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EFTA - Malaysia FTA (2025)
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(3) The exclusion of citizenship and legal entity criteria for residents of an EEA Member State, an EFTA State or the Faroe Islands is not a reservation on national treatment, but the sentence is included to give an exhaustive description of the measure.

6 -

Sector: Energy

Sub-sector: Energy production and distribution

Legal source or authority of the measure:

Law No. 34/1991 on Investment by Non-Residents in Business Enterprises.

Succinct description of the measure:

Only Icelandic citizens and legal entities, and citizens and legal entities from another member state of the EEA, from another member state of the EFTA or from the Faroe Islands, can own the right to harness hydroelectric and geothermal power other than for own personal home use. (4)

The same applies to investment in enterprises engaged in power production and power distribution.

Purpose or Motivation of the Measure:

Apart from the fish stock, hydroelectric power and geothermal power are Iceland?s most important natural resources. Their utilisation need to be centrally administered through licensing and co-generation agreements.

The power production and power distribution are public utilities which to a large degree operate as public monopolies.

(4) The exclusion of citizenship and legal entity criteria for residents of an EEA Member State, an EFTA State or the Faroe Islands is not a reservation on national treatment, but the sentence is included to give an exhaustive description of the measure.

7 -

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure: -

Succinct description of the measure:

Foreign investments, including foreign participation in Icelandic companies, may be subject to prior notification requirements, examination or authorisation by relevant Icelandic authorities.

Purpose or motivation of the measure:

Iceland is currently considering a framework for screening foreign investments relating to the safeguarding of essential security interests, including national security.

APPENDIX 3 TO ANNEX XVIII. REFERRED TO IN ARTICLE 8.4 (RESERVATIONS) RESERVATIONS BY LIECHTENSTEIN

1 -

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure: -

Succinct description of the measure:

The establishment of a commercial presence by a juridical person (including branches) is subject to the requirement that no objection for reasons of national economy (balanced proportion of national and foreign capital, balanced ratio of foreigners in comparison with the number of resident population, balanced ratio of total number of jobs in the economy in comparison with the number of the resident population, balanced geographic situation balanced development of the national economy, between and within the sectors) exists.

Purpose or motivation of the measure:

To ensure a balanced development of the national economy, taking into account the specific geographic situation of the country, its limited resources and the small labour market.

2 -

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure:

Gewerbegesetz (Commercial Law Act) of 30 September 2020, LR 930.1; Personen-und Gesellschaftsrecht (Persons and Companies Act) of 20 January 1926, LR 216.0.

Succinct description of the measure:

The establishment of a commercial presence by an individual is subject to the requirement of prior continued residence during a certain period of time and of permanent domicile in Liechtenstein.

The establishment of a commercial presence by a juridical person (including branches) is subject to the following requirements: At least one of the managers has to fulfill the requirement of prior continued residence during a certain period of time and of permanent domicile in Liechtenstein. General and limited partnerships have to fulfill the same conditions as corporations with limited liability (juridical persons).

The Liechtenstein company law does not prohibit joint stock companies from foreseeing in their articles of incorporation the preclusion or limitation of the transfer of registered shares.

Purpose or motivation of the measure:

To facilitate judicial proceedings.

3 -

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure:

Grundverkehrsgesetz (Law on the acquisition of real estate) of 9 December 1992, LR 214.11

Succinct description of the measure:

All acquisitions of real estate are subject to authorisation. Such authorisation is granted only if an actual and proven requirement for living or business purposes is given and a certain period of residence has been completed. Non-residents are excluded from the acquisition of real estate.

Purpose or motivation of the measure:

Extreme scarcity of available land. Preservation of access to real estate for the resident population and maintenance of a balanced geographic situation.

4 -

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure:

Agreement on the European Economic Area of 2 May 1992 (EEA Agreement).

Succinct description of the measure:

Treatment accorded to subsidiaries of third-country companies formed in accordance with the domestic laws and regulations of an EEA Member State and having their registered office, central administration or principal place of business within an EEA Member State is not extended to branches or agencies established in an EEA Member State by a third-country company.

Treatment less favourable may be accorded to subsidiaries of third countries having only their registered office in the territory of an EEA Member State unless they show that they possess an effective and continuous link with the economy of one of the EEA Member States.

