RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/155
28 June 1999
(99-2668)
Council for Trade in Goods
2 July 1999
PERU - AGREEMENT ON IMPLEMENTATION OF
ARTICLE VII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Draft Waiver Decision
Taking note  of the request from the Government of Peru for a waiver from its obligations
under the Agreement on Implementation of Article VII of the General Agreement on Tariffs and
Trade 1994, done at Marrakesh on 15 April 1994 (“WTO Agreement on Customs Valuation”);1
Recognizing  that on 1 April 1994 , Peru became a contracting party to the Agreement on
Implementation of Article VII of the General Agreement on Tariffs and Trade, done on 12 April 1979
(“Tokyo Round Agreement on Customs Valuation”), and invoked paragraph 1 of Article 21 of that
Agreement to delay application of its provisions for a period of five years from the date of entry into
force of the Agreement for Peru, and was therefore scheduled to apply the provisions of the WTO
Agreement on Customs Valuation by 1 April 1999;
Considering  Peru has made substantial efforts to implement the provisions of the WTO
Agreement on Customs Valuation;
Considering  also that Peru continues to receive technical assistance in support of
implementation and application of the WTO Agreement on Customs Valuation, which is contributing
significantly towards achieving that objective;
Noting  Peru’s long-standing commitment and considerable efforts in reforming and
modernizing its customs administration;
Noting  also Peru’s objective of ensuring the effective implementation and administration of
the WTO Agreement on Customs Valuation;
Noting  that Peru’s authorities have established a detailed work program,2 involving the
relevant ministries and agency, to enable the elaboration and approval of its legislation and the
completion of its domestic administrative and legal procedures, including training, dissemination ofinformation, and other actions, for implementing and applying the WTO Agreement on Customs
Valuation;
Noting  that Peru does not and will not apply minimum values; that minimum values for
customs valuation purposes are prohibited under the laws of Peru; and that reference prices will not be
applied following implementation of the WTO Agreement on Customs Valuation;
Noting that the Government of Peru will implement and apply by 1 August 1999, Paragraph 2
of the Decision on the Valuation of Carrier Media Bearing Software for Data Processing Equipment
3;
                                                     
1 G/L/311.
2 Attachment 1.
3 G/VAL/5.G/C/W/155
Page 2
Noting the provisions of the WTO Agreement on Preshipment Inspection and the Reports of
the Working Party on Preshipment Inspection4;
Noting , furthermore, Peru's intention, should it decide to continue to use preshipment
inspection after implementing the WTO Agreement on Customs Valuation, to limit the use ofpreshipment inspection services in the area of customs valuation to post-entry risk assessment
procedures, and to establish a government mechanism to address expeditiously any problems
exporters from other countries might encounter with preshipment inspection services;
Recognizing  Peru’s indication that this would be a single request for a waiver to delay its
implementation of the WTO Agreement on Customs Valuation;
Having regard  to the Guiding Principles to be followed in considering applications for
waivers adopted on 1 November 1956
5, the Understanding in Respect to Waivers of Obligations under
the General Agreement on Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX of the
Marrakesh Agreement Establishing the World Trade Organization;
Members, acting pursuant to the provisions of paragraph 3 of Article IX of the WTO
Agreement,
Decide , in view of the exceptional circumstances set out above, that:
1. Subject to the terms and conditions set out hereunder, the obligations under the WTO
Agreement on Customs Valuation shall be waived for Peru from 1 April 1999 until
1 April 2000.
2. The Government of Peru will apply the provisions of the WTO Agreement on Customs
Valuation to fifty percent of the Harmonized System headings in Peru's current Customs
Tariff (Arancel de Aduanas del Peru) by 1 January 2000, with such headings being notified
by the Government of Peru to the Council fo r Trade in Goods prior to implementation under
this paragraph.
3. The Government of Peru shall report to the Council for Trade in Goods by
15 November 1999 and 15 February 2000 on the progress in fulfilling the work program inAttachment 1 and the status of its implementation of the WTO Agreement on Customs
Valuation, as well as the terms and conditions of this waiver.
4. This waiver shall not prejudice the rights and obligations of Peru under the WTO
Agreements, in particular those rights and obligations under the Agreement on CustomsValuation.
