Common use of TPP Clause in Contracts

TPP. opens up trade for knowledge-intensive industries, including advanced manufacturing, which plays to our strengths and ensures that in an age of global supply chains, U.S. products have the upper hand. The Trans-Pacific Partnership (TPP) levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American jobs here at home. By cutting over 18,000 taxes various countries put on Made-in-America prod- ucts, TPP makes sure our farmers, ranchers, manufacturers and small businesses can compete— and win—in some of the fastest growing markets in the world. With more than 95 percent of the world’s consumers living outside our borders, TPP will significantly expand the export of Made-in-America goods and services and support American jobs. Promoting Trade in Services TPP opens markets for America’s service providers and their workers—industries that include en- tertainment and film, express delivery and logistics, Internet and software services, professional services, financial services, scientific research and development, engineering, telecom, and oth- ers. TPP’s strong and enforceable commitments will give our businesses and workers enhanced access to the estimated 500 million consumers in the region, including improved access to 3 of the top 5 importers of American services. HOW TPP BENEFITS U.S. SERVICES SUPPLIERS TPP opens markets to U.S. services, prevents discrimination against American firms, and encour- ages high-quality regulatory policies abroad by requiring TPP countries to: • Open their markets so that U.S. businesses and workers can compete fairly, and ensure that regulations do not discriminate against U.S. services suppliers. • Guarantee equal treatment to services provided in different ways, whether it is through physical investment or over the Internet (subject to public- interest regulation). • Ensure that regulators have the ability to fulfill valid public-interest goals (for example, promoting financial stability). • Create rules ensuring transparency for development of new regulations, including with opportunities to comment and respond to stakeholder inquiries. • Ensure that TPP benefits are not open to ‘shell companies’ controlled by non-TPP countries, and address the unique challenges private-sector services suppliers such as express delivery companies face when competing against State-Owned Enterprises and government monopolies. Through these measures, TPP creates the world’s most advanced services-trade agreement, helping American businesses and workers take full advantage of one the U.S.’ major national strengths in the world’s fastest-growing region. • The U.S. is the world leader in services exports, with around $710 billion in exports in 2014, and about a $230 billion services trade surplus. • • These services exports supported an estimated 4.6 million jobs in 2014. TPP is the most comprehensive services trade agreement we have ever negotiated, covering the full spectrum of issues in this fast-growing sector. •

TPP. opens up trade for knowledge-intensive industries, including advanced manufacturing, which plays to our strengths and ensures that SOEs in an age TPP countries compete fairly in their market and ours, making purchases and sales on the basis of global supply chainsthe market, rather than on the basis of government interference, subsidies or discriminatory policies. • TPP ensures that SOEs operating in the U.S. products have or other TPP members cannot claim legal privileges reserved for governments to avoid regulation applied to private companies. • At the upper handsame time, TPP ensures that U.S. SOEs providing public services continue to operate without interference. The Trans-Pacific Partnership (TPP) levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American jobs here at home. By cutting over 18,000 taxes various countries put on Made-in-America prod- ucts, TPP makes sure our farmers, ranchers, manufacturers and small businesses can compete— and win—in some of the fastest growing markets in the world. With more than 95 percent of the world’s consumers living outside our borders, TPP will significantly expand the export of Made-in-America goods and services and support American jobs. Promoting Trade in Services Strategic Importance of TPP opens markets for America’s service providers and their workers—industries that include en- tertainment and film, express delivery and logistics, Internet and software services, professional services, financial services, scientific research and development, engineering, telecom, and oth- ers. TPP’s strong and enforceable commitments will give our businesses and workers enhanced access to the estimated 500 million consumers in the region, including improved access to 3 The rules of the top 5 importers road are up for grabs in Asia, home to some of American services. HOW TPP BENEFITS U.S. SERVICES SUPPLIERS TPP opens the fastest growing markets to U.S. services, prevents