Purpose or motivation of the measure:

To ensure that benefits of the EEA Agreement are not automatically accorded to third countries.

5 -

Sector: Energy sector

Sub-sector: -

Legal source or authority of the measure:

Not applicable

Succinct description of the measure:

Liechtenstein reserves the right to maintain or adopt any measure with respect to the energy sector.

Purpose or motivation of the measure:

Energy policy considerations and national security.

APPENDIX 4 TO ANNEX XVIII. REFERRED TO IN ARTICLE 8.4 (RESERVATIONS) RESERVATIONS BY NORWAY

1-

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure:

Act of 13 June 1997 No. 45 on Public Limited Liability Companies

Act of 13 June1997 No. 44 on Private Limited Liability Companies

Act of 15 June 2001 No. 59 on Foundations

Act of 29 June 2007 No. 81 on Cooperative Societies

Succinct description of the measure:

The general manager in a limited liability company or a cooperative, at least half of the members of the board of directors and of the corporate assembly in a limited liability company and at least half of the members of the board of directors in a cooperative or a foundation must be residents of Norway. The residency criteria do not apply to nationals of an European Economic Area (EEA) Member State who are permanent residents of one of these States. (1)

The Ministry of Trade, Industry and Fisheries may grant exemptions from this provision.

Purpose or motivation of the measure:

The resident criteria are based on reasons of jurisdiction, in order to ensure that the persons responsible for the company's affairs are accessible.

(1) The exclusion of the residency criteria for permanent residents of an EEA Member State is not a reservation on national treatment, but the sentence is included to give an exhaustive description of the measure.

2 -

Sector: Power and Energy sector

Sub-sector: -

Legal source or authority of the measure:

Not applicable

Succinct description of the measure:

Norway reserves the right to maintain or adopt any measure with respect to the power and energy sector.

Purpose or motivation of the measure:

Energy policy considerations.

3 -

Sector: Repair of Transport Equipment sector

Sub-sector: -

Legal source or authority of the measure:

Not applicable

Succinct description of the measure:

Norway reserves the right to maintain or adopt any measure with respect to the repair of transport equipment sector in Chapter [Investment], as all activities in this sector shall be treated as services under this Agreement.

Purpose or motivation of the measure:

To ensure the policy that any commitments in this area are adopted in Chapter 7 (Trade in Services) of the Agreement.

4 -

Sector: Fishing and fish processing

Sub-sector: -

Legal source or authority of the measure:

Marine Resources Act of 6 June 2008, No. 37 Regulation of Participation in Fishing Act of 26 March 1999, No. 15.

Economic Zone Act of 17 December 1976, No. 91.

Succinct description of the measure:

A concession to acquire a fishing vessel or share in a company which owns such vessels can only be given to a Norwegian citizen or a body that can be defined as a Norwegian citizen. A company is regarded as having equal rights with a Norwegian citizen when its main office is situated in Norway and the majority of the Board, including the Chair of the Board, are Norwegian citizens and have stayed in the country the last two years. Norwegian citizens also have to own a minimum of 60% of the shares and have to be authorised to vote for at least 60% of the votes.

Ownership to the fishing fleet shall be reserved for professional fishermen. To obtain the right to own a fishing vessel, one has to have a record of active, professional fishing on a Norwegian fishing boat for at least three of the last five years.

It is prohibited for persons other than Norwegian nationals or companies, as defined above, to process, pack or tranship fish, crustaceans and molluscs or parts and products of these inside the fishing limits of the Norwegian Economic Zone.

This applies to catches from both Norwegian and foreign vessels. Exceptions are granted under special circumstances.

Purpose or motivation of the measure:

Resource conservation and management.

5 -

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure:

Not applicable

Succinct description of the measure:

Collective copyright and neighbouring rights' management systems; royalties, levies, grants and funds.

Purpose or motivation of the measure:

To preserve and promote linguistic and cultural diversity in Norway.

6 -

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure:

Not applicable

Succinct description of the measure:

Norway reserves the right to apply measures inconsistent with Article 8.3 (National treatment) for the imposition, enforcement or collection of direct taxes in so far as such measures do not contravene any tax treaty which is in force between Norway and Malaysia.

