For the Kingdom of Cambodia:
PAN SORASAK
Minister of Commerce
For the Republic of Indonesia:
ENGGARTIASTO LUKITA
Minister of Trade
For the Lao People's Democratic Republic:
KHEMMANI PHOLSENA
Minister of Industry and Commerce
For Malaysia:
MUSTAPA MOHAMED
Minister of International Trade and Industry
For the Republic of the Union of Myanmar:
KYAW WIN
Union Minister for Planning and Finance
For the Republic of the Philippines:
RAMON M. LOPEZ
Secretary of Trade and Industry
For the Republic of Singapore:
LIM HNG KIANG
Minister for Trade and Industry (Trade)
For the Kingdom of Thailand:
APIRADI TANTRAPORN
Minister of Commerce
For the Socialist Republic of Viet Nam:
TRAN TUAN ANH
Minister of Industry and Trade
Attachments
Schedule to the asean comprehensive investment agreement
HEADNOTE. List of reservations
1. The Schedule of ASEAN Member States sets out, pursuant to Article 9 (Reservations), Member States' measures that do not conform to the obligations under:
(a) Article 5 (National Treatment); and
(b) Article 8 (Senior Management and Board of Directors).
2. Each reservation sets out the following elements, where applicable:
(a) "Sector(s)" refers to either manufacturing, agriculture, fishery, forestry, mining and quarrying, services incidental to these sectors (Mode 3 (commercial presence) of services incidental to these sectors), all or a combination of these sectors in which a reservation is taken;
(b) "Sub-Sector(s)" refers to specific industries/products/activities in which a reservation is taken;
(c) "Industry Classification" refers to the activities covered by the reservation according to:
• International Standard Industrial Classification (ISIC) Revision 3 for manufacturing, agriculture, fishery, forestry, mining and quarrying or, where applicable, ASEAN Harmonised Tariff Nomenclature (AHTN) codes;
• UN Provisional Central Product Certification (pCPC) 1991 (Series M No. 77) for services incidental to manufacturing, agriculture, fishery, forestry, mining and quarrying sectors (pCPC 881 – 885).
As necessary and appropriate, Member States could specify the exact coverage of the reservations if the reservations do not exactly conform to the classification system.
(d) "Level of Government" specifies the level of government (Central or Regional) maintaining the measure for which a reservation is taken;
(e) "Type of Obligation" refers to the obligation of National Treatment (NT) or/and Senior Management and Board of Directors (SMBD), as the case may be, which do not apply to the listed measure(s);
(f) "Description of Measure" shall refer to measures that do not conform to National Treatment and Senior Management and Board of Directors for which a reservation is taken; and
(g) "Source of Measure" is identified for transparency purposes only, for existing measures that apply to the sector, sub-sector or activities covered by the reservations.
3. Member States' commitments under the GATS shall apply to measures affecting the supply of services under Modes 1, 2 and 4 of services incidental to manufacturing, agriculture, fishery, forestry, mining and quarrying. For this purpose, Member States need not make any reservations on measures that do not conform to Article 5 (National Treatment) and Article 8 (Senior Management and Board of Directors) for these sectors until such time when this Agreement is reviewed and additional commitments agreed. In addition, consistent with Article 3 of the Agreement, measures affecting liberalisation of investment in services sectors, other than services incidental to manufacturing, agriculture, fishery, forestry, mining and quarrying sectors (pCPC 881 – 885), do not fall within the scope of this Agreement. Therefore, the reservation lists attached to this Headnote do not include reservations on such measures.
4. Each Member State reserves the right to make future reservations on measures that do not conform to Article 5 (National Treatment) and Article 8 (Senior Management and Board of Directors) on:
(a) new and emerging sectors, sub-sectors, industries, products, or activities; or
(b) existing sectors, subsectors, industries, products, or activities;
which are unregulated at the time of submission of the reservation lists.
