TPP - Chapter 27 - Administrative and Institutional Provisions

CHAPTER 27

ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS

Article 27.1: Establishment of the Trans-Pacific Partnership Agreement Commission

The Parties establish a Trans-Pacific Partnership Agreement Commission (TPP Commission) to organize ministerial or senior official meetings as agreed by the Parties. Each Party is responsible for the composition of its own delegation.

Article 27.2: Functions of the TPP Commission

1. The TPP Commission shall:

(a) review all matters related to the implementation or operation of this Agreement;

(b) review the economic relationships and partnership among the Parties within 3 years from the effective date of this Agreement and subsequently at least once every 5 years;

(c) consider amendments to this Agreement;

(d) oversee the work of all committees and Working Groups established under this Agreement;

(e) establish model rules of procedure for arbitration tribunals as provided in Articles 28.11.2 and 28.12, and amend such model rules of procedure for arbitration tribunals;

(f) consider ways to promote trade and investment among the Parties;

(g) review the list of panelists as provided in Article 28.10 every 3 years and establish a new list if appropriate; and

(h) consider the effectiveness of this Agreement for an initial signatory Party that has sent notice under Article 30.5.1(4) (Entry into Force).

2. The TPP Commission may:

(a) establish or review matters related to or brought by a dispute over the arbitration, standing committees or Working Groups;

(b) merge or dissolve sub-entities established under this Agreement to enhance the functionality of this Agreement;

(c) review and approve one of the following changes upon completion of necessary legal procedures of each Party:

(i) the tariff schedule specified in Annex 2-D (Elimination of Customs Duties) by accelerating the elimination of customs duties;(ii) rules of origin under Annex 3-D (Specific Rules of Origin); or(iii) lists of entities and goods, services, and threshold values in procurement as specified in the Annex of each Party attached to Chapter 15 (Government Procurement).

(d) strengthen agreements to implement this Agreement;

(e) seek to resolve disagreements or disputes that may arise related to the interpretation or application of this Agreement;

(f) interpret the provisions of this Agreement;

(g) request consultation from individuals or non-governmental organizations on matters within the functions of the TPP Commission; and

(h) perform other functions as agreed by the Parties.

3. Based on clause 1(b), the TPP Commission will assess the activities of this Agreement to update and improve it, through negotiations where appropriate, to ensure that the principles outlined in this Agreement are linked to the trade and investment challenges faced by the Parties.

4. When conducting a review as per clause 3, the TPP Commission will assess the following:

(a) work of all committees, Working Groups, and other sub-entities established under this Agreement;(b) developments related to international forums; and(c) consultations from individuals or non-governmental organizations of the Parties, if appropriate.

Article 27.3: Decision-Making

1. The TPP Commission and the sub-entities established under this Agreement shall make decisions by consensus, unless otherwise provided in the Agreement or decided by the Parties. Unless stated otherwise in this Agreement, the TPP Commission or sub-entities are deemed to have acted by consensus if no Party present at the meeting objects to the decision being considered.

2. Regarding Article 27.2.2(f) (Functions of the TPP Commission), decisions of the TPP Commission shall apply when all Parties agree. A decision shall apply if a Party disagrees with the issue raised by the TPP Commission but does not submit written objection to the interpretation of the TPP Commission within 5 days from the date of review.

Article 27.4: Rules of Procedure of the TPP Commission

1. Within one year from the effective date of this Agreement, the TPP Commission shall hold meetings, and subsequent meetings shall be as agreed by the Parties, also when necessary to perform its functions under Article 27.2. Each Party shall alternately chair the meetings of the TPP Commission.

2. The Party chairing the TPP Commission meeting shall provide the necessary administrative support for that session and send notifications of the TPP Commission’s decisions to the Parties.

3. Unless otherwise provided in this Agreement, the TPP Commission and sub-entities established under this Agreement shall conduct their work through any appropriate means, which may include emails, video conferences, or other means.

