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Trade in Services Agreement

All Releases

September 15, 2016 Publication

15 September, 2016

Today, Thursday, 15 September 2016, 11:00am CEST, on the eve of new negotiations, WikiLeaks releases new secret documents from the controversial Trade in Services Agreement (TiSA) currently being negotiated by the US, EU and 22 other countries that account for over 2/3rds of global GDP.

cartoon

According to World Bank figures services comprise around 75% of the EU economy, 80% of the US economy and the majority of economies of most countries. The global economy is shifting towards a service-oriented economy. Cross-border trade in services for around 13% of the global GDP in 2015; for the EU twice that figure (around 24% of its total GDP). But it is not just these numbers alone that prove that the TiSA negotiations deserve a much higher attention in the public discussion than they currently have.

Successful opposition mounted to TPP and TTIP by a broad spectrum of actors - from movements, to farmers, to elites - means the neo-liberal lobby now places its hopes in TiSA as the vehicle for rewriting global rules and for securing a charter of corporate rights behind closed doors. The TiSA core text is not the main site of dissent, because it is designed to re-insert back into the WTO. It does reveal two major points of disagreement (most-favored nation treatment and domestic regulation) which are important because the US and EU are facing off on issues that are critical. The major disagreements that are likely to prove most problematic are occurring off stage in the annexes.

The published documents are from June and July 2016, document the state of negotiations before and after the previous TiSA round. By comparing the TiSA Core Text and the corresponding Annexes with previous releases of the same documents from WikiLeaks, the public can gain insight into how governments and negotiators shift positions on certain aspects of the text over time. This is also reflected in the three analysis documents that express the expert opinions on selected chapters and annexes of TiSA.

This release comes just days before the next TiSA negotiation round begins on September, 19th 2016 in Geneva. The publication of additional TiSA documents is planned for the near future.

May 2016 TiSA Publication

25 May, 2016

Today, Wednesday, 25 May 2016, 11:30am CEST, WikiLeaks releases new secret documents from the huge Trade in Services Agreement (TiSA) which is being negotiated by the US, EU and 22 other countries that account for 2/3rds of global GDP.

This release includes a previously unknown annex to the TiSA core chapter on "State Owned Enterprises" (SOEs), which imposes unprecedented restrictions on SOEs and will force majority owned SOEs to operate like private sector businesses. This corporatisation of public services - to nearly the same extent as demanded by the recently signed TPP - is a next step to privatisation of SOEs on the neoliberal agenda behind the "Big Three" (TTIP,TiSA,TPP).

Other documents in todays release cover updated versions of annexes to TiSA core chapters that were published by WikiLeaks in previous releases; these updates show the advances in the confidential negotiations between the TiSA parties on the issues of Domestic Regulation, New Provisions, Transparency, Electronic Commerce, Financial Services, Telecommunication Services, Professional Services and the Movement of Natural Persons. WikiLeaks is also publishing expert analyses on some of these documents.

The annexes on Domestic Regulation, Transparency and New Provisions have further advanced towards the "deregulation" objectives of big corporations entering overseas markets. Local regulations like store size restrictions or hours of operations are considered an obstacle to achieve "operating efficiencies" of large-scale retailing, disregarding their public benefit that foster livable neighbors and reasonable hours of work for employees. The TiSA provisions in their current form will establish a wide range of new grounds for domestic regulations to be challenged by corporations - even those without a local presence in that country.

December 2015 TiSA Publication

3 December, 2015

Today, Thursday, December 3, 10am EST, WikiLeaks releases new secret documents from the huge Trade in Services Agreement (TiSA) which is being negotiated by the US, EU and 22 other countries that account for 2/3rds of global GDP. Coinciding with the ongoing climate talks in Paris, today's publication touches on issues of crucial relevance including the regulation of energy, industrial development, workers' rights and the natural environment. WikiLeaks is also publishing expert analyses of the documents.

The Trade In Services Agreement is the largest trade treaty of its kind in history. The economies of the 52 countries involved in the negotiation, which is being led by the United States, are mostly the supply of services. According to World Bank figures, services comprise 75% of the EU economy, 80% of the US economy and the majority of the global economy. Notably excluded in the TiSA negotiations are the emerging economies and the BRICS (Brazil, Russia, India, China and South Africa).

The "Energy Related Services Annex Proposal: Questions and Answers" document sets out TiSA designs to create an international market in energy-related services for foreign suppliers. While heads of state prepare to sign climate accords in Paris, TiSA negotiators are meeting behind closed doors in Geneva to forge new limits on energy regulation.

