United States-peru Trade Promotion Agreement

Implementation: United States-peru Trade Promotion Agreement (“ptpa”) in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In 2011, both the United States and Peru took steps to implement the PTPA. On October 28, 2011, the United States Treasury and Homeland Security Departments amended the Customs and Border Protection (“CBP”) regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the PTPA. 76 Fed. Reg. 68,067-84 (Nov. 3, 2011).

On June 15, 2011, Peru's Congress passed a new forestry and wildlife law which included key reforms called for under the PTPA Annex on Forest Sector Governance to combat illegal logging and illegal trade in wildlife. The Government of Peru conducted extensive consultations with indigenous and local communities and other stakeholders in Peru in the lead-up to passage of the forestry and wildlife law. United States Trade Representative Ron Kirk welcomed the new law and other steps taken by Peru to implement the environmental obligations under the PTPA:

The United States has worked closely with Peru over a period of two years while it developed legal provisions to strengthen forest sector governance as called for under the PTPA Annex on Forest Sector Governance. In addition to passage of the Forestry and Wildlife Law, the Government of Peru has made other unprecedented changes to its legal and regulatory regimes to implement its commitments under the Annex, including amending its Criminal Code to increase penalties for forest, wildlife and environmental crimes and assigning ecological police officers and prosecutors to regions in Peru. It also created a Ministry of Environment to take the lead on natural protected areas and to assume other important environmental duties.

Developments

Statement by Ambassador Kirk, available at (internet link) ustr.gov/about-us/press-office/press-releases/2011/june/statement-ambassador-ron-kirk-passage-perus-forestry. The PTPA is the first U.S. trade agreement to include provisions requiring action to address a specific environmental concern and the first such agreement to subject all the environmental obligations to the same state-to-state dispute settlement procedures as commercial obligations in the agreement. see this world legal encyclopedia in relation to the year 2009 at 432-33 for discussion of the entry into force of the PTPA.

Resources

See Also

• Trade
• Commercial Relations
• Investment
• Transportation
• Trade Agreements
• Trade-Related Issues
• Free Trade Agreements
• United States
• Peru
• Trade Promotion Agreements