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Memorandum on Leaked TISA Financial Services Text







Professor Jane Kelsey, Faculty of Law, University of Auckland, New
Zealand








This memorandum provides a preliminary analysis of the leaked
financial services chapter of the Trade in Services Agreement dated
14 April 2014. It makes the following points:




  • The secrecy of negotiating documents exceeds even the
    Trans-Pacific Partnership Agreement (TPPA) and runs counter to
    moves in the WTO towards greater openness.




  • The TISA is being promoted by the same governments that
    installed the failed model of financial (de)regulation in the WTO
    and which has been blamed for helping to fuel the Global
    Financial Crisis (GFC).




  • The same states shut down moves by other WTO Members to
    critically debate these rules following the GFC with a view to
    reform.




  • They want to expand and deepen the existing regime through
    TISA, bypassing the stalled Doha round at the WTO and creating
    a new template for future free trade agreements and ultimately
    for the WTO.




  • TISA is designed for and in close consultation with the global
    finance industry, whose greed and recklessness has been blamed
    for successive crises and who continue to capture rulemaking in
    global institutions.




  • A sample of provisions from this leaked text show that
    governments signing on to TISA will: be expected to lock in and
    extend their current levels of financial deregulation and
    liberalisation; lose the right to require data to be held onshore;
    face pressure to authorise potentially toxic insurance products;
    and risk a legal challenge if they adopt measures to prevent or
    respond to another crisis.



    Without the full TISA text, any analysis is necessarily tentative. The
    draft TISA text and the background documents need to be released
    to enable informed analysis and decision-making. 






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