by the negotiators of the Trans-Pacific Partnership

“ Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources
Subject to each Party's international obligations, each Party may establish appropriate measures to respect, preserve and promote traditional knowledge and traditional cultural expressions. ”

“ For greater certainty, a measure with respect to tobacco leaf that is not in the possession of a manufacturer of tobacco products or that is not part of a manufactured tobacco product is not a tobacco control measure. ”

“ However, no investor may invoke Article 9.7 (Expropriation and Compensation) as the basis for a claim if it has been determined pursuant to this paragraph that the measure is not an expropriation. An investor that seeks to invoke Article 9.7 (Expropriation and Compensation) with respect to a taxation measure must first refer to the designated authorities of the Party of the investor and the respondent Party, at the time that it gives its notice of intent under Article 9.18 (Submission of a Claim to Arbitration) , the issue of whether that taxation measure is not an expropriation. ”