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INDIA-MALAYSIA
India-Malaysia FTA&EIA
Interactive trade indicators
Technical notes for performance indicators
Performance Indicators :
No indicator available
Member Countries
India
Malaysia
Comprehensive Economic Cooperation Agreement between the Government of the Republic of India and the Government of Malaysia
Status :
Signed in
2011
.
In force since 2011
Scope :
Bilateral
Type :
FTA & EIA
WTO Notification :
Enabling clause, GATS Art V
2011
Agreement text :
http://www.commerce.nic.in/trade/IMCECA/title.pdf
Other links :
WTO consideration process :
Factual presentation not distributed
GOODS
Tariffs
Malaysia eliminates tariffs inmediately, in 2, 3 5 or 10 years. Partial reductions of tariffs and TRQs.
India eliminates tariffs inmediately, in 2 or 5 years.
Rules of Origin
Product Specific Rules
Contingency Measures
Anti - Dumping :
Article VI of GATT and Antidumping Agreement. WTO plus (lesser duty rule and prohibition of zeroing)
Countervailing Duties :
Article VI of GATT and Agreement on Subsidies and Countervailing Measures
Safeguards :
Article XIX of GATT and Safeguards Agreement. Transitional Bilateral Safeguard Measure
Standards :
WTO Plus (TBT, SPS)
Notes:
SERVICES
WTO Notification (GATS Art. V)
:
Notified
Date of notification 06/09/2011
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
Telecommunications
Movement of natural persons
Specific Sectors Excluded
Air transport
Cabotage in maritime transport
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
:
Covered
Denial of benefits for commercial presence
:
1.a Party may deny the benefits of this Chapter: (a) to the supply of a service, if it establishes that the service is supplied from or in the territory of a country that is not a Party to this Agreement; (b) in the case of maritime transport service, if it establishes that the service is supplied: (i) by a vessel registered under the laws of a non-Party; and (ii) by a person which operates the vessel in whole or in part but which is of a non-Party; (c) to the supply of a service from or in the territory of the other Party, if the Party establishes that the service is supplied by a service supplier that is owned or controlled by a person of a non-Party and the denying Party: (i) does not maintain diplomatic relations with the non-Party; or (ii) adopts or maintains measures with respect to the non-Party that prohibit transactions..
Notes
:
Link to schedules
:
http://www.commerce.nic.in/trade/IMCECA/title.pdf
INVESTMENT
Scheduling Approach
:
Positive 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
Expropriation
:
Binding
Board of Directors and executive personnel
:
Not Featured
Invester - State arbitration
:
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 the other Party and to an investment of such investor if investor 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 that prohibits transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to its investments. 2. a Party may also deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the other Party when (a) the enterprise has no substantial business activities in the territory of the other Party; or (b) the enterprise is owned or controlled by investors of a non-Party or of the denying Party
Additional BIT exists between the parties
:
BIT list I :
Status:
BIT list II :
Status:
Notes
:
Link to schedules
:
http://www.commerce.nic.in/trade/IMCECA/title.pdf
TRADE FACILITATION
Customs procedures :
Yes
Chapter 4
Customs valuation :
Yes
Article 2.6
Trade regulations publication and administration (transparency) :
Yes
Article 4.4
E-Commerce / Paperless trade :
No
Cooperation in trade facilitation :
No
OTHER AREAS
Government Procurement :
No
Investment :
Yes
Chapter 10
Competition Policy :
No
Intellectual Property :
No
Dispute Settlement :
Yes
Chapter 14
Labor Mobility :
No
Labor and Environmental Standards :
No
Technical cooperation :
Yes
Chapter 11
Institutional mechanism :
Yes
Chapter a15
Notes:
RULES OF ORIGIN
Cumulation
Bilateral
Specific Process
Heading Change
Chapter, Heading and Subheading
De Minimis
10% except for Chapters 1-14 and 50-63. 8% for Chapters 50-63
Minimum Content
35% or 40%
Drawback
No
Http Link
http://www.commerce.nic.in/trade/IMCECA/title.pdf
Notes
INDIA-MALAYSIA
India-Malaysia FTA&EIA
Member Countries
India
Malaysia
Total: 2 countries
Comprehensive Economic Cooperation Agreement between the Government of the Republic of India and the Government of Malaysia
Status :
Signed in
2011
.
