ASEAN - Japan FTA (2008)
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9. (a) A Party applying a safeguard measure in connection with an importation of an originating good of another Party in accordance with Article XIX of GATT 1994 and the Agreement on Safeguards, or Article 5 of the Agreement on Agriculture, shall not apply the AJCEP safeguard measure to that importation.

(b) The period of application of the AJCEP safeguard measure referred to in subparagraph 7(d) shall not be interrupted by the Party’s non-application of the AJCEP safeguard measure in accordance with subparagraph (a).

10. (a) Within ten (10) years after the entry into force of this Agreement pursuant to paragraph 1 of Article 79, the Parties shall review this Article with a view to determining whether there is a need to maintain the AJCEP safeguard mechanism.

(b) If the Parties do not agree to remove the AJCEP safeguard mechanism during the review pursuant to subparagraph (a), the Parties shall thereafter conduct reviews to determine the necessity of the AJCEP safeguard mechanism, in conjunction with the general review pursuant to Article 75.

11. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may apply a provisional AJCEP safeguard measure, which shall take the form of the measure set out in subparagraph 5(a) or 5(b), pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry.

(b) A Party shall give a written notice to the other Parties prior to applying a provisional AJCEP safeguard measure. Consultations by the Parties in the Joint Committee on the application of the provisional AJCEP safeguard measure shall be initiated immediately after the provisional AJCEP safeguard measure is applied.

(c) The duration of a provisional AJCEP safeguard measure shall not exceed two hundred (200) days. During that period, the pertinent requirements of paragraph 6 shall be met. The duration of the provisional AJCEP safeguard measure shall be counted as a part of the period referred to in subparagraph 7(d).

(d) Paragraph 3 and subparagraph 7(f) shall apply, mutatis mutandis, to the provisional AJCEP safeguard measure.

(e) The customs duty imposed as a result of the provisional AJCEP safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 6(a) does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry.

12. All official communications and documentations exchanged among the Parties relating to an AJCEP safeguard measure shall be in writing and shall be in the English language.

Article 21. Measures to Safeguard the Balance of Payments

Nothing in this Chapter shall be construed to prevent a Party from taking any measure for balance-of-payments purposes. A Party taking such measure shall do so in accordance with the conditions established under Article XII of GATT 1994 and the Understanding on the Balance-of- Payments Provisions of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement.

Article 22. Customs Procedures

1. Each Party shall endeavour to apply its customs procedures in a predictable, consistent and transparent manner.

2. Recognising the importance of improving transparency in the area of customs procedures, each Party, subject to its laws and regulations, and available resources, shall endeavour to provide information relating to specific matters raised by interested persons of the Parties pertaining to its customs laws. Each Party shall endeavour to supply not only such information but also other pertinent information which it considers the interested persons should be made aware of.

3. For prompt customs clearance of goods traded among the Parties, each Party, recognising the significant role of customs authorities and the importance of customs procedures in promoting trade facilitation, shall endeavour to:

(a) simplify its customs procedures; and

(b) harmonise its customs procedures, to the extent possible, with relevant international standards and recommended practices such as those made under the auspices of the Customs Co-operation Council.

Chapter 3. Rules of Origin

Article 23. Definitions

For the purposes of this Chapter, the term:

(a) “exporter” means a natural or juridical person located in an exporting Party who exports a good from the exporting Party;

(b) “factory ships of the Party” or “vessels of the Party” respectively means factory ships or  vessels:

(i) which are registered in the Party;

(ii) which sail under the flag of the Party;

(iii) which are owned to an extent of at least fifty (50) per cent by nationals of one or more of the Parties, or by a juridical person with its head office in a Party, of which the representatives, chairman of the board of directors, and the majority of the members of such board are nationals of one or more of the Parties, and of which at least fifty (50) per cent of the equity interest is owned by nationals or juridical persons of one or more of the Parties; and

(iv) of which at least seventy-five (75) per cent of the total of the master, officers and  crew are nationals of one or more of the Parties;

(c) “generally accepted accounting principles” means the recognised consensus or substantial authoritative support in a Party, with respect to the recording of revenues, expenses, costs, assets and liabilities; the disclosure of information; and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices and procedures;

(d) “good” means any merchandise, product, article or material;

(e) “identical and interchangeable materials” means materials being of the same kind and commercial quality, possessing the same technical and physical characteristics, and which once they are incorporated into the good cannot be distinguished from one another for origin purposes by virtue of any markings;

(f) “importer” means a natural or juridical person who imports a good into the importing Party;

(g) “materials” means any matter or substance used or consumed in the production of a good, physically incorporated into a good, or used in the production of another good;

(h) “originating good” or “originating material” means a good or material that qualifies as  originating in accordance with the provisions of this Chapter;

(i) “packing materials and containers for transportation and shipment” means the goods used to protect a good during its transportation and shipment, different from those containers or materials used for its retail sale;

(j) “preferential tariff treatment” means the rate of customs duties applicable to an originating good of the exporting Party in accordance with paragraph 1 of Article 16; and

(k) “production” means methods of obtaining a good including growing, mining, harvesting, raising, breeding, extracting, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, processing or assembling.

Article 24. Originating Goods

For the purposes of this Agreement, a good shall qualify as an originating good of a Party if it:

(a) is wholly obtained or produced entirely in the Party as provided for in Article 25;

(b) satisfies the requirements of Article 26 when using non-originating materials; or

(c) is produced entirely in the Party exclusively from originating materials of one or more of the Parties, and meets all other applicable requirements of this Chapter.

Article 25. Goods Wholly Obtained or Produced

For the purposes of paragraph (a) of Article 24, the following shall be considered as wholly obtained or produced entirely in a Party:

(a) plant and plant products grown and harvested, picked or gathered in the Party;

Note: For the purposes of this paragraph, the term “plant” refers to all plant life, including fruit, flowers, vegetables, trees, seaweed, fungi and live plants.

(b) live animals born and raised in the Party;

Note: For the purposes of paragraphs (b) and (c), the term “animals” covers all animal life, including mammals, birds, fish, crustaceans, molluscs, reptiles, bacteria and viruses.

(c) goods obtained from live animals in the Party;

(d) goods obtained from hunting, trapping, fishing, gathering or capturing conducted in the Party;

(e) minerals and other naturally occurring substances, not included in paragraphs (a)  through (d), extracted or taken from soil, waters, seabed or beneath the seabed of the  Party;

(f) goods taken from the waters, seabed or beneath the seabed outside the territorial waters of the Party, provided that the Party has the rights to exploit such waters, seabed and beneath the seabed in accordance with its laws and regulations and international law;

Note: Nothing in this Agreement shall affect the rights and obligations of the Parties under international law, including those under the United Nations Convention on the Law of the Sea.

(g) goods of sea-fishing and other marine products taken by vessels of the Party from outside the territorial sea of any Party;

(h) goods processed and/or made on board factory ships of the Party exclusively from products referred to in paragraph (g);

(i) articles collected in the Party which can no longer perform their original purpose or be  restored or repaired, and are fit only for disposal, for the recovery of parts or raw materials, or for recycling purposes;

(j) scrap and waste derived from manufacturing or processing operations, including mining,  agriculture, construction, refining, incineration and sewage treatment operations, or from  consumption, in the Party, and fit only for disposal or for the recovery of raw materials; and

(k) goods obtained or produced in the Party exclusively from goods referred to in paragraphs (a) through (j).

Article 26. Goods Not Wholly Obtained or Produced

1. For the purposes of paragraph (b) of Article 24, a good shall qualify as an originating good of a Party if:

(a) the good has a regional value content (hereinafter referred to as “RVC”), calculated  using the formula set out in Article 27, of not less than forty (40) per cent, and the final process of production has been performed in the Party; or

(b) all non-originating materials used in the production of the good have undergone in the  Party a change in tariff classification (hereinafter referred to as “CTC”) at the 4-digit level (i.e. a change in tariff heading) of Harmonized System.

Note: For the purposes of this subparagraph, “Harmonized System” is that on which the product specific rules set out in Annex 2 are based.

Each Party shall permit the exporter of the good to decide whether to use subparagraph (a) or (b) when determining whether the good qualifies as an originating good of the Party.

