Australia – Side instruments
Culture
Letter from the Honourable François-Philippe Champagne
The Hon Steven Ciobo, MP
Minister for Trade, Tourism and Investment
Australia
Dear Minister,
In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of Australia (Australia):
Canada and Australia agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content”, Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.
I have the honour to propose that this letter, equally valid in English and in French, and your letter in reply shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Australia.
Yours sincerely,
The Honourable François-Philippe Champagne
Minister of International Trade
Reply from the Honourable Steven Ciobo
8 March 2018
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Dear Minister,
I am pleased to acknowledge receipt of your letter of 8 March 2018, which reads as follows:
“In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of Australia (Australia):
Canada and Australia agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content,” Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.
I have the honour to propose that this letter, equally valid in English and French, and your letter in reply shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Australia.”
I have the honour to confirm that the above reflects the agreement reached between our Governments, and that your letter, equally valid in English and French, and this letter in reply shall constitute an agreement between our Governments, which shall enter into force on the date of entry into force of the Agreement as between Australia and Canada.
Sincerely,
Steven Ciobo
Beef
Letter from the Honourable François-Philippe Champagne
8 March 2018
The Hon Steven Ciobo, MP
Minister for Trade, Tourism and Investment
Australia
Dear Minister,
In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the "Agreement"), I have the honour to confirm the following agreement reached between the Government of Australia (Australia) and the Government of Canada (Canada):
Customs duties on Australian originating goods classified under the tariff lines 0201.10.20, 0201.20.20, 0201.30.20, 0202.10.20, 0202.20.20 and 0202.30.20 in Annex 2-D – Schedule of Canada shall be eliminated in accordance with the staging category B6.
I have the further honour of proposing that this letter, equally valid in English and French, and your letter of confirmation in reply, shall constitute an agreement between our Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Canada and Australia.
Sincerely,
The Honourable François-Philippe Champagne
Minister of International Trade
Reply from the Honourable Steven Ciobo
8 March 2018
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Dear Minister,
I am pleased to acknowledge receipt of your letter of 8 March 2018, which reads as follows:
“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the "Agreement"), I have the honour to confirm the following agreement reached between the Government of Australia (Australia) and the Government of Canada (Canada):
Customs duties on Australian originating goods classified under the tariff lines 0201.10.20, 0201.20.20, 0201.30.20, 0202.10.20, 0202.20.20 and 0202.30.20 in Annex 2-D – Schedule of Canada shall be eliminated in accordance with the staging category B6.
I have the further honour of proposing that this letter, equally valid in English and French, and your letter of confirmation in reply shall constitute an agreement between our Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Canada and Australia.”
I have the honour to confirm that the above reflects the agreement reached between our Governments, and that your letter, equally valid in English and French, and this letter in reply shall constitute an agreement between our Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Australia and Canada.
Sincerely,
Steven Ciobo
Motor vehicles
Letter from the Honourable Steven Ciobo
8 March 2018
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Dear Minister,
In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the "Agreement"), I have the honour to confirm the following agreement reached between the Government of Canada (Canada) and the Government of Australia (Australia):
For the purposes of determining whether a good of heading 87.03 qualifies as originating in accordance with Chapter 3 (Rules of Origin and Origin Procedures) of the Agreement, the applicable product specific rule of origin shall be:
- A change to a good of subheading 87.03 from any other heading; or
- No change in tariff classification required for a good of heading 87.03, provided there is a regional value content of not less than:
- 40 per cent under the net cost method; or
- 50 per cent under the build-down method.
I have the further honour of proposing that this letter and your letter of confirmation in reply, equally valid in English and French, shall constitute an agreement between our Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Canada and Australia.
Yours Sincerely,
The Hon Steven Ciobo, MP
Minister for Trade, Tourism and Investment
Australia
Reply from the Honourable François-Philippe Champagne
8 March 2018
The Hon Steven Ciobo, MP
Minister for Trade, Tourism and Investment
Australia
Dear Minister,
I am pleased to acknowledge receipt of your letter of 8 March 2018, which reads as follows:
“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the "Agreement"), I have the honour to confirm the following agreement reached between the Government of Canada (Canada) and the Government of Australia (Australia):
For the purposes of determining whether a good of heading 87.03 qualifies as originating in accordance with Chapter 3 (Rules of Origin and Origin Procedures) of the Agreement, the applicable product specific rule of origin shall be:
- A change to a good of subheading 87.03 from any other heading; or
- No change in tariff classification required for a good of heading 87.03, provided there is a regional value content of not less than:
- 40 per cent under the net cost method; or
- 50 per cent under the build-down method.
