Peru - United States Trade Promotion Agreement

(Note: This HTML markup version of the agreements has been prepared by SICE. A PDF version can be found here)

Preamble   Back to top!
Chapter 1 Initial Provisions and General Definitions Back to top!
Section A

Initial Provisions

Article 1.1

Establishment of a Free Trade Area

Article 1.2

Relation to Other Agreements

Section B

General Definitions

Article 1.3

Definitions of General Application


Annex 1.3: Country-Specific Definitions

Chapter 2 National Treatment and Market Access for Goods Back to top!
Article 2.1

Scope and Coverage

Section A

National Treatment

Article 2.2

National Treatment

Section B

Tariff Elimination

Article 2.3

Tariff Elimination

Section C

Special Regimes

Article 2.4

Waiver of Customs Duties

Article 2.5

Temporary Admission of Goods

Article 2.6

Goods Re-entered After Repair or Alteration

Article 2.7

Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials

Section D

Non-Tariff Measures

Article 2.8

Import and Export Restrictions

Article 2.9

Import Licensing

Article 2.10

Administrative Fees and Formalities

Article 2.11

Export Taxes

Section E

Other Measures

Article 2.12

Distinctive Products

Section F

Institutional Provisions

Article 2.13

Committee on Trade in Goods

Section G


Article 2.14

Scope and Coverage

Article 2.15

Administration and Implementation of Tariff-Rate Quotas

Article 2.16

Agricultural Export Subsidies

Article 2.17

Export State Trading Enterprises

Article 2.18

Agricultural Safeguard Measures

Article 2.19

Sugar Compensation Mechanism

Article 2.20

Consultations on Trade in Chicken

Article 2.21

Committee on Agricultural Trade

Section H


Article 2.22



Annex 2.2: National Treatment and Import and Export Restrictions


Annex 2.3: Tariff Elimination


Annex 2.18: Agricultural Safeguard Measures

  Annex 2.3 - Tariff Schedule of the United States PDF  
  Annex 2.3 - U.S. Notes PDF  
  Annex 2.3 - Tariff Schedule of PeruPDF  
  Annex 2.3 - Peru NotesPDF  
  ITA Side LetterPDF  
Chapter 3 Textiles and Apparel Back to top!
Article 3.1

Textile Safeguard Measures

Article 3.2

Customs Cooperation and Verification of Origin

Article 3.3

Rules of Origin, Origin Procedures, and Related Matters

Article 3.4

Committee on Textile and Apparel Trade Matters

Article 3.5



Annex 3-A: Textile and Apparel Specific Rules of Origin  for Chapters 42, 50 through 63, 66, 70, and 94


Annex 3-B: Short Supply List

  Annex 3-C: Textile or Apparel Goods Not Covered by Chapter Three

Appendix: Correlation Table for Textile and Apparel Goods

Chapter 4 Rules of Origin and Origin Procedures Back to top!
Section A

Rules of Origin

Article 4.1

Originating Goods

Article 4.2

Regional Value Content

Article 4.3

Value of Materials

Article 4.4

Further Adjustments to the Value of Materials

Article 4.5


Article 4.6

De Minimis

Article 4.7

Fungible Goods and Materials

Article 4.8

Accessories, Spare Parts, and Tools

Article 4.9

Sets of Goods

Article 4.10

Packaging Materials and Containers for Retail Sale

Article 4.11

Packing Materials and Containers for Shipment

Article 4.12

Indirect Materials Used in Production

Article 4.13

Transit and Transshipment

Article 4.14

Consultation and Modifications

Section B

Origin Procedures

Article 4.15

Claims for Preferential Treatment

Article 4.16


Article 4.17

Record Keeping Requirements

Article 4.18


Article 4.19

Obligations Relating to Importations

Article 4.20

Obligations Relating to Exportations

Article 4.21

Common Guidelines

Article 4.22


Article 4.23



Annex 4.6: Exceptions to Article 4.6

  Annex 4.1 - Specific Rules of Origin PDF  
Chapter 5 Customs Administration and Trade Facilitation Back to top!
Article 5.1


