WT/REG404/2  
 
9 March 2021  
(21-2019) Page: 1/12 
Committee on Regional Trade Agreements  Original: English  
 
FREE TRADE AGREEMENT BETWEEN PERU AND AUSTRALIA  
(GOODS AND SERVICES ) 
QUESTIONS AND REPLIES  
 The following communication, dated  4 March 2021 , is being circulated at the request of the 
delegations of  Peru and Australia.  
 
_______________  
 
 
Questions from the delegation of Brazil  
 
Denial of benefits  
 
1.1.  For the purposes of paragraph 4.7 and articles 8.15 and 9.10 of the Agreement, what 
constitutes for the parties "substantial business activities"? What criteria will be used to 
determine this in case of denial of benefits?  
The determination of what constitutes "substantial business activities" would have to be 
evaluated on a case-by-case basis in light of all the relevant facts and circumstances.  
 
Sanitary and phytosanitary measures  
 
1.2.  Concerning paragraph 3.40, bearing in mind that the dispute settlement mechanism 
of the Agreement does not apply to Chapter 6, are there any othe r means within the scope 
of the agreement that the other party may appeal to if the requesting Party is not satisfied 
with the results of the technical consultations?  
 If a party is not satisfied with the results of the technical consultations, and there i s new 
relevant technical data that may change the results, the party may request new technical 
consultations. Parties may also raise issues at FTA's SPS committee, which can raise issues to the 
Joint Commission for consideration. Under broader WTO obligati ons that both parties have signed 
up to, SPS issues may also be brought to the WTO SPS committee for consideration.  
 
1.3.  Have the parties discussed any provisions on the issue of accumulation of origin with 
third parties? If so, how do they plan on addressing it? 
 No, we have not discussed about accumulation with third parties. Australia and Peru only 
considered bilateral accumulation by materials and processes.  
  
1.4.  Wined and Distilled Spirits – Could the parties clarify the application of Article 19 (b) 
of Annex  7-A of the FTA, taking into account section 105A(1) of the Australian Customs 
Act 1901 and the Australian Customs Notice 2007/19?  
 As Article 19 of Annex 7 -A provides for certain exceptions, including that distilled spirits be 
certified regarding (b) if c ertification is necessary to verify claims such as age, origin or standards 
of identity, Australia considers that ACN2007/19 is in conformity with this requirement of the Peru -
Australia Free Trade Agreement.  
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  1.5.  Sanitary and Phytosanitary Measures – Could the  parties clarify the application of 
Article 6.6, particularly Articles 6.6(1), (2), (3), and (4) of the FTA, taking into account 
Article 5 of the Biosecurity (Prohibited and Conditionally Non -prohibited Goods) 
Determination 2016, and the FMD -Free Country L ist, which specifies countries that the 
Director of Biosecurity is satisfied are free from FMD?  
 Australia's Free Trade Agreement (FTA) provisions are consistent with our international 
obligations under the World Trade Organization's Agreement on the Application of Sanitary and 
Phytosanitary Measures, including adaptation to regional conditions (Artic le 6).  
 
 Australia has an established process for conducting evaluations for recognition of country or 
zone freedom from foot -and-mouth disease (FMD) consistent with our appropriate level of protection 
as legislated through the Biosecurity Act 2015. This includes having regard to a country's official 
status under the World Organisation for Animal Health and a country's capability to prevent, detect 
and manage FMD outbreaks. In recognition of the significant biosecurity risk posed by FMD, Australia 
only rec ognizes freedom without vaccination under our established policies to accept a country's 
FMD free status for any prospective trade in host commodities. To ensure this status an evaluation 
would be required.  
 
 Australia would undertake any such evaluation i n accordance with these established polices 
and processes and consistent with our international obligations, including the relevant Chapters of 
the OIE Terrestrial Animal Health Code, and applicable FTA provisions, for example Articles 6.6(1) –
(4) of the Pe ru-Australia FTA.   
 