Purpose or motivation of the measure:

Taxation policy considerations.

7 -

Sector: All sectors

Sub-sector: -

Legal source or authority of the measure:

Not applicable

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  • Chapter   1 GENERAL PROVISIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 Scope of Application 1
  • Article   1.3 Trade Relations Governed by this Agreement 1
  • Article   1.4 Relationship to other International Agreements 1
  • Article   1.5 Central, Regional and Local Government 1
  • Article   1.6 Transparency and Confidentiality 1
  • Chapter   2 TRADE IN NON-AGRICULTURAL GOODS 1
  • Article   2.1 Scope 1
  • Article   2.2 Definitions 1
  • Article   2.3 Import Duties 1
  • Article   2.4 Customs Valuation (1) 1
  • Article   2.5 Quantitative Restrictions 1
  • Article   2.6 Rules of Origin and Methods of Administrative Cooperation 1
  • Article   2.7 Classification of Goods 1
  • Article   2.8 Fees and Formalities 1
  • Article   2.9 National Treatment on Internal Taxation and Regulations 1
  • Article   2.10 Technical Amendments 1
  • Article   2.11 Exchange of Trade Data 1
  • Article   2.12 Sub-Committee on Trade In Goods 1
  • Article   2.13 State Trading Enterprises 1
  • Article   2.14 Balance-of-Payments 1
  • Article   2.15 Trade Facilitation 1
  • Article   2.16 General Exceptions 1
  • Article   2.17 Security Exceptions 1
  • Chapter   3 TRADE IN AGRICULTURAL GOODS 1
  • Article   3.1 Scope 1
  • Article   3.2 Tariff Concessions 1
  • Article   3.3 Other Provisions 1
  • Article   3.4 Dialogue 1
  • Article   3.5 Further Liberalisation 1
  • Chapter   4 TECHNICAL BARRIERS TO TRADE 1
  • Article   4.1 Objectives 1
  • Article   4.2 Scope 1
  • Article   4.3 Incorporation of the TBT Agreement 1
  • Article   4.4 International Standards 1
  • Article   4.5 Movement of Goods, Border Control and Market Surveillance 1
  • Article   4.6 Conformity Assessment Procedures 1
  • Article   4.7 Cooperation 2
  • Article   4.8 Consultations 2
  • Article   4.9 Annexes 2
  • Article   4.10 Review Clause 2
  • Article   4.11 Contact Points 2
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   5.1 Objectives 2
  • Article   5.2 Scope and Coverage 2
  • Article   5.3 Affirmation and Incorporation of the SPS Agreement 2
  • Article   5.4 Definitions 2
  • Article   5.5 Audits 2
  • Article   5.6 Certificates 2
  • Article   5.7 Cooperation 2
  • Article   5.8 Movement of Goods 2
  • Article   5.9 Import Checks 2
  • Article   5.10 Consultations 2
  • Article   5.11 Competent Authorities and Contact Points 2
  • Chapter   6 TRADE REMEDIES 2
  • Article   6.1 Subsidies and Countervailing Measures 2
  • Article   6.2 Anti-Dumping 2
  • Article   6.3 Global Safeguard Measures 2
  • Article   6.4 Bilateral Safeguard Measures 2
  • Chapter   7 TRADE IN SERVICES 2
  • Article   7.1 Scope and Coverage 2
  • Article   7.2 Definitions 2
  • Article   7.3 Most-Favoured-Nation Treatment 3
  • Article   7.4 Market Access 3
  • Article   7.5 National Treatment 3
  • Article   7.6 Additional Commitments 3
  • Article   7.7 Domestic Regulation 3
  • Article   7.8 Recognition 3
  • Article   7.9 Movement of Natural Persons Supplying Services 3
  • Article   7.10 Transparency 3
  • Article   7.11 Monopolies and Exclusive Service Suppliers 3
  • Article   7.12 Business Practices 3
  • Article   7.13 Payments and Transfers 3
  • Article   7.14 Restrictions to Safeguard the Balance-of-Payments 3
  • Article   7.15 General Exceptions 3
  • Article   7.16 Security Exceptions 3
