World Trade Organization |
RESTRICTED |
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WT/TPR/G/189 12 September 2007 | |
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(07-3780) |
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Trade Policy Review Body |
Original: Spanish |
TRADE POLICY REVIEW Report by Peru |
Pursuant to the Agreement Establishing the Trade Policy Review Mechanism (Annex 3 of the |
Note: This report is subject to restricted circulation and press embargo until the end of the first session of the meeting of the Trade Policy Review Body on Peru.
CONTENTS
Page
I. executive summary 5
II. MACROECONOMIC ENVIRONMENT: CURRENT SITUATION AND OUTLOOK 6
III. CONCEPTUAL FRAMEWORK OF TRADE POLICY 7
IV. INTERNATIONAL TRADE NEGOTIATIONS 9
(1) Multilateral Sphere 10
(2) Regional Sphere 12
(3) Bilateral Sphere 12
(a) Trade Promotion Agreement between
(b) Extension of Economic Complementarity Agreement (ECA) 38 with
(c) Economic Complementarity Agreement (ECA) 58 between
(d) Early Harvest Protocol (EHP) between
(4) Negotiations in Progress 13
(a) FTA between
(b) Extension of Economic Complementarity Agreement (ECA) 8 with
(c) FTA between
(d) FTA between
(e) Association Agreement between CAN and the European Union 14
(f) Joint Feasibility Study:
(5) Competitiveness and Cooperation in Foreign Trade 15
(6) Investment Promotion and Protection Policy 15
(7) Results and Outlook 17
I. executive summary
1. Since the last Trade Policy Review concerning
2. Over the next five-year period similar growth rates are expected, driven by the process of opening up trade on which Peru has embarked during the present decade, together with unilateral opening up and internal reforms aimed at improving competitiveness, strengthening institutions and increasing both public and private investment in infrastructure. This opening up is also aimed at boosting the volume of trade and integrating
3. In this context, the purpose of trade policy is to contribute to the country's growth and development, helping to improve the well-being of the population through a higher level of quality employment. More specifically, Peru's trade policy seeks to make the country more competitive by expanding markets for Peruvian-produced goods and services, improving the possibilities for the provision of capital goods and inputs for producers, access to a basket of higher-quality and less expensive consumer goods for consumers, and through the better conditions created for investment in the country.
4. This approach and this objective were jointly agreed by the Government, civil society and the main political parties in 2001 in the National Agreement. In order to have strong, clear leadership on trade policy and its implementation, the Ministry of Foreign Trade and Tourism (MINCETUR) was created in 2002. From the time of its creation MINCETUR defined a medium-term strategy in relation to the Trade Negotiations Agenda and the Internal Agenda on Competitiveness and Development of Foreign Trade.
5. With regard to international trade negotiations,
6. With regard to domestic action to promote the competitiveness and development of foreign trade, in 2003 MINCETUR laid the foundations of the Strategic National Export Plan (PENX), in full consultation with the public and private sectors. The Operational Action Plans for sectors, regions and markets and the trade facilitation and export culture master plans, which have a ten-year horizon, were drawn up within this framework and were grouped together in the National Competitiveness Plan of 2005 laid down by the National Competitiveness Council (CNC).
7. This mix of coordinated policies has set the country on the path to growth, which will have a long-term positive impact on the well-being of the population. It has made it possible to achieve a sustained increase in productivity, which recorded a cumulative growth rate of around 20 per cent during the period 2001-2006. This favourable economic growth situation is expected to continue, given the sound foundations of economic, trade and investment policy.
II. MACROECONOMIC ENVIRONMENT: CURRENT SITUATION AND OUTLOOK
8. In 2006, economic activity recorded 8 per cent growth in real terms, the highest in the last 11 years. The strong growth observed took place in a climate of high confidence on the part of businesses and consumers, fostered by a macroeconomic environment in which prices were stable, the tax position was in surplus, credit was more dynamic and the international scene was one of high growth rates and favourable terms of trade.
