战略与国际研究中心-From-TPP-to-CPTPP_5页_683kb

CPTPP: Unpacking the Suspended Provisions

Core Content

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), formerly known as the Trans-Pacific Partnership (TPP), was formed after the United States withdrew from the original 12-party agreement. The CPTPP includes a set of "suspended" provisions, which are temporarily removed from the agreement, but not permanently deleted. These provisions are not legal advice and are part of an ongoing negotiation process.

Main Changes in the CPTPP

The CPTPP contains two main elements: a nine-page document and the original TPP agreement. The key changes include:

• New Preamble and Procedures: A new preamble, entry into force procedures, and language on withdrawal and accession have been introduced.
• Incorporation of Original Text: The original TPP document is incorporated by reference, with suspended provisions listed in an annex.
• Suspension of Provisions: 19 provisions have been suspended, including some in the intellectual property (IP) chapter, which is the most affected.

Key Suspended Provisions

The suspended provisions are limited in scope and constitute only a small fraction of the overall agreement. Here are the main suspended areas:

• Intellectual Property (Chapter 18):

  • No extension of patent terms if there are delays.
  • Suspension of pharmaceutical patent rules, including the section on biologics and patent test data.
  • Removal of provisions on technological protection measures (TPMs), rights management information, encrypted signals, and safe harbors for internet service providers (ISPs).
  • Copyright term is reset to life of the creator plus 50 years instead of 70 years.

• Trade Facilitation (Chapter 5):

  • One sentence in Article 5.7.1(f) has been suspended, which would have required periodic review of duty thresholds for express shipments.

• Services (Chapter 10):

  • A section on reconsideration in dispute resolution has been suspended.
  • A specific annex (10B) on postal monopolies has been removed, which may have affected express carriers.

• Government Procurement (Chapter 15):

  • A specific reference to labor rights as a condition for participation has been removed.
  • The extension of procurement rules to sub-federal level has been adjusted from 3 to 5 years.

• Transparency (Chapter 26):

  • An annex on medical devices has been adjusted, with one section on national health systems suspended.

What Remains Unchanged

Most of the core provisions of the original TPP remain intact in the CPTPP, including:

• Market Access for Goods, Services, Investment: No changes to the existing schedules or commitments.
• Dispute Settlement: Investor-state dispute settlement (ISDS) and government-to-government dispute resolution remain.
• E-Commerce and Temporary Movement of Business Persons: These chapters are untouched.
• Competition and State-Owned Enterprises: The chapters remain unchanged, with no new restrictions.
• Labor and Environmental Standards: The labor chapter remains, and the environmental chapter has only minor adjustments.

Impact on Firms

• No Loss of Existing Benefits: Firms have not lost any benefits they previously had under the TPP.
• Limited Impact of Suspended Provisions: The suspended elements are not as significant as some commentators suggest.
• Continued Access to US Markets: Despite the US withdrawal, most TPP11 firms still have access to the US due to its generally open market and low tariffs.

Next Steps

• Ratification Process: The CPTPP moves to the ratification phase after signing.
• Entry into Force: Once six signatories complete domestic procedures, the agreement will enter into force within 60 days.
• Preparation for Firms: Companies should start preparing for the agreement's entry into force, as it will set the benchmark for future trade agreements.

Summary Table

Conclusion

The CPTPP, while incorporating some suspended provisions, remains a significant and comprehensive trade agreement. It continues to provide a strong framework for trade and investment among its 11 members, and the changes made are relatively minor compared to the overall agreement. Companies should take advantage of resources like the Asian Trade Centre to understand how the agreement applies to their operations and prepare accordingly.