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ASEAN - Australia - New Zealand FTA Second Protocol (2023)
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1. Insurance Agents A foreign national is not allowed to be  registered as an insurance agent in Brunei Darussalam.

2. Insurance Brokers A foreign national or enterprise is not allowed to provide insurance brokers services unless they are incorporated in Brunei Darussalam.

Source of Measure:

Insurance Order, 2006 Takaful Order, 2008 Companies Act (Chapter 39)

Business Names Act (Chapter 92)

36. Sector: Financial Services

Subsector: Banking

Obligations Concerned: Market Access

Description: Trade in Services

A foreign national or enterprise is not allowed to provide any outsourcing activities unless it is approved by the Brunei Darussalam Central Bank (BDCB) with the following conditions:

(a) the outsourced activities are not related to credit assessment, processing, administration, or any related core banking activities; and

(b) the outsourcing activities will not affect financial institutions' human capital and it does not involve any retrenchment of local employees.

Source of Measure:

Banking Order, 2006 Islamic Banking Order, 2008

Outsourcing Guidelines

37. Sector: Financial Services

Subsector: Life Insurance and Takaful (Islamic Insurance)

Obligations Concerned: Market Access

Description: Trade in Services

A foreign national or enterprise is not allowed to provide all direct life insurance or fakaful products and services including annuity, disability, income, accident and health insurance unless it is through insurance or fakaful companies established and licensed in Brunei Darussalam.

Source of Measure

Insurance Order, 2006 Takaful Order, 2008

Brunei Darussalam Central Bank Order, 2010

38. Sector: Financial Services

Subsector: Non-life Insurance and Takaful (Islamic Insurance)

Obligations Concerned: Market Access

Description: Trade in Services

A foreign national or enterprise is not allowed to provide all direct non-life insurance or fakaful products and services including annuity, disability income, accident and health insurance and contracts of fidelity bonds, performance body, or similar contracts of guarantee unless it is through insurance or takaful companies established and licensed in Brunei Darussalam.

Source of Measure:

Insurance Order, 2006 Takaful Order, 2008

Brunei Darussalam Central Bank Order, 2010

39. Sector: Financial Services

Subsector: Banking and Other Financial Services

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

Description: Trade in Services

A foreign national or enterprise is not allowed to provide any activities related to the acceptance of deposits and other repayable funds unless it is through banking, Islamic banking, or Finance Companies established and licensed in Brunei Darussalam.

Source of Measure:

Banking Order, 2006 Islamic Banking Order, 2008

Brunei Darussalam Central Bank Order, 2010

40. Sector: Financial Services

Subsector: Capital Market

Obligations Concerned: Market Access

Description: Trade in Services

A foreign national or enterprise is not allowed to carry out and provide any type of advisory or other auxiliary services, including credit reference and analysis; investment and portfolio research and advice; advice on acquisitions and on corporate restructuring and strategy, unless it is carried out by or through entities with capital market services license or capital market services representative license.

Source of Measure:

Securities Markets Order, 2013

Securities Markets Regulations, 2015

41. Sector: Financial Services

Subsector: Reinsurance and Retrocession (life and non-life)

Obligations Concerned: Market Access

Description: Trade in Services

A foreign national or enterprise is not allowed to conduct any type of reinsurance and retrocession (life and non-life) activities unless it is through reinsurance companies or retakaful operators established and licensed in Brunei Darussalam.

Source of Measure:

Insurance Order, 2006

Takaful Order, 2008

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 Brunei Darussalam 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 (Trade in Services);

(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 Concerned 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 sectors, subsectors 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. Commitments under Chapter 8 (Trade in Services) with respect to financial services are undertaken subject to the limitations and conditions set forth in these explanatory notes and this List B.

5. For greater certainty, where Brunei Darussalam 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.

6. The Schedules of other Parties shall not be used to interpret Brunei Darussalam's commitments or obligations under Chapter 8 (Trade in Services) or Chapter 11 (Investment).

