Text of the Trans-Pacific Partnership

[Viva_Viet]

The text of the TPP was released by TPP Parties on 5 November 2015 and can be accessed by Chapter below. Legal verification of the text will continue in the coming weeks. The Agreement will also be translated into French and Spanish language versions.


http://tpp.mfat.govt.nz/text

The Government is preparing a legal synopsis of the Agreement and this will be available below in the coming days.

Preamble [external link, PDF]

Download a Zip file of all 30 Chapters (excluding Annexes)[ZIP, 3.15MB]

Side Instruments
In the context of the Agreement, New Zealand has agreed side instruments with a number of other TPP Parties on a range of issues:

• New Zealand – Australia Side Letter: Relationship between TPP and Other Agreements[PDF, 86KB]
• New Zealand – Brunei Side Letter: Relationship between TPP and Other Agreements[PDF, 143KB]
• New Zealand – Canada Side Letter: Treatment of Certain Products[PDF, 151KB]
• Canada – New Zealand Side Letter: Wines and Spirits[PDF, 152KB]
• New Zealand – Chile Side Letter: Relationship between TPP and the P4 Agreement[PDF, 89KB]
• New Zealand – Chile Side Letter: Understanding on Textiles Trade[PDF, 92KB]
• Japan – New Zealand Side Letter: Understanding on Copyright Term[PDF, 78KB]
• New Zealand – Malaysia Side Letter: Relationship between TPP and Other Agreements[PDF, 90KB]
• Malaysia – New Zealand Understanding Regarding Biodiversity and Traditional Knowledge
• New Zealand – Mexico Side Letter: Treatment of Certain Products[PDF, 163KB]
• New Zealand – Peru Side Letter: Understanding on Geographical Indications[PDF, 215KB]
• Peru – New Zealand Understanding Regarding Biodiversity and Traditional Knowledge[PDF, 94KB]
• New Zealand – Singapore Side Letter: Relationship between TPP and Other Agreements[PDF, 159KB]
• New Zealand – United States Side Letter: Treatment of Certain Products[PDF, 85KB]
• New Zealand – Viet Nam Side Letter: Relationship between TPP and AANZFTA[PDF, 88KB]
• Viet Nam – New Zealand Side Letter: Electronic Payment Services[PDF, 172KB]

 

[Viva_Viet]

The TPP’s Impact on Asean
Posted by:Edmund SimOctober 12, 2015 inEconomics,Featured,Headlines,Regional

On Monday last week, trade ministers from 12 countries announced that they had completed negotiations for the Trans Pacific Partnership agreement (TPP), which had taken several years. The TPP text will not be officially released for some time, but we can already make some immediate assessments of TPP’s impact, particularly on the Asean countries (my comments on TPP made to Channel News Asia are availablehere).

Of the Asean countries in the TPP, Brunei, Malaysia, Singapore and Vietnam, Vietnam was the big winner. Vietnam had already just concluded a free trade agreement (FTA) with the EU, which would make it the only Asean country (other than Singapore) to have an FTA with Europe, the US (through the TPP) and of course in Asia through the Asean Economic Community (AEC) agreements and the Regional Comprehensive Economic Partnership (RCEP) talks. This will give major competitive advantages to Vietnamese exports. Vietnam had to sign off on a “side letter” on labour rights, as did Malaysia and Brunei, which offer the possibility that a TPP partner (e.g., the US) could withdraw the tariff privileges, but the history of such side letters indicates that this is not likely. Side letters are usually used to placate domestic legislative concerns during the ratification process (e.g., the US). Although Vietnam and other TPP partners will have new state-owned enterprise (SOE) commitments under the TPP, Vietnam’s SOEs are not as dominant in the Vietnamese export markets as is the case with China’s SOEs, and so are not as affected as China would be under the TPP.

Malaysian exports also benefit, as they had lost Generalised System of Preference (GSP) trade preferences in the US quite some time ago (which is another incentive for Malaysia to resume its own FTA talks with the EU, which had also withdrawn GSP preferences for Malaysian exports). Malaysia did have to put some limits on itsbumiputra (indigenous races) preferences for government procurement, but the TPP final agreement will likely have very long phase out periods and numerous exemptions. Nevertheless, this is a major precedent for thebumiputrapreference program and could prove controversial in Malaysia.

