Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5)
Description: Investment and Cross-Border Trade in Services
At the central level of government, Australia reserves the right to limit the initial transfer or disposal of government owned entities or assets, or a portion or percentage of the initial transfer, to Australian persons. For greater certainty, if Australia transfers or disposes of a government owned entity or asset in multiple phases, this right shall apply separately to each phase. At the remaining levels of government, Australia reserves the right to adopt or maintain any measure with respect to: (a) the devolution to the private sector of services provided in the exercise of governmental authority at the date of entry into force of this Agreement; and (b) the privatisation of government owned entities or assets. For the purposes of this entry, any measure adopted after the date of entry into force of this Agreement in relation to subparagraph (a) or (b) shall be deemed an existing non-conforming measure subject to paragraphs 1, 5, 6 and 7 of Article 9.12 (Non-Conforming Measures) and paragraph 1 of Article 10.7 (Non-Conforming Measures).
Sector: All
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Australia reserves the right to adopt or maintain any measure (6) with respect to the provision of law enforcement and correctional services, and the following services (7) to the extent that they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health (8), child care, public utilities9, public transport and public housing.
Sector: Broadcasting and Audio-visual Services Advertising Services Live Performance (10)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) (11) Performance Requirements (Article 9.10) Market Access (Article 10.5) Local Presence (Article 10.6) (12)
Description: Investment and Cross-Border Trade in Services
Australia reserves the right to adopt or maintain any measure (13) with respect to: (a) Transmission quotas for local content on free-to-air commercial television broadcasting services. (b) Non-discriminatory expenditure requirements for Australian production on subscription television broadcasting services. (c) Transmission quotas for local content on free-to-air radio broadcasting services. (d) Other audio-visual services transmitted electronically, in order to make Australian audio-visual content reasonably available to Australian consumers.(14) (e) Spectrum management and licensing of broadcasting services.(15) (f) Subsidies or grants for investment in Australian cultural activity. This entry does not apply to foreign investment restrictions in the broadcasting and audio-visual services sector. Existing Measures: Broadcasting Services Act 1992 (Cth) Radiocommunications Act 1992 (Cth) Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Screen Australia Act 2008 (Cth) Broadcasting Services (Australian Content) Standard 2005 Children’s Television Standards 2009 Television Program Standard 23 – Australian Content in Advertising Commercial Radio Codes of Practice and Guidelines Community Broadcasting Codes of Practice.
Sector: Broadcasting and Audio-visual Services
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10)
Description: Investment and Cross-Border Trade in Services
Australia reserves the right to adopt or maintain, under the International Co-production Program, preferential co-production arrangements for film and television productions. Official co-production status, which may be granted to a co-production produced under these co-production arrangements, confers national treatment on works covered by these arrangements.
Existing Measures: International Co-production Program
Sector: Recreational, Cultural and Sporting Services (other than audio-visual services)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Australia reserves the right to adopt or maintain any measure with respect to the creative arts (16),(17) Indigenous traditional cultural expressions and other cultural heritage. (18)
Sector: Distribution Services
Obligations Concerned: Market Access (Article 10.5)
Description: Cross-Border Trade in Services
Australia reserves the right to adopt or maintain any measure with respect to wholesale and retail trade services of tobacco products, alcoholic beverages or firearms.
Sector: Education Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Australia reserves the right to adopt or maintain any measure with respect to primary education.
Sector: Gambling and Betting
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Australia reserves the right to adopt or maintain any measure with respect to gambling and betting.
Existing Measures: Legislation and ministerial statements including the Interactive Gambling Act 2001 (Cth).
Sector: Maritime Transport
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Cross-Border Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to maritime cabotage services and offshore transport services. (19)
Existing Measures: Customs Act 1901 (Cth) Fair Work Act 2009 (Cth) Seafarers’ Compensation and Rehabilitation Act 1992 (Cth) Occupational Health and Safety (Maritime Industry) Act 1993 (Cth) Income Tax Assessment Act 1936 (Cth) Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 (Cth) Shipping Reform (Tax Incentives) Act 2012 (Cth)
Sector: Transport Services
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11)
Description: Investment
Australia reserves the right to adopt or maintain any measure with respect to investment in federal leased airports.