5. In the interpretation of a reservation, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of this Agreement against which the reservation is taken. The "Description of Measure" element shall prevail over all other elements.
6. The ASEAN Member States agree that as soon as possible and in any event no later than 6 months from the date of entry into force of the Agreement, to enter into discussions to seek a mutually agreed solution on the treatment of "permanent residents" of a Member State as an investor. Until such discussions result in a mutually agreed solution, any obligations arising from the recognition of any natural person possessing the right of permanent residence in a Member State as investor under this Agreement shall neither apply to, nor be claimed upon, Cambodia, Indonesia, Myanmar, Philippines, Thailand, and Viet Nam.
7. In the case of Brunei Darussalam where the investor is a "permanent resident" of Brunei Darussalam and also non-national of any country, the other Member State concerned may mutually agree to enter into bilateral consultations, on a case-by-case and non prejudicial basis on the issue of whether to recognise the status of such natural person as an investor of Brunei Darussalam.
8. In the case of Thailand, as stipulated in the Foreign Business Act B.E.2542 (1999), nothing in this Agreement shall apply to an investor of the other Member States which is a juridical person constituted or otherwise organised under the law of a Member State that is not owned and/or controlled by nationals of Member States, and its investment. This provision shall be subject to review by the AIA Council on an annual basis.
Brunei darussalam
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: National Treatment shall not apply with respect to registration requirements for establishment of businesses for public or private company.
Sole Proprietors and Co-operative Societies
Consistent with the national and social development policies of Brunei Darussalam to nurture the development of local entrepreneurship, the registration for sole proprietorships or cooperative societies is only open to nationals of Brunei Darussalam.
Partnerships
Applications by foreign individuals (1) are subject to prior written approval or clearance by the Department of Immigration, the Department of Labour, and the Department of Economic Planning and Development, before they are registered.
Branch of a foreign company
The company must at least have one resident agent in Brunei Darussalam.
Source of Measure:
- Companies Act (Cap 39)
- Business Names Act (Cap 92)
- Administrative Directives and Guidelines
2.
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: One of the 2 directors or, where there are more than 2 directors, at least 2 of them shall be ordinarily resident in Brunei Darussalam.
Source of Measure :
- Companies Act (Cap 39)
- Administrative Directives and Guidelines
3.
Sector: Manufacturing and Services Incidental to Manufacturing
Sub-Sector: -
Industry Classification: ISIC Category D CPC 884 and 885
Level of Government: Central
Type of Obligation: National Treatment Senior Management and Board of Directors
Description of Measure: All foreign investment in manufacturing that utilises Government industrial sites* under the control of the Industrial Development Authority (BINA) of Brunei Darussalam must have at least 30% local equity participation, except in situations where the manufactured good is produced entirely for export.
* As of the entry into force of this Agreement, the sites in operation are as follows:
1. Beribi Industrial Site
2. Lambak Kanan East Industrial Site
3. Lambak Kanan West Industrial Site
4. Serasa Industrial Site
5. Salar Industrial Site
6. Serambangun Industrial Site
7. Sungai Bera Industrial Site
8. Pekan Belait Industrial Site
9. Batu Apoi Industrial Site
Source of Measure :
- National Development Plan
- Industrial Coordination Order 2001 - Administrative Directives and Guidelines
4.
Sector : Agriculture and Services Incidental to Agriculture
Sub-Sector : -
Industry Classification : ISIC Category A Division 01 CPC 8811, 8812
Level of Government : Central
Type of Obligation : National Treatment
Description of Measure : All foreign investment in agriculture that utilises Government sites* as provided for by the Department of Agriculture of Brunei Darussalam must have at least 30% local equity participation.