2. Notwithstanding paragraph 1, a good subject to product specific rules shall qualify as an originating good if it satisfies the applicable product specific rules set out in Annex 2. Where a product specific rule provides a choice of rules from a RVC-based rule of origin, a CTC-based rule of origin, a specific manufacturing or processing operation, or a combination of any of these, each Party shall permit the exporter of the good to decide which rule to use in determining whether the good qualifies as an originating good of the Party.

3. For the purposes of subparagraph 1(a) and the relevant product specific rules set out in Annex 2 which specify a certain RVC, it is required that the RVC of a good, calculated using the formula set out in Article 27, is not less than the percentage specified by the rule for the good.

4. For the purposes of subparagraph 1(b) and the relevant product specific rules set out in Annex 2, the rules requiring that the materials used have undergone CTC, or a specific manufacturing or processing operation, shall apply only to non-originating materials.

5. For the purposes of this Chapter, Annex 3 shall apply.

Article 27. Calculation of Regional Value Content

1. For the purposes of calculating the RVC of a good, the following formula shall be used:

FOB - VNM

RVC = --------------- X 100 %

FOB

2. For the purposes of this Article:

(a) “FOB” is, except as provided for in paragraph 3, the free-on-board value of a good, inclusive of the cost of transport from the producer to the port or site of final shipment abroad;

(b) “RVC” is the RVC of a good, expressed as a percentage; and

(c) “VNM” is the value of non-originating materials used in the production of a good.

3. FOB referred to in subparagraph 2(a) shall be the value:

(a) adjusted to the first ascertainable price paid for a good from the buyer to the producer of the good, if there is free-on-board value of the good, but it is unknown and cannot be  ascertained; or

(b) determined in accordance with Articles 1 through 8 of the Agreement on Customs Valuation, if there is no free-on-board value of a good.

4. For the purposes of paragraph 1, the value of non-originating materials used in the production of a good in a Party:

(a) shall be determined in accordance with the Agreement on Customs Valuation and shall include freight, insurance, and where appropriate, packing and all other costs incurred in  transporting the material to the importation port in the Party where the producer of the good is located; or

(b) if such value is unknown and cannot be ascertained, shall be the first ascertainable  price paid for the material in the Party, but may exclude all the costs incurred in the Party in  transporting the material from the warehouse of the supplier of the material to the place where the producer is located such as freight, insurance and packing as well as any other known and ascertainable cost incurred in the Party.

5. For the purposes of paragraph 1, the VNM of a good shall not include the value of non-originating materials used in the production of originating materials of the Party which are used in the production of the good.

6. For the purposes of subparagraph 3(b) or 4(a), in applying the Agreement on Customs Valuation to determine the value of a good or non-originating material, the Agreement on Customs Valuation shall apply, mutatis mutandis, to domestic transactions or to the cases where there is no domestic transaction of the good or non- originating material.

Article 28. De Minimis

1. A good that does not satisfy the requirements of subparagraph 1(b) of Article 26 or an applicable CTC-based rule of origin set out in Annex 2 shall be considered as anoriginating good of a Party if:

(a) in the case of a good classified under Chapters 16, 19, 20, 22, 23, 28 through 49, and 64 through 97 of the Harmonized System, the total value of non-originating materials used in the production of the good that have not undergone the required CTC does not exceed ten (10) per cent of the FOB;

(b) in the case of a particular good classified under Chapters 18 and 21 of the Harmonized System, the total value of non-originating materials used in the production of the good that have not undergone the required CTC does not exceed ten (10) per cent or seven (7) per cent of the FOB, as specified in Annex 2; or

(c) in the case of a good classified under Chapters 50 through 63 of the Harmonized System, the weight of all non-originating materials used in the production of the good that have not undergone the required CTC does not exceed ten

(10) per cent of the total weight of the good, provided that it meets all other applicable criteria set out in this Chapter for qualifying as an originating good.

Note: For the purposes of this paragraph, subparagraph 2(a) of Article 27 shall apply.

2. The value of non-originating materials referred to in paragraph 1 shall, however, be included in the value of non-originating materials for any applicable RVC-based rule of origin for the good.

Article 29. Accumulation

Originating materials of a Party used in the production of a good in another Party shall be considered as originating materials of that Party where the working or processing of the good has taken place.