Existing Measures: Airports Act 1996 (Cth) Airports (Ownership-Interests in Shares) Regulations 1996 (Cth) Airports Regulations 1997 (Cth)
Sector: Services related to Air Transportation
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Australia reserves the right to adopt or maintain any measure relating to the provision of ground handling services as defined in Article 10.1 (Definitions) in relation to each Party that: (a) maintains, in its Schedule to Annex II, an entry with respect to ground handling services; and (b) lists against Article 10.3 (National Treatment), but only in relation to the obligations listed by that Party. Australia reserves the right to adopt or maintain any measure relating to the provision of airport operation services as defined in Article 10.1 (Definitions) in relation to each Party that: (a) maintains, in its Schedule to Annex II, an entry with respect to airport operation services; and (b) lists against two of the following obligations: Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment) and Article 10.6 (Local Presence), but only in relation to the obligations listed by that Party.
Sector: All
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier or investor under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier or investor taken as part of a process of economic integration or trade liberalisation between the Parties to the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) done at Canberra on March 28, 1983.20 Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier or investor of a Pacific Island Forum member state under any international agreement in force or signed after the date of entry into force of this Agreement. Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier or investor under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving: (a) aviation; (b) fisheries; or (c) maritime matters, including salvage. 20 For the avoidance of doubt, this includes measures adopted or maintained under any existing or future protocol to that agreement.
APPENDIX A. Australia
For the following sectors, Australia’s commitments under Article XVI of GATS as set out in Australia’s Schedule of Specific Commitments under the GATS (GATS/SC/6, GATS/SC/6/Suppl.1, GATS/SC/6/Suppl.1/Rev.1, GATS/SC/6/Suppl.2, GATS/SC/6/Suppl.3 and GATS/SC/6/Suppl.4) are improved as described below.
| Sector/subsector | Market Access Improvement |
| BUSINESS SERVICES | |
| Professional Services | |
| Legal services (21) | |
| Legal advisory and representational services in domestic law (host-country law) | Replace existing commitments with no limitations for modes 1-3. Mode 4 is unbound except as indicated in the horizontal section. |
| Legal advisory services in foreign law and international law and (in relation to foreign and international law only) legal arbitration and conciliation/mediation services. | Replace existing commitments with no limitations for modes 1 and 2, mode 3 is limited as follows: In South Australia, natural persons practising foreign law may only join a local law firm as a consultant and may not enter into partnership with or employ local lawyers. Mode 4 is unbound except as indicated in the horizontal section. |
| Research and Development Services | |
| Research and Development (R&D) services on natural sciences and engineering (CPC 851) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Interdisciplinary research and development (R&D) services (CPC 853) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Other Business Services | |
| Landscape architectural services (CPC 86742) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Technical testing and analysis services (CPC 8676) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Site preparation work for mining (CPC 5115) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Services incidental to manufacturing (CPC 884 and 885, except for 88442). | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Related scientific and technical consulting services (CPC 8675) | |
| - Geological, geophysical and other scientific prospecting services (CPC 86751) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| - Subsurface surveying services (CPC 86752) | Replace existing commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section, for the whole sector. |
| - Map-making services (CPC 86754) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633 and 8861-8866). | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Packaging services (CPC 8760) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Specialty design services (CPC 87907) | Replace existing commitments on Interior Design with no limitations for modes 1-3, mode 4 is unbound as indicated in the horizontal section. |
| COMMUNICATION SERVICES. This covers the following sub-sectors from the Services Sectoral Classification List (W/120) and related CPC numbers 7521,7522,7523, 7529** (a) Voice telephone services (b) Packet-switched data transmission services (c) Circuit-switched data transmission services (d) Telex services (e) Telegraph services (f) Facsimile services (g) Private leased circuit services (o) Other: Digital cellular services Paging services Personal communications services Trunked radio system services Mobile data services Services covered by the Broadcasting Services Act 1992 (Cth) are excluded from the basic telecommunications sector. | Replace existing commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| Other | |
