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With trade following investment, we are working to ensure that U.S. investors abroad are provided the same kind of opportunities in other markets that we provide in the United States to foreign investors doing business within our borders. That is why we are seeking to include in TPP many of the investment obligations that have historically proven to support jobs and economic growth, as well as new provisions to take on emerging investment issues.
Specifically, in the TPP we are seeking:
- Liberalized access for investment in TPP markets, non-discrimination and the reduction or elimination of other barriers to the establishment and operation of investments in TPP countries, including prohibitions against unlawful expropriation and specified performance requirements;
- Provisions that will address measures that require TPP investors to favor another country’s domestic technology in order to benefit SOEs, national champions, or other competitors in that country; and
- Procedures for arbitration that will provide basic rule of law protections for U.S. investors operating in foreign markets similar to those the U.S. already provides to foreign investors operating in the U.S. These procedures would provide strong protections to ensure that all TPP governments can appropriately regulate in the public interest, including on health, safety, and environmental protection. This includes an array of safeguards designed to raise the standards around investor-state dispute settlement, such as by discouraging and dismissing frivolous suits, allowing governments to direct the outcome of arbitral tribunals in certain areas, making proceedings more open and transparent, and providing for the participation of civil society organizations and other non-parties.
For more information on investment, visit www.ustr.gov/issue-areas/services-investment/investment.