Title
Trans-Pacific Partnership Agreement
Preamble
The Parties to this Agreement, resolving to:
ESTABLISH a comprehensive regional agreement that promotes economic integration to liberalise trade and investment, bring economic growth and social benefits, create new opportunities for workers and businesses, contribute to raising living standards, benefit consumers, reduce poverty and promote sustainable growth;
STRENGTHEN the bonds of friendship and cooperation between them and their peoples;
BUILD on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization;
RECOGNISE the differences in their levels of development and diversity of economies;
STRENGTHEN the competitiveness of their businesses in global markets and enhance the competitiveness of their economies by promoting opportunities for businesses, including promoting the development and strengthening of regional supply chains;
SUPPORT the growth and development of micro, small and medium- sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by this Agreement;
ESTABLISH a predictable legal and commercial framework for trade and investment through mutually advantageous rules;
FACILITATE regional trade by promoting efficient and transparent customs procedures that reduce costs and ensure predictability for their importers and exporters;
RECOGNISE their inherent right to regulate and resolve to preserve the flexibility of the Parties to set legislative and regulatory priorities, safeguard public welfare, and protect legitimate public welfare objectives, such as public health, safety, the environment, the conservation of living or non-living exhaustible natural resources, the integrity and stability of the financial system and public morals;
RECOGNISE further their inherent right to adopt, maintain or modify health care systems;
AFFIRM that state-owned enterprises can play a legitimate role in the diverse economies of the Parties, while recognising that the provision of unfair advantages to state-owned enterprises undermines fair and open trade and investment, and resolve to establish rules for state-owned enterprises that promote a level playing field with privately owned businesses, transparency and sound business practices;
PROMOTE high levels of environmental protection, including through effective enforcement of environmental laws, and further the aims of sustainable development, including through mutually supportive trade and environmental policies and practices;
PROTECT and enforce labour rights, improve working conditions and living standards, strengthen cooperation and the Parties' capacity on labour issues;
PROMOTE transparency, good governance and the rule of law, and eliminate bribery and corruption in trade and investment;
RECOGNISE the important work that their relevant authorities are doing to strengthen macroeconomic cooperation, including on exchange rate issues, in appropriate fora;
RECOGNISE the importance of cultural identity and diversity among and within the Parties, and that trade and investment can expand opportunities to enrich cultural identity and diversity at home and abroad;
CONTRIBUTE to the harmonious development and expansion of world trade and provide a catalyst to broader regional and international cooperation;
ESTABLISH an Agreement to address future trade and investment challenges and opportunities, and contribute to advancing their respective priorities over time; and
EXPAND their partnership by encouraging the accession of other States or separate customs territories in order to further enhance regional economic integration and create the foundation of a Free Trade Area of the Asia Pacific,
HAVE AGREED as follows:
Body
Chapter 1. INITIAL PROVISIONS AND GENERAL DEFINITIONS
Section A. Initial Provisions
Article 1.1. Establishment of a Free Trade Area
The Parties, consistent with Article XXIV of GATT 1994 and Article V of GATS, hereby establish a free trade area in accordance with the provisions of this Agreement.
Article 1.2. Relation to other Agreements
1. Recognising the Parties'intention for this Agreement to coexist with their existing international agreements, each Party affirms:
(a) in relation to existing international agreements to which all Parties are party, including the WTO Agreement, its existing rights and obligations with respect to the other Parties; and
(b) in relation to existing international agreements to which that Party and at least one other Party are party, its existing rights and obligations with respect to that other Party or Parties, as the case may be.
