DOWNLOAD ALL TRADE IN SERVICES AGREEMENT (TISA) DOCUMENTS PUBLISHED BY WIKILEAKS HERE
UPDATED 07/02/2015 (44 PDFs & 1 PNG/RAR/16MB)
Today, WikiLeaks released the secret draft text for the Trade in Services Agreement (TiSA) Financial Services Annex, which covers 50 countries and 68.2%1 of world trade in services. The US and the EU are the main proponents of the agreement, and the authors of most joint changes, which also covers cross-border data flow. In a significant anti-transparency manoeuvre by the parties, the draft has been classified to keep it secret not just during the negotiations but for five years after the TiSA enters into force.
Despite the failures in financial regulation evident during the 2007-2008 Global Financial Crisis and calls for improvement of relevant regulatory structures2, proponents of TiSA aim to further deregulate global financial services markets. The draft Financial Services Annex sets rules which would assist the expansion of financial multi-nationals – mainly headquartered in New York, London, Paris and Frankfurt – into other nations by preventing regulatory barriers. The leaked draft also shows that the US is particularly keen on boosting cross-border data flow, which would allow uninhibited exchange of personal and financial data.
TiSA negotiations are currently taking place outside of the General Agreement on Trade in Services (GATS) and the World Trade Organization (WTO) framework. However, the Agreement is being crafted to be compatible with GATS so that a critical mass of participants will be able to pressure remaining WTO members to sign on in the future. Conspicuously absent from the 50 countries covered by the negotiations are the BRICS countries of Brazil, Russia, India and China. The exclusive nature of TiSA will weaken their position in future services negotiations.
The draft text comes from the April 2014 negotiation round – the sixth round since the first held in April 2013. The next round of negotiations will take place on 23-27 June in Geneva, Switzerland.
Current WTO parties negotiating TISA are: Australia, Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong Kong, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea, Switzerland, Turkey, the United States, and the European Union, which includes its 28 member states Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
China and Uruguay have expressed interest in joining the negotiations but so far are not included.
 Swiss National Center for Competence in Research: A Plurilateral Agenda for Services?: Assessing the Case for a Trade in Services Agreement, Working Paper No. 2013/29, May 2013, p. 10.
 For example, in June 2012 Ecuador tabled a discussion on re-thinking regulation and GATS rules; in September 2009 the Commission of Experts on Reforms of the International Monetary and Financial System, convened by the President of the United Nations and chaired by Joseph Stiglitz, released its final report, stating that “All trade agreements need to be reviewed to ensure that they are consistent with the need for an inclusive and comprehensive international regulatory framework which is conducive to crisis prevention and management, counter-cyclical and prudential safeguards, development, and inclusive finance.”
- On the Wrong Side of Globalization, by Joseph E. Stiglitz, March 15, 2014.
- U.S. Foreign Trade in Services: Trends and Policy Challenges, by the Congressional Research Service, May 15, 2014.
- TiSA versus Public Services, a Public Services International study by Scott Sinclair and Hadrian Mertins-Kirkwood, April 28, 2014.
- Public Citizen’s Finance Regulation Factsheet
- Our World is Not for Sale Factsheet on TiSA
WikiLeaks releases today 17 secret documents from the ongoing TiSA (Trade In Services Agreement) negotiations which cover the United States, the European Union and 23 other countries including Turkey, Mexico, Canada, Australia, Pakistan, Taiwan & Israel — which together comprise two-thirds of global GDP. “Services” now account for nearly 80 per cent of the US and EU economies and even in developing countries like Pakistan account for 53 per cent of the economy. While the proposed Trans-Pacific Partnership (TPP) has become well known in recent months in the United States, the TiSA is the larger component of the strategic TPP-TISA-TTIP ‘T-treaty trinity’. All parts of the trinity notably exclude the ‘BRICS’ countries of Brazil, Russia, India, China and South Africa.
The release coincides with TiSA meetings at the ministerial level at the OECD in Paris today (3–5 June). The ‘T-treaty trinity’ of TPP-TISA-TTIP is also under consideration for collective ‘Fast-Track’ authority in Congress this month. (UPDATE 06/29/2015 Obama Signs Bill Giving Himself Fast-Track Powers for Trade Deals)
The TiSA release today follows the WikiLeaks publication of the secret draft financial services annex of the TISA negotiations on 19 June 2014 showing the aim to further deregulate the financial sector, despite widespread consensus that lack of oversight and regulation was the main cause of the last global financial crisis of 2008. Today’s release confirms the ongoing determination to deregulate. Furthermore, standstill clauses will tie the hands of future governments to implement changes in response to changing environment.
