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India - Malaysia CECA (2011)
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1. Each Party shall designate contact points to facilitate communication on work undertaken by the Sub-Committees.

2. Each Party shall provide to the other Party the names of the designated contact points, contact details of the contact points including telephone, facsimile, email and any other relevant details. Each Party shall notify the other Party promptly of any change of their contact points or any amendments to the contact details.

3. The contact points shall work with their respective government agencies, private sector representatives and educational and research institutions in the operation of this Agreement.

4. The contact points shall ensure communication and exchange of information to facilitate better implementation of this Agreement.

Article 15.4. Nodal Points

The overall coordination for this Agreement shall be undertaken by the following nodal points:

(a) in the case of Malaysia, the Ministry of International Trade and Industry; and

(b) in the case of India, the Ministry of Commerce and Industry.

Chapter 16. FINAL PROVISIONS

Article 16.1. Annexes and Footnotes

The Annexes and footnotes to this Agreement shall constitute an integral part of this Agreement.

Article 16.2. Relation to other Agreements

1. The Parties affirm their rights and obligations with respect to each other under bilateral and multilateral agreements to which both Parties are parties, including the WTO Agreement.

2. In the event of any inconsistency between this Agreement and any other agreements to which the Parties are party, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution.

Article 16.3. Succession of Treaties or International Agreements

Any reference in this Agreement to any other treaty or international agreement shall be made in the same terms to its successor treaty or international agreement to which a Party is party.

Article 16.4. Application

Each Party is fully responsible for the observance of all provisions in this Agreement and shall take such reasonable measures as may be available to it to ensure their observance by local government and authorities.

Article 16.5. Disclosure of Information

1. Nothing in this Agreement shall be construed to require either Party to furnish or allow access to information the disclosure of which it considers:

(a) would be contrary to the public interest as determined by its legislation;

(b) is contrary to any of its legislation, including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions;

(c) would impede law enforcement; or

(d) would prejudice legitimate commercial interests of particular enterprises, public or private.

Article 16.6. Confidentiality

Where a Party provides information to another Party in accordance with this Agreement and designates the information as confidential, the other Party shall maintain the confidentiality of the information. Such information shall be used only for the purposes specified, and shall not be otherwise disclosed without the specific permission of the Party providing the information, except to the extent that it may be required to be disclosed in the context of judicial proceedings.

Article 16.7. Financial Provisions

Any cooperative activities envisaged or undertaken under this Agreement shall be subject to the availability of resources and to the laws, regulations and policies of the Parties. Costs of cooperative activities shall be borne in such manner as may be mutually determined from time to time between the Parties.

Article 16.8. Amendments

1. This Agreement may be amended by agreement in writing by the Parties and such amendments shall enter into force on such a date as may be agreed between the Parties.

2. Amendments shall not affect the rights and obligations of the Parties provided for under this Agreement until the amendments enter into force.

Article 16.9. General Reviews

The Parties shall undertake a general review of the Agreement, with a view to furthering its objectives, at ministerial level, within one year of the entry into force of this Agreement and thereafter biennially or otherwise as considered mutually appropriate.

Article 16.10. Duration and Termination

1. This Agreement shall remain in force until one Party gives written notice of its intention to terminate it.

2. Either Party may terminate this Agreement by giving one year's advance notice in writing to the other Party.

3. The other Party may request in writing consultations concerning any matter that would arise from the termination within forty five days after the date of receipt of the notice referred to in paragraph 2.

4. The requested Party shall enter into consultations in good faith with a view to reaching a mutually satisfactory solution within thirty days after the date of receipt of the request referred to in paragraph 3.

Article 16.11. Entry Into Force

1. This Agreement shall enter into force on 1 July 2011, and shall remain in force unless terminated as provided for in Article 16.10 (Termination).

2. The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1 July 2011.

3. The Parties shall notify each other in writing upon the completion of its internal procedures for the entry into force of this Agreement.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE at Kuala Lumpur, this 18" day of February, 2011 in duplicate copies in the English language.

FOR THE GOVERNMENT OF THE REPUBLIC OF MALAYSIA

(Dato' Sri Mustapa Mohamed)

Minister of International Trade and Industry

FOR THE GOVERNMENT OF INDIA

(Anand Sharma)