| Other general construction work for civil engineering (CPC 511, 515 and 518) | Insert new commitments with no limitations for modes 2 and 3, mode 1 unbound*, mode 4 is unbound except as indicated in the horizontal section. |
| DISTRIBUTION SERVICES | |
| Commission agents’ services (CPC 62111, 62112**, 62113-62118) Includes services by commission agents, commodity brokers, auctioneers and other wholesalers who trade on behalf of others, of food products, and non-alcoholic beverages. Excludes tobacco, alcoholic beverages, and firearms. | |
| Wholesale trade services (CPC 6221**, 6222**, 6223 - 6228**) Wholesale trade services of agricultural raw materials and live animals. Excludes wholesale trade services of unmanufactured tobacco, tobacco products, alcoholic beverages and firearms. | Replace existing commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Retailing services (CPC 631**, 63211**, 63212, 6322, 6323, 6324, 6325, 6329**, 61112, 6113, 6121) Australia’s commitments in relation to these services extend to cover the following services not listed in relevant CPC classifications: inventory management of goods, assembling, sorting and grading of goods, breaking bulk, re-distribution and delivery services for retailing. Does not cover dispensing of pharmaceuticals, retailing services of alcoholic beverages, tobacco products and firearms. | Replace existing commitments with no limitations for modes 2 and 3, mode 1 unbound except for mail order, mode 4 is unbound except as indicated in the horizontal section. |
| ENVIRONMENTAL SERVICES (22), (23) | |
| Wastewater management (CPC 9401) This covers removal, treatment and disposal of household, commercial and industrial sewage and other waste waters including tank emptying and cleaning, monitoring, removal and treatment of solid wastes. | Replace existing commitments on “Sewage services” with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Waste management (CPC 9402, 9403) This covers hazardous and non-hazardous waste collection, treatment and disposal (including incineration, composting and landfill); sweeping and snow removal, and other sanitation services | Replace existing commitments on “Refuse disposal services” and “Sanitation and similar services” with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Protection of ambient air and climate (CPC 9404) This covers services at power stations or industrial complexes to remove air pollutants; monitoring of mobile emissions and implementation of control systems or reduction programmes. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Remediation and clean-up of soil and water (CPC 9406**) (24) This covers cleaning-up systems in situ or mobile, emergency response, clean-up and longer term abatement of spills and natural disasters; and rehabilitation programmes (e.g. recovery of mining sits) including monitoring. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Noise and vibration abatement (CPC 9405) This covers monitoring programmes, and installation of noise reduction systems and screens. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Protection of biodiversity and landscape (CPC 9406**) (25) This covers ecology and habitat protection and promotion of forests and promoting sustainable forestry. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Other environmental and ancillary services (CPC 9409) This covers other environment protection services, including services related to environmental impact assessment. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| TOURISM AND TRAVEL RELATED SERVICES | |
| Travel agencies and tour operators services (CPC 7471) | Replace existing commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| TRANSPORT SERVICES | |
| Air Transport services | |
| Airport operation services, as defined in Article 10.1 (Definitions) | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Ground handling services, as defined in Article 10.1 (Definitions) | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Aircraft repair and maintenance services during which an aircraft is withdrawn from service, excluding so-called line maintenance (CPC 8868**) This covers establishments mainly engaged in periodic maintenance and repair (routine and emergency) of airframes (including wings, doors, control surfaces) avionics, engines and engine components, hydraulics, pressurisation and electrical systems and landing gear. Includes painting, other fuselage surface treatments and repair of flight-deck (and other) transparencies. Further includes rotary and glider aircraft. | Replace existing commitment on “Maintenance and repair of aircraft” with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Selling and marketing of air transport services, as defined in Article 10.1 (Definitions) This commitment confirms, without extending, the application to air transport services of the following: (a) Travel agencies and tour operator services (CPC 7471), (b) Market research and public opinion polling services (CPC 864), (c) Advertising services (CPC 87110, 87120**, 87190), Covers services by advertising agencies in creating