7. For greater certainty, Brunei Darussalam's commitment with respect to Article 5 (Market Access) of Chapter 8 (Trade in Services), juridical persons supplying financial services and constituted under the laws, regulations and guidelines of Brunei Darussalam are subject to non-discriminatory limitations on juridical forms. (3)

8. All financial institutions offering Islamic financial products and services shall be subject to the Syariah requirements as determined by the laws of Brunei Darussalam and any supervisory bodies for the control of the administration and business dealings of financial institutions concerning Islamic products and any matters connected thereto.

9. Brunei Darussalam reserves the right to require a foreign bank branch that is systemically important to be a locally incorporated bank in Brunei Darussalam subject to the following prerequisites:

(a) such measure is imposed in a reasonable, objective, and impartial manner;

(b) Brunei Darussalam shall take in due consideration the quality of home regulation and supervision over the bank, degree of protection accorded to depositors in the home country with respect to depositors in Brunei Darussalam, and the amount of assets held in Brunei Darussalam;

(c) prior to the imposition of the requirement, the bank and the Party where the bank originates from shall be notified at least six months in advance of Brunei Darussalam's intention to locally incorporate the bank;

(d) Brunei Darussalam shall engage the Party concerned in consultations regarding the requirement and provide due considerations to the views expressed by the Party concerned in this regard; and

(e) provide considerable duration for the bank to comply with the requirement.

(3) For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in Brunei Darussalam. This explanatory note is not in itself intended to affect, or otherwise limit, a choice by a financial institution of the other Party between branches or subsidiaries.

1. 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 Board of Directors

Description: Trade in Services and Investment

Brunei Darussalam reserves the right to adopt or maintain any measure related to the privatisation, corporatisation, commercialisation or divestment of government assets, entities, or agencies including the following:

(a) limitations on ownership of assets;

(b) transfer or disposal of equity interests or their assets;

(c) the right of foreign investors or their investments to control their assets; and

(d) nationality of the senior management or members of the board of directors.

Existing Measures: -

2. Sector: All Sectors

Subsector: -

Obligations Concerned: National Treatment (Investment). Most-Favoured-Nation Treatment (Investment)

Description: 

Investment

1. Brunei Darussalam reserves the right to adopt or maintain any measure related to all land transactions and use, which shall be subject to approval and consent by His Majesty-in-Council, including:

(a) ownership and lease of land; and

(b) conditions on which such land shall be held, including the use of natural resources associated with such land.

2. Brunei Darussalam reserves the right to adopt or maintain any measure affecting the subdivision and consolidation of land, land use, land planning, and earthwork and building applications on state and private land.

Existing Measures:

Land Code (Chapter 40)

Land Code (Strata) Act (Chapter 189) Town and Country Planning (Control of Subdivision and Consolidation of Land) Regulations, 1973

Town and Country Planning (Control of Development and Use of Land and Buildings) Regulations, 1974

Town and Country Planning Order, 2015 Building Control Order, 2014

Land Code (Amendment) Order, 2016

Valuers and Estate Agents (Amendment) Order, 2016

Land Acquisition Act (Chapter 41)

3. Sector: All Sectors

Subsector: -

Obligations Concerned : Most-Favoured-Nation Treatment (Trade in Services and Investment)

Description: Trade in Services and Investment

Brunei Darussalam reserves the right to adopt or maintain any measure that accords differential or preferential treatment to:

(a) any countries under any bilateral, regional or multilateral international agreement signed or in force prior to the date of entry into force of this Second Protocol; (4)

(b) any Member State of ASEAN under any agreement or arrangement between or among Member States of ASEAN in force or signed after the date of entry into force of this Second Protocol; and

(c) any countries under any international agreement in force or signed after the date of entry into force of this Second Protocol involving:

(i) air services;

(ii) maritime and port matters; (iii) fisheries;

(iv) e-commerce;

(v) broadcasting; and

(vi) land transport.

Existing Measures: -

(4) For greater certainty, this extends to any preferential treatment accorded pursuant to a subsequent review or amendment of the relevant bilateral, regional or multilateral international agreement.

