Decision by the Commission of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) establishing an ad-hoc Working Group to Promote a Fair, Transparent and Predictable Trading Environment in the CPTPP
The Commission decides as follows:
- In accordance with Article 27.2.2(a) (Functions of the Commission) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Commission hereby establishes an ad-hoc Working Group to promote a fair, transparent and predictable trading environment in the CPTPP (ad-hoc Working Group) composed of government representatives of each Party.
- We confirm the Terms of Reference of the ad-hoc Working Group as set forth in the Annex.
- This decision is effective as of the date of adoption by the Commission and will be made publicly available by the Chair of the Commission.
Terms of Reference: Ad-hoc Working Group to Promote a Fair, Transparent and Predictable Trading Environment in the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership (CPTPP)
The following are the terms of reference for the ad-hoc Working Group which is endorsed by the Commission on 26 June 2026:
1. Objectives
Parties recognize the importance of addressing illegal transshipment and related practices that evade or circumvent duties under the CPTPP to safeguard the benefits of the CPTPP to Parties’ mutual trade and their economies particularly in light of the Parties’ increasing role in regional and global supply chains.
Parties recognize that effective cooperation among customs authorities of the Parties with close collaboration with relevant authorities is essential to prevent illegal transshipment and related practices that evade or circumvent duties under the CPTPP and will assist in ensuring compliance with the relevant provisions of, and strengthening Parties’ collaboration under Chapters 3, 4, and 5 of the Trans-Pacific Partnership Agreement as incorporated into the CPTPP(hereinafter referred to as “the Agreement”).
2. Function
The ad-hoc Working Group will:
- provide a forum to discuss cases of illegal transshipment and related practices that evade or circumvent duties under the CPTPP and exchange information on Parties’ best practices to address such cases; and
- identify and discuss possible initiatives and areas of customs cooperation to prevent illegal transshipment and related practices that evade or circumvent duties under the CPTPP.
Where sensitive data and information is exchanged in the ad-Hoc Working Group, its confidentiality is to be protected in accordance with Parties' respective laws and regulations. Pursuant to Article 27.4.4 (Rules of Procedure of the Commission) of the Agreement, all documents produced by the ad-hoc Working Group are also confidential and will not be made public by any Party, unless the Parties decide otherwise.
The ad-hoc Working Group works under the overall direction of CPTPP Senior Officials. The progress and output of the ad-hoc Working Group will be reported to the Senior Officials in a timely manner.
3. Composition
The Ad-hoc Working Group is composed of experts knowledgeable on Chapters 3, 4 and 5 of the Agreement.
The ad-hoc Working Group may invite participation, as appropriate, by experts from other CPTPP Committees/working groups.
The ad-hoc Working Group will be chaired by a representative from Mexico without rotating, unless otherwise decided by consensus.
4. Scope of Discussion
The scope of discussions of the ad-hoc Working Group will include the following:
- Gaining better understanding of the situation regarding illegal transshipment and related practices that evade or circumvent duties under the CPTPP, by discussing Parties’ experiences and typical cases;
- Discussing Parties’ current and planned initiatives or best practices to address illegal transshipment and related practices that evade or circumvent duties under the CPTPP;
- Discussing possible areas of cooperation among Parties such as the exchange of information through bilateral cooperation mechanisms in a timely manner to address specific cases, to the extent possible, in accordance with applicable laws and regulations;
- Identifying strategies to raise awareness and engagement with stakeholders; and
- Discussing possible ways to address fraudulent activities related to illegal transshipment and related practices that evade or circumvent duties under Chapters 3 and 4 of the Agreement, and possible ways to ensure effective enforcement, focusing initially on the sectors of textiles, footwear, steel, aluminum, and glass.
5. Meetings
The ad-hoc Working Group will hold online meetings regularly as decided by the Parties to facilitate in-depth discussions among participants and report on progress and output, including possible recommendations, to Senior Officials. Senior Officials will periodically review the effectiveness and/or ongoing need for the ad-hoc Working Group.
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