TISA - IMPOSING CORPORATE WISH LISTS by UNDEMOCRATIC MEANS

ministry of tokyo TISA IMPOSING CORPORATE WISH LISTS by UNDEMOCRATIC MEANS via @WikiLeaks SUMMARY SUMMARY from SOURCE https://systemicdisorder.wordpress.com/2017/02/08/TiSA-worse-than-tpp/ TITLE TPP is not dead:  It’s now called the Trade In Services Agreement (TiSA) Trans-Pacific Partnership or the so-called “free trade” regime is NOT buried countries involved in negotiating the TPP ARE seeking to find ways to RESURRECT it in NEW FORM TPP  remains alive in a NEW FORM with EVEN WORSE RULES Trade In Services Agreement,  even more secret than the Trans-Pacific Partnership And more dangerous Trade In Services Agreement (TiSA) being negotiated among 50 countries to: -- prohibit regulations on the financial industry -- eliminate laws to safeguard online or digital privacy -- render illegal any “buy local” rules at any level of government -- effectively dismantle public advantages derived from state-owned enterprises -- eliminate net neutrality TiSA negotiations began in April 2013  / gone through 21 rounds we only know what’s in it because of leaks: 1. earlier ones published by WikiLeaks 2. new cache published January 29 by Bilaterals.org Earlier draft versions of TiSA’s language would PROHIBIT any restrictions on: -- the size, expansion (or entry) of FINANCIAL companies -- ban on new REGULATIONS -- incl. a specific ban on any law that separates COMMERCIAL and INVESTMENT banking -- ie. equivalent of the U.S. Glass-Steagall Act it would BAN restrictions on: -- transfer of any data collected (incl. across borders); -- placing social security systems at risk of privatization or elimination; -- ending Internet privacy and net neutrality; TiSA is the backup plan in event of failure to implement: --  Trans-Pacific Partnership (TPP) -- Transatlantic Trade and Investment Partnership (TTIP) Parties to reconvene 2017, according to Australian govt statement however: governmental trade offices negotiating TiSA have not announced the next negotiating date ~ potentially as a precaution [circumvention], in effort to avoid the spotlight on FREE TRADE that derailed TPP Cover story for why TiSA is being negotiated is that it would uphold the right to hire the accountant or engineer of your choice - in reality is intended to enable: - the FINANCIAL industry - and INTERNET companies - to run roughshod over countries around the WORLD LIBERALISATION 'PROFESSIONAL SERVICES' > MANUFACTURING “liberalization” of PROFESSIONAL services is being promoted -- DEFINITION of “services” is being EXPANDED in order to stretch the category to encompass MANUFACTURING Deborah James Centre for Economy and Policy Research re: scope of this proposal: “Corporations no longer consider setting up a plant and producing goods to be simply ‘manufacturing goods.’  activity is now is BROKEN DOWN into: -- research and development services -- design services -- legal services -- real estate services -- architecture services -- engineering services -- construction services -- energy services -- employment contracting services -- consulting services -- manufacturing services -- adult education services -- payroll services -- maintenance services -- refuse disposal services -- warehousing services -- data management services -- telecommunications services -- audiovisual services -- banking services -- accounting services -- insurance services -- transportation services -- distribution services -- marketing services -- retail services -- postal and expedited delivery services -- and after-sales servicing -- [plus more] WORLD'S governments, on behalf of multi-national CAPITAL are DENYING the public INFORMATION -- many have neglected to update their official pages re TiSA in MONTHS Following are negotiating TiSA: -- European Union (on behalf of its 28 member countries) -- United States -- Canada -- Mexico -- Australia -- New Zealand -- Japan -- South Korea -- Taiwan -- Chile -- Colombia -- Peru -- Norway -- Switzerland -- Pakistan and Turkey New TRUMP admin is SILENT re TiSA USA - Office of the U.S. Trade Representative web site still says: “TiSA is part of  the Obama Administration’s ongoing effort to create economic opportunity for U.S. workers and businesses by expanding trade opportunities.” President Donald Trump is NOT against “free trade” deals Trump: claims he can do it better -- issued blustery calls for “fair deals” -- braggadocio puffing up Donald Trump’s supposed negotiating prowess typical White House passage: “To carry out his strategy, the President is appointing the toughest and smartest to his trade team, ensuring that Americans have the best negotiators possible. For too long, trade deals have been negotiated by, and for, members of the Washington establishment.” DENIAL of INFORMATION typical of the TiSA negotiators -- made good progress in working towards ... -- finding pathways towards solving ... outstanding issues -- conducted a stocktaking session to assess ... progress -- agreed to a comprehensive stocktake of the negotiations in addition to: discredited, boilerplate public-relations puffery, offered by various government trade offices one hint that TiSA negotiations are experiencing difficulty U.S. Congressional Research Service report (January 3, 2017) " ... U.S. position under a new administration is unclear,  the parties canceled the planned December 2016 meeting ... but ... meeting to determine ... to move forward in 2017" M.U.B.A.  