have submitted to conciliation or arbitration under this Article, unless such other Party has failed to abide by and comply with the award rendered in such dispute. Diplomatic protection, for the purposes of this paragraph, shall not include informal diplomatic exchanges for the sole purpose of facilitating settlement of the dispute. 7. The responsibility among the Parties for the assumption of expenses derived from their participation in the arbitration or conciliation shall be established:
- (a) by the arbitration or conciliation institution which the dispute has been submitted to, according to its rules of procedure for arbitration or conciliation proceedings; or
- (b) according to the rules of procedure for arbitration or conciliation proceedings agreed by the disputing investor and the disputing Party, where applicable.

ARTICLE 10.18 : PUBLIC DEBT

str. 1011. The Parties recognize that the purchase of debt issued by a Party entails commercial risk. For greater certainty, no award may be made in favour of a disputing investor for a claim with respect to default or non payment of debt issued by a Party unless the disputing investor meets its burden of proving that such default or non payment constitutes an uncompensated expropriation for purposes of Article 10.10 (Expropriation and Nationalisation) or a breach of any other obligation under this Chapter. 2. No claim that a restructuring of debt issued by a Party breaches an obligation under this Chapter may be submitted to, or if already submitted continue in, arbitration under this Chapter if the restructuring is a negotiated restructuring at the time of submission, or becomes a negotiated restructuring after such submission, except for a claim that the restructuring violates Article 10.3 (National Treatment) or Article 10.4 (Most Favoured Nation Treatment). 3. Subject to paragraph 2, an investor of the other Party may not submit a claim under this Chapter that a restructuring of debt issued by a

Party breaches an obligation under this Chapter (other than Article 10.3 (National Treatment) or 10.4 (Most Favoured Nation Treatment)) unless two hundred and seventy (270) days have elapsed from the date of the events giving rise to the claim.

In the event that this Agreement is terminated, the following provisions shall continue in effect with respect to investments made or acquired before the date of termination of this Agreement for a further period of fifteen (15) years after the date of termination and without prejudice to the application thereafter of the rules of general international law:

- (a) the provisions of this Chapter except Article 10.14 (Non Conforming Measures) and the commitments contained in Annex 11B (Peru's Cross Border Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments), Annex 11C (Singapore's Cross Border Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments), Annex 11D (Peru's Cross Border Trade in Services and Investment Reservations for Future Measures) and Annex 11E (Singapore's Cross Border Trade in Services and Investment Reservations for Future Measures) in regard to investments and investors;
- (b) the provisions in Chapter 17 (Dispute Settlement); and
- (c) such other provisions in the Agreement as may be necessary for or consequential to the application of this Chapter.

ARTICLE 10.20 : TERM OF THE BILATERAL INVESTMENT TREATY

ARTICLE 11.2 : SCOPE AND COVERAGE

str. 1041. (a) This Chapter applies to measures adopted or maintained by a Party affecting cross border trade in services by service suppliers of the other Party. 2. (b) Measures covered by sub paragraph (a) include measures affecting:
3. (i) the production, distribution, marketing, sale and delivery of a service;
4. (ii) the purchase or use of, or payment for, a service;
5. (iii) the access to and use of distribution, transport, or telecommunications networks and services in connection with the supply of a service;
6. (iv) the presence in its territory of a service supplier of the other Party; and
7. (v) the provision of a bond or other form of financial security as a condition for the supply of a service.

str. 105- (c) For purposes of this Chapter, measures adopted or maintained by a Party means measures adopted or maintained by:
- (i) central, regional or local governments and authorities; and
- ( ii) non governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities. 2. Articles 11.5 (Market Access), Article 11.8 (Domestic Regulation) and Article 11.13 (Transparency) also apply to measures by a Party affecting the supply of a service in its territory by an investor of the other

Party or an investment of an investor of the other Party 3 . 3. This Chapter does not apply to:
2. (a) government procurement as defined in Article 9.3 (Scope and Coverage);
3. (b) air services 4 , including domestic and international air transportation services, whether scheduled or non scheduled, and related services in support of air services, other than:
4. (i) aircraft repair and maintenance services;
5. (ii) the selling and marketing of air transport services; and
6. (iii) computer reservation system ('CRS') services; or
7. (c) subsidies 5 or grants provided by a Party or public enterprises, including government supported loans, guarantees, and insurances. If the results of the negotiations related to Article XV.1 of the GATS (or the results of any similar negotiations undertaken in other multilateral forum in which each of the Parties participate) enter into effect, this Chapter shall be amended, as appropriate, after consultations among the Parties, to bring those results into effect under this Agreement. The Parties shall coordinate on such negotiations, as appropriate. 4. This Chapter does not impose any obligation on a Party with respect to a national of the other Party seeking access to its employment market, or employed on a permanent basis in its territory, and does not confer any right on that national with respect to that access or employment. 5. (a) This Chapter does not apply to services supplied in the exercise of governmental authority in a Party's territory. 3. (b) For purposes of this Chapter, a service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers. 6.

str. 106Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of nationals of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of

nationals of the other Party across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this Chapter. 6

7. This Chapter does not apply to measures affecting the supply of financial services 7 as defined in paragraph 5(a) of the GATS Annex on Financial Services. The obligations of each Party with respect to measures affecting the supply of financial services shall be in accordance with its obligations under GATS, the GATS Annex on Financial Services and the GATS Second Annex on Financial Services, and subject to any

reservations thereto. The said obligations are hereby incorporated into this Agreement. 8. In addition to the provisions of this Chapter, the rights and obligations of the Parties in respect of telecommunication services shall also be governed by the provisions of:
2. (a) the GATS Annex on Telecommunication Services; and
3. (b) the GATS Reference Paper developed in the Negotiating Group on Basic Telecommunications attached to each Party's GATS schedules of commitments

which are hereby incorporated into this Chapter, mutatis mutandis, as if those provisions were fully set out herein.

ARTICLE 11.3 : NATIONAL TREATMENT

str. 106Each Party shall accord to service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to its own service suppliers.

ARTICLE 11.4 : MOST FAVOURED NATION TREATMENT

str. 106Each Party shall accord to service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to service suppliers of a non Party.

ARTICLE 11.5 : MARKET ACCESS

str. 1061. A Party shall not adopt or maintain, either on the basis of a regional subdivision or on the basis of its entire territory, measures that:
2. (a) impose limitations on:
3. (i) the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs
4. test;
5. (ii) the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
6. (iii) the total number of service operations or the total quantity of services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test 8 ;
7.

str. 107(iv) the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related

- to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; and

str. 107- (b) restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.

ARTICLE 11.6 : LOCAL PRESENCE

str. 107A Party shall not require a service supplier of the other Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross border supply of a service.

ARTICLE 11.7 : NON CONFORMING MEASURES

str. 1071. Article 11.3 (National Treatment), Article 11.4 (Most Favoured Nation Treatment), Article 11.5 (Market Access) and Article 11.6 (Local Presence) do not apply to:
2. (a) any existing non conforming measure that is maintained by

a Party at:

- (i) the central level of government, as set out by that Party in its Schedule to Annex 11B (Peru's Cross Border Trade in Services and Investment Reservations for Existing Measures and

Liberalisation Commitments) and 11C (Singapore's

Cross Border Trade in Services and Investment

Reservations for Existing Measures and Liberalisation Commitments), respectively;

- (ii) a regional level of government, as set out by that Party in its Schedule to Annex 11B (Peru's Cross Border Trade in Services and Investment Reservations for Existing Measures and

Liberalisation Commitments) and 11C (Singapore's Cross Border Trade in Services and Investment Reservations for Existing Measures and

Liberalisation Commitments), respectively; or

- (iii) a local level of government;
- (b) the continuation or prompt renewal of any non conforming measure referred to in sub paragraph (a); or
- (c) an amendment to any non conforming measure referred to in sub paragraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Article 11.3 (National Treatment), Article 11.4 (Most Favoured Nation Treatment), Article 11.5 (Market Access), and Article 11.6 (Local Presence). 2. Article 11.3 (National Treatment), Article 11.4 (Most Favoured Nation Treatment), Article 11.5 (Market Access) and Article 11.6 (Local Presence) do not apply to any measure that a Party adopts or maintains with respect to sectors, sub sectors or activities as set out in its Schedule to Annex 11D (Peru's Cross Border Trade in Services and Investment

Reservations for Future Measures) and 11E (Singapore's Cross Border Trade in Services and Investment Reservations for Future Measures), respectively.

ARTICLE 11.8 : DOMESTIC REGULATION

str. 1071. Where a Party requires authorization for the supply of a service, the Party's competent authorities shall, within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application. This obligation shall not apply to authorization requirements that are within the scope of paragraph 2 of Article 11.7 (Non Conforming Measures). 2. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, each Party shall endeavour to ensure, as appropriate for individual sectors, that such measures are:
3. (a) based on objective and transparent criteria, such as competence and the ability to supply the service;
4. (b) not more burdensome than necessary to ensure the quality of the service; and
5. (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. 3. If the results of the negotiations related to Article VI:4 of GATS (or the results of any similar negotiations undertaken in other multilateral fora in which both Parties participate) enter into effect, this Article shall be amended, as appropriate, after consultations between the Parties, to bring those results into effect under this Agreement. The Parties agree to coordinate on such negotiations, as appropriate.

ARTICLE 11.9 : RECOGNITION

str. 1081. For the purposes of the fulfillment, in whole or in part, of its standards or criteria for the authorization, licensing or certification of services suppliers, and subject to the requirements of paragraph 4, a Party may recognize the education or experience obtained, requirements met, or licences or certifications granted in a particular country, including the other Party and non Parties. Such recognition, which may be achieved through harmonization or otherwise, may be based upon an agreement or arrangement with the country concerned or may be accorded autonomously. 2. Where a Party recognizes, autonomously or by agreement or arrangement, the education or experience obtained, requirements met, or licenses or certifications granted in the territory of a non Party, nothing in Article 11.4 (Most Favoured Nation Treatment) shall be construed to require the Party to accord such recognition to the education or experience obtained, requirements met, or licences or certifications granted in the territory of the other Party. 3. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall afford adequate opportunity for the other Party, if the other Party is interested, to negotiate its accession to such an agreement or arrangement or to negotiate comparable ones with it. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that education, experience, licences or certifications obtained or requirements met in that other Party's territory should be recognized. 4. A Party shall not accord recognition in a manner which would constitute a means of discrimination between countries in the application of its standards or criteria for the authorization, licensing or certification of services suppliers, or a disguised restriction on trade in services. 5. Annex 11A (Professional Services) applies to measures adopted or maintained by a Party relating to the licensing or certification of professional service suppliers as set out in that Annex.

ARTICLE 11.10 : TRANSFERS AND PAYMENTS

str. 1091. Each Party shall permit all transfers and payments relating to the cross border supply of services to be made freely and without delay into and out of its territory. 2. Each Party shall permit such transfers and payments relating to the cross border supply of services to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non discriminatory and good faith application of its laws relating to:
4. (a) bankruptcy, insolvency or the protection of the rights of creditors;
5. (b) issuing, trading or dealing in securities, futures, options, or derivatives;
6. (c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;
7. (d) criminal or penal offences; or
8. (e) ensuring compliance with orders or judgments in judicial or administrative proceedings. 4. Nothing in this Chapter shall affect the rights and obligations of the Members of the International Monetary Fund under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the Articles of Agreement, provided that a Member shall not impose restrictions on any capital transactions inconsisently with its obligations under this Chapter regarding such transactions, except under Article 11.11 (Restrictions to Safeguard the Balance of Payments) or at the request of the Fund.

ARTICLE 11.11 : RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS

str. 1091. In the event of serious balance of payments and external financial difficulties or threat thereof, a Party may adopt or maintain restrictions on cross border trade in services, including payments or transfers for transactions of cross border trade in services. It is recognized that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development. 2. The restrictions referred to in paragraph 1 shall:

- (a) be consistent with the Articles of Agreement of the International Monetary Fund;
- (b) avoid unnecessary damage to the commercial, economic

and financial interests of the other Party;

- (c) not exceed those necessary to deal with the circumstances described in paragraph 1;
- (d) be temporary and be phased out progressively as the

situation specified in paragraph 1 improves;

- (e) be applied on a national treatment basis and such that the other Party is treated no less favourably than any non Party. 3. Any restrictions adopted or maintained under paragraph 1, or any changes therein, shall be promptly notified to the other Party. 4. The Party adopting any restrictions under paragraph 1 shall commence consultations with the other Party in order to review the restrictions adopted by it.

ARTICLE 11.12 : DENIAL OF BENEFITS

str. 110Subject to prior notification and consultation according to the procedures set out in Article 17.4 (Consultations), a Party may deny the benefits of this Chapter to:

- (a) a service supplier of the other Party if the service supplier is an enterprise owned or controlled by persons of a non Party and such enterprise has no substantive business operations in the territory of the other Party; or
- (b) a service supplier of the other Party if the service supplier is an enterprise owned or controlled by persons of the denying Party and such enterprise has no substantive business operations in the territory of the other Party.

ARTICLE 11.13 : TRANSPARENCY

str. 1101. Each Party shall publish promptly or otherwise make publicly available international agreements pertaining to or affecting trade in services to which it is a signatory. International agreements pertaining to or affecting trade in services to which either Party is a signatory shall also be published. 2. Each Party shall maintain or establish appropriate mechanisms for responding to inquiries from interested persons regarding its

regulations relating to the subject matter of this Chapter 9 .

ARTICLE 11.14 : IMPLEMENTATION

str. 110The Parties shall consult whenever the Free Trade Commission convenes under Article 16.1 (The Free Trade Commission) of this Agreement, or as otherwise agreed, to review the implementation of this Chapter and consider other matters of mutual interest affecting trade in services.

str. 111Among other issues, the Parties may consult with a view to determining the feasibility of removing any remaining citizenship or permanent residency requirements forthe supply of services in the territory of each Party. Such consultations may also include consideration of the development of procedures that could contribute to greater transparency of measures described in paragraph 1(c) and paragraph 2 of

Article 11.7 (Non Conforming Measures). ANNEX 11A : PROFESSIONAL SERVICES

Development Of Professional Services Standards

str. 1111. Each Party shall encourage the relevant bodies in its respective territory to develop mutually acceptable standards and criteria for licensing and certification of professional services suppliers, as well as for the mutual recognition of professional degrees. 2. The standards and criteria referred to in paragraph 1 may be developed with regard to the following matters:
3. (a) education - accreditation of schools or academic programs;
4. (b) examinations - qualifying examinations for licensing, including alternative methods of assessment such as oral examinations and interviews;
5. (c) experience - length and nature of experience required for licensing;
6. (d) conduct and ethics - standards of professional conduct and the nature of disciplinary action for non conformity with those standards;
7. (e) professional development and re certification - continuing education and ongoing requirements to maintain professional certification;
8. (f) scope of practice - extent of, or limitations on, permissible activities;
9. (g) local knowledge - requirements for knowledge of such matters as local laws, regulations, language, geography, or climate; and
10. (h) consumer protection - including alternatives to residency requirements, such as bonding, professional liability insurance, and client restitution funds, to provide for the protection of consumers. 3. On receipt of a recommendation referred to in paragraph 1, the Commission shall review the recommendation within a reasonable time to determine whether it is consistent with this Agreement. Based on the Commission's review, each Party shall encourage its respective competent authorities, where appropriate, to implement the recommendation within a mutually agreed time.

Temporary Licensing

str. 1124. For mutually agreed individual professional services, each Party shall encourage the relevant bodies in its territory to develop procedures for the temporary licensing of professional service suppliers of the other Parties.

Revision

str. 1125. The Commission shall review the implementation of this Annex at least once every two (2) years. The Commission will take into account in its revision the different views on regulation that exists between the Parties. Among other issues, one Party could formulate matters related with the elaboration of international rules of pertinent international

organizations related to professional services [1] A 1

. - [1] A 1 Pertinent international organizations refers to international organizations whose membership is open to the corresponding organizations in both Parties. ANNEX 11B : PERU CROSS BORDER TRADE IN SERVICES AND INVESTMENT RESERVATIONS FOR EXISTING MEASURES AND LIBERALISATION COMMITMENTS

HEADNOTE

str. 1121. Where appropriate, non conforming measures are referenced to the Provisional Central Product Classification ('CPC') as set out in the Provisional Central Product Classification (Statistical Papers Series M No.77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York,

1991) ('the UN CPC Code') and on the basis of the Services Sectoral Classification List WTO document MTN.GNS/w/120. 2.

str. 114of a reservation, the measures element of the reservation shall prevail to the extent of the inconsistency. All Sectors

Level of Government: Central

str. 114Measures:

Constitución Política del Perú (1993), artículo 71

Decreto Legislativo N° 757, Diario Oficial 'El Peruano' del 13 de noviembre de 1991, Ley Marco para el Crecimiento de la Inversión Privada, artículo 13

Investment

str. 114No foreign national or entity organized or owned in whole or part, directly or indirectly, by foreign nationals may own, directly or indirectly, by any means, a mine, land, forest, water, fuel, or energy sources located within fifty (50) kilometres of the Peruvian border, under penalty of forfeiture of that right to the Peruvian state. Exceptions may be made by a Supreme Decree approved by the Council of Ministers in conformity with law in cases of expressly declared public necessity. For each case of acquisition or possession within the referred area, the investor shall hand in the correspondent request to the relevant Ministry, pursuant to the rules in force. For example, authorizations of this kind have been given in the mining sector. Fishing and Services related to Fishing

National Treatment (Article 11.3)

Level of Government: Central

str. 114Measures: Decreto Supremo N° 012 2001 PE, Diario Oficial "El Peruano" del 14 de marzo de 2001, Reglamento de la Ley General de Pesca, artículos 67, 68, 69 y 70.