9. This growth was also associated with improved productivity in the factors of production, which together with higher levels of investment impacted positively on potential GDP growth. Higher productivity was linked to an increase in formal employment, access to new export markets and a better business climate.
10. In this situation, per capita income rose in 2006 by 6.7 per cent over the previous year and if present per capita GDP growth rates (in the region of 6 per cent) are maintained, the projections of US$3,600 for 2007 are expected to rise to US$5,700 by the year 2015. With such a figure, and with domestic social policies aimed at alleviating poverty, it is hoped that total poverty and extreme poverty will decrease at a faster rate than that observed between 2001 and 2005.
11. In December 2006, economic activity recorded its 66th month of continuous growth. This growth was led by private investment and consumption.
12. During 2006 private investment grew by 20.2 per cent, becoming the most dynamic component of domestic demand for the fourth consecutive year. It is hoped that similar rates can be maintained over future years, given the good prospects for global demand and the substantial increase in investor and consumer confidence in the country. It is therefore expected that the annual flow of private investment into
13. Private consumption rose by 6.5 per cent during 2006, sustained by the increase in national disposable income (11.9 per cent) and in employment (7.3 per cent). In particular, the increase in employment applied in a general way throughout the separate sectors of the economy and in varying forms from one geographical region to another. It was greater in the provinces (8.3 per cent) than in metropolitan
14. Other factors which also contributed to sustainable economic growth were price stability and exchange rate stability; and in 2006, for the first time in history,
15. In the fiscal sphere,
-2.4 per cent of GDP in the first three years of the present decade, it achieved a surplus of 0.6 per cent of GDP in 2006. This is the result of responsible economic management and the increase in tax revenues, which have been boosted by the growth of the economy and high international prices.
16. As regards the balance of payments, a positive balance of US$708 million was achieved; this is explained by surpluses both on current account and on financial account. In particular, the trade balance showed a surplus for the fifth consecutive year, with a figure of US$8,934 million. Over and beyond all the experts' predictions, f.o.b. exports reached a level of US$23,800 million in 2006, with an increase in each of the last three years of above 35 per cent annually. This result is due to the 41.9 per cent increase in traditional exports (mainly accounted for by price increases) and to the 23 per cent rise in non-traditional exports (due to both prices and volume).
17. In 2006,
18. Consequently, good macroeconomic results and their ongoing positive trend have made it possible for the country's debt risk to be upgraded. The EMBI+ country risk indicator calculated by the JP Morgan Chase investment bank at the end of 2006 verged on 120 basis points (the lowest level ever). Similarly, two of the main international classifications have placed the principal instruments of
19. Macroeconomic prospects for the Peruvian economy are favourable for the coming years. The ultimate goal of
20.
21. Together with determined policies to reduce poverty, this will make it possible to bring down the levels of irregular and precarious employment, which affect over 30 per cent of the active population, and at the same time to reduce present levels of total and extreme poverty, which affect 44.5 and 16.1 per cent of the population, respectively.
III. CONCEPTUAL FRAMEWORK OF TRADE POLICY
22.
23. The general objective of trade policy is to help lay the foundations for sustained growth and modernization of the Peruvian economy, seeking to improve its efficiency and productivity in order to ensure its internal and external competitiveness and greater participation in global production systems.
24.
25.
26. Given the approach outlined in the preceding paragraphs, the need to establish long-term policies that will guide each government's decisions or particular areas of concern was reflected in July 2001 by the signing of a National Agreement setting out the State's objectives, specific undertakings and policies, endorsed by representative sectors within the country. Among these is the State's approach to the Foreign Trade Policy to Expand Markets with Reciprocity, which establishes the commitment to "develop a foreign trade policy based on a joint effort by the State and the private sector to achieve the competitive integration of the country into international markets" and to "establish a tariff policy that will encourage the reduction of tariff levels and dispersion, in conformity with our integration agreements and multilateral undertakings".
