Peru, 2004
Chapter 1 : Tariffs[1] |
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Objective
APEC economies will achieve free and open trade in the Asia-Pacific region by:
a. progressive reduction of tariffs until the Bogor goals are fully achieved; and
b. ensuring the transparency of APEC economies’ respective tariff regimes.
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Guidelines
Each APEC economy will:
a. take into account, in the process of achieving the above objectives, intra-APEC trade trends, economic interests, sectors or products related to industries in which this process may have positive impact on trade and on economic growth in the Asia-Pacific region and developments in the new economy;
b. ensure that the achievement of the above objective is not undermined by the application of unjustifiable measures; and
c. consider extending, on a voluntary basis, to all APEC economies the benefits of tariff reductions and eliminations derived from sub-regional arrangements.
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Collective Actions
APEC economies will:
a. participate and ensure the expeditious supply and updates of the WTO Integrated Database and any other APEC databases;
b. arrange for seminars and/or workshops on industrial tariffs negotiations in consultation with international organisations, where appropriate, including WTO Secretariat on WTO Integrated Tariff Database;
c. study lessons from modalities for tariff reduction and elimination in regional arrangements; and
d. encourage the accession of all economies to the WTO Information Technology Agreement, including the adoption of ITA provisions by non-members of the WTO.
The current CAP relating to tariffs can be found in the Tariffs and Non-Tariff Measures Collective Action Plan
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Peru’s Approach to Tariffs in 2004
Peru, being a small economy, with a mission to increase welfare levels and promote the efficient allocation of resources, has a trade policy oriented towards increasing liberalization. Consistently with this purpose, during the last few years, Peru has unilaterally reduced both tariff levels and tariff dispersion; Peru has participated in the multilateral trade liberalization efforts within the WTO and also, Peru is taking part in a number of trade liberalization agreements with some individual and group of countries: Brazil, Cuba, Chile, Free Trade Area of the Americas (FTAA), Andean Community (CAN), MERCOSUR, among others (Please refer to Tariff Preferences for further detail). Currently, Peru is participating in Free Trade Agreements with United States of America (with countries Andeans Colombia and Ecuador, and Bolivia as observant country) and Thailand.
The President of Peru is responsible for defining Peru’s tariff policy (article number 118º of the Political Constitution of Peru). However, the Ministry of Economy and Finance (MEF) is the institution on which this task has been delegated.
Contact: Luis Monroy (lmonroy@mef.gob.pe), Ministry of Economic and Finance
Links of interest (only in Spanish)
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Case Study of a Tariff Liberalisation Initiative
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Peru’s Approach to Tariffs in 2004 |
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Section |
Improvements Implemented Since Last IAP |
Current Tariff Arrangements |
Further Improvements Planned |
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Bound Tariffs
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There have not been any changes in committed bound tariffs.
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Peru maintains in WTO a bound tariff rate at 30% for most tariff lines, except 29 agricultural tariff lines (maize, wheat, rice, sugar , sugar substitutes and some dairy products), that have higher bound tariff which will converge to a flat bound tariff of 68% in 2004.
Contact point for further details: Luis Monroy, lmonroy@mef.gob.pe. Department of International Economy and Competition, Vice-Ministry of Economy, MEF
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Applied Tariffs
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On December 24th,Peru established Safeguard of Provisional Transition to imports of original textile products from People's Republic of China, corresponding to 106 national tariff lines classified in 12 textile categories (Supreme Decree Nº 026-2003-MINCETUR).
On December 31st 2003, Peru modified tariff rates to 4% ad-valorem CIF to 1029 national tariff lines and to 7% ad-valorem CIF to 82 national tariff lines, in addition, reduced the tariff rates from 25% to 17% ad-valorem CIF to 2 wheat tariff lines. Finally, Peru prorogued the additional tariff surcharge ad-valorem CIF equivalent to 5% and consequently 220 national tariff lines will maintain 12% tariff rate ad-valorem CIF until December (Supreme Decree Nº 193-2003-EF)
On February 26th 2004, Peru reduced to 0% tariff rate ad-valorem CIF of 109 tariff lines corresponding to capital goods of agricultural sector. (Supreme Decree Nº 031-2004-EF)
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The current Peruvian tariff structure has 5 main tariff levels, 0%, 4%, 7%, 12% and 20%. However, considering additional five temporary points tariff surcharge for some agricultural items, Peru’s tariff structure has 8 levels ranging from 0% to 25%.
The following table illustrates these 7 levels:
Tariff Share Share Levels Tariff Lines 2003 import Values 0% 1,56% 1,96% 4% 37,23% 25,93% 7% 1,84% 9,09% 9% 0,01% 0,00% 12% 43,22% 53,84% 17% 0,69% 3,32% 20% 10,90% 3,88% 25% 4,55% 1,98% Total 100,00% 100,00%
Notice that the 12% rate concentrates 43% of tariff lines and 54% of the value of imports for the year 2003.
The current simple average tariff of this structure is 10,2%.
Contact point for further details:Luis Monroy, lmonroy@mef.gob.pe Direction of International Economy and Competition, Vice-Ministry of Economy MEF |
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Tariff Quotas
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Tariff Preferences
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In August 2003, Peru signed a Free Trade Agreement with MERCOSUR. http://www.mincetur.gob.pe
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Peru, simultaneously with its unilateral and multilateral efforts for the liberalization of the economy in the 90s, has signed a number of trade agreements and is currently involved in additional trade negotiations. The main participation of Peru in trade agreements and negotiations are:
Moreover, Peru benefits from a greater access to markets of several countries under the Generalized System of Preferences (United States, European Union, Canada and Japan), and from the special regime being offered by the United States for the substitution of coca leaf production and its illegal use in favor of other alternative production activities, which in 2002 was extended to apparel items under the now Andean Trade Preference and Drug Erradication Act (ATPDEA). Free market access to over 5,500 products. http://www.mincetur.gob.pe
For further information on ATPDEA please contact: atpdea@mincetur.gob.pe
Contact point for further details: Luzmila Zegarra, lzegarra@mef.gob.pe. Direction of International Economy and Competition, Vice-Ministry of Economy, MEF
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With respect to the tariff changes in the year 2003, MEF has published in its webpage a whole section about it, in order to inform the public the rationality of the measures.
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Peru’s tariff regime is transparent. The rates and modifications are published in the following WebPages: (only in Spanish):
http://www.sunat.gob.pe/http://www.mef.gob.pe/
Peru regularly updates tariff information for the APEC Tariff Database (http://www.apectariff.org/).
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Peru will update its tariff information for the APEC tariff database (http://www.apectariff.org/)
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Improvements Peru’s Approach to Tariff Measures since 1998 |
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Section |
Position at Base Year (1998) |
Cumulative Improvements Implemented to Date |
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Bound Tariffs
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In 1998, Peru maintained in WTO a bound tariff rate at 30% for most tariff lines, except 23 agricultural tariff lines (maize, wheat, rice, sugar and dairy products).