discrimination against American firms, and encour- ages high-quality regulatory policies abroad by requiring TPP countries to: • Open their markets so that U.S. businesses and workers can compete fairly, and ensure that regulations do not discriminate against U.S. services suppliers. • Guarantee equal treatment to services provided in different ways, whether it is through physical investment or over the Internet (subject to public- interest regulation). • Ensure that regulators have the ability to fulfill valid public-interest goals (for example, promoting financial stability). • Create rules ensuring transparency for development of new regulations, including with opportunities to comment and respond to stakeholder inquiries. • Ensure that TPP benefits are not open to ‘shell companies’ controlled by non-TPP countries, and address the unique challenges private-sector services suppliers such as express delivery companies face when competing against State-Owned Enterprises and government monopolies. Through these measures, TPP creates the world’s most advanced services-trade agreement, helping American businesses and workers take full advantage of one the U.S.’ major national strengths in the world’s fastest-growing . If we don’t pass this agreement and write those rules, our competitors will set weak rules of the road, threatening American jobs and workers and undermining U.S. leadership in Asia. TPP strengthens the U.S. economy, which is the foundation of U.S. national security and a critical source of our influence abroad. TPP helps ensure that the global economy reflects our interests and values by requiring other countries to play by fair wage, safe workplace, and strong environmental rules that we help set. And TPP reinforces our commitment to this vital region, helping us strengthen our relationships with our partners and allies. • The Since World War II, U.S. is leadership of the world leader global trading system not only ushered in services exports, with around $710 billion an era of peace and prosperity unparalleled in exports in 2014, history—for the American people and about the world—but also has been a $230 billion services trade surpluskey pillar of our global leadership overall. • • These services exports supported an estimated 4.6 million jobs But this rules-based system—and America’s economic competitiveness—is now being eroded by other, less open models. To meet this challenge, the United States must play a leadership role in 2014writing rules of the road that strengthen our economy and promote a fair global economic system. TPP is how we do that. • When the most comprehensive services trade agreement rules are fair, Americans can out-compete anyone in the world. But the status quo puts our workers and businesses at a disadvantage, with higher costs for American goods, more barriers to trade, and lower standards for workers and the environment abroad than we have ever negotiatedat home. • To meet this challenge, covering the full spectrum United States must write rules of issues in this fastthe road to strengthen our economy and promote a fair global economic playing field. TPP is how we do that. And if we don’t lead on trade, others who don’t share our interests or values will fill the void. • First and foremost, TPP helps grow the U.S. economy, which is the foundation of American stability, security, and influence abroad. TPP strengthens the middle class, spurs innovation, and supports higher-growing sectorpaying jobs at home. •

TPP. opens up puts into place the largest expansion of enforceable labor rights in history, more than quadrupling the number of people outside the United States that are covered by enforceable labor provisions. This expansion helps make it more likely that strong labor provisions in trade for knowledge-intensive industries, including advanced manufacturing, which plays to our strengths and ensures that in an age of agreements will become the new global supply chains, U.S. products have the upper handstandard. The Trans-Pacific Partnership (TPP) levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American jobs here at home. By cutting over 18,000 taxes various countries put on Made-in-America prod- ucts, TPP makes sure our farmers, ranchers, manufacturers and small businesses can compete— and win—in some of the fastest growing markets in the world. With more than 95 percent of the world’s consumers living outside our borders, TPP will significantly expand the export of Made-in-America goods and services and support American jobs. Promoting Trade in Services Benefits for U.S. Manufacturing TPP opens markets allows us to write rules of the road that level the playing field for America’s service providers and their American workers—industries that include en- tertainment and film, express delivery and logistics, Internet and software services, professional services, financial services, scientific research and development, engineering, telecomsupport