Full Trans-Pacific Partnership Text Released

Today, on 5th November 2015, New Zealand has released the text of the Trans-Pacific Partnership on behalf of the twelve member countries in its capacity as Depositary of the agreement.

The agreement will also be translated into French and Spanish language versions. Both steps, as well as the Government’s consideration of the final outcome from negotiations, will need to be completed before signature takes place.

Current status of the Agreement

TPP has not yet been signed or entered into force. Negotiations concluded on 5 October 2015.

 

Please follow the links for full text of TPP released today.

  1. Chapter Texts and Associated Annexes
  2. Market Access Offers and Country-Specific Annexes
  3. Side Instruments between Viet Nam and TPP countries

 

Text of the Trans-Pacific Partnership

The text of the Agreement was released by TPP Parties on 5 November 2015 and can be accessed by chapter below. The text will continue to undergo legal review and will be translated into French and Spanish language versions prior to signature.

Preamble [PDF, 21KB]

1. Initial Provisions and General Definitions [PDF, 61KB]

  • The Chapter includes the following Annex:
    • Annex 1-A: Party-Specific Definitions

2. National Treatment and Market Access for Goods [PDF, 520KB]

3. Rules of Origin and Origin Procedures [PDF, 155KB]

4. Textiles and Apparel [PDF, 70KB]

5. Customs Administration and Trade Facilitation [PDF, 59KB]

6. Trade Remedies [PDF, 52KB]

  • The Chapter includes the following Annex:
    • Annex 6-A: Practices Relating to Antidumping and Countervailing Duty Proceedings

7. Sanitary and Phytosanitary Measures [PDF, 92KB]

8. Technical Barriers to Trade [PDF, 198KB]

  • The Chapter includes the following Annexes:
    • Annex 8-A: Wine and Distilled Spirits
    • Annex 8-B: Information and Communications Technology Products
    • Annex 8-C: Pharmaceuticals
    • Annex 8-D: Cosmetics
    • Annex 8-E: Medical Devices
    • Annex 8-F: Proprietary Formulas for Pre-packaged Foods and Food Additives
    • Annex 8-G: Organic Products

9. Investment [PDF, 262KB]

  • This Chapter includes the following Annexes:
    • Annex 9-A: Customary International Law
    • Annex 9-B: Expropriation
    • Annex 9-C: Expropriation Relating to Land
    • Annex 9-D: Service of Documents on a Party Under Section B (Investor State Dispute Settlement)
    • Annex 9-E: Transfers
    • Annex 9-F: DL-600
    • Annex 9-G: Public Debt
    • Annex 9-H
    • Annex 9-I: Non-Conforming Measures Ratchet Mechanism
    • Annex 9-J: Submission of a Claim to Arbitration
    • Annex 9-K: Submission of Certain Claims for Three Years After Entry into Force
    • Annex 9-L: Investment Agreements
  • Drafters’ Note on Interpretation of In Like Circumstances [PDF, 43KB]
  •  See country-specific Annexes to the Agreement

10. Cross-Border Trade in Services [PDF, 126KB]

  • The Chapter includes the following Annexes:
    • Annex 10-A: Professional Services
    • Annex 10-B: Express Delivery Services
    • Annex 10-C: Non-Conforming Measures Ratchet Mechanism
  • See the country-specific Annexes to the Agreement

11. Financial Services [PDF, 251KB]

  • This Chapter includes the following Annexes:
    • Annex 11-A: Cross-Border Trade
    • Annex 11-B: Specific Commitments
    • Annex 11-C: Non-Conforming Measures Ratchet Mechanism
    • Annex 11-D: Authorities Responsible For Financial Services
    • Annex 11-E

See the country-specific Annexes to the Agreement

12. Temporary Entry for Business Persons [PDF, 43KB]

13. Telecommunications [PDF, 125KB]

  • This Chapter includes the following Annexes:
    • Annex 13-A: Rural Telephone Suppliers – United States
    • Annex 13-B: Rural Telephone Suppliers – Peru

14. Electronic Commerce [PDF, 60KB]

15. Government Procurement [PDF, 130KB]

16. Competition Policy [PDF, 44KB]

  • This Chapter includes the following Annex:
    • Annex 16-A: Application of Article 16.2, Article 16.3 and Article 16.4 to Brunei Darussalam

17. State-Owned Enterprises and Designated Monopolies [PDF, 221KB]

  • This Chapter includes the following Annexes:
    • Annex 17-A: Threshold Calculation
    • Annex 17-B: Process for Developing Information Concerning State-Owned Enterprises and Designated Monopolies
    • Annex 17-C: Further Negotiations
    • Annex 17-D: Application to Sub-Central State-Owned Enterprises
    • Annex 17-E: Singapore
    • Annex 17-F: Malaysia
    • Annex IV: Non-Conforming Activities
    • See country-specific Annexes to the Agreement

18. Intellectual Property [PDF, 411KB]

  • This Chapter includes the following Annexes:
    • Annex 18-A: Annex to Article 18.7.2 (International Agreements)
    • Annex 18-B: Annex to Article 18.50 (Protection of Undisclosed Test or Other Data) and Article 18.52 (Biologics)
    • Annex 18-C: Annex to Article 18.50 (Protection of Undisclosed Test or Other Data) and Article 18.52 (Biologics)
    • Annex 18-D: Annex to Article 18.46 (Patent Term Adjustments for Patent Office Delays), Article 18.48 (Patent Term Adjustment for Unreasonable Curtailment), Article 18.50 (Protection of Undisclosed Test or Other Data) and Article 18.52 (Biologics)
    • Annex 18-E: Annex to Section J (Internet Service Providers)
    • Annex 18-F: Annex to Section J (Internet Service Providers)

19. Labour [PDF, 73KB]

20. Environment [PDF, 170KB]

  • This Chapter includes the following Annexes:
    • Annex 20-A
    • Annex 20-B

21. Cooperation and Capacity Building [PDF, 27KB]

22. Competitiveness and Business Facilitation [PDF, 20KB]

23. Development [PDF, 33KB]

24. Small and Medium-Sized Enterprises [PDF, 21KB]

25. Regulatory Coherence [PDF, 39KB]

26. Transparency and Anti-Corruption [PDF, 88KB]

  • This Chapter includes the following Annex:
    • Annex 26-A Transparency and Procedural Fairness for Pharmaceutical Products and Medical Devices

27. Administrative and Institutional Provisions [PDF, 34KB]

28. Dispute Settlement [PDF, 105KB]

29. Exceptions and General Provisions [PDF, 62KB]

30. Final Provisions [PDF, 29KB]

 

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

 

Text of the Trans-Pacific Partnership – Annexes

The text of the Agreement was released by TPP Parties on 5 November 2015. The text will continue to undergo legal review and will be translated into French and Spanish language versions prior to signature.

Annex I – Cross-Border Trade in Services and Investment Non-Conforming Measures

Annex II – Cross-Border Trade in Services and Investment Non-Conforming Measures

Annex III – Financial Services Non-Conforming Measures

Annex IV – State-Owned Enterprises and Designated Monopolies Non-Conforming Measures

Side Instruments between Viet Nam and TPP countries

 
By Vietnam Law Insight

Disclaimer: This Briefing is for information purposes only. Its contents do not constitute legal advice and should not be regarded as detailed advice in individual cases. For more information, please contact us at info@LNTpartners.com

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