 The list of countries Australia recogni zes as free from FMD is published pursuant to the 
Biosecurity (Prohibited and Conditionally Non -prohibited Goods) Determination 2016 
(https://www.agriculture.gov.au/biosecurity/legislation/fmd -free-country -list) and is reflective of 
these established import policies and evaluation processes.   
 
Questions from the delegation of Canada  
 
On trade and gender generally  
 
1.6.  Canada takes note of the provisions on gender and Indigenous Peoples in the 
Development and in the Cooperation and Capacity building chapters and also the 
extensive mainstreaming of SME provisions across the agreement, including a standalone 
chapter on SMEs. Given Australia and Peru 's expressed interest in advancing gender 
equalit y, could Australia and Peru explain whether they 've considered including a 
standalone chapter on trade and gender, and more extensive mainstreaming  of gender 
responsive provisions across the agreement?  
 Australia negotiates provisions on gender, where desired by the other party, in the cooperation 
and capacity building chapters of FTAs. The architecture of the Peru Australia FTA (PAFTA) was based 
on the Comprehensive Trans -Pacific Partnership Agreement, including the chapter designation. 
Acknowledging t he symbolism of specific chapters, ultimately it is the quality of the commitments 
which will make a difference. Peru and Australia view the gender and indigenous peoples provisions 
in the Development and the Cooperation and Capacity Building Chapters as s ignificant steps forward. 
Since Australian policies and regulations pertaining to business and enterprise, labour market and 
employment, access to finance, trade and economic activity in broad also aim to prevent and reduce 
discrimination based on gender, there is an expectation that the trading opportunities to be created 
under each chapter of PAFTA would be equally available to women and men. PAFTA incorporates 
provisions designed to achieve this.  
 
Chapter 8: Investment  
 
1.7.  Regarding Article 8.25 of the Agre ement: Transparency of Arbitral Proceedings:  
 Have the Parties considered incorporating by reference the UNCITRAL Rules on 
Transparency?  
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   Given that the investment chapter already provides for a high standard of transparency in 
arbitral proceedings. The Parties did not consider it necessary to incorporate by reference the 
UNCITRAL Rules on Transparency.  
 
Chapter 23: Small and Medium -Sized Enterprises  
 
1.8.  Regarding Article 23.3: Activities and Contact Points on SMEs, paragraph 1: "Each 
Party shall designate a nd notify a contact point on SMEs, to facilitate communications 
between the Parties on any matter covered by this Chapter."  
a. Could the Parties indicate how often do/will the contact points meet?  
 The contact points have not met, and therefore have not yet discussed the frequency of 
meetings.  
 
b. Have the Parties' SME contact points discussed developing and publishing a work 
plan that details the cooperation activities they plan to undertake? If so, has a 
timeframe been established to develop such work plan ? 
 The contact points have not yet discussed any such work plan.  
 
1.9.  Regarding Article 23.3: Activities and Contact Points on SMEs, paragraph 3(7): 
"3. The Parties shall to the extent possible, (7) exchange information to assist in 
monitoring the implementati on of this Agreement as it relates to SMEs."  
 To what extent have the Parties considered collaborating on data -sharing as it 
pertains to SMEs' utilization of the Peru -Australia FTA? If they have, would this include 
data on traditionally under -represented groups, such as women, Indigenous peoples, and 
others? Would public reporting be done on the implementation of the SME chapter?  
 
 The contact points have not met, so have not considered this collaboration at this stage.  
 
1.10.   Regarding Article 23.3: Activities  and Contact Points on SMEs, paragraph 3(9): 
"3. The Parties shall to the extent possible, (9) consider any other matter pertaining to 
SMEs, including any issues raised by SMEs regarding their ability to benefit from this 
Agreement."  
 Have the Parties considered cooperation activities targeted towards traditionally 
under -represented groups, such as women, Indigenous peoples, racialized people, 
disabled people, LGBTQ+, and others? If they have, could the Parties provide examples of 
potential acti vities that they would undertake in this regard?  
 The contact points have not met, so have not considered these cooperation activities at this 
stage.  
 