  • Article   7.17 Schedules of Specific Commitments 3
  • Article   7.18 Modification of Schedules 3
  • Article   7.19 Review 3
  • Article   7.20 Consultations on Subsidies 3
  • Article   7.21 Denial of Benefits 3
  • Article   7.22 Annexes 3
  • Annex XV  Financial Services 3
  • Article   1 Scope and Definitions 3
  • Article   2 National Treatment 4
  • Article   3 Transparency 4
  • Article   4 Expeditious Application Procedures 4
  • Article   5 Domestic Regulation 4
  • Article   6 Recognition of Prudential Measures 4
  • Article   7 Transfers of Information and Processing of Information 4
  • Chapter   8 INVESTMENT 4
  • Article   8.1 Scope of Coverage 4
  • Article   8.2 Definitions 4
  • Article   8.3 National Treatment 4
  • Article   8.4 Reservations (16) 4
  • Article   8.5 Key Personnel 4
  • Article   8.6 Right to Regulate 4
  • Article   8.7 Consultations on Subsidies 4
  • Article   8.8 Transparency 4
  • Article   8.9 Payments and Transfers 4
  • Article   8.10 Restrictions to Safeguard the Balance-of-Payments 4
  • Article   8.11 General Exceptions 4
  • Article   8.12 Security Exceptions 4
  • Article   8.13 Review 4
  • Article   8.14 Denial of Benefits 4
  • Chapter   9 INTELLECTUAL PROPERTY RIGHTS 4
  • Article   9.1 Protection of Intellectual Property 4
  • Article   9.2 General Provision 4
  • Chapter   10 GOVERNMENT PROCUREMENT 4
  • Article   10.1 Scope and Coverage 4
  • Article   10.2 Definitions 5
  • Article   10.3 Security and General Exceptions 5
  • Article   10.4 National Treatment and Non-Discrimination 5
  • Article   10.5 Use of Electronic Means 5
  • Article   10.6 Conduct of Procurement 5
  • Article   10.7 Rules of Origin 5
  • Article   10.8 Offsets 5
  • Article   10.9 Information on the Procurement System 5
  • Article   10.10 Notices 5
  • Article   10.11 Conditions for Participation 5
  • Article   10.12 Qualification of Suppliers 5
  • Article   10.13 Tender Documentation 5
  • Article   10.14 Technical Specifications 5
  • Article   10.15 Modifications of the Tender Documentation and Technical Specifications 6
  • Article   10.16 Time Periods 6
  • Article   10.17 Limited Tendering 6
  • Article   10.18 Electronic Auctions 6
  • Article   10.19 Negotiations 6
  • Article   10.20 Treatment of Tenders 6
  • Article   10.21 Awarding of Contracts 6
  • Article   10.22 Transparency of Procurement Information 6
  • Article   10.23 Disclosure of Information 6
  • Article   10.24 Domestic Review Procedures for Supplier Challenges 6
  • Article   10.25 Modifications and Rectifications to Coverage 6
  • Article   10.26 Ensuring Integrity In Procurement Practices 6
  • Article   10.27 Small and Medium Enterprises Participation 6
  • Article   10.28 Cooperation 6
  • Article   10.29 Contact Points 6
  • Article   10.30 Review 6
  • Article   10.31 Transitional Measures 6
  • Chapter   11 COMPETITION 6
  • Article   11.1 General Principles 6
  • Article   11.2 Scope 6
  • Article   11.3 Cooperation 6
  • Article   11.4 Consultations 6
  • Article   11.5 Dispute Settlement 6
  • Chapter   12 TRADE AND SUSTAINABLE DEVELOPMENT 6
  • Article   12.1 Context and Objectives 6
  • Article   12.2 Scope 7
  • Article   12.3 Right to Regulate and Levels of Protection 7
  • Article   12.4 Upholding Levels of Protection In the Application and Enforcement of Laws, Regulations or Standards 7
  • Article   12.5 International Labour Standards and Agreements 7
  • Article   12.6 Multilateral Environmental Agreements and Environmental Principles 7
