White House releases text of Trans-Pacific Partnership trade deal
The much-anticipated release of the final text of a sweeping Asia-Pacific trade agreement became a reality on Thursday morning, kicking off what is expected to amount to months of intensive debate on Capitol Hill.
The U.S. Trade Representative’s office dropped the details of the massive 12-nation Trans-Pacific Partnership (TPP) deal — 30 chapters and more than 2,000 pages — exactly one month after the agreement was completed on Oct. 5 in Atlanta.
The text of the TPP deal will be under the microscope of Congress and the broader public for at least 90 days before President Obama can sign the agreement, between the United States and 11 other nations: Australia, Canada, Japan, Malaysia, Mexico, Peru, Vietnam, Brunei, Chile, New Zealand and Singapore.
The text, which has been going through a legal scrub since the deal was completed,
During years of talks, the Obama administration has been roundly criticized by anti-trade groups and labor unions for what they deemed an overarching policy of secrecy while the negotiators finely tuned the agreement’s details, which will guide trade among nations encompassing 40 percent of the global economy.
The release of the text will probably be followed by an “intent to sign” message to Congress from President Obama, meaning there will be 90 days before he can sign the deal, a rule that is part of the trade promotion authority (TPA), or “fast-track,” legislation signed into law this summer.
After that, the White House will send implementing language to Capitol Hill, starting the clock for the Senate Finance and House Ways and Means committees to begin their process of moving the TPP through their panels and to their respective floors for a final up-and-down vote.
Also expected along the way are government reports that will evaluate the economic benefits of the agreement.
On Wednesday, Senate Finance Committee Chairman Orrin Hatch (R-Utah) said in an op-ed in The Hill that the TPA law “does not guarantee approval for the TPP or any trade agreement.”
“In fact, quickly following the announcement that TPP negotiators had reached a deal, a number of initial reports signaled potential trouble for congressional approval,” Hatch wrote.
Hatch said he wants to ensure that the TPP meets fast-track objectives, that the trading partners can fulfill the deal’s high standards and that White House will work closely with Congress on the review process before signing off on the deal.
The Obama administration is expected to intensify its engagement with Congress following the release of the text.
U.S. Trade Representative Michael Froman, his trade team and the president and his Cabinet are already pitching the deal to lawmakers, stakeholders and the public.
The White House will try to assure Democrats that the labor and environment chapters are the strongest ever negotiated in a trade agreement, that they are fully enforceable and won’t cause the job losses that occurred under past agreements.
There also will be a focus on the elimination of 18,000 tariffs and the benefits for U.S. agriculture.
Some lawmakers, including Hatch, have expressed concerns about eight years of data exclusivity on high-tech biologic drugs instead of 12 years that is the U.S. standard.
Some lawmakers have said they would actively oppose the deal because tobacco products are exempt from some trade protections in certain public health situations.
“Like many, I am immensely concerned that the administration may have missed a pivotal opportunity with the TPP to get the best deal possible for the American people,” Hatch said.
“I hope that I am wrong.”
Rep. Kevin Brady (R-Texas), the new chairman of the House Ways and Means Committee who has been supportive of White House trade efforts, said Wednesday that he plans to ensure that the Republican Conference knows and understands every word in the TPP.
“If we decide this is good for America, then we’re going to be the leaders,” Brady said.
Trade is expected to rise to the top of the committee’s agenda as members pore over the massive agreement in the next several months.
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Brady has said that if there is support for the TPP, he would like to get it done early next year rather than wait until a lame-duck session.
Rep. Gerry Connolly (D-Va.), one of 28 Democrats who supported fast-track authority, said Wednesday that timing on a TPP in the House must be “exquisitely managed.”
If it can’t get done before April, the measure would have to be pushed to the lame-duck session or “you’re in our primary season and that’s a problem,” he said.
Also on Wednesday, Ways and Means Committee ranking member Sandy Levin (D-Mich.) said the panel’s Democratic members will hold a series of in-depth hearings starting the week of Nov. 16 “zeroing in on those issues that are of particular importance or concern to us and our fellow Democratic colleagues.”
Those issues include the environment, workers rights, investment (including tobacco), automotive and agricultural market access, rules of origin, currency manipulation and the potential effect on U.S. jobs and the economy.
“The upcoming 90-day period was established to facilitate an intensive and informed debate over the merits of TPP as negotiated, as well as the necessity for any modifications to the agreement, before the agreement is signed,” Levin said.
“Ways and Means Democrats look forward to engaging fully and meaningfully with stakeholders, the public, our colleagues and the administration during this period.”