Brunei gets added protections for its foreign investments, which have attracted more negative attention after Brunei announced the imposition of sharia law and human rights activists started targeting Bruneian investments.

Singapore already had FTAs with almost all of the TPP partners, but had heretofore failed to achieve FTAs with Canada and Mexico, despite initiatives several years ago. With TPP, Singaporean exports and investments will benefit from market access to these North American countries. Singapore also gets credit for being the father of the TPP, as its Trans-Pacific Strategic Economic Partnership (P4) Agreement with Chile, New Zealand and Brunei, was the foundation for the TPP talks.


Photo courtesyEast Asia and Pacific Media Hub U.S. Department of State

U.S. Secretary of State John Kerry participates in a meeting with nations’ leaders discussing the Trans-Pacific Partnership (TPP)

However, the TPP’s impact is just as significant for the Asean countries not in the agreement. Indonesia, Thailand and the Philippines in particular will feel the competitive disadvantages for their exports (Myanmar, Cambodia and Laos still being able to use GSP privileges). This will definitely put more pressure on the countries to complete the RCEP talks, which in turn will mean convincing India and Indonesia to be more flexible on their bargaining positions. The three large Asean countries might also try to reinvigorate their FTA talks with the EU. Strengthening the AEC in the post-2015 era will also become more important, particularly as market access issues in these three countries have presented the most serious challenges for the AEC.

The three countries may even think about trying to join the TPP, now that the exact contours of the agreement are known. Given the strong domestic interests lined up against further trade and investment liberalisation, that may prove difficult, particularly in Indonesia. The domestic political situation in Thailand may also be an obstacle, as some in the US may want to use the TPP as a carrot to entice the Thai military regime to withdraw in favour of civilian rule again. The Philippines might bite the bullet and make the effort to join TPP as part of the price of getting further US support for its South China Sea/West Philippine Sea dispute.

The TPP still has several ratification hurdles to clear, particularly in the United States, Canada, Japan and possibly Malaysia. I do think given the intense political commitments made by the TPP partners, TPP will get through. It is a game-changer, establishing the rules for competition in the Asia-Pacific region and demonstrating that the US commitment to the region extends beyond security matters. It will also force Asean members to up their game, both those who are in the TPP already and those who on the outside looking in.



Read more:The TPP impact on AseanThe TPP impact on Asean
Thank you for reading The Establishment Post. Permission to reproduce material under the "fair use" principle is granted PROVIDED a link to the original source material is included with the cited material. The Establishment Post maintains © ownership on
Follow us:@EstabPost on Twitter|TheEstablishmentPost on Facebook

 

[Abacin]

The side agreement to the Trans-Pacific Partnership calls for Vietnam to pass legislation that would legalize independent unions, allow them to strike and let them seek help from foreign labor organizations like the A.F.L.-C.I.O.
http://www.nytimes.com/2015/11/06/b...-tpp-trade-agreement-labor-reaction.html?_r=0

Vietnam will not enjoy TPP benefits until independent unions with foreign support are formed. Vietnam will repeat what happened in Poland. Vietnamese Solidarity Union will overtun VCP.

 

[ahtan_china]

The side agreement to the Trans-Pacific Partnership calls for Vietnam to pass legislation that would legalize independent unions, allow them to strike and let them seek help from foreign labor organizations like the A.F.L.-C.I.O.
http://www.nytimes.com/2015/11/06/b...-tpp-trade-agreement-labor-reaction.html?_r=0

Vietnam will not enjoy TPP benefits until independent unions with foreign support are formed. Vietnam will repeat what happened in Poland. Vietnamese Solidarity Union will overtun VCP.

Color revolution ---Viet version
We will see.
VIET. Good luck

 

[ahojunk]

The side agreement to the Trans-Pacific Partnership calls for Vietnam to pass legislation that would legalize independent unions, allow them to strike and let them seek help from foreign labor organizations like the A.F.L.-C.I.O.
http://www.nytimes.com/2015/11/06/b...-tpp-trade-agreement-labor-reaction.html?_r=0

Vietnam will not enjoy TPP benefits until independent unions with foreign support are formed. Vietnam will repeat what happened in Poland. Vietnamese Solidarity Union will overtun VCP.

