Overview of State of Play on TPPA Jane Kelsey TPPA Workshop Wellington, 20 December 2011

What is the Trans Pacific Partnership? ‘Agreement for 21 st century’ - aims to reach further behind the border than any other FTA 9 countries: Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, US, Vietnam 3 want to join: Japan, Canada, Mexico Effectively US + 8 countries as any deal must be approved by US Congress

Objectives Commercial: market access for commodities - but most are highly liberalised & many FTAs among the parties Key commercial priorities: Investment, intellectual property rights, ‘transparency’, ‘regulatory coherence’, competition/state assisted entities

Strategic: ‘gold standard’ agreement as basis for Free Trade Area of Asia Pacific with China, India, Korea, Japan Geopolitical: ‘American political century’: revive hegemony through military and economic presence as counterpoint to China All objectives rely on US agreement to TPPA text

Negotiating Timeline 2005‘P-4’ between NZ, Chile, Brunei, Singapore 2008Bush said US would join P4 Late party talks announced at APEC June 2010First round of negotiations … Dec th negotiating round in Auckland Nov 2011APEC Leaders’ meeting in Honolulu mid-2012Goal to complete draft texts Parallel track for Japan, Canada, Mexico End 2012Goal to complete negotiations 2012US presidential election year ….

Major issues in TPPA negotiations Internet & copyright Health policies (insurance, meds, blood, ACC, PPPs) Rights to invest and investor protections from new laws ‘Transparency’ & Investor-state dispute powers Agriculture market access: dairy (NZ) & sugar (Australia) Quarantine, GM and food labelling Financial stability & capital flows Labour and environment rules Government procurement Pro-market domestic regulation

Issues for Sovereignty & Democracy The text remains secret until the deal is signed Documents secret 4 years after The agreement is forever, unless party withdraws Very difficult to change rules or obligations Obligations are enforceable by other TPPA states and directly by their corporate investors Investors have a right to take part in policy advice Very limited flexibility in a crisis or disaster, or if 21 st century requires something different

International Strategies

International campaign Listserves: TPP-Allies; Core TPP Weekly Core TPP strategy calls: Aust, US, NZ, Malaysia Specialist sub-groups: tobacco, labour, investment ‘Stakeholder’ events at rounds Specialist papers, draft texts, analyses International sign on letters: Sectors: meds, unions, investment disclosure of texts; release of secrecy MoU request for urgent intervention by UN Special Rapporteur on Health Websites

NZ Initiatives Petitions: release the text sign on (750+); Select Committee hearing; release of MoU Public meetings: Murray CAFCA; Wellington action group; Jane GPJA, Waitangi; Protests: Auckland round, Wellington group Sector meetings: public health meetings IP: networks Media: Opeds, press releases, specialist publicns, Scoop PQs: Greens Request for NZ Human Rights Commission Audit

Tentative schedule for Jan – 4 Feb: San Diego“intersessional” on IP (GM & GI) Feb: US “intersessional” environment 1-9 March 2012: Australia formal round 9 April week: IP intersessional, ??? where 8-16 May: full round, Dallas/Honolulu Early June: intersessional IP, ? Where Early June: APEC Trade Ministers, Russia 2-10 July: full round, maybe Auckland TBC 24 September week: full round NZ or Singapore???? 3-12 December; Brunei full round