Trans-Pacific Partnership (TPP) (2016)
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(b) reinsurance and retrocession; and

(c) services auxiliary to insurance, such as consultancy, risk assessment, actuarial and claim settlement services.

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply only with respect to:

(a) provision and transfer of financial information; and

(b) provision and transfer of financial data processing and related software relating to banking and other financial services, as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions).

Canada (15)

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph

(a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) maritime transport and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability deriving therefrom; and

(ii) goods in international transit;

(b) reinsurance and retrocession;

(c) services auxiliary to insurance, as described in subparagraph (d) of the definition of "financial service" in Article 11.1 (Definitions); and

(d) insurance intermediation, such as brokerage and agency, as referred to in subparagraph (c) of the definition of "financial service" in Article 11.1 (Definitions), of insurance of risks related to services listed in subparagraphs (a) and (b) of this paragraph.

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Cross-Border Trade), with respect to:

(a) provision and transfer of financial information, and financial data processing, as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions); and

(b) advisory and other auxiliary financial services, and credit reference and analysis, excluding intermediation, relating to banking and other financial services, as referred to in subparagraph (p) of the definition of "financial service" in Article 11.1 (Definitions).

(15) For greater certainty, Canada requires that a cross-border financial services supplier maintain a local agent and records in Canada.

Chile

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) international maritime shipping and international commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability deriving there from; and

(ii) goods in international transit;

(b) brokerage of insurance of risks relating to subparagraphs (a)(i) and (a)(ii); and

(c) reinsurance and retrocession; reinsurance brokerage; and consultancy, actuarial and risk assessment services.

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply with respect to:

(a) provision and transfer of financial information, as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions);

(b) financial data processing, as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions), subject to prior authorisation from the relevant regulator, as required; (16) and

advisory and other auxiliary financial services, excluding intermediation and credit reference and analysis, relating to banking and other financial services, as referred to in subparagraph (p) of the definition of "financial service" in Article 11.1 (Definitions).

3. It is understood that a Party's commitments on cross-border investment advisory services shall not, in and of themselves, be construed to require the Party to permit the public offering of securities (as defined under its relevant law) in the territory of the Party by cross-border suppliers of the other Party who supply or seek to supply such investment advisory services. A Party may subject the cross-border suppliers of investment advisory services to regulatory and registration requirements.

(16) The Parties understand that if the financial information or financial data processing referred to in subparagraphs (a) and (b) involve personal data, the treatment of such personal data shall be in accordance with Chilean law regulating the protection of such data.

Japan

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising therefrom; and

(ii) goods in international transit;

(b) reinsurance, retrocession, and services auxiliary to insurance as referred to in subparagraph (d) of the definition of "financial service" in Article 11.1 (Definitions); and

(c) insurance intermediation, such as brokerage and agency, as referred to in subparagraph (c) of the definition of "financial service" in Article 11.1 (Definitions), of insurance of risks related to services listed in subparagraphs (a) and (b) of this paragraph. (17)

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) securities-related transactions with financial institutions and other entities in Japan as prescribed by the relevant laws and regulations of Japan;

(b) sales of a beneficiary certificate of an investment trust and an investment security, through securities firms in Japan; (18)

(c) provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (0) of the definition of "financial service" in Article 11.1 (Definitions); and

(d) advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services, as referred to in subparagraph (p) of the definition of "financial service" in Article 11.1 (Definitions).

(17) Insurance intermediation services may be supplied only for insurance contracts allowed to be supplied in Japan.
(18) Solicitation must be conducted by securities firms in Japan.

Malaysia Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising therefrom; and

(ii) goods in international transit; and

(b) reinsurance and retrocession; services auxiliary to insurance comprising consultancy services, actuarial, risk assessment, risk management and maritime loss adjusting; and brokerage services for risks relating to subparagraph (a) of this paragraph.

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to the provision and transfer of financial information and financial data processing and related software, as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions).

3. The commitment made by Malaysia under paragraph 2 does not extend to the supply of electronic payment services for payment card transactions. (19)

(19) For greater certainty, the electronic payment services for payment card transactions referred to in this commitment fall within subcategory 71593 of the United Nations Central Product Classification, Version 2.0, and include only the processing of financial transactions such as verification of financial balances, authorisation of transactions, notification of banks (or credit card issuers) of individual transactions and the provision of daily summaries and instructions regarding the net financial position of relevant institutions for authorised transactions.

Mexico

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising therefrom; and

(ii) goods in international transit;

(b) reinsurance and retrocession;

(c) consultancy, actuarial services and risk assessment in connection with subparagraphs (a) and (b); and

(d) brokerage of insurance of risks relating to subparagraphs (a) and (b).

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply only with respect to:

(a) provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions), subject to prior authorisation from the relevant regulator, as required; (20) and

(b) advisory and other auxiliary financial services, (21) excluding intermediation, and credit reference and analysis, relating to banking and other financial services as referred to in subparagraph (p) of the definition of "financial service" in Article 11.1 (Definitions).

(20) The Parties understand that if the financial information or financial data processing referred to in subparagraphs (a) and (b) involve personal data, the treatment of such personal data shall be in accordance with Mexican law regulating the protection of such data.
(21) The Parties understand that advisory and other auxiliary financial services do not include those services referred to in subparagraphs (e) through (0) of the definition of "financial service" in Article 11.1 (Definitions).

New Zealand

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising therefrom; and

(ii) goods in international transit;

(b) reinsurance and retrocession, as referred to in subparagraph (b) of the definition of "financial service" in Article 11.1 (Definitions);

(c) services auxiliary to insurance, as referred to in subparagraph (d) of the definition of "financial service" in Article 11.1 (Definitions); and

(d) insurance intermediation, such as brokerage and agency, as referred to in subparagraph (c) of the definition of "financial service" in Article 11.1 (Definitions), of insurance risks relating to services listed in subparagraphs (a) and (b) of this paragraph.