Color revolution ---Viet version
We will see.
VIET. Good luck

I was thinking the same thing - color revolution by stealth.

 

[Viva_Viet]

TPP trade pact countries agree not to manipulate currencies
PUBLISHED
NOV 5, 2015, 11:47 PM SGT
WASHINGTON (AFP) - The 12 countries of the ambitious Trans-Pacific Partnership (TPP) free-trade deal announced a parallel agreement on Thursday to avoid currency manipulation, a particular worry of the United States.

In a joint declaration accompanying the release of the full text of the TPP, the 12 pledged to permit their currencies to move based on economic fundamentals, and to not manipulate them to gain advantage over others.

The pact says that all 12 confirmed their commitment to International Monetary Fund rules "to avoid manipulating exchange rates or the international monetary system in order to prevent effective balance of payments adjustment or to gain an unfair competitive advantage."

Each of the 12 will also "refrain from competitive devaluation and will not target its country's exchange rate for competitive purposes."

"Allowing real exchange rates to adjust in line with economic fundamentals facilitates smooth macroeconomic adjustment, helps to avoid prolonged external imbalances, and promotes strong, sustainable, and balanced global growth," they said.

The agreement on foreign exchange, an adjunct to the TPP pact completed after marathon negotiations last month, was pushed by Washington, where many legislators had said they would not ratify a trade deal that did not have currency provisions.

While the United States has not accused any of the TPP members of currency manipulation, it has criticised South Korea, which wants to join the trade group, of keeping its currency artificially low.

In addition, Washington has repeatedly criticised China for holding its currency low for a trade advantage.

If China wants to join the TPP, it would have to accept the currency rules as well.

TPP trade pact countries agree not to manipulate currencies, Business News & Top Stories - The Straits Times

 

[Edison Chen]

Hello,niceguy,
Goodbye，niceguy.

Although Niceguy changed his name into Viva_Viet, he is still nice guy. Although Vietnam signed TPP, it's still Vietnam.

 

[Viva_Viet]

The side agreement to the Trans-Pacific Partnership calls for Vietnam to pass legislation that would legalize independent unions, allow them to strike and let them seek help from foreign labor organizations like the A.F.L.-C.I.O.
http://www.nytimes.com/2015/11/06/b...-tpp-trade-agreement-labor-reaction.html?_r=0

Vietnam will not enjoy TPP benefits until independent unions with foreign support are formed. Vietnam will repeat what happened in Poland. Vietnamese Solidarity Union will overtun VCP.

You should hope that they wont call for burning more CN factories in VN

Back to the Topic: Some pple still dont understand why SK is not allowed to join the TPP even SK is one of the closest US's vassal states in Asia. Well, US boss is always cruel & heartless, she wont let SK-JP to sell so many products to its market, so she kicked SK out and will force JP to raise its currency to reduce car export to TPP nations.

While the United States has not accused any of the TPP members of currency manipulation, it has criticised South Korea, which wants to join the trade group, of keeping its currency artificially low.

So , my dear friend @Nihonjin1051 , you understood that TPP will not help JP to sell more car, right ??

 

[Aepsilons]

So , my dear friend @Nihonjin1051 , you understood that TPP will not help JP to sell more car, right ??

Well to be honest currency manipulation is not a good thing and I have always been a proponent of these recent policies in quantitative easing by Japan has been detrimental to the economy. There are various factors that can accomodate growth, specifically import focused directives and they include: 1) balancing fiscal budget, 2) poverty alleviation strategies, 3) reducing tax rates particularly corporate tax rates to incentivize the Zaibatsu to return production to Japan and take advantage of our superior robotic technology for mass production, 4) improve and sustain global relations that have fueled export growth.

The globalisation of the automobile industry continues, and the expansion of international alliances is flourishing. With the cost of developing new vehicles spiralling upward, cross-border affiliations are becoming increasingly prevalent. The Japanese automobile industry has forged a wide variety of tie-ups with overseas manufacturers, ranging from technical and marketing co-operation and components supply to full-scale joint vehicle development and production.