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Applied Tariffs
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In 1998 there were only two tariff levels. 20% for textiles, leather goods, processed food and some domestic electric machinery (15% of the tariff lines) and 12% for the rest (85%) of the tariff lines. The average tariff at that year was 13,1.
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Since February 2004 there are eight tariff lines. The complete tariff structure has been shown under the subject Applied Tariffs for 2003. The average tariff is 10,2.
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Tariff Quotas
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Peru was not applying tariff quotas.
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Peru does not apply tariff quotas.
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Tariff Preferences
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· Since 1997 Peru has reassumed all of its obligations within the Andean Community, although it does not apply the Common External Tariff (CET). · As part of the Andean Community, in 1998 Peru agreed with MERCOSUR to form a Free Trade Area.
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· In 2001 Peru has signed with Cuba a Partial Trade Agreement. · Peru and his Andean partners have deepen the bilateral trade preferences with Brazil and Argentina in the year 2002. · In august of 2003 Peru has signed a Free Trade Agreement with MERCOSUR.
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Transparency of Tariff Regime
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All tariff changes were required to be published in the official newspaper El Peruano.
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All tariff changes are required to be published in the official newspaper El Peruano, its website, website of the National Superintendence of Tax Administration (SUNAT) and the Ministry of Economics and Finance website
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APEC INDIVIDUAL ACTION PLAN: TARIFF SUMMARY REPORT FOR {Year} |
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(PLEASE COMPLETE BOXES) |
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All Goods |
Agriculture excluding Fish |
Fish and Fish Products |
Petroleum Oils |
Wood, Pulp, Paper and Furniture |
Textiles and Clothing |
Leather, Rubber, Footwear and Travel Goods |
Metals |
Chemical & Photographic Supplies |
Transport Equipment |
Non-Electric Machinery |
Electric Machinery |
Mineral Products, Precious Stones & Metals |
Manufactured Articles, n.e.s |
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ITEM |
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Bound tariff lines as a percentage of all lines |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
100.0% |
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Duty-free tariff lines as a percentage of all lines |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
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Preferential tariff lines as a percentage of all lines |
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Ratio of tariff lines with quotas to all lines |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
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Simple average bound tariff rate 1/ 2/ |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
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Simple average applied tariff rate |
10.2 |
15.2 |
11.9 |
11.0 |
10.3 |
17.7 |
10.4 |
8.6 |
7.2 |
6.7 |
5.6 |
8.1 |
8.0 |
9.0 |
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Simple average applied preferential tariff rate - indicate for each preferential arrangement 3/ |
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Average applied tariff rate for all lines subject to duty |
10.2 |
15.2 |
11.9 |
11.0 |
10.3 |
17.7 |
10.4 |
8.6 |
7.2 |
6.7 |
5.6 |
8.1 |
8.0 |
9.0 |
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Import-weighted average applied tariff rate - specify FOB or CIF 4/ |
10.0 |
12.9 |
12.0 |
12.0 |
10.6 |
16.6 |
11.6 |
8.8 |
8.1 |
9.4 |
7.3 |
8.9 |
7.5 |
8.9 |
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Import-weighted average bound tariff rate - specify FOB or CIF 2/ |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
30.0 |
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Notes |
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1/ Under the Uruguay Agreement, Peru committed to bind tariff rates at 30% for all goods except 3 agricultural items, that will reach a single rate of 60% in year 2004 2/ There exist 29 agriculture tariff lines with bounds in the range of 97% - 185% refered to maize, wheat, sugar, rice and Dairy products. In these items the bounds will be uniformed at 68% in 2004. 3/ There exist a Free Trade Agreement with Chile and a Preferential Trade Agreement with Mexico. 4/ Weighted by the 2003CIF import values.
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APEC INDIVIDUAL ACTION PLAN: TARIFF DISPERSION TABLE FOR {Year} |
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(PLEASE COMPLETE BOXES) |
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All Goods |
Agriculture excluding Fish |
Fish and Fish Products |
Petroleum Oils |
Wood, Pulp, Paper and Furniture |
Textiles and Clothing |
Leather, Rubber, Footwear and Travel Goods |
Metals |
Chemical & Photographic Supplies |
Transport Equipment |
Non-Electric Machinery |
Electric Machinery |
Mineral Products, Precious Stones & Metals |
Manufactured Articles, n.e.s |
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NUMBER OF TARIFFS AT OR BETWEEN |
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0% |
1.6 |
6.5 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.7 |
1.5 |
2.4 |
0.2 |
4.9 |
0.0 |
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0%<X<=5% |
37.2 |
9.7 |
1.5 |
12.5 |
21.5 |
3.2 |
32.9 |
41.4 |
59.3 |
58.9 |
77.3 |
46.6 |
36.3 |
35.0 |
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5%<X<=10% |
1.9 |
0.4 |
0.0 |
0.0 |
0.6 |
0.0 |
0.9 |
1.7 |
0.0 |
8.4 |
3.5 |
3.1 |
10.0 |
4.2 |
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10%<X<=15% |
43.2 |
43.2 |
98.5 |
87.5 |
77.9 |
22.9 |
52.2 |
56.9 |
40.0 |
31.2 |
13.3 |
50.1 |
48.8 |
60.8 |
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15%<X<=20% |
11.6 |
7.0 |
0.0 |
0.0 |
0.0 |
73.9 |
14.0 |
0.0 |
0.0 |
0.0 |
3.5 |
0.0 |
0.0 |
0.0 |
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>20% |
4.5 |
33.2 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
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Specific |
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TOTAL |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
100.0 |
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Note |
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[1] “Tariffs” here refers to import/export tariffs as well as tariff quotas.
Chapter 2 : Non-Tariff Measures[1] |
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Objective
APEC economies will achieve free and open trade in the Asia-Pacific region by:
a. progressively reducing NTMs to the maximum extent possible to minimize possible distortion to trade;
b. in respect to WTO members: · Elimination of any measures inconsistent with WTO agreements · Full compliance with WTO agreements in accordance to WTO commitments; and
c. ensuring the transparency of APEC economies’ respective non-tariff measures.
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Guidelines
Each APEC economy will:
a. take into account, in the process of progressive reduction of non-tariff measures, intra-APEC trade trends, economic interests and sectors or products related to industries in which this process may have positive impact on trade and on economic growth in the Asia-Pacific region;
b. ensure that the progressive reduction of non-tariff measures is not undermined by the application of unjustifiable measures; and
c. consider extending, on a voluntary basis, to all APEC economies the benefits of reductions and eliminations of non-tariff measures derived from sub-regional arrangements.
