chapter 29 cptpp

Vietnamese Summary of Chapter 26 . The CPTPP’s investment chapter contains a number of interesting provisions that clarify the scope of substantive investment protections and address some of the concerns about the current investor–state dispute settlement (ISDS) regime. 1. (ii) In the case of current account restrictions, if consultations in relation to the measures adopted by it are not taking place under the framework of the WTO Agreement, a Party, if requested, shall promptly commence consultations with any interested Party. A panel or tribunal established to consider a dispute related to a taxation measure shall accept as binding a determination of the designated authorities of the Parties made under this paragraph. ?�L�E�E�d�fQ^��ĂϯVR?o��ͻ?� l�'t|L�Y6{�3L�S��P�[�U�?��j%��-��.�CY2��(�V,9K��Vfs��CṌr��bV,5+@��H�^$��"��ƋX~��U�?�2O��ǖ��$W��|8�`&>�� e�)'�(�rW��\J��e�y��$��N��y��80�z-�H�T��K\�Ί �Hn��^�d9z�K��A�F��olΓ��]u�%�X:��}[��t��@0�|�dr Y*��S��{��gE�P��9BC]��&`H|��`��d��o�� }��A��a߀u?�S��i��鑯��E�Op8S,g��7�H�\,�/$�-k�M�\$��&-E j�5lq�[$OZćj�b��/l�>��q}�|(��k��qt��Mk��sȺ��w��"�>o��X�u#9KTit�in} (i) In the case of capital movements, promptly respond to any other Party that requests consultations in relation to the measures adopted by it, provided that such consultations are not otherwise taking place outside of this Agreement. However, no investor may invoke Article 9.8 (Expropriation and Compensation) as the basis for a claim if it has been determined pursuant to this paragraph that the measure is not an expropriation. The Parties understand that this subparagraph must be interpreted by reference to the footnote to Article XIV(d) of GATS as if the Article was not restricted to services or direct taxes. endobj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This paragraph is without prejudice to whether a digital product should be classified as a good or service. Office of Labor-Management Standards, Department of Labor. For greater certainty, this Article does not prejudice: (i) the operation of Article 9.15 (Denial of Benefits); or (ii) a Party’s rights under Chapter 28 (Dispute Settlement) in relation to a tobacco control measure. IV. Nothing in this Agreement shall be construed to: 1. Chapter 28 (Dispute Settlement) shall otherwise apply to this Article. 1513.29: A change to a good of subheading 1513.29 from any other chapter; or No change in tariff classification required for a good of subheading 1513.29, provided there is a regional value content of not less than 40 per cent under the build-down method. 400 to 499. The exporter of the good can choose whether to use the way RVC of not less than 40% or the CTC rule when determining the goods qualify as originating goods of the Member States. Article 29.2: Security Exceptions in Chapter 29 – Exceptions and General Provisions; Summary of differences. A Party may elect to deny the benefits of Section B of Chapter 9 (Investment) with respect to claims challenging a tobacco control measureFootnote 12 of the Party. For the purposes of Chapter 10 (Cross-Border Trade in Services), Chapter 12 (Temporary Entry for Business Persons), Chapter 13 (Telecommunications), Chapter 14 (Electronic Commerce)Footnote 2 and Chapter 17 (State-Owned Enterprises and Designated Monopolies), paragraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, mutatis mutandis.Footnote 3 The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health. (b) if, in exceptional circumstances, payments or transfers relating to capital movements cause or threaten to cause serious difficulties for macroeconomic management. • In Chapter 3, on page 81, in table 3.6, the sum of all labor value content calculations have been The designated authorities of those Parties shall have six months from the date of referral of the issue to make a determination as to the existence and extent of any inconsistency. answer. 2. 0 to 99. W��~ё"��0�q�4��gt��o`Ls3�ܰ�A�'FM�cU��.#Eߝo[��K�V_��-�i�Ӄ�͢!0�T�j7��qؤF\�� MT��M>?�`0 Dɰ��r��~�ڣ��Gs��9� jb(�&�x�[k|��wt For greater certainty, measures referred to in paragraph 1 or 2 may be non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate public welfare objectives as referred to in Annex 9-B(3)(b) (Expropriation). No procedures concerning the measure giving rise to the issue may be initiated under Chapter 28 (Dispute Settlement) or Article 9.19 (Submission of a Claim to Arbitration) until the expiry of the six-month period, or any other period as may have been agreed by the designated authorities. taxes and taxation measures include excise duties, but do not include: 2. 