Alliances such as these represent a key factor in world car markets increasingly characterised by diversifying demand. The connections enable companies to address niche markets without the staggering costs of development, while competition continues in other areas. The co-operation results in lowered costs and improved efficiency, as well as facilitating the transfer of valuable technical and marketing know-how.

Long-established alliances with Western manufacturers continue to expand and multiply, while increasingly, ties with Asian manufacturers reflect the Japanese automobile industry’s desire to establish a mutually beneficial global system of trade in automobiles and auto parts.

Gradually, political changes and rising disposable incomes in many nations are resulting in increased motorization. Global connections are seen as an effective way to respond to this trend, and will continue to multiply as the world’s automobile industries extend to meet demand in a growing number of markets.

If we overlook minutely, we can undoubtedly say that Japanese automobile industry has obtained remarkable progress in all aspects of Manufacturing, Quality control and Export by leaps and bounds in the past few decades.

Lastly, i should kindly remind you my Vietnam buddy to identify the dichotomy between Japan and South Korea in regards to economic and political policies.


Regards,

Hello,niceguy,
Goodbye，niceguy.

Just like the song, lol.

very night I see you standing on the corner
Shaking that thang like you're playing pop warner
Touchdown turnaround play by play keep the score
Would you turn me down if I'm not what you're looking for

I never knew you (don't give up on me)
I never knew you (don't give up on me)
I never knew you (don't give up on me)
I never knew you
Threw so hard

Touchdown turnaround I never see you around
Anywhere anymore you are what I'm looking for
Touchdown turnaround everything is safe and sound
Everywhere and everytime I am yours and you are mine

Little league in '93 taught me how to take defeat
Good thing there's no mercy rule in love cause I would long be beat
Hit the ground look around but you're nowhere to be found
Accept my loss and head back to the mound

 

[Viva_Viet]

Well to be honest currency manipulation is not a good thing and I have always been a proponent of these recent policies in quantitative easing by Japan has been detrimental to the economy. There are various factors that can accomodate growth, specifically import focused directives and they include: 1) balancing fiscal budget, 2) poverty alleviation strategies, 3) reducing tax rates particularly corporate tax rates to incentivize the Zaibatsu to return production to Japan and take advantage of our superior robotic technology for mass production, 4) improve and sustain global relations that have fueled export growth.

The globalisation of the automobile industry continues, and the expansion of international alliances is flourishing. With the cost of developing new vehicles spiralling upward, cross-border affiliations are becoming increasingly prevalent. The Japanese automobile industry has forged a wide variety of tie-ups with overseas manufacturers, ranging from technical and marketing co-operation and components supply to full-scale joint vehicle development and production.

Alliances such as these represent a key factor in world car markets increasingly characterised by diversifying demand. The connections enable companies to address niche markets without the staggering costs of development, while competition continues in other areas. The co-operation results in lowered costs and improved efficiency, as well as facilitating the transfer of valuable technical and marketing know-how.

Long-established alliances with Western manufacturers continue to expand and multiply, while increasingly, ties with Asian manufacturers reflect the Japanese automobile industry’s desire to establish a mutually beneficial global system of trade in automobiles and auto parts.

Gradually, political changes and rising disposable incomes in many nations are resulting in increased motorization. Global connections are seen as an effective way to respond to this trend, and will continue to multiply as the world’s automobile industries extend to meet demand in a growing number of markets.

If we overlook minutely, we can undoubtedly say that Japanese automobile industry has obtained remarkable progress in all aspects of Manufacturing, Quality control and Export by leaps and bounds in the past few decades.

Lastly, i should kindly remind you my Vietnam buddy to identify the dichotomy between Japan and South Korea in regards to economic and political policies.


