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ASEAN - Australia - New Zealand FTA Second Protocol (2023)
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Source of Measure: Road Traffic Act 1967, 2020 Revised Edition

27. Sector: Transport Services

Subsector: Maritime Transport Services. Cargo Handling Services. Pilotage Services. Supply of Desalinated Water to Ships berthed at Singapore ports or in Singapore territorial waters

Industry Classification: CPC 741 Cargo Handling Services CPC 74520 Pilotage and Berthing Services (only applies to Pilotage Services) CPC 74590 Other Supporting Services for Water Transport

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

Only PSA Corporation Ltd and Jurong Port Pte Ltd or their respective successor bodies are allowed to provide cargo handling services.

Only PSA Marine (Pte) Lid or its successor bodies are allowed to provide pilotage services and supply desalinated water to ships berthed at Singapore ports or in Singapore territorial waters.

Source of Measure: Maritime and Port Authority of Singapore Act 1996, 2020 Revised Edition

28. Sector: Transport Services

Subsector: Maritime Transport Services

Industry Classification: -

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

Description: Trade in Services and Investment

Only local service suppliers shall be allowed to operate and manage cruise and ferry terminals.

Local service suppliers are either Singapore citizens or juridical persons which are more than 50 per cent owned by Singapore citizens.

Source of Measure: Maritime and Port Authority of Singapore Act 1996, 2020 Revised Edition

29. Sector: Transport Services

Subsector: Maritime Transport Services - Registration of ships under Singapore flag

Industry Classification: CPC 74590 Other Supporting Services for Water Transport

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

Description: Trade in Services and Investment

Only a Singapore citizen, permanent resident or Singapore legal person may register a ship under the Singapore flag.

All Singapore legal persons seeking to register ships under the Singapore flag shall appoint a ship manager who is resident in Singapore.

Vessels or ships owned by Singapore legal persons that are not majority owned by Singapore citizens or Singapore permanent residents shall be of at least 1,600 Gross Tonnage and be self- propelled before they can be registered under the Singapore flag.

For the purposes of this reservation, a "Singapore legal person" is a locally incorporated company.

Source of Measure:

Merchant Shipping Act 1995, 2020 Revised Edition

Merchant Shipping (Registration of Ships) Regulations

30. Sector: Transport Services

Subsector: Maritime Transport Services - Seaman Services

Industry Classification: -

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

Description: Trade in Services and Investment

Only Singapore citizens and permanent residents can register as Singapore seamen as defined in the Maritime and Port Authority of Singapore Act 1996.

Source of Measure:

Maritime and Port Authority of Singapore Act 1996, 2020 Revised Edition

Maritime and Port Authority of Singapore (Registration and Employment of Seamen) Regulations

31. Sector: Telecommunications Services

Subsector: Telecommunications services

Domain name allocation policies in Internet country code top level domains (ccTLDs) corresponding to Singapore territories (.sg)

Industry Classification: -

Obligations Concerned: Market Access. Local Presence

Description: Trade in Services

A registrar must be a company incorporated or a foreign company registered under the Companies Act 1967, 2020 Revised Edition.

Source of Measure:

Info-communications Media Development Authority Act 2016, 2020 Revised Edition

Telecommunications Act 1999, 2020 Revised Edition

The Internet Corporation for Assigned Names and Numbers (ICANN), which recognises the ultimate authority of sovereign Governments over ccTLDs corresponding to their territories.

32. Sector: Nature Reserve Services (includes national parks, nature reserves and parklands)

Subsector: -

Industry Classification: -

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

Description: Trade in Services and Investment

National Parks Board or its successor body is the only agency authorised to control, administer and manage national parks, nature reserves and parklands as defined under the National Parks Board Act 1996.

Source of Measure:

National Parks Board Act 1996, 2020 Revised Edition

Parks and Trees Act 2005, 2020 Revised Edition

LIST B. EXPLANATORY NOTES

1. This List B of the Schedule of Singapore in this Annex 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 reservations taken by Singapore for sectors, subsectors or activities for which it 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. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.