Article 5.2

Release of Goods

Article 5.3


Article 5.4

Risk Management

Article 5.5


Article 5.6


Article 5.7

Express Shipments

Article 5.8

Review and Appeal

Article 5.9


Article 5.10

Advance Rulings

Article 5.11


Chapter 6 Sanitary and Phytosanitary Measures Back to top!
Article 6.1

Scope and Coverage

Article 6.2

General Provisions

Article 6.3

Standing Committee on Sanitary and Phytosanitary Matters

  SPS Exchange of Letters (January 2006) PDF  
  SPS Exchange of Letters ( April 2006) PDF  
  SPS Exchange of Letters (October 2006) PDF  
Chapter 7 Technical Barriers to Trade Back to top!
Article 7.1

Affirmation of the TBT Agreement

Article 7.2

Scope and Coverage

Article 7.3

Trade Facilitation

Article 7.4

Conformity Assessment

Article 7.5

Technical Regulations

Article 7.6


Article 7.7

Committee on Technical Barriers to Trade

Article 7.8

Information Exchange

Article 7.9



Annex 7.7: Committee on Technical Barriers to Trade

Chapter 8 Trade Remedies Back to top!
Section A

Safeguard Measures

Article 8.1

Imposition of a Safeguard Measure

Article 8.2

Standards for a Safeguard Measure

Article 8.3

Investigation Procedures and Transparency Requirements

Article 8.4

Notification and Consultation

Article 8.5


Article 8.6

Global Safeguard Measures

Article 8.9


Section B

Antidumping and Countervailing Measures

Chapter 9 Government Procurement Back to top!
Article 9.1

Scope and Coverage

Article 9.2

General Principles

Article 9.3

Publication of Procurement Information

Article 9.4

Publication of Notices

Article 9.5

Time Limits

Article 9.6

Information on Intended Procurements

Article 9.7

Conditions for Participation

Article 9.8

Limited Tendering9-11

Article 9.9

Treatment of Tenders and Awarding of Contracts

Article 9.10

Ensuring Integrity in Procurement Practices

Article 9.11

Domestic Review of Supplier Challenges

Article 9.12

Modifications and Rectifications to Coverage

Article 9.13

Disclosure of Information

Article 9.14


Article 9.15

Committee on Procurement

Article 9.16


  Annex 9.1PDF  
Chapter 10 Investment Back to top!
Section A


Article 10.1

Scope and Coverage

Article 10.2

Relation to Other Chapters

Article 10.3

National Treatment

Article 10.4

Most-Favored-Nation Treatment

Article 10.5

Minimum Standard of Treatment

Article 10.6

Treatment in Case of Strife

Article 10.7

Expropriation and Compensation

Article 10.8


Article 10.9

Performance Requirements

Article 10.10

Senior Management and Boards of Directors

Article 10.11

Investment and Environment

Article 10.12

Denial of Benefits

Article 10.13

Non-Conforming Measures

Article 10.14

Special Formalities and Information Requirements

Section B

Investor-State Dispute Settlement

Article 10.15

Consultation and Negotiation

Article 10.16

Submission of a Claim to Arbitration

Article 10.17

Consent of Each Party to Arbitration

Article 10.18

Conditions and Limitations on Consent of Each Party

Article 10.19

Selection of Arbitrators

Article 10.20

Conduct of the Arbitration

Article 10.21

Transparency of Arbitral Proceedings

Article 10.22

Governing Law

Article 10.23

Interpretation of Annexes

Article 10.24

Expert Reports

Article 10.25


Article 10.26


Article 10.27

Service of Documents

Section C


Article 10.28



Annex 10-A: Customary International Law


Annex 10-B: Expropriation


Annex 10-C: Service of Documents on a Party under Section B

Chapter 11 Cross-Border Trade in Services Back to top!
Article 11.1

Scope and Coverage

Article 11.2

National Treatment

Article 11.3

Most-Favored-Nation Treatment

Article 11.4

Market Access

Article 11.5

Local Presence

Article 11.6

Non-Conforming Measures

Article 11.7

Domestic Regulation

Article 11.8

Transparency in Developing and Applying Regulations

Article 11.9


Article 11.10

Transfers and Payments

Article 11.11

Denial of Benefits

Article 11.12

Specific Commitments

Article 11.13


Article 11.14



Annex 11-A


Annex 11-B: Professional Services


Annex 11-C


Annex 11-D: Express Delivery Services


Annex 11-E: [Reserved]

