by the negotiators of the Trans-Pacific Partnership

“ If a Party considers that a non-conforming measure applied by a regional level of government of another Party creates a material impediment to trade or investment by a financial institution, an investor, investments in a financial institution or a cross-border financial service supplier, the Party may request consultations with regard to that measure. ”

“ A financial institution organised in the territory of another Party will only be authorised to provide portfolio management services to a collective investment scheme located in Mexico if it provides the same services in the territory of the Party where it is established. ”

“ A Party that accords recognition of prudential measures under paragraph 1 shall provide adequate opportunity to another Party to demonstrate that circumstances exist in which there are or would be equivalent regulation, oversight, implementation of regulation and, if appropriate, procedures concerning the sharing of information between the relevant Parties. ”

“ The Party of the claimant may make oral and written submissions to the tribunal regarding the issue of whether and to what extent Article 11.11 (Exceptions) is a valid defence to the claim. Unless it makes such a submission, the Party of the claimant shall be presumed, for the purposes of the arbitration, to take a position on Article 11.11 that is not inconsistent with that of the respondent. ”

“ If an investor of a Party submits a claim to arbitration under Section B of Chapter 9 (Investment) that Brunei Darussalam, Chile, Mexico or Peru has breached Article 9.6 (Minimum Standard of Treatment) , as incorporated into this Chapter, it may not recover for loss or damage that it incurred before:
(a) the fifth anniversary of the date of entry into force of this Agreement for Brunei Darussalam, Chile and Peru, respectively; and (b) the seventh anniversary of the date of entry into force of this Agreement for Mexico. ”

“ For Malaysia, any arrangement where: (i) the investment is made for the purpose, or having the effect, of providing facilities for persons to participate in or receive profits or income arising from the acquisition, holding, management or disposal of securities, futures contracts or any other property (referred to as “scheme’s assets”) or sums paid out of such profits or income; (ii) the persons who participate in the arrangements do not have day-to-day control over the management of the scheme’s assets ”

“ Annex 11-D Authorities Responsible for Financial Services The authorities for each Party responsible for financial services are:
(a) for Australia, the Treasury and the Department of Foreign Affairs and Trade; (b) for Brunei Darussalam, the Monetary Authority of Brunei Darussalam (Autoriti Monetari Brunei Darussalam) ; (c) for Canada, the Department of Finance of Canada; (d) for Chile, the Ministry of Finance (Ministerio de Hacienda) ; (e) for Japan, the Ministry of Foreign Affairs and the Financial Services Agency, or their successors ”

“ Senior Management and Boards of Directors 1. No Party shall require financial institutions of another Party to engage natural persons of any particular nationality as senior managerial or other essential personnel. ”

“ For Brunei Darussalam, in accordance with its laws and regulations, a payment instrument, whether in physical or electronic format, that enables a person to obtain money, goods or services, or to otherwise make payment, including credit card, charge card, debit card, cheque, automated teller machine (ATM) card, prepaid card or other instruments widely used for performing a similar function. (c) For Canada, a “payment card” as defined under the Payment Card Networks Act as of January 1, 2015. ”

“ An application shall not be considered complete until all relevant hearings have been held and all necessary information has been received. If it is not practicable for a decision to be made within 120 days, the regulatory authority shall notify the applicant without undue delay and shall endeavour to make the decision within a reasonable period of time thereafter. ”

“ For Viet Nam, a fund management company established and operated under the Securities Law of Viet Nam, and subject to regulation and supervision by the State Securities Commission of Viet Nam, in case the services in paragraph 1 are provided to manage an investment fund which invests in the assets located outside Viet Nam. ”

“ For the purposes of this Section, electronic payment services for payment card transactions does not include the transfer of funds to and from transactors’ accounts. Furthermore, electronic payment services for payment card transactions include only those payment network services that use proprietary networks to process payment transactions. These services are provided on a business to business basis. ”

“ In respect of such payment cards, in lieu of the scope of the cross-border electronic payment services referred to in this commitment, only the following cross-border financial services may be supplied: (A) receiving and sending messages among acquirers and issuers or their agents and representatives through electronic or informatic channels for: authorisation requests, authorisation responses (approvals or declines) , stand-in authorisations, adjustments, refunds, returns, retrievals, charge backs and related administrative messages ”