Description:

str. 114Cross Border Trade in Services

Before commencing operations, the owner of a foreign flagged fishing vessel must present an unconditional, irrevocable, stand by letter of credit of solid character and automatic execution to the benefit and satisfaction of the Ministry of Production, with an effect no more than thirty (30) calendar days after the conclusion of the fishing permit, issued by a financial, banking or insurance institution recognized by the 'Superintendencia de Banca y Seguros'. Such letter shall be issued in an amount equal to twenty five (25) percent of the amount that must be paid for fishing rights.

str. 115Foreign flagged fishing vessels, which are not of big scale (according to the regulation above) and operate in Peruvian waters must contain a Satellite Tracking System, except for ship owners in highly migratory fisheries that are excepted from this obligation by a Ministerial Resolution. Foreign flagged fishing vessels with a fishing permit must have on board a scientific technical observer designated by the Sea Institute of Peru (IMARPE). The owner must provide accommodation on board for that representative and a daily stipend, to be deposited in a special account to be administered by IMARPE. The owners of foreign flagged fishing vessels that operate in Peruvian jurisdictional waters must hire a minimum of thirty per cent (30%) of Peruvian crew, subject to applicable national legislation. Radio and Television Broadcasting Services

National Treatment (Article 10.3) Local Presence (Article 11.6)

Level of Government: Central

str. 115Measures: Ley Nº 28278, Diario Oficial 'El Peruano' del 16 de julio de 2004, Ley de Radio y Televisión, artículo 24.

Description: Investment and Cross Border Trade in Services

str. 115Only Peruvian nationals or juridical persons organized under Peruvian law and domiciled in Peru may be authorized or licensed to offer radio or television broadcast services. The capital participation of foreigners in such juridical persons may not be more than forty (40) percent of the total shares or equity interest and they must be owners, share holders, or hold an equity interest in a radio or television broadcast enterprise in their country of origin. No foreign national may hold an authorization or a license directly or through a sole proprietorship. Audio Visual Services

Obligations Concerned:

National Treatment (Article 11.3)

Performance Requirements (Article 10.7)

Level of Government:

Central

Measures:

Ley Nº 28278, Diario Oficial 'El Peruano' del 16 de julio de 2004,

Ley de Radio y Televisión, Octava Disposición Complementaria y Final. Description:

Investment and Cross Border Trade in Services

At least thirty percent (30%), on average, of the total weekly programs by free to air television broadcasters must be produced in Peru and broadcasted between the hours of 5:00 and 24:00. Radio Broadcasting Services

Obligations Concerned:

National Treatment (Article 10.3, Article 11.3) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Level of Government:

Central

Measures:

Decreto Supremo N° 005 2005 MTC, Diario Oficial 'El Peruano' del 15 de febrero de 2005, Reglamento de la Ley de Radio y Televisión, artículo 20. Description:

Investment and Cross Border Trade in Services

If a foreign national is, directly or indirectly, a shareholder, partner, or associate in a juridical person, that juridical person may not hold a broadcasting authorization in a zone bordering that foreign national's country of origin, except in a case of public necessity authorized by the Council of Ministers. This restriction does not apply to juridical persons with foreign equity which have two or more current authorizations, as long as they are of the same frequency band. .

str. 117Obligations Concerned:

National Treatment (Article 11.3) Market Access (Article 11.5) Senior Management and Boards of Directors (Article 10.13)

Level of Government:

Central

Measures:

Decreto Legislativo N° 689, Diario Oficial 'El Peruano' del 05 de noviembre de 1991, Ley para la Contratación de Trabajadores Extranjeros, artículos 1, 3, 4, 5 (modificado por Ley N° 26196) y 6.

Description:

str. 117Investment and Cross Border Trade in Services

All employers in Peru, independently of their activity or nationality, shall give preferential treatment to nationals when hiring its employees. Foreign natural persons who are service providers and who are employed by service provider companies may provide said services in Peru upon execution of a written employment agreement for a set period of time not to exceed three (3) years, which may be subsequently extended for like periods of time. Service providing companies must show proof of the company's commitment to train national personnel in the same occupation. Foreign natural persons may not represent more than twenty percent (20%) of the total number of employees of an enterprise, and their pay may not exceed thirty percent (30%) of the total payroll for wages and salaries.

str. 118These percentages will not apply in the following cases:

- When the foreign nationals providing services are the spouse, parent, child, or sibling of a Peruvian national;
- Foreign employees working for foreign companies providing international land, air and water transport under a foreign flag and registration;
- Foreign employees of multinational service companies or banks, subject to the laws governing specific cases ;
- Foreign investors, whenever their investment permanently maintains in Peru at least five (5) tributary tax units during the

life of their contract [1] B 1 ;

- Artists, athletes or other service providers engaged in public performances in Peruvian territory, for a maximum of three (3) months a year;
- Foreign nationals with immigrant visa; - Foreign nationals whose countries have labour reciprocity or double nationality agreements with Peru; or
- Foreign personnel providing services in the country on behalf of bilateral or multilateral agreements celebrated by the Peruvian Government. Employers may request waivers for the percentages related to the number of foreign employees and their share of the company's payroll in those cases involving:

Specialized professional or technical personnel;

Directors or management personnel for new or converted business activities;

Teachers hired for post secondary education, or for foreign private elementary and high schools; or for foreign language teaching in local private schools; or for specialized language centres;

Personnel working for public or private companies with contractual agreements with Public institutions; or

In any other case determined by Supreme Decree pursuant to specialization, qualification or experience criteria. 7. Sector:

Professional Services: Legal Services

Obligations Concerned:

National Treatment (Article 10.3, Article 11.3)

Level of Government:

Central

Measures:

Decreto Ley N° 26002, Diario Oficial 'El Peruano' del 27 de Diciembre de 1992, Ley del Notariado. artículos 5 (modificado por

Ley N° 26741) y 10 (modificado por Ley N° 27094). Description:

Investment and Cross Border Trade in Services Only a Peruvian national by birth may supply notary services. Professional Services: Architectural Services

Obligations Concerned:

National Treatment (Article 10.3, Article 11.3)

Level of Government:

Central

Measures:

str. 119Ley Nº 14085, Diario Oficial 'El Peruano' del 30 de junio de 1962, Ley de Creación del Colegio de Arquitectos del Perú. Ley Nº 16053, Diario Oficial 'El Peruano' del 14 de febrero de 1966, Ley del Ejercicio Profesional, Autoriza a los Colegios de Arquitectos e Ingenieros del Perú para supervisar a los profesionales de Ingeniería y Arquitectura de la República, artículo 1

Acuerdo del Consejo de Arquitectos, del 06 de octubre de 1987

Description:

Investment and Cross Border Trade in Services

To practice as an architect in Peru, an individual must join the appropriate 'Colegio de Arquitectos' and pay a fee in accordance with the following schedule:

- (a) US$250 for a Peruvian national with a degree from a

Peruvian university;

- (b) US$400 for a Peruvian national with a degree from a foreign university; or

- (c) US$3,000 for a foreign national with a degree from a foreign university. Also, to obtain temporary registration, non resident foreign architects must have a contract of association with a Peruvian architect residing in Peru. 9. Sector

Professional Services: Auditing Services

Obligations Concerned:

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)

Level of Government:

Central

Measures:

Reglamento Interno del Colegio de Contadores Públicos de Lima, artículos 145 y 146

Description:

Investment and Cross Border Trade in Services

Auditing societies shall be constituted only and exclusively by public accountants licensed and resident in the country and duly qualified by the 'Colegio de Contadores Publicos de Lima'. No partner may be a member of another auditory society in Peru.

Security Services

str. 120Obligations Concerned:

National Treatment (Article 11.3) Senior Management and Boards of Directors (Article 10.13) Central

Level of Government:

Measures:

Decreto Supremo N° 005 94 IN, Diario Oficial 'El Peruano' del 12 de mayo de 1994, Reglamento de Servicios de Seguridad Privada, artículos 81 y 83. Description:

Investment and Cross Border Trade in Services

Persons hired as security watchmen must be Peruvian nationals by birth. A senior manager of an enterprise that supplies security services must be a Peruvian national by birth and be a resident of Peru. Recreational, Cultural and Sporting Services: National Artistic Audio Visual Production Services uano' del 18 de diciembre de 2003, Ley del Artista, y 25. Any domestic artistic audiovisual production must be comprised at least of eighty percent (80%) of national artists. Any domestic artistic live performances must be comprised at least of eighty percent (80%) of national artists. National artists shall receive no less than sixty percent (60%) of the total payroll for wages and salaries paid to artists. The same percentages established in the preceding paragraphs shall govern the work of technical personnel involved in artistic activities. Recreational, Cultural and Sporting Services: Circus Services uano' del 18 de diciembre de 2003, Ley del Artista,

A foreign circus may stay in Peru with the original cast for a maximum of ninety (90) days. This period may be extended for the same period of time. If it is extended, the foreign circus will include a minimum of thirty percent (30%) Peruvian nationals as artists and fifteen percent (15%) Peruvian nationals as technicians. The same percentages shall apply to the payroll of salaries and wages. Commercial Advertising Services uano' del 18 de diciembre de 2003, Ley del Artista, y 27.2

Commercial advertising produced in Peru must have at least eighty percent (80%) of national artists. National artists shall receive no less than sixty percent (60%) of the total payroll for wages and salaries paid to artists. The same percentages established in the preceding paragraphs shall govern the work of technical personnel involved in commercial advertising. Recreational, Cultural and Sporting Services: Bullfighting

str. 122uano' del 18 de diciembre de 2003, Ley del Artista,

At least one bullfighter of Peruvian nationality must participate in any bullfighting event. At least one apprentice bullfighter of Peruvian nationality must participate in fights involving young bulls. Radio Broadcasting Services

10.7)

uano' del 18 de diciembre de 2003, Ley del Artista, y 45.

in Services

str. 122Free over the air radio and television broadcast companies must dedicate at least ten percent (10%) of their daily programming to folklore and national music and to series or programs produced in Peru on the Peruvian history, literature, culture or current issues with artists hired in the following percentages:

A minimum of eighty percent (80%) of national artists;

National artists shall receive no less than sixty percent (60%) of the total payroll for wages and salaries paid to artists; and

The same percentages established in the preceding paragraphs shall govern the work of technical personnel involved in artistic activities. Customs Warehouses Services o Oficial 'El Peruano' del 5 de febrero de 1995, Aprueban neros, artículo 7.

str. 123Only natural or juridical persons domiciled in Peru may apply for an authorization to operate a customs warehouse. d:

cle 11.3)

7 2004 MTC, Diario Oficial 'El de 2004, Texto Único Ordenado del Reglamento General icaciones, artículo 269.

ervices

str. 123Call back, understood as being the offer of telephone services for the realization of attempts to make calls originating in the country with the objective of obtaining a return call with an invitation to dial, coming from a basic telecommunications network located outside the national territory, is prohibited. 18. Sector:

Transport Air Transport

Obligations Concerned:

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Senior Management and Boards of Directors (Article 10.13)

Level of Government:

Central

str. 124Measures:

Ley N° 27261, Diario Oficial 'El Peruano' del 10 de mayo de 2000, Ley de Aeronáutica Civil, artículos 75 y 79. Decreto Supremo N° 050 2001 MTC, Diario Oficial 'El Peruano' del 26 de diciembre de 2001, Reglamento de la Ley de Aeronáutica Civil, artículos 147, 159, 160 y VI Disposición Complementaria.

Description:

str. 124nvestment and Cross Border Trade in Services

National Commercial Aviation is reserved to a Peruvian natural or juridical person. For purposes of this entry, a Peruvian juridical person is an enterprise that fulfils the following requirements:

- (a) is constituted under Peruvian law, specifies commercial aviation as its corporate purpose, is domiciled in Peru, and has its principal activities and administration located in Peru;
- (b) at least half plus one (1) of the directors, managers and persons who control or manage the enterprise are Peruvian nationals or have permanent domicile or are normally resident in Peru; and
- (c) at least fifty one percent (51%) of the capital must be owned by Peruvian nationals and be under the real and effective control of Peruvian shareholders or partners permanently domiciled in Peru. (This limitation shall not apply to the enterprises constituted under law Nº 24882, which may maintain the ownership percentages set in such law). Six (6) months after the date of authorization of the enterprise to provide commercial air transportation services, foreign nationals may own up to seventy percent (70%) of the capital of the enterprise. In those operations conducted by Peruvian service providers ('explotadores nacionales'), personnel performing aeronautical functions on board must be Peruvian nationals. The General Directorate of Civil Aviation may, for technical reasons, authorize foreign personnel to perform these functions for a period not to exceed six (6) months from the date on which the authorization was granted. This time period may be extended if there is proof of a shortage of trained personnel. The General Directorate of Civil Aviation, upon providing proof of a shortage of qualified Peruvian aviation personnel, may authorize non resident foreign personnel to pilot airplanes and train Peruvian aviation personnel for a period of up to six (6) months, which may be extended if there is proof of a shortage of Peruvian personnel. d:

s Without Operators: Aircrafts Rental/Leasing Services

str. 125cle 10.3, Article 11.3)

cial 'El Peruano' del 25 de mayo de 2005, Ley de Promoción sporte Aéreo, artículo 5.

cial 'El Peruano' del 10 de mayo de 2000, Ley de Aeronáutica cado por el artículo 5 de la Ley Nº 28525).

order Trade in Services

str. 125ed under charter type has a complementary character. In the rated by national service providers that render scheduled rtation service of passengers, cargo, and mail (mixed), using f charter contracts with foreign enterprises, will be authorized ses:

vices are being initiated on a new route, in that case will be r a maximum of ninety (90) calendar days, which may be an additional ninety (90) calendar days, subject to support of tor. exists a legal restriction that impedes a Peruvian aircraft s operations for itself in another country, the charter will be clusively for the routes and for the period of the restriction. - (3) When there exists a technical impediment of an aircraft that can imply a paralysation of scheduled operations. The period of authorization shall not exceed ninety (90) calendar days, which can be extended subject to a favourable report of the Air Security Department of the General Directorate of Civil Aviation. By public necessity or national interest, national air transportation service providers can be authorized to execute air charter contracts with foreign enterprises for the rendering of services within national territory. This authorization will be granted by means of Supreme Decree, proposed by the sector.

20. Sector:

str. 125Obligations Concerned:

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Senior Management and Boards of Directors (Article 10.13)

Level of Government:

Central

Measures:

Ley Nº 28583, Ley de Reactivación y Promoción de la Marina Mercante Nacional,

str. 125Diario Oficial 'El Peruano' del 22 de julio de 2005. Artículos 4.1, 6.1, 7.1, 7.2. 7.4, y 13.6. Decreto Supremo Nº 028 DE/MGP, Diario Oficial 'El Peruano' del 25 de mayo de 2001, Reglamento de la Ley Nº 26620, Artículo I 010106, literal a).

nvestment and Cross Border Trade in Services

str. 125General Aquatic Transport Directorate. 2. At least fifty one percent (51%) of the subscribed and paid in capital must be owned by Peruvian citizens. 3.

str. 125The chairman of the board of directors, a majority of the directors, and the General Manager must be nationals and residents of Peru. 4. Peruvian flagged vessels must have a Peruvian captain and the crew must have at least eighty percent (80%) of Peruvian nationals authorized by the 'Dirección General de Capitanías y Guardacostas'.

str. 125In exceptional cases where no Peruvian qualified captain with experience in the respective ship is available, a foreign national may be authorized to serve as captain. 5. Only a Peruvian national may be a licensed harbour pilot. 6.

str. 126Cabotage is exclusively reserved to Peruvian flagged vessels owned by a National Shipowner or National Ship Enterprise or leased under a financial lease or a bareboat charter, with an obligatory purchase option, except that:
7.

str. 127(i) Twenty five percent (25%) of the transport of hydrocarbons in national waters is reserved for the boats of the Peruvian Navy; and

- (ii) Foreign flagged vessels may be used by a National Shipowner or National Ship Enterprise for a period of no more than six (6) months for water transportation exclusively between Peruvian ports or cabotage when such an entity does not own its own vessels or lease vessels.

str. 127- d: cle 10.3, Article 11.3) Local Presence (Article 11.6)

6 2000 MTC, Diario Oficial 'El Peruano' del 31 de diciembre de vicios de transporte marítimo y conexos realizados en bahías rán ser prestados por personas naturales y jurídicas caciones y artefactos de bandera nacional, artículo 1.