American manufacturing jobs, and oth- ers. TPP’s strong and enforceable commitments will give our businesses and workers enhanced access to help us export more ‘Made-in-America’ manufactured goods across the estimated 500 million consumers in the region, including improved access to 3 of the top 5 importers of American servicesworld. HOW TPP BENEFITS U.S. SERVICES SUPPLIERS MANUFACTURING TPP opens markets helps support U.S. manufacturing by: • Eliminating all foreign taxes in the form of tariffs on U.S. manufactured goods exported to TPP countries, including rates as high as 70 percent on automobiles in Vietnam. • Preventing other TPP countries from maintaining, expanding, or creating new trade barriers to American manufacturers as they eliminate tariffs. • Some countries require exporters to acquire licenses before they can send their goods to that country. TPP ensures that exporters have updated and complete information about import licensing requirements so that they cannot be used as trade barriers, which can hurt U.S. servicesworkers and businesses and provide foreign companies with unfair advantages. • Rules of origin allow us to determine if a good is a genuine TPP good. TPP establishes rules of origin that provide incentives for companies to keep production and manufacturing jobs in the United States. • • Helping to prevent long delays in customs processing for U.S. products. Eliminating trade barriers and creating export opportunities for U.S. auto manufacturers in the Japanese market. • Creating export opportunities for Made-in-America clothes, prevents discrimination against American firmsfabrics, and encour- ages yarns, including for many of the high-quality regulatory policies abroad by requiring TPP countries to: technology textile products in which U.S. producers are most competitive. • Open their markets so that Creating new opportunities for U.S. businesses and workers to compete in government procurement contracts abroad, while maintaining and protecting Buy American exceptions, set-asides, and similar long-standing features of U.S. procurement policy. • Enforcing tough new transparency rules and standards to cut down on corruption so American manufacturers can compete fairlyon a fair playing field. • Preventing countries from applying restrictions on the importation of remanufactured goods. Remanufacturing is the process of disassembling products so they can be cleaned, repaired or replaced, and ensure that regulations do not discriminate against U.S. services suppliersthen rebuilding them to like-new or better quality. • Guarantee equal treatment to services provided in different ways, whether it is through physical investment or over the Internet (subject to public- interest regulation). • Ensure that regulators have the ability to fulfill valid public-interest goals (for example, promoting financial stability). • Create rules ensuring transparency for development of new regulations, including with opportunities to comment and respond to stakeholder inquiries. • Ensure that TPP benefits are not open to ‘shell companies’ controlled by non-TPP countries, and address the unique challenges private-sector services suppliers such as express delivery companies face when competing against State-Owned Enterprises and government monopolies. Through these measures, TPP creates the world’s most advanced services-trade agreement, helping American businesses and workers take full advantage of one the U.S.’ major national strengths in the world’s fastest-growing region. • The U.S. is the world leader largest remanufacturer in services exports, with around $710 billion in exports in 2014, and about a $230 billion services trade surplus. • • These services exports supported an estimated 4.6 million jobs in 2014. TPP is the most comprehensive services trade agreement we have ever negotiated, covering the full spectrum of issues in this fast-growing sectorworld. •

TPP. opens up trade for knowledge-intensive industries, including advanced manufacturing, which plays will also provide easily accessible information to our strengths and ensures that in an age small businesses so they can take advantage of global supply chains, U.S. products have the upper handopportunities the agreement will offer them. The Trans-Pacific Partnership (TPP) levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American jobs here at home. By cutting over 18,000 taxes various countries put on Made-in-America prod- ucts, TPP makes sure our farmers, ranchers, manufacturers and small businesses can compete— and win—in some of the fastest growing markets in the world. With more than 95 percent of the world’s consumers living outside our borders, TPP will significantly expand the export of Made-in-America goods and services and support American jobs. Promoting Trade Ensuring Fair Competition with State-Owned Enterprises TPP’s State-owned enterprises (SOE) rules take on a new and growing challenge in