The leaders of Australia, Brunei, Chile, Malaysia, New Zealand, Peru,
Singapore, Vietnam and the US on Nov. 12 announced the broad outlines of
their Trans-Pacific Partnership (TPP) agreement, according to the
Vietnamese Ministry of Industry and Trade.
TPP will work to
enhance trade and investment among the TPP partner countries, promote
innovations, economic growth and development, and support the creation
and retention of jobs.
Below is the full text of the TPP agreement’s broad framework:
Key Features
In
reporting to Leaders on the achievement of the broad outlines of an
agreement, the Trade Ministers identified five defining features that
will make TPP a landmark, 21st-century trade agreement, setting a new
standard for global trade and incorporating next-generation issues that
will boost the competitiveness of TPP countries in the global economy.
* Comprehensive market access: to eliminate tariffs and other
barriers to goods and services trade and investment, so as to create new
opportunities for our workers and businesses and immediate benefits for
our consumers.
* Fully regional agreement: to facilitate the
development of production and supply chains among TPP members,
supporting our goal of creating jobs, raising living standards,
improving welfare and promoting sustainable growth in our countries.
* Cross-cutting trade issues: to build on work being done in APEC and
other fora by incorporating in TPP four new, cross-cutting issues.
These are:
- Regulatory coherence. Commitments will promote trade
between the countries by making trade among them more seamless and
efficient.
- Competitiveness and Business Facilitation. Commitments
will enhance the domestic and regional competitiveness of each TPP
country’s economy and promote economic integration and jobs in the
region, including through the development of regional production and
supply chains.
- Small- and Medium-Sized Enterprises. Commitments
will address concerns small- and medium-sized enterprises have raised
about the difficulty in understanding and using trade agreements,
encouraging small- and medium-sized enterprises to trade
internationally.
- Development. Comprehensive and robust market
liberalization, improvements in trade and investment enhancing
disciplines, and other commitments, including a mechanism to help all
TPP countries to effectively implement the Agreement and fully realize
its benefits, will serve to strengthen institutions important for
economic development and governance and thereby contribute significantly
to advancing TPP countries’ respective economic development priorities.
* New trade challenges: to promote trade and investment in innovative
products and services, including related to the digital economy and
green technologies, and to ensure a competitive business environment
across the TPP region.
* Living agreement: to enable the updating of
the agreement as appropriate to address trade issues that emerge in the
future as well as new issues that arise with the expansion of the
agreement to include new countries.
Scope
• The agreement is
being negotiated as a single undertaking that covers all key trade and
trade-related areas. In addition to updating traditional approaches to
issues covered by previous free trade agreements (FTAs), the TPP
includes new and emerging trade issues and cross-cutting issues.
•
More than twenty negotiating groups have met over nine rounds to develop
the legal texts of the agreement and the specific market access
commitments the TPP countries will make to open their markets to each
others’ goods, services, and government procurement.
• All of the
nine countries also have agreed to adopt high standards in order to
ensure that the benefits and obligations of the agreement are fully
shared. They also have agreed on the need to appropriately address
sensitivities and the unique challenges faced by developing country
members, including through trade capacity building, technical
assistance, and staging of commitments as appropriate.
• A set of
new, cross-cutting commitments are intended to reduce costs, enable the
development of a more seamless trade flows and trade networks between
TPP members, encourage the participation of small- and medium-sized
enterprises in international trade, and promote economic growth and
higher living standards.
• The negotiating teams have proposed new
commitments on cross-cutting issues in traditional chapters and also
have made substantial progress toward agreement on separate, stand-alone
commitments to address these issues.
Legal Texts
• The
negotiating groups have developed consolidated legal text in virtually
all negotiating groups. In some areas, text is almost complete; in
others, further work is needed to finalize text on specific issues. The
texts contain brackets to indicate where differences remain.
• The
legal texts will cover all aspects of commercial relations among the
TPP countries. The following are the issues under negotiation and a
summary of progress.
* Competition. The competition text will
promote a competitive business environment, protect consumers, and
ensure a level playing field for TPP companies. Negotiators have made
significant progress on the text, which includes commitments on the
establishment and maintenance of competition laws and authorities,
procedural fairness in competition law enforcement, transparency,
consumer protection, private rights of action and technical cooperation.