Article 30. Non-qualifying Operations

A good shall not be considered to satisfy the requirements of CTC or specific manufacturing or processing operation merely by reason of:

(a) operations to ensure the preservation of products in good condition during transport and storage (such as drying, freezing, keeping in brine) and other similar operations;

(b) changes of packaging and breaking up and assembly of packages;

(c) disassembly;

(d) placing in bottles, cases, boxes and other simple packaging operations;

e) collection of parts and components classified as a good pursuant to Rule 2(a) of the General Rules for the Interpretation of the Harmonized System;

(f) mere making-up of sets of articles; or

(g) any combination of operations referred to in subparagraphs (a) through (f).

Article 31. Direct Consignment

1. Preferential tariff treatment shall be accorded to an originating good satisfying the requirements of this Chapter and which is consigned directly from the exporting Party to the importing Party.

2. The following shall be considered as consigned directly from the exporting Party to the importing Party:

(a) a good transported directly from the exporting Party to the importing Party; or

(b) a good transported through one or more Parties, other than the exporting Party and the importing Party, or through a non-Party, provided that the good does not undergo operations other than transit or temporary storage in warehouses, unloading, reloading, and any other operation to preserve it in good condition.

Article 32. Packing Materials and Containers

1. Packing materials and containers for transportation and shipment of a good shall not be taken into account in determining the origin of any good.

2. Packing materials and containers in which a good is packaged for retail sale, when classified together with the good, shall not be taken into account in determining whether all of the non-originating materials used in the production of the good have met the applicable CTC-based rule of origin for the good.

3. If a good is subject to a RVC-based rule of origin, the value of the packing materials and containers in which the good is packaged for retail sale shall be taken into account as originating or non-originating materials, as the case may be, in calculating the RVC of the good.

Article 33. Accessories, Spare Parts, Tools and Instructional or other Information Materials

1. If a good is subject to the requirements of CTC or specific manufacturing or processing operation, the origin of accessories, spare parts, tools and instructional or other information materials presented with the good shall not be taken into account in determining whether the good qualifies as an originating good, provided that:

(a) the accessories, spare parts, tools and instructional or other information materials are  not invoiced separately from the good; and

(b) the quantities and value of the accessories, spare parts, tools and instructional or other  information materials are customary for the good.

2. If a good is subject to a RVC-based rule of origin, the value of the accessories, spare parts, tools and instructional or other information materials shall be taken into account as the value of the originating or non- originating materials, as the case may be, in calculating the RVC of the originating goods.

Article 34. Indirect Materials

1. Indirect materials shall be treated as originating materials regardless of where they are produced.

2. For the purposes of this Article, the term “indirect materials” means goods used in the production, testing, or inspection of a good but not physically incorporated into the good, or goods used in the maintenance of buildings or the operation of equipment associated with the production of a good, including:

(a) fuel and energy;

(b) tools, dies and moulds;

(c) spare parts and materials used in the maintenance of equipment and buildings;

(d) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings;

(e) gloves, glasses, footwear, clothing, safety equipment and supplies;

(f) equipment, devices and supplies used for testing or inspecting the good;

(g) catalysts and solvents; and

(h) any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be a part of that production.

Article 35. Identical and Interchangeable Materials

The determination of whether identical and interchangeable materials are originating materials shall be made by the use of generally accepted accounting principles of stock control applicable, or those of inventory management practised, in the exporting Party.

Article 36. Operational Certification Procedures

The operational certification procedures, as set out in Annex 4, shall apply with respect to procedures regarding certificate of origin and related matters.

Article 37. Sub-Committee on Rules of Origin

1. For the purposes of the effective implementation and operation of this Chapter, a Sub-Committee on Rules of Origin (hereinafter referred to in this Article as “the Sub-Committee”) shall be established pursuant to Article 11.

2. The functions of the Sub-Committee shall be to:

(a) review and make appropriate recommendations, as needed, to the Joint Committee on:

(i) the implementation and operation of this Chapter;

(ii) any amendments to Annexes 2 and 3, and Attachment to Annex 4, proposed by any

Party; and

(iii) the Implementing Regulations referred to in Rule 11 of Annex 4;

(b) consider any other matter as the Parties may agree related to this Chapter;

(c) report the findings of the Sub-Committee to the Joint Committee; and

(d) carry out other functions as may be delegated by the Joint Committee pursuant to Article 11.