Services international trade and investment. While fully respecting the important role SOEs play in the United States and elsewhere, TPP opens markets for America’s service providers ensures that foreign governments will not use these enterprises to gain unfair advantages over private American businesses and their workers—industries . These ground-breaking provi- sions will create worldwide precedents that include en- tertainment and film, express delivery and logistics, Internet and software services, professional services, financial services, scientific research and development, engineering, telecom, and oth- ers. TPP’s strong and enforceable commitments will give our businesses and workers enhanced access to the estimated 500 million consumers can help ensure fair competition in the region, including improved access to 3 global econ- omy of the top 5 importers of American servicesfuture. HOW TPP BENEFITS U.S. SERVICES SUPPLIERS ENSURES FAIR COMPETITION WITH STATE-OWNED ENTERPRISES TPP opens markets to U.S. serviceshelps ensure fair competition by making SOEs operate on commercial grounds, prevents discrimination against American firmsincreasing transparency, and encour- ages high-quality requiring regulatory policies abroad by requiring fairness. This is the first trade agreement to include this scope of rules on SOEs. TPP requires TPP countries to: • Open their markets Ensure that SOEs make commercial purchases and sales on the basis of commercial considerations, except when doing so that would be inconsistent with any mandate requiring an SOE to provide public services (for example, as the U.S. businesses and workers can compete fairly, and ensure that regulations do not discriminate against U.S. services suppliers. • Guarantee equal treatment to services provided in different ways, whether it is through physical investment or over the Internet (subject to public- interest regulationPostal Service does). • Ensure that regulators SOEs that receive subsidies do not have an advantage or undercut U.S. private firms. If they do, we will for the first time in a U.S. trade agreement, have the ability to fulfill valid public-interest goals (for example, promoting financial stability)initiate dispute settlement and impose trade sanctions. • Create rules ensuring Regulate SOEs and private companies in an impartial manner, without providing preferential treatment to local SOEs. • Ensure transparency for development by publishing complete lists of new regulationsnational SOEs and, including with opportunities upon request, sharing information about government ownership, control, and non- commercial assistance to comment and respond to stakeholder inquiriesSOEs. • Ensure that TPP benefits are national courts have full jurisdiction over foreign SOEs located within their territory, so that they cannot open to ‘shell companies’ controlled by nonavoid national laws through claims of sovereign immunity. • Make all SOE provisions fully enforceable through state-TPP countries, and address to-state dispute settlement. • Ensure that—for the unique challenges private-sector services suppliers such as express delivery companies face when competing against State-Owned Enterprises and government monopolies. Through these measures, TPP creates the world’s most advanced services-first time in a U.S. trade agreement—intellectual property enforcement remedies are available with respect to state owned enterprises, helping American consistent with international disciplines. • SOEs ranging from steel companies to telecom monopolies to energy companies are increasingly competing with U.S. businesses and workers take full advantage of one the U.S.’ major national strengths in the world’s fastest-growing region. • The U.S. is the world leader in services exports, with around $710 billion in exports in 2014, and about on a $230 billion services trade surplus. • • These services exports supported an estimated 4.6 million jobs in 2014. TPP is the most comprehensive services trade agreement we have ever negotiated, covering the full spectrum of issues in this fast-growing sectorglobal scale. •

TPP. opens up trade promotes sustainable development by catalyzing sustainable growth, committing a diverse group of economies to high standards, and establishing a framework for knowledgesupporting partners in achieving those standards. • The economic gains from TPP—higher incomes and better employment conditions—will lead to inclusive and sustainable economic growth by creating more resources with which to finance investments in anti-intensive industriespoverty programs and provide citizens with better access to public services. • By including high standard rules on a number of issues, including advanced manufacturinglabor and the environment, which plays TPP promotes economic growth that is inclusive and sustainable. • Putting these standards into place helps ensure that as the economies of the Asia-Pacific continue to our