2. Any document submitted for use in any proceedings pursuant to this Chapter shall be in English.
Chapter 16. FINAL PROVISIONS
Article 16.1. Annexes and Appendices
The Annexes to this Agreement, including their Appendices, constitute an integral part of this Agreement.
Article 16.2. Amendments
1. Any Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation.
2. Amendments to this Agreement shall be subject to ratification, acceptance or approval in accordance with the Parties' respective legal requirements.
3. Unless otherwise agreed by the Parties, amendments shall enter into force on the first day of the third month following the deposit of the last instrument of ratification, acceptance or approval.
4. Notwithstanding paragraphs 1 to 3, the Joint Committee may decide to amend the Annexes and Appendices to this Agreement.
5. If a Party has accepted a decision subject to the fulfilment of its domestic legal requirements, the decision shall enter into force on the first day of the third month following the date that the last Party notifies the Depositary that its internal requirements have been fulfilled, unless otherwise specified in the decision.
6. The text of the amendments and the instruments of ratification, acceptance or approval shall be deposited with the Depositary.
7. If its domestic legal requirements permit, a Party may apply any amendment provisionally, pending its entry into force for that Party. Provisional application of amendments shall be notified to the Depositary.
Article 16.3. Accession
1. Any State becoming a Member of EFTA may accede to this Agreement, provided that the Joint Committee approves its accession, on terms and conditions to be agreed upon by the Parties. The instrument of accession shall be deposited with the Depositary.
2. In relation to an acceding State, this Agreement shall enter into force on the first day of the third month following the deposit of its instrument of accession, or the approval of the terms of accession by the existing Parties, whichever is later.
Article 16.4. Withdrawal and Expiration
1. Each Party may withdraw from this Agreement by means of a written notification to the Depositary. The withdrawal shall take effect six months after the date on which the notification is received by the Depositary, unless the Parties agree on a different period.
2. If Malaysia withdraws, this Agreement shall expire when its withdrawal becomes effective.
3. Any EFTA State which withdraws from the Convention establishing the European Free Trade Association shall, ipso facto on the same day as the withdrawal takes effect, cease to be a Party to this Agreement.
Article 16.5. Entry Into Force
1. This Agreement is subject to ratification, acceptance or approval in accordance with the respective domestic legal requirements of the Parties. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. If its respective domestic legal requirements permit, any Party may apply this Agreement provisionally, pending its entry into force for that Party. Provisional application of this Agreement under this paragraph shall be notified to the Depositary.
3. This Agreement shall enter into force on the first day of the third month following the date on which at least one EFTA State and Malaysia have deposited their instrument of ratification, acceptance or approval with the Depositary.
4. In relation to an EFTA State depositing its instrument of ratification, acceptance or approval after the date on which at least one EFTA State and Malaysia have deposited their instrument of ratification, acceptance or approval with the Depositary, this Agreement shall enter into force on the first day of the third month following the deposit of its instrument.
Article 16.6. Depositary
The Government of Norway shall act as Depositary.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
DONE at Tromsø, this 23rd day of June 2025, in one original in English, which shall be deposited with the Depositary, who shall transmit certified copies to all the Parties.
For Iceland
For Malaysia
For the Principality of Liechtenstein
For the Kingdom of Norway
For the Swiss Confederation
Attachments
ANNEX XVIII. REFERRED TO IN ARTICLE 8.4. INVESTMENT RESERVATIONS
APPENDIX 1. REFERRED TO IN ARTICLE 8.4. RESERVATIONS BY MALAYSIA
LIST A
EXPLANATORY NOTES / HEADNOTE
1. This List sets out, pursuant to Article 8.4 (Reservations), Malaysia?s existing measures that are not subject to Article 8.3 (National Treatment).
2. Each entry in this List sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector, where referenced, refers to the specific subsector for which the entry is made;
(c) Level of Government indicates the level of government (central, regional or local) maintaining the listed measures;
(d) Description sets out the non-conforming measure for which the entry is made; and
(e) Measures identifies the laws, regulations, or other measures, for which the entry is made.
A measure cited in the Measures element:
(i) means the measure as amended, continued, or renewed, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure.
3. In accordance with Article 8.4 (Reservations) Article 8.3 (National Treatment) does not apply to the non-conforming measure identified in the Description element of that entry.
4. The Schedules of other Parties shall not be used to interpret Malaysia's commitments or obligations under Chapter 8 (Investment), or other Chapters of the Agreement.
A.1.
Sector: All
Subsector: -
Level of Government: Central and Regional
Description: Only Malaysian nationals or permanent residents can register a sole proprietorship or partnership in Malaysia. Foreigners can register a Limited Liability Partnership (LLP), but the compliance officer shall be a citizen or permanent resident of Malaysia that resides in Malaysia.
Foreigners are not allowed to establish or join cooperative societies in Malaysia.