                                                     
4 G/L/214 (2 December 1997) and G/L/300 (18 March 1999).
5 L/532.G/C/W/155
Page 3ATTACHMENT 1
PROGRAMME OF WORK FOR THE IMPLEMENTATION OF THE WTO CUSTOMS VALUATION AGREEMENT
(PERU)
1999 2000 General Activities
123412Responsible Customs
Coordination
1DEFINITION OF THE OVERALL STRATEGY FOR APPLYING
THE CUSTOMS VALUATION AGREEMENTMEF – MITINCI
MRREE
- Elements
2ALLOCATION OF RESOURCES MEF
- Budgetary resources
- International technical cooperation
- Allocation of human resources
3 REPORTING AND MONITORING STAGES
- Ongoing assessment (Multisectoral Commission) MEF
- Reports to WTO Members x x
SPECIFIC ACTIVITIES
A. UPDATING OF LEGISLATION
1 MEF-MITINCI DEFINITION OF TECHNICAL ASPECTS CONTAINED IN
THE CUSTOMS VALUATION AGREEMENT MRREE
- Instruments of the Technical Valuation Committee
- Ministerial Decision concerning the truthfulness or accuracy
of the declared value
- Decision 3.1 Interests
- Decision 4.1 Software
- Define the FOB or CIF basis
- Others (e.g. family)G/C/W/155
Page 4
1999 2000 General Activities
123412Responsible Customs
Coordination
2PREPARATION AND APPROVAL OF THE LEGALRULES FOR THE APPLICATION OF THE CUSTOMS
VALUATION AGREEMENTMEF-MITINCI
MRREE
- Regulating the implementation of the Agreement
- Evaluation of breaches and penalties (General Customs Law
and Regulations) and modifications, if needed
- Preparation and issue of operative procedures handbooks
*   Definitive Import Regime handbook
*   List of Questions G/VAL/5
- Adaptation of the organic structure of the customs areas
involved in the application of the Agreement
- Adaptation of the Declaration of Value format according to
WTO and instructions
3DETERMINATION OF HEADINGS FOR THE
APPLICATION OF THE CUSTOMS VALUATION
AGREEMENT
4 APPLICATION OF THE CUSTOMS VALUATION
AGREEMENT
-S o f t w a r e x
- First group of headings (50%)  x
- Second group of headings (50%)  xG/C/W/155
Page 51999 2000 General Activities
123412Responsible Customs
Coordination
B.TRAINING IN AND PUBLICIZING THE CUSTOMSVALUATION AGREEMENT, ITS DECISIONS AND
THE NATIONAL IMPLEMENTATION RULES
1 TRAINING OF CUSTOMS PERSONNEL AND
OPERATORSMEF
- Training of instructors with APEC support (20)
- Training of instructors with AIDB support (40)
- Training of customs personnel: (by instructors)
*   Officials, basic level
*   Specialists, higher level
*   Auditors, intermediate level
2 PUBLICIZING THE AGREEMENT AMONG THE
FOREIGN TRADE OPERATORS, USERS AND THE
PUBLIC IN GENERAL MEF
- Training of external users: (by instructors)
*   Importers (associations)
*   Customs agents (associations)
*   Others (warehousemen, carriers, etc)
C. MATERIAL INFRASTRUCTURE
1 REORGANIZATION OF THE AREAS INVOLVED IN THE
APPLICATION OF THE CUSTOMS VALUATION
AGREEMENT
- Definition of functions
- Determination of resourcesG/C/W/155
Page 6
1999 2000 General Activities
123412Responsible Customs
Coordination
2 ADAPTATION OF THE COMPUTERIZED MODULES
THAT MAKE UP THE INTEGRATED CUSTOMS
MANAGEMENT SYSTEM (SIGAD): MEF
- Electronic transmission of the Declaration of Value
format (B1)
- Authorized import formalities
- Electronic links between the customs offices in the
appraisement area
3 REORGANIZATION OF THE INSPECTION AREA MEF
- Definition of functions
- Determination of resources
- Determination of the ex-post  risk management procedure
- Auditors' training (net 300)
- Basic adaptation of data for use in the ex-post  risk control
procedure in the framework of the Customs Valuation
Agreement.
Explanatory Note
MEF: Ministry of Economy and Finance.
MITINCI: Ministry of Industry, Tourism, Integration and International Trade Negotiations.MRREE: Ministry of Foreign Affairs.
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