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Collective Actions
APEC economies will:
a. pursue incorporation of information on non-tariff measures into a future version of the APEC tariff database and compile a list of measures recognized as non-tariff impediments and a list of products affected by these impediments;
b. identify industries in which the progressive reduction of non-tariff measures may have positive impact on trade and on economic growth in the Asia-Pacific region or for which there is regional industry support for early liberalization;
c. progressively reduce export subsidies with a view to abolishing them; and
d. abolish unjustifiable export prohibitions and restrictions and endeavor to refrain from taking any such new measures;
e. pursue a series of seminars/policy discussions on non-tariff measures (NTMs); and
f. undertake research to develop best practices to enhance transparency and progressively reduce NTMs
The current CAP relating to non-tariff measures can be found in the Tariffs and Non-Tariff Measures Collective Action Plan.
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Peru’s Approach to Non-Tariff Measures in 2004
Integral to Peru’s trade policy is the absence of trade distorting non-tariff measures, either for imports or exports. Regarding import restrictions and prohibitions, they are applied only for environmental, health, preservation of biodiversity, protection of cultural heritage and internal security reasons. The same rationale applies for exports.
In the case of Minimum Import Prices, Peru applies a System of Band Prices for some agricultural items (maize, rice, sugar, sugar subsitutes and some dairy products) that include minimum prices allowed for the import of these items. Peru’s policy objectives are basically the following:
i) to compensate national producers from international agricultural market distortions; ii) to stabilize domestic prices; iii) protect low-income agricultural farmers.
Variable Specific Duties provide an important source of revenue for the agricultural sector, since the collected duties are exclusively channeled to the Agricultural Development Fund.
Regarding legislation governing import surcharges, as in the case of tariff policy, its definition corresponds to the President of the Republic, according to the article number 118º of the Political Constitution of Peru. However, the institution in charge to carry out the policy is the Ministry of Economy and Finance.
Contact: Luis Monroy , Ministry of Economics and Finance (lmonroy@mef.gob.pe)
Links of interest (only in Spanish)
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Peru’s Approach to Non-Tariff Measures in 2004 |
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Section |
Improvements Implemented Since Last IAP |
Current Non-Tariff Measures Applied |
Further Improvements Planned |
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Quantitative Import Restrictions/ Prohibitions
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No changes |
Peru does not apply quantitative import restrictions nor prohibitions other than for sanitary, health, internal security, environmental, biodiversity and cultural heritage protection.
Contact point for further details: Luzmila Zegarra, lzegarra@mef.gob.pe Direction of International Economy and Competition, Vice-Ministry of Economy
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Quantitative Export Restrictions/ Prohibitions
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No changes |
Peru does not apply quantitative export restrictions or prohibitions other than for biodiversity and cultural heritage protection. |
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Import Levies
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No changes |
Apart from ad-valorem tariffs and variable specific surcharge tariffs, imports (as any other good traded domestically) are subject in general to a value-added tax (Impuesto General de Ventas, IGV) of 19% (with some exemptions). Some tariff items such as fuel oils, cigarettes, liquors, beer, wines, and vehicles are subject to an additional excise tax.
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Export Levies
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No changes |
Peru does not apply export levies
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Discretionary Import Licensing
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No changes |
Peru does not apply Discretionary Import Licensing |
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Automatic Import Licensing |
No changes |
Peru does not apply Automatic Import Licensing |
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Discretionary Export Licensing
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No changes |
Peru does not apply Discretionary Export Licensing |
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Voluntary Export Restraints
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No changes
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Peru does not apply Voluntary Export Restraints |
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Export Subsidies
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No changes |
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Minimum Import Prices
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In June 2004, Custom Tables for 45 tariff lines were extended until June 2005. |
Since 1991 Peru has established a mechanism of variable specific surcharges for some agricultural tariff lines. The application of this duty is carried out every time the corresponding import price falls below the minimum established import price. However, this scheme has recently been enhanced with a ceiling price, so when the corresponding import price surpasses that ceiling a tariff rate reduction comes into effect, restraining the price rise. Therefore, this system protects the producer through the floor price and the consumer through the ceiling price, from significant international price fluctuations, helping to stabilize domestic prices. Since September 2002 Variable Specific Duties apply to 45 tariff items in four product groups: maize, rice, sugar, sugar substitutes and some dairy products. Contact point for further details: José Carlos Farfan, jfarfan@mef.gob.pe Direction of International Economy and Competition, Vice-Ministry of Economy. MEF |
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Measures Maintained
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Improvements in Peru’s Approach to Non-Tariff Measures since 1998 |
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Section |
Position at Base Year (1998) |
Cumulative Improvements Implemented to Date |
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Position
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Since 1990, Peru has adopted a free market economy framework eliminating all kind of trade restrictions, with the exceptions of environmental, sanitary, technical, moral, health and national security measures and in accordance with the rules of the WTO.
In general, the Ministry of Economics and Finance is the only public institution that can impose measures aimed to restrict the free trade of goods. However, this faculty has been rarely used.
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Integral to Peru’s trade policy is the absence of trade distorting non-tariff measures, either for imports or exports. Regarding import restrictions and prohibitions, they are applied only for environmental, health, preservation of biodiversity, protection of cultural heritage and internal security reasons. The same rationale applies for exports.
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Quantitative Import Restrictions/ Prohibitions
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Peru does not apply quantitative import restrictions and/or prohibitions other than for sanitary, health, internal security, environmental, biodiversity and cultural heritage protection |
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Quantitative Export Restrictions/ Prohibitions
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Peru does not apply quantitative export restrictions or prohibitions other than for biodiversity and cultural heritage protection.
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Apart from ad-valorem tariffs and variable specific surcharge tariffs, imports (as any other good traded domestically) are subject in general to a value-added tax (Impuesto General de Ventas, IGV) of 18% (with some exemptions). Some tariff items such as fuel oils, cigarettes, liquors, beer, wines, and vehicles are subject to an additional excise tax.
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In 2004, the General Value added tax (IDV) was increased to 19%. |
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Discretionary Import Licensing
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Discretionary Export Licensing
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Peru does not apply Voluntary Export Restraints
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Since 1991 Peru has established a mechanism of variable specific surcharges for some agricultural tariff lines. The application of this duty is done whenever the market price of an item included within the system falls below a floor import price.
Variable Specific Duties were applied in 1998 to 29 tariff items in four product groups: maize, rice, sugar and dairy products.
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In the case of Minimum Import Prices, Peru applies a System of Band Prices for some agricultural items (maize, rice, sugar, sugar substitutes and some dairy products) that includes minimum prices allowed for the import of these items. Peru’s policy objectives are basically the following:
i) to compensate national producers from international agricultural market distortions; ii) to stabilize domestic prices; iii) to protect low-income agricultural farmers.
Variable Specific Duties provide an important source of revenue for the agricultural sector, since the collected duties are exclusively channeled to the Agricultural Development Fund.
Regarding legislation governing import surcharges, as in the case of tariff policy, its definition corresponds to the President of the Republic, according to the article number 118º of the Political Constitution of Peru. However, the institution in charge to carry out the policy is the Ministry of Economy and Finance.