and placing advertising in periodicals, newspapers, radio and television for clients; outdoor advertising, media representation i.e. sale of time and space for various media; distribution and delivery of advertising material or samples. Does not include production or broadcast/screening of advertisements for radio, television or cinema. (d) Distribution: Commission agents’ services (CPC 62113-62118); Wholesale trade services (CPC 6223-6228); Retailing services (as described in this Appendix); and Franchising (CPC 8929). Excludes unmanufactured tobacco, tobacco products, alcoholic beverages and firearms. | Insert new commitments with no limitations on mode 1 except that Retailing services (CPC 631**, 63211**, 63212, 61112, 6113, 6121, 6322, 6323, 6324, 6325, 6329**) are unbound except for mail order, no limitations on modes 2 and 3. Mode 4 is unbound except as indicated in the horizontal section. |
| Rail Transportation services | |
| Freight transportation (CPC 7112); Pushing and towing services (CPC 7113); and Supporting services for rail transport services (CPC 743). | Insert new commitments with no limitations for modes 1 and 2. Mode 3 is limited as follows: (a) Below track: Most rail-track networks in Australia are government owned although much is leased to private operators. There are no restrictions on the right to establish new networks but access to public land may not be guaranteed. (b) Above track (rail transport services (such as trains) that operate over the rail-track infrastructure): none except that access to rail infrastructure is allocated under pro-competitive principles for safety, efficiency and the long term interests of users. Mode 4 is unbound except as indicated in the horizontal section. |
| Road transportation services. Freight transportation (CPC 7123) | |
| - Transportation of frozen or refrigerated goods (CPC 71231) | Insert new commitments with no limitations for mode 1. |
| - Transportation of bulk liquids or gases (CPC 71232 ) | Insert new commitments with no limitations for mode 1. |
| - Transportation of containerized freight (CPC 71233) | Insert new commitments with no limitations for mode 1. |
| - Transportation of furniture (CPC 71234) | Insert new commitments with no limitations for mode 1. |
| - Mail transportation (CPC 71235) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| - Freight transportation by man- or animal-drawn vehicles (CPC 71236) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| - Transportation of other freight (CPC 71239) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Rental of commercial vehicles with operator (CPC 7124) | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section |
| Services auxiliary to all modes of transport | |
| Storage and warehouse services (CPC 742 excluding maritime) Australia’s commitment in relation to these services extends to cover the following services in addition to those listed in CPC 742: distribution centre services and materials handling and equipment services such as container station and depot services (excluding maritime). | Replace existing commitments with no limitations for modes 2 and 3, mode 1 is unbound*, mode 4 is unbound except as indicated in the horizontal section. |
| Freight transport agency services (CPC 748 excluding maritime) Australia’s commitment in relation to these services extends to cover the following services in addition to those listed in CPC 748: customs agency services and load scheduling services (excluding maritime). | Replace existing commitments on “freight forwarding” with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Other supporting and auxiliary transport services (CPC 749 excluding maritime) Australia’s commitment in relation to these services extends to cover the following services in addition to those listed under CPC 749: container leasing and rental services (excluding maritime). | Replace existing commitments on “pre-shipment inspections” with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
SCHEDULE OF BRUNEI DARUSSALAM
Sector: All
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
1. Brunei Darussalam reserves the right to adopt or maintain any measure relating to the privatisation, corporatisation, commercialisation or divestment of Government assets, entities or agencies including:
(a) limitations on ownership of assets;
(b) transfer or disposal of equity interests or their assets;
(c) the right of foreign investors or their investments to control their assets; and
(d) nationality of the senior management or members of the board of directors.
2. This entry pertains only to the initial transfer or disposal of interest in Government assets, entities or agencies. Brunei Darussalam does not reserve this right with respect to subsequent transfers or disposals of Government interest in such assets, entities or agencies.
3. For greater certainty:
(a) where Brunei Darussalam transfers an interest in an existing state enterprise to another state enterprise, such transfer shall not be considered to be an initial transfer or disposal of the interest for purposes of this entry; and
(b) where Brunei Darussalam transfers or disposes of an interest in an existing state enterprise in multiple phases, subparagraph (a) shall apply separately to each such phase.
