Dear Members of the Tribunal:

Pursuant to Procedural Order No. 1, the Republic of Peru hereby notifies its intention to make preliminary objections under Article 10.20.4 of the Peru–United States Trade Promotion

Agreement (the “Treaty”).1

A. Preliminary Objections Under Article 10.20.4

Article 10.20.4 of the Treaty provides, inter alia, as follows:

Without prejudice to a tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within the tribunal’s competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be made under Article 10.26.1

Article 10.20.4 thus establishes Peru’s right to raise, as a preliminary matter, “any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be made under Article 10.26.” Article 10.20.4 objections are “[w]ithout prejudice to a tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within the tribunal’s competence.” The same language is used in the Spanish and English versions of the Treaty.2