22.
Sector: Agriculture, Manufacturing Services Incidental to Agriculture, Manufacturing
Sub-Sector: Horticulture
Industry Classification: ISIC 0111, 0112, 0113, 0140, 1513, 1514, 1531, 1549, 2423 CPC 88110, 88411
Level of Government: Central
Type of Obligation: National Treatment Senior Management and Board of Directors
Description of Measure:
National Treatment and Senior Management and Board of Directors shall not apply to any measures related to the Horticulture subsector activities including but not limited to breeding and propagation, cultivation, harvest and post-harvest, processing, and their services incidental.
Transition period of four years is provided for existing investors (25) in the Horticulture subsectors to make adjustment to comply with measures stated in the Law No. 13 of 2010 and its implementing regulation.
The definition of Horticulture subsectors can be found in the Law No. 13 of 2010.
Source of Measure
- Law No. 13 of 2010 concerning Horticulture - Government Policy
Lao pdr
1.
Sector: All Sectors
Sub-Sector: -
Industry Classification: -
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: Foreign investors (1) are not allowed to own land, but allowed to lease land or to receive grant concession of land for investment purpose. The period of the lease is between 35 – 50 years and can be extended for another 25 years to a maximum of 75 years, for agriculture, mining and energy.
Source of Measure :
-Land Law No: 04/NA, Art: 3, 64, 65, 66 and 67, Dated: 20 October 2003.
-Law on the Promotion of Foreign Investment No: 11/NA, Art: 04, Dated: 22 October 2004.
2.
Sector: All Sectors
Sub-Sector: -
Industry Classification: -
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: Foreign investors needs to obtain investment license as follows:
- For investment of more than USD 5 million in the provinces of Savannakhet, Champasack and Luangpabang, and for investment of more than USD 3 million in other provinces, requirement of investment license from the Ministry of Planning and Investment (MPI).
- Investment licenses may be obtained either from the MPI or from the Committee for promotion and Management of Investment (CPMI), for investment of less than USD 5 million in the provinces of Savannakhet, Champasack and Luangpabang.
- Investment licenses may be obtained either from the MPI or from the Committee for promotion and Management of Investment (CPMI), for investment of less than USD 3 million in the other provinces. The investment term of a foreign investment enterprise depends on the nature, size and conditions of the business activities or project but shall not exceed fifty years and may be extended with the approval of the government. However, the investment term of a foreign investment enterprise shall be for a maximum of seventy-five years.
Source of Measure: Decree No: 301/PM, Dated: 12 October 2005 of Prime Minister regarding the implementation of the Law on the Promotion of the Foreign Investment, Article 39-43.
3.
Sector: All Sectors
Sub-Sector: -
Industry Classification: -
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: There are 3 types of businesses for foreign investment: Joint Venture (2), wholly-owned foreign and business cooperation by contracts. Foreign investors investing in a Joint Venture must contribute at least thirty percent (30%) of the total investment capital and minimum registered capital USD 100,000.
Source of Measure : Investment Law Article: 7; No: 73/PO, Dated 22 October 2004.
4.
Sector : Mining and Quarrying
Sub-Sector : -Exploration and extraction mining and agglomeration of hard coal, lignite, peat
-Exploration and extraction of crude petroleum, natural gas
-Mining of chemical and fertilizer minerals
Industry Classification : ISIC 1010, 1020, 1030 ISIC 1110 ISIC 1421
Level of Government : Central
Type of Obligation : National Treatment
Description of Measure : Investment in mining operations in Lao PDR shall take following forms:
-sole investment by the state;
-joint investment between the state and domestic or foreign investors;
-collective or private investment from domestic investors.
Source of Measure : -Mining Law Article 21, No: 04-97/NA, Dated 12 April 1997. -Decree of Prime Minister regarding the implementation of the Law on the Promotion of Foreign Investment No. 301/PM, Dated 12/10/2005, Article 25 and 25.2.