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) provision and transfer of financial information and financial data processing and related software, as referred to in subparagraph (0) of the definition of "financial service" in Article 11.1 (Definitions); and

(b) advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services, as referred to in subparagraph (p) of the definition of "financial service" in Article 11.1 (Definitions).

Peru (22)

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks related to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising there from; and

(ii) goods in international transit;

(b) reinsurance and retrocession;

(c) consultancy, actuarial, risk assessment and claim settlement services; and

(d) insurance intermediation, such as brokerage and agency, as referred to in subparagraph (c) of the definition of "financial service" in Article 11.1 (Definitions), of insurance of risks relating to services listed in subparagraphs (a) and (b) in this paragraph.

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply only with respect to the provision and transfer of financial information, and financial data processing and related software as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions), subject to prior authorisation from the relevant regulator, as required, and advisory and other auxiliary financial services (24), excluding intermediation, relating to banking and other financial services as referred to in subparagraph (p) of the definition of "financial service" in Article 11.1 (Definitions).(25)

(22) Peru reserves the right to apply this Annex under conditions of reciprocity.
(23) The Parties understand that, if the financial information or financial data processing referred to in paragraph 2 of this Annex involves personal data, the treatment of such personal data shall be in accordance with Peru’s law regulating the protection of such data and Section B of Annex 11-B (Specific Commitments).
(24) The Parties understand that advisory and other auxiliary financial services do not include those services referred to in subparagraphs (e) through (o) of the definition of "€œfinancial service"€ in Article 11.1 (Definitions).
(25) The Parties understand that a trading platform, whether electronic or physical, does not fall within the range of services specified in this paragraph.

Singapore

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of "MAT" risks relating to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising there from; and

(ii) goods in international transit;

(b) reinsurance and retrocession;

(c) services auxiliary to insurance comprising actuarial, loss adjustors, average adjustors and consultancy services;

(d) reinsurance intermediation by brokerages; and

(e) MAT intermediation by brokerages. Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) provision and transfer of financial information, as described in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions); and

(b) financial data processing and related software, as described in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions), subject to prior authorisation from the relevant regulator, as required.(26)

(26) For greater certainty, if the financial information or financial data processing referred to in subparagraphs (a) and (b) pertain to outsourcing arrangements or involves personal data, the outsourcing arrangements and treatment of personal data shall be in accordance with the Monetary Authority of Singapore’s regulatory requirements and guidelines on outsourcing and Singapore’s law regulating the protection of such data, respectively. These regulatory requirements and guidelines shall not derogate from the commitments undertaken by Singapore in paragraph 2 and Section B of Annex 11-B (Specific Commitments).

United States

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising therefrom; and

(ii) goods in international transit; and

(b) reinsurance and retrocession; services auxiliary to insurance, as referred to in subparagraph (d) of the definition of "financial service" in Article 11.1 (Definitions); and insurance intermediation, such as brokerage and agency, as referred to in subparagraph (c) of the definition of "financial service" in Article 11.1 (Definitions).

2. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (c) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to insurance services.

Banking and other financial services (excluding insurance)

3. Article 11.6.1 shall apply only with respect to:

(a) provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions); and

(b) advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services, as referred to in subparagraph (p) of the definition of "financial service" in Article 11.1 (Definitions).

Viet Nam

Insurance and insurance-related services

1. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) international maritime shipping and international commercial aviation with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising therefrom; and

(ii) goods in international transit;

(b) reinsurance and retrocession; and

(c) brokerage services, and services auxiliary to insurance, as referred to in subparagraph (d) of the definition of "financial service" in Article 11.1 (Definitions).

Banking and other financial services (excluding insurance)

2. Article 11.6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border supply of financial services" in Article 11.1 (Definitions), with respect to:

(a) provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (o) of the definition of "financial service" in Article 11.1 (Definitions), subject to prior authorisation from the relevant regulator, as required; (27) and

(b) advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services, as referred to in subparagraph (p) of the definition of financial service" in Article 11.1 (Definitions), to the extent that such services are permitted in the future by Viet Nam.

(27) The Parties understand that if the financial information or financial data processing referred to in subparagraph (a) involve personal data, the treatment of such personal data shall be in accordance with Vietnamese laws regulating the protection of such data.

ANNEX 11-B . SPECIFIC COMMITMENTS

Section A . Portfolio Management

1. A Party shall allow a financial institution organised in the territory of another Party to provide the following services to a collective investment scheme located in its territory: (28)

(a) investment advice; and

(b) portfolio management services, excluding:

(i) trustee services; and

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Section   B General Definitions 1
  • Article   1.3 General Definitions 1
  • ANNEX 1-A  PARTY-SPECIFIC DEFINITIONS 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 2
  • Section   A Definitions and Scope 2
  • Article   2.1 Definitions 2
  • Article   2.2 Scope 2
  • Section   B National Treatment and Market Access for Goods 2
  • Article   2.3 National Treatment 2
  • Article   2.4 Elimination of Customs Duties 2
  • Article   2.5 Waiver of Customs Duties 2
  • Article   2.6 Goods Re-entered after Repair and Alteration 2
  • Article   2.7 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Material 2
  • Article   2.8 Temporary Admission of Goods 2
  • Article   2.9 Ad Hoc Discussions 2
  • Article   2.10 Import and Export Restrictions 2
  • Article   2.11 Remanufactured Goods 2
  • Article   2.12 Import Licensing 2
  • Article   2.13 Transparency In Export Licensing Procedures  (7) 3
  • Article   2.14 Administrative Fees and Formalities 3
  • Article   2.15 Export Duties, Taxes or other Charges 3
  • Article   2.16 Publication 3
  • Article   2.17 Trade In Information Technology Products 3
  • Article   2.18 Committee on Trade In Goods 3
  • Section   C Agriculture 3
  • Article   2.19 Definitions 3
  • Article   2.20 Scope 3
  • Article   2.21 Agricultural Export Subsidies 3
  • Article   2.22 Export Credits, Export Credit Guarantees or Insurance Programmes 3
  • Article   2.23 Agricultural Export State Trading Enterprises 3
  • Article   2.24 Export Restrictions - Food Security 3
  • Article   2.25 Committee on Agricultural Trade 3
  • Article   2.26 Agricultural Safeguards 3
  • Article   2.27 Trade of Products of Modern Biotechnology 3
  • Section   D Tariff-Rate Quota Administration 4
  • Article   2.28 Scope and General Provisions 4
  • Article   2.29 Administration and Eligibility 4
  • Article   2.30 Allocation  (18) 4
  • Article   2.31 Return and Reallocation of TRQs 4
  • Article   2.32 Transparency 4
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 4
  • Section   A Rules of Origin 4
  • Article   3.1 Definitions 4
  • Article   3.2 Originating Goods 4
  • Article   3.3 Wholly Obtained or Produced Goods 4
  • Article   3.4 Treatment of Recovered Materials Used In Production of a Remanufactured Good 4
  • Article   3.5 Regional Value Content 4
  • Article   3.6 Materials Used In Production 4
  • Article   3.7 Value of Materials Used In Production 4
  • Article   3.8 Further Adjustments to the Value of Materials 4
  • Article   3.9 Net Cost 4
  • Article   3.10 Accumulation 5
  • Article   3.11 De Minimis 5
  • Article   3.12 Fungible Goods or Materials 5
  • Article   3.13 Accessories, Spare Parts, Tools and Instructional or other Information Materials 5
  • Article   3.14 Packaging Materials and Containers for Retail Sale 5
  • Article   3.15 Packing Materials and Containers for Shipment 5
  • Article   3.16 Indirect Materials 5
  • Article   3.17 Sets of Goods 5
  • Article   3.18 Transit and Transhipment 5
  • Section   B Origin Procedures 5
  • Article   3.19 Application of Origin Procedures 5
  • Article   3.20 Claims for Preferential Treatment 5
  • Article   3.21 Basis of a Certification of Origin 5
  • Article   3.22 Discrepancies 5
  • Article   3.23 Waiver of Certification of Origin 5
  • Article   3.24 Obligations Relating to Importation 5
  • Article   3.25 Obligations Relating to Exportation 5
  • Article   3.26 Record Keeping Requirements 5
  • Article   3.27 Verification of Origin 5
  • Article   3.28 Determinations on Claims for Preferential Tariff Treatment 6
  • Article   3.29 Refunds and Claims for Preferential Tariff Treatment after Importation 6
  • Article   3.30 Penalties 6
  • Article   3.31 Confidentiality 6
  • Section   C Other Matters 6
  • Article   3.32 Committee on Rules of Origin and Origin Procedures 6
  • Chapter   4 TEXTILE AND APPAREL GOODS 6
  • Article   4.1 Definitions 6
  • Article   4.2 Rules of Origin and Related Matters 6
  • Article   4.3 Emergency Actions 6
  • Article   4.4 Cooperation 6
  • Article   4.5 Monitoring 6
  • Article   4.6 Verification 6
  • Article   4.7 Determinations 6
  • Article   4.8 Committee on Textile and Apparel Trade Matters 7
  • Article   4.9 Confidentiality 7
  • Chapter   5 CUSTOMS ADMINISTRATION AND TRADE FACILITATION 7
  • Article   5.1 Customs Procedures and Facilitation of Trade 7
  • Article   5.2 Customs Cooperation 7
  • Article   5.3 Advance Rulings 7
  • Article   5.4 Response to Requests for Advice or Information 7
  • Article   5.5 Review and Appeal 7
  • Article   5.6 Automation 7
  • Article   5.7 Express Shipments 7
  • Article   5.8 Penalties 7
  • Article   5.9 Risk Management 7
  • Article   5.10 Release of Goods 7
  • Article   5.11 Publication 7
  • Article   5.12 Confidentiality 7
  • Chapter   6 TRADE REMEDIES 7
  • Section   A Safeguard Measures 7
  • Article   6.1 Definitions 7
  • Article   6.2 Global Safeguards 7
  • Article   6.3 Imposition of a Transitional Safeguard Measure 8
  • Article   6.4 Standards for a Transitional Safeguard Measure 8
  • Article   6.5 Investigation Procedures and Transparency Requirements 8
  • Article   6.6 Notification and Consultation 8