I have the honour of proposing that this letter and your letter of confirmation in reply, equally valid in English and French, shall constitute an agreement between our Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Canada and Australia.”
I have the honour to confirm that the above reflects the agreement reached between our Governments during the course of negotiations on the Agreement and that your letter and this letter in reply, equally valid in English and French, shall constitute an agreement between our Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Australia and Canada.
Sincerely,
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Confirmation of retention of side letters signed in 2016
Letter from the Honourable Steven Ciobo
8 March 2018
The Honourable François-Philippe Champagne
Minister of International Trade
Canada
Dear Minister,
In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to propose that the letters dated 4 February 2016 that our Governments signed in connection with the signing of the Trans-Pacific Partnership Agreement signed in Auckland, be equally valid and applicable with respect to the Agreement. These letters are:
- Understanding Related to Australia – Canada: Dairy and Food Processing (Letters between the Honourable Chrystia Freeland and the Hon Andrew Robb MP, dated 4 February 2016);
- Understanding Related to Australia – Canada: Distinctive Products (Letters between the Honourable Chrystia Freeland and the Hon Andrew Robb MP, dated 4 February 2016); and
- Understanding Related to Australia – Canada: Wines and Spirits (Letters between the Honourable Chrystia Freeland and the Hon Andrew Robb MP, dated 4 February 2016).
I have the further honour to propose that this letter, and your letter of confirmation in reply, equally valid in French and English, will constitute an understanding between the Government of Australia and the Government of Canada, which will come into effect on the date on which the Agreement enters into force for both Australia and Canada.
Yours sincerely,
Steven Ciobo
Reply from the Honourable François-Philippe Champagne
8 March 2018
The Hon Steven Ciobo, MP
Minister for Trade, Tourism and Investment
Australia
Dear Minister,
I have the honour to acknowledge receipt of your letter of 8 March 2018, which reads as follows:
“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to propose that the letters dated 4 February 2016 that our Governments signed in connection with the signing of the Trans‑Pacific Partnership Agreement signed in Auckland, be equally valid and applicable with respect to the Agreement. These letters are:
- Understanding Related to Australia – Canada: Dairy and Food Processing (Letters between the Honourable Chrystia Freeland and the Hon Andrew Robb MP, dated 4 February 2016);
- Understanding Related to Australia – Canada: Distinctive Products (Letters between the Honourable Chrystia Freeland and the Hon Andrew Robb MP, dated 4 February 2016); and
- Understanding Related to Australia – Canada: Wines and Spirits (Letters between the Honourable Chrystia Freeland and the Hon Andrew Robb MP, dated 4 February 2016).
I have the further honour to propose that this letter, and your letter of confirmation in reply, equally valid in French and English, will constitute an understanding between the Government of Australia and the Government of Canada, which will come into effect on the date on which the Agreement enters into force for both Australia and Canada.”
I have honour to confirm that the above reflects the understanding reached between the Government of Australia and the Government of Canada during the course of negotiations on the Agreement, and that your letter and this letter in reply, equally valid in French and English, will constitute an understanding between the Government of Australia and the Government of Canada, which will come into effect on the date on which the Agreement enters into force for both Australia and Canada.
Yours sincerely,
The Hon François-Philippe Champagne
Minister of International Trade
Canada
Distinctive Products: Canadian Whisky and Rye Whisky (2016 letter)
Letter from the Honourable Chrystia Freeland
4 February 2016
The Honourable Andrew Robb
Minister for Trade and Investment
Australia
Dear Minister,
In connection with the signing on this date of the Trans-Pacific Partnership Agreement (the Agreement), I have the honour to confirm the following understandings reached between the Government of Canada and the Government of Australia during the course of negotiations of the Agreement regarding the treatment of the terms Canadian Whisky and Canadian Rye Whisky:
- The Australia New Zealand Food Standards Code (the Code) allows recognition of Canadian Whisky and Canadian Rye Whisky as products exclusively manufactured in Canada and that no variation of the Code is necessary for such recognition.