The "Annex on Environmental Services" reveals that TiSA will aim to ensure that national environmental protections within TiSA countries will be "harmonized down", promoting the interests of multinational companies providing water purification, sanitation and refuse disposal services over worker safety, public health and the natural environment. Assessing the agreement, Friends of the Earth calls TiSA "an environmental hazard", pointing out that public services of an environmentally sensitive nature are in danger of being privatized. Commenting on the "Annex on Road Freight Transport and Related Logistical Services", the International Transport Workers Federation (ITF) calls TiSA a "race to the bottom," observing that the Annex joins other Annexes published by WikiLeaks to form an overarching trade liberalization agenda, fragmenting the trucking industry, opening up sensitive areas of the transport sector to international competition, and contributing to the ongoing privatization of public services, undercutting workers' rights, public health and safety, and the ability of national governments to plan and direct their own industrial and infrastructural development.

While the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Pact (TTIP) have received attention, the TiSA is the largest component of the United States' "Big Three," the triumvirate of strategic neoliberal trade deals being advanced by the Obama administration. Together, the three treaties form not only a new legal order hospitable for transnational corporations, but a new economic "grand enclosure", which excludes China and all other BRICS countries.

July 2, 2015 TiSA Publication

2 July, 2015

Today, Wednesday July 2, 2015 at 1500 CEST, WikiLeaks continues publishing documents from the secret ongoing TiSA (Trade in Services Agremeent) negotiations, with four Chapters in key areas ahead of the next negotiating round on Monday: Electronic Commerce, Telecommunications Services, Financial Services and Maritime Transport Services. All four texts include the confidential negotiating positions for each of the TiSA participating countries. Today WikiLeaks is also publishing detailed analyses on each of these Chapters, totalling 26 pages, explaining how they have changed since previous rounds, also published by WikiLeaks.

The Annexes show a concerted attempt to place restrictions on the ability of participating governments to regulate services sectors, even where regulations are necessary to protect the privacy of domestic populations, the natural environment or the integrity of public services. Today's TiSA documents follow WikiLeaks publication yesterday of five TiSA negotiating texts including the Core Text, and brings WikiLeaks' overall total of published secret TiSA texts to 28.

July 1, 2015 TiSA Publication

1 July, 2015

Today, 1500 CEST Wednesday, 1 July 2015, WikiLeaks releases a modern journalistic holy grail: the secret Core Text for the largest 'trade deal' in history, the TiSA (Trade In Services Agreement), whose 52 nations together comprise two-thirds of global GDP. The negotiating parties are the United States, the 28 members of the European Union and 23 other countries, including Turkey, Mexico, Canada, Australia, Pakistan, Taiwan and Israel.

Today's publication happens the week before the next TiSA negotiating round that begins on Monday, 6 July. WikiLeaks is also today publishing the full agenda for next week's negotiations, which shows that discussions will focus on Financial Services, Telecommunications and the Movement of Natural Persons.

WikiLeaks is also publishing a previously unpublished Annex text – the secret TiSA Annex on Government Procurement. The draft Annex aims to reduce procurement regulation to ensure that TiSA governments will not favour local services over services supplied by foreign multinationals.

WikiLeaks is also publishing the new negotiating texts for three highly controversial TiSA annexes: the annexes on the Movement of Natural Persons, the Domestic Regulation Annex and the Transparency Annex. All three texts include negotiating positions of each of the participant countries in the TiSA negotiations, and illustrate developments from previous versions of the TiSA annexes, also published by WikiLeaks.

WikiLeaks has also released 36 pages of our own expert analysis.

While the proposed Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Pact (TTIP) have become well known in recent months, the TiSA is the largest component of the United States' strategic neoliberal 'trade' treaty triumvirate. Together, the three treaties form not only a new legal order shaped for transnational corporations, but a new economic "grand enclosure", which excludes China and all other BRICS countries.

According to statements made in April by US Secretary of Defense Ashton Carter, parts of the triumvirate are "as important" to the US engagement with Asia as "another aircraft carrier". All three treaties have been subject to stringent criticism for the lack of transparency and public consultation in their negotiation processes. TiSA drafts are classified for a period of five years after the completion of the treaty.

According to NSA interceptions of French treasurer Jean-Francois Boittin published by WikiLeaks on Tuesday "Washington is negotiating with every nation that borders China... so as to 'confront Beijing'."

The TiSA Core Text shows how this negotiation aims at going beyond the GATS agreement, substantially further restricting what governments can do in services. There are far more extensive criteria for commercial firms, including foreign ones, to force governments to protect their corporate interests. Changes to scheduling bring more services than GATS under two main rules regarding commercial businesses working in foreign jurisdictions: non-discrimination in favour of local companies and market access abilities to not limit the size and shape of foreign companies in the market.