  • Article   6.7 Compensation 8
  • Section   B Antidumping and Countervailing Duties 8
  • Article   6.8 Antidumping and Countervailing Duties 8
  • Chapter   7 SANITARY AND PHYTOSANITARY MEASURES 8
  • Article   7.1 Definitions 8
  • Article   7.2 Objectives 8
  • Article   7.3 Scope 8
  • Article   7.4 General Provisions 8
  • Article   7.5 Committee on Sanitary and Phytosanitary Measures 8
  • Article   7.6 Competent Authorities and Contact Points 8
  • Article   7.7 Adaptation to Regional Conditions, Including Pest- or Disease- Free Areas and Areas of Low Pest or Disease Prevalence 8
  • Article   7.8 Equivalence 8
  • Article   7.9 Science and Risk Analysis 8
  • Article   7.10 Audits  (6) 8
  • Article   7.11 Import Checks 8
  • Article   7.12 Certification 9
  • Article   7.13 Transparency  (10) 9
  • Article   7.14 Emergency Measures 9
  • Article   7.15 Cooperation 9
  • Article   7.16 Information Exchange 9
  • Article   7.17 Cooperative Technical Consultations 9
  • Article   7.18 Dispute Settlement 9
  • Chapter   8 TECHNICAL BARRIERS TO TRADE 9
  • Article   8.1 Definitions 9
  • Article   8.2 Objective 9
  • Article   8.3 Scope 9
  • Article   8.4 Incorporation of Certain Provisions of the TBT Agreement 9
  • Article   8.5 International Standards, Guides and Recommendations 9
  • Article   8.6 Conformity Assessment 9
  • Article   8.7 Transparency 9
  • Article   8.8 Compliance Period for Technical Regulations and Conformity Assessment Procedures 10
  • Article   8.9 Cooperation and Trade Facilitation 10
  • Article   8.10 Information Exchange and Technical Discussions 10
  • Article   8.11 Committee on Technical Barriers to Trade 10
  • Article   8.12 Contact Points 10
  • Article   8.13 Annexes 10
  • ANNEX 8-B  INFORMATION AND COMMUNICATIONS TECHNOLOGY PRODUCTS 10
  • Section   A Information and Communication Technology (ICT) Products That Use Cryptography 10
  • Section   B Electromagnetic Compatibility of Information Technology Equipment (ITE) Products 10
  • Section   C Regional Cooperation Activities on Telecommunications Equipment 10
  • Chapter   9 INVESTMENT 10
  • Section   9.1 Definitions 10
  • Article   9.2 Scope 11
  • Article   9.3 Relation to other Chapters 11
  • Article   9.4 National Treatment  (14) 11
  • Article   9.5 Most-Favoured-Nation Treatment 11
  • Article   9.6 Minimum Standard of Treatment  (15) 11
  • Article   9.7 Treatment In Case of Armed Conflict or Civil Strife 11
  • Article   9.8 Expropriation and Compensation  (16) 11
  • Article   9.9 Transfers  (20) 11
  • Article   9.10 Performance Requirements 11
  • Article   9.11 Senior Management and Boards of Directors 11
  • Article   9.12 Non-Conforming Measures 11
  • Article   9.13 Subrogation 12
  • Article   9.14 Special Formalities and Information Requirements 12
  • Article   9.15 Denial of Benefits 12
  • Article   9.16 Investment and Environmental, Health and other Regulatory Objectives 12
  • Article   9.17 Corporate Social Responsibility 12
  • Section   B Investor-State Dispute Settlement 12
  • Article   9.18 Consultation and Negotiation 12
  • Article   9.19 Submission of a Claim to Arbitration 12
  • Article   9.20 Consent of Each Party to Arbitration 12
  • Article   9.21 Conditions and Limitations on Consent of Each Party 12
  • Article   9.22 Selection of Arbitrators 12
  • Article   9.23 Conduct of the Arbitration 12
  • Article   9.24 Transparency of Arbitral Proceedings 12
  • Article   9.25 Governing Law 12
  • Article   9.26 Interpretation of Annexes 12
  • Article   9.27 Expert Reports 12
  • Article   9.28 Consolidation 12
  • Article   9.29 Awards 13
  • Article   9.30 Service of Documents 13
  • ANNEX 9-A  CUSTOMARY INTERNATIONAL LAW 13
  • ANNEX 9-B  EXPROPRIATION 13
  • ANNEX 9-C  EXPROPRIATION RELATING TO LAND 13
  • ANNEX 9-D  SERVICE OF DOCUMENTS ON A PARTY UNDER SECTION B (INVESTOR-STATE DISPUTE SETTLEMENT) 13
  • ANNEX 9-E  TRANSFERS  (40) 13
  • ANNEX 9-F  DL 600. Chile 13
  • ANNEX 9-G  PUBLIC DEBT 13
  • ANNEX 9-H  14
  • ANNEX 9-I  NON-CONFORMING MEASURES RATCHET MECHANISM 14
  • ANNEX 9-J  SUBMISSION OF A CLAIM TO ARBITRATION 14
  • ANNEX 9-K  SUBMISSION OF CERTAIN CLAIMS FOR THREE YEARS AFTER ENTRY INTO FORCE 14
  • ANNEX 9-L  INVESTMENT AGREEMENTS 14
  • Chapter   10 CROSS-BORDER TRADE IN SERVICES 14
  • Article   10.1 Definitions 14
  • Article   10.2 Scope 14
  • Article   10.3 National Treatment  (2) 14
  • Article   10.4 Most-Favoured-Nation Treatment 14
  • Article   10.5 Market Access 14
  • Article   10.6 Local Presence 14
  • Article   10.7 Non-Conforming Measures 14
  • Article   10.8 Domestic Regulation 14
  • Article   10.9 Recognition 15
  • Article   10.10 Denial of Benefits 15
  • Article   10.11 Transparency 15
  • Article   10.12 Payments and Transfers  (9) 15
  • Article   10.13 Other Matters 15
  • ANNEX 10-A   PROFESSIONAL SERVICES 15
  • Chapter   11 FINANCIAL SERVICES 15
  • Article   11.1 Definitions 15
  • Article   11.2 Scope 15
  • Article   11.3 National Treatment  (5) 15
  • Article   11.4 Most-Favoured-Nation Treatment 16
  • Article   11.5 Market Access for Financial Institutions 16
  • Article   11.6 Cross-Border Trade 16
  • Article   11.7 New Financial Services  (7) 16
  • Article   11.8 Treatment of Certain Information 16
