Comprehensive and Progressive Agreement for Trans-Pacific Partnership
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), also known as TPP11 or TPP-11, is a trade agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. At the time of its signing, the eleven countries' combined economies represented 13.4 percent of the global gross domestic product, approximately US$13.5 trillion, making the CPTPP the third largest free-trade area in the world by GDP after the North American Free Trade Agreement and European Single Market.
Ratifiers (dark green)
other Signatories (light green)
|Signed||8 March 2018|
|Sealed||23 January 2018|
|Effective||30 December 2018|
|Condition||60 days after ratification by 50% of the signatories, or after six signatories have ratified|
|Depositary||Government of New Zealand|
|Languages||English (prevailing in the case of conflict or divergence), Spanish and French|
The CPTPP incorporates most of the Trans-Pacific Partnership (TPP) provisions by reference, but suspended 22 provisions the United States favored that other countries opposed, and lowered the threshold for enactment so the participation of the U.S. is not required. The TPP was signed on 4 February 2016, but never entered into force as a result of the withdrawal of the United States.
All original TPP signatories except the U.S. agreed in May 2017 to revive it and reached agreement in January 2018 to conclude the CPTPP. The formal signing ceremony was held on 8 March 2018 in Santiago, Chile.
The agreement specifies that its provisions enter into effect 60 days after ratification by at least 50% of the signatories (six of the eleven participating countries). The sixth nation to ratify the deal was Australia on 31 October, and the agreement came into force for the initial six ratifying countries on 30 December 2018.
About two-thirds of the provisions in the signed CPTPP are identical to the TPP draft at the time the United States left the negotiating process. The chapter on state-owned enterprises (SOEs) is unchanged, requiring signatories to share information about SOEs with each other, with the intent of engaging with the issue of state intervention in markets. It includes the most detailed standards for intellectual property of any trade agreement, as well as protections against intellectual property theft against corporations operating abroad.
Twenty-two TPP provisions that were priorities of the United States but not other negotiating partners were suspended or modified from the signed CPTPP. One of the most contested provisions advocated for by the US was for increased abilities of companies to sue national governments, in particular over strict regulations over oil and gas developments. Another was the US insistence that copyright extends for the author's lifetime plus 70 years, which is not standard in some other countries, and was substantially reduced in the CPTPP language. Japan did extend the period to 70 years, which was a requirement stemming from the EU–Japan Economic Partnership Agreement.
A key provision of the CPTPP which experts claim will significantly improve trade is its Negative Scheduling. This allows for CPTPP countries to trade in specific sectors or sub-sectors which are not on the list. This provision is expected to help smaller firms to enter CPTPP markets more seamlessly.
During the round of negotiations held concurrently with the Asia-Pacific Economic Cooperation forum in Vietnam in November 2017, Canadian PM Justin Trudeau refused to sign the agreement in principle, stating reservations about the provisions on culture and automotives. Media outlets in Australia, New Zealand, and Japan, which strongly supported quick movement on a deal, strongly criticized what they portrayed as Canadian sabotage.
Canada insisted that cultural and language rights, specifically related to its French-speaking minority, be protected.
However, Canada's major reservation was a conflict between the percentage of a vehicle that must originate in a CPTPP member nation to enter tariff-free, which was 45% under the original TPP language and 62.5% under the NAFTA agreement. Japan, which is a major automobile part exporter, strongly supports lower requirements. In January 2018, Canada announced that it would sign the CPTPP after obtaining binding side letters on culture with every other CPTPP member country, as well as bilateral agreements with Japan, Malaysia, and Australia related to non-tariff barriers. Canada's Auto Parts Manufacturers' Association sharply criticized increasing the percentages of automobile parts that may be imported tariff-free, noting that the United States was moving in the opposite direction by demanding stricter importation standards in the ongoing NAFTA renegotiation.
In February 2019, Canada's Jim Carr, Minister of International Trade Diversification, delivered a keynote address at a seminar concerning CPTPP - Expanding Your Business Horizons, reaching out to businesses stating the utilisation of the agreement provides a bridge that will enable people, goods and services to be shared more easily.