- To the extent contemplated in the Code, Australia will not permit the sale of any product as Canadian Whisky or Canadian Rye Whisky, unless it has been manufactured in Canada according to the laws of Canada governing the manufacture of Canadian Whisky and Canadian Rye Whisky and complies with all applicable Canadian regulations for the consumption, sale, or export as Canadian Whisky or Canadian Rye Whisky.
I have the honour of proposing that this letter, equally valid in French and English, and your letter in reply confirming that your Government shares this understanding, will constitute an understanding between our Governments that will come into effect on the date on which the Agreement enters into force for both Canada and Australia.
Sincerely,
The Honourable Chrystia Freeland
Minister of International Trade
Canada
Reply from the Honourable Andrew Robb
4 February 2016
The Honourable Chrystia Freeland
Minister of International Trade
Canada
Dear Minister
I have the honour to acknowledge receipt of your letter of 4 February 2016, which reads as follows:
“In connection with the signing on this date of the Trans-Pacific Partnership Agreement (the Agreement), I have the honour to confirm the following understandings reached between the Government of Canada and the Government of Australia during the course of negotiations of the Agreement regarding the treatment of the terms Canadian Whisky and Canadian Rye Whisky:
- The Australia New Zealand Food Standards Code (“the Code”) allows recognition of Canadian Whisky and Canadian Rye Whisky as products exclusively manufactured in Canada and that no variation of the Code is necessary for such recognition.
- To the extent contemplated in the Code, Australia will not permit the sale of any product as Canadian Whisky or Canadian Rye Whisky, unless it has been manufactured in Canada according to the laws of Canada governing the manufacture of Canadian Whisky and Canadian Rye Whisky and complies with all applicable Canadian regulations for the consumption, sale, or export as Canadian Whisky or Canadian Rye Whisky.
I have the honour of proposing that this letter, equally valid in French and English, and your letter in reply confirming that your Government shares this understanding, will constitute an understanding between our Governments that will come into effect on the date on which the Agreement enters into force for both Canada and Australia.”
I have the further honour to confirm that the above reflects the understandings reached between the Government of Canada and the Government of Australia during the course of negotiations on the Agreement, and that your letter, equally valid in French and English, and this letter in reply constitute an understanding between our Governments, that will come into effect on the date on which the Agreement enters into force for both Canada and Australia.
Yours sincerely
Andrew Robb
Wine and Spirits (2016 letter)
Letter from the Honourable Chrystia Freeland
4 February 2016
The Honourable Andrew Robb
Minister for Trade and Investment
Australia
Dear Minister,
In connection with the signing on this date of the Trans-Pacific Partnership Agreement (the Agreement), I have the honour to confirm the following understanding reached between the Government of Canada and the Government of Australia during the course of negotiation regarding the treatment of Australian wine and distilled spirits:
- If a state owned enterprise of a regional level of government in Canada applies a cost of service differential to an imported wine or distilled spirit associated with the distribution, marketing or sale of the imported product, that cost of service differential will not exceed the actual difference in the costs of the distribution, marketing and sale of an imported wine or distilled spirit compared to the cost of distribution, marketing and sale of a like domestic wine or distilled spirit.
- If a cost of service differential applied to a wine or distilled spirit product from a non-Party to this Agreement is applied on a basis other than the value of the product pursuant to an agreement with that non-Party, the cost of service differential referred to in paragraph 1 will be applied on the same basis under this Agreement.
- If a mark-up, cost of service or other pricing measure is adopted or maintained within the scope of Annex 2-A (Measures of Canada, paragraph (f)) with respect to the internal sale or distribution of a wine or distilled spirit, those measures will accord treatment no less favourable than the treatment accorded to a like wine or distilled spirit of any other Party to the Agreement or a non-Party.
- If a state owned enterprise of a regional level of government in Canada applies a cost of service differential with respect to the internal sale and distribution of wine and distilled spirits, that cost of service differential will be made available through publicly accessible means, such as its official website.
I have the honour of proposing that this letter, equally valid in French and English, and your letter in reply, confirming that your Government shares this understanding, will constitute an understanding between our Governments that will come into effect on the first date on which the Agreement is in force for both Canada and Australia.
