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AUSTRALIA-US
Australia-US FTA&EIA
Interactive trade indicators
Technical notes for performance indicators
Performance Indicators :
Select indicator...
Export Propensity
Export Shares
Export-import coverage
Import Dependence
Import Shares
Normalized Trade Balance
Trade Dependence
Trade Shares
Member Countries
Australia
United States
Australia-United States Free Trade Agreement
Status :
Signed in
2004
.
In force since 2005
Scope :
Bilateral
Type :
FTA & EIA
WTO Notification :
GATT Art XXIV, GATS Art V
2004
Agreement text :
http://www.dfat.gov.au/fta/ausfta/
Other links :
http://www.ustr.gov/trade-agreements/free-trade-agreements/australian-fta/final-text
WTO consideration process :
http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/WT/REG/184-3.doc
GOODS
Tariffs
Negative list
Tariffs scaled back, according to category, in up to 10 years. See annex 2A
Agriculture is covered in export subsidies (Art3.3), safeguard measures (Art 3.4), TRQ (Art 3.5), and review of dairy market access in 20 years(annex 2-B).
Rules of Origin
Change in tariff classification (2 to 6-digit level)
Value added 35 to 50% on FOB value
No specific manufacturing process necessary
Contingency Measures
Anti - Dumping :
Refers to members own law
Countervailing Duties :
Refers to members own law
Safeguards :
Allowed for up to 2 years
Standards :
Calls for cooperation and recognition of the other party's regulations as long as they claim 'same goals'
Notes:
Chapter III addresses Agriculture. Article 3.1 mentiones the parties' cooperation in the WTO and other multilateral negotiation fora. Article 3.7 covers some important definitions with respect to agriculture.
SERVICES
WTO Notification (GATS Art. V)
:
Notified
Date of notification 22/12/2004
Consideration Process : Factual Presentation issued
Liberalization Approach
:
Negative Lists
Modes Covered
Cross-border supply (Mode1)
Consumption abroad (Mode2)
Presence of natural persons (Mode4)
Specific Chapters on
Financial services
Professional services
Specific Sectors Excluded
Air transport
Public Sectors carve-out
:
GATS-like (Article I:3(b))
Most Favoured Nation
:
Binding
National Treatment
:
Binding
Market Access
:
Binding
Domestic Regulation
:
Non-binding (NAFTA-like)
Subsidies covered by services disciplines
:
Not covered
Denial of benefits for commercial presence
:
Notes
:
Link to schedules
:
INVESTMENT
Scheduling Approach
:
Negative Lists
Definition of investment
:
Covers portfolio investment
Most Favoured Nation
:
Binding
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
:
Binding
Invester - State arbitration
:
Denial of Benefits
:
ARTICLE 11.12: DENIAL OF BENEFITS 1. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such other Party and to investments of that investor if persons of a non-Party own or control the enterprise and the denying Party: (a) does not maintain diplomatic relations with the non-Party; or (b) adopts or maintains measures with respect to the non-Party or a person of the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or its investments. 2. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such other Party and to investments of that investor if the enterprise has no substantial business activities in the territory of the other Party and persons of a non-Party, or of the denying Party, own or control the enterprise.
Additional BIT exists between the parties
:
BIT list I :
Status:
BIT list II :
Status:
Notes
:
Link to schedules
:
TRADE FACILITATION
Customs procedures :
Yes
Article 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10 and 6.11 of the Agreement
Customs valuation :
No
Trade regulations publication and administration (transparency) :
Yes
Article 61 and 6.5 of the Agreement
E-Commerce / Paperless trade :
No
Cooperation in trade facilitation :
No
OTHER AREAS
Government Procurement :
Yes
Investment :
Yes
Competition Policy :
Yes
Intellectual Property :
Yes
Substantive and procedural obligations. Very broad coverage. See more in Chapter 17 of the Agreement.
Dispute Settlement :
Yes
Labor Mobility :
No
Labor and Environmental Standards :
Yes
Chapter 18 on labor standards. Article 19 on Environmnet. Article 19.2 on enforcement of environmental laws, Art.19. 6 on environmenatl cooperation refering to Joint Statement on Environmental Cooperation. Commitment to sharing information and experience about enironmnetal efefcts of trade agreements.