On 28 June 2018, Mexico became the first country to finish its domestic ratification procedure of the CPTPP, with President Enrique Peña Nieto stating, "With this new generation agreement, Mexico diversifies its economic relations with the world and demonstrates its commitment to openness and free trade."
On 17 October 2018, the Australian Federal Parliament passed relevant legislation through the Senate. The official ratification was deposited on 31 October 2018. This two-week gap made Australia the sixth signatory to deposit its ratification of the agreement, and it came into force 60 days later.
On 25 October 2018, New Zealand ratified the CPTPP, increasing the number of countries that had formally ratified the agreement to four.
On 2 November 2018, the CPTPP and related documents were submitted to the National Assembly of Vietnam for ratification. On 12 November 2018, the National Assembly passed a resolution unanimously ratifying the CPTPP. The Vietnamese government officially notified New Zealand of its ratification on 15 November 2018.
An overview of the legislative process in selected states is shown below:
|Mexico||8 March 2018||Senate||24 April 2018||73||24||28 June 2018|||
|Presidential Assent||23 May 2018||Granted|
|Japan||8 March 2018||House of Representatives||18 May 2018||Majority approval (Standing vote)||6 July 2018|||
|House of Councillors||13 June 2018||168||69|||
|Singapore||8 March 2018||No parliamentary approval required||19 July 2018|||
|New Zealand||8 March 2018||House of Representatives||24 October 2018||111||8||25 October 2018|||
|Royal assent||25 October 2018||Granted|||
|Canada||8 March 2018||House of Commons||16 October 2018||236||44||1||29 October 2018|||
|Senate||25 October 2018||Majority approval (Voice vote)|||
|Royal assent||25 October 2018||Granted|||
|Australia||8 March 2018||House of Representatives||19 September 2018||Majority approval (Standing vote)||31 October 2018|||
|Senate||17 October 2018||33||15|||
|Royal assent||19 October 2018||Granted|||
|Vietnam||8 March 2018||National Assembly||12 November 2018||469||0||0||15 November 2018.|||
Entry into forceEdit
On 30 December 2018, the agreement entered into force between Australia, Canada, Japan, Mexico, New Zealand, and Singapore.
On 1 January 2019, Australia, Canada, Mexico, New Zealand, and Singapore implemented a second round of tariff cuts. Japan’s second tariff cut took place on 1 April 2019.
The CPTPP Commission is the decision-making body of the CPTPP, which was established when the CPTPP entered into force on 30 December 2018. Representatives from the 11 CPTPP signatories participated in the first CPTPP Commission meeting in Tokyo on 19 January 2019.
The CPTPP Commission made the following decisions on 19 January 2019:
- A decision about the chairing and administrative arrangements for the Commission and special transitional arrangements for 2019;
- A decision to establish the accession process for interested economies to join the CPTPP;Annex
- A decision to create rules of procedure and a code of conduct for disputes involving Parties to the ;Annex;Annex I
- A decision to create a code of conduct for investor-State dispute settlement.;Annex* Members of the CPTPP Commission also issued a joint ministerial statement on 19 January 2019.
The CPTPP Commission will meet again in the second half of 2019.
Potential future membersEdit
In January 2018, the government of the United Kingdom stated it was exploring membership of the CPTPP to stimulate exports after Brexit and has held informal discussions with several of the members. The country has an overseas territory, the Pitcairn Islands, in the Pacific Ocean. In October 2018, Japanese Prime Minister Shinzo Abe said he would welcome the United Kingdom joining the partnership post-Brexit.
