ASEAN - Australia - New Zealand FTA Second Protocol (2023)
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Subsector: Processing and production of electricity power by using any waste imported from a foreign country

Level of Government: National Administration and Sub-National Administration

Industry Classification

Obligations Concerned: National Treatment, Prohibition of Performance Requirements

Description:

National Treatment and Article Prohibition of Performance Requirements Cambodia reserves the right to adopt or maintain any measure relating to energy sector and sub-sectors.

Existing Measures:

- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia

- Sub-Decree No. 36 ANKR.BK dated 27 April  1999 on the Solid Waste Management

14. Sector: Investment in Services

Subsector: All kinds of commercial activities, import, export, wholesale, retails, including duty free shop.

Level of Government: National Administration and Sub-National Administration

Industry Classification:

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment

Description: 

National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies

Existing Measures:

- Law on Investment of the Kingdom of Cambodia dated 15 October 2021

- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia

15. Sector: Investment in Services

Subsector: Any transportation services by waterway, by road, by air except investment in railway sector.

Level of Government: National Administration and Sub-National Administration

Industry Classification:

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment

Description:

National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies

Existing Measures:

- Law on Investment of the Kingdom of Cambodia dated 15 October 2021

- Sub-Decree No. 111 ANK/BK dated 27  September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia

16.  Sector: Investment in Services

Subsector: Restaurants, karaoke parlours, bars, nightclubs, massage parlours or fitness clubs which are located outside an international standard hotel.

Notwithstanding that the above locations are located in an international standard hotel, if an investor or investors leases them to a non-QIP third party to conduct such business, that third party shall not be entitled to profit tax exemption to investor under the Amendment to the Law on Investment.

Level of Government: National Administration and Sub-National Administration

Industry Classification:

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment

Description:

National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding incentives and subsidies

Existing Measures:

- Law on Invesiment of the Kingdom of  Cambodia dated 15 October 2021

- Sub-Decree No. 111 ANK/BK dated 27  September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia

17. Sector: Investment in Services

Subsector: Tourism service provider, tourism agent, tourism information and tourism advertisement.

Level of Government: National Administration and Sub-National Administration

Industry Classification:

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment

Description: National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies

Existing Measures:

- Law on Investment of the Kingdom of Cambodia dated 15 October 2021

- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia

18. Sector: Investment in Services

Subsector: Casino and gambling business and service of any kinds

Level of Government: National Administration and Sub-National Administration

Industry Classification:

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment

Description:

National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies

Existing Measures

- Law on Investment of the Kingdom of Cambodia dated 15 October 2021

- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia

19. Sector: Investment in Services

Subsector: Currency and financial business and services, including bank, financial institution, insurance company and all kind intermediation.

Level of Government: National Administration and Sub-National Administration

Industry Classification:

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment

Description:

National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding incentives and subsidies

Existing Measures:

- Law on Investment of the Kingdom of  Cambodia dated 15 October 2021

- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia

20. Sector: Investment in Services

Subsector: Activity related to newspaper and media, including radio, television, press, magazine, movie, video production or reproduction, theatre, studio and related activities.

Level of Government: National Administration and Sub-National Administration

Industry Classification:

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment

Description:

National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding incentives and subsidies

Existing Measures:

- Law on Investment of the Kingdom of Cambodia dated 15 October 2021

- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia.

21. Sector: Investment in Services

Subsector: Professional services

Level of Government: National Administration and Sub-National Administration

Industry Classification:

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment

Description:

National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies

ANNEX 3. SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. INDONESIA

LIST A. EXPLANATORY NOTES

1. This List A sets out, pursuant to Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), Indonesia’s existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 3 (National Treatment) of Chapter 11 (Investment);

(b) Article 4 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment);

(c) Article 5 (Senior Management and Board of Directors) of Chapter 11 (Investment); or

(d) Article 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment).