* Cooperation and Capacity Building. The TPP countries agree that
capacity building and other forms of cooperation are critical both
during the negotiations and post-conclusion to support TPP countries’
ability to implement and take advantage of the agreement. They
recognize that capacity building activities can be an effective tool in
helping to address specific needs of developing countries in meeting the
high standards the TPP countries have agreed to seek. In this spirit,
several cooperation and capacity building activities have already been
implemented in response to specific requests and additional activities
are being planned to assist developing countries in achieving the
objectives of the agreement. The TPP countries also are discussing
specific text that will establish a demand-driven and flexible
institutional mechanism to effectively facilitate and cooperation and
capacity building assistance after the TPP is implemented.
* Cross-Border Services. TPP countries have agreed on most of the core
elements of the cross-border services text. This consensus provides the
basis for securing fair, open, and transparent markets for services
trade, including services supplied electronically and by small- and
medium-sized enterprises, while preserving the right of governments to
regulate in the public interest.
* Customs. TPP negotiators have
reached agreement on key elements of the customs text as well as on the
fundamental importance of establishing customs procedures that are
predictable, transparent and that expedite and facilitate trade, which
will help link TPP firms into regional production and supply chains.
The text will ensure that goods are released from customs control as
quickly as possible, while preserving the ability of customs authorities
to strictly enforce customs laws and regulations. TPP countries also
have agreed on the importance of close cooperation between authorities
to ensure the effective implementation and operation of the agreement as
well as other customs matters.
* E-Commerce. The e-commerce text
will enhance the viability of the digital economy by ensuring that
impediments to both consumer and businesses embracing this medium of
trade are addressed. Negotiators have made encouraging progress,
including on provisions addressing customs duties in the digital
environment, authentication of electronic transactions, and consumer
protection. Additional proposals on information flows and treatment of
digital products are under discussion.
* Environment. A meaningful
outcome on environment will ensure that the agreement appropriately
addresses important trade and environment challenges and enhances the
mutual supportiveness of trade and environment. The TPP countries share
the view that the environment text should include effective provisions
on trade-related issues that would help to reinforce environmental
protection and are discussing an effective institutional arrangement to
oversee implementation and a specific cooperation framework for
addressing capacity building needs. They also are discussing proposals
on new issues, such as marine fisheries and other conservation issues,
biodiversity, invasive alien species, climate change, and environmental
goods and services.
* Financial Services. The text related to
investment in financial institutions and cross-border trade in financial
services will improve transparency, non-discrimination, fair treatment
of new financial services, and investment protections and an effective
dispute settlement remedy for those protections. These commitments will
create market-opening opportunities, benefit businesses and consumers
of financial products, and at the same time protect the right of
financial regulators to take action to ensure the integrity and
stability of financial markets, including in the event of a financial
crisis.
* Government Procurement. The text of the Government
Procurement Chapter will ensure that procurement covered under the
chapter is conducted in a fair, transparent, and non-discriminatory
manner. The TPP negotiators have agreed on the basic principles and
procedures for conducting procurement under the chapter, and are
developing the specific obligations. The TPP partners are seeking
comparable coverage of procurement by all the countries, while
recognizing the need to facilitate the opening of the procurement
markets of developing countries through the use of transitional
measures.
* Intellectual Property. TPP countries have agreed to
reinforce and develop existing World Trade Organization Agreement on
Trade-Related Aspects of Intellectual Property (TRIPS) rights and
obligations to ensure an effective and balanced approach to intellectual
property rights among the TPP countries. Proposals are under
discussion on many forms of intellectual property, including trademarks,
geographical indications, copyright and related rights, patents, trade
secrets, data required for the approval of certain regulated products,
as well as intellectual property enforcement and genetic resources and
traditional knowledge. TPP countries have agreed to reflect in the text
a shared commitment to the Doha Declaration on TRIPS and Public Health.
* Investment. The investment text will provide substantive legal
protections for investors and investments of each TPP country in the
other TPP countries, including ongoing negotiations on provisions to
ensure non-discrimination, a minimum standard of treatment, rules on
expropriation, and prohibitions on specified performance requirements
that distort trade and investment. The investment text will include
provisions for expeditious, fair, and transparent investor-State dispute
settlement subject to appropriate safeguards, with discussions
continuing on scope and coverage. The investment text will protect the
rights of the TPP countries to regulate in the public interest.
* Labor. TPP countries are discussing elements for a labor chapter that
include commitments on labor rights protection and mechanisms to ensure
cooperation, coordination, and dialogue on labor issues of mutual
concern. They agree on the importance of coordination to address the
challenges of the 21st-century workforce through bilateral and regional
cooperation on workplace practices to enhance workers’ well-being and
employability, and to promote human capital development and
high-performance workplaces.
