I have already posted the points of interest contained in the Preamble, namely;
ESTABLISH a comprehensive regional agreement that promotes economic integration to liberalise trade.
BUILD on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization
RECOGNISE further their inherent right to adopt, maintain or modify health care systemsIn the interest of keeping this short (there are several chapters written that apply to each of the 12 signatories specifically), and gleaning the most important points, this was signed February 4th, 2016 and has not yet been implemented.
CHAPTER 1- INITIAL PROVISIONS AND GENERAL DEFINITIONS
- This chapter attempts to build upon authority claimed by the World Trade Organization (implemented from the Marrakesh Agreement 1994) - (headquarters in Geneva and supporters of globalization) which has 164 member countries, citing Article XXIV of GATT 1994 and Article V of GATS, effectively taking their decisions from their community and doing away with each country's sovereignty.
There is much to be stated regarding the criticisms of the WTO, and could by itself, merit an entire investigation to everything they have been accused of. For the purposes of the TPP, it suffices to say that it seeks globalization, and specifically benefits poorer nations in an attempt to standardize wages, laws, and practices throughout each member country. It is written in their policy here:
"
The WTO’s procedure for resolving trade quarrels under the Dispute Settlement Understanding is vital for enforcing the rules and therefore for ensuring that trade flows smoothly."
https://www.wto.org/english/thewto_e/whatis_e/what_we_do_e.htm and from an essay they themselves have chosen, here:
"The paper finds that trade liberalization increases overall welfare and provides firms with both new export markets and new sources of competition. Expanding high-paying firms increase wages to recruit better workers at a faster rate.
Workers in the firms threatened by competition accept wage cuts to delay their employers’ exit from the market and to keep their job. Using firm-worker data from France, the author shows that,
following trade liberalization, inequality initially increases and peaks after three years, but eventually falls back to half of its peak level in the longer term."
https://www.wto.org/english/news_e/news16_e/rese_08sep16_e.htm - Article 1.1: Establishment of a Free Trade Area
This primarily is dealt with in the chapters relating to each country specifically, but in Annex 1-A, specifically names the highest level of government in each country, thereby levying the force of Federal and State law (inclisive of any territories that lie within the country's control) , and wields its (WTO) "authority," over citizens also defined in Annex 1-A, expressing jurisdiction over the aforementioned in the "definitions" content, anywhere the specific matter may arise within the TPP agreement.
https://ustr.gov/sites/default/files/TPP-Final-Text-Initial-Provisions-and-General-Definitions.pdf[/list]
CHAPTER 2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
Means that, "a given level or percentage of goods or services be exported;" thereby guaranteeing participation, whether or not it is what is most beneficial to the exporting nation, as well as waivers of customs duties.
Article 2.6 makes clear, that the TPP is not solely for goods being sold, but services as well, including ship repair (unless it has been previously exempted as it has with Canada), but is an important note, because it lends potential control over the amount of work that can be performed in a country, instead of solely over goods, due to the fact that "performance requirements" can be enforced, and not necessarily by the will or good, of a people in any of the signatory countries, that cede control to an international community.
It also states specifically, that no country may apply a duty to any good that enters the territory temporarily, for the purpose of alteration or repair, thereby, encouraging the export of work to be done, to countries where lower wages are paid.
It goes on to state, that
"repair or alteration does not include an operation or process that transforms an unfinished good into a finished good," which is a misnomer. My own experience from the aerospace industry has given me insight into this.
Raw materials are continuously exported, or even sent directly to countries that make low wages, whereby, all manufacturing operations will be completed, leaving only the precursory "finish inspection" required, to consider it a "finished good." Allows for the duty free import of professional equipment necessary to work in a host country, whilst conducting business activities, specifically mentioning "professional equipment, including equipment for the press or television, software, and broadcasting and cinematographic equipment, that is necessary for carrying out the business activity,
trade or profession of a person who qualifies for temporary entry pursuant to the laws of the importing Party." Which means, that people can also potentially come to your country, replacing the job of a citizen of the same country, and that it has been allowed for.
Article 2.8 Subsection 4 - allows for shipping containers that are "in use or to be used," from anywhere in the world, duty free, and that may be "fully or partially enclosed,"also detailing "more than one mode of transport;" thereby, applying to every mode of transport unless specifically prohibited elsewhere.
There is actually even more in this section to pick apart, such as "what is being imported, and the fact that it enjoys passage to another "exit port," but I don't want to waste too much time on it. The important portions are mentioned.
- Import and Export Restrictions
As listed above in Article 2.8 (I won't mention anything on Article 2.9 - Ad hoc discussions), Article 2.10 allows potentially anything, from anywhere in the world, to be received, duty free, which is perhaps sealed, to which end, "unless otherwise provided in this Agreement, no Party shall adopt or maintain any prohibition or restriction on the importation of any good of another Party or on the exportation or sale for export of any good destined for the territory of another Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis. While Article 2.11 addresses everything covered in Article 2.10 to be in reference to re-manufactured goods, the concerns for security and logistics are staggering.
The potential for abuse from this is disastrous, especially from a security perspective. It also mentions that paragraph 3 is specifically in reference to cryptographic goods that have not specifically been altered for government use, but one wouldn't really know whether it has or not, given the nature of cryptography.
- Openly Seeking to Globalize the Economy in Article 2.18
Committee will be "addressing barriers to trade in goods between parties," which when referenced to Article 2.17, which specifically states that all parties shall be part of the trade in information technology, could lead to problems with high tech jobs being sent abroad, as well as the inherent security risks associated with that.