  Side Letter on State Measures PDF  
  Side Letter on Peruvian Measures PDF  
Chapter 12 Financial Services Back to top!
Article 12.1

Scope and Coverage

Article 12.2

National Treatment

Article 12.3

Most-Favored-Nation Treatment

Article 12.4

Market Access for Financial Institutions

Article 12.5

Cross-Border Trade

Article 12.6

New Financial Services

Article 12.7

Treatment of Certain Information

Article 12.8

Senior Management and Boards of Directors

Article 12.9

Non-Conforming Measures

Article 12.10


Article 12.11

Transparency and Administration of Certain Measures

Article 12.12

Self-Regulatory Organizations

Article 12.13

Payment and Clearing Systems

Article 12.14

Expedited Availability of Insurance Services

Article 12.15

Specific Commitments

Article 12.16

Financial Services Committee

Article 12.17


Article 12.18

Dispute Settlement

Article 12.19

Investment Disputes in Financial Services

Article 12.20



Annex 12.1.3(a): Understanding Concerning Article 12.1.3(a)

  Annex 12.5.1: Cross-Border Trade  

Annex 12.11: Transparency


Annex 12.14: Expedited Availability of Insurance Services


Annex 12.15: Specific Commitments


Annex 12.16.1: Financial Services Committee

  Understandings Regarding Financial Services and ServicesPDF  
Chapter 13 Competition Policy, Designated Monopolies, and State Enterprises Back to top!
Article 13.1


Article 13.2

Competition Law and Anticompetitive Business Conduct

Article 13.3


Article 13.4

Working Group

Article 13.5

Designated Monopolies

Article 13.6

State Enterprises

Article 13.7

Differences in Pricing

Article 13.8

Transparency and Information Requests

Article 13.9


Article 13.10

Dispute Settlement

Article 13.11


Chapter 14 Telecommunications Back to top!
Article 14.1 Scope and Coverage  
Article 14.2

Access to and Use of Public Telecommunications Services

Article 14.3

Obligations Relating to Suppliers of Public Telecommunications Services

Article 14.4

Additional Obligations Relating to Major Suppliers of Public Telecommunications Services

Article 14.5

Submarine Cable Systems

Article 14.6

Conditions for the Supply of Information Services

Article 14.7

Independent Regulatory Bodies and Government-owned Telecommunications Suppliers

Article 14.8

Universal Service

Article 14.9

Licenses and Other Authorizations

Article 14.10

Allocation and Use of Scarce Resources

Article 14.11


Article 14.12

Resolution of Telecommunications Disputes

Article 14.13


Article 14.14

Flexibility in the Choice of Technologies

Article 14.15


Article 14.16 Relationship to Other Chapters  
Article 14.17



Annex 14-A: Rural Telephone Suppliers - Peru

Chapter 15 Electronic Commerce Back to top!
Article 15.1


Article 15.2

Electronic Supply of Services

Article 15.3

Digital Products

Article 15.4


Article 15.5

Consumer Protection

Article 15.6


Article 15.7

Paperless Trade Administration

Article 15.8


Chapter 16 Intellectual Property Rights Back to top!
Article 16.1

General Provisions

Article 16.2


Article 16.3

Geographical Indications

Article 16.4

Domain Names on the Internet

Article 16.5


Article 16.6

Related Rights

Article 16.7

Obligations Common to Copyright and Related Rights

Article 16.8

Protection of Encrypted Program-Carrying Satellite Signals

Article 16.9


Article 16.10

Measures Related to Certain Regulated Products

Article 16.11

Enforcement of Intellectual Property Rights

Article 16.12

Promotion of Innovation and Technological Development

Article 16.13

Understandings Regarding Certain Public Health Measures

Article 16.14

Final Provisions


Annex 16.1: Peru

  ISP Side LetterPDF  
  Retransmission Side LetterPDF  
Chapter 17 Labor Back to top!
Article 17.1