2. This List A and List B pursuant to Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment) follow the negative list with two list approach as follows:

(a) this List A sets out commitments in relation to existing non-conforming measures which are subject to standstill obligations but not subject to tatchet mechanism; and

(b) List B sets out policy flexibility in relation to measures in sectors, subsectors and activities.

3. Each entry in this List A sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Subsector refers to specific industries, products, and activities in which a reservation is taken;

(c) Industry Classification where referenced, refers to the activity covered by the entry, according to the CPC, ISIC Rev. 3, or as expressly otherwise described in that entry:

ISIC Rev. 3 means the International Standard Industrial Classification of All Economic Activities as set out in the Statistical Papers, Series M, No.4, ISIC Rev. 3, Statistical Office of the United Nations, New York, 1990;

CPC means the Provisional Central Product Classification as set out in the Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991.

(d) Level of Government indicates the level of government maintaining the listed measures;

(e) Obligations Concerned refers to the obligations of Articles 3 (National Treatment), 4 (Most-Favoured-Nation Treatment), 5 (Senior Management and Board of Directors), and 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment), as the case may be, which do not apply to the listed measures;

(f) Description sets out the non-conforming measure for which the entry is made; and

(g) Source of Measure refers to existing measures that apply to the sector, subsector or activities covered by the reservations and is identified for transparency purposes only.

4. In accordance with Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measure identified in the Description element of that entry.

5. In the interpretation of a reservation, all elements of a reservation shall be considered. The Description element shall prevail over all other elements.

6. The Schedules of other Parties shall not be used to interpret Indonesia’s obligations under Chapter 11 (Investment).

7. This note shall form part of Indonesia's reservations.

1. Sector: All sectors

Subsector: Acquisition or Lease of Land

Industry Classification:

Level of Government: Central and Regional

Obligations Concerned: National Treatment

Description:

The right of ownership of land (hak milik) is restricted to Indonesian nationals only.

Note: Notwithstanding the above, foreign companies incorporated and domiciled in Indonesia or foreign nationals may acquire land and property on the basis of the following rights:

(a) Leasehold (hak guna usaha), granted to a foreign company for a maximum period of 35 years and may be extended for a further period of 25 years, and also may be followed by renewal for a maximum period of 35 years.

(b) Building rights (hak guna bangunan), granted to a foreign company for a maximum period of 30 years and may be extended for a further period of 20 years, and also may be followed by renewal for a maximum period of 30 years.

(c) Right of use (hak pakai), granted to a foreign company or a foreign national for a maximum period of 30 years and may be extended for a further period of 20 years, and also may be followed by renewal for a maximum period of 30 years.

(d) Right of lease (hak sewa), granted to a foreign company or a foreign national for a definite period as may be agreed by the parties.

Such acquisitions of land and property must be approved by the relevant authority, subject to such conditions and restrictions as may be imposed by that authority.

Source of Measure

- Article 33 of the 1945 Constitution of The Republic of indonesia

- Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles

- Law No. 25 of 2007 conceming Investment as amended by Law No. 6 of 2023 conceming Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 conceming Job Creation into Law

- Government Regulation No. 18 of 2021 concerning Management Aighis, Land Rights, Apartment Units and Land Registration

2. Sector : All sectors

Subsector : Registration Requirements for the Establishment of Foreign Investment

Industry Classification :  -

Level of Government : Central

Obligations Concerned : National Treatment

Description : Foreign investment (1) shall have a total investment value of more than IDR 10 billion (excluding land and buildings) for each business field in each location, unless required otherwise by the specific sector in accordance with Indonesia's laws and regulations. In addition, foreign investment shall have the issued capital/paid-up capital at least IDR 10 billion, unless otherwise stipulated in any Indonesia's laws and regulations.