In February 2001, Peru updated its Customs tables (Supreme Decree Nº 021-2001-EF)
In June 2001, Peru modified the mechanism of variable specific rights with a System of Band Prices, introducing ceiling prices in order to reduce tariff rates when international prices exceed these ceilings. (Supreme Decree Nº 115-2001-EF),
In January 2002, Peru updated the Customs Table for 29 tariff lines related to agricultural products.(Supreme Decree Nº 001-2002-EF)
In September 2002, Peru updated the Sugar Custom Table for 7 tariff lines. Also Custom Tables for 38 tariff lines related to agricultural products were extended until June 2003. (Supreme Decree Nº 153-2002-EF)
In June 2003, Custom Tables for 45 tariff lines were extended by Peru until June 2004.
In June 2004, Custom Tables for 45 tariff lines were extended by Peru until June 2005.
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Measures Maintained
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[1] These non-tariff measure include but are not restricted quantitative import/export restrictions/prohibitions, import/export levis, minimum import prices, discretionary import/export licensing, voluntary export restraints and export subsidies
Chapter 3 : Services |
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Objective
APEC economies, in accordance with the APEC Policy Framework for Work on Services, will achieve free and open trade and investment in the Asia-Pacific region by:
a. progressively reducing restrictions on market access for trade in services;
b. progressively providing for inter-alia most favored nation (MFN) treatment and national treatment for trade in services;
c. providing, in regulated sectors, for the fair and transparent development, adoption and application of regulations and regulatory procedures for trade in services; and
d. recognising the role that e-commerce plays in the supply and consumption of services.
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Guidelines
Each APEC economy will:
a. contribute positively and actively to the WTO negotiations on trade in services;
b. expand commitments under the General Agreement on Trade in Services (GATS) on market access and national treatment and eliminate MFN exemptions where appropriate;
c. undertake further actions, where appropriate, to implement the APEC Menu of Options for Voluntary Liberalization, Facilitation and Promotion of Economic and Technical Cooperation in Services Trade and Investment;
d. make efforts to provide for the participation of concerned parties in regulations and regulatory processes, the fair and transparent application of regulations, and the prompt consideration of applications; and
e. support APEC capacity building efforts to supply services by, inter-alia, strengthening infrastructure, promoting the use of advanced technologies and developing human resources.
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Collective Actions
APEC economies will take the following Collective Actions with regard to services in the telecommunications, transportation, energy and tourism sectors[1], and continue to seek Collective Actions in other sectors
TELECOMMUNICATIONS
a. work to bridge the digital divide at the domestic, regional and global levels, and to cooperate and collaborate with the business/private sector in this effort;
b. foster discussion between business/private sector and governments on appropriate means to assess and reward the value of products and services exchanged in the provision of converged Internet services among APEC economies, consistent with the APEC Principles on International Charging Arrangements for Internet Services;
c. foster the development of effective policies that support competitive markets in the domestic and international telecommunications and information industries;
d. accelerate the pace of implementation of the Mutual Recognition Arrangement on Conformity Assessment for Telecommunications Equipment (MRA);
e. work to ensure that policy and regulatory environments better foster the uptake of e-commerce;
f. implement within voluntary time frames the APEC Interconnection Principles and consult on the need for further discussions on interconnection; and
g. give attention to user requirements for open standards and systems to support interoperability
In addition, APEC economies are encouraged to conform, where appropriate, to:
1. The WTO Telecommunications Regulatory Principles Reference Paper;
2. The Information Technology Agreement (ITA); and
3. The Guidelines for Trade in International Value-Added Network Services (IVANS).
TRANSPORTATION
a. respond to the Leaders ‘Auckland Challenge’ of 1999, by implementing the eight steps for more competitive air services on a voluntary basis and by identifying further steps to liberalize air services in accordance with the Bogor Goals, and provide annual progress reports to Leaders through SOM (Note: some components of this project may fall under Part II Ecotech, subject to further developments);
b. develop by 2005 an efficient, safe and competitive operating environment for maritime transport, including ports, in the region through improved transparency of maritime and port policies (Note: some components of this project may fall under Part II Ecotech, subject to further developments);
c. complete the Road Transport Harmonization Project and encourage the development of mutual recognition arrangements for certification of automotive product and harmonization of economies’ vehicle regulations through cooperation within United Nations Economic Commission for Europe; and
d. seek to eliminate the requirement for paper documents (both regulatory and institutional) for the key messages relevant to international transport and trade as soon as practicable by 2005.
ENERGY
APEC Economies, by developing and building on the 14 non-binding policy principles endorsed by APEC Energy Ministers at their Sydney meeting in 1996 which are consistent with the vision, objectives and strategic themes of the recently endorsed Future Directions Strategic Plan that will guide their work over the next five years:
a. will facilitate trade and investment in the energy sector by
i. responding to the outcomes of a current study on "Strengthening the Operational Aspects of APEC Energy Micro -Economic Reform" that will, inter-alia, inform on barriers to investment in the energy sector and how to remove the barriers.
ii. analysing the broad economic impacts of micro-economic reform policies to deregulate energy markets.
iii. responding as appropriate to the identification of the barriers (policy, technical, regulatory and legal) to the interconnection of power grids in APEC member economies.
iv. actively pursuing the Implementation Strategy and considering the use of Implementation Facilitation Assistance Teams (IFAT) to assist in further reform of the energy markets.
v. strengthening policy dialogue among member economies on important issues affecting energy markets.
vi. supporting the APEC 21st Century Renewable Energy Development Initiative which seeks to advance the use of renewable energy for sustainable economic development and growth in member economies.
vii. encouraging in the longer term a greater strategic input from business through the Energy Working Group Business Network (EBN).
b. will seek to reduce barriers to trade created by differing energy performance test methods and energy performance requirements by supporting the establishment of an APEC Energy Efficiency Test Procedures Coordinator.
c. will strengthen energy security in the region by developing and implementing an energy security initiative with the aim of improving the functioning of energy markets; energy efficiency and conservation; diversification of energy resources; renewable energy development and deployment; and enhance short term preparedness such as oil stocks and surge production of oil; and explore the potential for alternative transport fuels
TOURISM
APEC economies will:
a. Remove impediments to tourism business and investment by: (i) promoting and facilitating the mobility of skills, training and labor; (ii) promoting and facilitating productive investment in tourism and associated sectors; (iii) removing regulatory impediments to tourism business and investment; and (iv) encouraging liberalization of services trade related to tourism under General Agreement on Trade in Services (GATS)
b. Increase mobility of visitors and demand for tourism goods and services in the APEC region by: (i) facilitating seamless travel for visitors; (ii) enhancing visitor experiences; (iii) promoting inter- and intra-regional marketing opportunities and cooperation; (iv) facilitating and promoting e-commerce for tourism business; (v) enhancing safety and security of visitors; and (vi) fostering a non-discriminatory approach to the provision of visitor facilities and services.
c. Sustainably manage tourism outcomes and impacts by: (i) demonstrate an appreciation and understanding of natural environment and seek to protect the environment (ii) foster ecologically sustainable development opportunities across the tourism sector, particularly for small and medium sized enterprises, employment and providing for open and sustainable tourism markets (iii) protect the social integrity of host communities with particular attention to the implications of gender in the management and development of tourism (iv) recognize, respect and preserve local and indigenous cultures together with our natural and national cultural heritage (v) enhance capability building in the management and development of tourism.
d. Enhance recognition and understanding of tourism as a vehicle for economic and social development by: (i) harmonizing methodologies for key tourism statistical collections, consistent with activities of other international tourism organizations (ii) facilitating the exchange of information on tourism between economies (iii) promoting comprehensive analysis of the role of tourism in member economies in promoting sustainable growth (iv) expanding our collective knowledge base on tourism issues in order to identify emerging issues and assist in the implementation of the Seoul Declaration on an APEC Tourism Charter.