º 259 2003 MTC/02, Diario Oficial 'El Peruano' del 4 de abril de mento de los Acuático y Conexos Prestados en s Portuarias, artículos 5 y 7.

order Trade in Services

str. 127The following water transport and related services supplied in bay and port areas must be supplied by natural persons domiciled in Peru, and juridical persons constituted and domiciled in Peru, properly authorized with Peruvian flag vessels and equipment:

- (a) Fuel replenishment services;
- (b) Mooring and unmooring services;
- (c) Diving services;
- (d) Victualing services;
- (e) Dredging services;
- (f) Harbour pilotage services;
- (g) Waste collection services; (h) Tug boat services; and (i) Transport of persons. 011 78 TC DS del 6 de febrero de 1978, Reglamento de e Turístico.

str. 128ervices Only natural persons domiciled in Peru or juridical persons constituted and domiciled in Peru may provide tourist water transportation services. 1.3)

'El Peruano' del 16 de noviembre de 2002, Ley del Trabajo es

Only Peruvian citizens may register in the Registry of Port Workers. Port worker is a natural person who, subject to a port employer, performs specific services that conducts to tasks related to port work such as: stevedore, 'tarjador', 'winchero', 'gruero', 'portalonero', 'levantador de costado de nave', among others that are established in each port according to the regulations of the current law. engers d: 11.6)

9 2004 MTC, Diario Oficial 'El Peruano' del 27 de febrero de onal de Administración de Transportes, artículos 47 y 48.

str. 129ervices d:

d:

A supplier of land transport services in Peru must certify in writing that it maintains ground terminals, route stations, stops, and administrative offices in the territory of Peru, according to the corresponding transport services.

str. 129The transport enterprise must have its own installations, or those of third parties, properly maintained for the management of the enterprise, which will constitute its legal domicile, where the competent authority can conduct the inspections and verifications it deems necessary. cle 11.3)

nsporte Internacional Terrestre', signed between the ública de Chile, la República de Argentina, la República de derativa de Brasil, la República del Paraguay, la República del

Uruguay ATIT, signed in Montevideo January 1, 1990.

ervices

str. 129Foreign vehicles allowed by Peru, in conformity with the ATIT, which carry out international transportation by road, will not be able to provide local transport (cabotage) in the Peruvian territory. ment Services Archaeological Research cle 11.3)

o. 004 2000 ED, Diario Oficial "El ro de 2000, Reglamento de Investigaciones Arqueológicas,

str. 129Archaeological research projects headed by foreign archaeologists must employ a Peruvian archaeologist with accredited experience registered in the National Registry of Archaeologists as scientific co director or sub director of the project. The co director

d:

or sub director shall participate in the integral execution of the project (field and office work). rgy Services cle 11.3) Local Presence (Article

cial 'El Peruano' del 19 de agosto de 1993, Ley General de 15.

str. 130In order to enter into an exploration contract in Peru, foreign natural persons must register in the Public Registry and provide a power of attorney to a Peruvian national resident in the capital of the Republic of Peru. Foreign enterprises must establish a branch or constitute a society under the Ley General de Sociedades , be domiciled in the capital of the Republic of Peru, and appoint a Peruvian national as an executive agent.

ANNEX 11C : SINGAPORE CROSS BORDER TRADE IN SERVICES AND INVESTMENT RESERVATIONS FOR EXISTING MEASURES AND LIBERALISATION COMMITMENTS

HEADNOTE

str. 1301. Where appropriate, non conforming measures are referenced to the Provisional Central Product Classification ('CPC') as set out in Provisional Central Product

Classification (Statistical Papers Series M, No. 77, Department of International

Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991) ('the UN CPC code') and on the basis of the Services Sectoral Classification List, WTO document MTN.GNS/W/120. 2. This Annex sets out, pursuant to Article 10.14 (Non Conforming Measures) of Chapter 10 (Investment) and Article 11.7 (Non Conforming Measures) of Chapter 11 (Cross Border Trade in Services), the reservations taken by a Party with respect to measures that do not conform to some or all of the obligations imposed by:
2. (a) Article 10.3 (National Treatment) of Chapter 10 (Investment) or Article
3. 11.3 (National Treatment) of Chapter 11 (Cross Border Trade in Services);
4.

str. 131(b) Article 10.4 (Most Favoured Nation Treatment) of Chapter 10 (Investment) or Article 11.4 (Most Favoured Nation Treatment) of Chapter 11 (Cross Border Trade in Services); 5. (c) Article 11.5 (Market Access) of Chapter 11 (Cross Border Trade in Services);
6. (d) Article 11.6 (Local Presence) of Chapter 11 (Cross Border Trade in Services);
7. (e) Article 10.7 (Performance Requirements) of Chapter 10 (Investment); or
8. (f) Article 10.13 (Senior Management and Board of Directors) of Chapter 10 (Investment). 3. All measures affecting Article 10.3 (National Treatment), Article 10.4 (Most

Favoured Nation Treatment), Article 10.7 (Performance Requirements) and Article 10.13 (Senior Management and Board of Directors) of Chapter 10 (Investment), and

Article 11.3 (National Treatment), Article 11.4 (Most Favoured Nation Treatment),

Article 11.5 (Market Access) and Article 11.6 (Local Presence) of Chapter 11 (Cross Border Trade in Services), shall be stated in the description. In the interpretation of a reservation, all elements of the reservations shall be considered in their totality. 4. The reservations and commitments related to cross border trade in services shall be read together with the relevant guidelines, stated in GATT documents MTN.GNS/W/164 dated 3 September 1993 and MTN.GNS/W/164 Add.1 dated 30 November 1993. 5. Each entry in a Party's Schedule sets out the following elements:
3. (a) Sector refers to the sector in which the entry is made;
4. (b) Industry Classification refers, where applicable, to the activity covered by the non conforming measure, according to the CPC codes as used in the UN CPC Code;

(c) Obligations Concerned specifies the obligation(s) referred to in paragraph 2;

- (d) Measures identify laws, regulations, rules, procedures, requirements, practices or any other form for which the reservation is made.

str. 132A measure cited in the Measures element:
- (i) means the measure as amended, continued, or renewed as of the date of entry into force of this Agreement; and
- ( ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

, sets out the non conforming measure to which the

- (e) Description reservation applies. 6. For Peru, where an inconsistency arises in relation to the interpretation of a reservation, the measures element of the reservation shall prevail to the extent of the inconsistency.

classification

str. 132Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Market Access (Article 11.5)

Measures

Insurance Act, Cap. 142, MAS Notice 149 Banking Act, Cap. 19, MAS Notice 757 Finance Companies Act, Cap. 108, MAS Notice 816 Monetary Authority of Singapore Act, Cap. 186, MAS Notice 1105 Securities Industry Act, Act 15 of 1986, MAS Notice 1201 Securities and Futures Act 2001, Cap 289 Section 101, SFA 04 N04

Description

Cross Border Trade in Services and Investment

Financial institutions extending Singapore dollar (S$) credit facilities exceeding S$5 million per entity to non resident financial entities or arranging S$ equity or bond issues for non residents, shall ensure that where the S$ proceeds are to be used outside Singapore, they are swapped or converted into foreign currency upon draw down or before remittance abroad. Financial institutions shall not extend S$ credit facilities to non resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation. The term 'non resident' is as defined in MAS Notice 757 issued under the Banking Act. Obligations

Concerned

National Treatment (Article 10.3)

Measures

This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of PSA Corporation. Description

Investment

The aggregate of foreign shareholdings in PSA Corporation and/or its successor body shall be subject to a forty nine percent (49%) limit.

str. 133The 'aggregate of foreign shareholdings' is defined as the total number of shares owned by:

- (i) any individual who is not a Singapore citizen;
- (ii) any corporation which is not more than fifty percent (50%) owned by Singapore citizens or by the Singapore Government; and/or (iii) any other enterprise which is not owned or controlled by the Singapore Government.

Obligations Concerned

str. 133Market Access (Article 11.5) National Treatment (Article 10.3; Article 11.3)

Measures

This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of the relevant enterprises below.

Description

str. 133Cross Border Trade in Services and Investment

All individual investors, apart from the Singapore Government, shall be subject to the following equity ownership limits in the enterprises, and/or their successor bodies, as listed below:

Singapore Technologies Engineering - fifteen percent (15%)

PSA Corporation - five percent (5%)

Singapore Airlines - five percent (5%)

Singapore Power, SP Power Assets, SP Services, Power Gas - ten percent (10%)

For the purposes of this reservation, ownership of equity by an investor in these enterprises and/or their successor bodies includes both direct and indirect ownership of equity.

Obligations Concerned Measures

str. 133National Treatment (Article 10.3; Article 11.3)

Business Registration Act, Cap. 32, 2001 Revised Edition

Business Registration Regulations, Regulation 9

Companies Act, Cap. 50, 1994 Revised Edition

Description

str. 133Cross Border Trade in Services and Investment

Only a service supplier who is a Singapore citizen, Singapore permanent resident or Singapore Employment Pass holder shall be allowed to register a business without appointing a local manager. A local manager shall be a Singapore citizen, Singapore permanent resident or Singapore Employment Pass holder.

str. 134All locally incorporated companies shall comply with the following requirements:

- (i) at least one (1) director of the company shall be resident in Singapore. - (ii) all branches of foreign companies registered in Singapore shall have at least two (2) agents resident in Singapore. To be resident in Singapore, a person shall be either a Singapore citizen or Singapore permanent resident or Singapore Employment Pass holder.

Industry Classification

str. 134Obligations

Concerned

National Treatment (Article 10.3)

Measures

State Lands Act, Cap 314, Sections 3 and 19(1)

Description

Investment

Singapore may divest State Land in a manner inconsistent with National Treatment. Architectural Services

Architectural services includes selling or supplying for gain or reward any architectural plan, drawing, tracing or the like for use in the construction, enlargement or alteration of any building or part thereof. It includes the certification and inspection of buildings for compliance with fire safety regulations.

str. 134Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)

Measures

Architects Act, Cap.12, 2000 Revised Edition

Description

Cross Border Trade in Services and Investment

str. 135Only persons who are registered with the Board of Architects (BOA) and/or its successor body and resident in Singapore are allowed to provide architectural services. All corporations and partnerships (including those which are providing architectural services as part of a multi disciplinary corporation or practice) providing architectural services shall obtain a licence from the BOA. To qualify for the licence, the corporation or partnership shall:

- (i) be under the control and management of a director or partner who is a Singapore registered architect; where a multi disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to architectural services shall be under the control and management of a director or partner who is a Singapore registered architect; and
- (ii) where limited corporations are concerned, the Chairman and at least two thirds of the directors of a corporation shall be Singapore registered architects or allied professionals; where unlimited corporations are concerned, the directors or members shall be registered professional engineers or allied professionals; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnership shall be held by Singapore registered architects or allied professionals. Allied professionals are Singapore registered land surveyors and engineers. Financial Auditing services

Industry

CPC 86211 Financial auditing services

Classification

str. 135Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)

Measures

Accountants Act 2004, Cap.2, 2005 Revised Edition

Description

Cross Border Trade in Services and Investment

Only service suppliers who are registered with the Accounting and Corporate Regulatory Authority (ACRA) and the Institute of Certified Public Accountants of Singapore (ICPAS) shall be appointed as a company auditor. In the case of public accounting firm or public accounting corporation, the sole proprietor or one of the partners or directors must be a Singapore registered public accountant and ordinarily resides in Singapore. Industry

CPC 86309 Other Tax Related Services

str. 136Obligations

Concerned

National Treatment (Article 10.3, Article 11.3)

Local Presence (Article 11.6)

Measures

Administrative

Description

Cross Border Trade in Services and Investment

Public accountants shall be effectively resident in Singapore or at least one of the partners of the firm shall be effectively resident in Singapore. Only public accountants registered with the Public Accountants Board (PAB) and/or its successor body shall practise as tax consultants for local tax laws. Land Surveying Services

str. 136Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)

Measures

Land Surveyors Act, Cap. 156, 1992 Revised Edition, Sections 12 23 Land Surveyors Rules, Rules 2 20

Cross Border Trade in Services and Investment

str. 136Land surveying refers to the survey of land as set out in the Land Surveyors Act, Cap 156.

str. 137All persons seeking to provide land surveying services in Singapore are required to register with the Land Surveyors Board (LSB) and/or its successor body, be physically present in Singapore for the duration of the land surveying project which requires his supervision and/or certification. All corporations and partnerships (including those which are providing land surveying services as part of a multi disciplinary corporation or practice) seeking to provide land surveying services shall obtain a licence from the LSB. To qualify for the licence, the corporation or partnership shall:

- (i) be under the control and management of a director or partner who is a Singapore registered surveyor; where a multi disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to land surveying services shall be under the control and management of a director or partner who is a Singapore registered surveyor; and
- (ii) where limited corporations are concerned, a simple majority of its directors shall be Singapore registered surveyors or allied professionals; where unlimited corporations are concerned, the directors or members shall be registered professional engineers or allied professionals; where partnerships are concerned, only Singapore registered surveyors and allied professionals shall have a beneficial interest in the capital assets and profits of the partnership. Allied professionals are Singapore registered engineers and architects. Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator CPC 83101, 83102, 83105 Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator

Obligations Concerned

Market Access (Article 11.5) Local Presence (Article 11.6)

Measures

Road Traffic Act, Cap.

str. 138276, 1994 Edition

Description

Cross Border Trade in Services and Investment

The cross border rental of private cars, goods transport vehicles and other land transport equipment without operator by Singapore residents with the intent to use the vehicles in Singapore is prohibited.

Industry Classification

str. 138Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)

Measures

Patents Act, Cap. 221, 1995 Revised Edition

Description

Cross Border Trade in Services and Investment

Only service suppliers registered with the Intellectual Property Office of Singapore (IPOS) and/or its successor body and resident in Singapore shall be allowed to carry on a business, practice or act as a patent agent in Singapore. Only service suppliers which have at least one Singapore registered patent agent resident in Singapore either as a director or partner, shall be allowed to carry on a business, practice or act as a patent agent in Singapore. Business Services

Placement and Supply Services of Personnel

Industry

CPC 87204 Supply services of domestic help personnel

Classification

str. 138Obligations

Concerned

Local Presence (Article 11.6)

Measures

Employment Agencies Act, Cap. 92

Description

Cross Border Trade in Services

Only service suppliers with local presence shall be allowed to set up employment agencies and place foreign workers in Singapore. These agencies are not the direct employer of foreign workers in Singapore. They serve as intermediaries to help source and supply foreign workers to employers of these workers. Thus, this reservation shall be read with the Annex 11E (Singapore Cross Border Trade in Services and Investment Reservation for Future Measures) reservation

relating to the supply of a service by a natural person.

str. 139Business Services

Professional Engineering Services

Industry Classification

str. 139Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)

Measures

Professional Engineers Act, Cap. 253, 1992 Revised Edition

Cross Border Trade in Services and Investment

str. 139Only persons who are registered with or firms which are licensed by the Professional Engineers Board (PEB) are allowed to provide professional engineering services in Singapore in prescribed branches of engineering, namely: civil, electrical and mechanical engineering. The implementation in Singapore of professional engineering works which require approval by the authorities shall be carried out by a professional engineer physically present in Singapore for the duration when the project is being implemented. All corporations, and multi discipline partnerships and limited liability partnerships providing professional engineering services shall obtain a licence from Professional Engineering Board and/or its successor body.

str. 140To qualify for the licence, the corporation or multi disciplinary partnership and limited liability partnership shall meet the following requirements:

- (i) the business of the corporation, multi discipline partnership or limited liability partnership relating to professional engineering services shall be under the control and management of a director or a partner who is a Singapore registered professional engineer and who has a valid practising certificate and who, in the case of corporations or limited liability partnerships, is authorised under a resolution of the board of directors of the corporation or partners of the limited liability partnership to make all final engineering decisions on behalf of the corporation or limited liability partnership; and
- (ii) where limited or unlimited corporations are concerned, not less than fifty one percent (51%) of the directors shall be Singapore registered professional engineers or allied professionals; where multi disciplinary partnerships are concerned, the beneficial interest in the capital assets and profits of the partnerships shall be held by Singapore registered professional engineers or allied professionals. Where limited liability partnerships are concerned, partners shall be Singapore registered professional engineers or allied professionals, licensed corporations or licensed limited liability partnerships. Allied professionals are Singapore registered land surveyors and architects. Industry Classification

CPC 82202 Non residential property management services on a fee or contract basis

Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3)

Measures

Sentosa Development Corporation Act, Cap 291, 1998 Revised Edition 1998

Description

Cross Border Trade in Services and Investment

Only the Sentosa Development Corporation and/or its successor body shall be allowed to develop and manage the resort island of Sentosa and its waterways and the Southern Islands of Singapore. For the purpose of this reservation, the 'Southern Islands of Singapore' are St. John's Island, Lazarus Island, Kusu Island, Pulau Renggit, Sister's Island, Pulau Hantu, Pulau Biola, Pulau Jong and Pulau Tekukor

Technical Testing and Analysis Services

str. 141Industry

CPC 86769 Other technical testing and analysis services

Classification

str. 141Obligations

Concerned

Local Presence (Article 11.6)

Measures

Agri Food and Veterinary Authority Act, Cap. 5, 2001 Revised Edition Animals and Birds Act, Cap. 7, 1985 Revised Edition Control of Plants Act, Cap. 57A, 2000 Revised Edition

Description

Cross Border Trade in Services

Only service suppliers with local presence shall be allowed to provide testing, analytical and certification services on animals, plants, and products derived from animals and plants which are physically present in Singapore, including but not limited to, where such items are intended for import, export and import for the purposes of re export. For greater certainty, Singapore reserves the right and flexibility to modify and/or increase the items as defined and/or listed in the Animals and Birds Act and the Control of Plants Act. Private Investigation Services Unarmed Guard Services

str. 142Industry Classification

CPC 87301 Investigation Services CPC 87302 Security Consultation Services CPC 87305 Guard Services (only applies to unarmed security guard services)

Obligations

Concerned

Market Access (Article 11.5) Most Favoured Nation Treatment (Article 10.4, Article 11.4) Local Presence (Article 11.6) National Treatment (Article 10.3, Article 11.3)