Source of Measure :

- Law No. 25 of 2007 concerning Investment as amended by Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation into Law

- Law No. 20 of 2008 concerning Micro, Small and Medium Enterprises as amended by Law No. 6 of 2023 conceming Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 conceming Job Creation into Law

- Government Regulation No. 5 of 2021 conceming implementation of Risk-Based Business Licensing

- Government Regulation No. 7 of 2027 concerning _ Ease, Protection, and Empowerment of Cooperatives and Micro, Small, and Medium Enterprises

- Presidential Regulation No. 10 of 2021 conceming investment Business Fields as amended by Presidential Regulation No. 49 of 2021

  • Article   1 Amendment to the Agreement 1
  • Article   2 Entry Into Force 1
  • Article   3 Depositary 1
  • Chapter   1 ESTABLISHMENT OF FREE TRADE AREA, OBJECTIVES AND GENERAL DEFINITIONS 1
  • 1 Objectives 1
  • 2 Establishment of the ASEAN-Australia-New Zealand Free Trade Area 1
  • 3 General Definitions 1
  • Chapter   2 TRADE IN GOODS 1
  • Section   A General Provisions and Market Access for Goods 1
  • 1 National Treatment on Internal Taxation and Regulation 1
  • 2 Reduction or Elimination of Customs Duties 1
  • 3 Acceleration of Tariff Commitments 1
  • 4 Temporary Admission of Goods 1
  • 5 Temporary Admission for Containers and Pallets 1
  • 6 Duty-Free Entry of Samples of No Commercial Value 2
  • 7 Elimination of Agricultural Export Subsidies 2
  • 8 Transposition of Schedules of Tariff Commitments 2
  • 9 Modification of Concessions 2
  • Section   B Non-Tariff Measures 2
  • 10 Application of Non-Tariff Measures 2
  • 11 Quantitative Restrictions and Non-Tariff Measures 2
  • 12 Publication and Administration of Trade Regulations 2
  • 13 Technical Consultations on Non-Tariff Measures 2
  • 14 Non-Tariff Measures on Essential Goods During Humanitarian Crises, Epidemics or Pandemics 2
  • 15 Import Licensing Procedures 2
  • 16 Fees and Charges Connected with Importation and Exportation 2
  • Section   C Institutional Arrangements 2
  • 17 Sectoral Initiatives 2
  • 18 Contact Points and Consultations 2
  • 19 Committee on Trade In Goods 2
  • 20 Application 2
  • Chapter   3 RULES OF ORIGIN 2
  • 1 Definitions 2
  • 2 Originating Goods 2
  • 3 Goods Wholly Produced or Obtained 3
  • 4 Goods Not Wholly Produced or Obtained 3
  • 5 Calculation of Regional Value Content 3
  • 6 Cumulative Rules of Origin 3
  • 7 Minimal Operations and Processes 3
  • 8 De Minimis 3
  • 9 Accessories, Spare Parts, Tools and Instructional or other Information Materials 3
  • 10 Identical and Interchangeable Materials 3
  • 11 Treatment of Packing Materials and Containers 3
  • 12 Indirect Materials 3
  • 13 Recording of Costs 3
  • 14 Direct Consignment, Transit and Transshipment 3
  • 15 Proof of Origin 3
  • 16 Denial of Preferential Tariff Treatment 3
  • 17 Review and Appeal 3
  • 18 Sub-Committee on Rules of Origin 3
  • 19 Consultations, Review and Modification 3
  • 20 Electronic System for Origin Information Exchange 3
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 3
  • 1 Objectives 3
  • 2 Scope 3
  • 3 Definitions 3
  • 4 Customs Procedures 3
  • 5 Customs Co-operation 3
  • 6 Consistency 3
  • 7 Transparency 4
  • 8 Enquiry Points 4
  • 9 Confidentiality 4
  • 10 Advance Rulings 4
  • 11 Preshipment Inspection 4