The current CAP relating to services can be found in the Services Collective Action Plan
|
|
Peru’s Approach to Trade in Services in 2004
As a small economy, in order to increase welfare levels and promote the efficient allocation of resources, Peru’s trade policy is oriented towards increasing liberalization. Consistently with this purpose, in the course of the last years, Peru has eliminated unilaterally most of market access and national treatment restrictions with respect to trade in services, and has participated in the multilateral trade liberalization efforts within the WTO.
Regarding legislation governing services trade policy, its definition corresponds to different public institutions, mostly ministries, but in a way consistent with the government general economic policy, which is formulated by the Ministry of Economy and Finance. (http://www.mef.gob.pe)
|
Chapter 3 : Peru’s General Approach to Trade in Services in 2004*Competition Policy will be dealt with in the Competition Policy Chapter (link) |
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Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Foreign Investment or Right of Establishment (including Joint Venture Requirements)
|
No changes
|
According to Peru’s Political Constitution, both foreign and national investments are subject to the same laws and conditions. Also, Legislative Decrees Nº 662 and Nº 757 state free market access and national treatment to investors in almost any economic activity. Main exceptions are in telecommunications, diffusion services (radio and TV broadcasting).
Private Investment Promotion Agency (PROINVERSION)
|
|
|
Temporary Entry and Stay of Service Providers and Intra-Corporate Transferees
|
On October 2003, Peru has incorporated more countries on the regime of Foreign Affairs Ministerial Decree N°023-1995-RE which exempts the requirement to obtain a tourist visa in order to visit Peru. (Bulgaria, Belarus, Czech Republic, Cyprus, Croatia, Slovenia, Slovakia, Estonia, Russian Federation, Hungary, Latvia, Lithuania, Macedonia, Moldavia, Poland, Ukraine, Serbia and Montenegro Republic)
|
In general, for the temporary entry and stay of business people (including services providers) a visa is required, which allows a 90-day stay (extendible to 30 additional days).
For tourism and business purposes, countries from the Andean Community (Bolivia, Colombia, Ecuador and Venezuela) are not required a visa up to a 90 day stay. Also, for APEC economies (except Vietnam and China) there is no need to obtain a tourist visa before arriving to Peru.
There is a horizontal-sector restriction that establishes that local goods or services companies should not exceed a 20% quota of foreign hired personnel (some exceptions apply). Also, their wages should not exceed 30% of company payroll (some exceptions apply). |
|
|
Foreign Exchange Control/ Movement of Capital
|
No changes
|
Peru does not apply any foreign exchange control on movement of capital. |
|
|
Other Generic Requirements Applied to Trade in Services
|
No changes
|
No other generic requirements |
|
Chapter 3: Improvements in Peru’s Approach to Trade in Services since 1998 |
||
|
Section |
Position at Base Year (1998) |
Cumulative Improvements Made to Date |
|
General PolicyPosition
|
The services sector in Peru constitutes around 50% of its GDP and employment (encompassing construction, trade and other services) and is one of the most dynamic sectors in the economy. Since the beginning of the 90s Peru carried out a wide liberalization in services trade, and in 1994 made horizontal and specific commitments in the liberalization process within the GATS framework.
In 1998 Peru participated in the design of the General Framework on the Liberalization of Services within the Andean Community,
|
Peru’s trade policy in services has kept mostly invariant in the last years. According to Peru’s Political Constitution, both, foreign and national investments are subject to the same laws and conditions. Also, Legislative Decrees Nº 662 and Nº 757 state free market access and national treatment to investors in any economic activity.
Peru is currently engaged in the services chapter negotiations within the Free Trade Area of the Americas and in the WTO services negotiations within the framework of the Doha Development Agenda |
|
Foreign Investment or Right of Establishment (including Joint Venture Requirements)
|
Article 63º of the Political Constitution of 1993 and the Legislative Decrees Nº 662 and Nº 757 state that the national and foreign investments are under the same treatment, providing free market access and national treatment in any economic activity.
|
Since 2004, Peru does not discriminate between national and foreigners in terrestrial transport services since 2004.
|
|
Temporary Entry and Stay of Service Providers and Intra-Corporate Transferees
|
In general, for the temporary entry and stay of business people (including services providers) a visa is required, which allows a 90-day stay (extendible to 30 additional days).
For tourism and business purposes, countries from the Andean Community (Bolivia, Colombia, Ecuador and Venezuela) are not required a visa up to a 90 day stay.
Foreign workers must obtain a work permit granted by the Ministry of Labour. In this framework, Peru permits entry for a period of not more than three years, which may be extended for successive periods of not more than three years each one. Such persons may not comprise more than 20 per cent of the total number of staff employed by the enterprise, and their remuneration may not exceed 30 per cent of the total pay roll (some exceptions apply).
|
No changes |
|
Foreign Exchange Control/ Movement of Capital
|
Peru does not apply any foreign exchange control on movement of capital. |
No changes
|
|
Other Generic Requirements Applied to Trade in Services
|
No other generic requirements |
No other generic requirements
|
[1] The following Collective Actions have been extracted from the annexed Action Programs of Working Groups in which substantial progress has already been made in services, in order to illustrate liberalization and facilitation related activities to be undertaken in these sectors. Activities in these sectors are also dealt with in Part Two.
Chapter 3 (a:1): Business Services: Legal |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
|
The domestic and foreign suppliers of legal services need to comply with the following requirements: - Have a law degree - For litigation, be registered in the judicial district where the supplier is going to work - In the case of a foreign supplier of legal services, to attend a 1 year course in the Catholic University or San Marcos University in order to revalidate the law degree For further information, please visit The Lima Lawyers Association:
|
|
|
Licensing and Qualification Requirements of Service Providers
|
|
The domestic and foreign suppliers of legal services need to comply with the following requirements: - Have a law degree - For litigation, be registered in the judicial district where the supplier is going to work - In the case of a foreign supplier of legal services, to attend a 1 year course in the Catholic University or San Marcos University in order to revalidate the law degree
|
|
|
Foreign Entry
|
|
There is no limit for repatriation of profits. About the training requirements, see above Operational requirements
|
|
|
Discriminatory Treatment/ MFN
|
|
There is no discrimination between domestic and foreign suppliers, except in the case of notaries which must be Peruvian nationals.
|
|
|
Chapter 3 (a:2): Business Services: Accounting |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No changes
|
All graduated public accountants that can provide their services either in a dependent way (private or public firms) or independently (independent auditors and bookkeepers) have to join the Society of Public Accountants in order to be granted official recognition.
