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AANZFTA
ASEAN - Australia - New Zealand FTA&EIA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

Australia Brunei Cambodia Indonesia
Lao PDR Malaysia New Zealand Philippines
Singapore Thailand Viet Nam Myanmar

Agreement establishing an ASEAN-Australia-New Zealand Free Trade Area
Status : Signed in 2009 .  In force since 2010
Scope : Country - Bloc
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2010
Agreement text : 
http://www.asean.fta.govt.nz/
Other links : 
http://www.dfat.gov.au/trade/fta/asean/aanzfta/index.html#FullText
WTO consideration process : 
Factual presentation not distributed
GOODS
Tariffs
Progressive elimination of tariffs on goods for up to 99% tariff lines in pre-scheduled intervals from 2010 to 2020
Tariff schedules for agreed liberalization are given in Annex 1 of the Agreement.
Agriculture export subsidies are not allowed (Article 3 of Chapter 2). No safeguards for agricultural products are envisaged.
Rules of Origin
Regionally cumulative.
Contingency Measures
   Anti - Dumping : n.a.
   Countervailing Duties : n.a.
   Safeguards : Covered by Chapter 7 of the Agreement.

Standards : Covered by Chapter 6 of the Agreement ; affirming rights and obligation in compliance with TBT Agreement. Sanitary and Phytosanitary measures are covered by Chapter 5 of the Agreement.
Notes:
The Agreement was ratified by Australia, Brunei Darussalam, Malaysia, Myanmar, New Zealand, Philippines, Singapore and Vietnam. Indonesia, Cambodia, Lao PDR and Thailand are expected to ratify the Agreement in 2010.
SERVICES
WTO Notification (GATS Art. V) : Notified
       Date of notification 8/04/2010
       Consideration Process : Under Consideration
Liberalization Approach : Positive Lists

Modes Covered
Cross-border supply (Mode1)
 Consumption abroad (Mode2)
 Commercial presence (Mode3)
 Presence of natural persons (Mode4)
Specific Chapters on
Financial services
Movement of natural persons

Specific Sectors Excluded
Air transport

Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Non-binding

National Treatment : Binding

Market Access : Binding

Domestic Regulation : Binding but subject to legitimate expectations (GATS-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
          A Party may deny the benefits of this Chapter: (a) to the supply of any service, if it establishes that Article 21 A Party may deny the benefits of this Chapter: [...] (c) to a service supplier, that is a juridical person, if it establishes that it is not a service supplier of another Party.

Notes :
          

Link to schedules :http://www.asean.fta.govt.nz/assets/Agreement-Establishing-the-ASEAN-Australia-New-Zealand-Free-Trade-Area.pdf
INVESTMENT
Scheduling Approach : Negative Lists

Definition of investment : Covers portfolio investment

Most Favoured Nation : Not Featured
                           
National Treatment : Binding
                           NT provision applies to entry and establishment rights
Fair and Equitable Treatment : Binding
                           Clarifying text on FET
Expropriation : Binding
                           Clarifying text
Board of Directors and executive personnel : Not Featured

Invester - State arbitration :

Denial of Benefits :
          Article 11 Denial of Benefits 1. Following notification, a Party may deny the benefits of this Chapter: (a) to an investor of another Party that is a juridical person of such other Party and to investments of that investor if an investor of a non-Party owns or controls the juridical person and the juridical person has no substantive business operations in the territory of the other Party; (b) to an investor of another Party that is a juridical person of such other Party and to investments of that investor if an investor of the denying Party owns or controls the juridical person and the juridical person has no substantive business operations in the territory of any Party, other than the denying Party.

Additional BIT exists between the parties :
          BIT list I : Australia - Indonesia BIT
                    Status: No data available
           BIT list II : Australia - Philippines BIT
                    Status: No data available
Notes :
          Chapter on investment does not apply to measures covered by chapters on Trade in Services and on Movement of Natural Person. Core investment protections disciplines, however, do apply to commercial presence (Article 3).

Link to schedules :http://www.asean.fta.govt.nz/assets/Agreement-Establishing-the-ASEAN-Australia-New-Zealand-Free-Trade-Area.pdf
TRADE FACILITATION
Customs procedures : Yes Chapter 4
Customs valuation : Yes Compliance with the WTO Agreement on Customs Valuation
Trade regulations publication and administration (transparency) : Yes Article 6, Chapter 1
E-Commerce / Paperless trade : Yes Electronic commerce Chapter 10
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : Yes specifically excluded in services (Article1, Chapter 8) and Investment (Article1, Chapter 11)
Investment : Yes Chapter 11
Competition Policy : Yes Chapter 4
Intellectual Property : Yes Chapter 13
Dispute Settlement : Yes Chapter 17
Labor Mobility : Yes Only movements of natural persons
Labor and Environmental Standards : No
Technical cooperation : Yes Chapter 12
Institutional mechanism : Yes Chapter 16
Notes:
Formal negotiations started in 2005 and are expected to be finished in two years
RULES OF ORIGIN
Cumulation
Regional; calculation in Article 5, Chapter 3
Specific Process
Product specific rules in Annex 2, Chapter 3
Heading Change
A change in tariff classification at the four-digit level of the HS Code in a Party.
De Minimis
Article 8, Chapter 3
Minimum Content
-
Drawback
-
Http Link
http://www.asean.fta.govt.nz/chapter-3-rules-of-origin/
Notes
Instead of change in tariff heading, for a good to be treated as an originating good, it must have a regional value content of not less than 40 per cent of FOB calculated using the formulae as described in Article 5 (Calculation of Regional Value Content), and the final process of production is performed within a Party.
AANZFTA
ASEAN - Australia - New Zealand FTA&EIA