  • Article   11.9 Senior Management and Boards of Directors 16
  • Article   11.10 Non-Conforming Measures 16
  • Article   11.11 Exceptions 16
  • Article   11.12 Recognition 16
  • Article   11.13 Transparency and Administration of Certain Measures 16
  • Article   11.14 Self-Regulatory Organisations 16
  • Article   11.15 Payment and Clearing Systems 16
  • Article   11.16 Expedited Availability of Insurance Services 16
  • Article   11.17 Performance of Back-Office Functions 16
  • Article   11.18 Specific Commitments 16
  • Article   11.19 Committee on Financial Services 16
  • Article   11.20 Consultations 16
  • Article   11.21 Dispute Settlement 16
  • Article   11.22 Investment Disputes In Financial Services 16
  • ANNEX 11-A   CROSS-BORDER TRADE 16
  • ANNEX 11-B   SPECIFIC COMMITMENTS 17
  • Section   A Portfolio Management 17
  • Section   B Transfer of Information 18
  • Section   C Supply of Insurance by Postal Insurance Entities 18
  • Section   D Electronic Payment Card Services 18
  • Section   E Transparency Considerations 18
  • ANNEX 11-C   NON-CONFORMING MEASURES RATCHET MECHANISM 18
  • ANNEX  11-D   AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES 18
  • ANNEX 11-E   18
  • Chapter   12 TEMPORARY ENTRY FOR BUSINESS PERSONS 18
  • Article   12.1 Definitions 18
  • Article   12.2 Scope 19
  • Article   12.3 Application Procedures 19
  • Article   12.4 Grant of Temporary Entry 19
  • Article   12.5 Business Travel 19
  • Article   12.6 Provision of Information 19
  • Article   12.7 Committee on Temporary Entry for Business Persons 19
  • Article   12.8 Cooperation 19
  • Article   12.9 Relation to other Chapters 19
  • Article   12.10 Dispute Settlement 19
  • Chapter   13 TELECOMMUNICATIONS 19
  • Article   13.1 Definitions 19
  • Article   13.2 Scope  19
  • Article   13.3 Approaches to Regulation 19
  • Article   13.4 Access to and Use of Public Telecommunications Services  (3) 19
  • Article   13.5 Obligations Relating to Suppliers of Public Telecommunications Services 19
  • Article   13.6 International Mobile Roaming 19
  • Article   13.7 Treatment by Major Suppliers of Public Telecommunications Services 20
  • Article   13.8 Competitive Safeguards 20
  • Article   13.9 Resale 20
  • Article   13.10 Unbundling of Network Elements by Major Suppliers 20
  • Article   13.11 Interconnection with Major Suppliers General Terms and Conditions 20
  • Article   13.12 Provisioning and Pricing of Leased Circuits Services by Major Suppliers 20
  • Article   13.13 Co-Location by Major Suppliers 20
  • Article   13.14 Access to Poles, Ducts, Conduits and Rights-of-way Owned or Controlled by Major Suppliers  (15) 20
  • Article   13.15 International Submarine Cable Systems  (16) (17) 20
  • Article   13.16 Independent Regulatory Bodies and Government Ownership 20
  • Article   13.17 Universal Service 20
  • Article   13.18 Licensing Process 20
  • Article   13.19 Allocation and Use of Scarce Resources 20
  • Article   13.20 Enforcement 20
  • Article   13.21 Resolution of Telecommunications Disputes 20
  • Article   13.22 Transparency 20
  • Article   13.23 Flexibility In the Choice of Technology 20
  • Article   13.24 Relation to other Chapters 20
  • Article   13.25 Relation to International Organisations 20
  • Article   13.26 Committee on Telecommunications 20
  • Chapter   14 ELECTRONIC COMMERCE 20
  • Article   14.1 Definitions 20
  • Article   14.2 Scope and General Provisions 21
  • Article   14.3 Customs Duties 21
  • Article   14.4 Non-Discriminatory Treatment of Digital Products 21
  • Article   14.5 Domestic Electronic Transactions Framework 21
  • Article   14.6 Electronic Authentication and Electronic Signatures 21
  • Article   14.7 Online Consumer Protection 21
  • Article   14.8 Personal Information Protection  (5) 21
  • Article   14.9 Paperless Trading     21
  • Article   14.10 Principles on Access to and Use of the Internet for Electronic Commerce 21
  • Article   14.11 Cross-Border Transfer of Information by Electronic Means 21
  • Article   14.12 Internet Interconnection Charge Sharing 21
  • Article   14.13 Location of Computing Facilities 21
  • Article   14.14 Unsolicited Commercial Electronic Messages  (8) 21
  • Article   14.15 Cooperation 21
  • Article   14.16 Cooperation on Cybersecurity Matters  21
  • Article   14.17 Source Code 21
  • Article   14.18 Dispute Settlement 21
  • Chapter   15 GOVERNMENT PROCUREMENT 21
  • Article   15.1 Definitions    21
  • Article   15.2 Scope Application of Chapter 21
  • Article   15.3 Exceptions 22
  • Article   15.4 General Principles 22
  • Article   15.5 Transitional Measures 22
  • Article   15.6 Publication of Procurement Information 22
  • Article   15.7 Notices of Intended Procurement 22
  • Article   15.8 Conditions for Participation 22
  • Article   15.9 Qualification of Suppliers 22
  • Article   15.10 Limited Tendering 22
  • Article   15.11 Negotiations 23
  • Article   15.12 Technical Specifications 23
  • Article   15.13 Tender Documentation 23
  • Article   15.14 Time Periods General 23
  • Article   15.15 Treatment of Tenders and Awarding of Contracts 23
  • Article   15.16 Post-Award Information 23
  • Article   15.17 Disclosure of Information 23