In force since
2011
Scope :
Bilateral
Type :
FTA & EIA
WTO Notification :
Enabling clause, GATS Art V
2011
Agreement text :
http://www.commerce.nic.in/trade/IMCECA/title.pdf
Other links :
WTO consideration process :
Factual presentation not distributed
GOODS
Tariffs
Malaysia eliminates tariffs inmediately, in 2, 3 5 or 10 years. Partial reductions of tariffs and TRQs.
India eliminates tariffs inmediately, in 2 or 5 years.
Rules of Origin
Product Specific Rules
Contingency Measures
Anti - Dumping :
Article VI of GATT and Antidumping Agreement. WTO plus (lesser duty rule and prohibition of zeroing)
Countervailing Duties :
Article VI of GATT and Agreement on Subsidies and Countervailing Measures
Safeguards :
Article XIX of GATT and Safeguards Agreement. Transitional Bilateral Safeguard Measure
Standards :
WTO Plus (TBT, SPS)
Notes:
SERVICES
WTO Notification (GATS Art. V)
:
Notified
Date of notification : 06/09/2011
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
Telecommunications :
Yes
Movement of natural persons :
Yes
Specific Sectors Excluded
Air transport :
Yes
Cabotage in maritime transport :
Yes
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
:
Covered
Denial of benefits for commercial presence
:
1.a Party may deny the benefits of this Chapter: (a) to the supply of a service, if it establishes that the service is supplied from or in the territory of a country that is not a Party to this Agreement; (b) in the case of maritime transport service, if it establishes that the service is supplied: (i) by a vessel registered under the laws of a non-Party; and (ii) by a person which operates the vessel in whole or in part but which is of a non-Party; (c) to the supply of a service from or in the territory of the other Party, if the Party establishes that the service is supplied by a service supplier that is owned or controlled by a person of a non-Party and the denying Party: (i) does not maintain diplomatic relations with the non-Party; or (ii) adopts or maintains measures with respect to the non-Party that prohibit transactions..
Notes:
Link to schedules
:
http://www.commerce.nic.in/trade/IMCECA/title.pdf
INVESTMENT
Scheduling Approach
:
Positive 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
Expropriation
:
Binding
Board of Directors and executive personnel
:
Not Featured
Invester - State arbitration
:
Yes
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 the other Party and to an investment of such investor if investor 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 that prohibits transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to its investments. 2. a Party may also deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the other Party when (a) the enterprise has no substantial business activities in the territory of the other Party; or (b) the enterprise is owned or controlled by investors of a non-Party or of the denying Party
Additional BIT exists between the parties
:
No
BIT list I :
Status:
BIT list II :
Status:
Notes
:
Link to schedules
:
http://www.commerce.nic.in/trade/IMCECA/title.pdf
TRADE FACILITATION
Customs procedures :
Yes
Chapter 4
Customs valuation :
Yes
Article 2.6
Trade regulations publication and administration :
Yes
Article 4.4
Use of ICT :
No
Mobility of business people :
No
Freedom of transit :
No
Transport and logistics :
No
Trade finance :
No
OTHER AREAS
Government Procurement :
No
Investment :
Yes
Chapter 10
Competition Policy :
No
Intellectual Property :
No
Dispute Settlement :
Yes
Chapter 14
Labor Mobility :
No
Labor and Environmental Standards :
No
Technical cooperation :
Yes
Chapter 11
Institutional mechanism :
Yes
Chapter a15
Notes:
RULES OF ORIGIN
Cumulation
Bilateral
Specific Process
Heading Change
Chapter, Heading and Subheading
De Minimis
10% except for Chapters 1-14 and 50-63. 8% for Chapters 50-63
Minimum Content
35% or 40%
Drawback
No
Http Link
http://www.commerce.nic.in/trade/IMCECA/title.pdf
Notes
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