  • Article   12.7 Promotion of Trade and Investment Favouring Sustainable Development 7
  • Article   12.8 Women's Economic Empowerment and Trade 7
  • Article   12.9 Sustainable Forest Management and Associated Trade 7
  • Article   12.10 Trade and Climate Change 7
  • Article   12.11 Trade and Biological Diversity 7
  • Article   12.12 Sustainable Management of Vegetable Oils Sector and Associated Trade 7
  • Article   12.13 Responsible Business Conduct 7
  • Article   12.14 Cooperation on Trade and Sustainable Development 7
  • Article   12.15 Implementation and General Principles 7
  • Article   12.16 Consultations 7
  • Article   12.17 Panel of Experts 7
  • Article   12.18 Review 7
  • Chapter   13 COOPERATION AND CAPACITY BUILDING 7
  • Article   13.1 Objectives and Principles 7
  • Article   13.2 Scope 7
  • Article   13.3 Memorandum of Understanding 8
  • Article   13.4 Forms of Cooperation 8
  • Article   13.5 Costs of Cooperation 8
  • Article   13.6 Sub-Committee on Cooperation and Capacity Building 8
  • Article   13.7 Contact Points 8
  • Article   13.8 Non-Application of Dispute Settlement 8
  • Chapter   14 INSTITUTIONAL PROVISIONS 8
  • Article   14.1 Establishment of the EFTA-Malaysia Joint Committee 8
  • Article   14.2 Functions of the Joint Committee 8
  • Article   14.3 Contact Points 8
  • Chapter   15 DISPUTE SETTLEMENT 8
  • Article   15.1 Scope and Coverage 8
  • Article   15.2 Choice of Forum 8
  • Article   15.3 Good Offices, Conciliation and Mediation 8
  • Article   15.4 Consultations 8
  • Article   15.5 Request for Establishment of the Arbitration Panel 8
  • Article   15.6 Terms of Reference 8
  • Article   15.7 Composition of the Arbitration Panel 8
  • Article   15.8 Procedures of the Arbitration Panel 8
  • Article   15.9 Arbitration Panel Reports 8
  • Article   15.10 Suspension or Termination of Proceedings 8
  • Article   15.11 Implementation of the Final Report 8
  • Article   15.12 Compensation and Suspension of Benefits 8
  • Article   15.13 Other Provisions 8
  • Article   15.14 Language 8
  • Chapter   16 FINAL PROVISIONS 9
  • Article   16.1 Annexes and Appendices 9
  • Article   16.2 Amendments 9
  • Article   16.3 Accession 9
  • Article   16.4 Withdrawal and Expiration 9
  • Article   16.5 Entry Into Force 9
  • Article   16.6 Depositary 9
  • ANNEX XVIII  REFERRED TO IN ARTICLE 8.4. INVESTMENT RESERVATIONS 9
  • APPENDIX 1  REFERRED TO IN ARTICLE 8.4. RESERVATIONS BY MALAYSIA 9
  • LIST A 9
  • LIST B 10
  • APPENDIX 2 TO ANNEX XVIII  REFERRED TO IN ARTICLE 8.4 (RESERVATIONS) RESERVATIONS BY ICELAND 11
  • APPENDIX 3 TO ANNEX XVIII  REFERRED TO IN ARTICLE 8.4 (RESERVATIONS) RESERVATIONS BY LIECHTENSTEIN 12
  • APPENDIX 4 TO ANNEX XVIII  REFERRED TO IN ARTICLE 8.4 (RESERVATIONS) RESERVATIONS BY NORWAY 12
  • APPENDIX 5 TO ANNEX XVIII  REFERRED TO IN ARTICLE 8.4 (RESERVATIONS) RESERVATIONS BY SWITZERLAND 13
    • Name
    EFTA - Malaysia FTA (2025)
    PDF Link
    EFTA - Malaysia FTA (2025)
    Signed date
    23 / Jun / 2025
    Treaty type
    Other International Investment Agreements
    Origin language
    en
    Party ISO codes
    EFTA,MYS
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP Malaysia - Switzerland BIT (1978) 01 / Mar / 1978 09 / Jun / 1978
    IT_OVERLAP Investment Facilitation for Development (2024)
    IT_OVERLAP Malaysia - Norway BIT (1984) 06 / Nov / 1984 07 / Jan / 1986
    IT_OVERLAP OECD Code of Liberalisation of Capital Movements (1961) 12 / Dec / 1961 12 / Dec / 1961
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