4. Sector: All Sectors

Subsector: -

Obligations Concerned: Market Access

Description: Trade in Services

Brunei Darussalam reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, including on the total number of foreign natural persons that may be employed in any sector, subject to Chapter 9 (Movement of Natural Persons), and in a manner that is not inconsistent with Brunei Darussalam's obligations under Article XVI of GATS.

Existing Measures: -

5. 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 Board of Directors

Description: Trade in Services and Investment

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

Existing Measures: -

6. Sector: All Sectors

Subsector: - 

Obligations Concerned: Prohibition of Performance Requirements

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  • 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
    • Name
    ASEAN - Australia - New Zealand FTA Second Protocol (2023)
    PDF Link
    ASEAN - Australia - New Zealand FTA Second Protocol (2023)
    Signed date
    21 / Aug / 2023
    Treaty type
    Other International Investment Agreements
    Origin language
    en
    Party ISO codes
    ASEAN,AUS,NZL
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP ASEAN - Australia - New Zealand Free Trade Agreement (2009) 27 / Feb / 2009 10 / Jan / 2010
    IT_OVERLAP Australia - Malaysia FTA (2012) 22 / May / 2012 01 / Jan / 2013
    IT_OVERLAP Regional Comprehensive Economic Partnership Agreement - RCEP (2020) 15 / Nov / 2020 01 / Jan / 2022
    IT_OVERLAP Trans-Pacific Partnership (TPP) (2016) 04 / Feb / 2016
    IT_OVERLAP Australia - Philippines BIT (1995) 25 / Jan / 1995 08 / Dec / 1995
    IT_OVERLAP IPEF Fair Economy Agreement (2024) 06 / Jun / 2024
    IT_OVERLAP Malaysia - New Zealand FTA (2009) 26 / Oct / 2009 01 / Aug / 2010
    IT_OVERLAP Australia - Viet Nam BIT (1991) 05 / Mar / 1991 11 / Sep / 1991
    IT_OVERLAP Trans - Pacific Strategic Economic Partnership (TPSEP) (2005) 18 / Jul / 2005 28 / May / 2006
    IT_OVERLAP Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) (2018) 08 / Mar / 2018 30 / Dec / 2018
    IT_OVERLAP New Zealand - Singapore CEPA (2019) 17 / May / 2019 01 / Jan / 2020
    IT_OVERLAP Australia - Indonesia Comprehensive Economic Partnership Agreement (2019) 04 / Mar / 2019 05 / Jul / 2020
    IT_OVERLAP Indo-Pacific Economic Framework (IPEF) Supply Chain Agreement (2023) 14 / Nov / 2023 24 / Feb / 2024
    IT_OVERLAP Framework Agreement on the BIMST-EC Free Trade Area (2004) 08 / Feb / 2004 30 / Jun / 2004
    IT_OVERLAP Australia - Lao People's Democratic Republic BIT (1994) 06 / Apr / 1994 08 / Apr / 1995
    IT_OVERLAP Australia - Thailand FTA (2004) 05 / Jul / 2004 01 / Jan / 2005
    IT_OVERLAP Organisation of the Islamic Conference (OIC) Investment Agreement (1981) 05 / Jun / 1981 23 / Sep / 1986
    IT_OVERLAP IPEF Clean Economy Agreement (2024) 06 / Jun / 2024
    IT_OVERLAP New Zealand - Singapore CEPA (2000) 14 / Nov / 2000 01 / Jan / 2001
    IT_OVERLAP Australia - Indonesia BIT (1992) 17 / Nov / 1992 29 / Jul / 1993
    IT_OVERLAP Investment Facilitation for Development (2024)
    IT_OVERLAP Australia - New Zealand Investment Protocol (2011) 16 / Feb / 2011 01 / Mar / 2013
    IT_OVERLAP Pacific Agreement on Closer Economic Relations (PACER) Plus (2017) 14 / Jun / 2017 13 / Dec / 2020
    IT_OVERLAP Australia - Singapore FTA (2003) 17 / Feb / 2003 28 / Jul / 2003
    IT_OVERLAP New Zealand - Thailand EPA (2005) 19 / Apr / 2005 01 / Jul / 2005
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