27. In this connection, the Ministry of Foreign Trade and Tourism (MINCETUR) was created in July 2002 with responsibility for defining, directing, implementing, coordinating and supervising policy on foreign trade and tourism. It is also responsible for promoting exports and international trade negotiations, in conjunction with the Ministries of Foreign Affairs and of Economy and Finance and other sectors of government within their respective areas of competence. However, it must be pointed out that aspects relating to tariff policy are planned, directed and controlled by the Ministry of Economy and Finance (MEF) in conjunction with the Ministry of Foreign Trade and Tourism and with the ministry for the sector concerned, where appropriate.
28. In order to implement the Trade Policy and achieve its goals,
29. In the case of the International Trade Negotiations (ITN),
30. With regard to the unilateral liberalization of tariffs, in view of the small size of the country and in order to enhance efficiency in the allocation of production resources and promote competitiveness, Peru has continued with the policy of tariff reduction, at the same time as enabling trade distortion to be offset through commercial agreements.
31. In order for the ITN to make an effective contribution to integrating
32. Strategies and activities linked to the development of foreign trade are set out in the Strategic National Export Plan (PENX). This is the basis of the Regional Export Plans (PERX), the Trade Facilitation Master Plan and the Operational Sector Plans (POS) covering
IV. INTERNATIONAL TRADE NEGOTIATIONS
33.
34. Similarly, as part of
35. As regards bilateral and regional agreements,
Trade agreement/Integration initiative |
Status |
· Andean Community (CAN) |
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· Asia-Pacific Economic Cooperation Forum (APEC) |
In force |
· Latin American Integration Association (LAIA) |
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· Economic Complementarity Agreement (ECA) 58 between |
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· Economic Complementarity Agreement (ECA) 38 with |
In force/Extension signed |
· ECA 8 with Mexico/Extension of ECA 8 |
In force/Extension under negotiation |
· Trade Promotion Agreement between |
Signed |
· Early Harvest Protocol between |
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· FTA between |
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· FTA between |
Under negotiation |
· FTA between |
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· Association Agreement between CAN and the European Union |
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· Joint Feasibility Study with the People's Republic of |
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· Joint Feasibility Study with the |
Under evaluation |
· Free Trade Area of the |
Suspended |
(1) Multilateral Sphere
36.
37. With regard to the implementation of WTO agreements,
38. With regard to the multilateral negotiations,
39. It is therefore playing an active part in the current process of negotiation and has expressed its commitment to the success of the Doha Development Round. Being convinced that development is the key to better living conditions and that trade policy is an instrument for achieving that objective,
40.
·
· One matter of fundamental importance to
·
· With regard to the other
41.
(2) Regional Sphere
Andean Community (CAN)
42. At the subregional level,
43. Within this integration arrangement, reforms are being put into effect for the purpose of intensifying the Andean integration process within five areas of intervention: free movement of goods and services, customs union, strengthening of the judicial/institutional system, a joint investment and production development plan, and programmes of support for
44. In this context, the Andean Free Trade Area, which
APEC
45.
46. Restating the undertakings entered into in the APEC framework sends a positive signal to other countries, demonstrating
47. In 2008,
(3) Bilateral Sphere
(a) Trade Promotion Agreement between Peru and the United States
48. The
· Guarantee of permanent preferential access to the
· Consolidation of the policy of investment and opening up of economic activities, affording certainty to investors.
· Establishment of a judicial mechanism for settling trade disputes between the two countries.
· Important opportunities for the export of professional services (engineers, accountants and architects).
(b) Extension of Economic Complementarity Agreement (ECA) 38 with Chile
49. In June 2005 negotiations started with the aim of extending the scope of ECA No. 38 of 1998 in the LAIA framework. Extension of the agreement was agreed in August 2006 and is now awaiting approval by the Chilean Congress. It will consolidate a legal framework in keeping with levels of services and investment, for the purpose of establishing a full Free Trade Area between
(c) Economic Complementarity Agreement (ECA) 58 between Peru and MERCOSUR
50. ECA 58 was signed in the LAIA framework in 2003, came into force in 2006, and only contains provisions on trade in goods for the entire tariff universe. It lays down various timetables for tariff reductions between
(d) Early Harvest Protocol (EHP) between Peru and Thailand
51. In October 2003,
52. The Tariff Reduction Programme contained in the EHP includes over 70 per cent of each country's tariff universe, leaving 28 per cent of reduction arrangements to be defined in the case of
53. In order for the agreement to come into force,
(4) Negotiations in Progress
(a) FTA between Peru and Singapore
54.