Member Countries
Australia
Brunei
Cambodia
Indonesia
Lao PDR
Malaysia
New Zealand
Philippines
Singapore
Thailand
Viet Nam
Myanmar
Total: 12 countries

Agreement establishing an ASEAN-Australia-New Zealand Free Trade Area

Status : Signed in 2009 .  In force since 2010
Scope : Country - Bloc
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2010
Agreement text : 
http://www.asean.fta.govt.nz/

Other links : 
http://www.dfat.gov.au/trade/fta/asean/aanzfta/index.html#FullText

WTO consideration process : 
Factual presentation not distributed
GOODS
Tariffs
Progressive elimination of tariffs on goods for up to 99% tariff lines in pre-scheduled intervals from 2010 to 2020
Tariff schedules for agreed liberalization are given in Annex 1 of the Agreement.
Agriculture export subsidies are not allowed (Article 3 of Chapter 2). No safeguards for agricultural products are envisaged.
Rules of Origin
Regionally cumulative.
Contingency Measures
Anti - Dumping : n.a.
Countervailing Duties : n.a.
Safeguards : Covered by Chapter 7 of the Agreement.

Standards : Covered by Chapter 6 of the Agreement ; affirming rights and obligation in compliance with TBT Agreement. Sanitary and Phytosanitary measures are covered by Chapter 5 of the Agreement.

Notes:
The Agreement was ratified by Australia, Brunei Darussalam, Malaysia, Myanmar, New Zealand, Philippines, Singapore and Vietnam. Indonesia, Cambodia, Lao PDR and Thailand are expected to ratify the Agreement in 2010.

SERVICES
WTO Notification (GATS Art. V) : Notified
Date of notification : 8/04/2010
Consideration Process : Under Consideration

Liberalization Approach : Positive Lists

Modes Covered
Cross - Border Supply : Yes
 Consumption Abroad : Yes
 Commercial Presence Abroad : Yes
 Movement of Natural Persons : Yes

Specific Chapters on
Financial services : Yes
 Movement of natural persons : Yes
Specific Sectors Excluded
Air transport : Yes
Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Non-binding

National Treatment : Binding

Market Access : Binding

Domestic Regulation : Binding but subject to legitimate expectations (GATS-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
A Party may deny the benefits of this Chapter: (a) to the supply of any service, if it establishes that Article 21 A Party may deny the benefits of this Chapter: [...] (c) to a service supplier, that is a juridical person, if it establishes that it is not a service supplier of another Party.

Notes:

Link to schedules :http://www.asean.fta.govt.nz/assets/Agreement-Establishing-the-ASEAN-Australia-New-Zealand-Free-Trade-Area.pdf


INVESTMENT
Scheduling Approach : Negative Lists

Definition of investment : Covers portfolio investment

Most Favoured Nation : Not Featured

National Treatment : Binding

NT provision applies to entry and establishment rights : Yes

Fair and Equitable Treatment : Binding

Clarifying text on FET : Yes

Expropriation : Binding

Clarifying text : Yes

Board of Directors and executive personnel : Not Featured

Invester - State arbitration : Yes

Denial of Benefits :
Article 11 Denial of Benefits 1. Following notification, a Party may deny the benefits of this Chapter: (a) to an investor of another Party that is a juridical person of such other Party and to investments of that investor if an investor of a non-Party owns or controls the juridical person and the juridical person has no substantive business operations in the territory of the other Party; (b) to an investor of another Party that is a juridical person of such other Party and to investments of that investor if an investor of the denying Party owns or controls the juridical person and the juridical person has no substantive business operations in the territory of any Party, other than the denying Party.

Additional BIT exists between the parties :Yes

BIT list I : Australia - Indonesia BIT
Status: No data available
 BIT list II : Australia - Philippines BIT
Status: No data available

Notes :
Chapter on investment does not apply to measures covered by chapters on Trade in Services and on Movement of Natural Person. Core investment protections disciplines, however, do apply to commercial presence (Article 3).

Link to schedules :http://www.asean.fta.govt.nz/assets/Agreement-Establishing-the-ASEAN-Australia-New-Zealand-Free-Trade-Area.pdf


TRADE FACILITATION
Customs procedures : Yes Chapter 4
Customs valuation : Yes Compliance with the WTO Agreement on Customs Valuation
Trade regulations publication and administration : Yes Article 6, Chapter 1
Use of ICT : Yes Electronic commerce Chapter 10
Mobility of business people : No
Freedom of transit : No
Transport and logistics : No
Trade finance : No

OTHER AREAS
Government Procurement : Yes specifically excluded in services (Article1, Chapter 8) and Investment (Article1, Chapter 11)
Investment : Yes Chapter 11
Competition Policy : Yes Chapter 4
Intellectual Property : Yes Chapter 13
Dispute Settlement : Yes Chapter 17
Labor Mobility : Yes Only movements of natural persons
Labor and Environmental Standards : No
Technical cooperation : Yes Chapter 12
Institutional mechanism : Yes Chapter 16

Notes:
Formal negotiations started in 2005 and are expected to be finished in two years

RULES OF ORIGIN
Cumulation
Regional; calculation in Article 5, Chapter 3
Specific Process
Product specific rules in Annex 2, Chapter 3
Heading Change
A change in tariff classification at the four-digit level of the HS Code in a Party.
De Minimis
Article 8, Chapter 3
Minimum Content
-
Drawback
-
Http Link
http://www.asean.fta.govt.nz/chapter-3-rules-of-origin/

Notes
Instead of change in tariff heading, for a good to be treated as an originating good, it must have a regional value content of not less than 40 per cent of FOB calculated using the formulae as described in Article 5 (Calculation of Regional Value Content), and the final process of production is performed within a Party.
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