10 January, 2016
• Cross border trade in services
Country specific annexes of negative lists of sectors not fully open to service suppliers from TPP members; Annex on express delivery services; professional services annex and professional licensing recognition mechanism; denial of benefit provision.
• E-Commerce
Anti-localization requirements; cybersecurity and personal data protection principles; and non-conforming measures by specific TPP members.
• Telecommunications
WTO Telecom Reference Paper plus commitments: interconnection, leased circuit services, co-location, access to infrastructures, international mobile roaming services, roaming alternative service facilitation.
• Financial services
Market access for cross border supply of financial services; 2 annexes on country specific exemptions; commitments on portfolio management, e-payment card services, transfer of information for data processing; investment arbitration mechanism for financial service chapter.
• Investments
Country specific annexes of negative lists of sectors not fully open to investors from TPP members; Types of prohibited “performance requirements”; investment protections; investment arbitration.
• Intellectual Property Rights
Geographical indication protection principles; data exclusivity for biologic drugs; copyright safe harbour for ISPs.
• Competition Policy and SOEs
Exchange of information principles regarding cooperation between TPP members on competition law compliance enforcement;
Obligations on due process and procedural fairness; Private rights of action for injury caused by a violation of a party’s national competition law;
Country specific annexes on exemptions from SOE chapter.
• Government Procurement
Country specific annexes of a positive list of entities and activities covered by government procurement chapter.
• Transparency and Anticorruption
Annex on promoting transparency and fairness relating to listing and reimbursement for pharmaceutical products or medical devices; Member specific exceptions.
• Labor and Temporary Entry for Business Persons
Labor dialogue under labor chapter; country specific annexes on temporary access of business persons.
• Environment
How specific industries are affected by this chapter (e.g., oil and gas, environmental engineering, shipping, automobiles, etc.).
• Trade in Goods
Tariff on automobiles; IT, medical devices, and agricultural products; phase-ins for country specific commitments; anti use of performance requirements in exchange for preferential tariff; anti restrictions on remanufactured goods.
• Customs Administration and Trade Facilitation, and Rules of Origin
Regional content value; self-certification online issuance of Chief Operating Officer ; “payment under protest”; expedite customs procedures for express shipments; exchange of information to enforce customs law.
• Technical Barriers to Trade and Sanitary and Phytosanitary Measures
Exchange of information principles to audit compliance on SPS; Annexes on common regulatory approaches for 7 sectors: cosmetic, medical devices, pharmaceuticals, information and communications technology products, wine and distilled spirits, proprietary formulas for pre-packaged foods and food additives, and organic agricultural products.
• Textiles and Apparel
Rules of origin – “yarn forward” rule and the “short supply list” exception.
• Dispute Settlement
Exceptions where dispute settlement chapter does not apply.
For the full pdf of the article, please click here.
For further information, please contact:
Milton W. M. Cheng, Managing Partner Hong Kong/China/Vietnam/Korea, Baker & McKenzie
milton.cheng@bakermckenzie.com