strengths grow, they do so in a way that best promotes and ensures that in an age protects the needs and the rights of global supply chainsthe many, U.S. products have rather than the upper handinterests of the few. The Trans-Pacific Partnership (TPP) levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American jobs here at home. By cutting over 18,000 taxes various countries put on Made-in-America prod- ucts, TPP makes sure our farmers, ranchers, manufacturers and small businesses can compete— and win—in some of the fastest growing markets in the world. With more than 95 percent of the world’s consumers living outside our borders, TPP will significantly expand the export of Made-in-America goods and services and support American jobs. Promoting Trade in Services Economic Benefits TPP opens markets ELIMINATES OVER 18,000 TAXES ON MADE-IN-AMERICA EXPORTS • In TPP countries, these taxes—known as tariffs—increase prices for America’s service providers American exports. For example, they raise prices by up to 59 percent for U.S. autos and their workers—industries that include en- tertainment up to 40 percent for U.S. poultry. This puts our workers and filmbusinesses at a global competitive disadvantage. • Eliminating these taxes on the cars, express delivery and logistics, Internet and software services, professional services, financial services, scientific research and development, engineering, telecomcrops, and oth- ers. TPP’s strong consumer goods that our workers produce will support American jobs and enforceable commitments will give our businesses and workers enhanced access create new opportunities to sell to the estimated 500 million consumers in world’s fastest-growing markets. • Our domestic market is already open to the region, including improved access world. TPP tears down barriers to 3 of the top 5 importers of American services. HOW TPP BENEFITS U.S. SERVICES SUPPLIERS TPP opens markets to U.S. services, prevents discrimination against American firms, and encour- ages high-quality regulatory policies abroad by requiring TPP countries to: • Open their other markets so that U.S. businesses we can compete. TPP SUPPORTS GOOD MIDDLE CLASS JOBS AT GOOD WAGES • Made-in-America exports rose by nearly 50 percent and workers can compete fairly, and ensure that regulations do not discriminate against U.S. services supplierscontributed nearly a third of our total economic growth from 2009 to 2014. • Guarantee equal treatment to services provided in different waysAmerican exports are supporting a record number of American jobs—11.7 million, whether it is through physical investment or an increase of 1.8 million new jobs over the Internet (subject to public- interest regulation)last 5 years. • Ensure that regulators have the ability to fulfill valid publicTPP will increase U.S. exports and support good-interest goals (for examplepaying jobs. That is because every billion dollars of exports supports 5,800 jobs, promoting financial stability)on average. • Create rules ensuring transparency for development of new regulationsTPP will also support better paying jobs. Export-related jobs pay up to 18 percent more, including with opportunities to comment and respond to stakeholder inquirieson average, than non-export related jobs. • Ensure that TPP benefits are not open In addition, tariffs faced by U.S. exporters reduce U.S workers’ earnings by up to ‘shell companies’ controlled by non-TPP countries, and address the unique challenges private-sector services suppliers such as express delivery companies face when competing against State-Owned Enterprises and government monopolies12 percent in manufacturing industries. Through these measuresBy eliminating or reducing tariffs, TPP creates supports good jobs and higher wages for American workers. TPP LEVELS THE PLAYING FIELD IN THE WORLD’S FASTEST-GROWING REGION • The United States already has one of the world’s most advanced servicesopen economies. Over 80 percent of imports from TPP countries already enter the U.S. duty-trade agreementfree. However, helping American workers and businesses and workers take full advantage of one still face significant barriers in TPP countries. • By knocking down these barriers, TPP gives more Americans a fair shot at competing in the U.S.’ major national strengths in Asia-Pacific, the world’s fastest-growing region. • The U.S. is the world leader in services exports, with around $710 billion in exports in 2014, and about a $230 billion services trade surplus. • • These services exports supported an estimated 4.6 million jobs in 2014. TPP is the most comprehensive services trade agreement we have ever negotiated, covering the full spectrum of issues in this fast-growing sector. •

