ASEAN - Australia - New Zealand FTA Second Protocol (2023)
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(17) Section 10.48 and 10.58 of Part X of the Competition and Consumer Act 2010 (Cth) list the categories of persons to whom this entry will apply.

12. Sector: Transport Services

Subsector: -

Level of Government: Central

Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Senior Management and Boards of Directors

Description: Trade in Services and Investment

Total foreign ownership of individual Australian international airlines (other than Qantas) is restricted to a maximum of 49 per cent. Furthermore, it is required that:

- at least two-thirds of the board members must be Australian citizens;

- the Chairperson of the board must be an Australian citizen;

- the airline's head office must be in Australia; and

- the airline's operational base must be in Australia.

Source of Measure:

Air Navigation Act 1920 (Cth)

Ministerial Statements

13. Sector: Transport Services

Subsector: -

Level of Government: Central

Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Senior Management and Boards of Directors

Description: Trade in Services and Investment

Total foreign ownership of Qantas Airways Ltd is restricted to a maximum of 49 per cent. In addition:

- the head office of Qantas must always be located in Australia;

-  the majority of Qantas' operational facilities must be located in Australia;

- at all times, at least two-thirds of the directors of Qantas must be Australian citizens;

- at a meeting of the board of directors of Qantas, the director presiding at the meeting (however described) must be an Australian citizen; and

-Qantas is prohibited from taking any action to become incorporated outside Australia.

Source of Measure: Qantas Sale Act 1992 (Cth)

14. Sector: Transport Services

Subsector: - 

Level of Government: Central

Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access

Description: Trade in Services and Investment

The following functions and services are reserved to provision by the statutory authority, Airservices Australia: airspace management, air traffic flow information, air traffic control, traffic and flight information, navigation services, aeronautical information, and aerodrome rescue and fire- fighting services.

Source of Measure:

Ait Services Act 1995 (Cth) Air Services Regulations 1995 (Cth)

Public Governance, Performance and Accountability Act 2013 (Cth)

15. Sector : Communication Services

Subsector: -

Level of Government : Central

Obligations Concerned : National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment)

Description : Trade in Services and Investment

Australia Post, a wholly-owned government entity, has the exclusive right to issue postage stamps and carry letters within Australia, whether the letters originated within or outside Australia. This includes:

- the collection within Australia of letters for delivery within Australia; and

- the delivery of letters within Australia. This entry does not include:

- the carriage of a letter weighing more than 250 grams;

- the carriage of a letter within Australia for a charge or fee that is at least four times the rate of postage that is current at the time for the carriage within Australia of a standard postal article by ordinary post (18); and

- other exceptions to the reserved services set out in section 30 of the Australian Postal Corporation Act 1989 (Cth).

Australia Post also has certain rights, powers and immunities ascribed only to it, such as the use and access to public land for the provision of postal and courier services.

Source of Measure : Australian Postal Corporation Act 1989 (Cth)

(18) As specified in accordance with the Australian Postal Corporation Act 1989 (Cth) and its subordinate legislation and regulations or any amendments thereto.

16. Sector : All Sectors

Subsector: -

Level of Government : Central. Regional

Obligations Concerned : Prohibition of Performance Requirements (19)

Description : Investment

A design that has been registered or disclosed in a filed design application may be used by an Australian government (or a person authorised by an Australian government) and, if it is used, any agreement or licence fixing the terms on which a person other than that government may use the design may be inoperative with respect to the government use unless the agreement or licence has been approved by that government.

Source of Measure : Designs Act 2003 (Cth)

(19) Applies only in relation to Article 6.1(h) (Prohibition of Performance Requirements) of Chapter 11 (Investment).

17. Sector: Financial Services

Subsector: -

Level of Government: Central

Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access

Description: Trade in Services and Investment

A foreign bank located overseas is able to offer its services to Australian enterprises, but is not allowed to raise deposit funds in Australia or undertake business within Australia unless itis an authorised bank (or establishes a money market corporation, subsidiary, etc.).

Foreign banks located overseas may only raise funds in Australia through the issue of debt securities provided those securities are offered or traded in parcels of not less than AUD500,000 and the securities and any associated information memoranda clearly state the issuing bank is not authorised under the Banking Act 7959 (Cth) in Australia.

To undertake banking business in Australia an entity must be a body corporate and authorised as an authorised deposit-taking institution (ADI).

Foreign deposit-taking institutions (including foreign banks) may only operate a banking business in Australia through locally incorporated deposit-taking subsidiaries or authorised branches (foreign ADIs), or through both structures.

A branch of a foreign bank that is authorised as a deposit-taking institution in Australia (foreign ADI) is not permitted to accept initial deposits (and other funds) from individuals and non-corporate institutions of less than AUD250,000.

A representative office of a foreign bank is not permitted to undertake any banking business, including advertising for deposits, in Australia. Such a representative office is only permitted to act as a liaison point.

Source of Measure:

Banking Act 1959 (Cth)

Payment Systems (Regulation) Act 1998 (Cth)

18. Sector: Financial Services

Subsector: -

Level of Government: Central

Obligations Concerned: National Treatment (Trade in Services and Investment)

Description: Trade in Services and Investment

Liabilities of the Commonwealth Bank, previously Commonwealth Government-owned, are covered by transitional guarantee arrangements.

