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CHINA-PERU
China-Peru FTA&EIA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

China Peru

Free Trade Agreement between the Government of the People's Republic of China and the Government of the Republic of Peru

Status : Signed in 2009 .  In force since 2010
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2010
Agreement text : 
http://fta.mofcom.gov.cn/topic/enperu.shtml
Other links : 
WTO consideration process : 
http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/WT/REG/281-1.doc
GOODS
Tariffs
Ch 2, Sec B: Positive List provided in Annex 2 of the agreement
Used goods, including reconstructed, repaired, remanufactured, or refurbished goods specifically excluded
Ch 2, Sec F covers agricultural goods
Rules of Origin
Ch 3, Sec A

Contingency Measures
   Anti - Dumping : Permitted, subject to Ch 5, Sec C
   Countervailing Duties : Permitted, subject to Ch 5, Sec C
   Safeguards : Permitted, subject to Ch 5, Sec B

Standards : 
Notes:
SERVICES
WTO Notification (GATS Art. V)Notified
       Date of notification 14/03/2011

       Consideration Process : Factual Presentation issued


Liberalization ApproachPositive Lists

Modes Covered
Cross-border supply (Mode1)
Consumption abroad (Mode2)
Commercial presence (Mode3)
Presence of natural persons (Mode4)

Specific Chapters on
Movement of natural persons

Specific Sectors Excluded
Air transport

Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Not featured

National Treatment : Binding

Market Access : Binding

Domestic Regulation : Non-binding (NAFTA-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
          Article 113: Denial of Benefits 1. A Party may deny the benefits of this Chapter to: (a)(b) service suppliers of the other Party where the service is being supplied by a juridical person that is owned or controlled by persons of a non-Party or the denying Part and the juridical person has no substantive business activities in the territory of the other Party.


Notes :
          The agreement incorporates GATS Annexes on Financial Services and Telecommunications.


Link to schedules :http://fta.mofcom.gov.cn/bilu/annex/bilu_fujian6_01_en.pdf http://fta.mofcom.gov.cn/bilu/annex/bilu_fujian6_02_en.pdf
INVESTMENT
Scheduling Approach

Definition of investmentCovers portfolio investment

Most Favoured Nation : Binding
                           Economic integration exception to MFN

National Treatment : Binding
                           
Fair and Equitable Treatment : Binding
                           Clarifying text on FET

Expropriation : Binding
                           Clarifying text

Board of Directors and executive personnel : Not Featured

Invester - State arbitration :

Denial of Benefits :
          Article 137: Denial of Benefits Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to: 81 (a) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of a third State and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.


Additional BIT exists between the parties :
          BIT list I :
                    Status:
          BIT list II :
                    Status:

Notes :
          No lists of reservation of specific commitments. National Treatment does not apply to any existing non-conforming measure.


Link to schedules :
TRADE FACILITATION
Customs procedures : Yes Ch 4, Art 55
Customs valuation : Yes Ch 4, Art 55
Trade regulations publication and administration (transparency) : Yes Ch 4, Art 63
E-Commerce / Paperless trade : No
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : No
Investment : Yes Chapter 10
Competition Policy : No
Intellectual Property : Yes Chapter 11
Dispute Settlement : Yes Chapter 15
Labor Mobility : No
Labor and Environmental Standards : No
Technical cooperation : Yes Chapter 7, Article 100.
Institutional mechanism : No
Notes:
RULES OF ORIGIN
Cumulation
Ch 3, Sec A, Art 28: bilateral
Specific Process
Ch 3, Sec A, Art 25: specified in Annex 4
Heading Change
Ch 3, Sec A, Art 25: specified in Annex 4
De Minimis
Ch 3, Sec A, Art 29: if no neading change, non-originating components must be less than 10%
Minimum Content
Drawback
Http Link
http://fta.mofcom.gov.cn/bilu/annex/bilu_xdwb_03_en.pdf
Notes
CHINA-PERU
China-Peru FTA&EIA