Technical cooperation :
No
Institutional mechanism :
No
Notes:
RULES OF ORIGIN
Cumulation
Bilateral
Specific Process
Last manufacturing process
Heading Change
Heading Change at the 2,4 or 6-digit level
De Minimis
10%
Minimum Content
Drawback
Http Link
Notes
AUSTRALIA-US
Australia-US FTA&EIA
Member Countries
Australia
United States
Total: 2 countries
Australia-United States Free Trade Agreement
Status :
Signed in
2004
.
In force since
2005
Scope :
Bilateral
Type :
FTA & EIA
WTO Notification :
GATT Art XXIV, GATS Art V
2004
Agreement text :
http://www.dfat.gov.au/fta/ausfta/
Other links :
http://www.ustr.gov/trade-agreements/free-trade-agreements/australian-fta/final-text
WTO consideration process :
http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/WT/REG/184-3.doc
GOODS
Tariffs
Negative list
Tariffs scaled back, according to category, in up to 10 years. See annex 2A
Agriculture is covered in export subsidies (Art3.3), safeguard measures (Art 3.4), TRQ (Art 3.5), and review of dairy market access in 20 years(annex 2-B).
Rules of Origin
Change in tariff classification (2 to 6-digit level)
Value added 35 to 50% on FOB value
No specific manufacturing process necessary
Contingency Measures
Anti - Dumping :
Refers to members own law
Countervailing Duties :
Refers to members own law
Safeguards :
Allowed for up to 2 years
Standards :
Calls for cooperation and recognition of the other party's regulations as long as they claim 'same goals'
Notes:
Chapter III addresses Agriculture. Article 3.1 mentiones the parties' cooperation in the WTO and other multilateral negotiation fora. Article 3.7 covers some important definitions with respect to agriculture.
SERVICES
WTO Notification (GATS Art. V)
:
Notified
Date of notification : 22/12/2004
Consideration Process : Factual Presentation issued
Liberalization Approach
:
Negative Lists
Modes Covered
Cross - Border Supply :
Yes
Consumption Abroad :
Yes
Movement of Natural Persons :
Yes
Specific Chapters on
Financial services :
Yes
Professional services :
Yes
Specific Sectors Excluded
Air transport :
Yes
Public Sectors carve-out
:
GATS-like (Article I:3(b))
Most Favoured Nation
:
Binding
National Treatment
:
Binding
Market Access
:
Binding
Domestic Regulation
:
Non-binding (NAFTA-like)
Subsidies covered by services disciplines
:
Not covered
Denial of benefits for commercial presence
:
Notes:
Link to schedules
:
INVESTMENT
Scheduling Approach
:
Negative Lists
Definition of investment
:
Covers portfolio investment
Most Favoured Nation
:
Binding
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
:
Binding
Invester - State arbitration
:
Yes
Denial of Benefits
:
ARTICLE 11.12: DENIAL OF BENEFITS 1. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such other Party and to investments of that investor if persons of a non-Party own or control the enterprise and the denying Party: (a) does not maintain diplomatic relations with the non-Party; or (b) adopts or maintains measures with respect to the non-Party or a person of the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or its investments. 2. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such other Party and to investments of that investor if the enterprise has no substantial business activities in the territory of the other Party and persons of a non-Party, or of the denying Party, own or control the enterprise.
Additional BIT exists between the parties
:
No
BIT list I :
Status:
BIT list II :
Status:
Notes
:
Link to schedules
:
TRADE FACILITATION
Customs procedures :
Yes
Article 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10 and 6.11 of the Agreement
Customs valuation :
No
Trade regulations publication and administration :
Yes
Article 61 and 6.5 of the Agreement
Use of ICT :
No
Mobility of business people :
No
Freedom of transit :
No
Transport and logistics :
No
Trade finance :
No
OTHER AREAS
Government Procurement :
Yes
Investment :
Yes
Competition Policy :
Yes
Intellectual Property :
Yes
Substantive and procedural obligations. Very broad coverage. See more in Chapter 17 of the Agreement.
Dispute Settlement :
Yes
Labor Mobility :
No
Labor and Environmental Standards :
Yes
Chapter 18 on labor standards. Article 19 on Environmnet. Article 19.2 on enforcement of environmental laws, Art.19. 6 on environmenatl cooperation refering to Joint Statement on Environmental Cooperation. Commitment to sharing information and experience about enironmnetal efefcts of trade agreements.
Technical cooperation :
No
Institutional mechanism :
No
Notes:
RULES OF ORIGIN
Cumulation
Bilateral
Specific Process
Last manufacturing process
Heading Change
Heading Change at the 2,4 or 6-digit level
De Minimis
10%
Minimum Content
Drawback
Http Link
Notes
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