Source of Measure: Commonwealth Banks Act 1959 (Cth)

19.  Sector: Financial Services

Subsector: Life insurance services

Level of Government: Central

Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment)

Description: Trade in Services and Investment

Approval of non-resident life insurers is restricted to subsidiaries incorporated under Australian law.

Source of Measure: Life Insurance Act 1995 (Cth)

LIST B. EXPLANATORY NOTES

1. This List B sets out, pursuant to Article 12 (Schedules of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 13 (Reservations and Non- Conforming Measures) of Chapter 11 (Investment), the specific sectors, subsectors or activities for which Australia may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:

(a) Article 4 (National Treatment) of Chapter 8 (Trade in Services) or Article 3 (National Treatment) of Chapter 11 (Investment);

(b) Article 5 (Market Access) of Chapter 8 (Trade in Services);

(c) Article 9 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) or Article 4 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment);

(d) Article 10 (Local Presence) of Chapter 8 (Trade in Services);

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

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

2. Each entry in this List B 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) Obligations Concemed specifies the obligations referred to in Paragraph 1 that, pursuant to Article 12 (Schedules of Non- Conforming Measures) of Chapter 8 (Trade in Services) and Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), do not apply to the sectors, subsectors or activities listed in the entry;

(d) Description sets out the scope of the sector, subsector or activities covered by the entry; and

(e) Existing Measures where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors or activities covered by the entry.

3. In accordance with Article 12 (Schedules of Non-Conforming Measures) of Chapter 8 (Trade in Services) and 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 sectors, subsectors and activities identified in the Description element of that entry.

4. For greater certainty, where Australia has more than one entry in this List B that could apply to a measure, each entry is to be read independently, and is without prejudice to the application of any other entry to the measure.

5. The Schedules of other Parties shall not be used to interpret Australia’s commitments or obligations under Chapter 8 (Trade in Services) or Chapter 11 (Investment).

6. Commitments on measures with respect to or relating to trade in financial services are undertaken subject to the limitations and conditions set forth in Chapter 8 (Trade in Services), Annex 8A (Financial Services), Chapter 11 (Investment), these Explanatory Notes and this List B.

7. Without prejudice to other means of prudential regulation, Australia reserves the right to require licensing or registration of financial service suppliers and of financial instruments.

8. For the avoidance of doubt, in relation to education services, nothing in Chapter 8 (Trade in Services) or Chapter 11 (Investment) shall interfere with:

(a) the ability of individual education and training institutions to maintain autonomy in admissions policies (including in relation to considerations of equal opportunity for students and recognition of credits and degrees), in setting tuition rates and in the development of curricula or course content;

(b) non-discriminatory accreditation and quality assurance procedures for education and training institutions and their programmes, including the standards that must be met;

(c) government funding, subsidies or grants, such as land grants, preferential tax treatment and other public benefits, provided to education and training institutions; or

(d) the need for education and training institutions to comply with non-discriminatory requirements related to the establishment and operation of a facility in a particular jurisdiction.

1. Sector: All Sectors

Subsector: -

Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Prohibition of Performance Requirements

Description: Trade in Services and Investment (20)

Australia reserves the right to adopt or maintain any measure with respect to a proposed acquisition by a foreign person (21) of an interest in Australian land (22), other than developed commercial land or land that is used wholly and exclusively for a primary production business.

Existing Measures:

Australia's Foreign Investment Framework, which comprises Australia's Foreign Investment Policy; Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

(20) The terms in this entry shall be interpreted in accordance with Australia's Foreign Investment Framework, as at the date of entry into force of the Second Protocol.
(21) The term "foreign person" has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(22) The terms "Australian land" and "interest in Australian land" have the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

2. Sector: All Sectors

Subsector: -

Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment). Prohibition of Performance Requirements. Senior Management and Boards of Directors

Description: Trade in Services and Investment (23)

Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person (24) of an interest in agricultural land (25), where the cumulative value of agricultural land owned by the foreign person alone or together with associates, including the proposed acquisition, is above AUD15 million. Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person of an interest in an agribusiness (26) where the cumulative value of the interest held by the foreign person in that agribusiness, alone or together with associates, including the proposed acquisition, is above AUD67 million.

Existing Measures:

Australia's Foreign Investment Framework, which comprises Australia's Foreign Investment Policy; Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulations 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

(23) The terms in this entry shall be interpreted in accordance with Australia's Foreign Investment Framework, as at the date of entry into force of the Second Protocol.
(24) The term "foreign person" has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(25) The term "agricultural land" has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(26) The term "agribusiness" has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

3. Sector: All Sectors

Subsector: -

Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment). Local Presence Prohibition of Performance Requirements. Senior Management and Boards of Directors

Description: Trade in Services and Investment

Australia reserves the right to adopt or maintain any measure that it considers necessary for the protection of its essential security interests.

Existing Measures: -

4. Sector: All Sectors

  • 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