* As of the entry into force of this Agreement, the sites in operation are as follows:
Brunei-Muara District
1. Batumpu, Bengkurong-Masin 2. KKP Tanah Tuah, Kulapis 3. KKP Si Bongkok, Kg Batong & Kg Masin 4. KKP Si Bongkok, Kg Parit, Masin 5. KKP Si Tukak 'B', Kg Limau Manis 6. KKP Lumapas 7. KKP Mulaut, Kg Mulaut 8. KKP Limpaki, Kg Mulaut 9. KKP Sungai Tajau, Wasan-Bebuloh 10. KKP Putat 11. KKP Tanjong Nangka 12. KKP Mentiri 13. KKP Wasan 14. KKP HBC Rimba 15. KKP Tungku 16. KKP Mulaut 17. KKP Limau Manis / Kuala Lurah 18. KKP Kg Bebuloh 19. KKP Jerudong (PP Luahan) 20. KKP Terunjing
Tutong District
1. KKP Sungai Paku, Mukim Telisai 2. KKP Kupang 3. KKP Maraburong 4. KKP Padnunok / Sungai Burong, Kiudang 5. KKP Bang Nukat, Lamunin (GP.133) 6. KKP Birau 7. KKP Batang Mitus 8. KKP Bang Nukat, Lamunin (GP.400) 9. KKP Sg. Supon Besar
Belait District
1. KKP Rampayoh, Kg Labi 2. KKP Merangking, Bukit Sawat 3. KKP Sungai Liang 4. KKP Tunggulian, Kg Tunggulian, Mukim Liang 5. KKP Lot Sengkuang, Labi 6. KKP Malayan 'A' 7. KKP Malayan 'B' 8. KKP Labi Lama, Kg Tarunan, Labi 9. KKP Kg. Sungai Petai, Mukim Labi 10. KKP Kg. Mumong, Mukim Kuala Belait 11. KKp Kg. Kenapol 12. KKP Kg. Singap 13. KKP Kg. Buau 14. KKP Kg. Tanjong Sudai
Temburong District
1. KKP Labu Estate A 2. KKP Labu Estate B 3. KKP Bakarut 4. KKP Perdayan 5. KKP Selapon A 6. KKP Selapon B 7. KKP Senukoh A 8. KKP Senukoh B 9. KKP Lakiun 10. KKP Sembabat 11. KKP Kampong Puni *KKP: Kawasan Kemajuan Pertanian (Agricultural Development Area).
Source of Measure:
- National Development Plan
- Halal Meat Act (Cap 183)
- Administrative Directives and Guidelines
5.
Sector: Fishery and Services Incidental to Fishing
Sub-Sector: -
Industry Classification: ISIC Category B CPC 882
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: National Treatment shall not apply to any measure relating to any fishery activities in Brunei Darussalam, including its Economic Exclusive Zone (EEZ). This may include the requirement for all catch/produce to be processed/landed in Brunei Darussalam. All foreign investment in this sector that utilises Government sites* as provided for by the Department of Fisheries of Brunei Darussalam must have at least 30% local equity participation, except in situations where the product is entirely for export.
*As of the entry into force of this Agreement, the sites in operation are as follows:
Aquaculture sites
1. Tanjung Pelompong 2. Pengkalan Sibabau, Phase I and I 3. Telisai, Phase I 4. Laluan Pulau Kaingaran 5. Tunggulian, Phase I and III
Source of Measure :
- National Development Plan
- Fisheries Order, 2009
- Fisheries (Fish Culture Farms) Regulations, 2002
- Fisheries (Fish Landing Complexes) Regulations, 2002
- Fisheries (Fish Processing Establishments) Regulations, 2002
- Fisheries Limits Act (Cap 130) - Administrative Directives and Guidelines
6.
Sector: Forestry and Services Incidental to Forestry Except logging and sawmilling
Sub-Sector: -
Industry Classification: ISIC Category A, Division 02 CPC 8814
Level of Government: Central
Type of Obligation: National Treatment
Description of Measure: All foreign investment in this sub-sector must have at least 30% local equity participation.
Source of Measure:
- National Development Plan
- Forest Act (Cap 46), including any Subsidiary Legislation
- National Forestry Policy (1990)