Their profession is self - regulated under the rules of the Society of Public Accountants.
Also, there are non-university diplomas for bookkeeping services in accounting. However, these are not recognized by the Society of Public Accountants.
Lima Public Accountants Association
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No changes
|
Basic qualification procedures required by the Society of Public Accountants:
· 5 year bachelor’s degree at a public or private university. · License / Professional title, obtained by taking a professional examination, a thesis or a combination of both · Those that did not work before in auditing receive a nine-month course at the Public Society of Accountants
After these procedures, professionals can become members of the professional body, provided the absence of a criminal record.
There are no nationality or residency requirements.
|
|
|
Foreign Entry
|
No changes
|
There is no discriminatory treatment.
|
|
|
Discriminatory Treatment/ MFN
|
No changes
|
There is no discriminatory treatment.
|
|
|
Chapter 3 (a:3): Business Services: Architectural |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No changes
|
All architects in Peru, working dependent or independently, have to belong to the Architects Society of Peru. The profession is regulated by law, which allows self-regulation but in a centralized way. However, inside the Society there are different entities that outline a decentralized administration. Architects Association http://www.arquitectosperu.org
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No changes
|
The basic qualification requirement solicited by the Architects Society for practicing the profession is to have a Professional title, issued, revalidated or acknowledged by Peruvian laws.
Basic qualification procedures required by the Architects Society: · 5 year bachelor’s degree at a public or private university. · License / Professional title, obtained by taking a professional examination, a thesis or a combination of both
After these procedures, professionals can become members of the professional body, provided the absence of a criminal record.
There are no nationality or residency requirements.
|
|
|
Foreign Entry
|
No changes
|
Temporary Foreign Service providers are required to provide a written recommendation from 3 Peruvian architects, with at least a 10-year work experience.
Also, foreign architects that are not residents are required to have an association contract with a resident Peruvian architect.
|
|
|
Discriminatory Treatment/ MFN
|
No changes
|
Foreign architects looking for temporary work in Peru can offer their professional services, but have to pay the Architects Society an access fee that is 4 times greater than for Peruvian professionals (US$ 250 vs. US$ 1,000). For permanent stay, foreign architects have to pay an access fee that is 12 times greater than for nationals (US$ 250 vs. US$ 3,000).
|
|
|
Chapter 3 (a:4): Business Services: Engineering |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No changes
|
All engineers, working dependent or independently, have to belong to the Engineers Society of Peru. The profession is regulated by law, which allows self-regulation. The Society’s National Congress of Departmental Councils, its main organ, implements professional regulation in a centralized manner. There are also other complementary organs that configure the decentralized administration of this Society.
Contact: Engineers Association (http://www.cip.org.pe)
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No changes
|
The basic qualification requirement demanded by the Engineers Society for practicing the profession is to have a Professional title, issued, revalidated or acknowledged by Peruvian laws.
Basic qualification procedures required by the Engineers Society: · 5 year bachelor’s degree at a public or private university. · License / Professional title, obtained by taking a professional examination, a thesis or a combination of both
After these procedures, professionals can become members of the professional body, provided the absence of a criminal record.
There are no nationality or residency requirements.
|
|
|
Foreign Entry
|
No changes
|
Non-resident foreign engineers are required to have a contract signed by a company established in the country.
|
|
|
Discriminatory Treatment/ MFN
|
No changes
|
Foreign engineers looking for temporary work in Peru can offer their professional services, but have to pay the Engineers Society an access fee that is 4 times greater than for Peruvian professionals (US$ 133 vs. US$ 616). |
|
Chapter 3 (b: 1): Communication Services: Postal |
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Section
|
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes. |
The provision of postal services given in a concession is granted for a minimum of 5 years and a maximum of 20 years (renewable). The Ministry of Transport and Communications grants concessions which can be local, regional, national or international. Services providers can be either domestic or foreign.
Contact: http://www.serpost.com.pe
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No Changes. |
The main requirements for a postal concession are: · General information about the party applying for the concession. · Judiciary and police background certification · Concession contract with the Ministry of Transport and Communications · Local warrantee |
|
|
Foreign Entry |
No changes
|
No discrimination. Foreign providers must have commercial presence within the country. |
|
|
Discriminatory Treatment/ MFN |
No Changes |
No discrimination. |
|
Chapter 3 (b:2) : Communication Services: Express Delivery |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
The provision of express delivery services given in a concession is granted for a minimum of 5 years and a maximum of 20 years (renewable). The Ministry of Transport and Communications, grants concessions which can be local, regional, national or international. Services providers can be either domestic or foreign.
The provision of this service is guided by the principle of freedom of transit established by the Universal Postal Union.
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No Changes |
For license emission postal concessionaires must provide the Customs Administration with: · General information about the party applying for the concession. · Concession contract with the Ministry of Transport and Communications. · Legal documentation about the firm’s constitution · Local warrantee · Fees
|
|
|
Foreign Entry
|
No Changes |
There is no discrimination. Foreign providers must have commercial presence within the country.
|
|
|
Discriminatory Treatment/ MFN
|
No Changes |
There is no discrimination. |
|
Chapter 3 (b:3) : Communication Services: Telecommunications |
|||
Section |
Improvement Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No changes
|
According to Peru’s legislation, the State promotes free competition with respect to the provision of telecommunication services. Regulation is focused in controlling abuse of market power and restrictive practices. The use of a scarce natural factor such as the radio electric space is granted under concessions.
Ministry of Transports and Communications (MTC)
Supervisory Organization for Private Investment in Telecommunications (OSIPTEL) http://www.osiptel.gob.pe |
|
|
Licensing and Qualification Requirements of Service Providers
|
No changes
|
MTC classifies telecommunication services into 4 categories that are granted either under concession or authorization: · Network services: Involves essential facilities (networks). Given under concession. · Final services: (such as phone services). Its provision implies networks and the use of the radio electric space. Given under concession. · Broadcasting services such as TV and radio require a concession when it implies a public service. Private services can be authorized or licensed. · Value added services require only authorization.
|
|
|
Foreign Entry
|
No changes
|
In the case of broadcasting services (television, radio, among others), only Peruvian nationals and juridical persons organized under the laws of Peru may hold authorizations or licenses to supply free over-the-air broadcasting services in the territory of Peru. A foreigner may not hold such an authorization or license, either directly or through a personal corporation (empresa unipersonal). Foreign nationals may hold no more than 40 percent of the capital of a juridical person that holds such an authorization of license. Such foreign nationals must be owners of or have an interest in a free over-the-air broadcasting enterprise in the territory of the country of which they are a national.
|
|
|
Discriminatory Treatment/ MFN
|
The former legislation reserved the provision of broadcasting services to Peruvian nationals, A new law for broadcasting services was passed in 2004 allowing foreigners to hold up to 40% of the capital
|
Foreign ownership is limited to 40 percent of the capital of a juridical person and a foreigner may not hold an authorization or license, either directly or through a one-person enterprise. |
|
Chapter 3 (b:4) : Communication Services: Audio-visual |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
Some domestic regulation is applicable for the production of Peruvian films. Other audiovisual services provision is mostly unregulated. |
|
|
Licensing and Qualification Requirements of Service Providers
|
The minimum requirement for Peruvian artist was reduced from 50% to 10%. |
Peruvian Law establishes that all-audiovisual service providers must have a 10% minimum space in their daily programming in order to broadcast Peruvian artists.