Chapters TPP Full Text
- 1. Initial Provisions and General definitions (Chapter Summary)
- 2. National Treatment and Market Access (Chapter Summary)
- Annex 2-D: Tariff Commitments
- Australia General Notes to Tariff Schedule
- Australia Tariff Elimination Schedule
- Brunei General Notes to Tariff Schedule
- Brunei Tariff Elimination Schedule
- Canada General Notes to Tariff Schedule
- Canada Tariff Elimination Schedule
- Canada Appendix A Tariff Rate Quotas
- Canada Appendix B Japan Canada Motor Vehicle NTM
- Chile General Notes to Tariff Schedule
- Chile Tariff Elimination Schedule
- Japan General Notes to Tariff Schedule
- Japan Tariff Elimination Schedule
- Japan Appendix A Tariff Rate Quotas
- Japan Appendix B 1 Agricultural Safeguard Measures
- Japan Appendix B 2 Forest Good Safeguard Measure
- Japan Appendix C Tariff-Differentials
- Japan Appendix D Appendix between Japan and the United States on Motor Vehicle Trade
- Japan Appendix E Appendix between Japan and Canada on Motor Vehicle Trade
- Malaysia General Notes to Tariff-Schedule
- Malaysia Tariff Elimination-Schedule
- Malaysia Appendix A Tariff Rate Quotas
- Mexico General Notes to Tariff Schedule
- Mexico Appendix A, B and C Tariff Rate Quotas and Tariff Differentials
- Mexico Tariff Elimination Schedule
- New Zealand General Notes to Tariff Schedule
- New Zealand Tariff Elimination Schedule
- Peru General Notes to Tariff-Schedule
- Peru Tariff Elimination Schedule
- Singapore General Notes to Tariff Schedule
- Singapore Tariff Elimination Schedule
- US General Notes to Tariff Schedule
- US Tariff Elimination-Schedule
- US Appendix A Tariff Rate Quotas
- US Appendix B Agricultural Safeguard Measures
- US Appendix C Tariff Differentials
- US Appendix D Motor Vehicle Trade
- US Appendix E Earned Import Allowance Program
- Viet-Nam General Notes to Tariff Schedule
- Viet-Nam Tariff Elimination Schedule
- Viet-Nam Appendix A Tariff Rate Quotas
- Annex 2-D: Tariff Commitments
- 3. Rules of Origin and Origin Procedures (Chapter Summary)
- 4. Textiles and Apparel (Chapter Summary)
- 5. Customs Administration and Trade Facilitation (Chapter Summary)
- 6. Trade Remedies (Chapter Summary)
- 7. Sanitary and Phytosanitary measures (Chapter Summary)
- 8. Technical Barriers to Trade (Chapter Summary)
- 9. Investment (Chapter Summary)
- 10. Cross Border Trade in Services (Chapter Summary)
- 11. Financial Services (Chapter Summary)
- 12. Temporary Entry for Business Persons (Chapter Summary)
- 13. Telecommunications (Chapter Summary)
- 14. Electronic Commerce (Chapter Summary)
- 15. Government Procurement (Chapter Summary)
- 16. Competition (Chapter Summary)
- 17. State-Owned Enterprises (Chapter Summary)
- 18. Intellectual Property (Chapter Summary)
- 19. Labour (Chapter Summary)
- 20. Environment (Chapter Summary)
- 21. Cooperation and Capacity Building (Chapter Summary)
- 22. Competitiveness and Business Facilitation (Chapter Summary)
- 23. Development (Chapter Summary)
- 24. Small and Medium-Sized Enterprises (Chapter Summary)
- 25. Regulatory Coherence (Chapter Summary)
- 26. Transparency and Anti-corruption (Chapter Summary)
- 27. Administration and Institutional Provisions (Chapter Summary)
- 28. Dispute Settlement (Chapter Summary)
- 29. Exceptions (Chapter Summary)
- 30. Final Provisions (Chapter Summary)
- Annex I: Non-Conforming Measures
- Annex II: Non-Conforming Measures
- Annex III: Financial Services
- Annex IV: State-Owned Enterprise
- Market Access Related
- US- AU Letter Exchange re Recognition of FTA TRQs in TPP
- US-AU Letter Exchange on Sugar Review
- US-CA Letter Exchange on Milk Equivalence
- US-CA Letter Exchange on Agricultural Transparency
- US-CL Letter Exchange on Distinctive Products
- US-CL Letter Exchange regarding Recognition of FTA TRQs in TPP
- JP Exchange of Letters on Distinctive Products
- JP to US Letter on Safety Regulations for Motor Vehicles
- US-JP Letter Exchange on Operation of SBS Mechanism
- US-JP Letter Exchange on Operation of Whey Protein Concentrate Safeguard
- US-JP Letter Exchange regarding Standards of Fill
- US-JP Letters related to the PHP
- US-MY Letter Exchange on Auto Imports
- US-MY Letter Exchange on Distinctive Products
- US-NZ Letter Exchange on Distinctive Products
- US-PE Letter Exchange on Distinctive Products
- US-PE Letter Exchange on TRQs and Safeguards
- US-VN Letter Exchange on Catfish
- US-VN Letter Exchange on Distinctive Products of US
- US-VN Letter Exchange on Distinctive Products of VN
- US-VN Letter Exchange on Offals
- Textiles and Apparel Related
- Sanitary and Phytosanitary Related
- Intellectual Property Related
- US-AU Letter Exchange on Selected IP Provisions
- US-AU Letter Exchange on Article 17.9.7(b) of AUSFTA
- US-CA Letter Exchange on IP Border Enforcement
- US-CL Letter Exchange re Geographical Indications
- US-CL Letter Exchange re Article 17.10.2 of US Chile FTA
- US-JP Letter Exchange re Copyright Term
- US-MY Letter Exchange re Articles 18.41 .50 and .52
- US-MY Letter Exchange re Geographical Indications
- US-MX Letter Exchange re Geographical Indications
- US-MX Letter Exchange re Tequila and Mezcal
- US-PE Letter Exchange re Article 16.14.3 of US-Peru TPA
- US-VN Letter Exchange on Biologics
- US-VN Letter Exchange re Geographical Indications
- Services/Financial Services/E-Commerce
- Temporary Entry
- Government Procurement
- Annex on Transparency and Procedural Fairness for Pharmaceutical Products and Medical Devices
US-Japan Bilateral Outcomes
- US-Japan Motor Vehicle Trade Non-Tariff Measures
- Japan Parallel Negotiations on Non-Tariff Measures
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