3. The Sub-Committee shall be composed of representatives of the Governments of the Parties, and may invite representatives of relevant entities other than the Governments of the Parties with necessary expertise relevant to the issues to be discussed, upon agreement of all the Parties.

4. The Sub-Committee shall meet at such venues and timesas may be agreed by the Parties.

Chapter 4. Sanitary and Phytosanitary Measures

Article 38. Scope

This Chapter shall apply to all sanitary and phytosanitary (hereinafter referred to as “SPS”) measures of the Parties as defined in Annex A of the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement (hereinafter referred to as “SPS Agreement”) that may, directly or indirectly, affect trade between the Parties.

Article 39. Reaffirmation of Rights and Obligations

The Parties reaffirm the rights and obligations relating to SPS measures under the SPS Agreement among those Parties that are parties to the said Agreement.

  • Chapter   1 General Provisions 1
  • Article   1 General Definitions 1
  • Article   2 Principles 1
  • Article   3 Objectives 1
  • Article   4 Transparency 1
  • Article   5 Confidentiality 1
  • Article   6 Taxation 1
  • Article   7 General Exceptions 1
  • Article   8 Security Exceptions 1
  • Article   9 Non-governmental Bodies 1
  • Article   10 Relation to other Agreements 1
  • Article   11 Joint Committee 1
  • Article   12 Communications 1
  • Chapter   2 Trade In Goods 1
  • Article   13 Definitions 1
  • Article   14 Classification of Goods 1
  • Article   15 National Treatment on Internal Taxation and Regulation 1
  • Article   16 Elimination or Reduction of Customs Duties 1
  • Article   17 Customs Valuation 1
  • Article   18 Non-tariff Measures 1
  • Article   19 Modification of Concessions 1
  • Article   20 Safeguard Measures 1
  • Article   21 Measures to Safeguard the Balance of Payments 2
  • Article   22 Customs Procedures 2
  • Chapter   3 Rules of Origin 2
  • Article   23 Definitions 2
  • Article   24 Originating Goods 2
  • Article   25 Goods Wholly Obtained or Produced 2
  • Article   26 Goods Not Wholly Obtained or Produced 2
  • Article   27 Calculation of Regional Value Content 2
  • Article   28 De Minimis 2
  • Article   29 Accumulation 2
  • Article   30 Non-qualifying Operations 2
  • Article   31 Direct Consignment 2
  • Article   32 Packing Materials and Containers 2
  • Article   33 Accessories, Spare Parts, Tools and Instructional or other Information Materials 2
  • Article   34 Indirect Materials 2
  • Article   35 Identical and Interchangeable Materials 2
  • Article   36 Operational Certification Procedures 2
  • Article   37 Sub-Committee on Rules of Origin 2
  • Chapter   4 Sanitary and Phytosanitary Measures 2
  • Article   38 Scope 2
  • Article   39 Reaffirmation of Rights and Obligations 2
  • Article   40  Sub-Committee on Sanitary and Phytosanitary Measures 3
  • Article   41 Enquiry Points 3
  • Article   42 Non-application of Chapter 9 3
  • Chapter   5 Standards, Technical Regulations and Conformity Assessment Procedures 3
  • Article   43 Objectives 3
  • Article   44 Scope 3
  • Article   45 Reaffirmation of Rights and Obligations 3
  • Article   46 Cooperation 3
  • Article   47 Enquiry Points 3
  • Article   48 Sub-Committee on Standards, Technical Regulations and Conformity Assessment Procedures 3
  • Article   49 Non-application of Chapter 9 3
  • Chapter   6 Trade In Services 3
  • Article   50 Trade In Services 3
  • Chapter   7 Investment 3
  • Article   51 Investment 3
  • Chapter   8 Economic Cooperation 3
  • Article   52 Basic Principles 3
  • Article   53 3
  • Article   54 Sub-committee on Economic Cooperation 3
