. /.   WORLD TRADE  
ORGANIZATION  WT/REG260/3 
22 October 2010 
 (10-5496) 
Committee on Regional Trade Agreements Original:   English 
  
 
FREE TRADE AGREEMENT BETWEEN THE UNITED STATES AND PERU 
(GOODS AND SERVICES) 
 
Questions and Replies
 
 
 
 The following communication, dated 20 October 2010, is being circulated at the request of the delegations of the United States and Peru.   This document reproduces the follow-up
 questions addressed to the Parties following the 
58th Session of the CRTA and the responses submitted. 
 
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Questions from the Delegation of Bolivia  
 
1. Does the United States know whether Peru has followed, for the notification and 
ratification of the Agreement, the proce dures established under the Andean Community? 
 In the Preamble of the Free Trade Agreement,  Peru and the United States recognize that Peru 
is a member of the Andean Community and that Decision 598 of the Andean Community requires 
Andean countries negotiating trade agreements to preserve the Andean Legal System in relations 
between the Andean Community Member C ountries under the Cartagena Agreement.  
 
2. What were the criteria and reasoning applied to determine the inclusion in the tariff 
liberalization programme under the Agreement of goods that were sensitive for Bolivia and 
other members of the Andean Community, wh ose preferences would be eroded by the 
Agreement between Peru and the United States? 
 In order to take into account commercial sen sitivities, members of the Andean Community 
exchanged communications on products of interest  during the Agreement's negotiations, copies of 
which are in the possession of the General Secretar iat of the Andean Community.  Likewise, the 
Minutes of the Andean Community Commission reflect th e treatment given by Peru to this issue.  
Bolivia attended some of the Agreement's negotia ting rounds with an official delegation and 
participated in the coordination meetings prior to those rounds.  
3. From the perspective of Peru and the United  States, Article 16.9(2) of the Agreement 
states that a Party that does not provide patent protection for plants by the date of entry into 
force of this Agreement shall und ertake all reasonable efforts to make such patent protection 
available consistent with paragraph 1.  Does  compliance with this bilateral commitment imply 
the modification of Peru's Law 27811, which establishes the Regime of Protection for Collective Knowledge of Indigenous People linked to Biological Resources?  
 WT/REG260/3 
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  4. Would any reasonable efforts made by Peru under the Agreement for the protection of 
plants by means of patents imply a new modification of the Andean Community's Decision 486 on Industrial Property?  
Responses to Questions 3 and 4
 
 
 To date, Peru continues to implement the provi sions of the Agreement.  Implementation of 
Article 16.9(2) does not necessarily require amendment of the above-mentioned legislation.  
 
5. Article 16.9(2) of the Agreement states that a Party that does not provide patent 
protection for plants by the date of entry in to force of this Agreement shall undertake all 
reasonable efforts to make such patent protecti on available consistent with paragraph 1.  
Bolivia would like to know whether the Parti es would establish a specific mechanism for the 
protection of access to biological diversity, given that Peru is a country classified as "Mega 
Diverse"? 
 Currently, the United States and Peru have th eir own specific domestic legislation regarding 
the protection of biological diversity, and no legislativ e amendments are expected in this respect as a 
result of the implementation of the Agreement.     
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