Sector: All
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) (1)
Description: Investment
Brunei Darussalam reserves the right to adopt or maintain any measure relating to all land transactions other than strata title, which shall be subject to approval and consent by His Majesty-in-Council, including but not limited to: (a) ownership and lease of land; (b) conditions on which such land shall be held; and (c) reciprocal arrangements on ownership or lease of diplomatic properties.
Sector: All
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Brunei Darussalam reserves the right to adopt or maintain any measure that accords differential treatment: (a) to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement; (b) to ASEAN Member States under any ASEAN agreement open to participation by any ASEAN Member State, in force or signed after the date of entry into force of this Agreement; and (c) to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: (i) air services; and (ii) maritime and port matters.
Sector: All
Obligations Concerned: Market Access (Article 10.5)
Description: Cross-Border Trade in Services
Brunei Darussalam reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, including on the total number of foreign natural persons that may be employed in any sector, subject to the provisions of Chapter 12 (Temporary Entry for Business Persons), and in a manner that is not inconsistent with Brunei Darussalam’s obligations under Article XVI of GATS.
Sector: Fisheries and Services Incidental to Fisheries
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Brunei Darussalam reserves the right to adopt or maintain any measure relating to any fisheries and services related to fisheries activity in its territory, including its exclusive economic zone, including but not limited to: (a) any differential treatment to foreign nationals due to the application of reciprocity of commitments relating to artisanal fishery activity; and (b) ensuring the availability and sustainability of fisheries resources.
Sector: Logging
Obligations Concerned: National Treatment (Article 9.4)
Description: Investment
Brunei Darussalam reserves the right to adopt or maintain any measure relating to logging activities.
Sector: Silica Sand
Obligations Concerned: National Treatment (Article 9.4) Performance Requirements (Article 9.10)
Description: Investment
Brunei Darussalam reserves the right to adopt or maintain any measure with respect to the commercialisation of activities relating to silica sand deposits, including mining, quarrying, manufacture and export of such deposits.
Sector: Petroleum
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5)
Description: Investment
1. Brunei Darussalam has no existing statutes, regulations or other similar measures that mandate preferential treatment to be accorded to investors of another Party or their investments as compared to investors of any other Party, or of any non-Party, or their investments.
2. With respect to the making of or entry into petroleum mining agreements for the exploration, exploitation, development, and production rights of petroleum in the territory of Brunei Darussalam, and collateral agreements (2), (3) Brunei Darussalam reserves the right to continue to exercise discretion (4) to accord investors of another Party or their investments less favourable treatment than that it accords, in like circumstances, to investors of any other Party, or of any non-Party, or their investments, except that: (a) Brunei Darussalam shall not adopt any statute, regulation or other similar measure (5) that mandates according investors of another Party or their investments treatment less favourable than that it accords, in like circumstances, to investors of any other Party, or of any non-Party, or their investments; and (b) Brunei Darussalam shall accord investors of another Party or their investments treatment no less favourable than that it accords, in like circumstances, to investors of any other Party, or of any non-Party, or their investments, under any bilateral or multilateral international agreement that enters into force or is signed after the date of entry into force of this Agreement.
3. The terms “petroleum mining agreement”, “collateral agreement” and “petroleum” used herein shall have the meanings ascribed to them under the Act.
Existing Measures: Petroleum Mining Act (Chapter 44) (the Act) Brunei National Petroleum Company Sendirian Berhad Order, 2002 Petroleum (Pipe-Lines) Act (Chapter 45) Administrative Measures and Guidelines
Sector: Coal
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) (6) Most-Favoured-Nation Treatment (Article 9.5) (7) Performance Requirements (Article 9.10) (8) Senior Management and Boards of Directors (Article 9.11)
Description: Investment and Cross-Border Trade in Services
1. Subject to paragraph 2, Brunei Darussalam reserves the right to adopt or maintain any measure relating to the exploration, exploitation, development and production of coal reserves in Brunei Darussalam.