Questions from the delegation of Colombia  
 
1.11.   What are the main outcomes that the Government of  Peru and the Government of 
Australia hope to achieve with the implementation of this Agreement?  
 The Peru -Australia Free Trade Agreement is a comprehensive, high quality free trade 
agreement that brings opp ortunities to Peru and Australia.  
 
 For both countries, the main outcomes of Peru – Australia FTA are to promote liberali zed trade 
and investment, bring economic growth and social benefits, create new opportunities for workers 
and businesses, contribute t o raising living standards, benefit consumers, sustainable growth and 
poverty reduction.  
 
 
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  1.12.   Paragraph  4.28 indica tes that:  "In addition, Australia imposes notification and 
approval requirements for foreign investment exceeding AUD 1,134 million in general and 
exceeding AUD 261 million in sensitive business, direct investment by foreign Government 
investors regardless of value , investment by a foreign person of 5% or more in the media 
sector, acquisition by a foreign person of an interest in developed commercial land where 
the value of the interest exceeds AUD 1,134 million unless the land meets the conditions 
for the lower co -developed commercial land threshold of AUD 57 million".  
 Could the Government of Australia please indicate to which sensitive business this 
paragraph is referring with regard to the notification and approval requirements for 
foreign investment exceeding AUD 261 mill ion?  
 
 Section 22 of the Foreign Acquisitions and Takeovers Regulation 2015 defines sensitive 
businesses, which include those operating in the sectors of transport, telecommunications, media 
(tighter requirements also apply to Australian media b usinesses), defence and military related 
industries and the extraction of uranium or plutonium or the operation of nuclear facilities. See the 
Business Investments Guidance Note on the FIRB website for further details.  
 
1.13.   Could the Governments of Australia and Peru please advise if they have negotiated 
commitments in the area of "Regulatory Coherence " or "Regulatory Improvement " in 
other trade agreements ? If so, in which agreements? Could they share information on the 
implementation of the commitments under C hapter 24 of the Agreement , as well as on 
the results achieved to date ?  
 A wide range of Australia's FTAs include provisions on regulatory coherence and/or improved 
transparency provisions on regulation, including CPTPP, A -HKFTA, and AUSFTA. Much of this 
information is available online through our FTA portal at ftaportal.dfat.gov.au.  
 
 In the case of Peru, besides CPTPP, there is a chapter on regulatory coherence in the Pacific 
Alliance Protocol. This information is available online through our FTA portal at 
http://www.acuerdoscomerciales.gob.pe/  
 
Environment  
 
1.14.   Could the parties please indicate if they have identified specific areas of work under 
Article 19: Environment? Could the parties share national experiences of the 
implementation of the environment chapters in other trade agreements into which such 
provisi ons have been incorporated?  
Response from the delegation of Australia  
 
 Australia has agreed to environment chapters in its free trade agreements with the United 
States (AUSFTA Chapter 19), Korea (KAFTA Chapter 18), Peru (PAFTA Chapter 19), and in the Tra ns-
Pacific Partnership (Chapter 20). Text in the preambles to Australia 's FTAs to the environment are a 
restatement of the same principle as exists in the Marrakesh Agreement establishing the WTO. In 
the context of our FTAs, such language referring to the environment are broad references to 
Australia 's obligations under separate multilateral environmental agreements (MEAs). While some 
of these FTAs, including PAFTA, make provision for potential cooperation on national approaches to 
our respective obligation s under such MEAs, as a similar experience of environment chapter 
implementation, Australia participates in the CPTPP Environment Committee in line with Article 20.19 
of the CPTPP Environment Chapter. The Department of Agriculture, Water and the Environmen t is 
the agency responsible for monitoring and reporting Australia 's progress in observing its own MEA 
obligations and reporting of such actions can be found on https://www.environment.gov.au/about -
us/international.  
 
Response from the delegation of Peru 
 
 We have not yet identified specific areas of work under Article 19, but the umbrella of subjects 
established by the chapter includes the possibility of collaboration in various trade related 
environmental issues.  
 
