Consolidated TPP Text – Annex IV – Schedule of the United States of America

Obligations Concerned: Article 17.4.1(a) Non-discriminatory Treatment and Commercial Considerations), with respect to the supply of financial services

Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations), with respect to the supply of financial services

Article 17.6.1(b) (Non-commercial Assistance)

Entity: Federal National Mortgage Association, Federal Home Loan Mortgage Corporation and the Government National Mortgage Association, or any new, reorganised or transferee enterprises, with similar functions and objectives.

Scope of Non-Conforming Activities: With respect to Article 17.4.1(a) (Non-discriminatory Treatment and Commercial Considerations) and Article 17.6.1(b) (Non-commercial Assistance), to facilitate housing finance in the United States, the Entity, pursuant to considerations, consistent with laws and regulations:

• (a) purchases, sells or trades single-family, multi-family, and commercial mortgage loans, and assets underlying these loans as a consequence of foreclosure or a similar action in connection with defaulted debt;
• (b) issues mortgage-backed securities and direct debt or other obligations related to risks associated with those securities;
• (c) guarantees or insures the timely payment of principal and interest on mortgage-backed securities;
• (d) administers payments associated with mortgage-backed securities; and
• (e) purchases, sells or trades mortgage-backed securities and direct debt or other obligations related to risks associated with those securities.

With respect to Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations), to facilitate housing finance in the United States, the Entity may, in certain circumstances, pursuant to considerations consistent with laws and regulations such as 12 U.S.C. 1451-1459 and 12 U.S.C. 1716-1723i:

• (a) purchase, sell, trade single-family, multi-family, and commercial mortgage loans, and assets underlying such loans as a consequence of foreclosure or a similar action in connection with defaulted debt, and administer payments associated with such loans or assets, only with enterprises in the territory of the United States; and
• (b) guarantee or insure the timely payment of principal and interest only on mortgage-backed securities that are issued by enterprises in the territory of the United States.

The scope of non-conforming activities listed with respect to Article 17.4.1(a) and Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations) includes the purchase of associated financial services.

Measures: 12 U.S.C. 1451-1459

12 U.S.C. 1716-1723i

Obligations Concerned: Article 17.4.1(a) (Non-discriminatory Treatment and Commercial Considerations), with respect to the supply of financial services

Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations), with respect to the supply of financial services

Article 17.6.1(b) (Non-commercial Assistance)

Entity: Federal Financing Bank, or any new, reorganised or transferee enterprise, with similar functions and objectives.

Scope of Non-Conforming Activities: With respect to Article 17.4.1(a) (Non-Conforming Activities: discriminatory Treatment and Commercial Considerations) and Article and 17.6.1(b) (Non-commercial Assistance), the Entity may, pursuant to considerations set out in laws and regulations:

• (a) provide loans (including through the purchase of obligations, such as bonds or notes) that are guaranteed by U.S. federal agencies or by U.S. federal government-authorised entities to (a) enterprises; and to (b) governments of other TPP Parties; and
• (b) issue or sell obligations to privately owned enterprises.

With respect to Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations), the Entity may, in certain circumstances and pursuant to considerations set out in laws and regulations:

• (a) provide loans (including through the purchase of obligations, such as bonds or notes) that are guaranteed by U.S. federal agencies or by U.S. federal government-authorised entities only to (a) privately owned enterprises in the territory of the United States; (b) enterprises in the territories of certain other countries; or (c) governments of certain other countries as determined by the United States; and
• (b) issue or sell obligations only to (a) privately owned enterprises in the territory of the United States; or (b) enterprises in the territories of certain other countries as determined by the United States.

The scope of non-conforming activities listed with respect to Article 17.4.1(a) and Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations) includes the purchase of associated financial services.

Measures: 12 U.S.C. 2285

Obligations Concerned: Article 17.4.1 (a) (Non-discriminatory Treatment and Commercial Considerations), with respect to financial services

Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations), with respect to financial services

Entity: A national infrastructure bank, or any reorganised or transferee enterprise, with similar functions and objectives.

Scope of Non-Conforming Activities: With respect to Article 17.4.1(a) and Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations), the Entity, pursuant to a government mandate in laws and regulations, provides financing at below market rates to privately owned enterprises to construct or maintain general infrastructure located in whole or in part in the territory of the United States, and may, in certain circumstances and pursuant to a government mandate, provide this financing only to privately owned enterprises in the territory of the United States.

The scope of non-conforming activities listed with respect to Article 17.4.1(a) and Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations) includes the purchase of associated financial services.