2. In the event that Brunei Darussalam determines that it is in its national interest to permit exploration, exploitation, development and production of coal reserves by foreign nationals and enterprises, this entry will not apply in relation to the Senior Management and Boards of Directors obligation. However, in respect of the remaining Obligations Concerned, Brunei Darussalam reserves the right to adopt and maintain any measure: (a) relating to the making of or entry into of contracts for the exploration, exploitation, development and production rights of coal in the territory of Brunei Darussalam. (9) In this regard, Brunei Darussalam may: (i) exercise discretion10 to accord investors of another Party, or their investments, less favourable treatment than that it accords, in like circumstances, to investors of any other Party, or of any non-Party, or their investments, except that: Brunei Darussalam shall not adopt any statute or regulation that mandates according investors of another Party, or their investments, treatment less favourable than that it accords, in like circumstances, to investors of any other Party, or of any non-Party, or their investments, and; Brunei Darussalam shall accord investors of another Party, or their investments, treatment no less favourable than that it accords, in like circumstances, to investors of any other Party, or of any non-Party, or their investments, under any bilateral or multilateral international agreement that enters into force or is signed after the date of entry into force of this Agreement; and (ii) require an investor of another Party, or its investment, engaged in the exploration, exploitation, development and production of coal reserves to form a joint venture or a similar arrangement with a Bruneian enterprise. However, such an investor of another Party, or its investment, shall, upon request, be permitted to hold the majority share in the joint venture or similar arrangement. (11) Brunei Darussalam may require as a contractual term that, during the exploration or development period, all relevant costs with respect to the maximum participating interest of the Bruneian enterprise be borne by the partner that is an investor of another Party. Consequently, on the expiration of the carry interest period, the Bruneian enterprise will bear the costs of future operations in proportion to its participating interests in the contract; and may require as a contractual term that a Bruneian enterprise may acquire a participating interest, or increase its participating interest, in the joint venture or similar arrangement upon the occurrence of a stipulated event; and (b) requiring foreign enterprises acting as operators in the exploration, exploitation, development and production of coal to: (i) provide a portion of coal or its derivatives in Brunei Darussalam for domestic use (“domestic supply obligations”) as outlined in a contract, provided that such measure is not more restrictive than the requirements stipulated in Annex I – Brunei Darussalam – 35; and (ii) unless as may otherwise be authorised by Brunei Darussalam, purchase the services listed in Appendix I – A to Annex I – Brunei Darussalam – 36 either from Brunei nationals or Bruneian enterprises, or foreign nationals or enterprises under a contract, provided that they engage Brunei nationals or Bruneian enterprises to provide other services. 3. Any non-conforming measure adopted or maintained after the signature of this Agreement in relation to paragraph 2(a)(ii) and paragraph 2(b) above shall be deemed to be an existing non-conforming measure and subject to paragraphs 1, 5, 6 and 7 of Article 9.12 (Non-Conforming Measures).
Sector: Private Health Services
Sub-Sector: Pharmacists, nurses, midwives and allied health services, Private laboratory services, Private radiology services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
1. Brunei Darussalam reserves the right to adopt or maintain any measure relating to the private practice of pharmacists, nurses, midwives and allied health services.
2. Brunei Darussalam reserves the right to adopt or maintain any measure relating to the establishment of private laboratory services and private radiology services.
Sector: Private Health Services
Sub-Sector: Private health centres or clinics
Obligations Concerned: Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5)
Description: Investment and Cross-Border Trade in Services
Brunei Darussalam reserves the right to adopt or maintain any measure relating to the establishment of private health centres or clinics, including but not limited to: (a) requiring that such private health centres or clinics be established in the form of a joint venture with a Brunei national; (b) limiting the number of private health centres or clinics that can be established in Brunei Darussalam; (c) requiring such private health centre or clinic to carry out research and development within the territory of Brunei Darussalam, or transfer of technology; and (d) requiring a majority of the senior managers in the private health centres or clinics to be of Bruneian nationality.
Sector: Broadcasting Services
Obligations Concerned: National Treatment (Article 9.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Brunei Darussalam reserves the right to adopt or maintain any measure relating to any licensable free-to-air or subscription broadcasting services offered on a scheduled programming basis. These measures include, but are not limited to ownership, control and funding of an enterprise providing the aforementioned services.
Sector: Business Services