Senior Management and Board of Directors (Article 10.13)

Measures

Private Investigation and Security Agencies Act, Cap. 249, Regulation 23

Description

Cross Border Trade in Services and Investment Foreigners are permitted to set up legal persons to provide unarmed guards for hire but must register a company with local participation. At least two of the directors must be a Singapore national or Singapore permanent resident. Foreigners shall not be allowed to work as guards, but can be involved in the administration of the company. The foreign directors shall produce a certificate of no criminal conviction from their country of origin or a statutory declaration before a local commissioner of oaths. All services suppliers providing unarmed guard services shall be precluded from escorting cash in transit operations of S$250,000 and above. Private investigators do not have police powers of seizure, search or arrest. Please also note Singapore's reservation for armed guard services in Annex 11E (Singapore Cross Border Trade in Services and Investment Reservations for Future Measures).

str. 143Education Services

Higher Education Services in relation to the training of doctors

Industry

CPC 92390 Other Higher Education Services

Classification (Only applies to Higher Education Services in relation to the training of doctors)

str. 143Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3)

Measures

Medical Registration Act, Part V, Specialist Accreditation Board, Sections 2, 3, 34 and 35

Description

Cross Border Trade in Services and Investment

Only local tertiary institutions shall be allowed to operate undergraduate or graduate programmes for the training of doctors. Local tertiary institutions are tertiary institutions which are approved by Parliament to confer degrees in Singapore. Contact Lens Practitioners

Industry Classification

str. 143Obligations

Concerned

Local Presence (Article 11.6)

Measures

Contact Lens Practitioners Act, Cap. 53A, 2002 Revised Edition

Description

Cross Border Trade in Services

Only service suppliers who are resident in Singapore shall be allowed to be Contact Lens Practitioners. Traditional Chinese Medicine Practitioners

str. 143Obligations

Concerned

Most Favoured Nation Treatment (Article 11.4) Local Presence (Article 11.6)

Measures

Traditional Chinese Medicine Practitioners Registration Act, Cap. 333A, 2001 Revised Edition

Description

Cross Border Trade in Services

str. 144Only service suppliers who are registered with the Singapore Traditional Chinese Medicine Practitioners Board and/or its successor body, and resident in Singapore, shall be allowed to supply Traditional Chinese Medicine services. Deliveries and related services, nursing services, physiotherapeutic and para medical services (only for nursing and midwifery services) CPC 93191 Deliveries and related services, nursing services, physiotherapeutic and para medical services (Only applies to nursing and midwifery services)

Industry Classification

Obligations Concerned

Local Presence (Article 11.6)

Measures

Nurses and Midwives Act, Cap. 209, 2005 Revised Edition

Description

Cross Border Trade in Services

Only service suppliers who are registered with the Singapore Nursing Board and/or its successor body and resident in Singapore shall be allowed to supply nursing and midwifery services. Medical Services

Industry

CPC 9312 Medical Services

Classification

str. 144Obligations

Concerned

Local Presence (Article 11.6)

Measures

Medical Registration Act, Cap. 174, 2004 Revised Edition

Description

Cross Border Trade in Services

Only service suppliers who are registered with the Singapore Medical Council and/or its successor body, and resident in Singapore shall be allowed to supply medical services. This reservation shall be read in conjunction with the Annex 11E (Singapore Cross Border Trade in Services and Investment Reservations for Future Measures) reservation on the limit on the number of doctors who can practise in Singapore. Pharmacy Services

str. 145Obligations

Concerned

Local Presence (Article 11.6)

Measures

Pharmacists Registration Act, Cap. 230, 1985 Revised Edition Medicines Act, Cap. 176, 1985 Revised Edition

Description

Cross Border Trade in Services

Only service suppliers who are registered with the Singapore Pharmacy Board and/or its successor body and resident in Singapore shall be allowed to supply pharmacy services. This reservation shall be read in conjunction with the Annex 11E (Singapore Cross Border Trade in Services Investment

and

Reservations for Future Measures) reservation relating to the limit on the number of pharmacists who can practice in Singapore. Only Singapore registered pharmacists (apart from medical professionals) shall be able to do the following: prepare, dispense, assemble or sell medicinal products as defined under the Medicines Act. For greater certainty, Singapore reserves the right and flexibility to modify and/or increase the list of products as defined and/or listed in the Medicines Act. Import, Export and Trading Services

str. 145Obligations

Concerned

Local Presence (Article 11.6)

Measures

Regulation of Imports and Exports Act, Cap. 272A, 1996 Revised Edition Regulation of Imports and Exports Regulation

Description

Cross Border Trade in Services

Only services suppliers with local presence shall be allowed to apply for import/export permits, certificates of origin or other trade documents from the relevant authorities.

str. 146Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 11.3) Local Presence (Article 11.6)

Measures

Info communications Development Authority of Singapore Act, Cap. 137A, 2000 Revised Edition Telecommunications Act, Cap. 323, 2000 Revised Edition

Description

Cross Border Trade in Services

A facilities based operator (FBO) must be a company incorporated under the Singapore Companies Act, Cap. 50, 2006 Revised Edition. A services based operator (SBO) must be a company incorporated under the Singapore Companies Act, Cap. 50, 2006 Revised Edition. Telecommunications Services

Domain name allocation policies in Internet country code top level domains (ccTLDs) corresponding to Singapore territories (.sg)

str. 146Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 11.3) Local Presence (Article 11.6)

Measures

Info communications Development Authority of Singapore Act, Cap. 137A, 2000 Revised Edition Telecommunications Act, Cap. 323, 2000 Revised Edition The Internet Corporation for Assigned Names and Numbers (ICANN), which recognises the ultimate authority of sovereign Governments over ccTLDs corresponding to their territories. Description

str. 147Cross Border Trade in Services

A registrar must be a company incorporated under the Singapore Companies Act, Cap. 50, 2006 Revised Edition. Power Supply

str. 147Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 11.3)

Measures

Electricity Act, Cap. 89A, 2002 Revised Edition, Sections 6(1) and 9(1)

Description

Cross Border Trade in Services

Power producers, whether or not foreign owned and whether located within or outside Singapore, shall only sell power through the Singapore electricity wholesale market and shall not be allowed to sell directly to consumers. The amount of power supplied cumulatively by power producers located outside of Singapore to Singapore's wholesale power market shall not exceed 600 MW. Singapore reserves the right and flexibility to revise and/or reduce the power supply threshold of 600MW. Power Supply

str. 147Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3)

Measures

Electricity Act, Cap. 89A, 2002 Revised Edition

Description

Cross Border Trade in Services and Investment

Only SP Services Ltd and/or its successor body shall be allowed to supply electricity to:

- (i) all household consumers of electricity;
- (ii) non household consumers of electricity whose average monthly consumption is below 10,000kWh; and
- (iii) consumers whose electricity is supplied at single phase low voltage. Power Transmission and Distribution

str. 148Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Measures

Electricity Act, Cap. 89A, 2002 Revised Edition

Description

Cross Border Trade in Services and Investment

Only SP PowerAssets Ltd and/or its successor body shall be the transmission licensee as defined in the Electricity Act. SP PowerAssets Ltd and/or its successor body shall be the sole owner and operator of the electricity transmission and distribution network in Singapore. Tourism and Travel Related Services

Beverage serving services for consumption on the premises

Meal serving services in eating facilities run by the government Retail sales of foods

Industry Classification

CPC 643 Beverage serving services for consumption on the premises. CPC 642 Food serving services

CPC 6310 Retail sales of food

Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Local

Presence (Article 11.6)

Measures

Environmental Public Health Act, Cap. 95, 1999 Revised Edition

Description

Cross Border Trade in Services and Investment

str. 149Only a Singapore citizen or permanent resident can apply for a licence to operate in their personal capacity a food establishment in places operated by the government. Trade Services

Distribution and Sale of Hazardous Substances

Industry Classification

str. 149Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 11.3)

Measures

Environmental Pollution Control Act, Cap. 94A, 2000 Revised Edition, Section 22

Description

Cross Border Trade in Services

Only service suppliers with local presence shall be allowed to distribute and sell hazardous substances as defined in the Environmental Pollution Control Act. For greater certainty, Singapore reserves the right and flexibility to modify and/or increase the list of hazardous substances as defined and/or listed in the Environmental Pollution Control Act. Trade Services Distribution Services Retailing Services

Wholesale Trade Services

str. 149Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Measures

Medicines Act, Cap. 176, 1985 Revised Edition

Description

Cross Border Trade in Services and Investment

str. 150Only service suppliers who appoint a local agent shall be allowed to supply wholesale, retail and distribution services for medical and health related products and materials as defined under the Medicines Act, intended for purposes such as treating, alleviating, preventing or diagnosing any medical condition, disease or injury, as well as any other such items that may have an impact on the health and well being of the human body. Such products and materials include but are not limited to drugs and pharmaceuticals, traditional medicines, health supplements, diagnostic test kits, medical devices, cosmetics, tobacco products, radioactive materials and irradiating apparatuses. For greater certainty, Singapore reserves the right and flexibility to modify and/or increase the list of medical and health related products and materials as defined and/or listed in the Medicines Act. Transport Services

Air Transport Services -Ground Handling Services (including but not limited to cargo handling services)

str. 150Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Measures

Civil Aviation Authority of Singapore Act, Cap. 41, 1985 Revised Edition

Description

Industry Classification

Obligations

Concerned

Cross Border Trade in Services and Investment

Only Singapore Airport Terminal Services (SATS), Changi International Airport Services (CIAS) and Swissport Singapore Pte Ltd and/or their respective successor bodies shall be allowed to provide ground handling services, including but not limited to cargo handling services at airports. Air Transport Services Passengers Transportation by Air

Freight Transportation by Air

CPC 731 Passenger Transportation by

Air CPC 732 Freight Transportation by Air

National Treatment (Article 10.3)

Measures

str. 150Description

Investment

Service suppliers providing air transport services (for both passenger and freight) as a Singapore designated airline shall have to comply with the 'effective control' and/or 'substantial ownership' requirements of Singapore's bilateral and multilateral air services agreements. Compliance with the requirements of these agreements may require these service suppliers to comply with conditions on effective control and limits on the foreign ownership as stipulated in Singapore's bilateral and multilateral air services agreements. Transport Services

Air Transport services

Industry Classification

str. 150Obligations

Concerned

Market Access (Article 11.5)

Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Local Presence (Article 11.6)

National Treatment (Article 10.3, Article 11.3)

Senior Management and Board of Directors (Article 10.13)

Measures

Description

Industry Classification

Cross Border Trade in Services and Investment

Only the Civil Aviation Authority of Singapore (CAAS) and/or its successor body shall be allowed to provide rescues and firefighting services at all civil and military airports in Singapore. Maritime Transport Services

Cargo Handling Services

Pilotage Services

Supply of Desalinated Water to Ships berthed at Singapore ports or in Singapore territorial waters

CPC 741 Cargo Handling Services

CPC 74520 Pilotage and Berthing Services (only applies to Pilotage Services)

CPC 74590 Other Supporting Services for Water Transport

str. 150Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Measures

Maritime and Port

str. 150Authority of Singapore Act, Cap.

str. 150170A, 1997 Revised Edition

Description

Cross Border Trade in Services and Investment

Only PSA Corporation Ltd and Jurong Port Pte Ltd and/or their respective successor bodies shall be allowed to provide cargo handling services.

str. 150Only PSA Marine (Pte) Ltd. and/or its successor body shall be allowed to provide pilotage services and supply desalinated water to ships berthed at Singapore ports or in Singapore territorial waters.

str. 150Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Local

str. 150Presence (Article 11.6)

Measures

Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition

Description

Cross Border

str. 150Trade in Services and Investment

Only local service suppliers shall be allowed to operate and manage cruise and ferry terminals.

str. 150Local service suppliers are either Singapore citizens or legal persons which are more than fifty percent (50%) owned by Singapore citizens. Industry

str. 151CPC 74590, Other Supporting Services for Water Transport

Classification

str. 151Obligations

Concerned

National Treatment (Article 10.3,

str. 152Article 11.3)

Measures

Merchant Shipping Act, Cap. 179, 1996 Revised Edition Merchant Shipping (Registration of Ships) (Amendment) Regulations 2004

str. 153Description

Cross Border Trade in Services and Investment

Only a Singapore citizen or permanent resident or Singapore legal person shall be allowed to register a ship under the Singapore flag. To register a ship, other than tugs and barges, in Singapore, the company shall have a minimum paid up capital of S$50,000. To register a tug or barge in Singapore, the company and its holding company shall have a paid up capital pegged to ten percent (10%) of the value of the first tug or barge registered or S$50,000 whichever is the lesser, subject to a minimum of S$10,000. All Singapore legal persons seeking to register ships under the Singapore flag shall appoint a ship manager who is resident in Singapore. Vessels or ships owned by Singapore legal persons that are not majority owned by Singapore citizens or Singapore permanent residents shall be of at least 1,600 Gross Tonnage and be self propelled before they can be registered under the Singapore flag. For the purposes of this reservation, a Singapore legal person is a locally incorporated company.

str. 153Obligations

Concerned

National Treatment (Article 11.3)

Measures

Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 40 Maritime and Port Authority of Singapore (Registration and Employment of Seamen) Regulations

Description

Cross Border Trade in Services

str. 153Only Singapore citizens and permanent residents can register as Singapore seamen as defined in the Maritime and Port Authority of Singapore Act. Production, retail, transportation and distribution of manufactured gas and natural gas (piped gas)

Industry Classification

str. 153Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3)

Measures

Gas Act, Cap.

str. 153116A, 2002 Revised Edition

Description

Cross Border Trade in Services and Investment

Only City Gas Ltd and/or its successor body shall be allowed to produce and retail manufactured gas.

str. 153Only PowerGas Ltd and/or its successor body shall be allowed to transport and distribute manufactured and natural gas (piped gas). PowerGas Ltd and/or its successor body shall be the sole owner and operator of the gas pipeline in Singapore. Transport Services

Transportation Services Via Pipeline

Industry Classification

Transportation of goods via pipeline of goods such as chemical and petroleum products and petroleum, and other related products

Obligations Concerned Measures

Local Presence (Article 11.6)

Administrative

Description

Cross Border

str. 153Trade in Services

Only service suppliers with local presence shall be allowed to provide transportation services via pipeline of goods such as chemical and petroleum products and petroleum, and other related products.

str. 153For greater certainty, Singapore reserves the right and flexibility to modify and/or increase the list of the chemical and petroleum products, and other related products that are subject to this reservation. 41. Sector

str. 153Manufacturing and Services incidental to Manufacturing

Industry Classification

Obligations

Concerned

National Treatment (Article 10.3) Most Favoured Nation Treatment (Article 10.4) Performance Requirements

str. 154(Article 10.7)

Measure

Control of Manufacture Act, Cap 57, 2001 Revised Edition

Description

Investment

The manufacture of the following products, in Singapore, may be subject to certain restrictions:

(a) beer and stout;

-

str. 155- (b) cigars;
- (c) drawn steel products;
- (d) chewing gum, bubble gum, dental chewing gum or any like substance (not being a medicinal product within the meaning of the Medicines Act (Cap. 176) or a substance in respect of which an

order under section 54 of that Act has been made);

- (e) cigarettes; and
- (f) matches. The restrictions are not aimed at, but may result in inconsistencies with Articles on National Treatment, Most Favoured Nation Treatment and Performance Requirements

A company intending to manufacture any of the above products in Singapore shall write in to the Registrar of Manufacturers for approval. *****

ANNEX 11D : PERU CROSS BORDER TRADE IN SERVICES AND INVESTMENT RESERVATIONS FOR FUTURE MEASURES

HEADNOTE

str. 1551. This Annex sets out, pursuant to Article 10.14 (Non Conforming Measures) of

Chapter 10 (Investment) and Article 11.7 (Non Conforming Measures) of Chapter 11 (Cross Border Trade in Services), the reservations taken by a Party for sectors, sub sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:

- (a) Article 10.3 (National Treatment) of Chapter 10 (Investment) or Article
- 11.3 (National Treatment) of Chapter 11 (Cross Border Trade in Services);
- (b) Article 10.4 (Most Favoured Nation Treatment) of Chapter 10 (Investment) or Article 11.4 (Most Favoured Nation Treatment) of Chapter 11 (Cross Border Trade in Services);
- (c) Article 11.5 (Market Access) of Chapter 11 (Cross Border Trade in Services);
- (d) Article 11.6 (Local Presence) of Chapter 11 (Cross Border Trade in Services);
- (e) Article 10.7 (Performance Requirements) of Chapter 10 (Investment); or
- (f) Article 10.13 (Senior Management and Board of Directors) of Chapter 10 (Investment).