MAKE UNRESTRICTED BANKING AGAIN TRUMP admin  moving quickly to ELIMINATE: Tepid  DODD-FRANK ACT financial-industry reforms TiSA’s provisions to dismantle financial regulation globally would not be a problem at all THAT talks are not progressing at the present -- does not mean the world can relax -- it took years of cross-border organizing & popular education to stop the TPP -- this effort will have to replicated if TiSA is to be HALTED Bilaterals.org COMMENTARY accompanying publication of several TiSA chapters stresses -- Trans-Pacific Partnership, despite its apparent defeat -- is being used as the MODEL for the: Trade In Services Agreement -- thus risk of the TPP becoming the “new norm” “Several proposed texts from the failed Trans-Pacific Partnership (TPP) agreement have been transferred to TiSA — incl. ... -- STATE-owned enterprises -- rights to hold data OFFSHORE (incl. financial data) -- e-commerce -- prohibitions on PERFORMANCE requirements for foreign investors TiSA -- texts originated with the United States -- supported by other parties to the TPP / even governments -- reluctant to agree to same in the TPP -- no longer bound by TPP suggests the TPP may become the new norm DESPITE only having been ratified in two of the 12 countries -- done on the basis of U.S. participation that no longer applies -- TPP cannot be allowed to become -- the new ‘default’ position for these flawed agreements” 1. most extreme measures have been dropped (at least for now) 2. much of the text is not agreed Bilaterals.org reports: -- effectiveness of opposition to TiSA -- has led governments to conclude they CANNOT SELL    some of the more extreme proposals -- thus dropped from previous leaked texts BUT -- fetters on the rights and responsibilities of governments    to REGULATE in the INTERESTS of citizens -- would still go FURTHER than ANY single other agreement -- no improvements on: -- inadequate protections for HEALTH -- inadequate protections for ENVIRONMENT -- inadequate protections for PRIVACY -- inadequate protections for WORKERS -- inadequate protections for HUMAN RIGHTS -- inadequate protections for ECONOMIC DEVELOPMENT NOTHING to prevent DEVELOPING countries -- becoming even more vulnerable and dependent -- in an already unequal and unfair global economy TiSA would PROHIBIT developing countries -- from adopting MEASURES that countries like the United States -- used to facilitate industrial development (19th century) Sanya Reid Smith Third World Network international coalition specializing in development issues in an analysis for WikiLeaks: “[T]he proposals in this text RESTRICT the ability of developing countries to USE the development paths taken by many of the developed TiSA countries ... -- developed countries ‘kicking away the ladder’ after they have climbed up -- to prevent developing countries from developing the same way -- in TiSA, the USA is proposing restrictions on host countries -- being able to require senior managers be CITIZENS of the host country -- BUT as capital importer, the USA had the OPPOSITE law: -- 1885 USA contract labour law PROHIBITED the import of foreign workers -- USA required senior managers (and all other staff) be Americans -- ie. increasing the chances of skills being passed to locals TiSA -- proposals are more extreme than language in existing bilateral trade agreements -- many of TiSA’s provisions are lifted from TPP -- some go beyond TiSA’s already extreme proposals -- eg. the ENTIRE ELIMINATION of REGULATIONS of ANY kind against the FINANCIAL INDUSTRY - Article 14 of TiSA’s annex on financial services: - had contained the most explicit language prohibiting regulation (removed) - Article 9 of TiSA’s annex on financial services: - still contains language requiring NO LIMITATIONS beyond those applying to DOMESTIC financial firms - a smaller country -- would be required to allow a giant bank from a bigger country -- to TAKE OVER ITS ENTIRE BANKING SYSTEM REGULATIONS against financial derivatives YET to be invented would be ILLEGAL Public Citizen analysis: “TiSA would require governments to allow any new financial products and services — including ones not yet invented — to be sold within their territories. The TiSA Annex on Financial Services clearly states that TiSA governments ‘shall permit’ foreign-owned firms to introduce any new financial product or service, so long as it does not require a new law or a change to an existing law.” - Article 21 of TiSA’s annex on financial services: - requires that any government that offers financial products through its postal service - LESSEN the QUALITY of its products - so that those are NO better than what PRIVATE CORPORATIONS offer CAUSE FOR ALARM Article 1 of the financial-services annex states: -- activities forming part of a statutory system of social security or public retirement plans -- are specifically covered by TiSA -- as are - activities conducted by a CENTRAL BANK or