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   Regarding experiences in other t rade agreements, Peru have a small number of FTAs which 
have environmental chapters, besides Peru -Australia FTA, each one with its own particularities: 
Peru-Canada FTA, Peru -Korea FTA, Peru -United States FTA, Peru -European Union FTA, Peru – UK 
FTA1 and th e CPTPP.  
 
 If any country has an interest to exchange experiences, it can communicate bilaterally with 
Peru. 
 
Questions from the delegation of Ecuador  
 
Customs procedures   
 
1.15.   Paragraph  3.60: In the text of Chapter 4: Customs Administration and Trade 
Facilitation, the rights and obligations of the WTO Trade Facilitation Agreement are not 
affirmed.  According to Peru's notification to the WTO , G/TFA/N/PER/1/Add.1, the 
provision on advance rulings shall be i mplemented from 22 July 2021.  
 In this connection , is Chapter 4 applied bilaterally, or is its implementation linked to 
Peru's notification to the WTO ? 
 
 The provision of advanced rulings in Peru -Australia FTA is not related with Peru's notification 
to the WTO.   
 
MFN and horizontal commitments: MFN non -conforming measures in matters related to 
artisanal fishing  
 
1.16.   Paragraph  4.49: The entry for "Fishing and Services Related to Fishing" in Annex 
II: Schedule of Peru includes, with regard to i nvestment and cross-border trade in 
services , a reserv ation on the right to adopt or maintain any measure on artisanal fishing . 
Given that the obligations affected include the performance requirements in Article 8.10, 
which measures would be justified unde r this reservation ? Could an example be provided?  
As an annex II entry, it has the intention to preserve full policy space for Peru in the artisanal 
fishing sector.  
 
 Currently, there are not measures in place in Peru covered by this entry. In that sense, it 
would not possible to provide an example related to performance requirements.  
 
Regulatory Coherence  
 
1.17.   Section  5.16.4: According to Article 24.3: Scope of Covered Regulatory Measures, 
"each Party shall promptly, and no later than two years after the date of entry into force 
of this Agreement, determine and make publicly available the scope of its covered 
regulatory measures. In determining the scope of covered regulatory measures, each 
Party should aim to achieve significant coverage ". 
 Are there any provisions or guidelines on how the scope of coverage would be 
determined and how significant coverage would be achieved ? Would use be made of any 
international reference guidelines on good regulatory practices or do only the 
explanations provide d in the Agreement apply?  
 
 The aim of the Regulatory Coherence provisions is to ensure that a wide range of regulatory 
measures are publicly available. It is not with regard to any international guidelines, such as they 
exist.  
 
 
 
 
 
 
1 Peru-UK FTA and Peru -European Union FTA contain a  chapter on Trade and Sustainable 
Development which addresses  environmental issues.  WT/REG404/2  
 
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  Questions from the dele gation of the European Union  
 
Provisions on Trade in Goods  
 
Regulatory provisions on trade in goods  
 
Subsidies and State -aid 
 
1.18.   "Paragraph 3.59 . Neither Party shall adopt or maintain export subsidies on any 
agricultural good destined for the territory of the other Party (Article 2.17)."  
a. Why is the reference made only to export subsidies on agricultural goods? Are 
other export subsidies covered in the agreement?  
b. Are there any other subsidies disciplines governed by the agreement such as 
transparency, consultations, any other prohibited subsidies?  
 The National Treatment and Market Access Chapter has only one provision on agricultural 
export subsidie s. 
 
Questions from the delegation of Indonesia  
 
Liberalization Schedule:  
 
1.19.   Regarding Table 3.2 and Table 3.4 ., after the year of 2025, both Parties agreed that 
Australia would still have 13 remaining dutiable tariff lines, while Peru had 48 remaining 
dutiable tariff lines.  
a. What is both Parties 's consideration on reaching this matter?  
 This was the result of the ne gotiation process.  
 
b. Is there any possibilities by both Parties to reach agreement beyond to this 
matter in the future?  
Response from the delegation of Peru  
 
 The Article 2.4 paragraph 3 establishes that on request of either Party, the Parties shall consult 
to consider accelerating the elimination of customs duties or improving the market access conditions 
set out in their Schedules to Annex 2 -B. 
 