Regards,



Just like the song, lol.

very night I see you standing on the corner
Shaking that thang like you're playing pop warner
Touchdown turnaround play by play keep the score
Would you turn me down if I'm not what you're looking for

I never knew you (don't give up on me)
I never knew you (don't give up on me)
I never knew you (don't give up on me)
I never knew you
Threw so hard

Touchdown turnaround I never see you around
Anywhere anymore you are what I'm looking for
Touchdown turnaround everything is safe and sound
Everywhere and everytime I am yours and you are mine

Little league in '93 taught me how to take defeat
Good thing there's no mercy rule in love cause I would long be beat
Hit the ground look around but you're nowhere to be found
Accept my loss and head back to the mound

My country has translated some TPP parts into Vnese, so our pple can understand the benefit VN will gain and the problem VN will face.

So, did TPP text has been translated into Japanese yet,bro ?

 

[Aepsilons]

My country has translated some TPP parts into Vnese, so our pple can understand the benefit VN will gain and the problem VN will face.

So, did TPP text has been translated into Japanese yet,bro ?

Yes it has. TPP is largely popular and supported, the Zaibatsu are in full support. The only ones that are complaining are small time ,Loud farmers and some fishing sector. But they are quite insignificant . They were recently promised subsidies, hence their recent shutting up . Lol.

Everyone has a price , my friend.

Here's a great read:

https://www.wilsoncenter.org/sites/... Economy of US-Japan Trade Negotiations_2.pdf

 

[Viva_Viet]

Yes it has. TPP is largely popular and supported, the Zaibatsu are in full support. The only ones that are complaining are small time ,Loud farmers and some fishing sector. But they are quite insignificant . They were recently promised subsidies, hence their recent shutting up . Lol.

Everyone has a price , my friend.

Here's a great read:

https://www.wilsoncenter.org/sites/default/files/TPP and the Political Economy of US-Japan Trade Negotiations_2.pdf

Base on TPP text, it seems like small VN companies will not be eaten alive by US multinational corps. VN will say good bye to CN components and buy more components from other TPP nations and will get help to get rid of CN components.

VN just made a harder rules for CN components, Cnese products few days ago. I knew it cos we has Cnese partners. Not sure if VN made harder rule for other none TPP nations or not.

 

[Aepsilons]

Base on TPP text, it seems like small VN companies will not be eaten alive by US multinational corps. VN will say good bye to CN components and buy more components from other TPP nations and will get help to get rid of CN components.

VN just made a harder rules for CN components, Cnese products few days ago.

Naturally. There will be tariff free border between Vietnam and Japan/ US. In fact, Vietnam's largest trading partner is Japan/US. The combined trade between the three exceeds $75 Billion. That will only grow to over $100 Billion mark in the next 5-10 years.

Remember, trade between Vietnam-JAPAN/USA favors Vietnam; meaning Vietnam profits because US/ Japan imports more from Vietnam than they do export. Whereas in regards to the China-Vietnam bilateral trade of $60 billion per annum --- the balance of trade favors China. China is milking Vietnam, literally and figuratively.

This is not mutualism, nor is it commensalism. It is a parasitic relationship.

Base on TPP text, it seems like small VN companies will not be eaten alive by US multinational corps. VN will say good bye to CN components and buy more components from other TPP nations and will get help to get rid of CN components.

VN just made a harder rules for CN components, Cnese products few days ago. I knew it cos we has Cnese partners. Not sure if VN made harder rule for other none TPP nations or not.

1. The Chinese are milking you for $60 billion ; like a milking cow
2. They are encroaching your borders and your maritime territories

There is no shame. Literally stealing your economic liberty, and putting a stranglehold on Vietnam. And thick skin and face to dare claim your territories and build islands on your maritime territory.

Arrogant face truly.

 

[Viva_Viet]

Naturally. There will be tariff free border between Vietnam and Japan/ US. In fact, Vietnam's largest trading partner is Japan/US. The combined trade between the three exceeds $75 Billion. That will only grow to over $100 Billion mark in the next 5-10 years.

Remember, trade between Vietnam-JAPAN/USA favors Vietnam; meaning Vietnam profits because US/ Japan imports more from Vietnam than they do export. Whereas in regards to the China-Vietnam bilateral trade of $60 billion per annum --- the balance of trade favors China. China is milking Vietnam, literally and figuratively.

This is not mutualism, nor is it commensalism. It is a parasitic relationship.