monetary authority - or by ANY OTHER PUBLIC ENTITY in pursuit of monetary or exchange-rate policies CAUSE FOR ALARM -- social security or other public retirement systems are covered -- & could be judged to be “illegally competing” with PRIVATE financial enterprises CAUSE FOR ALARM -- central banks could be CONSTRAINED from actions to shore up economies (during a future financial crisis) -- if banks decide such measures “constrain” their massive PROFITEERING off the crisis CAUSE FOR ALARM Article 10 of the annex: -- continues to explicitly ban restrictions on the transfer of information -- in “electronic or other form” -- of any “financial service supplier” ie. DATA TRANSFER OFF-SHORE / PRIVACY LAWS NULL & VOID -- EU laws guarding privacy -- that stop US-based Internet companies from taking data outside the EU -- to circumvent such privacy laws would be null and void -- laws instituting privacy protections > would be PROHIBITED BEFORE they could be enacted CAUSE FOR ALARM -- if enacted, could also provide a boon to companies like Uber -- whose MO is to CIRCUMVENT LOCAL LAWS Bilaterals.org analysis: “The main thrust of TiSA comes through ... -- e-commerce -- telecommunications -- financial services -- localisation rules -- commitments to allow UNFETTERED cross-border supply of services COLLECTIVELY WOULD EMPOWER -- global platforms who hold big data, like Google, without effective privacy protections -- tech companies like Uber who have become notorious for evading national regulation - paying minimal tax - exploiting so-called self-employed workers TiSA simply fuel to the bonfire re: backlash against global deals for global corporations language of TiSA, like all “free trade” agreements -- dry and legalistic -- HOW these rules are interpreted is what ultimately matters -- TiSA requires: - arbitration by judges possessing “requisite knowledge” ie. the usual lineup of corporate lawyers WHO REPRESENT CORPORATIONS in these TRIBUNALS will switch hats to sit in JUDGEMENT TRIBUNALS used to settle these “investor-state disputes” -- are held in SECRET -- with no ACCOUNTABILITY -- wiht no APPEAL INTENTION of “free trade” agreements is to elevate corporations to the level of governments however, they raise corporations ABOVE the level of governments 1. only INVESTORS can sue 2. governments CANNOT sue 3. individuals/public CANNOT sue 4. INVESTORS can sue governments to overturn any law or regulation / they claim will hurt PROFITS 5. INVESTORS can sue governments to overturn any law or regulation / they claim will hurt POTENTIAL FUTURE PROFITS 6. government (TAXPAYERS) - ordinarily has to pay MILLIONS of dollars in COSTS - even in rare instances when they win one of these cases each “free trade” agreement has a key provision elevating corporations above governments -- codifies the “equal treatment” of business interests in accordance with INTERNATIONAL LAW -- enables corporations to SUE over ANY regulation or other government act that violates “investor rights” -- ie. any REGULATION or LAW that may PREVENT the corporation from extracting the MAXIMUM possible PROFIT thus: -- taxation and regulation constitute “indirect expropriation” !! mandating COMPENSATION !! -- reduction in the VALUE of an asset is sufficient to establish EXPROPRIATION (rather than a physical taking of property as required under customary law) !! mandating COMPENSATION !! TRIBUNAL DECISIONS -- become PRECEDENTS for further EXPANSIONS of INVESTOR “rights” -- thus constitute the “evolving standard of investor rights” -- required under “free trade” agreements -- TiSA contains the usual passages requiring “equal treatment” I M P O S I N G CORPORATE WISH LISTS by:  UNDEMOCRATIC MEANS !! “free trade” deals ... much to do with IMPOSING CORPORATE WISH LISTS through UNDEMOCRATIC means !! -- elimination of any meaningful regulations for: -- labour -- safety -- health -- environment TiSA is another route to imposing MORE of this agenda Working people around the world scored a major victory in stopping the TPP, at least in its current form. Capital never rests; nor can we. Here we have class warfare in naked fashion ... THERE IS NO DOUBT on which side the capitalist world’s governments lie SUMMARY from SOURCE https://systemicdisorder.wordpress.com/2017/02/08/TiSA-worse-than-tpp/ That was a very good article from Systemic Disorder

Undemocratic: EU Commission Breaks Promise for Greater Transparency - Secret TTIP US Trade Agreement