  • Article   15.18 Ensuring Integrity In Procurement Practices 23
  • Article   15.19 Domestic Review 23
  • Article   15.20 Modifications and Rectifications of Annex 23
  • Article   15.21 Facilitation of Participation by SMEs 23
  • Article   15.22 Cooperation 23
  • Article   15.23 Committee on Government Procurement 23
  • Article   15.24 Further Negotiations 24
  • Chapter   16 COMPETITION POLICY 24
  • Article   16.1 Competition Law and Authorities and Anticompetitive Business Conduct  (1) 24
  • Article   16.2 Procedural Fairness In Competition Law Enforcement  (3) 24
  • Article   16.3 Private Rights of Action  (6) 24
  • Article   16.4 Cooperation 24
  • Article   16.5 Technical Cooperation 24
  • Article   16.6 Consumer Protection 24
  • Article   16.7 Transparency 24
  • Article   16.8 Consultations 24
  • Article   16.9 Non-Application of Dispute Settlement 24
  • ANNEX 16-A   APPLICATION OF ARTICLE 16.2 (PROCEDURAL FAIRNESS IN COMPETITION LAW ENFORCEMENT), ARTICLE 16.3 (PRIVATE RIGHTS OF ACTION) AND ARTICLE 16.4 (COOPERATION) TO BRUNEI DARUSSALAM 24
  • Chapter   17 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 24
  • Article   17.1 Definitions 24
  • Article   17.2 Scope  (8) 24
  • Article   17.3 Delegated Authority 25
  • Article   17.4 Non-discriminatory Treatment and Commercial Considerations 25
  • Article   17.5 Courts and Administrative Bodies 25
  • Article   17.6 Non-commercial Assistance 25
  • Article   17.7 Adverse Effects 25
  • Article   17.8 Injury 25
  • Article   17.9 Party-Specific Annexes 25
  • Article   17.10 Transparency (26) (27) 25
  • Article   17.11 Technical Cooperation 25
  • Article   17.12 Committee on State-Owned Enterprises and Designated 25
  • Article   17.13 Exceptions 25
  • Article   17.14 Further Negotiations 26
  • Article   17.15 Process for Developing Information 26
  • Chapter   18 INTELLECTUAL PROPERTY 26
  • Section   A General Provisions 26
  • Article   18.1 Definitions 26
  • Article   18.2 Objectives 26
  • Article   18.3 Principles 26
  • Article   18.4 Understandings In Respect of this Chapter 26
  • Article   18.5 Nature and Scope of Obligations 26
  • Article   18.6 Understandings Regarding Certain Public Health Measures 26
  • Article   18.7 International Agreements 26
  • Article   18.8 National Treatment 26
  • Article   18.9 Transparency 26
  • Article   18.10 Application of Chapter to Existing Subject Matter and Prior Acts 26
  • Article   18.11 Exhaustion of Intellectual Property Rights 26
  • Section   B Cooperation 26
  • Article   18.12 Contact Points for Cooperation 26
  • Article   18.13 Cooperation Activities and Initiatives 26
  • Article   18.14 Patent Cooperation and Work Sharing 26
  • Article   18.15 Public Domain 26
  • Article   18.16 Cooperation In the Area of Traditional Knowledge 26
  • Article   18.17 Cooperation on Request Cooperation 26
  • Section   C Trademarks 26
  • Article   18.18 Types of Signs Registrable as Trademarks 26
  • Article   18.19 Collective and Certification Marks 26
  • Article   18.20 Use of Identical or Similar Signs 26
  • Article   18.21 Exceptions 26
  • Article   18.22 Well-Known Trademarks 26
  • Article   18.23 Procedural Aspects of Examination, Opposition and Cancellation 26
  • Article   18.24 Electronic Trademarks System Each Party Shall Provide: 27
  • Article   18.25 Classification of Goods and Services 27
  • Article   18.26 Term of Protection for Trademarks 27
  • Article   18.27 Non-Recordal of a Licence 27
  • Article   18.28 Domain Names 27
  • Section   D Country Names 27
  • Article   18.29 Country Names 27
  • Section   E Geographical Indications 27
  • Article   18.30 Recognition of Geographical Indications 27
  • Article   18.31 Administrative Procedures for the Protection or Recognition of Geographical Indications 27
  • Article   18.32 Grounds of Opposition and Cancellation  (20) 27
  • Article   18.33 Guidelines for Determining Whether a Term Is the Term Customary In the Common Language 27
  • Article   18.34 Multi-Component Terms 27
  • Article   18.35 Date of Protection of a Geographical Indication 27
  • Article   18.36 International Agreements 27
  • Section   F Patents and Undisclosed Test or other Data 27
  • Subsection   A General Patents 27
  • Article   18.37 Patentable Subject Matter 27
  • Article   18.38 Grace Period 27
  • Article   18.39 Patent Revocation 27
  • Article   18.40 Exceptions 27
  • Article   18.41 Other Use without Authorisation of the Right Holder 27
  • Article   18.42 Patent Filing 27
  • Article   18.43 Amendments, Corrections and Observations 27
  • Article   18.44 Publication of Patent Applications 27
  • Article   18.45 Information Relating to Published Patent Applications and Granted Patents 27
  • Article   18.46 Patent Term Adjustment for Unreasonable Granting Authority Delays 27
  • Subsection   B Measures Relating to Agricultural Chemical Products 27
  • Article   18.47 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 27
  • Subsection   C Measures Relating to Pharmaceutical Products 27
  • Article   18.48 Patent Term Adjustment for Unreasonable Curtailment 27
  • Article   18.49 Regulatory Review Exception 28
  • Article   18.50 Protection of Undisclosed Test or other Data  (50) 28
  • Article   18.51 Biologics (58) 28