  • 12 Pre-arrival Processing 4
  • 13 Single Window 4
  • 14 Valuation 4
  • 15 Trade Facilitation Measures for Authorised Operators 4
  • 16 Release of Goods 4
  • 17 Express Consignments 4
  • 18 Perishable Goods 4
  • 19 Facilitation of Essential Goods During Humanitarian Crises, Epidemics or Pandemics 4
  • 20 Risk Management 4
  • 21 Post-Clearance Audit 4
  • 22 Time Release Studies 4
  • 23 Review and Appeal 4
  • 24 Consultation 5
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 5
  • 1 Objectives 5
  • 2 Scope 5
  • 3 Definitions 5
  • 4 General Provisions 5
  • 5 Equivalence 5
  • 6 Competent Authorities and Contact Points 5
  • 7 Notification 5
  • 8 Co-operation 5
  • 9 Consultations 5
  • 10 Meetings Among the Parties on Sanitary and Phytosanitary Matters 5
  • 11 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 5
  • Chapter   6 STANDARDS, TECHNICAL REGULATIONS AND CONFORMITY ASSESSMENT PROCEDURES 5
  • 1 Objectives 5
  • 2 Scope 5
  • 3 Definitions 5
  • 4 Affirmation of the TBT Agreement 5
  • 5 Standards 5
  • 6 Technical Regulations 5
  • 7 Conformity Assessment Procedures 5
  • 8 Co-operation 5
  • 9 Technical Consultations 5
  • 10 Agreements or Arrangements 5
  • 11 Transparency 5
  • 12 Contact Points 5
  • 13 Sub-Committee on Standards, Technical Regulations and Conformity Assessment Procedures 5
  • Chapter   7 SAFEGUARD MEASURES 5
  • 1 Scope 5
  • 2 Definitions 5
  • 3 Imposition of a Safeguard Measure 5
  • 4 Investigation 5
  • 5 Notification 6
  • 6 Scope and Duration of Transitional Safeguard Measures 6
  • 7 Provisional Safeguard Measures 6
  • 8 Compensation 6
  • 9 Relationship to the WTO Agreement 6
  • Chapter   8 TRADE IN SERVICES 6
  • 1 Definitions 6
  • 2 Scope 6
  • 3 Scheduling of Commitments 6
  • 4 National Treatment 6
  • 5 Market Access 6
  • 6 Additional Commitments 6
  • 7 Review of Commitments 6
  • 8 Work Programme 6
  • 9 Most-Favoured-Nation Treatment 7
  • 10 Local Presence 7
  • 11 Schedules of Specific Commitments 7
  • 12 Schedules of Non-Conforming Measures 7
  • 13 Modification of Schedules 7
  • 14 Domestic Regulation 7
  • 15 Transparency 7
  • 16 Development and Application of Regulations 7
  • 17 Disclosure of Confidential Information 7
  • 18 Monopolies and Exclusive Service Suppliers 7
  • 19 Business Practices 7
  • 20 Recognition 7
  • 21 Payments and Transfers 7
  • 22 Subsidies 7
  • 23 Safeguard Measures 7
  • 24 Increasing Participation for Newer ASEAN Member States 7
  • 25 Denial of Benefits 7
  • 26 Treatment and Protection of Commercial Presence 7
  • 27 Co-operation 7
  • 28 Committee on Trade In Services 7
  • ANNEX 8A  FINANCIAL SERVICES 8
  • 1 Scope 8
  • 2 Definitions 8
  • 3 Prudential Measures 8
  • 4 Treatment of Certain Information 8
  • 5 Recognition 8
  • 6 Transparency 8
  • 7 Financial Services Exceptions 8
  • 8 Transfers of Information and Processing of Information 8
  • 9 Dispute Settlement 8
  • 10 Self-Regulatory Organisations 8
  • 11 Payment and Clearing Systems 8
  • 12 Investment Disputes In Financial Services (12) 8
  • 13 New Financial Services 9
  • 14 Electronic Payment Systems 9
  • 15 Consultations 9
  • 16 Contact Points 9
  • ANNEX 8C  PROFESSIONAL SERVICES 9
  • Chapter   9 MOVEMENT OF NATURAL PERSONS 9
  • 1 Objectives 9
  • 2 Scope 9
  • 3 Definitions 9
  • 4 Grant of Temporary Entry 9
  • 5 Schedules of Specific Commitments on the Movement of Natural Persons 9