TPP. opens up trade for knowledgeencourages transparent, fair, public-intensive industriesinterest regulation, including advanced manufacturingpromotes consumer protection and financial stability, which plays to our strengths and ensures that in an age of global supply chainsfights piracy, U.S. products have the upper handwhile also preventing bias against American businesses, products, and workers. The Trans-Pacific Partnership (TPP) levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American jobs here at home. By cutting over 18,000 taxes various countries put on Made-in-America prod- ucts, TPP makes sure our farmers, ranchers, manufacturers and small businesses can compete— and win—in some of the fastest growing markets in the world. With more than 95 percent of the world’s consumers living outside our borders, TPP will significantly expand the export of Made-in-America goods and services and support American jobs. Promoting Trade in Services Benefits for U.S. Small Businesses TPP opens unlocks opportunities for U.S. small and medium-sized businesses, which are the backbone of the U.S. economy. By addressing trade barriers that are particularly challenging for small busi- nesses to navigate, TPP allows our small businesses to reach new markets for America’s service providers and their workers—industries that include en- tertainment and film, express delivery and logistics, Internet and software services, professional services, financial services, scientific research and development, engineering, telecom, and oth- ers. TPP’s strong and enforceable commitments will give our businesses and workers enhanced access to the estimated 500 million consumers in the Asia-Pacific region, including improved access to 3 of the top 5 importers of American services. HOW TPP BENEFITS U.S. SERVICES SUPPLIERS SMALL BUSINESSES TPP opens helps promote small businesses by: • Eliminating foreign taxes in the form of tariffs across the TPP region. These barriers can price out of foreign markets to many of the goods and agricultural products made by U.S. servicessmall businesses. • Making it cheaper, prevents discrimination against American firmseasier, and encour- ages highfaster for businesses to get their products to market by creating efficient and transparent customs procedures that help move goods quickly through borders. • Streamlining complex trade barriers like complicated standards and technical regulations, which make it hard for small businesses to access new markets. • Promoting digital trade and e-quality regulatory policies abroad commerce by requiring prohibiting tariffs on digital products (such as software, music, video, e-books)—the arena by which many small businesses access the global marketplace—and helping keep the Internet free by protecting against requirements that force businesses to locate infrastructure in the markets in which they seek to operate, requirements that can be especially costly for small businesses with fewer resources. • Strengthening protections of intellectual property rights. Small businesses are often highly vulnerable to infringement and theft of their intellectual property (IP), especially in markets where IP protections are not as strong as those in the U.S. • Providing greater certainty and new access to markets for U.S. small business service suppliers like architects, engineers, and web designers. • Helping small businesses to integrate into global supply chains, as many small businesses don’t export directly, but sell their goods to other domestic companies that do. • Requiring TPP countries to: • Open their markets so to create public websites targeted at small and medium-sized businesses that U.S. businesses provide easily-accessible information on the agreement and workers can compete fairly, and ensure that regulations do not discriminate against U.S. services suppliers. • Guarantee equal treatment how to services provided in different ways, whether it is through physical investment or over the Internet (subject to public- interest regulation). • Ensure that regulators have the ability to fulfill valid public-interest goals (for example, promoting financial stability). • Create rules ensuring transparency for development of new regulations, including with opportunities to comment and respond to stakeholder inquiries. • Ensure that TPP benefits are not open to ‘shell companies’ controlled by non-TPP countries, and address the unique challenges private-sector services suppliers such as express delivery companies face when competing against State-Owned Enterprises and government monopolies. Through these measures, TPP creates the world’s most advanced services-trade agreement, helping American businesses and workers take full advantage of one the U.S.’ major national strengths in the world’s fastest-growing region. • The U.S. is the world leader in services exports, with around $710 billion in exports in 2014, and about a $230 billion services trade surplus. • • These services exports supported an estimated 4.6 million jobs in 2014. TPP is the most comprehensive services trade agreement we have ever negotiated, covering the full spectrum of issues in this fast-growing sectorit. •