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Trade in Service Agreement

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The agreement prohibits government mandates that require disclosure of the source code of the software as a condition of the distribution of such software and related services, and states: “Neither party may require the transfer of or access to the source code of the software owned by a person of another party as a condition of the provision of services related to such software in its territory.” [16] While there are exceptions for “software used for critical infrastructure” and software that is not intended for the mass market, the agreement would prevent, for example, governments from requiring consumer network router providers to provide the source code of the software for security purposes. [17] TISA also supports Canada`s progressive approach to trade, as it could help increase innovation in the services sector and support inclusive growth through benefits that could benefit small and medium-sized service providers, including those in the area of environmental services. To help promote more inclusive participation, Canada has proposed an innovative provision to ensure that measures related to permit and qualification requirements and procedures are not discriminatory on the basis of gender. The Trade in Services Agreement (TiSA) is a draft international trade treaty between 23 parties, including the European Union and the United States. The agreement aims to liberalise global trade in services such as banking, healthcare and transport. [1] Criticism of the secrecy of the deal emerged in June 2014 after WikiLeaks published a secret draft of the financial services annex to last year`s April proposal. [2] Another publication took place in June 2015[3], and another in May 2016. [4] In addition, Canada is strongly committed to increasing transparency in trade in services. It invites all Contracting Parties to undertake to publish legislative and administrative proposals in advance and to give interested parties the opportunity to comment on such legislative and administrative proposals.

Canada also applies national regulatory rules to ensure transparency and objectivity of licensing and qualification requirements for certain services, while respecting and maintaining each Party`s right to regulation in the public interest. WikiLeaks published in June 2014 a secret draft of the financial services annex to the April proposal of April of the previous year. [2] Another publication took place in June 2015[3] and May 2016. [4] The Trade in Services Agreement (TiSA) is a services-only trade agreement currently negotiated by 23 members of the World Trade Organization (WTO), including Canada. Negotiations were launched in March 2013 by a group of like-minded countries to further liberalize trade in services through the development of new and improved disciplines and improve market access. Although the TiSA negotiations are taking place outside the WTO framework, the parties rely on the WTO`s General Agreement on Trade in Services (GATS) with the aim of transforming it into a WTO agreement by extending participation to all WTO Members. In order to engage with Canadian citizens and stakeholders across the country on Canada`s approach to trade policy, the Government of Canada regularly consults with a wide range of stakeholders in active trade negotiations. Global Affairs Canada also consults with all relevant federal government departments and agencies, as well as provincial and territorial government representatives and Indigenous groups. Global Affairs provides regular updates and seeks advice and guidance from interested business groups, exporters, investors, citizen organizations, academics and unions during negotiations. We call on the TiSA parties to include all measures inconsistent with national treatment in Section B of their schedules and thus subject these measures to the ratchet and status quo mechanisms. This outcome would provide additional predictability and would be safe for TISA environmental service providers, as measures inconsistent with national treatment would in fact be blocked at their current level of openness.

The EU says its trade agreements do not prevent governments at any level from providing services in areas such as water, education, health and social affairs. [9] The EU has stated that companies are not allowed to provide publicly funded health or social services outside its borders. [9] The EU has made its position papers, offers and trading reports available online. [10] The TISA parties represent a huge services market representing nearly two-thirds of the global economy with more than 1.6 billion people and a combined GDP of nearly $50 trillion in 2015. The 23 WTO Members participating in the TiSA negotiations (i.e. the parties) are: Australia, Canada, Chile, Chinese Taipei, Colombia, Costa Rica, European Union, Hong Kong (China), Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New Zealand, Norway, Pakistan, Panama, Peru, South Korea, Switzerland, Turkey and the United States. Myth: GBA will undermine the protection of the rights of Indigenous peoples in Canada. Fact: Canada protects the rights of Indigenous peoples in all of its international trade agreements. GbA commitments do not affect Canada`s ability to deliver new and existing benefits to Indigenous peoples at the federal, provincial, territorial or local levels. In order to preserve the constitutionally protected rights of Indigenous peoples and maintain policy flexibility on Indigenous issues, Canada`s traditional approach in its free trade agreement is to include exemptions for Indigenous groups in the areas of services and investment, government procurement, and state-owned enterprises.

Myth: TISA will force the Canadian government to deregulate the Canadian service industry. Reality: GbA does not enforce or promote the deregulation of services. Canada`s regulatory system is one of the most advanced in the world in terms of transparency and predictability. Good regulatory practices applied by various regulators in Canada are often used to set the standards for the development of international trade disciplines, not the other way around. Myth: TISA will lead to an influx of foreign workers from GBA countries and take control of Canadian jobs. Reality: As with all Canadian trade agreements, including TISA, Canada`s immigration laws are not covered by the obligations of the agreement. Canada makes reciprocal commitments with its trading partners to facilitate work permits for certain highly qualified professionals who have a pre-arranged contract or offer of employment from a Canadian company. In other words, foreign professionals could not simply enter Canada and look for work in competition with Canadians. Myth: GBA will allow low-skilled workers to enter. Reality: Under all of its existing free trade agreements, Canada will not make any commitments for low-skilled TISA workers. Mode 1: We call on TiSA Parties to make comprehensive commitments to Mode 1 with respect to market access and national treatment in all subsectors, to the extent possible.

With the advent of information and communication technologies and services, environmental services can increasingly be provided on the basis of mode 1 (e.g. B, advisory and support services, electronic monitoring of wastewater quantities/quality). Parties to the TISA should refrain from making commitments in mode 1 for reasons of technical impracticability. The TISA is intended to be a forward-looking agreement that is as sustainable as possible. What are Canada`s GBA priorities? Canada is one of the world`s largest exporters of services, and services make an important contribution to the country`s economy. Canada`s GBA priorities are to create new opportunities for Canadian service providers in new markets and to improve the transparency and predictability of international regulation in trade in services. In particular, Canada is committed to improving opportunities for Canadian businesses in key sectors, including engineering services, financial services, architectural services, environmental services, and information and communication technology services. A prudential exclusion is an integral part of Canada`s financial services agreements.

The exception gives financial authorities the opportunity to take measures to protect the soundness of financial systems without violating trade agreements. A preliminary analysis of the financial services annex by prominent free trade critic Professor Jane Kelsey, University of Auckland, New Zealand, Faculty of Law, was published with the wikileaks publication. [18] The agreement has been criticized for the secrecy surrounding the negotiations. The first page of the negotiating document leaked by Wikileaks reads: “Publish the: Five years after the entry into force of the TISA agreement or, if no agreement enters into force, five years after the conclusion of the negotiations.” [2] Due to this practice, it is not possible to be informed of the liberalisation rules proposed by the participating countries for the future agreement. .

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