2. If a Party considers that a provision of this Agreement is inconsistent with a provision of another agreement to which it and at least one other Party are party, on request, the relevant Parties to the other agreement shall consult with a view to reaching a mutually satisfactory solution. This paragraph is without prejudice to a Party's rights and obligations under Chapter 28 (Dispute Settlement). (1)
Section B. General Definitions
Article 1.3. General Definitions
For the purposes of this Agreement, unless otherwise provided in this Agreement:
AD Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, sct out in Annex 1A to the WTO Agreement;
Agreement means the Trans-Pacific Partnership Agreement; APEC means Asia-Pacific Economic Cooperation;
central level of government has for cach Party the meaning set out in Annex 1-A (Party-Specific Definitions);
Commission means the Trans-Pacific Partnership Commission established under Article 27.1 (Establishment of the Trans-Pacific Partnership Commission),
covered investment means, with respect to a Party, an investment in its territory of an investor of another Party in existence as of the date of entry into force of this Agreement for those Parties or established, acquired, or expanded thereafter;
customs administration means the competent authority that is responsible under the laws of a Party for the administration of customs laws, regulations and, where applicable, policies, and has for each Party the meaning set out in Annex 1-A (Party-Specific Definitions);
customs duty includes any duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in
connection with such importation, but does not include any:
(a) charge equivalent to an internal tax imposed consistently with Article I:2 of GATT 1994;
(b) fee or other charge in connection with the importation commensurate with the cost of services rendered; or
(c) antidumping or countervailing duty; Customs Valuation Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, sct out in Annex 1A to the WTO Agreement,
days means calendar days;
enterprise means any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association or similar organisation;
existing means in effect on the date of entry into force of this Agreement;
GATS means the General Agreement on Trade in Services, sct out in Annex 1B to the WTO Agreement,
GATT 1994 means the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement;
goods means any merchandise, product, article or material;
goods of a Party means domestic products as these are understood in GATT 1994 or such goods as the Parties may agree, and includes originating goods of a Party;
government procurement means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale;
Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes and Subheading Notes as adopted and implemented by the Parties in their respective laws;
heading means the first four digits in the tariff classification number under the Harmonized System;
measure includes any law, regulation, procedure, requirement or practice;
national means a "natural person who has the nationality of a Party" according to Annex 1-A (Party-Specific Definitions) or a permanent resident of a Party;
originating means qualifying as originating under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures) or Chapter 4 (Textile and Apparel Goods);
Party means any State or separate customs territory for which this Agreement is in force;
person means a natural person or an enterprise;
person of a Party means a national or an enterprise of a Party;
preferential tariff treatment means the customs duty rate applicable to an originating good, pursuant to each Party's Tariff Schedule set out in Annex 2-D (Tariff Commitments),
recovered material means a material in the form of one or more individual parts that results from:
(a) the disassembly of a used good into individual parts; and
(b) the cleaning, inspecting, testing or other processing of those parts as necessary for improvement to sound working condition;
remanufactured good means a good classified in HS Chapters 84 through 90 or under heading 94.02 except goods classified under HS headings 84.18, 85.09, 85.10, and 85.16, 87.03 or subheadings 8414.51, 8450.11, 8450.12, 8508.11, and 8517.11, that is entirely or partially composed of recovered materials and:
(a) has a similar life expectancy and performs the same as or similar to such a good when new; and
(b) has a factory warranty similar to that applicable to such a good when new;
regional level of government has for each Party the meaning set out in Annex 1- A (Party-Specific Definitions),
Safeguards Agreement means the Agreement on Safeguards, sct out in Annex 1A to the WTO Agreement,
sanitary or phytosanitary measure means any measure referred to in paragraph 1 of Annex A to the SPS Agreement;
SCM Agreement means the Agreement on Subsidies and Countervailing Measures, set out in Annex 1A to the WTO Agreement;
SME means a small and medium-sized enterprise, including a micro-sized enterprise;
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, sct out in Annex 1A to the WTO Agreement;
state enterprise means an enterprise that is owned, or controlled through ownership interests, by a Party;
subheading means the first six digits in the tariff classification number under the Harmonized System;
territory has for cach Party the meaning set out at Annex 1-A (Party-Specific Definitions);
textile or apparel good means a good listed in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin);
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement; (2)
WTO means the World Trade Organization; and
WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on April 15, 1994.
