DOWNLOAD ALL TRANS-PACIFIC PARTNERSHIP (TPP) DOCUMENTS PUBLISHED BY WIKILEAKS HERE
UPDATED 06/10/2015 (8 PDFs/5 JPG&PNG/RAR/4MB)
Today, 13 November 2013, WikiLeaks released the secret negotiated draft text for the entire TPP (Trans-Pacific Partnership) Intellectual Property Rights Chapter. The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 per cent of the world’s GDP. The WikiLeaks release of the text comes ahead of the decisive TPP Chief Negotiators summit in Salt Lake City, Utah, on 19-24 November 2013. The chapter published by WikiLeaks is perhaps the most controversial chapter of the TPP due to its wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents. Significantly, the released text includes the negotiation positions and disagreements between all 12 prospective member states.
The TPP is the forerunner to the equally secret US-EU pact TTIP (Transatlantic Trade and Investment Partnership), for which President Obama initiated US-EU negotiations in January 2013. Together, the TPP and TTIP will cover more than 60 per cent of global GDP. Both pacts exclude China.
Since the beginning of the TPP negotiations, the process of drafting and negotiating the treaty’s chapters has been shrouded in an unprecedented level of secrecy. Access to drafts of the TPP chapters is shielded from the general public. Members of the US Congress are only able to view selected portions of treaty-related documents in highly restrictive conditions and under strict supervision. It has been previously revealed that only three individuals in each TPP nation have access to the full text of the agreement, while 600 ’trade advisers’ – lobbyists guarding the interests of large US corporations such as Chevron, Halliburton, Monsanto and Walmart – are granted privileged access to crucial sections of the treaty text.
The TPP negotiations are currently at a critical stage. The Obama administration is preparing to fast-track the TPP treaty in a manner that will prevent the US Congress from discussing or amending any parts of the treaty. Numerous TPP heads of state and senior government figures, including President Obama, have declared their intention to sign and ratify the TPP before the end of 2013.
WikiLeaks’ Editor-in-Chief Julian Assange stated: “The US administration is aggressively pushing the TPP through the US legislative process on the sly.” The advanced draft of the Intellectual Property Rights Chapter, published by WikiLeaks on 13 November 2013, provides the public with the fullest opportunity so far to familiarise themselves with the details and implications of the TPP.
The 95-page, 30,000-word IP Chapter lays out provisions for instituting a far-reaching, transnational legal and enforcement regime, modifying or replacing existing laws in TPP member states. The Chapter’s subsections include agreements relating to patents (who may produce goods or drugs), copyright (who may transmit information), trademarks (who may describe information or goods as authentic) and industrial design.
The longest section of the Chapter – ’Enforcement’ – is devoted to detailing new policing measures, with far-reaching implications for individual rights, civil liberties, publishers, internet service providers and internet privacy, as well as for the creative, intellectual, biological and environmental commons. Particular measures proposed include supranational litigation tribunals to which sovereign national courts are expected to defer, but which have no human rights safeguards. The TPP IP Chapter states that these courts can conduct hearings with secret evidence. The IP Chapter also replicates many of the surveillance and enforcement provisions from the shelved SOPA and ACTA treaties.
The consolidated text obtained by WikiLeaks after the 26-30 August 2013 TPP meeting in Brunei – unlike any other TPP-related documents previously released to the public – contains annotations detailing each country’s positions on the issues under negotiation. Julian Assange emphasises that a “cringingly obsequious” Australia is the nation most likely to support the hardline position of US negotiators against other countries, while states including Vietnam, Chile and Malaysia are more likely to be in opposition. Numerous key Pacific Rim and nearby nations – including Argentina, Ecuador, Colombia, South Korea, Indonesia, the Philippines and, most significantly, Russia and China – have not been involved in the drafting of the treaty.
In the words of WikiLeaks’ Editor-in-Chief Julian Assange, “If instituted, the TPP’s IP regime would trample over individual rights and free expression, as well as ride roughshod over the intellectual and creative commons. If you read, write, publish, think, listen, dance, sing or invent; if you farm or consume food; if you’re ill now or might one day be ill, the TPP has you in its crosshairs.”
Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei.
On 13 November 2013 WikiLeaks released the draft text of the crucial Trans-Pacific Partnership Agreement (TPP) Intellectual Property chapter during the lead-up to a TPP chief negotiators’ meeting in Salt Lake City on 19-24 November 2013. Today, 9 December 2013, WikiLeaks has released two more secret TPP documents that show the state of negotiations as the twelve TPP countries began supposedly final negotiations at a trade ministers’ meeting in Singapore this week.