3. With respect to trade in services, Local Presence and National Treatment are separate disciplines and a measure that is only inconsistent with Local Presence need not be reserved against National Treatment.

4. The reservations and commitments relating to trade in services shall be read together with the relevant guidelines, stated in Scheduling of Initial Commitments in Trade in Services: Explanatory Note dated 3 September 1993 (MTN.GNS/W/164) and Scheduling of Initial Commitments in Trade in Services: Explanatory Note: Addendum dated 30 November 1993 (MTN.GNS/W/164/Add.1).

5. Each entry in this List B sets out the following elements:

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

(b) Subsector, where referenced, refers to the specific subsector for which the entry is made;

(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);

(d) Obligations Concemed specifies the obligations (National Treatment, Market Access, Most-Favoured-Nation Treatment, Local Presence, Prohibition of Performance Requirements, and Senior Management and Board of Directors) against which a reservation is taken;

(e) Description sets out the non-conforming measures to which the reservation applies; and

(f) Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, subsector, or activities covered by the entry. The measures stipulated therein are not exhaustive.

6. Whenever, in this List B, the supply of services is conditioned upon obtaining licensing or authorisation from relevant regulatory authorities, it shall be understood that the licensing or authorisation process is non-automatic, requiring a case-by-case evaluation, and the regulatory authorities may exercise discretion over their decisions.

7. References in this List B to any enterprise or entity apply as well to any successor enterprise or entity, which shall be entitled to benefit from any listing of a non-conforming measure with respect to that enterprise or entity.

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

1. Sector: All

Subsector: -

Industry Classification: -

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

Description: Trade in Services

Singapore reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, or other movement of natural persons, including immigration, entry or temporary stay subject to Chapter 9 (Movement of Natural Persons).

Existing Measure: -

2. Sector: All

Subsector: -

Industry Classification: -

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

Description: Trade in Services and Investment

Singapore reserves the right to adopt or maintain any measure in relation to the development or usage of land or the type of activities which may be conducted on land in accordance with its land zoning, land use, urban planning policies, development control, conservation and preservation policies as well as policies relating to environmental protection, nature reserves and national parks.

Existing Measure: Planning Act 1998, 2020 Revised Edition

3. Sector: All

Subsector: -

Industry Classification: -

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

Singapore reserves the right to adopt or maintain any measure affecting the supply of health services by government-owned or controlled healthcare institutions, such as hospitals and polyclinics, including investments in these institutions, hospitals and polyclinics.

Existing Measure: -

4. Sector: All

Subsector: -

Industry Classification: -

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:

Singapore reserves the right to adopt or maintain any measure affecting the supply of social services, social security, public training, public law enforcement, ambulance services, correctional services and fire- fighting services.

Existing Measure: -

5. Sector: All

Subsector: -

Industry Classification: -

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

Singapore reserves the right to adopt or maintain any measure affecting, including the alienation and divestment of, real estate owned by the State.

Existing Measure: State Lands Act 1920, 2020 Revised Edition

6. Sector: All

Subsector: -

Industry Classification: -

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:

Singapore reserves the right to adopt or maintain any measure affecting:

(a) the full or partial devolvement to the private sector of services provided in the exercise of governmental authority;

(b) the divestment of its equity interests in, or the assets of, an enterprise that is wholly owned by the Singapore Government; and

(c) the divestment of its equity interests in, or the assets of, an enterprise that is partially owned by the Singapore Government.

Existing Measure: -

7. Sector: All

Subsector: -

Industry Classification: -

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

Singapore reserves the right to adopt or maintain any measure affecting real estate. This includes measures affecting the ownership, sale, purchase, development and management of real estate.

This reservation does not apply to real estate consultancy services, real estate agency services, real estate auction services, real estate valuation services, and renting or leasing services involving owned or leased non-residential property.

Existing Measure:

Residential Property Act 1976, 2020 Revised Edition

State Lands Act 1920, 2020 Revised Edition

Sentosa Development Corporation Act 1972, 2020 Revised Edition

Housing and Development Act 1959, 2020 Revised Edition

Housing Developers (Control and Licensing) Act 1965, 2020 Revised Edition

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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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