Minister of Commerce and Industry 

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  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 General Application 1
  • Article   1.3 Non-Discrimination 1
  • Article   1.4 General Definitions 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definition and Interpretation 1
  • Article   2.2 Scope 1
  • Article   2.3 Classification of Goods 1
  • Article   2.4 National Treatment on Internal Taxation and Regulations 1
  • Article   2.5 Tariff Reduction and Elimination 1
  • Article   2.6 Customs Valuation 1
  • Article   2.7 Administrative Fees and Formalities 1
  • Article   2.8 Rules of Origin 1
  • Article   2.9 Non-Tariff Measures 1
  • Article   2.10 Modification of Concessions 1
  • Article   2.11 Regional and Local Governments 1
  • Article   2.12 Implementation 1
  • Chapter   3 RULES OF ORIGIN 1
  • Article   3.1 Definitions 1
  • Article   3.2 Origin Criteria 1
  • Article   3.3 Wholly Obtained or Produced Goods 1
  • Article   3.4 Not Wholly Obtained or Produced Goods 1
  • Article   3.5 Cumulative Rule of Origin 1
  • Article   3.6 De Minimis 1
  • Article   3.7 Minimal Operations and Processes 1
  • Article   3.8 Direct Consignment 2
  • Article   3.9 Treatment of Packing Materials and Containers 2
  • Article   3.10 Accessories, Spare Parts, Tools and Instructional or other Information Material 2
  • Article   3.11 Indirect Materials 2
  • Article   3.12 Identical and Interchangeable Materials 2
  • Article   3.13 Certificate of Origin 2
  • Article   3.14 Implementation 2
  • Chapter   4 CUSTOMS COOPERATION 2
  • Article   4.1 Objectives 2
  • Article   4.2 Definitions 2
  • Article   4.3 Scope and Coverage 2
  • Article   4.4 Publication and Enquiry Points 2
  • Article   4.5 Clearance of Goods 2
  • Article   4.6 Information and Communications Technology 2
  • Article   4.7 Risk Management 2
  • Article   4.8 Cooperation and Capacity Building 2
  • Article   4.9 Mutual Assistance 2
  • Article   4.10 Information Relating to Import and Export 2
  • Article   4.11 Review and Appeal 2
  • Article   4.12 Advance Rulings 2
  • Article   4.13 Temporary Admission 2
  • Article   4.14 Customs Contact Points 2
  • Article   4.15 Implementation 2
  • Chapter   5 TRADE REMEDIES 2
  • Section   A Bilateral Safeguards 2
  • Article   5.1 Definitions 2
  • Article   5.2 Application of Bilateral Safeguard Measures 2
  • Article   5.3 Scope and Duration of Bilateral Safeguard Measures 2
  • Article   5.4 Investigation 2
  • Article   5.5 Provisional Measures 2
  • Article   5.6 Notification and Consultation 2
  • Article   5.7 Compensation 3
  • Section   B Anti-Dumping Measures 3
  • Article   5.8 Recommendations of the WTO Committee on Anti-Dumping Practices 3
  • Article   5.9 Lesser Duty Rule 3
  • Article   5.10 Prohibition of Zeroing 3
  • Article   5.11 Exemption from Investigation after Termination 3
  • Article   5.12 Cooperation 3
  • Section   C General Provisions 3
  • Article   5.13 Contact Points 3
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   6.1 Objectives 3
  • Article   6.2 Scope and Coverage 3
  • Article   6.3 Definitions 3
  • Article   6.4 Affirmation of the SPS Agreement 3
  • Article   6.5 International Standards and Harmonization 3
  • Article   6.6 Equivalence 3
  • Article   6.7 Regionalisation 3
  • Article   6.8 Certification 3
  • Article   6.9 Verification 3
  • Article   6.10 Import Checks 3
  • Article   6.11 Goods In Transit 3
  • Article   6.12 Transparency 3
  • Article   6.13 Implementation 3
  • Article   6.14 Technical Consultations 3
  • Article   6.15 Cooperation 3
  • Article   6.16 Exchange of Information and Consultations 3
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 3
  • Article   7.1 Objectives 3
  • Article   7.2 Scope 3
  • Article   7.3 Definitions 3
  • Article   7.4 Affirmation of the TBT Agreement 3
  • Article   7.5 Joint Cooperation 3
  • Article   7.6 Standards 3
  • Article   7.7 Technical Regulations 4
  • Article   7.8 Conformity Assessment Procedures 4
  • Article   7.9 Mutual Recognition Agreements 4
  • Article   7.10 Fees and Processing Periods 4
  • Article   7.11 Trade Facilitation 4
  • Article   7.12 Labelling 4
  • Article   7.13 Implementation 4
  • Article   7.14 Transparency 4
  • Article   7.15 Technical Consultations 4
  • Chapter   8 TRADE IN SERVICES 4
  • Article   8.1 Scope and Coverage 4
  • Article   8.2 Definitions 4
  • Article   8.3 Market Access 4
  • Article   8.4 National Treatment 4
  • Article   8.5 Additional Commitments 4
  • Article   8.6 Schedule of Specific Commitments 4
  • Article   8.7 Modification of Schedules 5
  • Article   8.8 Review 5
  • Article   8.9 Domestic Regulation 5