(b) Extension of Economic Complementarity Agreement (ECA) 8 with Mexico
55. The extension of ECA 8 began in January 2006 with the aim of increasing and diversifying bilateral trade between
(c) FTA between Peru and EFTA (Switzerland , Liechtenstein , Norway and Iceland )
56. In April 2006, in order to strengthen trade relations between the two partners,
(d) FTA between Peru and Canada
57. In 2001
(e) Association Agreement between CAN and the European Union
58. Since
59. In July 2006 the final "Joint Valuation" document, containing conclusions and recommendations, was approved. Similarly, the Andean Community submitted the Andean view of the Basis for Negotiation. The negotiations were begun in
(f) Joint Feasibility Study: China and Korea
60. In May 2007
61. During the Summit of APEC Leaders in
(5) Competitiveness and Cooperation in Foreign Trade
62. Between 2000 and 2006,
63. Various indicators show that between 2000 and 2006 the competitiveness of local businesses improved. On the one hand, labour productivity rose by 20 per cent and unit labour costs fell by 6 per cent. On the other hand, the value of total exports grew by 245 per cent and the value of non-traditional exports by 141 per cent. This expansion was accounted for by the 61 per cent increase in the number of export enterprises, the 13 per cent increase in the number of export markets and the 20 per cent increase in exportable supply.
64. The export sector plays a fundamental role as an engine of growth, creating jobs and fostering development. In particular, export growth makes it possible to reach a far larger market, and one with much greater purchasing power, than the domestic market, and if the exports are of high added value the increase has the effect of improving the country's well-being by way of more jobs, higher wages, an increase in foreign exchange reserves and ultimately a better standard of living.
65.
66.
(6) Investment Promotion and Protection Policy
67. Private investment grew by 20.2 per cent in 2006 against a background of stability and economic expansion, low inflation rates, better conditions of access to funding and a favourable international climate – factors which fostered greater sales and profits and higher expectations on the part of entrepreneurs regarding the future of the economy. Technological renewal projects and plant extensions went ahead in response to high levels of demand (especially in manufacturing and mining). Similarly, the construction of commercial and residential premises, oil exploration and exploitation works, projects linked to electrical power generation, mining and quarrying, were all prominent. Regarding investment in capital goods, the main areas of note were construction, mining, electricity distribution and telecommunications.
68. Public investment grew by 12.7 per cent in 2006, owing mainly to higher spending by central and local government. It should be mentioned that the bulk of public investment was concentrated in the second half of the year, in response to the grant of a supplementary appropriation for the 2006 tax year (Law No. 28880) in the framework of the "investment shock" process. A series of public projects were taken forward during that period in such sectors as sanitation, road repair and improvement, transport and communications.
69. Investment performance is being sustained in a stable legal framework. In this connection, the Peruvian Constitution of 1993 contains rules laying down essential principles such as to guarantee a legal framework conducive to the development of private investment in general and foreign investment in particular, for example:
· Freedom of private initiative against the background of a social market economy and economic pluralism.
· Freedom of work, business, trade and industry.
· Definition of the subsidiary role of the State in economic activity.
· Free competition and prohibition of monopolies, and measures to combat abuse of dominant positions.
· Freedom of contract.
· The possibility of the State's providing guarantees and sureties via law contracts (contratos ley).
· Equality of treatment for domestic and foreign investment.
· Possibility of submitting disputes involving the State to domestic or international arbitration tribunals.
· Guarantee of freedom to possess and dispose of foreign currency.
· Inviolability of property and determination of exceptional grounds for authorization of expropriation, subject to payment following assessment; application of the equality principle in tax matters; and recognition that no tax may produce confiscatory effects.
