| JAPAN-INDONESIA |
| Japan-Indonesia EPA |
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| GOODS |
| Tariffs |
Positive list http://www.mofa.go.jp/region/asia-paci/indonesia/epa0708/annex1.pdf. Goods under X are excluded from any commitments.
Immediate tariff elimination for goods under category "A". For "B" goods categories , tariff elimination spread over 4 to 16 annual installments
For other goods categories (P, Q, R) tariff elimination postponed. |
| Rules of Origin |
Laid out in Chapter 3 of the Agreement text.
Product specific rules http://www.mofa.go.jp/region/asia-paci/indonesia/epa0708/annex2.pdf
Minimum data requirements http://www.mofa.go.jp/region/asia-paci/indonesia/epa0708/annex3.pdf |
| Contingency Measures |
| Anti - Dumping : |
| Countervailing Duties : |
| Safeguards : Bilatreal safeguards - Article 24. Restriction on the safeguards for balance of payments purposes in Article 25 |
Standards : |
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Notes:
Non-tariff measures provisions in Article 23. No export subsidies on agricultural products covered by Annex 1 of the Agreement on Agriculture. |
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| SERVICES |
WTO Notification (GATS Art. V) : Notified
Date of notification 27/01/2008
Consideration Process : Factual Presentation issued
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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 : 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 90 Denial of Benefits 1. A Party may deny the benefits of this Chapter to a service supplier of the other Party that is a juridical person of the other Party, where the denying Party establishes that the Juridical person is owned or controlled by persons of a non-Party, and the denying Party: (a) does not maintain diplomatic relations with the non-Party; or (b)adopts or maintain measures with respect to the non-Party that prohibit transactions with the juridical person or that would be violated or circumvented if the benefits of this Chapter were accorded to the juridical person.
Notes :
Link to schedules :
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| 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
Expropriation : Binding
Board of Directors and executive personnel : Not Featured
Invester - State arbitration :
Denial of Benefits :
Article 72 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 of 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 substantial business activities in the Area of the other Party.
Additional BIT exists between the parties :
BIT list I :
Status:
BIT list II :
Status:
Notes :
Link to schedules :
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| TRADE FACILITATION |
| Customs procedures : Yes Chapter 4 of the Agreement |
| Customs valuation : Yes Article 21- reference to WTO agreement |
| Trade regulations publication and administration (transparency) : Yes Chapter 4 of the Agreement |
| E-Commerce / Paperless trade : No |
| Cooperation in trade facilitation : No |
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| OTHER AREAS |
| Government Procurement : Yes Chapter 10 of teh Agreement text - at the lecvel of exchange of information |
| Investment : Yes Chapter 5 of the Agreeement text. Reservationas are set out in Annex 4 http://www.mofa.go.jp/region/asia-paci/indonesia/epa0708/annex4.pdf. Additional provisions on energy and mineral resources related investment http://www.mofa.go.jp/region/asia-paci/indonesia/epa0708/annex12.pdf. Also additional provision on settlement on investment disputes http://www.mofa.go.jp/region/asia-paci/indonesia/epa0708/annex6.pdf |
| Competition Policy : Yes Chapter 11 of the Agreement text and Chapter 12 on the improvement of business environment |
| Intellectual Property : Yes Chapter 9 of the Agreement text |
| Dispute Settlement : Yes Chapter 14 of the Agreement text
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| Labor Mobility : Yes http://www.mofa.go.jp/region/asia-paci/indonesia/epa0708/annex10.pdf |
| Labor and Environmental Standards : No
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| Technical cooperation : Yes Chapter 13 of the Agreement text |
| Institutional mechanism : No Joint Committee and sub-committees to oversee implementation of the Agreement- Articles 13-16, Chapter 1 |
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Notes:
Negotiations started once the joint feasibility study report was issued in May 2005. EPA signed in 2007 and exchange of diplomtic notes to mark the cooperation under EPA in June 2008. 1 July 2008 is earmarked as a date from which this EPA is to be effective. There is a separate chapter on energy and natural resources (Ch 8). |
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| RULES OF ORIGIN |
Cumulation
Article 30 |
Specific Process
http://www.mofa.go.jp/region/asia-paci/indonesia/epa0708/annex2.pdf |
Heading Change
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De Minimis
Article 31 |
Minimum Content
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Drawback
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Http Link
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Notes
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