On 25 January 2018, U.S. President Donald Trump in an interview announced his interest in possibly rejoining the TPP if it were a "substantially better deal" for the United States. He withdrew the U.S. from the original agreement in January 2017. On 12 April 2018, he told the White House National Economic Council Director Larry Kudlow and U.S. Trade Representative Robert Lighthizer to look into joining the new deal. U.S. Wheat Associates President Vince Peterson had said in December 2018 that American wheat exporters could face an “imminent collapse” in their 53% market share in Japan due to CPTPP. Peterson added, “Our competitors in Australia and Canada will now benefit from those [CPTPP] provisions, as US farmers watch helplessly.” The National Cattlemen's Beef Association stated that exports of beef to Japan, America’s largest export market, would be at a serious disadvantage to Australian exporters as their tariffs on exports to Japan would be cut by 27.5% during the first year of CPTPP.
|Country||Status 2016 agreement||Status CPTPP||Announced Interest|
|United States||Former TPP signatory||Announced Interest||January 2018|
|Taiwan||Non TPP signatory||Announced Interest||2016|
|United Kingdom||Non TPP signatory||Announced Interest||January 2018|
|Colombia||Non TPP signatory||Announced Interest||2018|
|Indonesia||Non TPP signatory||Announced Interest||2018|
|South Korea||Non TPP signatory||Announced Interest||2018|
|Thailand||Non TPP signatory||Announced Interest||2018|
- "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (PDF). Government of New Zealand. Retrieved 10 February 2018.
- "大筋合意に至ったTPP11 包括的及び先進的な環太平洋パートナーシップ協定" (PDF) (in Japanese). Mizuho Research Institute. 13 November 2017. Retrieved 24 January 2018.
- Benson, Simon (25 January 2018). "$13.7 trillion TPP pact to deliver boost in GDP". The Australian. Retrieved 24 January 2018.
- Blanco, Daniel (23 January 2018). "Se alcanza acuerdo en texto final del TPP11". El Financiero (in Spanish). Retrieved 24 January 2018.
- "Australia ratifies the TPP-11, Media release, 31 Oct 2018, Australian Minister for Trade, Tourism and Investment, Senator the Hon Simon Birmingham". trademinister.gov.au. Retrieved 30 December 2018.
- Torrey, Zachary (3 February 2018). "TPP 2.0: The Deal Without the US". The Diplomat. Retrieved 13 April 2018.
- Dwyer, Colin (8 March 2018). "The TPP Is Dead. Long Live The Trans-Pacific Trade Deal". The Two-Way. NPR. Retrieved 29 November 2018.
- Riley, Charles (23 January 2017). "Trump's decision to kill TPP leaves door open for China". CNN Money. Retrieved 23 January 2017.
- Jegarajah, Sri; Dale, Craig; Shaffer, Leslie (21 May 2017). "TPP nations agree to pursue trade deal without US". CNBC. Retrieved 21 May 2017.
- Staff writers (21 May 2017). "Saving the Trans-Pacific Partnership: What are the TPP's prospects after the US withdrawal?". The Straits Times. Retrieved 21 May 2017.
- AP Staff (8 March 2018). "11 nations to sign Pacific trade pact as US plans tariffs". New York Daily News. Associated Press. Retrieved 9 March 2018.
- Swick, Brenda C.; Augruso, Dylan E. (19 January 2018). "Canada Reaches Comprehensive and Progressive Trans-Pacific Partnership Agreement". The National Law Review. Dickinson Wright PLLC. Retrieved 9 March 2018.
- "Pacific trade pact to start at end-2018 after six members ratify". Reuters. 31 October 2018.
- Goodman, Matthew P. (8 March 2018). "From TPP to CPTPP". Center for Strategic and International Studies. Retrieved 13 April 2018.
- "Japan to extend copyright period on works including novels and paintings to 70 years on Dec. 30". The Japan Times. Jiji Press. 10 December 2018. Retrieved 10 December 2018.
- "Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Economic Partnership Agreement between the European Union and Japan, Article 14.13". European Commission.
The term of protection for rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after the author's death
- "TPP11: Unpacking the Suspended Provisions". Asian Trade Centre. Retrieved 1 February 2019.
- "Greater market access, lower tariffs for Singapore companies when CPTPP enters into force". Channel NewsAsia. Retrieved 1 February 2019.
- "Deborah Elms: It may be smaller, but the new TPP is still a big deal". Nikkei Asian Review. Retrieved 1 February 2019.