  • Article   18.52 Definition of New Pharmaceutical Product 28
  • Article   18.53 Measures Relating to the Marketing of Certain Pharmaceutical Products 28
  • Article   18.54 Alteration of Period of Protection 28
  • Section   G Industrial Designs 28
  • Article   18.55 Protection 28
  • Article   18.56 Improving Industrial Design Systems 28
  • Section   H Copyright and Related Rights 28
  • Article   18.57 Definitions 28
  • Article   18.58 Right of Reproduction 28
  • Article   18.59 Right of Communication to the Public 28
  • Article   18.60 Right of Distribution 28
  • Article   18.61 No Hierarchy 28
  • Article   18.62 Related Rights 28
  • Article   18.63 Term of Protection for Copyright and Related Rights 28
  • Article   18.64 Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement 28
  • Article   18.65 Limitations and Exceptions 28
  • Article   18.66 Balance In Copyright and Related Rights Systems 28
  • Article   18.67 Contractual Transfers 28
  • Article   18.68 Technological Protection Measures (TPMs)  (82) 28
  • Article   18.69 Rights Management Information (RMI)  (96) 29
  • Article   18.70 Collective Management 29
  • Section   I Enforcement 29
  • Article   18.71 General Obligations 29
  • Article   18.72 Presumptions 29
  • Article   18.73 Enforcement Practices with Respect to Intellectual Property Rights 29
  • Article   18.74 Civil and Administrative Procedures and Remedies 29
  • Article   18.75 Provisional Measures 29
  • Article   18.76 Special Requirements Related to Border Measures 29
  • Article   18.77 Criminal Procedures and Penalties 29
  • Article   18.78 Trade Secrets (136) 30
  • Article   18.79 Protection of Encrypted Program-Carrying Satellite and Cable Signals 30
  • Article   18.80 Government Use of Software 30
  • Section   J Internet Service Providersœ  (148) 30
  • Article   18.81 Definitions 30
  • Article   18.82 Legal Remedies and Safe Harbours (149) 30
  • Section   K Final Provisions 30
  • Article   18.83 Final Provisions 30
  • Chapter   19 LABOUR 31
  • Article   19.1 Definitions 31
  • Article   19.2 Statement of Shared Commitment 31
  • Article   19.3 Labour Rights 31
  • Article   19.4 Non Derogation 31
  • Article   19.5 Enforcement of Labour Laws 31
  • Article   19.6 Forced or Compulsory Labour 31
  • Article   19.7 Corporate Social Responsibility 31
  • Article   19.8 Public Awareness and Procedural Guarantees 31
  • Article   19.9 Public Submissions 31
  • Article   19.10 Cooperation 31
  • Article   19.11 Cooperative Labour Dialogue 31
  • Article   19.12 Labour Council 31
  • Article   19.13 Contact Points 32
  • Article   19.14 Public Engagement 32
  • Article   19.15 Labour Consultations 32
  • Chapter   20 ENVIRONMENT 32
  • Article   20.1 Definitions 32
  • Article   20.2 Objectives 32
  • Article   20.3 General Commitments 32
  • Article   20.4 Multilateral Environmental Agreements 32
  • Article   20.5 Protection of the Ozone Layer 32
  • Article   20.6 Protection of the Marine Environment from Ship Pollution 32
  • Article   20.7 Procedural Matters 32
  • Article   20.8 Opportunities for Public Participation 32
  • Article   20.9 Public Submissions 32
  • Article   20.10 Corporate Social Responsibility 32
  • Article   20.11 Voluntary Mechanisms to Enhance Environmental Performance 32
  • Article   20.12 Cooperation Frameworks 32
  • Article   20.13 Trade and Biodiversity 33
  • Article   20.14 Invasive Alien Species 33
  • Article   20.15 Transition to a Low Emissions and Resilient Economy 33
  • Article   20.16 Marine Capture Fisheries (10) 33
  • Article   20.17 Conservation and Trade 33
  • Article   20.18 Environmental Goods and Services 33
  • Article   20.19 Environment Committee and Contact Points 33
  • Article   20.20 Environment Consultations 33
  • Article   20.21 Senior Representative Consultations 33
  • Article   20.22 Ministerial Consultations 33
  • Article   20.23 Dispute Resolution 33
  • ANNEX 20-A  33
  • ANNEX 20-B  33
  • Chapter   21 COOPERATION AND CAPACITY BUILDING 34
  • Article   21.1 General Provisions 34
  • Article   21.2 Areas of Cooperation and Capacity Building 34
  • Article   21.3 Contact Points for Cooperation and Capacity Building 34
  • Article   21.4 Committee on Cooperation and Capacity Building 34
  • Article   21.5 Resources 34
  • Article   21.6 Non-Application of Dispute Settlement 34
  • Chapter   22 COMPETITIVENESS AND BUSINESS FACILITATION 34
  • Article   22.1 Definitions 34
  • Article   22.2 Committee on Competitiveness and Business Facilitation 34
  • Article   22.3 Supply Chains 34
  • Article   22.4 Engagement with Interested Persons 34
  • Article   22.5 Non-Application of Dispute Settlement 34
  • Chapter   23 DEVELOPMENT 34
  • Article   23.1 General Provisions 34
  • Article   23.2 Promotion of Development 34
  • Article   23.3 Broad-Based Economic Growth 34
  • Article   23.4 Women and Economic Growth 34
  • Article   23.5 Education, Science and Technology, Research and Innovation 34
  • Article   23.6 Joint Development Activities 34
  • Article   23.7 Committee on Development 34
  • Article   23.8 Relation to other Chapters 34
  • Article   23.9 Non-Application of Dispute Settlement 34
  • Chapter   24 SMALL AND MEDIUM-SIZED ENTERPRISES 34