1. The Chinese are milking you for $60 billion ; like a milking cow
2. They are encroaching your borders and your maritime territories

There is no shame. Literally stealing your economic liberty, and putting a stranglehold on Vietnam. And thick skin and face to dare claim your territories and build islands on your maritime territory.

Arrogant face truly.

Recently, VN medial has been talking a lot abt how to attrack more JP investments, specially in car and motorbike assembling sector, but JP investors want Thailand to be allowed to join the TPP instead of moving their factories to VN.

Seem like VN -JP need more time to finnaly reach the win-win agreement

 

[tranquilium]

Yes it has. TPP is largely popular and supported, the Zaibatsu are in full support. The only ones that are complaining are small time ,Loud farmers and some fishing sector. But they are quite insignificant . They were recently promised subsidies, hence their recent shutting up . Lol.

Everyone has a price , my friend.

Here's a great read:

https://www.wilsoncenter.org/sites/default/files/TPP and the Political Economy of US-Japan Trade Negotiations_2.pdf

Okay, I just went through chapter 8 (only chapter 8) Technical Barriers to Trade Chapter, all 38 pages of it, here is my thought

1. The chapter mainly focus on establishing procedure to increase clarity on procedures for evaluationing technical barrier, not eliminating the barrier outright. (Which is understandable since the whole IP section of the deal is focused on restricting outward flow of technology via patenting rights)

2. The chapter also spent a lot of efforts providing suggestions for cooperation in establishing technical standards and procedures. This has broader impact as the chapter also suggest that all party involved should endeavor to share the standards and procedures as soon as possible with WTO members.

3. There will be a committee forming in regulating tech barrier within the year, we will need to wait and see their performance.

4. Specific item regarding to several items are discussed:
Wine: (Focusing on proper labeling of product related information, such as alcohol content, production origin)
Information and Communication Technology (ICT) Products that Use Cryptography: (Specifically, no party is allowed to impose regulations to force transfer of technology, also, it is stated that "If a Party requires positive assurance that an ITE product meets a standard or technical regulation for electromagnetic compatibility, it shall accept a supplier's declaration of conformity.")
Pharmaceuticals: "no Party shall require sale or related financial data concerning the marketing of the product as part of such a determination (of whether to authorize the release of certain pharmaceuticals to the local market)"
"Where a Party requires periodic reauthorisation for a pharmaceutical product that has previously received marketing authorisation by the Party, the Party shall allow the pharmaceutical product to remain on its market under the conditions of the previous marketing authorisation pending its decision on the periodic reauthorisation, except where a Party identifies a significant health or safety concern."
There are also additional lines ensuring that local government cannot impede market presence of certain pharmaceutical products unless it can cite major health concerns. I wouldn't clog up the lines with the quotes, but it is a rather interesting read.
Cosmetics: Pretty much the same thing for Pharmaceuticals
Medical Devices: Pretty much the same thing for Pharmaceuticals
Proprietary Formulas for prepackaged foods and food additives: Even if a local party gathers secret information regarding to a certain product, it may only use such information in administrative and legal procedures while maintaining its confidentiality.
Organic Products: Individual parties are encouraged to accept equivalent standards from other parties and if they do not, they "shall", on request, explain their reasons.


TLDR version, here is my thought on technical barrier section:

JESUS CHRIST, HOW MUCH DID THE BIG PHARMA, COSMETICS AND MEDICAL PRODUCERS LOBBY FOR THIS? As expected from the preliminary leak, TTP is indeed mostly about protecting existing IP and by extension, facilitate trade while maintaining technical barriers. While the other agreements are pretty tame and mundane. The section concerning pharmaceutical, cosmetics and medical devices give unparalleled power to current patent holders in regarding to other markets.

Not only there are specific guidelines preventing local governments from assess the cost, product procedure and assess related technical information, it also have specific guidelines preventing local government from suspending or preventing the presences of foreign products from flooding the local market. Guess which one will benefit which.

When I have time, I will read the other chapters and make observation as well, but I suspect it will be similar. Someone read on section concerning Japan-US agriculture/automobile trade, that section will be important as well.