Peru – Side Instruments

Culture

Letter from the Honourable François-Philippe Champagne

8 March 2018

Eduardo Ferreyros Küppers
Minister of Foreign Trade and Tourism
Peru

Dear Minister,

In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of Peru (Peru):

Canada and Peru agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content”, Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.

I have the honour to propose that this letter and your letter in reply, equally valid in English, French and Spanish, shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Peru.

Yours sincerely

The Honourable François-Philippe Champagne

Minister of International Trade


Response from Eduardo Ferreyros Küppers

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

I am pleased to acknowledge receipt of your letter of 8 March 2018, which reads as follows:

“In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of Peru (Peru):

Canada and Peru agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content,” Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.

I have the honour to propose that this letter and your letter in reply, equally valid in English, French and Spanish, shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Peru.”

I have the honour to confirm that the above reflects the agreement reached between our Governments, and that your letter and this letter in reply, equally valid in English, French and Spanish, shall constitute an agreement between our Governments, which shall enter into force on the date of entry into force of the Agreement as between Peru and Canada.

Sincerely, 

Eduardo Ferreyros Küppers
Minister of Foreign Trade and Tourism

Confirmation of retention of side letters signed in 2016

Letter from Eduardo Ferreyros Küppers

Santiago, 8 March 2018

The Honourable François-Philippe Champagne
Minister of lnternational Trade
Canada

Dear Minister,

In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to propose that the understanding and the letters dated 4 February 2016 that our Governments signed in connection with the signing of the Trans-Pacific Partnership Agreement signed in Auckland (the “TPP”), be equally valid and applicable with respect to the Agreement. The understanding and letters are:

  1. Understanding Related to Peru –Canada: Biodiversity and Traditional Knowledge (Signed by Ms Magali Silva Velarde-Álvarez and Ms Chrystia Freeland, dated 4 February 2016); and
  2. Peru - Canada: Geographical Indications (Letters between Ms Magali Silva Velarde-Álvarez and Ms Chrystia Freeland, dated 4 February 2016).

I have the further honour to propose that this letter and your letter of confirmation in reply, equally valid in French, English and Spanish, will constitute an understanding between the Government of Peru and the Government of Canada, which will come into effect on the date on which the Agreement enters into force for both Peru and Canada.

Yours sincerely,

Eduardo Ferreyros Küppers
Minister of Foreign Trade and Tourism


Response from  the Honourable François-Philippe Champagne

Santiago, 8 March 2018

Eduardo Ferreyros Küppers
Minister of Foreign Trade and Tourism
Peru

Dear Minister,

I have the honour to acknowledge receipt of your letter of [date], which reads as follows:

“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to propose that the understanding and the letters dated 4 February 2016 that our Governments signed in connection with the signing of the Trans-Pacific Partnership Agreement signed in Auckland (the “TPP”), be equally valid and applicable with respect to the Agreement. The understanding and letters are:

  1. Understanding Related to Peru –Canada: Biodiversity and Traditional Knowledge (Signed by Ms Magali Silva Velarde-Álvarez and Ms Chrytia Freeland, dated 4 February 2016); and
  2. Peru - Canada: Geographical Indications (Letters between Ms Magali Silva Velarde-Álvarez and Ms Chrytia Freeland, dated 4 February 2016).

I have the further honour to propose that this letter and your letter of confirmation in reply, equally valid in French, English and Spanish, will constitute an understanding between the Government of Peru and the Government of Canada, which will come into effect on the date on which the Agreement enters into force for both Peru and Canada.”

I have the further honour to confirm that the above reflects the understanding reached between the Government of Canada and the Government of Peru during the course of negotiations on the Agreement, and that your letter and this letter in reply, equally valid in French, English and Spanish, will constitute an understanding between the Government of Canada and the Government of Peru, which shall come into effect on the date on which the Agreement enters into force for both Canada and Peru.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of lnternational Trade

Geographical Indicators (signed in 2016)

Letter from Her Excellency Magali Silva Velarde-Álvarez

February 4, 2016

Chrystia Freeland
Minister of International Trade
Canada

Dear Minister Freeland,

In connection with the signing on this date of the Trans-Pacific Partnership Agreement (the TPP Agreement), I have the honour to confirm the following understanding reached between the Government of Canada (Canada) and the Government of Peru (Peru) during the course of negotiations on the TPP Agreement:

 Canada and Peru reaffirm their commitments in respect of geographical indications in accordance with Article 212 and Annex 212 of the Free Trade Agreement between Canada and the Republic of Peru signed on May 29, 2008.

I have the honour to propose that this letter, and your letter of confirmation in reply, equally valid in Spanish, English and French, confirming that your Government shares this understanding, will constitute an understanding between our Governments, which shall enter into force on the date   of entry into force of the TPP Agreement as between Canada and Peru.

Yours sincerely,

Magali Silva Velarde-Álvarez
Minister of Foreign Trade and Tourism
Peru


Response from the Honourable Chrystia Freeland

4 February 2016

Her Excellency Magali Silva Velarde-Álvarez
Minister of Foreign Trade and Tourism
The Republic of Peru

Excellency,

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

“In connection with the signing on this date of the Trans-Pacific Partnership Agreement (the TPP Agreement), I have the honour to confirm the following understanding reached between the Government of Canada (Canada) and the Government of Peru (Peru)during the course of negotiations on the TPP Agreement:

Canada and Peru reaffirm their commitments in respect of geographical indications in accordance with Article 212 and Annex 212 of the Free Trade Agreement between Canada and the Republic of Peru signed on May 29, 2008.

I have the honour to propose that this letter, and your letter of confirmation in reply, equally valid in Spanish, English and French, confirming that your Government shares this understanding, will constitute an understanding between our Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Peru.”

I have the further honour to confirm that my Government shares this understanding, and that your letter and this letter of reply, equally valid in Spanish, English and French, will constitute an understanding between our Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Peru.

Sincerely,

The Honourable Chrystia Freeland
Minister of International Trade
Canada

Biodiversity (signed in 2016)

Understanding regarding biodiversity and traditional knowledge

The Government of Canada and the Government of the Republic of Peru have reached the following understanding concerning biodiversity and traditional knowledge in connection with the Trans-Pacific Partnership Agreement (the Agreement) signed this day:

Canada and the Republic of Peru recognize that the equitable sharing of benefits that may result from the utilisation of traditional knowledge relevant for the conservation and sustainable use of biological diversity can be addressed through appropriate mechanisms.

This understanding between our Governments shall enter into force on the date of entry into force of the Agreement as between Canada and the Republic of Peru.

SIGNED in duplicate at _________ , this _________ day of _________ 2016, in the English, French, and Spanish languages, each version being equally valid.

______________________________
FOR THE GOVERNMENT OF CANADA

______________________________
FOR THE GOVERNMENT OF THE REPUBLIC OF PERU

Date Modified: