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November 15, 2015

TPP Agreement - Part 2 - Chapter 1 - Initial Provisions and General Definitions

By Daniel Penisten

Part 2 of the Trans Pacific Partnership proposal. installed here for study and commentary.

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TPP - Definitions
TPP - Definitions
(Image by Daniel Penisten)
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Ok. There is an indication that this next part of the TPP Proposal is about eleven pages long. So. I will break it into additional sections, for the purposes of this project within OpEd News website. This section, or first installment of "Chapter 1" looks to be about 5 pages long (in "Microsoft Word").

And Legalese is on the increase here. I will try to translate it into "American Common English" for Us. This should prove interesting.

CHAPTER 1

INITIAL PROVISIONS AND GENERAL DEFINITIONS

Section A: Initial Provisions

Article 1.1: Establishment of a Free Trade Area

The Parties to this Agreement, 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. Recognizing 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 each other; 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 such other Party or Parties, as the case may be.

2. If a Party believes 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, upon 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

1 For the purpose of application of this Agreement, the Parties agree that the fact that an agreement provides more favorable treatment of goods, services, investments, or persons than that provided for under this Agreement does not mean that there is an inconsistency within the meaning of paragraph 2

.

Section B: General Definitions

Article 1.3: General Definitions

For the purposes of this Agreement, unless otherwise specified:

AD Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, contained 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 each Party the meaning set out at 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 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 at 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 III:2 of GATT 1994;

(b) fee or other charge in connection with the importation commensurate with the cost of services rendered; and

(c) antidumping or countervailing duty.

Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

Days means calendar days;

Enterprise means any entity constituted or organized 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 organization;

Existing means in effect on the date of entry into force of this Agreement;

GATS means the General Agreement on Trade in Services, contained in Annex 1B to the WTO Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

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 Definition) or a permanent resident of a Party;

Originating means qualifying under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures) or Chapter 4 (Textiles and Apparel);

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 Elimination Schedule set out in Annex 2-D (Tariff Elimination);

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 entire

ly 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 at Annex 1-A (Party-Specific Definitions):

Safeguards Agreement means the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement;

Sanitary or phytosanitary measure means any measure referred to in paragraph 1 of Annex A of the SPS Agreement;

SCM Agreement means the Agreement on Subsidies and Countervailing Measures, contained 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, contained 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 each 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 , contained 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 on April 15, 1994.

1-5 territory has for each party the meaning set out at Annex 1-A (Party-Specific Definitions);

2 For greater certainty, "TRIPS Agreement" includes any waiver in force between the Parties of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement.

Next begins "Annex 1-A"

"Party Specific Designations"

Authors Bio:

"White" male. 70 years old. Politically an eclectic, (confused?) mix of Conservative and Progressive. Have a dislike for capitalism, as it is practiced in the United States and as it is used to promote the tyranny of the new world order. Advocate of "Direct Democracy" and "Mutualism". Member of a new Third Party called "Citizens Party" and the "Green Party". Plan to vote for "Green Party" candidates, whenever Citizen Party candidates are not available. I am anti new world order, pro temporary American Isolation from the affairs of the rest of the world until We can establish and maintain Our ever improving Good example of a Better Benign Culture for Ourselves and the rest of Humanity Of Earth. We need the time and space to cure the illnesses of Our Capitalist Culture and become so much More than takers, profiteers and exploiters.

Also advocate of "New Tribalism". Ally of "some elements" of the "Old Tribalism". "First Seed Bearer Of "Narbarism"; one tiny and struggling branch of New Tribalism...that, nevertheless, has afforded me wonderful opportunities to personally become More and Better, through the work of trying to establish Narbarism in Reality. I see the Evolution of America as interconnected with that of Narbarism and, Hopefully, a source of Many, Many kinds of "Strength" for it. We will see.

I have become very dependent on OpEd News for the sharing of Kindred Souls who reassure and even inspire me with their ideas about Life and Our Society. I am also grateful to the conservative agents, who come here and share their perspective on life and Nation and issue challenges to what We Progressives are trying to achieve.

I come here just about everyday to watch for news and discussions that reveal the progress of Meaningful Change and Humanity's Evolution on Earth and the oppositional challenges to the same.


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