deborah elms september 2012 [email protected] 1
TRANSCRIPT
Eleven countries, three continents, diverse levels of economic development◦ Australia, Brunei, Canada, Chile, Malaysia, Mexico,
New Zealand, Peru, Singapore, United States, Vietnam
“High quality, 21st century” agreement Accession clause
◦ Open to new members, especially from APEC Fourteen formal negotiating rounds held,
starting in March 2010 Canada and Mexico join in 15th round, Dec
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1. Substantial scope◦ Including “behind the border” measures
2. Depth◦ Limited sensitivities
3. Shared set of norms and commitments Beyond bilateral arrangements
◦ Address noodle bowl problems of overlapping PTAs
Attractive to developed and developing country members
Note: 21st century, high quality has not been defined by government negotiators
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Section 1: Origins of the TPP◦ P4 agreement, US templates, development◦ Historical review of negotiations (thru Nov 2011)
Section 2: Details of agreement◦ What would a high quality deal look like anyway?◦ How close does the TPP appear to come to ideal?◦ Chapters cover: market access in goods, ROOs,
services, investment, IPR, regulatory coherence, labor, environment, potential export rules
Section 3: Connection of TPP to other PTAs◦ Latin America, APEC, ASEAN, WTO, Regionalism
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Existing, overlapping, FTAs pose major problems: most serious in goods
Has severely complicated negotiations over both tariff reductions and over ROOs
Complex structural negotiating positions ◦ United States and Peru◦ Rest in a “plurilateral” offer on goods
Officially, no exclusions Ten-year timeline At end of 10 years, may be all sorted
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Specific areas of concern◦ Dairy◦ Sugar◦ Textiles◦ Footwear◦ Tobacco◦ Autos?
Quantitative restrictions (TRQs): not yet dealt with (complicated because also in PTAs)
Rules of origin◦ Product-specific ROOs so far◦ Yarn-forward likely for most textiles
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Deadline of 2012 not going to be met Perhaps APEC, November 2013?
◦ Depends in part on Canada, Mexico◦ Japan?
Political level decisions needed Tensions within agreement-managing
strategic and economic needs Accession procedures into TPP in future? Status as a “living” agreement High quality: compared to what
benchmark?
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For market access in goods◦ No exclusions, including sensitive products in
agriculture◦ No special provisions for textiles◦ Phase out of quantitative restrictions?
Liberal Rules of Origin criteria In services
◦ Liberalize on basis of negative list◦ Modest sensitivities allowed
New topics, new ideas brought to table
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Market Access-Goods State-Owned Enterprises
Agriculture
Textiles Technical Barriers to Trade
Rules of Origin
Sanitary, Phytosanitary
Measures
Customs Cooperation Investment
Services Financial Services Telecommunications
E-Commerce Business Mobility Government Procurement
Competition Intellectual Property Labor
Environment Capacity Building Trade Remedies
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TPP members committed to including “new” issues—21st century topics
Several topics lumped into horizontal basket◦ Small and medium enterprise (SME) support◦ Regulatory coherence◦ Competitiveness◦ Supply chain management◦ Development
As negotiations continue, innovative features increasingly watered down
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Regulatory coherence◦ Especially focused on TBT issues◦ Single regulatory agency?◦ Binding?
Small and medium enterprises◦ Folded into competitiveness and business
facilitation Development
◦ Timelines◦ Capacity building◦ Financing
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Maintain own labor laws as per 1998 ILO Declaration
Not core ILO provisions Will apply to EPZs and free trade zones How to handle complaints? Connection between TPP and previous FTA
commitments on labor Dispute settlement?
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How to push conservation—at TPP or national level?
Uphold commitments under signed MEAs Conservation of natural resources and
wildlife◦ Includes fish, logging, trade in wildlife, CITES
TPP and climate change Public participation? Dispute settlement?
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State-owned enterprises Export competition
◦ Agricultural subsidies and food aid programs E-commerce rules
◦ Cross-border data flows and storage facility locations
Extent of dispute settlement◦ Sanitary and phytosanitary (SPS) rules?◦ Investor-state?
Government procurement Trade remedies
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TPP is farthest reaching IP FTA yet◦ Much more intrusive than TRIPS in WTO
Access to medicines issues◦ Data exclusivity, patent linkage, patent term
extensions (access window)◦ Biologics◦ Drug pricing and reimbursement programs
Copyright Trade secrets Local content requirements (for broadcast)
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Geographical indications◦ Third-party FTA commitments◦ Compound names
Enforcement◦ “Commercial scale”◦ “Willful” infringement◦ ACTA vs. TPP provisions
Internet service providers◦ 3 step test◦ Fair use exceptions◦ Retransmission
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