| ACFTA |
| ASEAN - China FTA&EIA |
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| GOODS |
| Tariffs |
Tariff reduction or elimination programme under this Agreement shall include all tariff lines not covered by the Early Harvest Programme under Article 6 of the Framework Agreement (see ASEAN-China FA)
Normal track (details in Annex 1) and Sensitive track (details in Annex 2)
Tariff reduction and elimination undertaken by each party (subject to Annex 1 and Annex 2) shall be applied to all other parties.) |
| Rules of Origin |
Article 5 or the FTA and Annex 3. Rules of origin applicable to the products covered under the FTA and the Early Harvest Programme of the Framework Agreement.
Agreement uses the ASEAN rules of origin.
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| Contingency Measures |
| Anti - Dumping : The provisions of the WTO Multilateral Agreements on Trade in Goods, which are not specifically mentioned in or modified by the FTA, shall apply mutatis mutandis to the FTA unless the context otherwise requires. |
| Countervailing Duties : Article 7 on Subsidies and state aid |
| Safeguards : Article 9 and Article 11 on safeguard the balance of payments. Article 9 refers to parties, members of WTO, retaining their rights and obligations under Art. XIX of the GATT 1994 and the WTO Agreement on Safeguards. |
Standards : Article 7 |
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Notes:
Put into full implementation for ASEAN6 and China on 1 January 2010. Early harvest was put into force in 2005. Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement signed 8 Dec 2006; see http://www.aseansec.org/19219.htm
This agreement is negotiated under the broad Framework Agreement http://www.aseansec.org/13196.htm
The Framework agreement signed in 2002 was put into force in 2003 and notified in 2004 under Enabling Clause. |
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| SERVICES |
WTO Notification (GATS Art. V) : Notified
Date of notification 26/6/2008
Consideration Process : Not Considered
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Liberalization Approach : Positive Lists
Modes Covered
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  Cross-border supply (Mode1)
Consumption abroad (Mode2)
Commercial presence (Mode3)
Presence of natural persons (Mode4)
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Specific Chapters on
Financial services
Movement of natural persons
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Specific Sectors Excluded
Air transport
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Public Sectors carve-out : GATS-like (Article I:3(b))
Most Favoured Nation : Not featured
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 :
Article 31 A Party my deny the benefits of this Agreements: (c) to a service supplier that is a juridical person, if it establishes that it is not a services supplier of another Party.
Notes :
Trade in services governed by the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Co-operation between ASEAN and China of 2007. The agreement expressly incorporates GATS Annexes on Movement of Natural Persons; Air Transport; Financial servies; and Telecomms.
Link to schedules :
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| INVESTMENT |
Scheduling Approach :
Definition of investment : Covers portfolio investment
Most Favoured Nation : Binding
Economic integration exception to MFN
National Treatment : Binding
Fair and Equitable Treatment : Binding
Expropriation : Binding
Board of Directors and executive personnel : Not Featured
Invester - State arbitration :
Denial of Benefits :
Investor-State arbitration limited to post-establishment phase.
Additional BIT exists between the parties :
BIT list I :
Status:
BIT list II :
Status:
Notes :
No lists of reservation of specific commitments. National Treatment and MFN do not apply to any existing non-conforming measure.
Link to schedules :
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| TRADE FACILITATION |
| Customs procedures : No |
| Customs valuation : No |
| Trade regulations publication and administration (transparency) : Yes Article 4 |
| E-Commerce / Paperless trade : No |
| Cooperation in trade facilitation : No |
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| OTHER AREAS |
| Government Procurement : No |
| Investment : No |
| Competition Policy : No |
| Intellectual Property : Yes Article 7 - commitment to abide by WTO rules |
| Dispute Settlement : Yes Article 21 says that the Agreement on Dispute settlement Mechanism between ASEAN and China shall apply to the FTA.
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| Labor Mobility : No |
| Labor and Environmental Standards : No
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| Technical cooperation : No |
| Institutional mechanism : Yes Articles 16 and 17 |
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