Justification : Exploitation of natural resources with high technology to preserve the environment and natural resource.
5.
Lao PDR Reservation No. 5 (Manufacturing Sector) is removed from the ACIA Reservation list
6.
Sector: Mining and Quarrying
Sub-Sector: Mining of chemical and fertilizer minerals: Guano (Bat Dung) mining
Industry Classification: 1421
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: Collection of Guano is reserved for citizens and companies wholly-owned by citizens.
Source of Measure : -Order of the Ministry of Agriculture and Forestry, order of the Ministry of Agriculture and Forestry, No.2050/MAF99, dated 20/12/1999.Regarding to prohibition of Guano excavation for export. -Order of Ministry of Agriculture and Forestry, No. 613/MAF99, Dated 8/7/2005, regarding utilization and management of Guano in Lao PDR.
Justification: May not need to reserve for use of domestic citizens as it may not allow the export in the future.
7.
Sector: Agriculture and Services Incidental to Agriculture
Sub-Sector: Hunting, trapping and game propagation and services related to hunting
Industry Classification: ISIC 0150 CPC 88130
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: Subject to agreement and specific approval from the Lao government.
Source of Measure : -Decree of Prime Minister regarding the implementation of the Law on the Promotion of Foreign Investment No. 301/PM, Dated 12/10/2005, Article: 24 annex 4. -The measures stipulated in the article 24, 31and 32 of the Law on wildlife No. 07/NA, 24/12/2007 are applied only Lao national.
8.
Sector: Fishery
Sub-Sector: Operation of fish hatcheries
Industry Classification : ISIC 0500
Level of Government: Central
Type of Obligation : National Treatment
Description of Measure : Operation of fish/aquaculture hatcheries in the Mekong River and its tributaries in Lao PDR is reserved for citizens and companies wholly-owned by Lao citizens. No foreigner is authorize to undertake fishing activity for commercial purposes in Lao PDR.
Source of Measure : -Decree of Prime Minister regarding the implementation of the Law on the Promotion of Foreign Investment No. 301/PM, Dated 12/10/2005, Article: 24 annex 4. -Policy of the Ministry of Agriculture and Forestry Draft of Fishing and Fishery Law: Article 26 (in endorsement process). -Wildlife Law, No. 07/NA, dated 24/12/2007: Article 24, 31 and 32 on catching/hunting aquatic and wild animals.
Malaysia
1.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central
Type of Obligation : National Treatment Senior Management and Board of Directors
Description of Measure : Every company incorporated in Malaysia shall have at least 2 directors who each has his principal or only place of residence within Malaysia (Section 122(1) of the Companies Act 1965 [Act 125]).
Source of Measure : Companies Act 1965 [Act 125]
2.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central and Regional
Type of Obligation : National Treatment
Description of Measure : Acquisitions or dealings of land by foreign investors must be approved by the relevant State Authority, subject to such conditions and restrictions as may be imposed by that Authority.
Source of Measure : - Land Acquisition Act, 1960 [Act 486] Land Conservation Act 1960 [Act 385] National Land Code 1965 [Act 56] National Land Code (Penang and Malacca Titles) Act 1963 [Act 518] Strata Titles Act 1985 [Act 318] Building and Common Property (Maintenance and Management) Act 2007 [Act 663] Strata Management Act 2012 [Act 757] Federal Lands Commissioner Act 1957 (Revised 1988) [Act 349] Land (Group Settlement Areas) Act 1960 [Act 530] Malay Reservations Enactment 1933 Kedah Enactment No 63 (Malay Reservations) Kelantan Malay Reservations Enactment, 1930 MY/RL2/Rev.1/Suppl.2 - Kelantan Land Settlement Act 1955 (Revised 1991) [Act 460] - Perlis Malay Reservations Enactment, 1353 - Perlis Land Settlement Enactment, 1966 - Johore Malay Reservation Enactment, 1936 - Terengganu Malay Reservation Enactment, 1360 - Terengganu Settlement Enactment, 1356 - Sabah Land Ordinance (Sabah Cap 68) - Sabah Land Acquisition Ordinance (Sabah Cap 69) - Sarawak Land Code 1958 - Local Government Act 1976 [Act 171] - Town and Country Planning Act 1976 [Act 172] - Federal Territory (Planning) Act 1982 [Act 267] - Federal Capital Act 1960 [Act 190] - Street, Drainage and Building Act 1974 [Act 133]
3.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central
Type of Obligation : National Treatment
Description of Measure : Where the Companies Act 1965 [Act 125] or memorandum and articles of association of a company imposes a prescribed foreign shareholding limit, the company may restrict certain entitlement with respect to shares that have exceeded the prescribed limit (1) (excess shares).