1 0 obj 1. Nothing in this Agreement shall prevent Singapore from adopting taxation measures no more trade restrictive than necessary to address Singapore’s public policy objectives arising out of its specific constraints of space. (b) the measures listed in subparagraphs (b) and (c) of that definition. If a Party has not elected to deny benefits with respect to such claims by the time of the submission of such a claim to arbitration under Section B of Chapter 9 (Investment), a Party may elect to deny benefits during the proceedings. 200 to 299. Highlights Chapter 38, 39. %�� Consolidated TPP Text – Chapter 29 – Exceptions and General Provisions Section A: Exceptions Article 29.1 General Exceptions. II. Format. ]0)/,[ Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers for current account transactions in the event of serious balance of payments and external financial difficulties or threats thereof. section, chapter or heading notes, where applicable, are found at the beginning of the relevant section or at the beginning of each chapter, and are read in conjunction with the product-specific rule of origin and may impose further conditions on, or provide an alternative to, the product-specific rule of origin; and The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. In the case of trade in goods, Article XII of GATT 1994 and the Understanding on the Balance of Payments Provisions of the GATT 1994 are incorporated into and made part of this Agreement, mutatis mutandis. Section VI notes. 7. Nothing in this Agreement shall be construed to require a Party to furnish or allow access to information, the disclosure of which would be contrary to its law or would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private. immunization. 4. Regulatory Entity. 9. ��߬��%� k��9��ʞ� ��X#ErN�v��/��2��-�2ٜ� ��༫��(�~0P��W3T"Բ�� vr�@�|��,̊��Q��E��L��u�%�r��yG|�ۅL%��9�%��Ei�o@)=�2�s�"��w|[+�ΠZ�טS'��r�[Y�W�=�4~Dl��t�VXt�n��54��p"�h��g|��lY�o\�X�@f!�mcf�Fc�F;+%�8!��M�,��y�n[��O��a�V�u ��Ǯ� ��%�? Canada's free trade agreements pose no impediment to the inclusion of measures for the benefit of Indigenous Peoples and/or businesses in a procurement. The coverage and procedural rules of the CPTPP are similar to the WTO-AGP and will therefore not have a significant effect on PWGSC procurement processes. (b) Article 2.15 (Export Duties, Taxes or other Charges) shall apply to taxation measures. USMCA Text; NAFTA Text (Chapter 18) TPP (not CPTPP) Text (Chapter 27) LexSage Comparison Chart ��G��Df.߈IL~�F3�A��i�ݺ�2 @WSaS�z�N*e�hr)�}��g��ST�S��= �4Ԓ"�Q��yWN�':CkyaXċ��a� The legally verified text of the Trans-Pacific Partnership (TPP) was released on 26 January 2016 and can be accessed by Chapter below. stream A Party shall endeavour to provide that any measures adopted or maintained under paragraph 1 or 2 be price-based, and if such measures are not price-based, the Party shall explain the rationale for using quantitative restrictions when it notifies the other Parties of the measure. Parts. For greater certainty, a measure with respect to tobacco leaf that is not in the possession of a manufacturer of tobacco products or that is not part of a manufactured tobacco product is not a tobacco control measure. ��A*n�M'T§��9�%fN�Y�}Jڥ�"W��l@��p�*ϘLx1.��L��U�TG�_M�u�y9��)�> C��N�� uҥh�P��Sr. An investor that seeks to invoke Article 9.8 (Expropriation and Compensation) with respect to a taxation measure must first refer to the designated authorities of the Party of the investor and the respondent Party, at the time that it gives its notice of intent under Article 9.19 (Submission of a Claim to Arbitration), the issue of whether that taxation measure is not an expropriation. IST 220 - Chapter 1. Subject to paragraph 3, and without prejudice to the rights and obligations of the Parties under paragraph 5, Article 9.10.2 (Performance Requirements), Article 9.10.3 and Article 9.10.5 shall apply to taxation measures. Nothing in this Agreement shall affect the rights and obligations of any Party under any tax convention. 13 October 2020 . Chapter 29 - Appeals of Claims Decisions . A change to a good of subheading 1513.21 from any other chapter. Office of the Secretary of Labor. %PDF-1.5 Chapter 1 - Information Systems. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi. <> 15.14 See section 3.105 National Security Exceptions for more information on NSEs. Article 29.4: Entry into Force This Agreement shall enter into force 60 days after the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal procedures or on such other date after the aforementioned … USMCA Text; TPP (not CPTPP) Text (Chapter 25) LexSage Comparison Chart; Chapter 29 - Publication and Administration. For enquiries, please contact us. Chapter 15 (Government Procurement) (a) Article 15.8 (Conditions for Participation): paragraph 5 including footnote 1; (b) Article 15.24 (Further Negotiations) – paragraph 2: the phrase “No later than three years after the date of entry into force of this Agreement”4 7. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Textile and Apparel Goods), Chapter 5 (Customs Administration and Trade Facilitation), Chapter 7 (Sanitary and Phytosanitary Measures), Chapter 8 (Technical Barriers Any measures adopted or maintained under this paragraph shall not impair the relative benefits accorded to the other Parties under this Agreement as compared to the treatment of a non-Party. Chapter. (d) any most-favoured-nation obligation with respect to an advantage accorded by a Party pursuant to a tax convention; (e) a non-conforming provision of any existing taxation measure; (f) the continuation or prompt renewal of a non-conforming provision of any existing taxation measure; (g) an amendment to a non-conforming provision of any existing taxation measure to the extent that the amendment does not decrease its conformity, at the time of the amendment, with any of those Articles; (h) the adoption or enforcement of any new taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes, including any taxation measure that differentiates between persons based on their place of residence for tax purposes, provided that the taxation measure does not arbitrarily discriminate between persons, goods or services of the Parties; (i) a provision that conditions the receipt or continued receipt of an advantage relating to the contributions to, or income of, a pension trust, pension plan, superannuation fund or other arrangement to provide pension, superannuation or similar benefits, on a requirement that the Party maintain continuous jurisdiction, regulation or supervision over that trust, plan, fund or other arrangement; or. Such a claim shall not be submitted to arbitration under Section B of Chapter 9 (Investment) if a Party has made such an election. In the event of any inconsistency between this Agreement and any such tax convention, that convention shall prevail to the extent of the inconsistency. The CPTPP’s regulatory coherence chapter has been described as a significant step in embedding provisions in trade agreements that not only commit Parties to cooperate on regulatory matters and to enhance the compatibility of regulations, but also to specify how regulations should be developed at the domestic level . The Chapter 28 of the USMCA is modelled on the novel Parties “shall”, for example, adopt or maintain processes regulatory coherence chapter of the CPTPP, but the for internal consultation, coordination and review in the USMCA commitments are more extensive and more development of regulations (Art. (a) in the event of serious balance of payments and external financial difficulties or threats thereof; or. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers relating to the movements of capital: 3. TPP (not CPTPP) Text (Chapter 26) LexSage Comparison Chart; Chapter 28 - Good Regulatory Practices. fN�S�Xѓ�+�0�� For greater certainty, if a Party elects to deny benefits with respect to such claims, any such claim shall be dismissed. 3. 2. For the purposes of Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase or supply of services, or affecting activities the end result of which is the supply of services. In addition, in chapter 29 on exceptions and general provisions, the CPTPP allows the applicability of GATS general exceptions under Article XIV (a), (b) and (c) to the digital trade chapter. (j) any excise duty on insurance premiums to the extent that such tax would, if levied by the other Parties, be covered by subparagraph (e), (f) or (g). Hence, the GATS exceptions outlined in section 2 also apply to the CPTPP data provisions. OTHER SETS BY THIS CREATOR. THIS SET IS OFTEN IN FOLDERS WITH... 12 terms. The E-Commerce Chapter is also subject to the exceptions contained in Chapter 29 of the CPTPP (Exceptions and General Provisions). <>>> 77 terms. but nothing in the Articles referred to in subparagraphs (a), (b) and (c) shall apply to: 7. 2. Products of the Chemical or Allied Industries. In the case of a tax convention between two or more Parties, if an issue arises as to whether any inconsistency exists between this Agreement and the tax convention, the issue shall be referred to the designated authorities of the Parties in question. 3 0 obj IST 220. CPTPP (suspended or not) Article 29.5: Tobacco Control Measures Chapter 8 TBT (Technical Barriers to Trade) Chapter 9 Investment Chapter 17 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES Chapter 18 Intellectual Property Chapter 25 Regulatory coherence 16 Each of the four agreements (TPP, CPTPP, CETA, USMCA) contains IP chapters that include TRIPS-Plus IP provisions which, depending on a country’s existing IP laws and pharmaceutical policies, could delay generic competition and potentially impact negatively on access to medicines.Footnote 7 For example, each of these agreements includes patent term adjustments and data protection for new pharmaceutical products. For the purposes of Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase, production or sale of goods, or affecting activities the end result of which is the production of goods. Refer to the Product Specific Rules (PSR) list and check with its specific rule, i.e. 15 terms. hospital SBS coding review. Article 9.8 (Expropriation and Compensation) shall apply to taxation measures. Paragraph 3 of Article 29.1 incorporates paragraphs (a), (b), and (c) of Article XIV of the GATS mutatis mutandis. 5. 8. question. x��\[o�8�~��G�"�ŋDi�X��$99�L�c6@�=m��s�Ro_��$J$%'�/gI�n�H��UїW��n�9E��%�V��r��3��tjCswy��H�H%M�%��`kpYL_xƊ�'��c�wl1;�kt�w��ջ��o��>��˕�R>f�`�T�IY,!�|�Ǉ�U�Q��4)X��H��꿮>��W��y"J�u�! 48 terms. {�r.��k�#��QCP�9�%�78��38��倎��؜��ۣ�E�Z�X��Kc2- )'��;�>ogdX��X*�a�27��AN��O.ʿd��i�wب��T᪰�d��l�:�R:�*�Jx�"�k��.��s �G�Ѓ�`�te�U�T��Z+ci��4Y�)l�2{��E�&~uh�� -�%8A�� I%�~�!�fu{�&��p]n�?�ֺ��s؇�TC�S �(w�H"8S�x� If those designated authorities agree, the period may be extended up to 12 months from the date of referral of the issue. ¶R��J��p��(D�bDy�)��]�\,�x�߂S��%ha)��u硆�5�;:1�l��EJ[z8�9q�)�J�pjt�u} JH��?ށ�5�6 �n(�ά�F��C�,%+ܿu��sm��/��Y��%�ğN�S�5̂�� 3`Yi��o�"ڨ��O�s�=fy:�9�9��U��!G�T\gv��K�o�f�쐿��k�4kQ��RşQT?��. ��\:��l��`��E�G�(��K��V�8��,'dq�,qfc�C�SZNOShO3��73��Mv�RGт",,�m7Յݢ�KϲPz�I�0��}F�}�� Jb?��CT��[�M��v�S�X��j�&�SӰV�T�M�δ��pA*δK� B0ר�=VN��s71��Ԭ��M�!�)�{��-��b��t�J)�.҅�eT�a*~��O��Spv�vK��y�q9s��SF�M��t_��2��P�4�B��Ķ��Џ��ڥ��3R5%��%[S � �W ��TsZ��q�-۩�'c��=�)��L^�Q 0��g�|��}o�g:9��Bd��9f��6. (l) for Viet Nam, the Minister of Finance, (a) a “customs duty” as defined in Article 1.3 (General Definitions); or. One focuses on exceptions to the agreement (chapter 29), and another (chapter 30) focuses on final provisions, followed by annexes after annexes which give privileges to certain countries, some of which has been overwritten and is put in the statement of the delegations meeting on the CPTPP earlier this month. Table of Contents (Rev. Chapter 27: Administrative and Insitutional Provisions . Measures referred to in paragraphs 1 and 2 shall not apply to payments or transfers relating to foreign direct investment.Footnote 7. Title. (a) Article 2.3 (National Treatment) and such other provisions of this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as does Article III of GATT 1994; and. CPTPP Ch 3 & 4: Rules of Origin and Textile and Apparel Goods (Nguyên tắc xuất xứ và hàng dệt may) "Rules of Origin and Trade Preferences", Luis Jorge Garay and Rafael Cornejo, Chapter 13 in Development, Trade, and the WTO: A Handbook (Ch. (This supersedes the version of the TPP text that was released on 5 November 2015.) Office of Labor-Management Standards, Department of Labor. w�9�>��y�{(�x��{�P��N��m��c��k�W�� Chapter 29: Exceptions and General Provisions A panel established under Article 28.7 (Establishment of a Panel) may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party’s rights under this Agreement. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Textile and Apparel Goods), Chapter 5 (Customs Administration and Trade Facilitation), Chapter 7 (Sanitary and Phytosanitary Measures), Chapter 8 (Technical Barriers to Trade) and Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.Footnote 1. Introduction ............................................................................................................................ 1 Scope of Brief of Evidence wx��3��f!k��b��׭�l�E�Vҹ� t9!+w�ғ��E#�G'��z�� T�pҖJ 11 terms. A Party adopting or maintaining measures under paragraph 1, 2 or 6 shall: or any successor of these designated authorities as notified in writing to the other Parties; tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement; and. Chapter 28: Dispute Settlement . 2 0 obj • In Chapter 2, on page 45, in table 2.4 the total U.S. imports from the world for agriculture, manufacturing and mining and services have been changed to 1.8, 1.3, and 5.4 percent, respectively. If the designated authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six months of the referral, the investor may submit its claim to arbitration under Article 9.19 (Submission of a Claim to Arbitration). However, the text does not define what constitutes a ‘legitimate public policy objective’. The types of TRIPS-Plus provisions common in these agreements and the ways in which they … 1986, 06-11-10) Transmittals for Chapter 29.
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