* Legal Issues. TPP countries have made
substantial progress on provisions concerning the administration of the
agreement, including clear and effective rules for resolving disputes
and are discussing some of the specific issues relating to the process.
TPP countries also have made progress on exceptions from agreement
obligations and on disciplines addressing transparency in the
development of laws, regulations, and other rules. In addition, they
are discussing proposals related to good governance and to procedural
fairness issues in specific areas.
* Market Access for Goods. The
TPP countries have agreed to establish principles and obligations
related to trade in goods for all TPP countries that ensure that the
market access that they provide to each other is ambitious, balanced,
and transparent. The text on trade in goods addresses tariff
elimination among the partners, including significant commitments beyond
the partners’ current WTO obligations, as well as elimination of
non-tariff measures that can serve as trade barriers. The TPP partners
are considering proposals related to import and export licensing and
remanufactured goods. Additional provisions related to agricultural
export competition and food security also are under discussion.
Among
the market access issues under discussion are textiles and apparel, on
which the TPP countries agree on the importance of strong commitments.
Proposals have been made on a series of related disciplines, such as
customs cooperation and enforcement procedures, rules of origin and a
special safeguard.
* Rules of Origin. TPP countries have agreed to
seek a common set of rules of origin to determine whether a product
originates in the TPP region. They also have agreed that TPP rules of
origin will be objective, transparent and predictable and are discussing
approaches regarding the ability to cumulate or use materials from
within the free trade area in order to make a claim that a product is
originating. In addition, the TPP countries are discussing the
proposals for a system for verification of preference claims that is
simple, efficient and effective.
* Sanitary and Phytosanitary
Standards (SPS). To enhance animal and plant health and food safety and
facilitate trade among the TPP countries, the nine countries have
agreed to reinforce and build upon existing rights and obligations under
the World Trade Organization Agreement on the Application of Sanitary
and Phytosanitary Measures. The SPS text will contain a series of new
commitments on science, transparency, regionalization, cooperation, and
equivalence. In addition, negotiators have agreed to consider a series
of new bilateral and multilateral cooperative proposals, including
import checks and verification.
* Technical Barriers to Trade (TBT).
The TBT text will reinforce and build upon existing rights and
obligations under the World Trade Organization Agreement on Technical
Barriers, which will facilitate trade among the TPP countries and help
our regulators protect health, safety, and the environment and achieve
other legitimate policy objectives. The text will include commitments
on compliance periods, conformity assessment procedures, international
standards, institutional mechanisms, and transparency. The TPP
countries also are discussing disciplines on conformity assessment
procedures, regulatory cooperation, trade facilitation, transparency,
and other issues, as well as proposals that have been tabled covering
specific sectors.
* Telecommunications. The telecommunications text
will promote competitive access for telecommunications providers in TPP
markets, which will benefit consumers and help businesses in TPP markets
become more competitive. In addition to broad agreement on the need
for reasonable network access for suppliers through interconnection and
access to physical facilities, TPP countries are close to consensus on a
broad range of provisions enhancing the transparency of the regulatory
process, and ensuring rights of appeal of decisions. Additional
proposals have been put forward on choice of technology and addressing
the high cost of international mobile roaming.
* Temporary Entry.
TPP countries have substantially concluded the general provisions of the
chapter, which are designed to promote transparency and efficiency in
the processing of applications for temporary entry, and ongoing
technical cooperation between TPP authorities. Specific obligations
related to individual categories of business person are under
discussion.
* Trade Remedies. TPP countries have agreed to affirm
their WTO rights and obligations and are considering new proposals,
including obligations that would build upon these existing rights and
obligations in the areas of transparency and procedural due process.
Proposals also have been put forward relating to a transitional regional
safeguard mechanism.
Tariff Schedules and Other Market-Opening Packages
•
The TPP tariff schedule will cover all goods, representing some 11,000
tariff lines. The nine countries also are developing common TPP rules
of origin, and are weighing proposals now for how to do this most
effectively and simply.
• Services and investment packages will
cover all service sectors. To ensure the high-standard outcome the nine
countries are seeking, the TPP countries are negotiating on a “negative
list” basis, which presumes comprehensive coverage but allows countries
to negotiate specific exceptions to commitments in specific service
sectors.
• Government procurement packages are being negotiated
with each country seeking to broaden coverage to ensure the maximum
access to each others’ government procurement markets, while recognizing
each others’ sensitivities.
Next Steps
• Leaders of the nine
TPP countries have instructed negotiators to meet in early December, and
at that time to schedule additional negotiating rounds./.