- "'We weren't ready' to close deal: Trudeau defends Canada's actions on TPP". CBC News. 11 November 2017. Retrieved 14 April 2018.
- "Canada reaches deal on revised Trans-Pacific Partnership". CBC News. 23 January 2018. Retrieved 14 April 2018.
- "Minister Carr calls on Manitoba businesses to expand their horizons with the help of the CPTPP". Government of Canada. 13 February 2019. Retrieved 14 June 2019.
- "Mexico's senate ratifies sweeping Asia-Pacific trade deal". Reuters. Retrieved 9 May 2018.
- "CPTPP law in the House as Mexico first to ratify". The Beehive. Retrieved 30 December 2018.
- "[Press Releases] Notification of Completion of Domestic Procedures for the Comprehensive and Progressive Agreement ." Ministry of Foreign Affairs of Japan. Retrieved 30 December 2018.
- "Japan, world's third largest economy, ratifies CPTPP". The Beehive. Retrieved 30 December 2018.
- "Page Not Found" (PDF). www.mti.gov.sg. Retrieved 30 December 2018.
- "Singapore becomes third nation to ratify CPTPP". The Beehive. Retrieved 30 December 2018.
- "Australia becomes fourth signatory country to ratify CPTPP". vietnamplus.vn. 17 October 2018. Retrieved 19 October 2018.
- Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 Australian Parliament
- Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 Australian Parliament
- "New Zealand ratifies CPTPP during trade minister's trip to Ottawa and Washington". The Beehive. Retrieved 30 December 2018.
- "LEGISinfo - House Government Bill C-79 (42-1)". www.parl.ca. Retrieved 25 October 2018.
- "Senate of Canada on Twitter". Twitter. Retrieved 25 October 2018.
- Canada, Global Affairs; Canada, Global Affairs (29 October 2018). "Statement by Minister Carr on Canada's Ratification of Comprehensive and Progressive Agreement for Trans-Pacific Partnership". gcnws. Retrieved 30 December 2018.
- McGregorl, Janyce (29 October 2018). "Canada ratifies, Pacific Rim trade deal set to take effect by end of year". CBC. Retrieved 30 December 2018.
- Government of Canada, Foreign Affairs Trade and Development Canada. "Timeline of discussions". GAC. Retrieved 30 December 2018.
- "Trans-Pacific trade agreement submitted to NA for approval". THE VOICE OF VIETNAM. 2 November 2018. Retrieved 30 December 2018.
- "NA ratifies CPTPP trade deal". THE VOICE OF VIETNAM. 12 November 2018. Retrieved 30 December 2018.
- "Viet Nam seventh nation to ratify CPTPP". New Zealand Government. Retrieved 15 November 2018.
- "Mexico's senate ratifies sweeping Asia-Pacific trade deal". Access to Energy. 24 April 2018. Retrieved 3 August 2018.
- "Japan's lower house passes TPP-11, pushing related trade bills". The Japan Agrinews. 30 May 2018. Retrieved 3 August 2018.
- "Japanese Parliament Approves New Agreement on Trans-Pacific Partnership". 13 June 2018. Retrieved 3 August 2018.
- "Trans-Pacific Partnership: parliamentary steps to ratification". Parliament of New Zealand. 31 October 2017. Retrieved 3 August 2018.
This paper sets out the framework for parliamentary involvement in the process leading up to the ratification of an international multilateral trade treaty
- "Trans-Pacific Partnership Agreement (CPTPP) Amendment Bill". New Zealand Parliament. 24 October 2018. Retrieved 24 October 2018.
- "Trans-Pacific Partnership Agreement (CPTPP) Amendment Bill - Third Reading - Video 15". In The House Youtube Channel. 24 October 2018. Retrieved 24 October 2018.
- "House Government Bill (C-79)". LEGISinfo, Parliament of Canada. Retrieved 7 November 2018.
- "Landmark TPP-11 passes through House of Representatives". Australian DFAT. 19 September 2018. Retrieved 19 October 2018.