The Monsanto giant also has managed to have themselves written into the agricultural agreement in Article 2.19:
"modern biotechnology means the application of:
(a)in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (rDNA) and direct injection of nucleic acid into cells or organelles; or
(b)fusion of cells beyond the taxonomic family, that overcome natural physiological reproductive or recombinant barriers and that are not techniques used in traditional breeding and selection; and products of modern biotechnology means agricultural goods, as well as fish and fish products, developed using modern biotechnology, but does not include
medicines and medical products.
All of this means that the WTO is determining who will eat what, through force of law, and not just in reference to fruits and vegetables, but also manipulating fish. It is possible that this could also lead to the mandatory consumption of cloned animals. It also means that they can export this to any member party, without necessarily disclosing the nature of the product meant for human consumption.
It allows party members to export timber, without recording the type of timber being sent. I don't know if this is a huge deal. Potential ramifications could be the mass deforestation of timberland and woodlands.
Interestingly, Vietnam is exempt from having to export timber and in fact, expressly forbids it in their Decree No. 187/2013/ND-CP; yet, the US (and Canada with an almost identical requirement), on the other hand, and again, I am quoting:
"Article 2.3.1 (National Treatment), Article 2.10.1 (Import and Export Restrictions) and Article 2.10.2 shall not apply to:
(a) controls on the export of logs of all species;"
This is a clear case of disparity and probable resource redistribution.
Initially it appears that five of the signatories have no regulations placed on them at all, but are mentioned in other places, such as Australia's own Tariff Schedule,
https://ustr.gov/sites/default/files/TPP-Final-Text-Australia-General-Notes-to-Tariff-Schedule.pdf , which highlights "Australia's commitment to Japan," again, a case of preference between one party member and another, annulling any apparent fairness between all member states, which per WTO guidelines, prohibits any "special favors," but allows it here. This is but one example.
A bulk of Annex 2-D are the equivalent to excel spreadsheets, with Australia's for example, comprising 445 pages of gibberish (numbers), Brunei's is 344 pages of excel spread sheets, stating when they will eliminate tariffs, on a line by line basis.
The general note pages from this chapter are roughly between 3-5 pages of general guidelines (Japan's is 20 pages), leading me to believe that the majority of the legislature is microsoft spreadsheets. I will note this again at the bottom of the article, because it may well prohibit people that might have read the law, to not read it, just based on what they perceive the page count to be.
- Potential Language Issues
Chapter 2 specifically quotes laws written in language other than English, making anyone not fluent in the language the law being referred to is written in, unclear of what the agreement or law actually is.
Why is this important? Any politician that will vote on this legislature, needs to have read the correct translations, in their entirety. It is doubtful that has happened.
Also, should any sitting court ever have to rule on a disagreement, outside of Geneva, they too will have the burden of both translating and studying the law as it pertains to foreign languages and nations. Refer to Annex 2-A of the section:
"to restrictions pursuant to Article 48 of the Hydrocarbons Law (Ley de Hidrocarburos) published in Mexico’s Official Gazette (Diario Oficial de la Federación) on
August 11, 2014, on the exportation from Mexico of the goods provided for in the following items of Mexico’s tariff schedule of the General Import and Export Duties Law (Tarifa de la Ley de los Impuestos Generales de Importación y de Exportación) published in Mexico’s Official Gazette (Diario Oficial de la Federación) on June 18, 2007 and June 29, 2012," and numerous other laws, some of which pertain to hydrocarbon fuels and of which, may give Mexico an advantage over US competitors, should Mexican fuel be sold in the States, without the tax burdens that US suppliers must bear.
Also referencing Decree No. 187/2013/ND-CP (a Vietnamese law) and I quote:
"Nghị định số 187/2013/NĐ-CP của Chính phủ quy định chi tiết thi hành Luật Thương mại về hoạt động mua bán hàng hóa quốc tế và các hoạt động đại lý mua, bán, gia công và quá cảnh hàng hóa với nước ngoài..."
http://www.customs.gov.vn/Lists/VanBanPhapLuat/ViewDetails.aspx?ID=7089The point made is clear.
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The Monsanto portion, the loss of service based and high tech jobs, the mandatory import of loaded shipping containers from anywhere in the world and the mandatory minimum requirements of party members, are all serious concerns.
***NOTE***
A bulk of Annex 2-D are the equivalent to excel spreadsheets, with Australia's for example, comprising 445 pages of gibberish (numbers), Brunei's is 344 pages of excel spread sheets, and Canada's is 257 pages, Chile - 291 pages, Japan - 1133 pages, Malaysia - 347 pages, Mexico - 395 pages, New Zealand - 511 pages, Peru - 214 pages, Singapore - 325 pages, US of A - 386 pages, and Vietnam - 1000 pages, stating when they will eliminate tariffs, on a line by line basis.
Just this accounts for 5648 pages of the legislation, which is nothing more than spreadsheets.
The general note pages from chapter 2 are roughly between 3-5 pages of general guidelines (Japan's is 20 pages), leading me to believe that the majority of the legislature is Microsoft spreadsheets. I will note this again at the bottom of the article, because it may well prohibit people that might have read the law, to not read it, just based on what they perceive the page count to be.
This chapter also codifies the trade in vehicles between Japan, Canada, and the United States, but does not have laws that govern Mexico by title as Japan, Canada and the US have.
Total number of pages covered between the Preamble, Chapter 1 and Chapter 2 = 6134
To recap - 6134 pages of legislation that Clinton is pushing, to send your job somewhere else, and leave Americans and American students without work in the future. That was just the preamble and chapters 1 &2 of the TPP. There are still have 28 chapters to go, not counting the annexes, and have found thus far, that if you live a little better lifestyle in the US, you better get used to a lower standard of living, because that's exactly what is written in the TPP.
This concludes anything I will post of the Preamble, Chapter 1, or Chapter 2.[/list]
Source -
https://ustr.gov/trade-agreements/free-trade-agreements/trans-pacific-partnership/tpp-full-text