Response from the delegation of Australia  
 
 Paragraph 5 of Article 2.4 of the Peru -Australia Free Trade A greement allows for unilateral 
tariff reduction/elimination and in accordance with that paragraph, Australia will unilaterally 
eliminate the $12,000 special duty on the thirteen used and second hand motor vehicles tariff lines, 
that meet the agreement's ru les of origin requirements, on 29 March 2021 following passage of the 
Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Act 2021 through the 
Australian Parliament.  
 
Background Information  
 
1.20.   Regarding Paragraph 2.2 ., The Agreement esta blishes a free trade area between 
the Parties (Article 1.1). The text of the Agreement, together with its annexes, is available 
on the Parties' official websites:  
Australia:   
http://www.dfat.gov.au/trade/agreements/in -force/pafta/full -text/Pages/fta -text-andassociated -
documents  
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  Peru:  
http://www.acuerdoscomerciales.gob.pe/index.php?option=com_content&view=category&layout= 
blog&id=209&Itemid=237  
 
a. For Australia: Indonesia has accessed the references website link to the legal 
text of the agreement between the two Parties and found that the documents 
were uploaded separately into more than 70 parts which need to be downloaded 
in each. This makes the WTO m ember difficult to download when we need 
complete legal text documents. Can Australia provide any download link to the 
complete legal text documents?  
 Australia generally reproduces its FTAs by chapters on the DFAT website in html format to 
meet web access ibility requirements. This does not compromise our commitment to transparency . 
 
b. For Peru: Indonesia cannot access the references website link from Peru. Can 
Peru provide any download link regarding the legal text documents?  
 You can find the legal text by accessing the website http://www.acuerdoscomerciales.gob.pe/ 
and clicking on Australia's flag, or accessing directly at:  
 
 http://www.acuerdoscomerciales.gob.pe/index.php?option=com_content&view=category&la
yout=blog&id=209&Itemid=237.  
 
Bilateral Safeguards  
 
1.21.   Regarding paragraph 3.49. , During the transition period, a Party may apply a 
transitional bilateral safeguard measure.  
The term "transition period" in relation to a particular product means the three -year 
period from the date of entry into force of the Agreement.  
 
a. Could the maximum period of 3 years of the imposition on transitional bilateral 
safeguard measures prevent or recover serious injuries suffered by the Domestic 
Industry?  
 The transitional bilateral safeguard measures are in response to the market access package 
that the parties negotiated. The transition period of 3 years was considered sufficient to prevent 
serious damage to domestic industries impacted by liberalization.  
 
b. What is the consideration of the Member in determining the transitio n period for 
a maximum of 3 years?  
The length of the transition period reflects the level of ambition in the market access package 
and, in those circumstances, is considered to be commensurate.  
 
c. What are the members' considerations in deciding to adopt tra nsitional bilateral 
safeguard measures?  
 The agreement has a very high level of market access liberali zation compared to other 
agreements. In this context, a transitional bilateral safeguard measure is appropriate to ensure that 
domestic industries can adj ust. 
 
1.22.   Regarding paragraph  3.50. , A Party shall apply a transitional safeguard measure 
only following an investigation by its competent authorities (Article 5.4).  
a. How is the procedure for investigating the transitional bilateral safeguard 
measures?  
 The procedure for investigating the transitional bilateral safeguard measures is in accordance 
with Article 3 and Article 4.2 of the Safeguards Agreement.  
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  b. Is there any inter -Member Hearings as part of the investigation process?  
 The procedure for investigatin g the transitional bilateral safeguard measures is in accordance 
with Article 3 and Article 4.2 of the Safeguards Agreement.  
 