Obligations Concerned

str. 156Peru 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 after the date of entry into force of this Agreement involving:

- (a) aviation;
- (b) fisheries; or
- (c) maritime matters, [1] D 1 including salvage. Indigenous Communities, Peasant, Native, and Minority Affairs

National Treatment (Article 10.3, Article 11.3) Most Favoured Nation Treatment (Article 10.4; Article 11.4) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Board of Directors (Article 10.13)

Description Investment and Cross Border Trade in Services

str. 156Peru reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities and ethnic groups.

str. 157For purposes of this entry: ethnic groups means indigenous, native and peasant communities. Fishing and Services Related to Fishing

National Treatment (Articles 10.3, Article 11.3) Most Favoured Nation Treatment (Article 10.4, Article 11.4) Performance Requirements (Article 10.7)

str. 157Peru reserves the right to adopt or maintain any measure relating to artisanal fishing. 4. Sector:

Cultural Industries

Obligations Concerned:

Most Favoured Nation Treatment (Article 10.4; Article

11.4)

Description: Investment and Cross Border Trade in Services

str. 157For purposes of this entry, the term 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 theater

arts 11D 2 ;

str. 158- (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.

str. 159For greater certainty, Article 10.3 (National Treatment) and Article 10.4 (Most Favoured Nation Treatment) and Chapter 11 (Cross Border Trade in Services) do not apply to government support for the promotion of cultural industries. 11D 2 Theater arts means live performances or presentations such as drama, dance, or music. 5. Sector:

Handicraft Industries

Obligations Concerned:

National Treatment (Article 11.3)

Performance Requirements (Article 10.7)

Services

str. 159Peru 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. 6. Sector:

Audio Visual Industry

Obligations Concerned:

National Treatment (Article 11.3)

Performance Requirements (Article 10.7)

Description: Investment and Cross Border Trade in Services

str. 159Peru reserves the right to adopt or maintain any measure whereby a specified percentage (up to twenty percent (20%)) 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.

str. 1607. Sectors:

Jewelry Design

Theater Arts

Visual Arts

Music

Publishing

Obligations Concerned:

National Treatment (Article 11.3)

Performance Requirements (Article 10.7)

str. 160Peru reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support for the development and production of jewelry design, theater arts, visual arts, music, and publishing on the recipient achieving a given level or percentage of domestic creative content. 8. Sector:

Audio Visual Industry Publishing

Music

Obligations Concerned:

National Treatment (Article 10.3; Article 11.3) Most Favoured Nation Treatment (Article 10.4; Article

11.4)

str. 160Peru may adopt or maintain any measure that affords a person of the other Party the treatment that is afforded by that Party to Peruvian persons in the audiovisual, publishing, and music sectors.

str. 1619. Sector

Social Services

Obligations Concerned

National Treatment (Article 10.3, Article 11.3) Most Favoured Nation Treatment (Article 10.4, Article 11.4) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Board of Directors (Article 10.13)

Description Investment and Cross Border Trade in Services

str. 161Peru 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. 10. Sector:

Public Supply of Potable Water

Obligations Concerned:

Local Presence (Article 11.6)

Cross Border Trade in Services

str. 161Peru reserves the right to adopt or maintain any measure in relation to the public supply of potable water. Public Sewage Services

Obligations Concerned:

Local Presence (Article 11.6)

str. 161Peru reserves the right to adopt or maintain any measure in relation to public sewage services.

Telecommunications

str. 162Obligations Concerned:

Most Favoured Nation Treatment (Article 11.4)

Local Presence (Article 11.6)

Description: Cross Border Trade in Services

str. 162Peru 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. Education

Obligations Concerned:

National Treatment (Article 11.3) Most Favoured Nation Treatment (Article 11.4) Local Presence (Article 11.6)

str. 162Peru reserves the right to adopt or maintain any measure relating to natural persons who render educational services, including teachers and auxiliary personnel rendering educational services in basic and superior education including 'educación técnico productiva' as well as other people who render services related to education included sponsors of educational institutions of any level or stage of the educational system. 14. Sector:

Transport: Road Transport Services

Obligations Concerned:

National Treatment (Article 11.3)

Cross Border Trade in Services

str. 162Peru reserves the right to adopt or maintain any measure that authorizes only Peruvian natural or juridical persons to supply land transportation of persons or merchandises inside the territory of Peru (cabotage). For this, the enterprises shall use the Peruvian automobile park.

str. 16315. Sector:

Transport: International Road Transport Services

Obligations Concerned:

National Treatment (Article 10.3, Article 11.3) Most Favoured Nation Treatment (Article 10.4, Article 11.4) Local Presence (Article 11.6)

Description: Investment and Cross Border Trade in Services

str. 163Peru reserves the right to adopt or maintain any measure relating to the international land transportation of cargo or passengers in the bordering zones. Additionally, Peru reserves the right to adopt or maintain the following limitations for the supply of international land transportation from Peru:

1. the service supplier must be a Peruvian natural or juridical person;
2. must have a real and effective domicile in Peru; and
3. in the case of juridical persons, it must be legally constituted in Peru, more than fifty percent (50%) of the capital must be owned by Peruvian citizens and the effective control must be under Peruvian citizens. 16.

str. 164Sector:

All Sectors

Obligations Concerned:

Market Access (Article 11.5)

Description: Cross Border Trade in Services

str. 165Cabotage is exclusively reserved to Peruvian flagged vessels owned by a National Shipowner or National Ship Enterprise or leased under a financial lease or a bareboat charter, with an obligatory purchase option, except that:

- (i) Twenty five percent (25%) of the transport of hydrocarbons in national waters is reserved for the boats of the Peruvian Navy; and
- (ii) Foreign flagged vessels may be used by a National Shipowner or National Ship Enterprise for a period of no more than six (6) months for water transportation exclusively between Peruvian ports or cabotage when such an entity does not own its own vessels or lease vessels. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Advertising services : For (a), (b) and (c): None, except that: Commercial advertising produced in Peru, must have at least eighty percent (80%) of national artists. National artists shall receive no less than sixty percent (60%) of the total payroll for wages and salaries paid to artists. The same percentages established in the preceding paragraphs shall govern the work of technical personnel involved in commercial advertising. For (d): No commitments, except as indicated in the 'Ley de Artista, Intérprete y

Ejecutante' and 'Ley para

Trabajadores Extranjeros'. Market research and public opinion polling services, management consulting services, services related to management consulting, and technical testing and analysis services : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Services related to agriculture, hunting, and forestry : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Services related to mining, placement and supply services of personnel, and investigation and security services : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'.

Maintenance and repair of equipment (not including vessels, aircraft, or other transport equipment ), building cleaning services, photographic services, packing services and convention services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'.

str. 166Printing and publishing services : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores

Extranjeros'. Telecommunication Services : For (a), (b), (c) and (d): Peru reserves the right to adopt or maintain any measure that is not inconsistent with Peru's obligations under Article XVI of GATS, except for:

Carrier telecommunications services, private telecommunications services and value added services: For (a), (b), (c): None, except for the obligation of obtaining a concession, authorization, registry or any other title which Peru considers convenient to grant in order to habilitate the suppliers to provide these services. The juridical persons constituted under Peruvian law can be eligible for a concession. Call back, understood as being the offer of telephone services for the realization of attempts to make calls originating in the country with the objective of obtaining a return call with an invitation to dial, coming from a basic telecommunications network located outside the national territory, is prohibited. International traffic shall be routed through the installations of a company holding a concession or other permission for operation granted by the 'Ministerio de Transporte y Comunicaciones'. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. For greater certainty, Peru's telecommunication specific commitments under this entry shall not be interpreted to be in any way more restrictive with Peru's specific commitments under GATS. Commission agents services (except hydrocarbons) : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'.

str. 167Retailing services, except alcohol and tobacco : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de

Trabajadores Extranjeros'. Wholesale trade services (except hydrocarbons) : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de

Trabajadores Extranjeros'. Franchising : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Repairment services of domestic and personal belongings : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Hotels and restaurants (including catering), travel sagencies and tour operators services, and tourist guide services : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Entertainment services (including theater, live bands, and circuit services), news agencies services, libraries, archives, museums, and other cultural and sporting services: For (a), (b) and (c): None, except that:

- i. Any domestic artistic audiovisual production and any domestic artistic live performance must be comprised at least of eighty percent (80%) of national artists. National artists shall receive no less than sixty percent (60%) of the total payroll for wages and salaries paid to artists. The same percentages established in the preceding paragraphs shall govern the work of technical personnel involved in artistic activities. - ii. A foreign circus may stay in Peru with the original cast for a maximum of ninety (90) days. This period may be extended for the same period of time. If it is extended, the foreign circus will include a minimum of thirty percent (30%) Peruvian nationals as artists and fifteen (15%) Peruvian nationals as technicians. The same percentages shall apply to the payroll of salaries and wages

For (d): No commitments, except as indicated in the 'Ley de Artista, Intérprete y Ejecutante' and 'Ley para la Contratación de Trabajadores Extranjeros'. Exploitation of facilities for competitive and recreational sports: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'.

str. 168Recreational parks services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Road Transport: rental of commercial vehicles with operator, maintenance and repair of road transport equipment, and exploitation of roads, bridges and tunnels services : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Services auxiliary to all transport: cargo handling services; storage and warehouse services; freight transport agency services : For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Aircraft repair and maintenance services : For (a): No commitments. For (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Selling and marketing of air transport services, and computer reservation system services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores

Extranjeros'. Research and Development services on natural sciences: For (a), (b) and (c): None, except that a permission of operation may be required and the competent authority may state the incorporation to the expedition of one or more representatives of the Peruvian pertinent activities, in order to participate and know the studies and its scope. For (d): No commitments, execept as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Research and Development services on social sciences and humanities : For (a), (b) and (c): None, subject to the respective authorizations of the competent authority. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'. Interdisciplinary Research and Development services: For (a), (b) and (c): None, except that a permission of operation may be required. For (d): No commitments, except as indicated in the 'Ley para la Contratación de Trabajadores Extranjeros'.

str. 169For purpose of this non conforming measure:

1. (a) refers to the supply of a service from the territory of one Party into the territory of the other Party; 2. (b) refers to the supply of a service in the territory of a Party by one person of that Party to a person of the other Party;
3. (c) refers to the supply of a service in the territory of a Party by an investor of the other Party or by a covered investment; and
4. (d) refers to the supply of a service by a national of a

Party in the territory of the other Party.

ANNEX 11E : SINGAPORE CROSS BORDER TRADE IN SERVICES AND INVESTMENT RESERVATIONS FOR FUTURE MEASURES

HEADNOTE

str. 1691. This Annex sets out, pursuant to Article 10.14 (Non Conforming Measures) of Chapter 10 (Investment) and Article 11.7 (Non Conforming Measures) of Chapter 11 (Cross Border Trade in Services), the reservations taken by a Party for sectors, sub sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
2. (a) Article 10.3 (National Treatment) of Chapter 10 or Article 11.3 (National Treatment) of Chapter 11 (Cross Border Trade in Services);
3. (b) Article 10.4 (Most Favoured Nation Treatment) of Chapter 10 (Investment) or Article 11.4 (Most Favoured Nation Treatment) of Chapter 11 (Cross Border Trade in Services);
4. (c) Article 11.5 (Market Access) of Chapter 11 (Cross Border Trade in Services);
5. (d) Article 11.6 (Local Presence) of Chapter 11 (Cross Border Trade in Services);
6. (e) Article 10.7 (Performance Requirements) of Chapter 10 (Investment); or
7. (f) Article10.13 (Senior Management and Board of Directors) of Chapter 10 (Investment). 2. The sectors, sub sectors or activities to which a reservation applies shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.

str. 171Cross Border Trade in Services

Singapore reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, or other movement of natural persons, including immigration, entry or temporary entry, except that for the categories established in Annex 12A (Temporary Entry for Business Persons) Section A (Business Visitors), Section B (Investors) and Section C (Intra Company Transferees), such right is subject to the provisions of Chapter 12 (Temporary Entry for Business Persons) and Annex 12A (Temporary Entry for Business Persons).

Existing Measures

str. 1712. Sector

All

Industry Classification

Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to adopt or maintain any measure in relation to the divestment of the administrator and operator of airports. Existing

Measures

Classification

str. 171Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Local Presence (Article 11.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of health services by government owned or controlled healthcare institutions, such as hospitals and polyclinics, including investments in these institutions, hospitals and polyclinics.

str. 171Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Local Presence (Article 11.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of social services, social security, public training, public law enforcement, ambulance services, correctional services and fire fighting services.

str. 171Obligations

Concerned

National Treatment (Article 10.3)

Market Access (Article 11.5)

Local Presence (Article 11.6)

Most Favoured Nation Treatment (Article

str. 17210.4)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting, including but not limited to, the alienation and divestment of real estate owned by the State.

str. 172Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Existing Measures

str. 172Singapore reserves the right to maintain or adopt any measure affecting:

- (a) the full or partial devolvement to the private sector of services provided in the exercise of governmental authority;
- (b) the divestment of its equity interests in, and/or the assets of, an enterprise that is wholly owned by the Singapore government; and
- (c) the divestment of its equity interests in, and/or the assets of, an enterprise that is partially owned by the Singapore government. Urban and Land Planning and Development

Classification

str. 173Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Description

Cross Border Trade in Services and Investment

str. 174Singapore reserves the right to maintain or adopt any measure affecting the type of activities which may be conducted on land or the usage of land, including but not limited to, its land zoning, land use and urban planning policies.

Existing Measures

str. 174Administration and Operation of National Electronic Systems

Classification

str. 174Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the administration and operation of any national electronic system which contains proprietary information of the government or information gathered pursuant to regulatory functions and powers. Such measures apply to existing national electronic systems like TradeNet and Marinet and any other national electronic systems that may be established in the future. Arms and Explosives

str. 174Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Local Presence (Article 11.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and

str. 174Investment

Singapore reserves the right to maintain or adopt any measure affecting the arms and explosives sector. The manufacture, use, sale, storage, transport, importation, exportation and possession of arms and explosives are regulated for protection of vital security interests. Existing

Measures

Arms and Explosives Act, Cap. 13, Revised Edition 19

str. 17485

Broadcasting Services

Broadcasting services refers to the scheduling of a series of literary and artistic works by a content provider for aural and/or visual reception, and for which by a content provider has no choice over the scheduling of the series.

Industry Classification

str. 174Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to adopt or maintain any measures affecting broadcasting services receivable by Singapore's domestic audience, to international broadcasting services originating from Singapore, and to the allocation of spectrum in relation to broadcasting services. This reservation does not apply to the sole activity of transmitting licensed broadcasting services to a final consumer.

Existing

str. 176Business Services

Credit Reporting Services

Industry Classification

str. 176Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to adopt or maintain any measure affecting the supply of credit reporting services. Existing

Measures

Business Services

Patent Agent Services

str. 176Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to adopt or maintain any measure affecting the recognition of educational and professional qualifications for purposes such as admission, registration and qualification for patent agents. Existing

Measures

Patents Act, Cap. 221, 1995 Revised Edition

Real Estate Services

(does not apply to real estate consultancy services, real estate agency services, real estate auction services and real estate valuation services)

str. 177Industry

CPC 82 Real Estate Services

Classification

str. 177(does not apply to real estate consultancy services, real estate agency services, real estate auction services and real estate valuation services)

Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting real estate services. This includes, but is not limited to, measures affecting the ownership, sale, purchase, development and management of real estate. This reservation does not apply to real estate consultancy services, real estate agency services, real estate auction services and real estate valuation services. Existing Measures

Residential Property Act, Cap. 274, 2006 Revised Edition State Lands Act, Cap. 314, 1996 Revised Edition Housing and Development Act, Cap. 129, 1997 Revised Edition Jurong Town Corporation Act, Cap. 150, 1998 Revised Edition Executive Condominium Housing Scheme Act, Cap. 99A, 1997 Revised Edition Armed Escort Services and Armoured Car Services

Armed Guard Services

Industry

CPC 87305 Guard Services

str. 177Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the provision of armed escort, armoured car and armed guard services. Existing

Measures

Part IX of the Police Force Act, Cap. 235, 1985 Revised Edition.

str. 178Betting and Gambling Services

Industry Classification

str. 178Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of betting and gambling services. Existing

Measures

Betting Act, Cap. 21, 1985 Revised Edition Common Gaming Houses Act, Cap. 49, 1985 Revised Edition Private Lotteries Act Cap 250

16. Sector

Business Professional Services (Legal Services)

Industry

Classificatio

n

Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Local Presence (Article 11.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of legal services in Singapore.

Existing

str. 179Measures

Community, Personal and Social Services Services furnished by co operative societies Services furnished by trade unions

Industry

CPC 952 Services furnished by trade unions Classification

Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting services provided by co operative societies and trade unions. Existing

Measures

Co operative Societies Act, Cap. 62, 1985 Revised Edition Trade Unions Act, Cap. 333, 1985 Revised Edition

Existing Measure s

str. 17918. Sector

Defence

Industry Classification

Obligations

Concerned

National Treatment (Article 10.3)

Senior Management and Boards of Directors (Article 10.13)

Investment

str. 180Singapore reserves the right to adopt or maintain any measure in relation to the retention of a controlling interest by the Singapore Government in Singapore Technologies Engineering (the Company) and/or its successor body, including but not limited to controls over the appointment and termination of members of the Board of Directors, divestment of equity and dissolution of the Company for the purpose of safeguarding the security interest of Singapore. Distribution, Publishing and Printing of Newspapers

Newspapers means any physical publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments relating thereto or to any matter of public interest, printed in any language and published for sale or free distribution at intervals not exceeding one week.

Industry Classification

str. 180Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Existing Measures

str. 180Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the publishing or printing of newspapers, including but not limited to, shareholding limits and management control. The distribution of any newspaper, whether published outside of Singapore or in Singapore, shall be subject to the laws of Singapore. Newspaper and Printing Presses Act, Cap 206.

str. 1811991 Revised Edition

Trade Services Distribution Services Commission Agents' Services Wholesale Trade Services Retailing Services

Industry Classification

str. 181Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of any products subject to import prohibition or non automatic import licensing. Singapore reserves the right to modify and/or increase the list of products stipulated in the laws, regulations and other measures governing Singapore's import prohibition or non automatic import licensing regime. Existing Measures

21. Sector

Educational Services Primary Education Services

Secondary Education Services

Industry Classification

CPC 921 Primary Education Services

CPC 92210 General Secondary Education Services

CPC 92220 Higher Secondary Education Services (only applies to Junior colleges and pre university centres under the Singapore educational system)

Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of primary, general secondary and higher secondary (only applies to junior colleges and pre university centres under the Singapore educational system) education services for Singapore citizens, including Sport Education Services. Existing Measures

Industrial Classification

str. 182Obligations

Concerned

National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to adopt or maintain any measure in relation to the recognition of educational and professional qualifications for the purposes of admission, registration and qualification of health related professionals, including but not limited to contact lens practitioners, dentists, doctors, pharmacists, nurses, midwives and traditional Chinese medicine practitioners. Existing Measures

Contact Lens Practitioner Act, Cap. 53A, 1996 Revised Edition Dentists Act, Cap. 76, 2000 Revised Edition Medical Registration Act, Cap. 174, 1998 Revised Edition Nurses and Midwives Act, Cap. 209, 2005 Revised Edition Pharmacists Registration Act, Cap. 230, 1985 Revised Edition Traditional Chinese Medicine Practitioners Act, Cap. 333A, 2001 Revised Edition

str. 183Sewage and Refuse Disposal, Sanitation and Other Environmental Protection Services

Waste Water Management, including but not limited to collection, disposal and treatment of solid waste and waste water. Industry

CPC 9401 Sewerage Services

Classification

str. 183Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Local Presence (Article 11.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting waste water management, including but not limited to the collection, treatment and disposal of waste water. Existing

Measures

Code of Practice on Sewerage and Sanitary Works Sewerage and Drainage Act, Cap.

str. 184294, 2001 Revised Edition

Sewage and Refuse Disposal, Sanitation and Other Environmental Protection Services New Environmental Services

Industry Classification

str. 184Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of any new environmental services. Existing Measures

Telecommunications Services

Industry Classification

Obligations concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to restrict foreign ownership in facilities based telecommunication services up to forty nine percent (49%) foreign ownership. Existing Measures

Postal Services Courier Services

Industry Classification

Type of Reservation

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measures affecting the supply of Postal and Courier Services. Existing Measures

Trade Services

Supply of Potable Water for Human Consumption

Industry

CPC 18000 Natural Water

Classification

str. 184The sectors listed above apply only insofar as they relate to the supply of potable water.

str. 185Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Local Presence (Article 11.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of potable water. Existing

Measures

Public Utilities Act, Cap. 261, 1996 Revised Edition

Public Utilities Act 2001, Act 8 of 2001

Transport Services

Air Transport Services

Industry Classification

str. 185Obligations

Concerned

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Local Presence (Article 11.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Description

Cross Border Trade in Services and Investment

Existing Measures

str. 185Singapore reserves the right to maintain or adopt any measure affecting the investment in, and/or the supply of, computer reservation systems; air navigation services; air traffic control services; licensing of air traffic controllers; airspace management; air traffic flow information; air traffic and flight information; navigation services; aeronautical information; aerodrome rescue and fire fighting services; ground operations; terminal operations, flight information management; apron control services, security of aerodromes and commercial activities; and the real estate management of airports and heliports. Transport Services

Air Transport Services

Industry Classification

str. 186Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting, including but not limited to, the building, ownership, operation and management of airports and heliports in Singapore. Existing

Measures

Transport Services

Land Transport Services - Public Transport Services, including but not limited to Passenger Transportation services by Railway, Urban and Suburban Regular Transportation Services, Taxi Services; Bus and Rail Station Services and Ticketing Services related to public transport services

Public Transport Services are services which are used by and accessible to members of the public for the purposes of transporting themselves within Singapore.

str. 186Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of public transport services. Public transport services are services which are used by and accessible to members of the public for the purposes of transporting themselves within Singapore. Existing Measures

Rapid Transit Systems Act, Cap. 263A Land Transport Authority of Singapore Act, Cap. 158A, 1996 Revised Edition

Public Transport Council Act, Cap. 259B, 2000 Revised Edition Transport Services

Land Transport Services - Rail and Road Freight transportation.

str. 186Supporting services for rail and road transport services.

str. 186Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

str. 186Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of land transport services as set out above.

Existing

str. 186Sector

Transport Services

Services Auxiliary to All Modes of Transport

Industry Classificatio n

CPC 742, Storage and Warehousing Services CPC 748, Freight Transport Agency Services (does not apply to freight forwarding by air)

CPC 749, Other Supporting and Auxiliary Transport Services

Obligations Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7) Senior Management and Boards of Directors (Article 10.13) Most Favoured Nation Treatment (Article 10.4, Article 11.4)

Description

Cross Border Trade in Services and Investment

Singapore reserves the right to adopt or maintain any measure that accords treatment to persons of the other Party equivalent to any measure adopted or maintained by the other Party in relation to the provision of storage and warehousing, freight forwarding (excluding freight forwarding by air), inland trucking, container station, and depot services by persons of Singapore.

Existing Measures

str. 186Transport Services

Maritime Transport Services - Towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; port captain's services; navigation aids; emergency repair facilities; anchorage; and other shore based operational services essential to ship operations, including communications, water and electrical supplies.

Classificatio n

str. 186CPC 72140, Towing and Pushing Services

CPC 74510, Port and Waterway Operation Services

CPC 74520, Pilotage and Berthing Services

CPC 74530, Navigation Aid Services

CPC 74540, Vessel Salvage and Refloating Services

CPC 74590, Other Supporting Services for Water Transport

Obligations Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Cross Border Trade in Services and Investment

str. 186Singapore reserves the right to maintain or adopt any measure affecting the supply of towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; port captain's services; navigation aids; emergency repair facilities; anchorage; and other shore based operational services essential to ship operations, including communications, water and electrical supplies. For greater certainty, no measures shall be applied which deny international maritime transport operators reasonable and non discriminatory access to the above port services. Existing

Measures 35.

str. 186Sector

MPA Act Cap 170A, Section 41 (part VIII)

Transport Services

Internal Waterways Transport Services

Industry CPC 722, Transport Services By Non Seagoing Vessels Classification

Obligations

Concerned

Description

Existing

Measures

Obligations

Concerned

Market Access (Article 11.5) National Treatment (Article 10.3, Article 11.3) Local Presence (Article 11.6) Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Description

Cross Border Trade in Services and Investment

str. 187Industry classificat ion

Market Access (Article 11.5)

National Treatment (Article 10.3, Article 11.3)

Local Presence (Article 11.6)

Performance Requirements (Article 10.7)

Senior Management and Boards of Directors (Article 10.13)

Cross Border Trade in Services and Investment

Singapore reserves the right to maintain or adopt any measure affecting the supply of internal waterways transportation services. Trade Services

Wholesale trade services and retail trade services of alcoholic beverages and tobacco

Existing Measures

str. 188Singapore reserves the right to adopt or maintain any measure affecting the supply of wholesale and retail trade services of tobacco products and alcoholic beverages. All

ed Treatment (Article 10.4, Article 11.4)

e right to adopt or maintain any measure that accords differential under any bilateral or multilateral international agreement in the date of entry into force of this Agreement. e right to adopt or maintain any measure that accords differential under any international agreement in force or signed after the of this Agreement involving:

ort matters; t matters; rier Services matters; ation Services matters; atters try into force of this Agreement, the Parties shall review this d to courier services and e commerce matters with the objective to zation and better treatment between the Parties.

Services and Investment

str. 190Singapore reserves the right to adopt or maintain any measure that is not inconsistent with Singapore's obligations under Art XVI of the WTO General Agreement on Trade in Services, except for the following sectors and sub sectors subject to the limitation and conditions listed above:

Taxation Services except for other tax related services (CPC 863**) : For (a), (b), and (c) : None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons).

str. 191Other tax related services (CPC 86309**) : For (a) and (c), None, other than public accountants must be effectively resident in Singapore or at least one of the partners of the firm must be effectively resident in Singapore. Only Public Accountants registered with the Public Accountants Board Singapore can practice as tax Consultants for local tax laws. For (b), None. For (d), No commitments except as indicated in Chapter 12 (Temporary Entry of Business Persons).

Landscaping services (CPC 86742**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons).

str. 192Research and Development services on natural sciences, specifically biotechnology services and industrial research (CPC 851**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Research and Development services on social sciences and humanities, specifically economic and behavioural research (CPC 852**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Interdisciplinary Research and Development services for projects undertaken by education institutions (CPC 853**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Residential and non residential property management services on a fee or contract basis (CPC 82201, 82202) : For (a) and (c), None, except that only the Sentosa Development Corporation is allowed to develop and manage the resort island of Sentosa and its waterways and the Southern Islands of Singapore. For (b), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Rental/Leasing Services without Operators, Relating to Ships (CPC 83103) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Rental/Leasing Services without Operators, Relating to Aircraft (CPC 83104) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Rental/Leasing Services without Operators, Relating to Motor Vehicles (CPC 831**) : For (a), None except that the rental of such vehicles by Singapore residents with the intent to use the vehicles in Singapore is prohibited. For (b) and (c), None. For (d), No commitments except as indicated in Chapter 12 (Temporary Entry of Business Persons). Management Consulting Services (CPC 865) : For (a), (b) and

(c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Services related to management consulting (CPC 866) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Technical testing and analysis services, Technical testing and analysis services of motor vehicles (CPC 8676**) : For (a), No commitments. For (b) and (c), None.

str. 193For (d), No commitments except as indicated in Chapter 12 (Temporary Entry of Business Persons). Technical testing and analysis services, excluding testing and analysis services of motor vehicles and classification societies (CPC 8676**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Placement and supply services of personnel (CPC 872) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Investigation and security, Security consultation services (CPC 87302) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Investigation and security, Alarm monitoring services (CPC 87303) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Investigation and security, Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633, CPC 8861 - 8866**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Building Cleaning Services (CPC 874) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Photographic Services (CPC 875) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Packaging services (CPC 876) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Distribution Services, Commission Agents' Services except for pharmaceutical and medical goods and cosmetics (CPC 621, except CPC 62117) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Distribution Services, Wholesale Trade Services except for pharmaceutical goods and medical goods and surgical and orthopaedic instruments (CPC 622**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Distribution Services, Franchising Services (CPC 8929**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Education Services, Adult Education Services (CPC 924 n.e.c.) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons).

Education Services, Short term training including language courses (CPC 92900**) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons).

str. 194Environmental Services, Sanitation and similar services (CPC 9403) : For (a), No commitments. For (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Environmental Services, Cleaning services of exhaust gases (CPC 9404) : For (a), No commitments. For (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Environmental Services, Noise abatement services (CPC 9405) : For (a), No commitments. For (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Health related and Social Services, Acute care hospitals, nursing homes and convalescent hospitals as defined by the Private Hospitals and Medical Clinics Act, run on a commercial basis (CPC 93193**) : For (a), No commitments. For (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Health related and Social Services, Guidance and counseling services not elsewhere classified related to children (CPC 93322) : For (a), No commitments. For (b), None except no commitments for a non resident service supplier soliciting business or conducting active marketing in Singapore. For (c), None except no commitments for facilities/service operations run by non profit service suppliers that are partially or totally state funded. For (d) No commitments except as indicated in Chapter 12 (Temporary Entry of Business Persons). Health related and Social Services, Welfare services not delivered through residential institutions (CPC 93323) : For (a), No commitments. For (b), None except no commitments for a non resident service supplier soliciting business or conducting active marketing in Singapore. For (c), None except unbound for facilities/service operations run by non profit service suppliers that are partially or totally state funded. For (d), No commitments except as indicated in Chapter 12 (Temporary Entry of Business Persons). Tourism and Travel Related Services, Tourist Guide Services (CPC 7472) : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons).

str. 195Washing, Cleaning and dyeing services (CPC 9701) : For (a), No commitments. For (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Hairdressing and other beauty services (CPC 9702) : For (a), No commitments. For (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Funeral, cremation and undertaking services except maintenance services of cemeteries, care of graves and graveyards (CPC 97030**) : For (a), No commitments. For (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Maritime Auxiliary Services, International Towage : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). Maritime Auxiliary Services, Classification societies, except for statutory services for Singapore flag ships : For (a), (b) and (c), None. For (d), No commitments, except as indicated in Chapter 12 (Temporary Entry of Business Persons). For purpose of this non conforming measure:

1. (a) refers to the supply of a service from the territory of one Party into the territory of the other Party;
2. (b) refers to the supply of a service in the territory of a Party by one person of that Party to a person of the other Party;
3. (c) refers to the supply of a service in the territory of a Party by an investor of the other Party or by a covered investment; and 4. (d) refers to the supply of a service by a national of a Party in the territory of the other Party. *****

CHAPTER 12 : TEMPORARY ENTRY FOR BUSINESS PERSONS

ARTICLE 12.1 : GENERAL PRINCIPLES

str. 1951. This Chapter reflects the preferential trading relationship between the Parties, the mutual desire of the Parties to facilitate temporary entry of business persons under the provisions of Annex 12A (Temporary Entry for Business Persons), on a comparable basis; the necessity of establishing transparent criteria and procedures for temporary entry; and the need to ensure border security and to protect the domestic labor force and permanent employment in their respective territories. 2.

str. 196This Chapter does not apply to measures regarding citizenship, nationality, permanent residence, or employment on a permanent basis.

ARTICLE 12.2 : GENERAL OBLIGATIONS

str. 1961. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 12.1 (General Principles) and, in particular, shall apply expeditiously those measures so as to avoid unduly impairing or delaying trade in goods or services or conduct of investment activities under this Agreement. 2. For greater certainty, nothing in this Chapter shall be construed to prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to unduly impair or delay trade in goods or services or conduct of investment activities under this Agreement. The sole fact of requiring a visa, or other document authorizing employment to a business person for natural persons shall not be regarded as unduly impairing or impediment in the trade of goods or services or investment activities under this Agreement.

ARTICLE 12.3 : DEFINITIONS

ARTICLE 12.4 : GRANT OF TEMPORARY ENTRY

str. 1961. Each Party shall grant temporary entry to business persons who are otherwise qualified for entry under applicable measures relating to public health and safety and national security, in accordance with this Chapter, including the provisions of Annex 12A (Temporary Entry for Business Persons). 2. Each Party shall set any fees for processing applications for temporary entry of business persons in a manner consistent with paragraph 1 of Article 12.2 (General Obligations).

ARTICLE 12.5 : ONLINE LODGEMENT AND PROCESSING 1. Where possible, after the date of entry into force of this Agreement, the Parties shall provide facilities for online lodgement and processing:

str. 197- (a) in the case of Singapore, of employment passes which shall be applied for by the prospective employers; and

- (b) in the case of Peru, of labour contracts [1] 1

. 2. In order to facilitate the implementation of this Article as soon as possible, Parties shall encourage their respective authorities to share their experience in establishing such facilities.

ARTICLE 12.6 : PROVISION OF INFORMATION

str. 197In addition to Article 15.3 (Publication), each Party shall:

- (a) provide to the other Party such materials as will enable it to become acquainted with its measures relating to this Chapter; and
- (b) no later than six (6) months after the date of entry into force of this Agreement, prepare, publish, and make available in its own territory, and in the territory of the other Party, explanatory material, including references to applicable laws and regulations, in a consolidated document, regarding the requirements for temporary entry under this Chapter in such a manner as will enable business persons of the other Party to become acquainted with them.

ARTICLE 12.7 : IMPLEMENTATION

str. 197Parties shall establish appropriate mechanisms to facilitate the implementation and administration of this Chapter and to consider other matters of mutual interest affecting the temporary entry of business persons, such as:

- (a) establishing procedures to exchange information;
- (b) considering the development of measures to further facilitate temporary entry of business persons.

ARTICLE 12.8 : DISPUTE SETTLEMENT

str. 1971. A Party may not initiate proceedings under Article 17.6 (Request for a Panel) regarding a refusal to grant temporary entry under this Chapter or a particular case arising under paragraph 2 of Article 12.2 (General Obligations

str. 198) unless:
2. (a) the matter involves a pattern of practice; and
3. (b) the business person has exhausted the administrative remedies regarding the particular matter. 4. available
2. The remedies referred to in paragraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

ARTICLE 12.9: RELATION TO OTHER CHAPTERS

str. 1981. Except for this Chapter, Chapter1 (Initial Provisions and General Definitions), Chapter 16 (Administration of the Agreement), Chapter 17

(Dispute Settlement), and Chapter 19 (Final Provisions), and Article 15.2 (Contact Points), Article 15.3 (Publication), Article 15.4 (Notification and Provision of Information), and Article 15.5 (Administrative Proceedings), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures. 2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.

ARTICLE 12.10: TRANSPARENCY IN DEVELOPMENT AND APPLICATION OF REGULATIONS 12 2

str. 1981. Further to Chapter 15 (Transparency), each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding regulations relating to the temporary entry of business persons. 2. Each Party shall, within a reasonable period of time after an application requesting temporary entry is considered complete under its domestic laws and regulations, inform the applicant, either directly or through their prospective employers, of the decision concerning

the application, including the period of stay and other conditions. At the request of the applicant, the Party shall provide, without undue delay, information concerning the status of the application.

aCHAPTER 14:COMPETITION POLICY

ARTICLE 14.1 : PURPOSE

str. 199The purpose of this Chapter is to contribute to the fulfillment of the objectives of this Agreement through the promotion of fair competition and the curtailment of anti competitive business conduct within the free trade area.

ARTICLE 14.2 : COMPETITION LEGISLATION AND AUTHORITIES

str. 1991. Each Party shall adopt or maintain national competition laws that proscribe anti competitive business conduct and promote economic efficiency and consumer welfare, and shall take appropriate action with respect to such conduct. 2. Each Party shall maintain one or more national authorities responsible for the enforcement of its competition laws. The enforcement policy of the Parties' national authorities shall be consistent with the principles of transparency, timeliness, non discrimination and procedural fairness.

str. 2003. Each Party shall maintain its autonomy in developing and enforcing its competition laws.

ARTICLE 14.3 : COOPERATION

str. 2001. The Parties recognize the importance of cooperation and coordination to further effective competition law and policy development in the free trade area and agree to cooperate on these matters in accordance with the provisions of this Chapter and subject to their respective domestic laws. 2. Both Parties will seek to enhance a better understanding, communication and cooperation between the national authorities responsible for the enforcement of their competition laws, in relation to the issues to which this Chapter refers.

ARTICLE 14.4: NOTIFICATIONS

str. 2001. Each Party shall notify the other Party of an enforcement activity regarding an anti competitive business conduct if it considers that such enforcement activity may affect important interests of the other Party. 2. Notification shall take place at an early stage of the enforcement activity, provided that this is not contrary to the Parties' competition laws and does not affect any investigation being carried out, and shall indicate the entities involved and specify the particular goods or services and markets concerned.

ARTICLE 14.5 : TRANSPARENCY AND INFORMATION REQUESTS

str. 2001. The Parties recognize the value of transparency of their national competition policies. 2. On request, each Party shall make available to the other Party public information concerning its competition law enforcement activities, provided that this is not contrary to the Parties' competition laws and does not affect any investigation being carried out. 3. On request, each Party shall make available to the other Party public information concerning exemptions provided under its competition laws. Such a request shall specify the particular goods and markets of interest, and indicate whether the exemption restricts trade or investment between the Parties.

ARTICLE 14.6 : CONSULTATIONS

str. 2011. To foster understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, on request of the other Party, enter into consultations. In its request, the Party shall indicate, if relevant, how the matter affects trade or investment between the Parties. The Party addressed shall accord full and sympathetic consideration to the concerns of the other Party. 2. Any information or documents exchanged between the Parties in relation to any consultations conducted pursuant to this Chapter shall be kept confidential.

ARTICLE 14.7: DISPUTES

str. 2011. Nothing in this Chapter permits a Party to challenge any decision made by a national authority of the other Party in enforcing its applicable competition laws. 2. No Party shall have recourse to any dispute settlement procedures under this Agreement for any issue arising from or relating to this Chapter. 12 2 For greater certainty, 'regulations' includes regulations establishing or applying to licensing authorization or criteria. ANNEX 12A : TEMPORARY ENTRY FOR BUSINESS PERSONS

Section A - Business Visitors

str. 2011. Each Party shall grant temporary entry to a business person, without requiring that person to obtain an employment authorization, provided that the business person otherwise complies with immigration measures applicable to temporary entry, on presentation of:
2. (a) proof of nationality of a Party;
3. (b) documentation demonstrating that the business person will be so engaged and describing the purpose of entry; and
4.

str. 202(c) evidence demonstrating that the proposed business activity is international in scope and that the business person is not seeking to enter the local labor market. 2. Each Party may provide that a business person satisfy the requirements of paragraph 1(c) by demonstrating that:
6. (a) the primary source of remuneration for the proposed business activity is outside the territory of the Party granting temporary entry; and
7. (b) the business person's principal place of business and the actual place where the most part of profits are obtained remain outside such territory. 3. Neither Party may:
9. (a) as a condition for temporary entry under paragraph 1, require prior approval procedures, petitions, labour certification tests, or other procedures of similar effect; or
10. (b) impose or maintain any numerical restriction relating to temporary entry under paragraph 1. 4. Notwithstanding paragraph 3, a Party may require the business person who requests a temporary entry under this Section to obtain a visa or an equivalent document, in accordance with its domestic laws.

Section B Investors

str. 2025. Each Party shall grant temporary entry and provide confirming documentation to a business person seeking to establish, develop or administer an investment to which the business person or the business person's enterprise has committed, or is in the process of committing, a substantial amount of capital, in a capacity that is supervisory, executive, or involves essential skills, provided that the business person otherwise complies with immigration measures applicable to temporary entry.

str. 2036. Neither Party may:
2. (a) as a condition for temporary entry under paragraph 5, require labour certification tests or other procedures of similar effect; or
3. (b) impose or maintain any numerical restriction relating to temporary entry under paragraph 1. 7. Notwithstanding paragraph 6, a Party may require the business person who seeks a temporary entry under this Section to obtain, before the entry, a visa or an equivalent document, in accordance with its domestic laws.

Section C - Intra Company Transferees

str. 2038. Each Party shall grant temporary entry and provide confirming documentation to a business person employed by an enterprise who seeks to render services to that enterprise or a subsidiary or an affiliate thereof, as a manager, an executive, specialist, provided that the business person otherwise complies with immigration measures applicable to temporary entry. A Party may require the business person to have been employed continuously by the enterprise for one year within the 3 year period immediately preceding the date of the application for admission. 9. Neither Party may impose or maintain any numerical restriction relating to temporary entry under paragraph 8. 10. Each Party may require labour contract approval or any other document authorizing employment to a business person by the relevant authority as a requirement for temporary entry. 11. For the purpose of this section it is understood that:
5. (a) a manager - a business person within an organisation who primarily directs the organisation or a department or sub division of the organisation, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to hire and fire or take other personnel actions (such as promotion or leave authorisation), and exercises discretionary authority over day to day operations. This does not include a first line supervisor, unless the employees supervised are professionals, nor does this include an employee who primarily performs tasks necessary for the provision of the service or operation of an investment;
6. (b) an executive - a business person within an organisation who primarily directs the management of the organisation, exercises wide latitude in

decision making, and receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the business.

str. 204An executive would not directly perform tasks related to the actual provision of the service or the operation of an investment; or - (c) a specialist - a business person within an organisation who possesses knowledge at an advanced level of expertise or who possesses proprietary knowledge of the organisation's service, research equipment, techniques, or management. (A specialist may include, but is not limited to, members of a licensed profession.) 12. For greater certainty, nothing in this section shall be construed in a sense that affects the labour legislation of each Party.

For Peru

For Singapore

str. 2041. Upon arrival, short term business visitors will be granted a period of stay of up to thirty (30) days, and the period may be extended for a subsequent period of up to sixty (60) days, provided the conditions on which they are based remain in effect. 2. Entry for investors is for a period of up to two (2) years. 3. Entry for intra corporate transferees is for an initial period of up to two (2) years, which may be extended for periods of up to three (3) years at a time for a total term not exceeding eight (8) years, provided the conditions on which they are based remain in effect.

CHAPTER 13 : ELECTRONIC COMMERCE

ARTICLE 13.1 : GENERAL

str. 2051. The Parties recognize the economic growth and opportunities provided by electronic commerce and the importance of avoiding barriers to its use and development. To this end, a Party shall not:
2. (a) impose customs duties on electronic transmissions;
3. (b) impose unnecessary barriers on electronic transmission, including digital products; and
4. (c) impede the supply through electronic means of services which the Party has committed to under this Agreement, subject to any reservation set out herein. 2. For general certainty, nothing in this Chapter shall be construed to prevent a Party from imposing internal taxes or other internal charges on the domestic sale of digital products, provided that such taxes or charges are imposed in a manner consistent with this Agreement. ARTICLE 13.2 : PROTECTION FROM FRAUDULENT AND DECEPTIVE COMMERCIAL PRACTICES

The Parties recognize the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and deceptive commercial practices when they engage in electronic commerce.

ARTICLE 13.3 : DEFINITIONS

CHAPTER 15 : TRANSPARENCY

str. 206For purposes of this Chapter:

administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:

- (a) a determination or ruling made in an administrative proceeding that applies to a particular person, good, or service of another Party in a specific case; or
- (b) a ruling that adjudicates with respect to a particular act or practice.

ARTICLE 15.2 : CONTACT POINTS

str. 2061. Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. 2. On the request of the other Party, the contact point shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party. 3. Any information, request or notification provided under this Chapter shall be provided to the other Party through the contact point, unless otherwise agreed by the Parties.

ARTICLE 15.3 : PUBLICATION

str. 206Each Party shall ensure that its laws, regulations and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable the other Party and interested persons to become acquainted with them.

ARTICLE 15.4: NOTIFICATION AND PROVISION OF INFORMATION

str. 2061. To the maximum extent possible, each Party shall notify the other Party with an interest in the matter of any actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect that other Party's interests under this Agreement. 2. On request of the other Party, a Party shall promptly provide information to any actual measure, whether or not the other Party has been previously notified of that measure.

str. 2073. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.

ARTICLE 15.5: ADMINISTRATIVE PROCEEDINGS

str. 207With a view to administering in a consistent, impartial, and reasonable manner all measures referred to in Article 15.3 (Publication), each Party shall ensure, in its administrative proceedings applying such measures to particular persons, goods, or services of another Party in specific cases, that:

- (a) wherever possible, persons of another Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a proceeding is initiated; such notice shall include a

description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy;

- (b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
- (c) its procedures are in accordance with domestic law.

ARTICLE 15.6: REVIEW AND APPEAL

str. 2071. Each Party shall establish or maintain judicial or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of final administrative actions [1] 1 regarding matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter. 2. Each Party shall ensure that, in any such tribunals or procedures, the Parties to the proceeding are provided with the right to:
3. (a) a reasonable opportunity to support or defend their respective positions; and
4. (b) a decision based on the evidence and submissions of record or, where required by domestic law, the record compiled by the administrative authority. 3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decisions shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.

str. 208- [1] 1 For greater certainty, in the case of Singapore:

(a) the review of final administrative actions can take the form of common law judicial review; and

(b) the correction of final administrative actions may include a referral back to the body that took such action for corrective action.

CHAPTER 16:ADMINISTRATION OF THE AGREEMENT

ARTICLE 16.1 : THE FREE TRADE COMMISSION

str. 2081. The Parties hereby establish the Free Trade Commission, comprising the Minister of Foreign Trade and Tourism of Peru and the Minister for Trade and Industry of Singapore, or their designees. 2. The Commission shall:
3. (a) supervise the operation and implementation of this Agreement;
4. (b) oversee the further elaboration of this Agreement;
5. (c) seek to resolve disputes that may arise regarding the interpretation or application of this Agreement;
6. (d) supervise the work of all committees and working groups established under this Agreement;
7. (e) establish the amount of remuneration and expenses that will be paid to panelists; and
8. (f) consider any other matter that may affect the operation of this Agreement. 3. The Commission may:
10. (a) establish and delegate responsibilities to committees and working groups;
11. (b) consider and approve any amendment to this Agreement or modification to the commitments therein, subject to completion of the applicable legal procedures of each Party.

str. 209In the case of specific rules of origin, the amendments will enter into force immediately after the approval of the Commission; 12. (c) issue interpretations of the provisions of this Agreement;
13. (d) seek the advice of non governmental persons or groups; and
14. (e) take such other action in the exercise of its functions as the Parties may agree. 4. The Commission shall establish its rules and procedures. 5. The Commission shall convene within two (2) years of the entry into force of this Agreement, and subsequently as and when the Parties agree to be necessary. The first session of the Commission shall be held in a place to be mutually agreed by the Parties, and thereafter held alternately in the territory of each Party.

ARTICLE 16.2 : FREE TRADE AGREEMENT COORDINATORS

str. 2091. Each Party shall appoint a free trade agreement coordinator. 2. The coordinators shall work jointly to develop agendas and make other preparations for Commission meetings, and shall follow up on Commission decisions, as appropriate.

ARTICLE 16.3 : ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS

str. 2091. Each Party shall:
2. (a) designate an office that shall provide administrative assistance to the panels established under Chapter 17 (Dispute Settlement); and
3. (b) notify the Commission of the location of its designated office. 2. Each Party shall be responsible for the operation and costs of its designated office.

str. 209CHAPTER 16:ADMINISTRATION OF THE AGREEMENT

ARTICLE 16.1 : THE FREE TRADE COMMISSION 1. The Parties hereby establish the Free Trade Commission, comprising the Minister of Foreign Trade and Tourism of Peru and the Minister for Trade and Industry of Singapore, or their designees.

str. 2092. The Commission shall:
3. (a) supervise the operation and implementation of this Agreement;
4. (b) oversee the further elaboration of this Agreement;
5. (c) seek to resolve disputes that may arise regarding the interpretation or application of this Agreement;
6. (d) supervise the work of all committees and working groups established under this Agreement;
7. (e) establish the amount of remuneration and expenses that will be paid to panelists; and
8. (f) consider any other matter that may affect the operation of this Agreement. 3. The Commission may:
10.

str. 209(a) establish and delegate responsibilities to committees and working groups;
11. (b) consider and approve any amendment to this Agreement or modification to the commitments therein, subject to completion of the applicable legal procedures of each Party. In the case of specific rules of origin, the amendments will enter into force immediately after the approval of the Commission;
12. (c) issue interpretations of the provisions of this Agreement;
13. (d) seek the advice of non governmental persons or groups; and
14. (e) take such other action in the exercise of its functions as the Parties may agree. 4. The Commission shall establish its rules and procedures. 5. The Commission shall convene within two (2) years of the entry into force of this Agreement, and subsequently as and when the Parties agree to be necessary. The first session of the Commission shall be held in a place to be mutually agreed by the Parties, and thereafter held alternately in the territory of each Party.

ARTICLE 16.2 : FREE TRADE AGREEMENT COORDINATORS

str. 2101. Each Party shall appoint a free trade agreement coordinator. 2. The coordinators shall work jointly to develop agendas and make other preparations for Commission meetings, and shall follow up on Commission decisions, as appropriate.

ARTICLE 16.3 : ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS

str. 2101. Each Party shall:
2. (a) designate an office that shall provide administrative assistance to the panels established under Chapter 17 (Dispute Settlement); and
3. (b) notify the Commission of the location of its designated office. 2.

str. 211Each Party shall be responsible for the operation and costs of its designated office.

CHAPTER 17:DISPUTE SETTLEMENT

ARTICLE 17.1 : COOPERATION

str. 211The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation, consultations or other means to arrive at a mutually satisfactory resolution of any matter that might affect its operation.

ARTICLE 17.2 : SCOPE OF APPLICATION

str. 2111. Except as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that:
2. (a) a measure of the other Party is inconsistent with the obligations of this Agreement; or
3.

str. 212(b) the other Party has failed to carry out its obligations under this Agreement; 2. The rules, procedures and time frames set out in this Chapter may be waived, varied or modified by mutual agreement.

ARTICLE 17.3: CHOICE OF FORUM

str. 2121. Where a dispute regarding any matter arises under this Agreement or under another free trade agreement to which both Parties are party, or the WTO Agreement, the complaining Party may select the forum in which to settle the dispute. 2. Once the complaining Party has requested either way the intervention of the Commission or a panel under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of the others in respect of that matter, unless both Parties otherwise agree.

ARTICLE 17.4: CONSULTATIONS

str. 2121. A Party may request in writing consultations with the other Party with respect to any matter referred to in Article 17.2 (Scope of Application). 2. The requesting Party shall deliver the request to the other Party [1] 1 , and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal and factual basis for the complaint. 3. The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through consultations under this Article or other consultative provisions of this Agreement. To this end, the consulting Parties shall:
4. (a) provide sufficient information to enable a full examination of how the matter at issue might affect the operation and application of this Agreement; and
5. (b) treat any confidential information exchanged in the course of consultations on the same basis as the Party providing the information. 4. In the consultations under this Article, any consulting Party may request to the other Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter which is the subject of the consultations. 5. Consultations may be held in person or by any technological means available to the Parties.

str. 213In the event that the Parties decide to hold consultations in person, these shall be held in a place agreed by the Parties, or if there is no agreement, in the capital of the requested Party. 6. The consultation period shall not exceed forty five (45) days from the date of receipt of the formal request to initiate consultations, unless both Parties agree to extend this period. On disputes concerning perishable goods, the consultation period shall not exceed twenty (20) days from the date of receipt of the formal request to initiate consultations, unless both Parties agree to extend this period.

ARTICLE 17.5: FREE TRADE COMMISSION

str. 2131. If the Parties cannot settle the dispute within the term established in Article 17.4 (Consultations), only the complaining Party may request in writing the intervention of the Commission. 2. The complaining Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Article 6.15 (Consultation and Dispute Settlement) or Article 7.11 (Country Coordinators on Technical Barriers to Trade). 3. The requesting Party shall deliver the request to the other Party, and shall set out in the request, the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal and factual basis for the complaint. 4. Unless it decides otherwise, the Commission shall convene within ten (10) days of delivery of the request and shall endeavour to resolve the dispute promptly. The Commission may:
5. (a) call on such technical advisors or create such working groups or expert groups as it deems necessary;
6. (b) have recourse to good offices, conciliation, mediation, or such other dispute resolution procedures; or
7. (c) make recommendations. 5. The Commission may meet in person or through any other technological means available to the Parties that will allow them to carry out this stage of the proceedings. 6. If the Commission does not settle the dispute:
10. (a) within twenty (20) days, counted from the date on which the Commission meeting is held according to paragraph 4; or
11. (b) within ten (10) days for perishable goods, counted from the date on which the Commission meeting is held according to paragraph 4;

any Party may request the establishment of a Panel.