One document describes deep divisions between the United States and other nations, and “great pressure” being exerted by the US negotiators to move other nations to their position. The other document lists, country-by-country, the many areas of disagreement remaining. It covers intellectual property and thirteen other chapters of the draft agreement. This suggests that the TPP negotiations can only be concluded if the Asia-Pacific countries back down on key national interest issues, otherwise the treaty will fail altogether.
Today, 15 January 2014, WikiLeaks released the secret draft text for the entire TPP (Trans-Pacific Partnership) Environment Chapter and the corresponding Chairs’ Report. The TPP transnational legal regime would cover 12 countries initially and encompass 40 per cent of global GDP and one-third of world trade. The Environment Chapter has long been sought by journalists and environmental groups. The released text dates from the Chief Negotiators’ summit in Salt Lake City, Utah, on 19-24 November 2013.
The Environment Chapter covers what the Parties propose to be their positions on: environmental issues, including climate change, biodiversity and fishing stocks; and trade and investment in ‘environmental’ goods and services. It also outlines how to resolve enviromental disputes arising out of the treaty’s subsequent implementation. The draft Consolidated Text was prepared by the Chairs of the Environment Working Group, at the request of TPP Ministers at the Brunei round of the negotiations.
When compared against other TPP chapters, the Environment Chapter is noteworthy for its absence of mandated clauses or meaningful enforcement measures. The dispute settlement mechanisms it creates are cooperative instead of binding; there are no required penalties and no proposed criminal sanctions. With the exception of fisheries, trade in ‘environmental’ goods and the disputed inclusion of other multilateral agreements, the Chapter appears to function as a public relations exercise.
Julian Assange, WikiLeaks’ publisher, stated: “Today’s WikiLeaks release shows that the public sweetner in the TPP is just media sugar water. The fabled TPP environmental chapter turns out to be a toothless public relations exercise with no enforcement mechanism.”
The Chairs’ Report of the Environment Working Group also shows that there are still significant areas of contention in the Working Group. The report claims that the draft Consolidated Text displays much compromise between the Parties already, but more is needed to reach a final text. The main areas of contention listed include the role of this agreement with respect to multilateral environmental agreements and the dispute resolution process.
The documents date from 24 November 2013 ─ the end of the Salt Lake City round. They were requested by the Ministers of the TPP after the August 2013 Brunei round. The Consolidated Text was designed to be a “landing zone” document to further the negotiations quickly and displays what the Chairs say is a good representation of all Parties’ positions at the time. The WikiLeaks Consolidated Text and corresponding Chairs’ Report show that there remains a lot of controversy and disagreement within the Working Group. The Consolidated Text published by WikiLeaks is not bracketed, as per the IP Chapter released in November 2013, as it is drafted by the Chairs of the Working Group at their responsibility. Instead, the accompanying Chairs’ Report provides commentary on the draft Consolidated Text and is the equivalent of bracketed disagreements for the countries that have not agreed on certain Articles, and provides their positions.
Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei. This is the third in the series of Secret Trans-Pacific Partnership Agreement (TPP) leaks published by WikiLeaks.
Today, Thursday 16 October 2014, WikiLeaks released a second updated version of the Trans-Pacific Partnership (TPP) Intellectual Property Rights Chapter. The TPP is the world’s largest economic trade agreement that will, if it comes into force, encompass more than 40 per cent of the world’s GDP. The IP Chapter covers topics from pharmaceuticals, patent registrations and copyright issues to digital rights. Experts say it will affect freedom of information, civil liberties and access to medicines globally. The WikiLeaks release comes ahead of a Chief Negotiators’ meeting in Canberra on 19 October 2014, which is followed by what is meant to be a decisive Ministerial meeting in Sydney on 25–27 October.
Despite the wide-ranging effects on the global population, the TPP is currently being negotiated in total secrecy by 12 countries. Few people, even within the negotiating countries’ governments, have access to the full text of the draft agreement and the public, who it will affect most, none at all. Large corporations, however, are able to see portions of the text, generating a powerful lobby to effect changes on behalf of these groups and bringing developing country members reduced force, while the public at large gets no say. Julian Assange, WikiLeaks’ Editor-in-Chief, said:
The selective secrecy surrounding the TPP negotiations, which has let in a few cashed-up megacorps but excluded everyone else, reveals a telling fear of public scrutiny. By publishing this text we allow the public to engage in issues that will have such a fundamental impact on their lives.