Owners of broadcasting services must establish a minimum domestic production of 30 percent of its programming in the schedule between 5:00 a.m. and 12:00 p.m., on average each week.
|
|
|
Foreign Entry
|
No Changes |
Some discrimination to national treatment is present in filmmaking. Peruvian law establishes that 80% of artists and film technicians taking part in any production have to be nationals. Some other exclusions apply in relation to some specific personnel.
Furthermore, stockholders in any audiovisual production are required by Law to be nationals.
|
|
|
Discriminatory Treatment/ MFN
|
No changes
|
There is no discrimination. |
|
Chapter 3 (c) : Construction and Related Engineering Services |
|||
|
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
Public and private constructors can carry out any kind of construction works, provided they have permission from the local Municipality.
Public works are given in concessions. Public bids are open to all bidders, foreign and nationals.
All bidders taking part in public works have to be registered at the National Register of Public Works Contractors.
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No changes
|
Registration requires that each contractor can demonstrate the financial viability of the firm.
The criteria for granting a concession basically takes into account the following items: · Structure and level of tariffs · Length of concession agreement · Financial offer · Revenues to be guaranteed by the State · Risks sharing · Methodology for tariff adjustments
|
|
|
Foreign Entry
|
No changes
|
For public bids, there exist extra bonus points given to nationals that present their bids.
|
|
|
Discriminatory Treatment/ MFN
|
No changes
|
There is no discrimination. |
|
Chapter 3 (d) : Distribution Services |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
In general, current policies promote free competition between foreigner and national service providers. Main operational requirements come from administrative and technical requisites set by Municipalities.
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No Changes
|
For the transport of hydrocarbons by pipes, a concession can be granted for a 20 - 60 year period.
Candidates for this kind of concession have to fulfill the following requisites: · General information about the bidder. · Project description · Technical specifications about the transport system · Time schedule · Project Budget · Annual estimates of volumes to be transported · Environmental impact study · Bank warrantee · Favorable technical report from OSINERG (Energy Regulator) · Tariff proposal
|
|
|
Foreign Entry
|
No Changes
|
There is no discrimination.
|
|
|
Discriminatory Treatment/ MFN
|
No Changes
|
There is no discrimination. |
|
Chapter 3 (e) : Education Services |
|||
|
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
Private education services must fulfill minimal requirements specified by the government for educational activities, in order to fund, promote, lead and manage particular educational institutions.
Ministry of Education
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No Changes |
In order to take part in educational activities, the current legislation requests: · To conform a legal organization · To fulfill the requirements asked by the Ministry of Education To attain a favorable report from an architect or civil engineer, who notifies about the suitability of the establishment where the educational institution will operate. |
|
|
Foreign Entry
|
No Changes |
· Public educational services: The government promotes free education and reserves the administration and control of all public institutions. · Private education services: There is no discrimination between nationals and foreigners.
|
|
|
Discriminatory Treatment/ MFN
|
No Changes |
There exist some exemptions to the MFN treatment in the framework of the Andean Community and others Mutual Recognition Agreements. |
|
Chapter 3 (f) : Environment Services |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
According to current legislation, studies for environmental impact must be carried out by registered private or public authorized organizations. All institutions must follow guidelines set by the National Environmental Commission (CONAM).
Sanitary services provision, such as water and sewage is supervised by the National Supervisor of Sanitary Services (SUNASS). Firms in this service sector must be constituted under the form of anonymous association, though some exceptions apply depending on the nature of the service provided.
National Supervisor of Sanitary Services (SUNASS)
National Environmental Commission (CONAM)
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No Changes |
For the supply of environmental services, the current legislation requests: · To conform a legal organization To fulfill the requirements from Ministries that needs a specific service. |
|
|
Foreign Entry
|
No Changes |
There is no discrimination.
|
|
|
Discriminatory Treatment/ MFN
|
No Changes |
There is no discrimination.
|
|
Chapter 3 (g) : Financial Services |
|||
|
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
Firms in this service sector must be constituted under the form of anonymous association, though some exceptions apply depending on the nature of the service provided. Financial services are supervised following international standards such as the Basel Principles for Banking services, the International Association of Insurance Supervisors (IAIS), principles for insurance services and the international principles related to stock exchange services (OIOSCO).
Also, people involved in managing financial institutions must have both moral and economic solvency.
Central Bank of Peru - (BCRP)
Superintendence of Banks and Insurance Companies (SBS)
National Commission of Insurance Companies and Equities (CONASEV)
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No Changes
|
In order to establish a financial institution in Peru, the current legislation asks to provide: · Social statute · Description of services to be provided Fulfill minimum capital requirements (they are of different magnitude, depending if it is a bank, a credit cooperative, Municipal Funds, investment banks, insurance companies, and so on). |
|
|
Foreign Entry
|
No Changes
|
There is no discrimination with respect to the 4 modes of supply: cross-border, commercial presence, consumption abroad and temporal movement of persons.
|
|
|
Discriminatory Treatment/ MFN
|
No Changes
|
The Law includes a provision that takes into account the principle of reciprocity under specific conditions. |
|
Chapter 3 (h) : Health Related and Social Services |
|||
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
According to the current legislation, Peru promotes free competition in the provision of health related and social services. Market regulation is necessary for controlling situations of possible abuse of market power and restrictive practices. Health related and social services are granted under concession or authorization.
Health Entities Providers (“EPS”) must be constituted in Peru as a Juridical Person according to Peruvian law, prior authorization of the Superintendence of Health Entities Providers.
The “EPS” have to maintain own infrastructure to attend, at least, 30% of the demand of their affiliates.
Ministry of Health (MINSA)
|
|
|
Licensing and Qualification Requirements of Service Providers
|
No Changes
|
Health establishments have to satisfy requirements set by the Ministry of Health with respect to physical plants, equipment, assistant personnel, sanitary systems, risk control systems, among others.
Professionals working in health establishments are required a professional license.
|
|
|
Foreign Entry
|
No Changes
|
There is no discrimination.
|
|
|
Discriminatory Treatment/ MFN
|
No Changes
|
There is no discrimination. |
|
Chapter 3 (i) : Tourism and Travel Related Services |
|||
Section |
Improvements Implemented since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
According to the current legislation, Peru promotes free competition between foreign and national service providers. Services must fulfill minimal technical specifications.