  • Article   55 Work Programmes for Economic Cooperation 3
  • Article   56 Resources for Economic Cooperation 3
  • Article   57 Implementation of Economic Cooperation Activities 3
  • Article   58 Non-application of Chapter 9 3
  • Chapter   9 Settlement of Disputes 3
  • Article   59 Definitions 3
  • Article   60 Scope of Application 3
  • Article   61 Contact Points 3
  • Article   62 Consultations 3
  • Article   63 Good Offices, Conciliation and Mediation 3
  • Article   64 Establishment of Arbitral Tribunals 3
  • Article   65 Composition of Arbitral Tribunals 4
  • Article   66 Third Parties 4
  • Article   67 Functions of Arbitral Tribunals 4
  • Article   68 Proceedings of Arbitral Tribunals 4
  • Article   69 Draft Award and Award 4
  • Article   70 Suspension and Termination of Proceedings 4
  • Article   71 Implementation of Award 4
  • Article   72 Compensation and the Suspension of Concessions 4
  • Article   73 Expenses 4
  • Chapter   10 Final Provisions 4
  • Article   74 Table of Contents, Headings and Subheadings 4
  • Article   75 Review 4
  • Article   76 Annexes and Notes 4
  • Article   77 Amendments 4
  • Article   78 Depositary 4
  • Article   79 Entry Into Force 4
  • Article   80 Withdrawal and Termination 4
  • FIRST PROTOCOL TO AMEND THE AGREEMENT ON COMPREHENSIVE ECONOMIC PARTNERSHIP AMONG JAPAN AND MEMBER STATES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS 4
  • 1 References to the Union of Myanmar 4
  • 2 Incorporation of New Annexes and Amendment to the Table of Contents of the AJCEP Agreement 4
  • 3 Amendment to Chapter 1 (General Provisions) of the AJCEP Agreement 4
  • 8 Security Exceptions 4
  • 4 Amendment to Chapter 6 (Trade In Services) of the AJCEP Agreement 5
  • Chapter   6 Trade In Services 5
  • 50.1 Definitions 5
  • 50.2 Scope 5
  • 50.3 Most-Favoured-Nation Treatment 5
  • 50.4 Transparency 5
  • 50.5 Domestic Regulation 5
  • 50.6 Administrative Guidance 5
  • 50.7 Recognition 5
  • 50.8 Monopolies and Exclusive Service Suppliers 5
  • 50.9 Business Practices 6
  • 50.10 Safeguards 6
  • 50.11 Payments and Transfers 6
  • 50.12 Restrictions to Safeguard the Balance of Payments 6
  • 50.13 General Exceptions 6
  • 50.14 Subsidies 6
  • 50.15 Cooperation 6
  • 50.16 Increasing Participation of Newer ASEAN Member States 6
  • 50.17 Market Access 6
  • 50.18 National Treatment 6
  • 50.19 Additional Commitments 6
  • 50.20 Schedules of Specific Commitments 6
  • 50.21 Application and Extension of Commitments 6
  • 50.22 Progressive Liberalisation 6
  • 50.23 Modification of Schedules 6
  • 50.24 Sub-Committee on Trade In Services 6
  • 50.25 Review 6
  • 50.26 Denial of Benefits 6
  • Annex A to Chapter 6  Financial Services 6
  • A.1 Scope and Definitions 6
  • A.2 Transparency 7
  • A.3 Transfers of Information and Processing of Information 7
  • A.4 Domestic Regulation 7
  • A.5 Recognition of Prudential Measures 7
  • A.6 Settlement of Disputes 7
  • Annex B to Chapter 6  Telecommunications Services 7
  • B.1 Scope 7
  • B.2 Definitions 7
  • B.3 Access and Use 7
  • B.4 Number Portability 7
  • B.5 Competitive Safeguard 7
  • B.6 Treatment by Major Suppliers 7
  • B.7 Resale 7
  • B.8 Interconnection 7
  • B.9 Provisioning and Pricing of Leased Circuit Services 7
  • B.10 Co-location 7
  • B.11 Independent Telecommunications Regulatory Body 7
  • B.12 Universal Service 7
  • B.13 Licensing 7
  • B.14 Allocation and Use of Scarce Resources 7
  • B.15 Transparency 7
  • B.16 Settlement of Disputes 7
  • B.17 Relation to International Organisations 7
  • B.18 Transitional Arrangements 7
  • 5 Incorporation of Chapter 6 Bis (Movement of Natural Persons) Into the AJCEP Agreement 7
