Existing Measure:
Article 26 b) of the Road Transport Operations Law (2016)
23. Sector: Transport
Subsector:
- Air Traffic Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Givil Aviation Training Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Aircraft Repair and Maintenance Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Airport Hotel Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Ground Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Selling and Marketing of Air Transport Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Computer Reservation System (CRS) Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Aircraft Leasing without Crew Services (CPC 73116)
- Aircraft Leasing with Crew Services (CPC 66031)
- Air Freight Forwarding Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Aircraft Line Maintenance Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Ramp Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Passenger Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Baggage Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Cargo Handling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Refuelling Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Airport Security Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Airport Constructions, Maintenances, Managements and Operations (CPC 53122, 53213, 54122, 54619)
- Domestic Air Transport Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission) International Air Transport Services (as defined in Annex (A) to the Notification No. 15/2017 of Myanmar Investment Commission)
- Leasing aircraft related items (ISIC 7730, CPC 7312)
- Aircraft Catering Services
Industry Classification: CPG or as defined in Annex (A) to the Notifications No. 15/2017 of Myanmar Investment Commission
Level of Government: All levels
Obligations Concerned: National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Directors
Description: Myanmar reserves the right to adopt and maintain any measure with respect to investments in the services mentioned above.
Existing Measure:
- Article 3 and 4 of the State-owned Economic Enterprises Law (1989);
- Notification No.15/2017 of Myanmar Investment Commission;
- Decision made by the 10/3015 Meeting of the Executive Committee of the Ministry of Transport and Communications;
- Rule 139 of the Myanmar Aircraft Rules (2018);
24. Sector: Transport
Subsector: Aviation Services
Industry Classification:
Level of Government: All levels
Obligations Concerned: National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Directors
Description: Myanmar reserves the right to adopt and maintain any measure relating to new aviation services that are not regulated and/or do not exist in the territory of Myanmar at the date of entry into force of the Second Protocol.
Existing Measure:
25. Sector: Transport
Subsector:
- Supporting Service for water transport Vessel leasing without crew
- Ship demolition service
- Tow boat & tug boat service
- Conservation works and improvement works of waterways
- Service for port and waterway
- Service for salvage the sunken ship
- Dry Port service relevant with rail transport
- The construction of switchback/slipway, dockyard, wet/dry dockyard, landing and mud dock (a narrow basin at foreshore area for docking), building of jetty and landing stage and vessel landing by drainage in the river- creek boundary, bank boundary and waterfront boundary
- The construction of warehouse, soils, tanks, container yard and port related infrastructure in the bank boundary and waterfront boundary
- Construction of inland river-port
- Deep sea port and international multipurpose port
- Shipping agency service
- Shipyards capable of operating for building and repairing of ships and afloat structures
Industry Classification:
Level of Government: Central or Regional
Obligations Concerned: National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Directors
Description: The above-mentioned subsectors shall be carried out with the approval of the Ministry of Transport and Communications.
Existing Measure:
The Myanmar Investment Law, Section 42 (d) Paragraph 1(d) of the Myanmar Investment Commission's Notification (15/2017)
The Constitution of the Republic of the Union of Myanmar (2008), Chapter 4, Section 188, Schedule Two
26. Sector: Distribution Services
Subsector: Retail and Wholesale Sector
Industry Classification: CPG
Level of Government: All levels
Obligations Concerned: National Treatment, Prohibition of Performance Requirements
Description: Myanmar reserves the right to adopt and maintain any measure relating to the retail and wholesale sectors as may be necessary.
Source of Measure:
The Essential Supplies and Services Law
27. Sector: Manufacturing
Subsector: Snake Anti-venom Production
Industry Classification:
Level of Government: Central or Regional
Obligations Concerned: National Treatment, Prohibition of Performance Requirements
Description: Myanmar reserves the right to adopt or maintain any measure to the snake anti-venom production.
Existing Measure:
28. Sector: Private healthcare services
Subsector: Private healthcare agency
Industry Classification:
Level of Government: Central or Regional
Obligations Concerned: National Treatment, Prohibition of Performance Requirements
Description: Private Health Care Services (except ambulance service) is permitted as a joint venture investment with Myanmar citizen in accordance with the Myanmar investment law and Private Health Care Services Law (2007).
According to Section 2 of Private Health Care Services Law (2007), private health care agency means the health care services for transportation of patient or undertaking local and foreign communication for health care as a private service.
Myanmar reserves the right to adopt or maintain any measures relating to the private healthcare services.
Existing Measure:
Private Health Care Services Law (2007)
29. Sector: All Sectors
Subsector:
Industry Classification:
Level of Government: All Levels
Obligations Concerned: National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Director
Description: Myanmar reserves the right to adopt or maintain any measure relating to Health, Education, Training, Transport, Social Security and Public Utilities.
Existing Measure:
30. Sector: Transport
Subsector:
Industry Classification:
Level of Government: All Levels
Obligations Concerned: National Treatment, Prohibition of Performance Requirements. Senior Management and Board of Directors
Description: Myanmar reserves the right to adopt or maintain any measure relating to all investment-related transport sector and subsectors.
Existing Measure:
31. Sector: All sectors
Subsector:
Industry Classification:
Level of Government: All Levels
Obligations Concerned: National Treatment, Prohibition of Performance Requirements, Senior Management and Board of Directors
Description: Myanmar reserves the right to adopt or maintain any measure relating to all investment-related service sectors and subsectors.
Existing Measure:
ANNEX 3. SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. MALAYSIA
LIST A. EXPLANATORY NOTES
1. This List A sets out, pursuant to Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), Malaysia’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. 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, where referenced, refers to the specific subsector for which the entry is made;
(c) Level of Government indicates the level of government maintaining the listed measures;
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 13 (Reservations and NonConforming Measures) of Chapter 11 (Investment), do not apply to the listed measures;
(e) Description sets out the non-conforming measure for which the entry is made; and
(f) Source of Measure means the laws, regulations or other measures that are the source of the non-conforming measure for which the entry is made.
A measure cited in the Source of Measure element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of the Second Protocol, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure.
3. 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.
4. For greater certainty, the Description element of each of the entries in this List A is to be interpreted in accordance with the relevant cited sources of the non- conforming measures. For greater certainty, to the extent of any conflict between the Description element and other elements in an entry, the Description element shall prevail.
5. The Schedules of other Parties shall not be used to interpret Malaysia's commitments or obligations under Chapter 11 (Investment).
1. Sector: All sectors
Subsector:
Level of Government: Central and Regional
Obligations Concerned: National Treatment, Senior Management and Board of Directors
Description: Only Malaysian nationals or permanent residents can register a sole proprietorship or partnership in Malaysia. Foreigners can register a Limited Liability Partnership (LLP), but the compliance officer shall be a citizen or permanent resident of Malaysia that resides in Malaysia.
Foreigners are not allowed to establish or join cooperative societies in Malaysia.
Source of Measures:
Registration of Businesses Act 1956 [Act 197] Limited Liability Partnerships Act 2012 [Act 743] Co-operative Societies Act 1993 [Act 502]
Sarawak Business Names Ordinance 1932 [Chapter 64] (1958 Edition)
Sarawak Business, Professions and Trades Licensing Ordinance 1955 [Chapter 33] (1958 Edition)