GOOGLE TRANSLATE / GERMAN ORIGINAL TTIP EU tightens secret Pose for TTIP documents German Economic News | Published: 19:08:15 18:14 clock The European Commission breaks its promise for greater transparency when TTIP. Because time and again documents were made public, the access to the documents of the national parliaments will be more difficult in the future. Cecilia Malmstrom now limited access to TTIP documents even more. (Photo: AP) "The European Commission is organizing the negotiations on the transatlantic FTA TTIP as transparent and as responsibly as possible," it says on the part of the EU Commission. Although some NGOs this greatly doubt. However, the Commission believes that it is probably handled too freely with the documents and information about TTIP. "After a few releases of confidential documents, the Commission had to make the decision to design the confidential report on the tenth round of negotiations in a secure reading room," said the Commission. Access to this confidential report will therefore now be even more difficult to see, even for the members of national parliaments. The reason: "This report also includes tactical considerations and our internal assessment of US positions," said Richard Kühnel, representatives of the European Commission in Germany on Friday in Berlin. "Such leaks weaken our negotiating position and make it harder to achieve the best result in the interest of Europe and its citizens. Despite all efforts to maximize transparency, we must try to prevent that. " According to the EU Commission "hitherto most transparent bilateral trade negotiations at all" are the TTIP negotiations. Periodically, the Commission consult with the governments of the 28 Member States and representatives of the European Parliament on the progress of negotiations. "The governments of the EU Member States have access to EU negotiating documents." However, informing the national parliaments was then a matter for the Member States - since, however, apparently confidential documents are made public, governments, the documents no longer simply to their parliamentarians hand off. The Commission generally so if Member States continue to be no problem even confidential documents to their respective parliaments in a secure way. "We support the easiest possible access to documents, provided that confidentiality is maintained," said Kühnel. Just not more in the document to the 10th round of negotiations, such as the decision of the EU Trade Commissioner Malmström shows. t the beginning of the week WikiLeaks had launched a fundraising campaign. Up to 100,000 euros are to be collected in order to move potential whistleblowers to publish from TTIP documents. "The secrecy of TTIP casts a shadow on the future of European democracy," said WikiLeaks founder Julian Assange. SOURCE | German http://deutsche-wirtschafts-nachrichten.de/2015/08/20/eu-verschaerft-geheim-haltung-fuer-ttip-unterlagen/ Compare the EU Commission's representations in the above article to the reality effective denial of access to EU member governments [ CLICK on image to enlarge ] COMMENT "governments of the EU Member States have access to EU negotiating documents" European Commission representative, Richard Kuhnel Yeah, they have 'access' - with excessive and unreasonable restrictions placed on that access. The reality is that this is yet another secret US trade deal, drawn in favour of corporations, at the expense of the public. This one's been kept from European governments and the public (to prevent the public mounting opposition), while generous access and influence has been granted to:  corporations. The European Commission promises of greater transparency amount to nothing because that's just what they were:  empty, nothing, PR / propaganda promises to pacify critics. Instead of addressing the fact that maintenance of secrecy concerning such an important agreement, amounts to undemocratic denial of information and opportunity for debate to the public, the EU Commission mouthpiece shifts the attention to the earlier leak of TTIP information and implies that this is the justification for the secrecy. But it is this very secrecy - this denial of transparency and denial of democracy - that would have originally led to what is therefore justifiable leak of information.  Facepalm. The reason these US trade agreements are being kept under wraps is that they're bad news. Information which should rightfully be in the public domain, is denied the public.  This denial of information is a denial of informed public consent to terms which are irreversible: Matt Kennard Centre for Investigative Journalism What is so scary about this is that corporations want to lock in their power. So they not only want increased power, they want to make impossible for sovereign governments to reverse the changes which are going to give them power. So, for example, with TTIP, if it passes with ISDS in it, the privatisation of the National Health Service (NHS) which is happening in the UK can never be reversed. More on US trade agreements:   VIDEO https://www.youtube.com/watch?v=ABDiHspTJww&t=1m34s ---------------------- ꕤ  ---------------------- TRANSCRIPT ---------------------- ꕤ  ---------------------- Please Support journalist-publisher Julian Assange Under Siege Ecuador embassy London (3 Years) Detained 5 Years No Charge POLITICAL PERSECUTION FAQ & Support https://justice4assange.com/ ꕤ

Trade in Services Agreement (TiSA)

