TPP secrecy and Australia
TPP negotiations include: Australia, US, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.
Australian MPs allowed to see top-secret trade deal text but can’t reveal contents for four years
www.theguardian.com, Lenore Taylor | 2 June 2015
The MPs were told that . . . key provisions had not been agreed – including intellectual property clauses of deep concern to the Australian government and controversial legal avenues for corporations to take action against governments – so-called investor state dispute settlements (ISDS). . . .
They were told they could view the current TPP negotiating text on Tuesday “subject to certain confidentiality requirements” and were shown a document they would be required to sign before any viewing. . . .
Among the most controversial provisions of the TPP is the proposed investor state dispute settlement mechanism, which could allow multinational corporations to challenge Australian government policies in international arbitration tribunals, for example plain-packaging laws or environmental or health regulations. . . .
Xenophon said he was also concerned about ISDS, saying “40 years ago Gough Whitlam abolished appeals to the [British] privy council in what was a watershed moment for Australian sovereignty. We now seem to be going back to the colonial era where court cases, not just appeals, will be determined overseas”. . . .
. . . the trade minister, Andrew Robb, insisted “the government will not support outcomes that would increase the prices of medicines . . . ”.
Secrecy document Australian politicians were required to sign
1. I will not divulge any of the text or information obtained in the briefing to any party.
2. I will not copy, transcribe or remove the negotiating text. . . .
I therefore agree that these confidentiality requirements shall apply for four years after entry into force of the TPP, or if no agreement enters into force, for four years after the last round of negotiations. . . .
So much for democracy!
Trans-Pacific Partnership treaty: Advanced Investment Chapter working document for all 12 nations (January 20, 2015 draft) www.wikileaks.org, WikiLeaks release: March 25, 2015
Derived from: Classification Guidance
dated March 4, 2010
Reason: 1.4(b)
Declassify on: Four years from entry into force of the TPP agreement or, if no agreement enters into force, four years from the close of the negotiations.* This document must be protected from unauthorized disclosure, but may be mailed or transmitted over unclassified e-mail or fax, discussed over unsecured phone lines, and stored on unclassified computer systems. It must be stored in a locked or secured building, room, or container
Update from August, 2015:
Australia walks away from Trans-Pacific Partnership trade deal talks
www.theguardian.com, Australian AP & Reuters | 1 August 2015
The trade minister, Andrew Robb, confirmed that a conclusion was not be reached on the $200bn deal during the latest round of negotiations in Hawaii. . . .
From 2012:
Trans-Pacific trade negotiations ‘on track’
www.theage.com.au, Chris Zappone | 9 March 2012
Australia’s chief negotiator Hamish McCormick refused to offer a date for its completion but said that the 11th round of talks brought substantial progress in the areas of regulatory adherence, the deepening of regional supply chains and the promotion of development. . . .
ISDS allow businesses foreign businesses to have the option of dealing with legal issues in courts outside the country where the dispute arises, in effect sidestepping the local courts.
Another key sticking point is intellectual property rights related to medical technology . . .