1.23.   Regarding paragraph  3.52. , A Party shall immediately notify the other Party, in 
writing, if it initiates a transitional safeguard investigation, makes a finding of serious 
injury, or threat of serious injury, caused by increased imports, takes a decision to apply 
or extend a transi tional safeguard measure, and takes a decision to modify a transitional 
safeguard measure previously undertaken (Article 5.6). The Parties shall enter into 
consultations to review a notification or any public notice or report that the competent 
investigati ng authority issued in connection with that proceeding.  
a. What is the official language used in the notification?  
 The official language is not specified. A notification would be valid in either English or Spanish.  
 
b. What is the format for the written notific ation?  
 That the notification be in writing and set out the information required in Article 5.6.  
 
c. How is the consultation procedure in the context of the bilateral safeguard 
measures?  
 There is a consultation procedure in relation to an application or exte nsion of a transitional 
bilateral safeguard measure and for agreeing mutually agreed trade liberalizing compensation.  
 
d. How is the dispute resolution mechanism in the Peru -Australis FTA agreement 
scheme?  
 The dispute resolution mechanism applies to transiti onal safeguards.  
 
Questions from the delegation of Thailand  
 
Liberalization schedule  
 
Peru  
 
1.24.   Paragraph 3.15: Moreover, the schedule specifies four categories of tariff -rate 
quotas for dairy products (TRQ DR), sugar (TRQ SG), rice (TRQ  RC), and sorghum 
(TRQ  SH). The ad valorem  duties and the specific duties derived from the application of 
the Peruvian price -band system (hereinafter SPFP), established in the Supreme 
Decree  N°115 -2001 -EF and its amendments, are not applied to imports with in an 
aggregate quota in any calendar year specified in its schedule. For the out quota 
quantities, customs duties on originating goods provided for in those categories are 
exempt from tariff elimination.   
 As indicated in paragraph 3.15 that the duties de rived from the application of SPFP 
are not applied to imports within an aggregate quota, what will be the rate of customs 
duty levied upon the imports within an aggregate quota and does it mean that the 
application of SPFP remains applicable for the out qu ota imports? And if the SPFP applies 
to the out quota imports, please explain briefly how this mechanism works.  
 
 For tariff lines that are subject to tariff rate quotas, Peru applies composed duties ( ad valorem  
duties + specific duties). As a result of the negotiation process, within an aggregate quota, Peru 
eliminates both , the ad valorem  and the specific component. For the out quota quantities, there are 
not tariff elimination commitments.  
 
 The maximum speci fic duty applicable for rice is 20% and for the other products is 15%.  
 
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  Technical barriers to trade  
 
1.25.   Paragraph 3.44 : Each Party shall accord to conformity assessment bodies located 
in the territory of the other Party treatment no less favourable than it accords to 
conformity assessment bodies located in its own territory (Article 7.6). To do so, each 
Party shall apply the same or equivalent procedures, criteria and other conditions to 
accredit, approve, license or otherwise recognize conformity assessment  bodies located 
in the territory of the other Party that it may apply to conformity assessment bodies in its 
own territory.  
 As indicated in paragraph 3.44 that each Party shall apply the same equivalent 
procedures, criteria and other conditions to accredit, approve, license or otherwise 
recognize conformity assessment bodies of the other Party, may it also imply that the 
Parties will accept the result of the other Party's conformity assessment bodies?  
 
 Article 7.6.1. does not mean that a Party must  accept the results of the other Party's 
conformity assessment bodies. Article 7.6.1 builds on is Article 6.4 of TBT Agreement: "Members 
are encouraged to permit participation of conformity assessment bodies located in the territories of 
other Members in t heir conformity assessment procedures under conditions no less favorable than 
those accorded to bodies located within their territory or the territory of any other country."  
 
 According to Article 7.6.5, if a Party does not accept the results of a conform ity assessment 
procedure conducted in the territory of the other Party, it shall, on the request of the other Party, 
explain the reasons for its decisions.  
 
Other regulations  
 
Sector -specific provisions on trade in goods  
 
Agriculture  
 
1.26.   Paragraph 3.62: Artic le 2.18 covers trade of products of modern biotechnology 
defined as agricultural goods, as well as fish and fish products, developed using modern 
biotechnology, except medicines and medical products. The Parties confirm the 
importance of transparency, coop eration and exchanging information related to the trade 
of those products.  
 Please define the term "modern biotechnology" covered under this Agreement.  
 
