| ANZCERTA |
| Australia - New Zealand FTA&EIA |
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| GOODS |
| Tariffs |
Negative list; tariff elimination by 1990
Tariff reduction through negotiation
Agriculture is covered by Article 10 (Agricultural stabilization and support) and by Annex E. |
| Rules of Origin |
New Rules of Origin enter ed into effect on 1 January 2007.
The new rules are largely based on satisfying a ‘change in tariff classification’, or CTC, rather than the previous 50 percent ‘regional value content’ threshold.
Under the agreement exporters will have the option of using the old rules based on value content until 2012. |
| Contingency Measures |
| Anti - Dumping : Not Allowed |
| Countervailing Duties : Not allowed unless under GATT conditions or CER Art 16 |
| Safeguards : Last resort. Only in the transition period |
Standards : Calls for harmonization |
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| SERVICES |
WTO Notification (GATS Art. V) : Notified
Date of notification 22/11/1995
Consideration Process : Under Consideration
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Liberalization Approach : Negative 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
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Specific Sectors Excluded
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Public Sectors carve-out : Other
No explicit public sectors carve-out
Most Favoured Nation : Binding
National Treatment : Binding
Market Access : Not featured
Domestic Regulation : Not featured
Subsidies covered by services disciplines : Not covered
Denial of benefits for commercial presence :
Article 14. Denial of Benefits.
[...] a Member State may deny the benefits of this Protocol to persons of the other Member State providing a service if the Member State establishes that the service is indirectly provided by a person, not being a person of either Member State.
Notes :
Trade in services governed by the Protocol on Trade in Services to ANZCERTA, of 18 August 1988 (http://www.dfat.gov.au/geo/new_zealand/anz_cer/215.pdf)
No defitinition of modes of supply. Protocol applies to "any measure [...] that relates to or affects the provision of a service by or on behalf of a person of the other Member State within or into the territory of the first Member State".
The Protocol does not apply to taxation measures (Article )
Link to schedules :
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| INVESTMENT |
Scheduling Approach : Negative Lists
Definition of investment :
Most Favoured Nation :
National Treatment :
Fair and Equitable Treatment :
Expropriation :
Board of Directors and executive personnel :
Invester - State arbitration : 
Denial of Benefits :
Additional BIT exists between the parties :
BIT list I :
Status:
BIT list II :
Status:
Notes :
The Protocol applies subject to the foreign investment policies of the Parties. Provision of a service includes rights of establishment. Each Party must accord to persons of the other Party the right to select their preferred form of commercial presence, in accordance with applicable laws/regulations. Article 8 (see above) also applies to measures requiring commercial presence as a condition for the supply of a service.
Link to schedules :
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| TRADE FACILITATION |
| Customs procedures : Yes Article 21 of the Agreement see http://www.dfat.gov.au/geo/new_zealand/anz_cer/131.pdf |
| Customs valuation : Yes UNDERSTANDING OF HARMONISATION OF CUSTOMS POLICIES AND PROCEDURES |
| Trade regulations publication and administration (transparency) : Yes Article 13 of the Agreement |
| E-Commerce / Paperless trade : No |
| Cooperation in trade facilitation : No |
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| OTHER AREAS |
| Government Procurement : Yes http://www.dfat.gov.au/geo/new_zealand/anz_cer/anzcerta_1991_npa.pdf |
| Investment : No |
| Competition Policy : Yes Article 12 of services part and covered through separate laws. See The Memorandum of Understanding Between the Government of New Zealand and the Government of Australia on Coordination of Business Law signed in 2006 |
| Intellectual Property : No |
| Dispute Settlement : Yes Article 19 -The Parties, at the written request of either, must promptly enter into consultations with a view to seeking an early, equitable and mutually satisfactory solution ...
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| Labor Mobility : No |
| Labor and Environmental Standards : Yes Trans-Tasman Mutual Recognition Arrangement deals with labour issues. There are no environmental policy provisions.
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| Technical cooperation : No |
| Institutional mechanism : Yes Article 22 speaks of consultation and review process. |
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Notes:
Single econmic market work programme |
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