  • 6 Processing of Applications 9
  • 7 Transparency 9
  • 8 Application of Chapter 20 (Consultations and Dispute Settlement) 9
  • 9 Relation to other Chapters 9
  • Chapter   10 ELECTRONIC COMMERCE 9
  • Section   A General Provisions 9
  • 1 Definitions 9
  • 2 Principles and Objectives 9
  • 3 Scope  (3) 10
  • 4 Co-operation 10
  • Section   B Trade Facilitation 10
  • 5 Paperless Trading 10
  • 6 Electronic Authentication and Electronic Signature 10
  • 7 Electronic Invoicing 10
  • Section   C Creating a Conducive Environment for Electronic Commerce 10
  • 8 Digital Trade Standards and Conformity Assessment 10
  • 9 Online Consumer Protection 10
  • 10 Online Personal Information Protection 10
  • 11 Unsolicited Commercial Electronic Messages 10
  • 12 Domestic Regulatory Framework 10
  • 13 Customs Duties 10
  • 14 Transparency 10
  • 15 Open Government Data (12) 10
  • 16 Cyber Security 10
  • Section   D Promoting Cross-Border Electronic Commerce 10
  • 17 Location of Computing Facilities 10
  • 18 Cross-border Transfer of Information by Electronic Means 10
  • Section   E Other Provisions 10
  • 19 Digital Inclusion for Electronic Commerce 10
  • 20 Settlement of Disputes 10
  • Chapter   11 INVESTMENT 10
  • Section   A 10
  • 1 Definitions 10
  • 2 Scope 11
  • 3 National Treatment (8) 11
  • 4 Most-Favoured-Nation Treatment (10) (11) 11
  • 5 Senior Management and Board of Directors 11
  • 6 Prohibition of Performance Requirements 11
  • 7 Treatment of Investment (16) 11
  • 8 Compensation for Losses 11
  • 9 Transfers 11
  • 10 Expropriation and Compensation (18) 11
  • 11 Subrogation 11
  • 12 Denial of Benefits (22) 11
  • 13 Reservations and Non-Conforming Measures 11
  • 14 Transparency 12
  • 15 Special Formalities and Disclosure of Information 12
  • 16 Special and Differential Treatment for the Newer ASEAN Member States 12
  • 17 Work Programme 12
  • 18 Committee on Investment 12
  • Section   B Investment Disputes between a Party and an Investor 12
  • 19 Scope and Definitions 12
  • 20 Consultations 12
  • 21 Claim by an Investor of a Party 12
  • 22 Submission of a Claim 12
  • 23 Conditions and Limitations on Submission of a Claim 12
  • 24 Selection of Arbitrators 12
  • 25 Consolidation 12
  • 26 Conduct of the Arbitration 12
  • 27 Transparency of Arbitral Proceedings 12
  • 28 Governing Law 12
  • 29 Awards 12
  • ANNEX 11A   CUSTOMARY INTERNATIONAL LAW 13
  • ANNEX 11B   EXPROPRIATION AND COMPENSATION 13
  • Chapter   12 ECONOMIC CO-OPERATION 13
  • 1 Scope and Objectives 13
  • 2 Definitions 13
  • 3 Resources 13
  • 4 Economic Co-operation Work Programme 13
  • 5 Focal Points for Implementation 13
  • 6 Implementation and Evaluation of Work Programme Components 13
  • 7 Review of Work Programme 13
  • 8 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 13
  • Chapter   13 TRADE AND SUSTAINABLE DEVELOPMENT 13
  • 1 Basic Principles 13
  • 2 Co-operation 13
  • 3 Contact Points 13
  • 4 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 13
  • Chapter   14 INTELLECTUAL PROPERTY 13
  • 1 Objectives 13
  • 2 Definitions 13
  • 3 Affirmation of the TRIPS Agreement 13
  • 4 National Treatment 13
  • 5 Copyright 13
  • 6 Government Use of Software 13
  • 7 Trademarks and Geographical Indications 13
  • 8 Genetic Resources, Traditional Knowledge and Folklore 13
  • 9 Co-operation 13