- "TPP passes the Senate, Australian exporters to win: PM Scott Morrison". Australian Financial Review. 17 October 2018. Retrieved 19 October 2018.
- "National Assembly passes resolution ratifying CPTPP". Nhân Dân. 12 November 2018. Retrieved 13 November 2018.
- Vu, Khanh (12 November 2018). "Vietnam becomes seventh country to ratify Trans-Pacific trade pact". Reuters. Retrieved 13 November 2018.
- Elms, Deborah Kay (23 January 2019). "The Unsexy Challenge of CPTPP". Nikkei Asian Review. Retrieved 23 January 2019.
- "News First CPTPP Commission Meeting". 21 January 2019. Retrieved 1 February 2019.
- "Decision by the Commission of the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership regarding Administration for Implementation of the CPTPP" (PDF). 19 January 2019. Retrieved 1 February 2019.
- "Decision by the Commission of the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership regarding Accession Process of the CPTPP" (PDF). 19 January 2019. Retrieved 1 February 2019.
- "Comprehensive and Progressive Agreement for Trans‐Pacific Partnership (CPTPP) Accession Process" (PDF). 19 January 2019. Retrieved 1 February 2019.
- "Decision by the Commission of the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership regarding SSDS Rules of Procedures for Panels" (PDF). 19 January 2019. Retrieved 1 February 2019.
- "RULES OF PROCEDURE UNDER CHAPTER 28 (DISPUTE SETTLEMENT) OF THE COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP" (PDF). 19 January 2019. Retrieved 1 February 2019.
- "ANNEX I CODE OF CONDUCT FOR STATE-STATE DISPUTE SETTLEMENT UNDER CHAPTER 28 (DISPUTE SETTLEMENT) OF THE COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP" (PDF). 19 January 2019. Retrieved 1 February 2019.
- "Decision by the Commission of the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership regarding ISDS Code of Conduct" (PDF). 19 January 2019. Retrieved 1 February 2019.
- "CODE OF CONDUCT FOR INVESTOR-STATE DISPUTE SETTLEMENT UNDER CHAPTER 9 SECTION B (INVESTOR-STATE DISPUTE SETTLEMENT) OF THE COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP" (PDF). 19 January 2019. Retrieved 1 February 2019.
- "Comprehensive and Progressive Agreement for Trans-Pacific Partnership Ministerial Statement Tokyo, Japan, January 19, 2019" (PDF). 19 January 2019. Retrieved 1 February 2019.
- Gregory, Julia (3 January 2018). "Britain exploring membership of the TPP to boost trade after Brexit". The Guardian. ISSN 0261-3077. Retrieved 3 January 2018.
- Lowe, Sam (5 January 2018). "TPP: The UK is having a Pacific pipe dream". Prospect. Retrieved 3 November 2018.
For one, unless we are planning on assigning far greater significance to the Pitcairn Islands (which form the last British overseas territory in the region) the UK is not a Pacific power, so the name of the trade deal would need to change.
- McCurry, Justin (8 October 2018). "UK welcome to join Pacific trade pact after Brexit, says Japanese PM". The Guardian. Retrieved 8 October 2018.
- "Trump: I would reconsider a massive Pacific trade deal if it were 'substantially better'". CNBC. Retrieved 25 January 2018.
- Rowland, Geoffrey (12 April 2018). "Trump to explore entering Pacific trade pact he once called 'a disaster'". TheHill. Retrieved 30 December 2018.
- "Pacific trade pact takes off with tariffs cut in six nations". 30 December 2018. Retrieved 30 December 2018 – via www.reuters.com.
- "US farmers 'helpless' as TPP boosts Aust". SBS News. Retrieved 30 December 2018.
- "President Tsai meets delegation led by US Senate Armed Services Committee Chairman John McCain". President of Taiwan . 5 June 2016.
- "Taiwan will continue CPTPP efforts despite comments by Japan".
- "TPP countries to start accession talks for new members in 2019". The Japan Times. 19 July 2018. Retrieved 1 August 2018.