The 77-page, 30,000-word document is a working document from the negotiations in Ho Chi Minh City, Vietnam, dated 16 May 2014, and includes negotiator’s notes and all country positions from that period in bracketed text. Although there have been a couple of additional rounds of talks since this text, little has changed in them and it is clear that the negotiations are stalling and that the issues raised in this document will be very much on the table in Australia this month.
The last time the public got access to the TPP IP Chapter draft text was in November 2013 when WikiLeaks published the 30 August 2013 bracketed text. Since that point, some controversial and damaging areas have had little change; issues surrounding digital rights have moved little. However, there are significant industry-favouring additions within the areas of pharmaceuticals and patents. These additions are likely to affect access to important medicines such as cancer drugs and will also weaken the requirements needed to patent genes in plants, which will impact small farmers and boost the dominance of large agricultural corporations like Monsanto.
Nevertheless, some areas that were highlighted after WikiLeaks’ last IP Chapter release have seen alterations that reflect the controversy; surgical method patents have been removed from the text. Doctors’ groups said this was vitally important for allowing doctors to engage in medical procedures without fear of a lawsuit for providing the best care for their patients. Opposition is increasing to remove the provision proposed by the US and Japan that would require granting of patents for new drugs that are slightly altered from a previous patented one (evergreening), a technique by the pharmaceutical industry to prolong market monopoly.
The new WikiLeaks release of the May 2014 TPP IP text also has previously unseen addendums, including a new proposal for different treatment for developing countries, with varying transition periods for the text to take force. Whilst this can be viewed as an attempt to ease the onus of this harsh treaty on these countries, our diplomatic sources say it is a stalling tactic. The negative proposals within the agreement would still have to come into force in those countries, while the governments that brought them in would have changed.
Despite the United States wanting to push to a resolution within the TPP last year, this bracketed text shows there is still huge opposition and disagreement throughout the text. At this critical moment the negotiations have now stalled, and developing countries are giving greater resistance. Despite the huge lobbying efforts, and many favourable proposals for big pharmaceutical companies, they are not getting entirely what they wish for either. Julian Assange said:
The lack of movement within the TPP IP Chapter shows that this only stands to harm people, and no one is satisfied. This clearly demonstrates that such an all-encompassing and divisive trade agreement is too damaging to be brought into force. The TPP should stop now.
Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei.
WikiLeaks releases today the “Investment Chapter” from the secret negotiations of the TPP (Trans-Pacific Partnership) agreement. The document adds to the previous WikiLeaks publications of the chapters for Intellectual Property Rights (November 2013) and the Environment (January 2014).
The TPP Investment Chapter, published today, is dated 20 January 2015. The document is classified and supposed to be kept secret for four years after the entry into force of the TPP agreement or, if no agreement is reached, for four years from the close of the negotiations.
Julian Assange, WikiLeaks editor said: “The TPP has developed in secret an unaccountable supranational court for multinationals to sue states. This system is a challenge to parliamentary and judicial sovereignty. Similar tribunals have already been shown to chill the adoption of sane environmental protection, public health and public transport policies.”
Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei. The TPP is the largest economic treaty in history, including countries that represent more than 40 per cent of the world´s GDP.
The Investment Chapter highlights the intent of the TPP negotiating parties, led by the United States, to increase the power of global corporations by creating a supra-national court, or tribunal, where foreign firms can “sue” states and obtain taxpayer compensation for “expected future profits”. These investor-state dispute settlement (ISDS) tribunals are designed to overrule the national court systems. ISDS tribunals introduce a mechanism by which multinational corporations can force governments to pay compensation if the tribunal states that a country’s laws or policies affect the company’s claimed future profits. In return, states hope that multinationals will invest more. Similar mechanisms have already been used. For example, US tobacco company Phillip Morris used one such tribunal to sue Australia (June 2011 – ongoing) for mandating plain packaging of tobacco products on public health grounds; and by the oil giant Chevron against Ecuador in an attempt to evade a multi-billion-dollar compensation ruling for polluting the environment. The threat of future lawsuits chilled environmental and other legislation in Canada after it was sued by pesticide companies in 2008/9. ISDS tribunals are often held in secret, have no appeal mechanism, do not subordinate themselves to human rights laws or the public interest, and have few means by which other affected parties can make representations.
The TPP negotiations have been ongoing in secrecy for five years and are now in their final stages. In the United States the Obama administration plans to “fast-track” the treaty through Congress without the ability of elected officials to discuss or vote on individual measures. This has met growing opposition as a result of increased public scrutiny following WikiLeaks’ earlier releases of documents from the negotiations.
The TPP is set to be the forerunner to an equally secret agreement between the US and EU, the TTIP (Transatlantic Trade and Investment Partnership).
