TPP - Chapter 30 - Implementing Provisions

CHAPTER 30

IMPLEMENTATION PROVISIONS

Article 30.1: Annexes and Notes

Annexes and notes attached to this Agreement are an integral part of the Agreement.

Article 30.2: Amendments

The Parties may agree in writing to amend this Agreement. When all the Parties agree to an amendment and the amendment is ratified in accordance with the applicable legal procedures of each Party, such amendment will take effect 60 days after the date the Parties deposit the ratified amendment documents in accordance with the applicable legal procedures of the respective Parties, or on another date agreed by the Parties.

Article 30.3: Amendment to the WTO Agreement

In the event that an amendment to the WTO Agreement alters any provision that the Parties have agreed upon in this Agreement, the Parties will discuss whether to amend this Agreement, unless otherwise provided by this Agreement.

Article 30.4: Accession

1. This Agreement allows for the accession of:- members of the Asia-Pacific Economic Cooperation Forum,- other countries or territories if agreed upon by the Parties,

provided that the country or territory seeking accession has prepared for the implementation of the obligations provided in this Agreement, complies with the terms and conditions agreed between that country or territory and the Parties, and follows the accession procedures in accordance with the applicable legal procedures of each Party and the country or territory seeking accession.

2. Other countries or territories are allowed to join the Agreement by submitting an application for accession to the depositary agency.

3. After receiving the application for accession as per item 2, and in the event the Parties have agreed pursuant to item 1(b), the Committee will establish:- (a) a Working Group to negotiate the terms and conditions of accession. The Committee permits all interested Parties to participate in the Working Group.- (b) After completing its work, the Working Group will report in writing to the Committee. If the Working Group agrees on the terms and conditions of the application for accession, the report content will include the terms and conditions of accession, and a recommendation for the Committee to approve and draft a decision permitting the accession by the Committee.

3bis. Within the scope of item 3:- The Committee's decision is only effective if:- (i) all Parties agree on the establishment of a Working Group to consider the accession, or- (ii) if a Party does not agree on the above issue but does not send a written objection to the establishment of the Working Group within 7 days from the date the Committee raised the issue of establishment.

(b) The decision of the Working Group is only effective if:- (i) all members of the Working Group agree, or- (ii) if a member does not agree but does not send a written objection within 7 days from the date the Working Group raised the issue.

4. If the Committee adopts a decision approving the terms and conditions of accession and permits the applicant country to become a member of the Agreement, the Committee will stipulate the deadline for submitting documents agreeing to the terms and conditions of accession. This deadline may be extended if the Parties agree.

5. A country seeking accession will become a member of the Agreement based on the approved terms and conditions in the Committee's decision:- (a) 60 days after the date the applicant submits documents agreeing to the terms and conditions of accession to the depositary agency; or- (b) from the date all Parties notify the depositary agency that they have completed the applicable legal procedures accordingly.

Article 30.5: Effectiveness

1. This Agreement takes effect 60 days from the date all initial signing Parties notify the depositary agency in writing about the completion of applicable legal procedures.

2. In the case that any Party does not notify the depositary agency in writing about completing the applicable legal procedures in its country within 2 years from the signing date of the Agreement, the Agreement will take effect 60 days from the end of that period provided that at least 6 initial signing Parties notify the depositary agency in writing about completing the applicable legal procedures in their countries before the deadline, as long as these 6 Parties account for at least 85 percent of the gross national product of all initial signing Parties in 2013.

3. In the event that the Agreement does not come into effect according to item 1 or 2, it will take effect 60 days from the date at least 6 initial signing Parties notify the depositary in writing about completing the applicable legal procedures, as long as these 6 Parties account for at least 85 percent of the gross national product of all initial signing Parties in 2013.

4. After the effective date of this Agreement as per item 2 and 3, an initial signing Party for which the Agreement has not yet come into effect will notify the Parties about the completion of its legal procedures and its intention to become a member of the Agreement. Within 30 days from the notification date, the Committee will decide on the effectivity of the Agreement based on the initial signing Party's notification.

5. Unless the Committee and the initial signing Party agree otherwise, this Agreement will come into effect as per Item 4 30 days after the Committee approves the notification.

Article 30.6: Withdrawal from Agreement

1. A Party may withdraw from this Agreement by sending a notification of withdrawal to the depositary agency. The withdrawing Party simultaneously notifies the other Parties through focal point agencies.

2. The notification of withdrawal from the Agreement takes effect 6 months from the date the withdrawing Party notifies the depositary agency pursuant to item 1 unless the Parties agree on another period. If a Party withdraws from the Agreement, this Agreement remains effective for the remaining Parties.

Article 30.7: Depositary Agency

1. The English, Spanish, and French texts of this Agreement will be deposited with the New Zealand depositary agency designated under this Agreement.

2. The depositary agency promptly sends certified copies of the original texts of this Agreement and any amendments thereof to each signatory country and member countries or territories.

3. The depositary agency promptly notifies each signatory country and member countries or territories of the date and provides copies of:- notifications pursuant to Article 30.2 (amendments), Article 30.4.5 (accession), or Article 30.5 (Effectiveness);- applications for accession under Article 30.4.2 (accession);- the submission of an accession document under Article 30.4.4 (accession); and- notifications of withdrawal under Article 30.6 (Withdrawal from Agreement).

Article 30.8: Authentic Texts

The English, Spanish, and French texts of this Agreement are equally authentic. In the event of any inconsistency between the texts, the English text shall prevail.

Note

1 Within the scope of this item, gross national product is determined based on International Monetary Fund data at current prices (USD).

TABLE OF CONTENTS

TPP - Chapter 00 - Preamble

TPP - Chapter 01 - General Definitions and Terms

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

TPP - Chapter 03 - Rules of Origin and Procedures relating to Origin

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 Businesspersons

TPP - Chapter 13 - Telecommunications

TPP - Chapter 14 - E-Commerce

TPP - Chapter 15 - the Government of Vietnam 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 - Implementation Provisions

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