Chapter Suspended Provision Effect of the suspension (number) Customs Administration Article 5.7.1(f): Each TPP-11 Party and Trade Facilitation Express Shipments has agreed not to (5) assess customs Suspend second sentence duties on express shipments valued at or below a fixed amount as set under its domestic law. That amount is currently set at $1,000 under Australian law. will no longer be an obligation for Parties to review the threshold below which no duties on express shipments are charged. Investment 9.1 Definitions This narrows the (9) scope of Suspend Dispute “investment Settlement (ISDS). agreement” and Foreign investors “investment can no longer make authorisation” an ISDS claim for and associated violation of private Footnotes (5 - 11) investment 9.19.1 Submission contracts with the of Claim to Government, or Arbitration investment authorisations. a(i) B and C; (b)(i) B and C Foreign investors (investment can still bring an authorisation or ISDS claim for a investment violation of an agreement), investment chausette, footnote obligation, such as 3 expropriation or the minimum standard 9.19.2 Submission of treatment. of Claim to Arbitration Expropriation is where a Footnote 32 government takes 9.19.3 Submission over, or of Claim to
Chapter (number) Suspended Provision Effect of the suspension Customs Administration and Trade Facilitation (5) Article 5.7.1(f): Express Shipments Suspend second sentence Each TPP-11 Party has agreed not to assess customs duties on express shipments valued at or below a fixed amount as set under its domestic law. That amount is currently set at $1,000 under Australian law. will no longer be an obligation for Parties to review the threshold below which no duties on express shipments are charged. Investment (9) 9.1 Definitions Suspend “investment agreement” and “investment authorisation” and associated Footnotes (5 - 11) 9.19.1 Submission of Claim to Arbitration a(i) B and C; (b)(i) B and C (investment authorisation or investment agreement), chausette, footnote 3 9.19.2 Submission of Claim to Arbitration Footnote 32 9.19.3 Submission of Claim to This narrows the scope of Dispute Settlement (ISDS). Foreign investors can no longer make an ISDS claim for violation of private investment contracts with the Government, or investment authorisations. Foreign investors can still bring an ISDS claim for a violation of an investment obligation, such as expropriation or the minimum standard of treatment. Expropriation is where a government takes over, or
tpp-11_analysis_of_regulatory_impact_on_australia.docx