  • Article   24.1 Information Sharing 34
  • Article   24.2 Committee on SMEs 34
  • Article   24.3 Non-Application of Dispute Settlement 35
  • Chapter   25 REGULATORY COHERENCE 35
  • Article   25.1 Definitions 35
  • Article   25.2 General Provisions 35
  • Article   25.3 Scope of Covered Regulatory Measures 35
  • Article   25.4 Coordination and Review Processes or Mechanisms 35
  • Article   25.5 Implementation of Core Good Regulatory Practices 35
  • Article   25.6 Committee on Regulatory Coherence 35
  • Article   25.7 Cooperation 35
  • Article   25.8 Engagement with Interested Persons 35
  • Article   25.9 Notification of Implementation 35
  • Article   25.10 Relation to other Chapters 35
  • Article   25.11 Non-Application of Dispute Settlement 35
  • Chapter   26 TRANSPARENCY AND ANTI-CORRUPTION 35
  • Section   A Definitions 35
  • Article   26.1 Definitions 35
  • Section   B Transparency 35
  • Article   26.2 Publication 35
  • Article   26.3 Administrative Proceedings 35
  • Article   26.4 Review and Appeal  (3) 35
  • Article   26.5 Provision of Information 35
  • Section   C Anti-Corruption 35
  • Article   26.6 Scope 35
  • Article   26.7 Measures to Combat Corruption 35
  • Article   26.8 Promoting Integrity Among Public Officials 36
  • Article   26.9 Application and Enforcement of Anti-Corruption Laws 36
  • Article   26.10 Participation of Private Sector and Society 36
  • Article   26.11 Relation to other Agreements 36
  • Article   26.12 Dispute Settlement 36
  • Chapter   27 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 36
  • Article   27.1 Establishment of the Trans-Pacific Partnership Commission 36
  • Article   27.2 Functions of the Commission 36
  • Article   27.3 Decision-Making 36
  • Article   27.4 Rules of Procedure of the Commission 36
  • Article   27.5 Contact Points 36
  • Article   27.6 Administration of Dispute Settlement Proceedings 36
  • Article   27.7 Reporting In Relation to Party-specific Transition Periods 36
  • Chapter   28 DISPUTE SETTLEMENT 36
  • Section   A Dispute Settlement 36
  • Article   28.1 Definitions 36
  • Article   28.2 Cooperation 36
  • Article   28.3 Scope 36
  • Article   28.4 Choice of Forum 36
  • Article   28.5 Consultations 36
  • Article   28.6 Good Offices, Conciliation and Mediation 36
  • Article   28.7 Establishment of a Panel 36
  • Article   28.8 Terms of Reference 37
  • Article   28.9 Composition of Panels 37
  • Article   28.10 Qualifications of Panellists 37
  • Article   28.11 Roster of Panel Chairs and Party Specific Lists Roster of Panel Chairs 37
  • Article   28.12 Function of Panels 37
  • Article   28.13 Rules of Procedure for Panels 37
  • Article   28.14 Third Party Participation 37
  • Article   28.15 Role of Experts 37
  • Article   28.16 Suspension or Termination of Proceedings 37
  • Article   28.17 Initial Report 37
  • Article   28.18 Final Report 37
  • Article   28.19 Implementation of Final Report 37
  • Article   28.20 Non-Implementation - Compensation and Suspension of Benefits 37
  • Article   28.21 Compliance Review 37
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 38
  • Article   28.22 Private Rights 38
  • Article   28.23 Alternative Dispute Resolution 38
  • Chapter   29 EXCEPTIONS AND GENERAL PROVISIONS 38
  • Section   A Exceptions 38
  • Article   29.1 General Exceptions 38
  • Article   29.2 Security Exceptions 38
  • Article   29.3 Temporary Safeguard Measures 38
  • Article   29.4 Taxation Measures 38
  • Article   29.5 Tobacco Control Measures  (11) 38
  • Article   29.6 Treaty of Waitangi 38
  • Section   B General Provisions 38
  • Article   29.7 Disclosure of Information 38
  • Article   29.8 Traditional Knowledge and Traditional Cultural Expressions 38
  • Chapter   30 FINAL PROVISIONS 38
  • Article   30.1 Annexes, Appendices and Footnotes 38
  • Article   30.2 Amendments 38
  • Article   30.3 Amendment of the WTO Agreement 38
  • Article   30.4 Accession 38
  • Article   305 Entry Into Force 38
  • Article   30.6 Withdrawal 38
  • Article   30.7 Depositary 38
  • Article   308 Authentic Texts 38
  • ANNEX I 39
  • SCHEDULE OF AUSTRALIA 39
  • SCHEDULE OF BRUNEI DARUSSALAM 39
  • APPENDIX I-A  Work Categories 41
  • SCHEDULE OF CANADA INTRODUCTORY 41
  • APPENDIX I-A  Illustrative List of Canada’s Regional Non-conforming Measures  (1) 43
  • SCHEDULE OF CHILE 43
  • SCHEDULE OF JAPAN 44
  • SCHEDULE OF MALAYSIA 48
  • SCHEDULE OF MEXICO 50
  • SCHEDULE OF NEW ZEALAND 52
  • SCHEDULE OF PERU 53
  • SCHEDULE OF SINGAPORE 55
  • APPENDIX I-A  Illustrative list of U.S. regional non-conforming measures  (3) 57
  • APPENDIX I-A  Illustrative list of U.S. regional non-conforming measures  (4) 57
  • SCHEDULE OF VIET NAM 57
  • ANNEX II  EXPLANATORY NOTES 59
  • SCHEDULE OF AUSTRALIA 59
  • APPENDIX A  Australia 60
  • SCHEDULE OF BRUNEI DARUSSALAM 60
  • SCHEDULE OF CANADA 61
  • APPENDIX II  Canada 62
  • SCHEDULE OF CHILE 62
  • SCHEDULE OF JAPAN 64
  • SCHEDULE OF MALAYSIA 64
  • SCHEDULE OF MEXICO 65
  • SCHEDULE OF NEW ZEALAND 66
  • APPENDIX A  New Zealand 67
  • SCHEDULE OF PERU 68
  • SCHEDULE OF SINGAPORE 69
  • SCHEDULE OF THE UNITED STATES 71
  • APPENDIX II-A  United States 72
  • SCHEDULE OF VIET NAM 72
  • APPENDIX II-A  Viet Nam 74