Negotiations for the TTIP were initiated by the Obama administration in January 2013. Combined, the TPP and TTIP will cover more than 60 per cent of global GDP. The third treaty of the same kind, also negotiated in secrecy is TISA, on trade in services, including the financial and health sectors. It covers 50 countries, including the US and all EU countries. WikiLeaks released the secret draft text of the TISA’s financial annex in June 2014.
All these agreements on so-called “free trade” are negotiated outside the World Trade Organization’s (WTO) framework. Conspicuously absent from the countries involved in these agreements are the BRICs countries of Brazil, Russia, India and China.
Read the Analysis by Public Citizen on TPP Investment Chapter here
Today, Wednesday 10 June 2015, WikiLeaks publishes the Healthcare Annex to the secret draft “Transparency” Chapter of the Trans-Pacific Partnership Agreement (TPP), along with each country’s negotiating position. The Healthcare Annex seeks to regulate state schemes for medicines and medical devices. It forces healthcare authorities to give big pharmaceutical companies more information about national decisions on public access to medicine, and grants corporations greater powers to challenge decisions they perceive as harmful to their interests.
Expert policy analysis, published by WikiLeaks today, shows that the Annex appears to be designed to cripple New Zealand’s strong public healthcare programme and to inhibit the adoption of similar programmes in developing countries. The Annex will also tie the hands of the US Congress in its ability to pursue reforms of the Medicare programme.
The draft is restricted from release for four years after the passage of the TPP into law.
The TPP is the world’s largest economic trade agreement that will, if it comes into force, encompass more than 40 per cent of the world’s GDP. Despite the wide-ranging effects on the global population, the TPP and the two other mega-agreements that make up the “Great Treaty”, (the TiSA and the TTIP), which all together cover two-thirds of global GDP, are currently being negotiated in secrecy. The Obama administration is trying to gain “Fast-Track” approval for all three from the US House of Representatives as early as tomorrow, having already obtained such approval from the Senate. (UPDATE 06/29/2015 Obama Signs Bill Giving Himself Fast-Track Powers for Trade Deals)
Julian Assange, WikiLeaks publisher, said:
It is a mistake to think of the TPP as a single treaty. In reality there are three conjoined mega-agreements, the TiSA, the TPP and the TTIP, all of which strategically assemble into a grand unified treaty, partitioning the world into the west versus the rest. This “Great Treaty” is descibed by the Pentagon as the economic core to the US military’s “Asia Pivot”. The architects are aiming no lower than the arc of history. The Great Treaty is taking shape in complete secrecy, because along with its undebated geostrategic ambitions it locks into place an aggressive new form of transnational corporatism for which there is little public support.
Few people, even within the negotiating countries’ governments, have access to the full text of the draft agreement and the public, who it will affect most, have none at all. Hundreds of large corporations, however, have been given access to portions of the text, generating a powerful lobby to effect changes on behalf of these groups. WikiLeaks has launched a campaign to crowd-source a $100,000 reward for the rest of the TPP, which at time of press had raised $62,000.
Read the Analysis by Dr Deborah Gleeson (Australia) on TPP Transparency for Healthcare Annex here
Read the Analysis by Professor Jane Kelsey (New Zealand) on TPP Transparency for Healthcare Annex here
Read the Analysis by Public Citizen on TPP Transparency for Healthcare Annex here
Read the Statement by Public Citizen on TPP Transparency for Healthcare Annex here
America’s most wanted secret. The TPP is a multi-trillion dollar international treaty that is being negotiated in secret by the US, Australia, Canada, Japan, Mexico and others. This massive agreement has 29 chapters, of which 26 are still secret. It covers 40% of global GDP and is the largest agreement of its kind in history. The treaty aims to create a new international legal regime that will allow transnational corporations to bypass domestic courts, evade environmental protections, police the internet on behalf of the content industry, limit the availability of affordable generic medicines, and drastically curtail each country’s legislative sovereignty. US Senator Elizabeth Warren has said “[They] can’t make this deal public because if the American people saw what was in it, they would be opposed to it.” Over the last two years WikiLeaks has published three chapters of this super-secret global deal, despite unprecedented efforts by negotiating governments to keep it under wraps. The remaining 26 chapters of the deal are closely held by negotiators and the big corporations that have been given privileged access. The TPP is also noteworthy as the icebreaker agreement for the proposed ‘T-treaty triad’ of TPP-TISA-TTIP which would see TPP style rules placed on 53 nations, 1.6 billion people and 2/3rds of the global economy.