By  Debbie Too      http://www.bt.com.bn  Saturday, August 24, 2013

BANDAR SERI BEGAWAN

THE comprehensive Trans-Pacific Partnership Agreement (TPP) will not compromise a nation’s sovereignty, and laws that are perceived to be “a disguised form of trade restriction” can be challenged.

The dispute settlement provisions in the TPP are expected to hold governments accountable to corporations and would be heard by offshore tribunals.

At a press conference yesterday at the International Convention Centre (ICC), where ministers of member countries held the 19th round of negotiations, United States Trade Representative Ambassador Michael Froman said there is nothing in the TPP that will prevent a country from adopting or applying regulations on health and safety.

“It is an important act of sovereignty to be able to do that,” he said. In regard to the dispute mechanism, Froman pointed out the TPP has not yet been signed and that only draft proposals have been made. “In a number of trade agreements there are a number of provisions that allow for challenges if a regulation is being used as a disguised form of trade restriction,” he said, when asked about dispute mechanisms in relation to Brunei’s strict tobacco regulations.

YB Pehin Orang Kaya Pekerma Dewa Dato Seri Setia Lim Jock Seng, Second Minister of Foreign Affairs and Trade, added to the statement saying that if (Brunei) has certain health issues, it will be something that “will be worked out”, but he does not believe it will pose a problem.

“Essentially, what we are doing with the TPP is producing a very high-standard free trade agreement and the question really is for Brunei, and all of us, and it will be bring a lot of benefits and that’s why we are all here,” said YB Pehin Dato Lim when asked what Brunei stood to gain from the trade pact. A member of the Japanese press asked how TPP member countries would strike a balance between coming up with comprehensive rules for the agreement and protecting each country’s identity when it came to sectors such as agriculture, state-owned enterprises and global rules prohibiting certain industries.

New Zealand Trade Minister Tim Groser said the negotiations for the TPP are “no different from any negotiation that any of (the ministers) had previously participated in”.

He said the visiting trade ministers understood that there were highly sensitive issues regarding agriculture and market access. He pointed out that the delegates have had years of practical experience handling “these sensitivities” and that no one would be pushed into a corner.

“We all understand that we want to be here long-term. Nothing has changed in that respect. We are now trying to find a politically mature way to get towards the long-term goals set out by our leaders,” he said, adding that the combination of traditional modalities and their experience would help ministers achieve a “perfectly sensible transition”. Groser added that it could take many years and a great deal of flexibility before the TPP was signed but that the ministers’ goals are similar.

International media convened at the press conference hall of the ICC yesterday, and asked ministers about topics such as intellectual property, the protection of state-owned businesses and agriculture.

Ministers met over the last two days to address key outstanding issues and published a joint statement yesterday. It added that negotiations were heading towards a comprehensive, high-standard regional trade and investment agreement, which is now in the “advanced stage”.

Key issues that have been discussed included market access of goods, services, investment, financial services and government procurement, as well as the text covering intellectual property, competition and environmental issues.

“They also discussed the remaining outstanding issues regarding labour, dispute settlement and other areas,” the statement said. It added that this round of TPP negotiations had offered guidance to negotiators and were designed to push negotiations to meet the 2013 time frame.

Froman said: “We discussed how best to achieve an outcome consistent with our common goal in achieving an ambitious and balanced 21st century agreement that will enhance trade among us.”

The Brunei Times