Statement of Shared Commitments

Article 17.2

Fundamental Labor Rights

Article 17.3

Enforcement of Labor Laws

Article 17.4

Procedural Guarantees and Public Awareness

Article 17.5

Institutional Arrangements

Article 17.6

Labor Cooperation and Capacity Building Mechanism

Article 17.7

Cooperative Labor Consultations

Article 17.8



Annex 17.6: Labor Cooperation and Capacity Building Mechanism

Chapter 18 Environment Back to top!
Article 18.1

Levels of Protection

Article 18.2

Environmental Agreements

Article 18.3

Enforcement of Environmental Laws

Article 18.4

Procedural Matters

Article 18.5

Mechanisms to Enhance Environmental Performance

Article 18.6

Environmental Affairs Council

Article 18.7

Opportunities for Public Participation

Article 18.8

Submissions on Enforcement Matters

Article 18.9

Factual Records and Related Cooperation

Article 18.10

Environmental Cooperation

Article 18.11

Biological Diversity

Article 18.12

Environmental Consultations and Panel Procedure

Article 18.13

Relationship to Environmental Agreements

Article 18.14



Annex 18.2: Covered Agreements

Chapter 19 Transparency Back to top!
Section A


Article 19.1

Contact Points

Article 19.2


Article 19.3

Notification and Provision of Information

Article 19.4

Administrative Proceedings

Article 19.5

Review and Appeal

Article 19.6


Section B


Article 19.7

Statement of Principle

Article 19.8

Cooperation in International Fora

Article 19.9

Anti-Corruption Measures

Article 19.10


Chapter 20 Administration of the Agreement and Trade Capacity Building Back to top!
Section A

Administration of the Agreement

Article 20.1

The Free Trade Commission

Article 20.2

Free Trade Agreement Coordinators

Article 20.3

Administration of Dispute Settlement Proceedings

Section B

Trade Capacity Building

Article 20.4

Committee on Trade Capacity Building


Annex 20.1: The Free Trade Commission

Chapter 21 Dispute Settlement Back to top!
Section A

Dispute Settlement

Article 21.1


Article 21.2

Scope of Application

Article 21.3

Choice of Forum

Article 21.4


Article 21.5

Intervention of the Commission

Article 21.6

Request for an Arbitral Panel

Article 21.7

Indicative Roster

Article 21.8

Qualifications of Panelists

Article 21.9

Panel Selection

Article 21.10

Rules of Procedure

Article 21.11

Third Party Participation

Article 21.12

Role of Experts

Article 21.13

Initial Report

Article 21.14

Final Report

Article 21.15

Implementation of Final Report

Article 21.16

Non-Implementation − Suspension of Benefits

Article 21.17

Compliance Review

Article 21.18

Five-Year Review

Section B

Domestic Proceedings and Private Commercial Dispute Settlement

Article 21.19

Referral of Matters from Judicial or Administrative Proceedings

Article 21.20

Private Rights

Article 21.21

Alternative Dispute Resolution

Chapter 22 Exceptions Back to top!
Article 22.1

General Exceptions

Article 22.2

Essential Security

Article 22.3


Article 22.4

Disclosure of Information

Article 22.5



Annex 22.3: Competent Authorities

Chapter 23 Final Provisions Back to top!
Article 23.1

Annexes, Appendices, and Footnotes

Article 23.2


Article 23.3

Amendment of the WTO Agreement

Article 23.4

Entry into Force and Termination

Article 23.5


Article 23.6

Authentic Texts

Annex I Non-Conforming Measures for Services and Investment Back to top!
  Formatting NotePDF  
  Schedule of the United StatesPDF  
  Schedule of PeruPDF  
Annex II Non-Conforming Measures for Services and Investment Back to top!
  Formatting NotePDF  
  Schedule of the United StatesPDF  
  Schedule of PeruPDF  
Annex III Non-Conforming Measures for Financial Services Back to top!
  Schedule of the United States - Including Formatting NotePDF  
  Schedule of Peru - Including Formatting NotePDF  
  Understanding Regarding Biodiversity and Traditional KnowledgePDF Back to top!
Full Text of the Agreement PDF  
Source: Office of the United States Trade Representative (USTR) Offsite link!  



About the Agreement
  12 April 2006
  Entry into Force
  01 February 2009
Trade Policy Developments

Related information Related information

Topics Covered in the Agreement
Other related documents
  Environmental Cooperation AgreementEnviroment
  Understandings Enviroment