4. The TPP Commission and sub-entities established under this Agreement may establish their rules of procedure to conduct their work.

Article 27.5: Contact Points

1. Each Party shall designate a contact point to maintain communication among the Parties on any matter under this Agreement and other liaison agencies as required by this Agreement.

2. Each Party shall notify their contact points to the other Parties within 60 days from the effective date of this Agreement for that Party. Each Party shall notify their contact points to Parties with a later effective date but no later than 30 days from the date the other Party notifies their contact points.

Article 27.6: Administration of Dispute Resolution Procedures

1. Each Party shall:

(a) designate an office responsible for providing administrative support to arbitration tribunals established under Chapter 28 (Dispute Resolution) for conducting proceedings if it is a disputing Party and performing related functions authorized by the TPP Commission; and

(b) notify the other Parties of the location of the designated office.

2. Each Party shall be responsible for the operations and costs of the designated office.

Article 27.7: Reporting on the Implementation of Transition Measures

1. At every regular meeting of the TPP Commission, any Party with a specific transition period for any obligation under this Agreement shall report on the plan and progress of implementing those obligations.

2. Additionally, each Party shall report in writing to the TPP Commission on the plan and progress of implementing each obligation as follows:

(a) If the transition period is three years or less, Parties shall report in writing six months before the end of the transition period;

(b) If the transition period is more than three years, Parties shall report in writing annually on the effective date of this Agreement starting from the third year and six months before the end of the transition period.

3. The Parties may request additional information related to the progress of implementing this Agreement. The requested Party must respond promptly to that request.

4. No later than the expiration date of the transition period, the Party applying the transition period shall notify the other Parties in writing of the measures to implement the obligation.

5. If a Party fails to send the notification, the issue will automatically be included in the agenda for the next regular meeting of the TPP Commission. Moreover, Parties may request an immediate meeting of the TPP Commission through appropriate means.

Notes

1. Chile will perform the functions of the TPP Commission through Acuerdos de Ejecución in accordance with Article 54, clause 1(4) of the Constitution of Chile (Constitución Política de la República de Chile).

2. For clarification, any substitute decision by the Parties shall apply if the Parties agree.

TABLE OF CONTENTS

TPP - Chapter 00 - Preamble

TPP - Chapter 01 - General Provisions and Definitions

TPP - Chapter 02 - National Treatment and Market Access for Goods

TPP - Chapter 03 - Rules of Origin and Origin Procedures

TPP - Chapter 04 - Textiles and Apparel

TPP - Chapter 05 - Customs Administration and Trade Facilitation

TPP - Chapter 06 - Trade Remedies

TPP - Chapter 07 - Sanitary and Phytosanitary Measures

TPP - Chapter 08 - Technical Barriers to Trade

TPP - Chapter 09 - Investment

TPP - Chapter 10 - Cross-Border Trade in Services

TPP - Chapter 11 - Financial Services

TPP - Chapter 12 - Temporary Entry for Business Persons

TPP - Chapter 13 - Telecommunications

TPP - Chapter 14 - Electronic Commerce

TPP - Chapter 15 - Government Procurement

TPP - Chapter 16 - Competition Policy

TPP - Chapter 17 - State-Owned Enterprises and Designated Monopolies

TPP - Chapter 18 - Intellectual Property

TPP - Chapter 19 - Labor

TPP - Chapter 20 - Environment

TPP - Chapter 21 - Cooperation and Capacity Building

TPP - Chapter 22 - Competitiveness and Business Facilitation

TPP - Chapter 23 - Development

TPP - Chapter 24 - Small and Medium Enterprises

TPP - Chapter 25 - Regulatory Coherence

TPP - Chapter 26 - Transparency and Anti-Corruption

TPP - Chapter 27 - Administrative and Institutional Provisions

TPP - Chapter 28 - Dispute Settlement

TPP - Chapter 29 - Exceptions and General Provisions

TPP - Chapter 30 - Final Provisions

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