 The term "modern biotechnology" is defined in Chapter 2 National Treatment and Market 
Access for Goods , Section Agriculture, article 2.15. Definitions:  
 
 "For the purposes of this Section: ... modern biotechnology  means the application of: (a) in 
vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (rDNA) and direct injection 
of nucleic acid into cells or organelles; or (b) fusion of cells beyond the taxonomic family, that 
overcome natural phy siological reproductive or recombinant barriers and that are not techniques 
used in traditional breeding and selection" . 
 
Regulatory provisions  
 
Domestic regulation  
 
1.27.   Paragraph 4.64: If the results of the negotiations under paragraph 4 of Article VI 
of the  GATS, or the results of any similar negotiations undertaken in other fora enter into 
effect, the Parties shall jointly review the results with a view to bringing them into effect, 
as appropriate, under the Agreement.  
 Many World Trade Organization (WTO) m embers have participated in the ongoing 
negotiations on Joint Statement on Services Domestic Regulation, of which the outcome 
will be incorporated into their respective schedules of commitments under General 
Agreement on Trade in Services (GATS). As Austra lia and Peru are among those WTO 
members currently engaging in the discussions, could it be possible for both countries to WT/REG404/2  
 
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  amend Chapter 9 Article 9.8 to be consistent with the results of the said negotiations once 
it is finalized. In addition, at what app roximate timeframe would the review begin?  
 
 Yes, it would be possible for both countries to review and amend article 9.8 to be consistent 
with the results of negotiations under paragraph 4 of Article VI of GATS (Domestic Regulation), or 
the results of any  similar negotiations undertaken in other multilateral fora in which the Parties 
participate, once they have entered into force. It is not possible to provide a timeframe on when the 
results of such a review would enter into force.  
 
Investment  
 
1.28.   Paragraph 4.77: Finally, Section B of Chapter 8 provides for a mechanism for the 
settlement of disputes between an investor and the host Party, which is described in 
section 5.6 of this report. Furthermore, Parties agreed that no claim may be brought under  
Section B in relation to a measure that is designed and implemented to protect or promote 
public health.  
 As Section B of Chapter 8 states that no claim may be brought under this Section in 
relation to a measure that is designed and implemented to protect  or promote public 
health.  Are there any criteria set forth to determine whether a measure is designed and 
implemented to protect or promote public health? Furthermore, as Australia has given 
several examples of the measures designed and implemented to pro tect or promote public 
health as stipulated in the Agreement, could Peru give some examples of those measures 
that are currently implemented as well?  
 
Response from the delegation of Peru  
 
 With regard to the carve out established in Section B of Chapter 8 , Parties have not established 
any criteria to determine when we are before a measure that is designed and implemented to protect 
or promote public health.  
 
 Peru has not identified concrete measures that we expect to highlight in the context of the 
Peru-Australia FTA. In that sense, it would not be possible for us to provide examples about such 
measures.  
 
Response from the delegation of Australia  
 
 With regard to the carve out for public health measures from Investor -State Dispute 
Settlement (ISDS), Austra lia set out in footnote 17 of Chapter 8 that, "[f]or greater certainty, for 
Australia, such measures include: measures comprising or related to the Pharmaceutical Benefits 
Scheme, Medicare Benefits Scheme, Therapeutic Goods Administration and Office of the  Gene 
Technology Regulator. A reference to a body or program in this footnote includes any successor of 
that body or program." The Parties have not otherwise included any explicit guidance to determine 
whether a measure is designed and implemented to prote ct or promote public health".  
 
Intellectual property rights  
 
1.29.   Paragraph 5.44: Has each party established any measures to protect genetic 
resources, traditional knowledge and traditional cultural expressions? If any, please 
provide the details?  
Response from the delegation of Peru  
 
 Regarding measures implemented by Peru, in 2002, Peru issued the Law No. 27811 that 
introduces a protection regime for the collective knowledge of indigenous peoples derived from 
biological resources.  
 
