Friday, December 04, 2015

Definiton of TPP D thru M

days means calendar days;

January 1 thru December 31 tax applications. The TPP does not have it's own fiscal calendar. At least with this edition. 

enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organization; 

Profit or non-profit can be involved with the TPP so long as it was organized/created under sovereign law.
 
existing means in effect on the date of entry into force of this Agreement;

GATS means the General Agreement on Trade in Services, (click here) contained in Annex 1B to the WTO Agreement; 


Another WTO reference. That is that now about ten times.

GATT 1994 means the General Agreement on Tariffs and Trade 1994 (click here), contained in Annex 1A to the WTO Agreement;


Let's call this WTO 11. Below is a better site for Annex 1 and 2 to the WTO Agreement.  

Legal texts: the WTO agreements (click here)
The WTO’s agreements are often called the Final Act of the 1986–1994 Uruguay Round of trade negotiations, although strictly speaking the Final Act is the first of the agreements. You can download these texts as WordPerfect or pdf files.

goods of a Party means domestic products as these are understood in GATT 1994 or such goods as the Parties may agree, and includes originating goods of a Party;

"goods of a party" can include anything, INCLUDING, raw materials (originating goods).

government procurement means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale;


Separates the government economy from that of private industry in that it cannot private industry cannot USE the government to obtain goods and services at the expense of the people.

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes and Subheading Notes as adopted and implemented by the Parties in their respective laws;


Customs

The Harmonized Commodity Description and Coding System (click here)  generally referred to as "Harmonized System" or simply "HS" is a multipurpose international product nomenclature developed by the World Customs Organization (WCO). 
It comprises about 5,000 commodity groups; each identified by a six digit code, arranged in a legal and logical structure and is supported by well-defined rules to achieve uniform classification. 
The system is used by more than 200 countries and economies as a basis for their Customs tariffs and for the collection of international trade statistics. Over 98 % of the merchandise in international trade is classified in terms of the HS. 
The HS contributes to the harmonization of Customs and trade procedures, and the non-documentary trade data interchange in connection with such procedures, thus reducing the costs related to international trade....

heading means the first four digits in the tariff classification number (click here - type in commodity for number) under the Harmonized System

measure includes any law, regulation, procedure, requirement, or practice;


national means a natural person who has the nationality of a Party according to Annex1-A (Party-Specific Definition) or a permanent resident of a Party

This document refers to natural person. What heck is this about? Immigration? ....natural person...or a permanent resident of a Party. The trade contracts have to be established by natural born citizens or those possessing the rights of a natural born resident. The definition is suppose to be benign and inclusive of all people considered citizens of a country, however; this document includes the fact immigrants can come to a country such as the USA, gain residency and then embark on importation under this agreement.