ANNEX 1-A. PARTY-SPECIFIC DEFINITIONS
Further to Article 1.3 (General Definitions), for the purposes of this Agreement, unless provided elsewhere in this Agreement:
central level of government means:
(a) for Australia, the Commonwealth Government;
(b) for Brunei Darussalam, the national level of government;
(c) for Canada, the Government of Canada;
(d) for Chile, the national level of government;
(e) for Japan, the Government of Japan,
(f) for Malaysia, the federal level of government;
(g) for Mexico, the federal level of government;
(h) for New Zealand, the national level of government;
(i) for Peru, the national level of government;
(j) for Singapore, the national level of government;
(k) for the United States, the federal level of government; and
(l) for Viet Nam, the national level of government;
customs administration means:
(a) for Australia, the Department of Immigration and Border Protection;
(b) for Brunei Darussalam, the Royal Customs and Excise Department;
(c) for Canada, the Canada Border Services Agency;
(d) for Chile, the National Customs Service of Chile (Servicio Nacional de Aduanas);
(e) for Japan, the Ministry of Finance;
(f) for Malaysia, the Royal Malaysian Customs Department,
(g) for Mexico, the Ministry of Finance and Public Credit (Secretaria de Hacienda y Crédito Público);
(h) for New Zealand, the New Zealand Customs Service;
(i) for Peru, the National Superintendence of Customs and Tax Administration (Superintendencia Nacional de Aduanas y de Administracion Tributaria),
(j) for Singapore, the Singapore Customs,
(k) for the United States, U.S. Customs and Border Protection; and, with respect to provisions that concern enforcement, information sharing and investigations, this also means U.S. Immigration and Customs Enforcement, as applicable; and
(l) for Viet Nam, the General Department of Viet Nam Customs, or any successor of such customs administration;
natural person who has the nationality of a Party means:
(a) for Australia, a natural person who is an Australian citizen as defined in the Australian Citizenship Act 2007, as amended from time to time, or any successor legislation;
(b) for Brunei Darussalam, a subject of His Majesty the Sultan and Yang Di-Pertuan in accordance with the laws of Brunei Darussalam;
(c) for Canada, a natural person who is a citizen of Canada under Canadian legislation;
(d) for Chile, a Chilean as defined in Article 10 of the Political Constitution of the Republic of Chile (Constitución Política de la Republica de Chile),
(e) for Japan, a natural person who has the nationality of Japan under its laws;
(f) for Malaysia, a natural person who is a citizen of Malaysia in accordance with its laws and regulations;
(g) for Mexico, a person who has the nationality of Mexico in accordance with its applicable laws;
(h) for New Zealand, a natural person who is a citizen as defined in the Citizenship Act 1977, as amended from time to time, or any successor legislation;
(i) for Peru, a natural person who has the nationality of Peru by birth, naturalisation or option in accordance with the Political Constitution of Peru (Constitución Política del Perú) and other relevant domestic legislation;
(j) for Singapore, a person who is a citizen of Singapore within the meaning of its Constitution and its domestic laws;
(k) for the United States, a "national of the United States" as defined in the Immigration and Nationality Act; and
(l) for Viet Nam, a natural person who is a citizen of Viet Nam within the meaning of its Constitution and its domestic laws;
regional level of government means:
(a) for Australia, a state of Australia, the Australian Capital Territory, or the Northern Territory;
(b) for Brunei Darussalam, the term regional level of government is not applicable;
(c) for Canada, a provincial or territorial government;
(d) for Chile, as a unitary Republic, the term regional level of government is not applicable;
(e) for Japan, the term regional level of government is not applicable;
(f) for Malaysia, a State of the Federation of Malaysia in accordance with the Federal Constitution of Malaysia;
(g) for Mexico, a state of the United Mexican States;
(h) for New Zealand, the term regional level of government is not applicable;
(i) for Peru, regional government in accordance with the Political Constitution of Peru (Constitución Política del Perú) and other applicable legislation;
(j) for Singapore, the term regional level of government is not applicable;
(k) for the United States, a state of the United States, the District of Columbia, or Puerto Rico; and
(l) for Viet Nam, the term regional level of government is not applicable; and
territory means:
(a) for Australia, the territory of Australia:
(i) excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory; and
(ii) including Australia's air space, territorial sea, contiguous zone, exclusive economic zone and continental shelf over which Australia exercises sovereign rights or jurisdiction in accordance with international law;
(b) for Brunei Darussalam, the land territory, internal waters and territorial sea of Brunei Darussalam, extending to the air space above its territorial sea, as well as to its sea-bed and subsoil over which it exercises sovereignty, and the maritime area beyond its territorial sea, which has been or may hereafter be designated under the laws of Brunei Darussalam in accordance with international law as an area over which Brunei Darussalam exercises sovereign rights and jurisdiction with respect to the seabed, the subsoil and superjacent waters to the seabed and subsoil as well as the natural resources;
(c) for Canada:
(i) the land territory, air space, internal waters and territorial seas of Canada;
(ii) the exclusive economic zone of Canada, as determined by its domestic law, consistent with Part V of the United Nations Convention on the Law of the Sea done at Montego Bay on December 10, 1982 (UNCLOS); and
(iii) the continental shelf of Canada, as determined by its domestic law, consistent with Part VI of UNCLOS;
(d) for Chile, the land, maritime, and air space under its sovercignty, and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law;