  • Article   8.10 Recognition 5
  • Article   8.11 Monopolies and Exclusive Service Suppliers 5
  • Article   8.12 Business Practices 5
  • Article   8.13 Safeguard Measures 5
  • Article   8.14 Subsidies 5
  • Article   8.15 Payments and Transfers 5
  • Article   8.16 Denial of Benefits 5
  • Article   8.17 Affirmation of GATS Annex on Financial Services 5
  • Article   8.18 Implementation 5
  • Chapter   9 MOVEMENT OF NATURAL PERSONS 5
  • Article   9.1 Objectives 5
  • Article   9.2 Scope 5
  • Article   9.3 Definitions 5
  • Article   9.4 Grant of Temporary Entry 5
  • Article   9.5 Spouses and Dependents 5
  • Article   9.6 Regulatory Transparency 5
  • Article   9.7 Procedures and Notification of Outcome 5
  • Article   9.8 Consultations 5
  • Article   9.9 Dispute Settlement 5
  • Article   9.10 Reservations 5
  • Article   9.11 Implementation 5
  • Chapter   10 Investment 5
  • Article   10.1 Scope of Application 5
  • Article   10.2 Definition 6
  • Article   10.3 Relation to other Chapters 6
  • Article   10.4 National Treatment 6
  • Article   10.5 Minimum Standard of Treatment 6
  • Article   10.6 Compensation for Losses 6
  • Article   10.7 Expropriation and Compensation 6
  • Article   10.9 Subrogation 6
  • Article   10.10 Denial of Benefits 6
  • Article   10.11 Special Formalities and Information Requirements 6
  • Article   10.12 Reservations 6
  • Article   10.13 Review of Reservations 6
  • Article   10.14 The Settlement of Investment Disputes between a Party and an Investor of the other Party 6
  • Article   10.15 Other Obligations 6
  • Article   10.16 Duration and Termination 7
  • Article   10.17 Work Programme 7
  • Article   10.18 Implementation 7
  • Article   10.19 Access to Courts of Justice 7
  • Article   10.20 Measures In Public Interest 7
  • Chapter   11 ECONOMIC COOPERATION 7
  • Article   11.1 Objectives 7
  • Article   11.2 Scope 7
  • Article   11.3 Resources 7
  • Article   11.4 Implementation 7
  • Article   11.5 Mechanisms for Implementation of Cooperation 7
  • Article   11.6 Non-Application of Dispute Settlement 7
  • Chapter   12 GENERAL EXCEPTIONS 7
  • Article   12.1 General Exceptions 7
  • Article   12.2 Security Exceptions 7
  • Article   12.3 Taxation Measures 7
  • Article   12.4 Measures to Safeguard the Balance of Payments 7
  • Chapter   13 TRANSPARENCY 7
  • Article   13.1 Definitions 7
  • Article   13.2 Publication 7
  • Article   13.3 Administrative Proceedings 7
  • Article   13.4 Review and Appeal 7
  • Article   13.5 Notification and Provision of Information 7
  • Chapter   14 DISPUTE SETTLEMENT 7
  • Article   14.1 Scope and Coverage 7
  • Article   14.2 Definition 7
  • Article   14.3 Choice of Forum 7
  • Article   14.4 Consultations 7
  • Article   14.5 Referral to the Joint Committee 7
  • Article   14.6 Good Offices, Conciliation and Mediation 7
  • Article   14.7 Request for Establishment of Arbitral Tribunal 7
  • Article   14.8 Terms of Reference 8
  • Article   14.9 Establishment and Composition of Arbitral Tribunals 8
  • Article   14.10 Proceedings of Arbitral Tribunal 8
  • Article   14.11 Functions of Arbitral Tribunals 8
  • Article   14.12 Suspension or Termination of Proceedings 8
  • Article   14.13 Time Frame 8
  • Article   14.14 Initial Report 8
  • Article   14.15 Final Report 8
  • Article   14.16 Implementation 8
  • Article   14.17 Non-Implementation: Compensation and Suspension of Benefits 8
  • Article   14.18 Expenses 8
  • Chapter   15 INSTITUTIONAL PROVISIONS 8
  • Article   15.1 Joint Committee 8
  • Article   15.2 Sub-Committees 8
  • Article   15.3 Contact Points and Exchange of Information 9
  • Article   15.4 Nodal Points 9
  • Chapter   16 FINAL PROVISIONS 9
  • Article   16.1 Annexes and Footnotes 9
  • Article   16.2 Relation to other Agreements 9
  • Article   16.3 Succession of Treaties or International Agreements 9
  • Article   16.4 Application 9
  • Article   16.5 Disclosure of Information 9
  • Article   16.6 Confidentiality 9
  • Article   16.7 Financial Provisions 9
  • Article   16.8 Amendments 9
  • Article   16.9 General Reviews 9
  • Article   16.10 Duration and Termination 9
  • Article   16.11 Entry Into Force 9
    • Name
    India - Malaysia CECA (2011)
    PDF Link
    India - Malaysia CECA (2011)
    Signed date
    18 / Feb / 2011
    Date into force
    01 / Jul / 2011
    Treaty type
    Other International Investment Agreements
    Origin language
    en
    Party ISO codes
    IND,MYS
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_COEXISTS_WITH ASEAN - India Investment Agreement (2014) 12 / Nov / 2014
    IT_REPLACING India - Malaysia BIT (1995) 03 / Aug / 1995 12 / Apr / 1997
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