  • 10 Transparency 13
  • 11 Recognition of Transitional Periods Under the TRIPS Agreement 13
  • 12 Committee on Intellectual Property 13
  • Chapter   15 COMPETITION 14
  • 1 Objectives 14
  • 2 Basic Principles 14
  • 3 Appropriate Measures Against Anti-Competitive Activities (1) 14
  • 4 Co-operation (4) 14
  • 5 Confidentiality of Information 14
  • 6 Technical Co-operation and Capacity Building 14
  • 7 Consumer Protection 14
  • 8 Consultations 14
  • 9 Contact Points 14
  • 10 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 14
  • Chapter   16 MICRO, SMALL AND MEDIUM ENTERPRISES 14
  • 1 Objectives 14
  • 2 Information Sharing 14
  • 3 Co-operation 14
  • 4 Contact Points 14
  • 5 Committee on MSMEs 14
  • 6 Non-Application of Dispute Settlement 14
  • Chapter   17 GOVERNMENT PROCUREMENT 14
  • 1 Objectives 14
  • 2 Scope 14
  • 3 General Principles 14
  • 4 Transparency 14
  • 5 Use of Electronic Means 14
  • 6 Environmentally Sustainable Procurement 14
  • 7 Ensuring Integrity In Procurement Practices 14
  • 8 Facilitation of Participation by MSMEs 14
  • 9 Co-operation 14
  • 10 Review 15
  • 11 Contact Points 15
  • 12 Non-Application of Dispute Settlement 15
  • Chapter   18 GENERAL PROVISIONS AND EXCEPTIONS 15
  • 1 General Exceptions 15
  • 2 Security Exceptions 15
  • 3 Taxation Measures 15
  • 4 Measures to Safeguard the Balance of Payments 15
  • 5 Treaty of Waitangi 15
  • 6 Screening Regime and Dispute Settlement 15
  • Chapter   19 INSTITUTIONAL PROVISIONS 15
  • 1 FTA Joint Committee 15
  • 2 Communications 15
  • Chapter   20 CONSULTATIONS AND DISPUTE SETTLEMENT 15
  • Section   A Introductory Provisions 15
  • 1 Objectives 15
  • 2 Definitions 15
  • 3 Scope and Coverage 15
  • 4 General Provisions 15
  • 5 Choice of Forum 15
  • Section   B Consultation Provisions 15
  • 6 Consultations 15
  • 7 Good Offices, Conciliation, Mediation 15
  • Section   C Adjudication Provisions 15
  • 8 Request for Establishment of Arbitral Tribunals 15
  • 9 Procedures for Multiple Complainants 15
  • 10 Third Parties 15
  • 11 Establishment and Re-convening of Arbitral Tribunals 15
  • 12 Functions of Arbitral Tribunals 16
  • 13 Arbitral Tribunal Procedures 16
  • 14 Suspension and Termination of Proceedings 16
  • Section   D Implementation Provisions 16
  • 15 Implementation 16
  • 16 Compliance Review 16
  • 17 Compensation and Suspension of Concessions or other Obligations 16
  • Section   E Final Provisions 16
  • 18 Special and Differential Treatment Involving Newer ASEAN Member States 16
  • 19 Expenses 16
  • 20 Contact Points 16
  • 21 Language 16
  • ANNEX 20-A  RULES OF PROCEDURE FOR ARBITRAL TRIBUNAL PROCEEDINGS 16
  • ANNEX 20-B  OPTIONAL PROCEDURES FOR COMPOSING ARBITRAL TRIBUNALS 17
  • Chapter   21 FINAL PROVISIONS 17
  • 1 Annexes, Appendices and Footnotes 17
  • 2 Relation to other Agreements 17
  • 3 Amended or Successor International Agreements 17
  • 4 Disclosure of Information 17
  • 5 Confidentiality 17
  • 6 Amendments 17
  • 7 Depositary 17
  • 8 Entry Into Force 17
  • 9 Withdrawal and Termination 17
  • 10 Review 17
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. CAMBODIA 17
  • LIST A  EXPLANATORY NOTES 17
  • LIST B  EXPLANATORY NOTES 18
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. INDONESIA 20
  • LIST A  EXPLANATORY NOTES 20
  • LIST B  EXPLANATORY NOTES 22
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. LAO PDR 24
  • LIST A  EXPLANATORY NOTES 24
  • LIST B  EXPLANATORY NOTES 25
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. MYANMAR 26
  • LIST A  EXPLANATORY NOTES 26
  • LIST B  EXPLANATORY NOTES 32
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. MALAYSIA 34
  • LIST A  EXPLANATORY NOTES 34
  • LIST B  EXPLANATORY NOTES 35
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. THE PHILIPPINES 37
  • LIST A  EXPLANATORY NOTES 37
  • LIST B   EXPLANATORY NOTES 38
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. THAILAND 40
  • LIST A  EXPLANATORY NOTES 40
  • LIST B  EXPLANATORY NOTES 41
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR  INVESTMENT. VIET NAM 43
  • LIST A  EXPLANATORY NOTES 43
  • LIST B  EXPLANATORY NOTES 43
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT AND SERVICES. AUSTRALIA 45
  • LIST A  EXPLANATORY NOTES 45
  • LIST B  EXPLANATORY NOTES 47
  • APPENDIX A  AUSTRALIA'S MARKET ACCESS COMMITMENTS - REGIONAL (STATE AND TERRITORY) LEVEL 49
  • LIST C  ADDITIONAL COMMITMENTS - CHAPTER 8 (TRADE IN SERVICES) AUSTRALIA 49
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT AND SERVICES BRUNEI DARUSSALAM 50
  • LIST A  EXPLANATORY NOTES 50
  • LIST B  EXPLANATORY NOTES 53
  • ANNEX 3   SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT AND SERVICES. NEW ZEALAND 57
  • LIST A  EXPLANATORY NOTES 57
  • LIST B  EXPLANATORY NOTES 58
  • APPENDIX A  61
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT AND SERVICES. SINGAPORE 61
  • LIST A  EXPLANATORY NOTES 61
  • LIST B  EXPLANATORY NOTES 64
  • APPENDIX TO LIST B  COMMITMENTS FOR FINANCIAL SERVICES SINGAPORE 67
  • ANNEX 3  SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR SERVICES. INDONESIA 67
  • LIST A  EXPLANATORY NOTES 67
  • LIST B  EXPLANATORY NOTES 68
  • APPENDIX A  SPECIFIC COMMITMENTS FOR FINANCIAL SERVICES INDONESIA 74
  • APPENDIX B   SPECIFIC COMMITMENTS FOR THE PRESENCE OF NATURAL PERSONS. INDONESIA 74
  • ANNEX 3   SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR SERVICES. MALAYSIA 74
  • LIST A   EXPLANATORY NOTES 74
  • LIST B   EXPLANATORY NOTES 76
  • APPENDIX   SPECIFIC COMMITMENTS FOR FINANCIAL SERVICES. MALAYSIA 80
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS 80
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. AUSTRALIA 80
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. BRUNEI DARUSSALAM. 80
  • APPENDIX A  SECTORAL SPECIFIC COMMITMENTS FOR INTRA-CORPORATE TRANSFEREES 80
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. CAMBODIA. 80
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. INDONESIA 80
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. LAO PDR 80
  • APPENDIX A  SECTORAL SPECIFIC COMMITMENTS 80
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. MYANMAR 81
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. MALAYSIA 81
  • APPENDIX  SECTORAL SPECIFIC COMMITMENTS EXCEPT FINANCIAL SERVICES 82
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. NEW ZEALAND 82
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. THE PHILIPPINES 82
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. SINGAPORE 82
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. THAILAND 82
  • APPENDIX A  SECTORAL SPECIFIC COMMITMENTS (3) (4) 82
  • ANNEX 4  SCHEDULE OF SPECIFIC COMMITMENTS ON THE MOVEMENT OF NATURAL PERSONS. VIET NAM 82