Ministry of Foreign Trade and Tourism (MINCETUR)
|
|
|
Licensing and Qualification Requirements of Service Providers
|
Tourist guides are no longer required to be authorized by the National Direction of Tourism. |
Tourism and travel related services are basically classified into 4 categories.
The Ministry of Foreign Trade and Tourism grants authorizations for these categories:
· Hotels and Lodges: Must seek authorization from the National Direction of Tourism, register in the Unified Register of Taxpayers, and apply for a license from the respective Municipality. In addition, it is optional to apply for a certification by the National Direction of Tourism. · Tourist guides: Must hold a degree recognized by Peruvian law. · Restaurants: Must register in the Unified Register of Taxpayers, which is administered by the Tax Administration. It is optional to apply for a certification by the National Direction of Tourism. · Travel Agencies: Must seek authorization from the National Direction of Tourism and register in the Unified Register of Tax Payers. It is optional to apply for a certification by the National Direction of Tourism. For each of these categories there is a different set of administrative requirements.
|
|
|
Foreign Entry
|
|
There is no discrimination. However, foreign tourist guides are required to hold a degree recognized by Peruvian law. |
|
|
Discriminatory Treatment/ MFN
|
No Changes |
There is no discrimination. |
|
Chapter 3 (j) : Recreational Cultural and Sporting Services |
|||
|
Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
|
Operational Requirements
|
No Changes
|
In general, cultural services can be provided freely, except some, such as the administration of museums, which require an authorization from the National Institute of Culture (INC)
Recreational services are also provided freely, except for casinos and slot machines services. The National Casino Commission at MINCETUR regulates these activities. |
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Licensing and Qualification Requirements of Service Providers
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· Casinos and slot machines: a. Design and construction requirements. Video, supervision and surveillance requirements. b. Casinos and Slot machines can only be situated in specific locations and establishments c. In both cases they have to provide a local warrantee. · Sporting Services: Must comply with requirements from the National Sports Institute. · Cultural services: For some activities, must seek authorization from the National Cultural Institute. · Circus performance services: All foreign circus shows will enter the country with its original cast, for a maximum period of 90 days, with a possible extension for the same period. In this case, at least 30% national artists and 15% national technicians will be incorporated into the cast. These same percentages shall be reflected in the payroll. · In bullfighting shows: In all bullfighting should participate at least, one national “matador”. In the training fights, fights with young bulls and mixed should participate at least a national apprentice bullfighter. |
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Foreign Entry
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No Changes |
There is no discrimination.
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Discriminatory Treatment/ MFN
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No Changes |
There is no discrimination.
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Chapter 3 (k:1) : Transport Services: Maritime |
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Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
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Operational Requirements
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For almost all transport services (aerial, land and aquatic) there are reservations with respect to national treatment.
The Ministry of Transport and Communications is in charge of policies related to the liberalization of this sector, and the Supervisory Transport Organization (OSITRAN) is the regulatory public entity.
Ministry of Transport and Communications (MTC) http://www.mtc.gob.pe Supervisory Organism of Transport (OSITRAN) http://www.ositran.gob.pe
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Licensing and Qualification Requirements of Service Providers
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No changes
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National maritime companies in order to operate must fulfill the following requirements requested by MTC: · To be constituted in accordance with Peruvian law. · Social statute Describe type of services offered, number of operating ships, traffic, routes and frequencies. |
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Foreign Entry
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No changes
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February 2001: Legislation that discriminates against foreign providers was introduced.
Commercial maritime transport of passengers and cargo amongst Peruvian ports is reserved exclusively for merchant ship of Peruvian flag and for chartered or operated ships of foreign flag,
Maritime transport and related services shall be supplied by duly authorized natural or legal persons with Peruvian flagged vessels and naval devices.
Also, fluvial passenger transport is reserved exclusively for national operators. |
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Discriminatory Treatment/ MFN
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No changes
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Participation of foreign shipping companies will only be granted on the base of reciprocity. Also, there are some exemptions to the MFN treatment in the framework of the Andean Community. http://www.comunidadandina.org
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Chapter 3 (k:2) : Transport Services: Air |
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Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
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Operational Requirements
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No Changes
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For almost all transport services (aerial, land and aquatic) there are reservations with respect to national treatment.
The Ministry of Transport and Communications is in charge of policies related to the liberalization of this sector, and the Supervisory Transport Organization (OSITRAN) is the regulatory public entity.
Ministry of Transport and Communications Supervisory Organism of Transport (OSITRAN)
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Licensing and Qualification Requirements of Service Providers
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No Changes |
Companies must fulfill the following requirements requested by MTC in order to operate: · Air Navigation Certificate issued by the Civil Aeronautics General Direction Operating or Flight Permission issued by the Civil Aeronautics General Direction. |
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Foreign Entry
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No Changes |
With respect to commercial aviation services the current legislation reserves its provision to nationals. Some exceptions apply. The percentage of capital owned by foreigners may be up to 70% en certain situations.
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Discriminatory Treatment/ MFN
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No Changes |
Participation of foreign air companies in the transport of load or passengers will only be granted on the base of strict reciprocity
There are some exemptions to the MFN treatment in the framework of the Andean Community. http://www.comunidadandina.org
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Chapter 3 (k:3) : Transport Services: Rail |
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Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
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Operational Requirements
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No Changes
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The Ministry of Transport and Communications is in charge of policies related to the liberalization of this sector, and the Supervisory Transport Organization (OSITRAN) is the regulatory public entity.
According to the current legislation, the State promotes free competition in rail transport services.
Ministry of Transport and Communications Supervisory Organism of Transport (OSITRAN)
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Licensing and Qualification Requirements of Service Providers
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No Changes
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The Ministry of Transport and Communications (MTC) grants Rail Transport Services under concession.
In order to operate rail firms must obtain: · Operating Permission issued by MTC
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Foreign Entry
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No Changes
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There is no discrimination. |
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Discriminatory Treatment/ MFN
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No Changes
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There is no discrimination. |
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Chapter 3 (k:4) : Transport Services: Road |
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Section |
Improvements Implemented Since Last IAP |
Current Entry Requirements |
Further Improvements Planned |
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Operational Requirements
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No Changes
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For almost all transport services (aerial, land and aquatic) there are reservations with respect to national treatment.
The Ministry of Transport and Communications is in charge of policies related to the liberalization of this sector, and the Supervisory Transport Organization (OSITRAN) is the regulatory public entity.
Road transport services can be classified into highway and urban transport services. The Ministry of Transport and Communications, and the District and Provincial Municipalities can grant highway and urban transport services under concession.
The authority request a minimum number of transport units to operate.
Ministry of Transport and Communications (MTC) http://www.mtc.gob.pe Supervisory Organism of Transport (OSITRAN)
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Licensing and Qualification Requirements of Service Providers
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No Changes
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