70. The legal framework for dealing with investment is based on the principle of "national treatment". Foreign investment is permitted without restriction in the great majority of economic activities and does not require prior authorization as such. The acquisition of shares owned by domestic investors is wholly permitted, whether through the stock market or through transactions outside it.
71. Regarding the country's WTO commitments, no selection mechanism or performance requirement is applied to or imposed on foreign investors as such. In the case of investments which benefit from legal stability agreements with the State, the requirements are the same as for domestic investors.
72. Every enterprise is entitled to organize and develop its activities as it sees fit. Peru has repealed all the provisions of law which laid down production methods or indices, which prohibited or required the use of technological inputs or processes and, generally speaking, intervened in companies' production processes depending on the type of economic activity they pursued, their installed capacity or any other similar economic factor, with the exception of the legal rules governing industrial health and safety, environmental conservation and public health.
73. With the aim of consolidating a legal framework which safeguards and protects investment and helps to create a climate conducive to a greater flow of foreign investment, Peru has been very active in negotiating bilateral, regional and multilateral instruments whose purpose is to establish guarantees of treatment, protection and access to investment dispute settlement mechanisms.
74. Peru has signed 31 bilateral agreements on the reciprocal promotion and protection of investments with countries in the Pacific Basin, Europe and Latin America, as well as the Trade Promotion Agreement with the United States (pending approval by the United States Congress), which contains a chapter on investment. In the case of the
75. Peru has bilateral investment agreements with the following trading partners: Argentina, Australia, Belgium-Luxembourg Economic Union (ratified), Bolivia, Canada (signed), Chile, Colombia, Cuba, Czech Republic, Denmark, Ecuador, El Salvador, Finland, France, Germany, Italy, Malaysia, Netherlands, Norway, Paraguay, People's Republic of China, Portugal, Republic of Korea, Romania, Singapore, Spain, Sweden, Switzerland, Thailand, United Kingdom, United States (ratified), and Venezuela.
76. At the same time,
(7) Results and Outlook
77. Since 2002,
78. Assuming a stable international situation, with a responsible fiscal and monetary policy in operation (based on the set of explicit inflation targets), it is hoped that over the coming years economic growth will be kept at an annual average of 7 per cent, that accumulated inflation will be 1.9 per cent, that private investment will exceed US$20,000 million and that the balance of payments on current account will reach a surplus of 1.5 per cent relative to GDP.
79. In particular, in accordance with the Multi-annual Strategic Sector Plan for Foreign Trade and Tourism 2008, where foreign trade is concerned it is expected that the degree of openness in the trade in goods[4] will exceed 50 per cent by 2011 and that by that year the value of non-traditional exports recorded in 2006 will have doubled.
80. Furthermore, as a consequence of access to new markets, it is expected that the percentage of non-traditional exports linked to trade agreements will rise above 80 per cent by 2010. Similarly, the diversification of exportable supply will continue to be encouraged, with a view to increasing the number of markets for Peruvian exports and the number of exporting companies; this, together with the advances in terms of infrastructure, institutions and quality of management, will enable
81. Nevertheless, despite the fact that macroeconomic stability and the opening up of trade have helped to boost growth and therefore had positive effects in reducing poverty, Peru is aware that it is not enough to rely solely on openness and/or growth in order to eradicate poverty. For this reason, complementary policies, both cross-cutting and in particular sectors, are being developed (Sierra Exportadora Programme, Growth Programme, Regional Export Plans, etc.) which seek to help expand the impact of growth on poverty and in this way to speed up the reduction in the number of very poor and extremely poor people, whether in rural or in urban areas, and so improve income distribution in the country.
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[1] The cases concerned the trade description of scallops ("conchas de abanico"), and subsequently the trade description of sardines.
[2] However, its scope will have to be limited in order that this flexibility, as part of special and differential treatment, is the exception, not the rule; otherwise tariff barriers damaging to the developing countries themselves may be created.
[3] The system envisages that 7,200 subheadings out of a total of 9,200 will be exempted from payment of ad valorem duties.
[4] Exports+imports/GDP.