Today’s release is the largest on secret TiSA documents and covers numerous previously undisclosed areas. It contains drafts and annexes on issues such as air traffic, maritime, professional services, e-commerce, delivery services, transparency, domestic regulation, as well as several document on the positions of negotiating parties. WikiLeaks has also published detailed expert analysis of the topics covered in today’s release.
Browse the TiSA documents published by WikiLeaks here.
- Public Services International Statement on WikiLeaks TiSA publication
- Our World Is Not For Sale (OWINFS) network Statement on WikiLeaks TiSA publication
- Communications Workers of America Statement on WikiLeaks TiSA publication
Today, 1500 CEST Wednesday, 1 July 2015, WikiLeaks releases a modern journalistic holy grail: the secret Core Text for the largest ‘trade deal’ in history, the TiSA (Trade In Services Agreement), whose 52 nations together comprise two-thirds of global GDP. The negotiating parties are the United States, the 28 members of the European Union and 23 other countries, including Turkey, Mexico, Canada, Australia, Pakistan, Taiwan and Israel.
Today’s publication happens the week before the next TiSA negotiating round that begins on Monday, 6 July. WikiLeaks is also today publishing the full agenda for next week’s negotiations, which shows that discussions will focus on Financial Services, Telecommunications and the Movement of Natural Persons.
WikiLeaks is also publishing a previously unpublished Annex text – the secret TiSA Annex on Government Procurement. The draft Annex aims to reduce procurement regulation to ensure that TiSA governments will not favour local services over services supplied by foreign multinationals.
WikiLeaks is also publishing the new negotiating texts for three highly controversial TiSA annexes: the annexes on the Movement of Natural Persons, the Domestic Regulation Annex and the Transparency Annex. All three texts include negotiating positions of each of the participant countries in the TiSA negotiations, and illustrate developments from previous versions of the TiSA annexes, also published by WikiLeaks.
WikiLeaks has also released 36 pages of our own expert analysis.
While the proposed Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Pact (TTIP) have become well known in recent months, the TiSA is the largest component of the United States’ strategic neoliberal ‘trade’ treaty triumvirate. Together, the three treaties form not only a new legal order shaped for transnational corporations, but a new economic “grand enclosure”, which excludes China and all other BRICS countries.
According to statements made in April by US Secretary of Defense Ashton Carter, parts of the triumvirate are “as important” to the US engagement with Asia as “another aircraft carrier”. All three treaties have been subject to stringent criticism for the lack of transparency and public consultation in their negotiation processes. TiSA drafts are classified for a period of five years after the completion of the treaty.
According to NSA interceptions of French treasurer Jean-Francois Boittin published by WikiLeaks on Tuesday “Washington is negotiating with every nation that borders China… so as to ‘confront Beijing’.”
The TiSA Core Text shows how this negotiation aims at going beyond the GATS agreement, substantially further restricting what governments can do in services. There are far more extensive criteria for commercial firms, including foreign ones, to force governments to protect their corporate interests. Changes to scheduling bring more services than GATS under two main rules regarding commercial businesses working in foreign jurisdictions: non-discrimination in favour of local companies and market access abilities to not limit the size and shape of foreign companies in the market.
The text also shows TiSA expanding the GATS agreement to include new “disciplines” such as those on domestic regulation, transparency and eCommerce. TiSA is also of great worry to developing countries, a number of whom will be bound by this agreement, as it does not give any of the GATS provisions for them, but instead gives greater protections for foreign growth into the countries, with protections for national services far lesser than GATS’.
Today’s publication of the TiSA Core Text adds to WikiLeaks’ prior publications of numerous secret TiSA annexes. The text reveals the ideological and legal underpinnings of the TiSA, and provides the overarching context for each of the TiSA annexes.
According to World Bank figures, “services” comprise 75% of the EU economy and 80% of the US economy. For a typical developing country like Pakistan, services comprise 53% of its economy. The TiSA covers the majority of the global economy.
Today, Wednesday July 2, 2015 at 1500 CEST, WikiLeaks continues publishing documents from the secret ongoing TiSA (Trade in Services Agremeent) negotiations, with four Chapters in key areas ahead of the next negotiating round on Monday: Electronic Commerce, Telecommunications Services, Financial Services and Maritime Transport Services. All four texts include the confidential negotiating positions for each of the TiSA participating countries. Today WikiLeaks is also publishing detailed analyses on each of these Chapters, totalling 26 pages, explaining how they have changed since previous rounds, also published by WikiLeaks.
The Annexes show a concerted attempt to place restrictions on the ability of participating governments to regulate services sectors, even where regulations are necessary to protect the privacy of domestic populations, the natural environment or the integrity of public services. Today’s TiSA documents follow WikiLeaks publication yesterday of five TiSA negotiating texts including the Core Text, and brings WikiLeaks’ overall total of published secret TiSA texts to 28.