TiSA – the new trade deal being kept under wraps Tony Burke The deal would enable corporations to monopolise entire sectors, such as telecoms and communications Earlier this month I wrote about Obama’s plans to fast track TTIP. Now, the WikiLeaks publication of seventeen documents related to the proposed TiSA trade deal has shone a welcome light on the secrecy surrounding negotiations on this trade deal. Although an outline of the plan has been in discussion for over a year it has remained secret, with the documents supposedly due to remain classified for five years. The Trade in Services Agreement (TiSA) has been around since 2013. Discussions are taking place between the USA, the EU and twenty-two other nations including Canada, Mexico, Australia, Israel, South Korea, Japan, Norway, Switzerland, Turkey, and many others across South America and Asia. Twelve of the G20 nations have a place at the table, and it has been extended to include Brazil, Russia, India and South Africa. Like TTIP, CETA, and TPP, the TiSA deal would turbo-charge global trade this time in ‘services’, which includes air and maritime transport; parcel delivery; e-commerce; telecommunications; accounting; engineering; consulting; health care; private education; and financial services – around 80 per cent of the US economy. Like the other deals, TiSA is veiled in secrecy but the leaked documents show that that it would restrict the ability of sovereign governments to manage their own legislation. This would be done through a regulatory cap limiting regulation of services at all levels from national to local government level. Using ‘standstill’ clauses, TiSA will be able to stop new laws being passed, and prevent new professional licensing, new or amended qualifications or technical standards being enacted. And like TTIP it has a ‘ratchet’ clause, which would make decisions made under TiSA irreversible. Experts also say the TiSA text is almost incomprehensible unless you are a trade lawyer.  However, it appears that foreign corporations must receive the same ‘national treatment’ as domestic companies; that regulations cannot be ‘more burdensome than necessary to ensure the quality of the service’ and no restrictions can be placed on foreign investment. This would allow corporations to monopolise entire sectors such as telecoms and communications. Public services, including telephone and postal services, would be broken up or forced into competition with foreign service providers. The United States and EU have said that that these regulations need not be permanent, but they also ‘noted the important complementary role of the private sector in these areas to improve the availability and diversity of services’. Catch 22 again! Corporations would also be able to use secret courts similar to the investor-state dispute settlement (ISDS) process in TTIP, TPP and CETA where they can demand compensation equal to ‘expected future profits’ lost through violations of the ‘regulatory cap’. Experts have warned that if TiSA comes into force, governments would be helpless to stop ‘financial innovation’ – including the type of behaviour which brought about the collapse of the banks in the US and the EU in 2007- 2008. Switzerland, that bastion of transparency, has proposed that TiSA must allow ‘any new financial service’ to enter their market. Regulations designed to protect investors and savers are ‘allowed’, but they ‘must not act contrary to TiSA rules’. A win-win situation for the banks! Financial services suppliers will also be able to use individual client data regardless of national privacy laws. And what of employment protections and workers’ rights? Well, although there is still a lack of clarity it appears that TiSA would classify migrant workers as ‘independent service suppliers’. This would apply not just to professionals such as architects, vets, engineers, accountants, designers and IT consultants, but to other migrant workers like nurses and care workers, who would be classed as ‘service suppliers’ with no employer-employee relationship. TiSA will put corporations before governments on every occasion, and as with TPP and TTIP the US president will have ‘fast track’ authority to push TiSA through the US legislature without line-by-line scrutiny. Rosa Pavanelli, general secretary of Public Services International (the global trade union umbrella body for public service workers) criticised “The irony of the text containing repeated references to transparency, and an entire Annex on transparency requiring governments to provide information useful to business, being negotiated in secret from the population exposes in whose interests these agreements are being made”. Larry Cohen, outgoing president of Communication Workers of America, said: “This is as big a blow to our rights and freedom as the Trans-Pacific Partnership, and in both cases our government’s secrecy is the key enabler.” Tony Burke is Assistant General Secretary of Unite responsible for manufacturing. He is a member of the TUC Executive Committee and General Council, the Labour Party National Policy Forum, Trade Union co-ordinator for the Morning Star newspaper and chair of the Campaign For Trade Union Freedom. He also contributes to Tribune, the Morning Star, The Manufacturer, the TUC’s Stronger Unions website and blogs at his own Power In A Union. SOURCE http://leftfootforward.org/2015/07/tisa-the-new-trade-deal-being-kept-under-wraps/ --------------------- COMMENT TiSA sounds as bad news as the TPP, so why would any responsible government enter into this?  Stand by for being screwed by corporations generally, as well as foreign corporations.