The text also shows TiSA expanding the GATS agreement to include new "disciplines" such as those on domestic regulation, transparency and eCommerce. TiSA is also of great worry to developing countries, a number of whom will be bound by this agreement, as it does not give any of the GATS provisions for them, but instead gives greater protections for foreign growth into the countries, with protections for national services far lesser than GATS'.

Today's publication of the TiSA Core Text adds to WikiLeaks' prior publications of numerous secret TiSA annexes. The text reveals the ideological and legal underpinnings of the TiSA, and provides the overarching context for each of the TiSA annexes.

According to World Bank figures, "services" comprise 75% of the EU economy and 80% of the US economy. For a typical developing country like Pakistan, services comprise 53% of its economy. The TiSA covers the majority of the global economy.

June 3, 2015 TiSA Publication

3 June, 2015

WikiLeaks releases today 17 secret documents from the ongoing TISA (Trade In Services Agreement) negotiations which cover the United States, the European Union and 23 other countries including Turkey, Mexico, Canada, Australia, Pakistan, Taiwan & Israel -- which together comprise two-thirds of global GDP. "Services" now account for nearly 80 per cent of the US and EU economies and even in developing countries like Pakistan account for 53 per cent of the economy. While the proposed Trans-Pacific Partnership (TPP) has become well known in recent months in the United States, the TISA is the larger component of the strategic TPP-TISA-TTIP 'T-treaty trinity'. All parts of the trinity notably exclude the 'BRICS' countries of Brazil, Russia, India, China and South Africa.

The release coincides with TISA meetings at the ministerial level at the OECD in Paris today (3–5 June). The 'T-treaty trinity' of TPP-TISA-TTIP is also under consideration for collective 'Fast-Track' authority in Congress this month.

The TISA release today follows the WikiLeaks publication of the secret draft financial services annex of the TISA negotiations on 19 June 2014 showing the aim to further deregulate the financial sector, despite widespread consensus that lack of oversight and regulation was the main cause of the last global financial crisis of 2008. Today's release confirms the ongoing determination to deregulate. Furthermore, standstill clauses will tie the hands of future governments to implement changes in response to changing environment.

Today's release is the largest on secret TISA documents and covers numerous previously undisclosed areas. It contains drafts and annexes on issues such as air traffic, maritime, professional services, e-commerce, delivery services, transparency, domestic regulation, as well as several document on the positions of negotiating parties. WikiLeaks has also published detailed expert analysis of the topics covered in today's release.

Browse the TiSA documents published by WikiLeaks here.

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June 19, 2015 TiSA Publication

19 June, 2014

Today, WikiLeaks released the secret draft text for the Trade in Services Agreement (TISA) Financial Services Annex, which covers 50 countries and 68.2%1 of world trade in services. The US and the EU are the main proponents of the agreement, and the authors of most joint changes, which also covers cross-border data flow. In a significant anti-transparency manoeuvre by the parties, the draft has been classified to keep it secret not just during the negotiations but for five years after the TISA enters into force.

Despite the failures in financial regulation evident during the 2007-2008 Global Financial Crisis and calls for improvement of relevant regulatory structures, proponents of TISA aim to further deregulate global financial services markets. The draft Financial Services Annex sets rules which would assist the expansion of financial multi-nationals – mainly headquartered in New York, London, Paris and Frankfurt – into other nations by preventing regulatory barriers. The leaked draft also shows that the US is particularly keen on boosting cross-border data flow, which would allow uninhibited exchange of personal and financial data.

TISA negotiations are currently taking place outside of the General Agreement on Trade in Services (GATS) and the World Trade Organization (WTO) framework. However, the Agreement is being crafted to be compatible with GATS so that a critical mass of participants will be able to pressure remaining WTO members to sign on in the future. Conspicuously absent from the 50 countries covered by the negotiations are the BRICS countries of Brazil, Russia, India and China. The exclusive nature of TISA will weaken their position in future services negotiations.

The draft text comes from the April 2014 negotiation round - the sixth round since the first held in April 2013. The next round of negotiations will take place on 23-27 June in Geneva, Switzerland.

Current WTO parties negotiating TISA are: Australia, Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong Kong, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea, Switzerland, Turkey, the United States, and the European Union, which includes its 28 member states Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

China and Uruguay have expressed interest in joining the negotiations but so far are not included.

Media Partners

  • CIPER - Chile
  • Libération - France
  • L'Espresso - Italy
  • Mediapart - France
  • Protagon - Greece
  • Público - Spain
  • Süddeutsche Zeitung - Germany
  • The Center for Investigative Journalism - UK

Expert Organizations

  • Friends of the Earth - US
  • International Forum on Globalization - US
  • International Transport Workers Federation - UK
  • OWINFS - US
  • Public Services International - US