Member Countries
China
Peru
Total: 2 countries

Free Trade Agreement between the Government of the People's Republic of China and the Government of the Republic of Peru

Status : Signed in 2009 .  In force since 2010
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2010
Agreement text : 
http://fta.mofcom.gov.cn/topic/enperu.shtml

Other links : 

WTO consideration process : 
http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/WT/REG/281-1.doc
GOODS
Tariffs
Ch 2, Sec B: Positive List provided in Annex 2 of the agreement
Used goods, including reconstructed, repaired, remanufactured, or refurbished goods specifically excluded
Ch 2, Sec F covers agricultural goods

Rules of Origin
Ch 3, Sec A


Contingency Measures
Anti - Dumping : Permitted, subject to Ch 5, Sec C
Countervailing Duties : Permitted, subject to Ch 5, Sec C
Safeguards : Permitted, subject to Ch 5, Sec B

Standards : 

Notes:


SERVICES
WTO Notification (GATS Art. V)Notified
Date of notification : 14/03/2011
Consideration Process : Factual Presentation issued

Liberalization ApproachPositive Lists

Modes Covered
Cross - Border Supply : Yes
Consumption Abroad : Yes
Commercial Presence Abroad : Yes
Movement of Natural Persons : Yes

Specific Chapters on
Movement of natural persons : Yes
Specific Sectors Excluded
Air transport : Yes
Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Not featured

National Treatment : Binding

Market Access : Binding

Domestic Regulation : Non-binding (NAFTA-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
Article 113: Denial of Benefits 1. A Party may deny the benefits of this Chapter to: (a)(b) service suppliers of the other Party where the service is being supplied by a juridical person that is owned or controlled by persons of a non-Party or the denying Part and the juridical person has no substantive business activities in the territory of the other Party.


Notes:
The agreement incorporates GATS Annexes on Financial Services and Telecommunications.

Link to schedules :http://fta.mofcom.gov.cn/bilu/annex/bilu_fujian6_01_en.pdf http://fta.mofcom.gov.cn/bilu/annex/bilu_fujian6_02_en.pdf


INVESTMENT
Scheduling Approach

Definition of investmentCovers portfolio investment

Most Favoured Nation : Binding
Economic integration exception to MFN : Yes

National Treatment : Binding


Fair and Equitable Treatment : Binding

Clarifying text on FET : Yes

Expropriation : Binding

Clarifying text : Yes

Board of Directors and executive personnel : Not Featured

Invester - State arbitration : Yes

Denial of Benefits :
Article 137: Denial of Benefits Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to: 81 (a) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of a third State and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.


Additional BIT exists between the parties :No

BIT list I :
Status:
BIT list II :
Status:

Notes :
No lists of reservation of specific commitments. National Treatment does not apply to any existing non-conforming measure.


Link to schedules :

TRADE FACILITATION
Customs procedures : Yes Ch 4, Art 55
Customs valuation : Yes Ch 4, Art 55
Trade regulations publication and administration : Yes Ch 4, Art 63
Use of ICT : No
Mobility of business people : No
Freedom of transit : No
Transport and logistics : No
Trade finance : No

OTHER AREAS
Government Procurement : No
Investment : Yes Chapter 10
Competition Policy : No
Intellectual Property : Yes Chapter 11
Dispute Settlement : Yes Chapter 15
Labor Mobility : No
Labor and Environmental Standards : No
Technical cooperation : Yes Chapter 7, Article 100.
Institutional mechanism : No

Notes:


RULES OF ORIGIN
Cumulation
Ch 3, Sec A, Art 28: bilateral
Specific Process
Ch 3, Sec A, Art 25: specified in Annex 4
Heading Change
Ch 3, Sec A, Art 25: specified in Annex 4
De Minimis
Ch 3, Sec A, Art 29: if no neading change, non-originating components must be less than 10%
Minimum Content

Drawback

Http Link
http://fta.mofcom.gov.cn/bilu/annex/bilu_xdwb_03_en.pdf

Notes

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