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JAPAN-BRUNEI
Japan-Brunei Darussalam FTA&EIA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

Brunei Japan

Agreement between Japan and Brunei Darussalam for an Economic Partnership
Status : Signed in 2007 .  In force since 2008
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2008
Agreement text : 
http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/agreement.pdf
Other links : 
http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/index.html
WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG244/1%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive list, see Annex 1
http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/annex1.pdf
Rules of Origin
Chapter 3 of the agreement
Product specific rules at http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/annex2.pdf
Contingency Measures
   Anti - Dumping : Permitted, subject to WTO and GATT commitments, see Art 13, Sec ii
   Countervailing Duties : Permitted, subject to WTO and GATT commitments, see Art 13, Sec ii
   Safeguards : Permitted, subject to WTO and GATT commitments, see Art 21, 22

Standards : 
Notes:
SERVICES
WTO Notification (GATS Art. V) : Notified
       Date of notification 31/07/2008
       Consideration Process : Factual Presentation issued
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

Specific Sectors Excluded
Air transport
Other
              This Chapter does not apply to Cabotage in maritime transport services.
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 :
          Article 86. Denial of Benefits 1.A Party may deny the benefits of this Chapter to a service supplier of the other Party, where the denying Party establishes that the service is being supplied by a juridical person that is owned or controlled by persons of a non-Party, and that 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 prohibit transactions with the juridical person or that would be violated or circumvented if the benefits or this Chapter were accorded to the juridical person. 2.Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to a service supplier of the other Party, where the denying Party establishes that the service is being supplied by a juridical person that is owned or controlled by persons of a non-Party and that has no substantive business operations in the Area of the other Party.

Notes :
          

Link to schedules :
INVESTMENT
Scheduling Approach : Negative Lists

Definition of investment : Covers portfolio investment

Most Favoured Nation : Binding
                           
National Treatment : Binding
                           
Fair and Equitable Treatment : Binding
                           
Expropriation : Binding
                           
Board of Directors and executive personnel : Not Featured

Invester - State arbitration :

Denial of Benefits :
          Article 70. 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 its investments, where the denying Party establishes that the enterprise is owned or controlled by an investor of a non-Party 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 prohibit transactions with the enterprise or that would be violated or circumvented if the benefits or this Chapter were accorded to the enterprise or to its investments. 2.Subject to prior notification and consultation, 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 its investments, where the denying Party establishes that the enterprise is owned or controlled by an investor of a non-Party and the enterprise has no substantive business activities in the Area of the other Party.

Additional BIT exists between the parties :
          BIT list I :
                    Status:
          BIT list II :
                    Status:

Notes :
          According to Article 67.6, a disputing investor may not submit to conciliation or arbitration referred to in paragraph 4an investment dispute with respect to the establishment, acquisition or expansion of its investments.

Link to schedules :
TRADE FACILITATION
Customs procedures : Yes Chapter 4
Customs valuation : Yes Art 17
Trade regulations publication and administration (transparency) : No
E-Commerce / Paperless trade : No
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : Yes Article 98
Investment : Yes Chapter 5
Competition Policy : No
Intellectual Property : Yes Article 97
Dispute Settlement : Yes Chapter 10
Labor Mobility : No
Labor and Environmental Standards : Yes Environmental consideration in Preamble, Chapter 5 (Investment), Chapter 7 (Energy), Chapter 9 (Cooperation)
Technical cooperation : No
Institutional mechanism : No
Notes:
RULES OF ORIGIN
Cumulation
Bilateral, see Art 25
Specific Process
Heading Change
De Minimis
Art 26
Minimum Content
See Art 24.4
Drawback
Http Link
http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/annex2.pdf
Notes
Minimum data requirements on certificates of origin http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/annex3.pdf
JAPAN-BRUNEI
Japan-Brunei Darussalam FTA&EIA

Member Countries
Brunei
Japan
Total: 2 countries

Agreement between Japan and Brunei Darussalam for an Economic Partnership

Status : Signed in 2007 .  In force since 2008
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2008
Agreement text : 
http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/agreement.pdf

Other links : 
http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/index.html

WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG244/1%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive list, see Annex 1
http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/annex1.pdf

Rules of Origin
Chapter 3 of the agreement
Product specific rules at http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/annex2.pdf

Contingency Measures
Anti - Dumping : Permitted, subject to WTO and GATT commitments, see Art 13, Sec ii
Countervailing Duties : Permitted, subject to WTO and GATT commitments, see Art 13, Sec ii
Safeguards : Permitted, subject to WTO and GATT commitments, see Art 21, 22

Standards : 

Notes:


SERVICES
WTO Notification (GATS Art. V) : Notified
Date of notification : 31/07/2008
Consideration Process : Factual Presentation issued

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
Specific Sectors Excluded
Air transport : Yes
Other : Yes
This Chapter does not apply to Cabotage in maritime transport services.
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 :
Article 86. Denial of Benefits 1.A Party may deny the benefits of this Chapter to a service supplier of the other Party, where the denying Party establishes that the service is being supplied by a juridical person that is owned or controlled by persons of a non-Party, and that 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 prohibit transactions with the juridical person or that would be violated or circumvented if the benefits or this Chapter were accorded to the juridical person. 2.Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to a service supplier of the other Party, where the denying Party establishes that the service is being supplied by a juridical person that is owned or controlled by persons of a non-Party and that has no substantive business operations in the Area of the other Party.

Notes:

Link to schedules :

INVESTMENT
Scheduling Approach : Negative Lists

Definition of investment : Covers portfolio investment

Most Favoured Nation : Binding

National Treatment : Binding


Fair and Equitable Treatment : Binding


Expropriation : Binding


Board of Directors and executive personnel : Not Featured

Invester - State arbitration : Yes

Denial of Benefits :
Article 70. 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 its investments, where the denying Party establishes that the enterprise is owned or controlled by an investor of a non-Party 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 prohibit transactions with the enterprise or that would be violated or circumvented if the benefits or this Chapter were accorded to the enterprise or to its investments. 2.Subject to prior notification and consultation, 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 its investments, where the denying Party establishes that the enterprise is owned or controlled by an investor of a non-Party and the enterprise has no substantive business activities in the Area of the other Party.

Additional BIT exists between the parties :No

BIT list I :
Status:
BIT list II :
Status:

Notes :
According to Article 67.6, a disputing investor may not submit to conciliation or arbitration referred to in paragraph 4an investment dispute with respect to the establishment, acquisition or expansion of its investments.

Link to schedules :

TRADE FACILITATION
Customs procedures : Yes Chapter 4
Customs valuation : Yes Art 17
Trade regulations publication and administration : No
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 Article 98
Investment : Yes Chapter 5
Competition Policy : No
Intellectual Property : Yes Article 97
Dispute Settlement : Yes Chapter 10
Labor Mobility : No
Labor and Environmental Standards : Yes Environmental consideration in Preamble, Chapter 5 (Investment), Chapter 7 (Energy), Chapter 9 (Cooperation)
Technical cooperation : No
Institutional mechanism : No

Notes:


RULES OF ORIGIN
Cumulation
Bilateral, see Art 25
Specific Process

Heading Change

De Minimis
Art 26
Minimum Content
See Art 24.4
Drawback

Http Link
http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/annex2.pdf

Notes
Minimum data requirements on certificates of origin http://www.mofa.go.jp/region/asia-paci/brunei/epa0706/annex3.pdf
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