 Also, the Ande an Community (CAN) framework, Peru has implemented decisions related to 
access to genetic resources.  
 
 
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   Additionally, in 2004, Peru created the National Commission Against Biopiracy, chaired by the 
National Institute for the Defense of Competition and Pro tection of Intellectual Property (INDECOPI), 
which carries out actions to identify and follow up on patent applications filed or patents granted 
abroad that relate to Peruvian biological resources or to collective knowledge of the indigenous 
people of Peru . 
 
Response from the delegation of Australia  
 
 The Australian Government has committed to scope the feasibility of stand -alone legislation 
to protect Indigenous Knowledge, including traditional knowledge and traditional cultural 
expressions. This work is i n response to a recommendation of House of Representatives Standing 
Committee on Indigenous Affairs on the impact of inauthentic art and craft in the style of First 
Nations peoples.  
 
 The Australian Government is also progressing the Indigenous Knowledge Work Plan 2020 -21 
to enhance the Australian intellectual property system to enable Aboriginal and Torres Strait Islander 
people to protect and benefit from their Indigenous Knowledge. As part of this, IP Australia is 
consulting with stakeholders during 202 1 on potential changes to the administration of IP rights, 
including disclosure of source in patents and plant breeders' rights, and new trademarks and designs 
processes to support appropriate use of Indigenous Knowledge.  
 
Questions from the delegation of the United States  
 
General Provisions of the Agreement  
 
Transparency  
 
1.30.   Paragraph 5.1 , Section B of Chapter 25 addresses transparency. It includes the 
obligation to publish laws, regulations, procedures, and administrative ru lings of general 
application with respect to any matter covered by the Agreement (Article 25.2), principles 
of consistency and impartiality applicable to administrative proceedings (Article 25.3), 
the establishment or maintenance of judicial, quasi -judicia l or administrative tribunals or 
procedures for the prompt review and correction of a final administrative action on any 
matter covered by the Agreement (Article 25.4) and the provision of information on 
proposed or actual measure affecting the operation o f the Agreement (Article  25.5).  
Paragraph 5.2. Other transparency disciplines are included in a number of Chapters.  
 
Could the Parties explain why are there no specific transparency obligations in the 
regulatory coherence (5.16.4) chapter with respect to development or issuance of 
technical regulations across the central government?  
 
 There are no specific transparency obligations in the Regulatory Coherence chapter with 
respect to the development or issuance of technical regulations across the central government, as 
this is covered by the cross -cutting Transparency Chapter.  
 
 Furthermore, Chapter 7 on Technical Barrier s to Trade establishes specific provisions on 
transparency regarding the development, issuance and publication of technical regulations.  
 
Relationship with other agreements concluded by the Parties  
 
Table 5.1, footnote b  
 
1.31.   Table 5.1, footnote b reads, "The CPTPP entered into force for Australia, Canada, 
Japan, Mexico, New Zealand, Singapore on 30 December 2018 and for Viet Nam on 
14 January 2019. Entry into force for Peru is pending."  
 Could the Parties please elaborate on which, if any, of the commitments in the 
Australia -Peru RTA differ from those in the Comprehensive and Progressive Trans Pacific 
Partnership Agreement?  
 WT/REG404/2  
 
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   Since both Australia and Peru are signatories of the CPTPP, with the CPTPP in force for 
Australia, the  CPTPP served as an important reference for negotiation of the Peru -Australia FTA 
(PAFTA).  
 
 As a bilateral agreement, the Peru -Australia FTA provided the opportunity to consider and 
address areas of mutual interest between Australia and Peru, and therefor e achieve outcomes which 
enhance our bilateral trading relationship.  
 
 As a result, PAFTA includes improved market access commitments beyond those in the CPTPP, 
and the rules contained in PAFTA differ to those in the CPTPP, reflecting the bilateral nature  of the 
Agreement. This includes provisions on Rules of Origin, Services, Investment, and Intellectual 
Property, among others.  
 
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