| TRANS-PACIFIC SEPA |
| Trans-Pacific SEPA |
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| GOODS |
| Tariffs |
Negative list approach
Different schedules for each member
Article 3.11 provides for elimination of export subsidy for agricultural goods |
| Rules of Origin |
Tariff sub-heading change
minumum value content 45 %
No specific process necessary |
| Contingency Measures |
| Anti - Dumping : Following WTO |
| Countervailing Duties : Following WTO |
| Safeguards : Following WTO, Chapter 6 |
Standards : Calls for cooperation- Chapter 8 on TBTand Chapter 7 on SPS |
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Notes:
Article 3.11 on Agricultural Export Subsidies commits partners to elimination of export subsidies for agricultural trade.
In 2008 Australia, Peru and the United States agreed to start negotiations to transform this agreement into Trans-Pacific Partnership Agreement (TPP). As of August 2010, negotiations are ongoing with Malaysia and Viet Nam added to a pool of countries.See separate PTA under TPP |
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| SERVICES |
WTO Notification (GATS Art. V) : Notified
Date of notification 18/05/2007
Consideration Process : Under Consideration
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Liberalization Approach : Negative Lists
Modes Covered
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  Cross-border supply (Mode1)
Consumption abroad (Mode2)
Commercial presence (Mode3)
Presence of natural persons (Mode4)
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Specific Chapters on
Professional services
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Specific Sectors Excluded
Financial services
Air transport
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Public Sectors carve-out : GATS-like (Article I:3(b))
Most Favoured Nation :
National Treatment : Binding
Market Access : Binding
Domestic Regulation : Binding
Subsidies covered by services disciplines : Not covered
Denial of benefits for commercial presence :
Article 12.12: Denial of Benefits
A Party may deny the benefits of this Chapter to:
(a) service suppliers of another Party where the service is being supplied by an enterprise that is owned or controlled by persons of a non-Party or the denying Party and the enterprise has no substantive business operations in the territory of any Party.
Notes :
Link to schedules :
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| INVESTMENT |
Scheduling Approach :
Definition of investment :
Most Favoured Nation :
National Treatment :
Fair and Equitable Treatment :
Expropriation :
Board of Directors and executive personnel :
Invester - State arbitration : 
Denial of Benefits :
Additional BIT exists between the parties :
BIT list I :
Status:
BIT list II :
Status:
Notes :
No investment disciplines.
Link to schedules :
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| TRADE FACILITATION |
| Customs procedures : Yes Article 5.1, 5.2, 5.3 and 5.4 of the Agreement |
| Customs valuation : Yes Article 5.6 of the Agreement |
| Trade regulations publication and administration (transparency) : No |
| E-Commerce / Paperless trade : Yes Article 5.10 and 5.15 of the Agreement |
| Cooperation in trade facilitation : No |
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| OTHER AREAS |
| Government Procurement : Yes Chapter 10 |
| Investment : No Investment chapter under negotiation. |
| Competition Policy : Yes Chapter 9 |
| Intellectual Property : Yes Substantive and procedural obligations and cooperation. Very broad coverage. See more in Chapter 10, Art. 16.5 of the Agreement. |
| Dispute Settlement : Yes Ad-hoc arbitration. Parties cannot block panels. If parties fail to appoint, panelist appointed by WTO DG
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| Labor Mobility : Yes |
| Labor and Environmental Standards : Yes Part of trade agreement with no olbigation to enforce environmental laws, however reference to environmental standards, cooperation and consulatations part of text. Parties agree that it is not appropriate to use environmental laws for protectionist purposes.
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| Technical cooperation : Yes |
| Institutional mechanism : No |
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Notes:
After several rounds of negotiation the agreement was signed in July 2005 and should go into force by the beginning of 2006. Open to any other APEC economy.Investment chapter under negotiation. |
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