Source of Measure : - Companies Act 1965 [Act 125] - Securities Industry (Central Depositories) Act 1991 [Act 453] - Securities Industry (Central Depositories) (Foreign Ownership) Regulations 1996
4.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central
Type of Obligation : National Treatment
Description of Measure : Malaysia reserves the right to adopt or maintain any measure with respect to securities to be listed or listed on a stock exchange and any matter relating to the acquisition of interests, take-overs and mergers of a public listed company.
Source of Measure : - Capital Market and Services Act 2007 [Act 671] - Securities Industry (Central Depositories) Act 1991[Act 453] - Securities Industry (Central Depositories) (Foreign Ownership) Regulations 1996.
5.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central and Regional
Type of Obligation : National Treatment Senior Management and Board of Directors
Description of Measure : Malaysia reserves the right to adopt or maintain any measures relating to privatisation, divestment of assets through transfer or disposal of equity interests or assets owned wholly or partially by the Government. All privatised projects are subjected to Malaysia's social and economic development policies and the Privatisation Master Plan with regards to foreign participation. In general, foreign participation is restricted to 25% of total equity. However, considerations can be given up to 49% on a case by case basis. Foreign participation may be considered in the following cases: - where foreign expertise is needed to upgrade efficiency and such expertise is not available locally; - where their participation is necessary to promote export market; - where local capital is insufficient; and - where the nature of business requires international linkages and exposure. All conditions imposed on existing privatised entities will continue to be applicable.
Source of Measure : - Malaysia Public Private Partnership (PPP) programme - Privatisation Master Plan - Guidelines on Public Private Partnership (PPP) - Social and economic development plans/policies - New Economic Model
6.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central and Regional
Type of Obligation : National Treatment Senior Management and Board of Directors
Description of Measure : Malaysia reserves the right to adopt or maintain any measure affecting activities restricted to designated enterprises (2) which are liberalised to those other than the designated entities or where such designated enterprise no longer operate on a non-commercial basis.
Source of Measure : - Control of Padi and Rice Act 1994 [Act 522] Industrial Co-Ordination Act 1975 [Act 156] Government Policy Administrative Guidelines
7.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -
Level of Government : Central and Regional
Type of Obligation : National Treatment Senior Management and Board of Directors
Description of Measure : Malaysia reserves the right to adopt or maintain any measure for the purposes of enhancing Bumiputera (3) participation in the Malaysia economy. Such measures include: - new/additional licences or permits; - assistance, rights, preferences or benefits accorded to Bumiputera; and - providing favourable treatment in relation to acquisition, establishment or operation of any commercial or industrial entity. For greater certainty, such measures do not require an investor by reason of its nationality, to sell or otherwise dispose of an existing investment.
Source of Measure : - Federal Constitution Aboriginal Peoples Act 1954 [Act 134] Interpretation Ordinance 2005 (Cap.61) Interpretation (Definition of Native) (Cap.64) Government Policy New Economic Policy National Development Policy - National Vision Policy - Guidelines on the Acquisition of Properties, Economic Planning Unit - Administrative Guidelines
8.
Sector : All Sectors
Sub-Sector : -
Industry Classification : -