  • Chapter   6bis Movement of Natural Persons 8
  • 50 bis.1 Objectives 8
  • 50 bis.2 Scope 8
  • 50 bis.3 Definitions 8
  • 50 bis.4 Specific Commitments 8
  • 50 bis.5 Processing of Applications 8
  • 50 bis.6 Transparency 8
  • 50 bis.7 Recognition 8
  • 50 bis.8 Application of Chapter 9 8
  • 50 bis.9 General Exceptions 8
  • 50 bis.10 Measures Pursuant to Immigration Laws and Regulations 8
  • 6 Amendment to Chapter 7 (Investment) of the AJCEP Agreement 8
  • Chapter   7 Investment 8
  • 51.1 Scope and Coverage 8
  • 51.2 Definitions 8
  • 51.3 National Treatment 8
  • 51.4 General Treatment 8
  • 51.5 Prohibition of Performance Requirements 8
  • 51.6 Senior Management and Boards of Directors 8
  • 51.7 Reservations and Exceptions 9
  • 51.8 Public Comments 9
  • 51.9 Expropriation and Compensation 9
  • 51.10 Compensation for Losses or Damages 9
  • 51.11 Transfers 9
  • 51.12 Subrogation 9
  • 51.13 Settlement of Investment Disputes between a Party and an Investor of Another Party 9
  • 51.14 General Exceptions 9
  • 51.15 Special Formalities and Information Requirements 9
  • 51.16 Special and Differential Treatment for the Newer ASEAN Member States 9
  • 51.17 Promotion of Investment 9
  • 51.18 Facilitation of Investment 9
  • 51.19 Temporary Safeguard Measures 10
  • 51.20 Prudential Measures 10
  • 51.21 Denial of Benefits 10
  • 51.22 Sub-Committee on Investment 10
  • 51.23 Work Programme 10
  • Annex A to Chapter 7  Expropriation and Compensation 10
  • 7 Amendment to Chapter 10 (Final Provisions) of the AJCEP Agreement 10
  • 8 Entry Into Force 10
  • Appendix 5  Annex 9 Specific Commitments for the Movement of Natural Persons 10
  • Schedule of Brunei Darussalam 10
  • Section   1 Short-term Business Visitors of Japan 10
  • Section   2 Intra-corporate Transferees 10
  • Section   3 Investors 10
  • Schedule of the Kingdom of Cambodia 10
  • Schedule of the Republic of Indonesia 11
  • Section   1 Short-term Business Visitors 11
  • Section   2 Intra-corporate Transferees 11
  • Schedule of the Lao People’s Democratic Republic 11
  • Section   1 Short-term Business Visitors 11
  • Section   2 Intra-corporate Transferees 11
  • Section   3 Investors 11
  • Section   4 Accompanying Spouse and Children 11
  • Schedule of Malaysia 11
  • Section   1 Intra-Corporate Transferees 11
  • Section   2 Others 11
  • Schedule of the Republic of the Union of Myanmar 11
  • Section   1 Short-term Business Visitors 11
  • Section   2 Intra-corporate Transferees 11
  • Schedule of the Republic of the Philippines 11
  • Schedule of the Republic of Singapore 11
  • Section   1 Intra-corporate Transferees 11
  • Section   2 Other Clarifications 11
  • Schedule of the Kingdom of Thailand 11
  • Section   1 Short-term Business Visitors 11
  • Section   2 Intra-corporate Transferees 11
  • Schedule of the Socialist Republic of Viet Nam (1) 11
  • Section   1 Service Sales Person 11
  • Section   2 Intra-corporate Transferees 11
  • Section   3 Other Personnel 11
  • Section   4 Persons Responsible for Setting Up a Commercial Presence 11
  • Section   5 Contractual Service Suppliers (CSS) 11
  • Schedule of Japan 11
  • Section   1 Short-Term Business Visitors of ASEAN Member States 11
  • Section   2 Intra-Corporate Transferees of ASEAN Member States 11
  • Section   3 Natural Persons of ASEAN Member States Who Engage In Business Activities Which Require Technology or Knowledge at an Advanced Level on the Basis of a Personal Contract with Public or Private Organisations In Japan 12
  • Section   4 Investors of ASEAN Member States 12
  • Section   5 Natural Persons of ASEAN Member States Who Engage In Professional Services 12
  • 6  Accompanying Spouse and Children 12