ARTICLE 17.6: REQUEST FOR A PANEL 1. Upon expiry of the consultation period, or the period for intervention of the Commission, if such intervention has been requested, either Party may send a written request to the other Party for the establishment of a Panel to consider the matter. The request must include an identification of the measure or other matter subject to the claim and the provisions of this Agreement considered pertinent, as well as any other relevant circumstances.

str. 2142. A Panel shall be established upon delivery of a request. 3. Unless otherwise agreed by the disputing Parties, the Panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter.

ARTICLE 17.7 : ROSTER

str. 2141. Within six (6) months of the date of entry into force of this Agreement, the Parties shall establish and subsequently maintain an indicative roster of up to ten (10) individuals, who are not nationals of the Parties and are willing and able to serve as panelists. The roster members shall be appointed by consensus between the Parties. The Parties may, by common agreement, change or include new panelists in the roster, whenever they consider it necessary. 2. The Parties may proceed to use the roster, even if it is incomplete, with the candidates already proposed and appointed by agreement under paragraph 1.

ARTICLE 17.8 : QUALIFICATIONS OF PANELISTS

str. 2141. Panelists shall:
2. (a) have expertise or experience in international trade law, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
3. (b) be chosen strictly on the basis of objectivity, impartiality, reliability, and sound judgment;
4. (c) be independent of and not be affiliated with or take instructions from, any Party; and
5. (d) comply with the Code of Conduct established by the Commission. 2. Individuals may not serve as panelists for a dispute in which they have participated pursuant to paragraph 4 of Article 17.4 (Consultations).

ARTICLE 17.9 : PANEL SELECTION

str. 215The Parties shall apply the following procedures in selecting a Panel:
2. (a) The Panel shall comprise three (3) members. 3. (b) Each Party shall appoint a panelist within fifteen (15) days of the delivery of the request for the establishment of the Panel. If a Party does not appoint a panelist within this period, the panelist will be selected by lot by the Director General of the WTO, within a maximum of fifteen (15) days, from among the members of the indicative roster. 4. (c) The Parties shall endeavour to agree on a third panelist who shall serve as the chairperson of the Panel within fifteen (15) days of the appointment of the second panelist. If the Parties cannot reach an agreement during this period, the two appointed panelists shall endeavour to unanimously select a third panelist to serve as chairperson within the following fifteen (15) days. If the panelists cannot agree, the chairperson shall be selected by lot by the Director General of the WTO from among the members of the indicative roster, within a maximum of fifteen (15) days. 5. (d) For purposes of sub paragraphs (b) and (c), in the event that the Director General of the WTO is a national of either Party, the Deputy Director General of the WTO or the officer next in seniority who is not a national of either Party shall be requested to make the necessary selections. 6. (e) Each Party shall endeavour to appoint panelists who have expertise or experience relevant to the subject matter of the dispute, as appropriate. 2. If a Party believes that a panelist is in violation of the Code of Conduct, both Parties shall consult and, if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.

ARTICLE 17.10 : RULES OF PROCEDURE

str. 2151. The Commission shall establish Model Rules of Procedure, which shall ensure:
2. (a) a right to at least one hearing before the Panel;
3. (b) an opportunity for each Party to provide initial and rebuttal written submissions; and
4. (c) the protection of confidential information. 2. Unless the Parties otherwise agree, the Panel shall conduct its proceedings in accordance with the Model Rules of Procedure. 6.

str. 2163. The Commission may modify the Model Rules of Procedure. 4. Unless the Parties otherwise agree within twenty (20) days from the date of the delivery of the request for the establishment of the Panel, the Terms of Reference shall be:
9. 'To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the panel request and to make findings, determinations and recommendations, as provided in Article 17.12 (Initial Report).' 5. If a Party wishes the Panel to make findings as to the degree of adverse trade effects on either Party of any measure found not to conform with the obligations of the Agreement, the terms of reference shall so indicate. 6. The location of the proceedings of the Panel shall be decided by mutual agreement of the Parties, failing which, it shall alternate between the capitals of the Parties in alphabetical order.

ARTICLE 17.11 : ROLE OF EXPERTS

str. 2161. On request of a Party, or on its own initiative, unless both Parties disapprove it, the Panel may seek information and technical advice from any person or body that it deems appropriate. The requirements established in Article 17.8 (Qualifications of Panelists) shall also be applicable to the selection of experts, as appropriate. 2. Before the Panel may request information or technical advice, appropriate procedures must be established in consultation with the Parties. The Panel shall provide the Parties with:
3. (a) prior notification and time to make observations before the Panel regarding requests for information and technical advice pursuant to paragraph 1; and
4. (b) a copy of any information or technical advice submitted in answer to a request made pursuant to paragraph 1, and the time to submit comments. 3. When the Panel takes into consideration such information or technical advice in the preparation of its report, it shall also take into account any comments or observations submitted by the Parties on the information or technical advice.

ARTICLE 17.12 : INITIAL REPORT

str. 2161. Unless the Parties otherwise agree, the Panel shall base its report on the relevant provisions of the Agreement, the submissions and arguments of the Parties, and on any information before it pursuant to Article 17.11 (Role of Experts). 2. Unless the Parties otherwise agree, the Panel shall, within one hundred and twenty (120) days, and within eighty (80) days in the case of perishable goods, after the last panelist is selected, present to the Parties an initial report containing:

str. 2173. (a) findings of fact, including any findings pursuant to a request under Article 17.10.5 (Rules of Procedure), together with reasons;
4. (b) its determination as to whether the measure at issue is inconsistent with this Agreement or any other determination requested in the terms of reference; and
5. (c) its recommendations, if any, for resolution of the dispute. 3. A Party may submit written comments to the Panel on its initial report within fourteen (14) days of presentation of the report or within such other period as the Parties may agree. A copy of the comments submitted shall be provided to the other Party. 4. After considering any such written comments on the initial report, the Panel, on its own initiative or on the request of either Party, may request or receive the views of a Party, reconsider its report, and make any further examination it considers appropriate.

ARTICLE 17.13 : FINAL REPORT

str. 2171. The Panel shall present a final report to the Parties, containing the elements listed in Article 17.12.2 (Initial Report), and including any separate opinions on matters not unanimously agreed, within forty five (45) days of presentation of the initial report, unless the Parties otherwise agree. 2. The Parties shall release the final report to the public within fifteen (15) days thereafter, subject to the protection of confidential information. 3. Findings, determinations and recommendations of a Panel shall not add to or diminish the rights and obligations of the Parties under this Agreement.

ARTICLE 17.14 : REQUEST FOR CLARIFICATION OF THE FINAL REPORT

str. 2171. Within ten (10) days of the presentation of the final report by the Panel, either Party may submit a written request to the Panel for clarification of its final report. Any clarification by the Panel shall not affect its findings, determinations and recommendations. 2. The Panel shall respond to the request within no more than twenty (20) days, counted from the presentation of the request. The request for clarification will not postpone the deadline for compliance with the adopted decision, unless the Panel decides otherwise or if the circumstances so require.

ARTICLE 17.15 : SUSPENSION AND TERMINATION OF PROCEEDINGS 1. The Parties may agree to suspend the work of the Panel at any time for a period not exceeding twelve (12) months from the date of such agreement. In any event, if the work of the Panel has been suspended for more than twelve (12) months, the authority for establishment of the Panel shall lapse unless the Parties agree otherwise. If the authority of the Panel has lapsed and the Parties have not reached an agreement on the settlement of the dispute, nothing in this provision shall prevent a Party from instituting new proceedings relating to the same matter.

str. 2182. The Parties may agree to terminate the proceedings before a Panel at any time by jointly notifying the chairperson of the Panel to this effect.

ARTICLE 17.16 : IMPLEMENTATION OF THE REPORT

str. 2181. On receipt of the final report of the Panel, the Parties shall agree on the resolution of the dispute, which shall normally comply with the determinations and recommendations, if any, of the Panel. 2. If the Panel determines that a Party has not conformed to its obligations under this Agreement, the resolution, whenever possible, shall be to eliminate the non conformity, unless otherwise agreed by the Parties. 3. Nothing in this Article shall prevent the Parties from, at any time, agreeing to resolve the dispute in a manner that departs from any findings, determinations or recommendations of the panel.

ARTICLE 17.17 : NON IMPLEMENTATION-SUSPENSION OF

BENEFITS

str. 2181. If a Panel has made a determination of the type described in Article 17.13 (Final Report) and the Parties are unable to reach agreement on a resolution pursuant to Article 17.16 (Implementation of the Report) within thirty (30) days of receiving the final report, or such other period as the disputing Parties agree, the Party complained against shall enter into negotiations with the complaining Party with a view to developing mutually acceptable compensation. This compensation shall be paid from the moment the Parties agree to it until the Party complained against complies, unless otherwise agreed by the Parties.

str. 219- (a) are unable to agree on compensation within thirty (30) days after the period for developing such compensation has begun, or
- (b) have agreed on compensation or on a resolution pursuant to Article 17.16 (Implementation of the Report), and the complaining Party considers that the other Party has failed to observe the terms of the agreement,

the complaining Party may at any time thereafter provide written notice to the Party complained against that it intends to suspend the application, to that Party, of benefits of equivalent effect. The notice shall specify the level of benefits that the Party proposes to suspend [2] 2 . The complaining Party may begin suspending benefits thirty (30) days after the date on which it provides written notice under this paragraph, or seven (7) days after the Panel issues its determination under paragraph 3, as the case may be. 3. If the Party complained against considers that:
2. (a) the level of benefits proposed to be suspended is manifestly excessive; or,
3. (b) it has eliminated the non conformity that the Panel has found,

it may, within thirty (30) days after the complaining Party provides notice under paragraph 2, request that the original Panel be reconvened to consider the matter. The Party complained against shall deliver its request in writing to the complaining Party. The Panel shall reconvene as soon as possible after delivery of the request and shall present its determination to the disputing Parties within sixty (60) days after it reconvenes. Where the original Panel cannot hear the matter for any reason, a new Panel shall be appointed pursuant to the procedures set out in Article 17.9 (Panel Selection). If the Panel determines that the level of benefits proposed to be suspended is manifestly excessive, it shall determine the level of benefits it considers to be of equivalent effect. 4. The complaining Party may suspend benefits up to the level the Panel has determined under paragraph 3 or, if the Panel has not determined the level, the level the complaining Party has proposed to suspend under paragraph 2, unless the Panel has determined that the Party complained against has eliminated the non conformity. 5. If the Panel decides that the Party complained against has eliminated the non conformity, the complaining Party shall promptly reinstate any benefits such Party has suspended under paragraph 3. 6. In considering what benefits to suspend pursuant to paragraph 2:
4. (a) a complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the Panel has found to be inconsistent with the obligations of this Agreement; and
5. (b) a complaining Party that considers it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors.

str. 2207. The suspension of benefits shall be temporary and shall only be applied until such time as:
7. (a) the Party eliminates the non conformity that the Panel has found; or
8. (b) a mutually satisfactory solution is reached.

ARTICLE 17.18 : COMPLIANCE REVIEW

str. 2201. In those cases where suspension of benefits have been applied, and the Party complained against considers that:
2. (a) has eliminated the non conformity that the Panel has found; or
3. (b) has complied with any mutually satisfactory solution reached; or
4. (c) the level of benefits suspended is manifestly excessive

it may refer the matter to the Panel by providing written notice to the complaining Party. The Panel shall issue its report on the matter within thirty (30) days, and within fifteen (15) days in the case of perishable goods, after the Party complained against provides notice. 2. If the Panel decides that the Party complained against has eliminated the non conformity, the complaining Party shall promptly reinstate any benefits suspended under Article 17.17 (Non Implementation-Suspension of Benefits). 3. If the Panel determines that the level of benefits suspended by the complaining Party is manifestly excessive, it shall determine the level of benefits that it considers to be of equivalent effect, with which the complaining Party shall comply.

ARTICLE 17.19 : FIVE YEAR REVIEW

str. 220The Commission shall review the operation and effectiveness of Articles 17.16 (Implementation of the Report) and 17.17 (Non Implementation-Suspension of Benefits) every five (5) years, unless otherwise agreed by the Parties. CHAPTER 18 : EXCEPTIONS

ARTICLE 18.1 : GENERAL EXCEPTIONS

str. 2211. For purposes of Chapters 2 through 7, Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis . The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non living exhaustible natural resources. 2. For purposes of Chapter 10 (Investment), Chapter 11 (Cross Border Trade in Services), Chapter 12 (Temporary Entry for Business Persons) and Chapter 13 (Electronic Commerce) [1] 1 , Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis . The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal, or plant life or health.

ARTICLE 18.2 : ESSENTIAL SECURITY

str. 221Nothing in this Agreement shall be construed:

- (a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or
- (b) to preclude a Party from applying measures that it considers necessary for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.

ARTICLE 18.3 : TAXATION

str. 2211. Except as set out in this Article, nothing in this Agreement shall apply to taxation measures. 2. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax convention. In the event of any inconsistency between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency. In the case of a tax convention between the Parties, the competent authorities under that convention shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that convention. 3. Articles 10.10 (Expropriation and Nationalisation) and 10.17 (Investor State Dispute Settlement) shall apply to taxation measures to the extent that such a taxation measure constitute expropriation as provided for therein 18 2 . An investor that seeks to invoke Article 10.10 (Expropriation and Nationalisation) with respect to

a taxation measure must first refer to the competent authorities described in paragraph 4, at the time that it gives notice under Article 10.17 (Investor State Dispute Settlement), the issue of whether that taxation measure involves an expropriation. If the competent authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six (6) months of such referral, the investor may submit its claim to arbitration under Article 10.17 (Investor State Dispute Settlement).

str. 2224. For the purposes of this Article, competent authorities means:
2. (a) for Singapore, Chief Tax Policy Officer, Ministry of Finance, or his successor or such other public officer as may be designated by Singapore; and
3. (b) for Peru, Ministerio de Economía y Finanzas, or his successor or such other public officer as may be designated by Peru.

ARTICLE 18.4 : DISCLOSURE OF INFORMATION

str. 222Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the public

18 2 With reference to Article 10.10 (Expropriation and Nationalisation), in assessing whether a taxation measure constitutes expropriation, the following considerations are relevant:

- (a) the imposition of taxes does not generally constitutes expropriation. The mere introduction of new taxation measures or the imposition of taxes in more than one jurisdiction in respect of an investment, does not in and itself constitute expropriation;
- (b) taxation measures which are consistent with internationally recognised tax policies, principles and practices do not constitute expropriation and in particular, taxation measures aimed at preventing the avoidance or evasion of taxes should not, generally, be considered to be expropriatory; and
- (c) taxation measures which are applied on a non discriminatory basis, as opposed to being targeted at investors of a particular nationality or specific individual taxpayers, are less likely to constitute expropriation. A taxation measure should not constitute expropriation if, when the investment is made, it was already in force, and information about the measure was made public or otherwise made publicly available. interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

ARTICLE 18.5 : DEFINITIONS

str. 222For purposes of this Chapter:

1. tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement; and

2.

taxation measures do not include:

- (a) customs duties; or
- (b) the measures listed in sub paragraphs (b) and (c) of paragraph 5 of Article 2.2 (Definitions). 1. The Parties may agree in writing on any amendment of this Agreement. 2.

str. 223Such amendment shall enter into force and constitute an integral part of this Agreement on the date on which the Parties have exchanged notes confirming the completion of their respective applicable legal procedures. CHAPTER 19 : FINAL PROVISIONS

ARTICLE 19.1 : ANNEXES, APPENDICES, AND FOOTNOTES

The Annexes, Appendices, and footnotes to this Agreement

constitute an integral part of this Agreement.

ARTICLE 19.3 : AMENDMENT OF THE WTO AGREEMENT

str. 223If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall modify the same provisions of this Agreement, unless otherwise agreed by the

Parties.

ARTICLE 19.4 : RELATION TO OTHER AGREEMENTS

str. 223In case of any inconsistency between this Agreement and any other agreement to which both Parties are parties, the Parties shall consult with each other with a view to finding a mutually satisfactory solution in accordance with public international law.

ARTICLE 19.5: ENTRY INTO FORCE

str. 223This Agreement shall enter into force on the date on which the Parties have exchanged notes confirming the completion of their respective applicable legal procedures for its entry into force.

ARTICLE 19.6 : ACCESSION

str. 2231. Any country or group of countries may accede to this Agreement subject to such terms and conditions as may be agreed between such country or countries and the Parties and following approval in accordance with the applicable legal procedures of each country. 2. This Agreement shall not apply as between any Party and any acceding country or group of countries if, at the time of the accession, either Party does not consent to such accession. ARTICLE 19.7 : DENUNCIATION Either Party may denounce this Agreement by written notification to the other Party and such denunciation shall take effect six months after the date of the notification. ARTICLE 19.8 : AUTHENTIC TEXTS The English and Spanish texts of this Agreement are equally authentic. In the event of any divergence between the texts, the English text shall prevail. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement. DONE at Lima, in English and Spanish, this 29th day of May, 2008. FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF THE REPUBLIC OF THE REPUBLIC OF PERÚ SINGAPORE MERCEDES ARAOZ LIM HNG KIANG Minister of Foreign Trade and Minister for Trade and Tourism Industry