Sincerely,
The Honourable Chrystia Freeland
Minister of International Trade
Canada
Reply from the Honourable Andrew Robb
4 February 2016
The Honourable Chrystia Freeland
Minister of International Trade
Canada
Dear Minister
I have the honour to acknowledge receipt of your letter of 4 February 2016, which reads as follows:
“In connection with the signing on this date of the Trans-Pacific Partnership Agreement (the Agreement), I have the honour to confirm the following understanding reached between the Government of Canada and the Government of Australia during the course of negotiation regarding the treatment of Australian wine and distilled spirits:
- If a state owned enterprise of a regional level of government in Canada applies a cost of service differential to an imported wine or distilled spirit associated with the distribution, marketing or sale of the imported product, that cost of service differential will not exceed the actual difference in the costs of the distribution, marketing and sale of an imported wine or distilled spirit compared to the cost of distribution, marketing and sale of a like domestic wine or distilled spirit.
- If a cost of service differential applied to a wine or distilled spirit product from a non-Party to this Agreement is applied on a basis other than the value of the product pursuant to an agreement with that non-Party, the cost of service differential referred to in paragraph 1 will be applied on the same basis under this Agreement.
- If a mark-up, cost of service or other pricing measure is adopted or maintained within the scope of Annex 2-A (Measures of Canada, paragraph (f)) with respect to the internal sale or distribution of a wine or distilled spirit, those measures will accord treatment no less favourable than the treatment accorded to a like wine or distilled spirit of any other Party to the Agreement or a non-Party.
- If a state owned enterprise of a regional level of government in Canada applies a cost of service differential with respect to the internal sale and distribution of wine and distilled spirits, that cost of service differential will be made available through publicly accessible means, such as its official website.
I have the honour of proposing that this letter, equally valid in French and English, and your letter in reply, confirming that your Government shares this understanding, will constitute an understanding between our Governments that will come into effect on the first date on which the Agreement is in force for both Canada and Australia.”
I have the further honour of proposing that this letter and your letter, equally valid in French and English, confirming that your Government shares this understanding, will constitute an understanding between our Governments, that will come into effect on the first date on which the Agreement is in force for both Canada and Australia.
Yours sincerely,
Andrew Robb
Dairy Products (2016 letter)
Letter from the Honourable Chrystia Freeland
4 February 2016
The Honourable Andrew Robb
Minister for Trade and Investment
Australia
Dear Minister,
In connection with the signing on this date of the Trans-Pacific Partnership Agreement (the Agreement), I have the honour to confirm the following understandings reached between the Government of Canada and the Government of Australia during the course of negotiation of the Agreement:
- Canada confirms that Australian dairy products, including those imported under HS Chapter 3504 such as milk protein concentrates, can be utilised in dairy processing in Canada to the fullest extent possible, including in cheesemaking.
- Nothing in this understanding is intended to derogate from any rights or obligations under the WTO SPS Agreement and the WTO TBT Agreement.
I have the further honour of proposing that this letter, equally valid in English and French, and your letter in reply confirming that your Government shares this understanding, will constitute an understanding between our Governments which will come into effect on the first date on which the Agreement is in force for both Canada and Australia.
Sincerely,
The Honourable Chrystia Freeland
Minister of International Trade
Canada
Reply from the Honourable Andrew Robb
4 February 2016
The Honourable Chrystia Freeland
Minister of International Trade
Canada
Dear Minister
I have the honour to acknowledge receipt of your letter of 4 February 2016, which reads as follows:
“In connection with the signing on 4 February 2016 of the Trans-Pacific Partnership Agreement (the Agreement), I have the honour to confirm the following understandings reached between the Government of Canada and the Government of Australia during the course of negotiation of the Agreement:
Canada confirms that Australian dairy products, including those imported under HS Chapter 3504 such as milk protein concentrates, can be utilised in dairy processing in Canada to the fullest extent possible, including in cheesemaking.
Nothing in this understanding is intended to derogate from any rights or obligations under the WTO SPS Agreement and the WTO TBT Agreement.
I have the further honour of proposing that this letter, equally valid in English and French, and your letter in reply confirming that your Government shares this understanding, will constitute an understanding between our Governments which will come into effect on the first date on which the Agreement is in force for both Canada and Australia.”
I have the further honour to confirm that the above reflects the mutual understandings reached between the Government of Australia and the Government of Canada during the course of negotiations on the Agreement, and that your letter, equally valid in English and French, and this letter in reply constitute a Memorandum of Understanding between the Government of Australia and the Government of Canada that will come into effect on the date on which the Agreement enters into force for both Canada and Australia.
Yours sincerely
Andrew Robb
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