[CTC] Country-specific info on ratifying the TPP

Fri Feb 5 05:04:09 PST 2016

Country-by-country tidbits on the TPP ratification process.  FWIW, while Malaysia has voted to “endorse” the TPP, it still needs to pass implementing legislation.  See second article below.

Washington Trade Daily
Volume 25, Number 26 Friday, February 5, 2016

Ratifying TPP

Signing the TransPacific Partnership agreement this week marks the start of what could be a long
– and contentious at times – ratification process by each of the 12 member countries (WTD, 2/4/16).
New Zealand Prime Minister John Key – who hosted the signing ceremony in Auckland on
Wednesday – acknowledged that the trade deal has a long road ahead of it yet. The TPP “is still just a
piece of paper until it comes into force,” he said just moments after the trade ministers formally signed
the document.

“Now we need to complete our respective domestic processes so we can ratify this agreement.”
Malaysia has already completed its ratification process. The TPP sailed through Malaysia’s
legislature last week – before the agreement was formally signed.

Several other countries expect to submit the agreement to their legislatures for consideration next
week. Most of the trade ministers who signed the agreement predicted their countries would approve the
TPP before the end of this year.

President Obama has said he wants to see Congress approve TPP this year. But it faces a tough
battle on Capitol Hill, where a number of senior lawmakers have raised concerns about aspects of the
agreement. But US Trade Representative Michael Froman told reporters following the signing
ceremony that while the Administration has some work to do, he is “confident” Congress will ultimately
approve the TPP.

Speaking yesterday at a program sponsored by American University, Peruvian Ambassador
Louis Miguel Castilla predicted that all 12 countries will eventually approve the agreement. The
question, he said, is how long it will take.

Country-by Country

At the Auckland press conference trade ministers from the 11 other TPP countries explained the
ratification process for each of their countries –

! Australia – will table the agreement next week in Parliament, where it will be considered
as a treaty. The Joint Standing Committee on Treaties will start public hearings before the end of the
month, a process that will take two to three months. The committee will issue a report that will be
considered by Parliament. Australian Trade Minister Andrew Rob said he anticipates ratification would
be completed sometime in the second half of the year.

! Brunei – ratification occurs at the executive level and not through the legislature. But the
agreement will require changes to some of Brunei’s laws, which will have to go through the Legislative
Council, according to Second Minister of Foreign Affairs and Trade Lim Jock Seng.

! Canada – has gone through a change of Administrations since the TPP was completed
last year. The new Trudeau government will consult with stakeholders and hold a parliamentary debate
before ratification. The Parliamentary Committee on Trade, which is just being stood up, will begin the
process by undertaking a full study of the agreement. International Trade Minister Chrystia Freeland
offered no predictions on how quickly ratification might happen.

! Chile – TPP must be considered by the national legislature. Minister of Foreign Affairs
Heraldo Munoz predicted there will be a “robust debate.” Timing is unclear because the legislative body
already has a “very full agenda.” But he said ratification will happen “for sure” this year.

! Japan – the Abe Administration plans to submit implementing legislation to the Diet
promptly for ratification, according to Shuichi Takatori, senior vice minister of the Cabinet Office.

! Malaysia – the government opted to send the TPP to Parliament last week even though
treaties normally do not go to the legislature, International Trade and Industry Minister Datuk Seri
Mustapa Mohamed said. It was overwhelmingly approved by both the lower and upper houses. But
there will still be challenges in the coming months as the government seeks legislative approval to change
some domestic laws.

! Mexico – only the Senate is required to vote on the TPP because it is considered a treaty.
The government plans to submit the agreement to the Senate almost immediately, Minister of Economy
Ildefonso Guajardo said. He believes the agreement could get a vote in the Senate before the end of the
year.

! New Zealand – Prime Minister Key said he plans to submit to Parliament for
consideration a National Interest Analysis on TPP. The Foreign Affairs and Defence Committee must
consider the report. Once the analysis is accepted, TPP legislation is introduced to Parliament and
referred to the committee for consideration.

! Peru – the Peruvian government has been working with Congress for the past three years,
Minister of Foreign Commerce and Tourism Magalia Silva said. She expects the government will
submit the agreement to Congress by August.

! Singapore – the government expects to present TPP to Parliament for a vote this year,
Minister for Trade and Industry Lim Hng Kiang said.

! Vietnam – the government must submit the TPP to the State President and then submit it
to the National Assembly for ratification. Minister of Industry and Trade Vu Huy Hoang said he expects
his country will need less than two years to complete the ratification process.

====

Malaysian Parliament Endorses TPP, But Ratification Still Pending <http://insidetrade.com/short-takes/malaysian-parliament-endorses-tpp-ratification-still-pending>
The Malaysian Parliament last week voted to endorse the country's participation in the Trans-Pacific Partnership (TPP), but will have to pass 26 amendments to 17 laws over the next two years before the country can ratify the agreement, according to Charles Santiago, a Malaysian opposition lawmaker.

In an email to Inside U.S. Trade, Santiago said this will involve changes to laws relating to intellectual property, the environment and labor. He had previously said that these changes are expected to be passed by parliament <http://insidetrade.com/node/152091> because the ruling coalition of Prime Minister Najib Razak is supportive of the TPP and maintains a majority of seats.

A U.S. official pointed to the move by the Malaysian parliament last week as evidence that some TPP countries are going ahead with ratification on their own schedule, without mentioning that Malaysia still needs to pass implementing legislation.

This official said some TPP countries have made clear that they will proceed with their domestic ratification process on their own schedule, while others will wait to move until the U.S. Congress considers the deal. But there are some TPP countries that have not yet decided which approach to take.

The vote taken last week in the Malaysian parliament was not required by law, but Najib's government had decided to hold it in response to domestic criticism of the deal. Under Malaysian law, the Cabinet has the authority to approve the TPP agreement, but parliament must approve legal changes necessary to implement the deal.

The lower house of the Malaysian parliament on Jan. 27 approved a motion to support TPP by a vote of 127 to 84, according to Santiago. The upper chamber approved the motion on Jan. 28. The motion was expected to be approved in both houses due to the ruling coalition's majority.

Malaysia is expected to sign the agreement during the Feb. 4 signing ceremony with the 11 other TPP countries.

In a related development, Shuichi Takatori, a state minister in the Cabinet office of Japan, has been chosen to represent the Japanese government at the TPP signing ceremony, according to a posting on his Facebook page. Akira Amari, who served as the minister in charge of the TPP negotiations, resigned last week amid corruption allegations.
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