Measures / Source: Registration of Businesses Act 1956 [Act 197]
Limited Liability Partnerships Act 2012 [Act 743]
Co-operative Societies Act 1993 [Act 502]
Business Names Ordinance 1932 [Sarawak Cap. 64] (1958 Edition)
Business, Professions and Trade Licensing Ordinance 1955 [Sarawak Cap. 33] (1958 Edition)
Trades Licensing Ordinance (Sabah Cap. 144)
Companies Act 2016 [Act 777]
General Guidelines for Registration of Limited Liability Partnership
A.2.
Sector: All
Subsector: -
Level of Government: Central
Description: At least one director of a private company incorporated in Malaysia shall ordinarily reside in Malaysia by having a principal place of residence in Malaysia.
At least two directors of a public company incorporated in Malaysia shall ordinarily reside in Malaysia by having a principal place of residence in Malaysia.
Measures / Source: Companies Act 2016 [Act 777]
A.3.
Sector: Manufacturing
Subsector: -
Level of Government: Central
Description:
1. Foreign equity is limited up to 49 per cent for investment in the manufacture or assembly of motor vehicles. However, no foreign equity restrictions are imposed on the following categories:
(a) luxury passenger vehicles with engine capacity of 1,800 c.c. and above and on the road price not less than RM150,000;
(b) pick-up trucks and commercial vehicles;
(c) hybrid and electric vehicles; and
(d) motorcycles with engine capacity of 200 c.c. and above.
2. Foreign equity is limited up to 30 per cent for the manufacture of batik fabric and apparel of batik.
Measures / Source: Industrial Co-ordination Act 1975 [Act 156]
Administrative Guidelines
A.4.
Sector: Marine Capture Fisheries
Subsector: -
Level of Government: Central and Regional
Description: No foreign fishing vessel shall load or unload any fish, fuel or supplies or tranship any fish, or fish or attempt to fish, or conduct any techno-economic research or waters survey of any fishery, in Malaysian fisheries waters unless authorised to do so.
An application for a licence or a permit to be issued in respect of a foreign fishing vessel to fish in Malaysian fisheries waters shall be made through a Malaysian agent who shall undertake legal and financial responsibility for the activities to be carried out by such vessel.
Fishing vessel means any boat, craft, ship or other vessel which is used for, equipped to be used for, or of a type used for:
(a) fishing; or
(b) aiding or assisting another boat, craft, ship or other vessel in the performance of any activity related to fishing, including any of the activities of preparation, processing, refrigeration, storage, supply or transportation of fish.
Measures / Source: Fisheries Act 1985 [Act 317]
A.5.
Sector: Utilities
Subsector: -
Level of Government: Central and Regional
Description: No person, other than a supply authority, is authorised to supply, use, work or operate any installation relating to gas, water and electricity.
Only persons that are registered and established in Malaysia can supply services for gas, water and electricity, and disposal of waste.
Measures / Source: Electricity Supply Act 1990 [Act 447]
Electricity (Amendment) Ordinance 2003 (Cap A109)
Electricity Rules 1999
Electricity (State Grid Code) Rules 2003
SESCO Ordinance 1962 (Cap 51)
Sarawak Electricity Supply (successor Company) Ordinance 2004 (Cap 59)
Energy Commission Act 2001 [Act 610]
Electricity Regulations 1994
Licensee Supply Regulations 1990
Gas Supply Act 1993
Gas Supply Regulation 1997
Energy Commission Act 2001 [Act 610]
Sarawak Gas Supply Services (Operating Company) Ordinance 1995
Waters Act 1920 [Act 418]
Efficient Management of Electrical Energy Regulation 2008 [P.U.(A) 408]
Electricity Supply Enactment 2024
Sabah Renewable Energy Enactment 2024
Ocean Thermal Energy Conversion Enactment 2024
Energy Commission of Sabah (Amendment) Enactment 2024
Gas Supply Enactment 2023
A.6.
Sector: Oil and Gas
Subsector: -
Level of Government: Central
Description: The Prime Minister of Malaysia may make non-conforming regulations for the purposes of carrying into effect the provisions of the Petroleum Development Act of 1974 [Act 144] with respect to the upstream oil and gas sector (1), and may in particular provide for the conduct of or the carrying on of:
(a) any business or service relating to the exploration, exploitation, winning or obtaining of petroleum; and
(b) any business involving the manufacture and supply of equipment used in the petroleum industry, except:
(c) regulations that impose non-conforming requirements shall not be adopted or maintained with respect to the supply of the following 12 goods or services (2):
(i) Seismic Data Acquisition;
(ii) Directional Drilling services, Gyro While Drilling services, Measurement While Drilling services, and Logging While Drilling services;
(iii) Cementing Related Services;
(iv) Gas Turbines and related maintenance and repair services;
(v) Control Valves services;
(vi) Oil Country Tubular Goods;
(vii) Induction motor services;
(viii) Distributed Control Systems (DCS) services;
(ix) Transformer services;
(x) Structural steel;
(xi) Linepipes; and
(xii) Process pipes;
(d) regulations shall not be adopted or maintained that impose restrictions on mode of entry for foreign entities that wish to participate in Malaysia's upstream oil and gas sector activities of exploring, exploiting, winning and obtaining petroleum that are more non-conforming than the following requirements: