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JAPAN-MALAYSIA
Japan-Malaysia 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
Japan
Malaysia
Agreement between the Government of Japan and the Government of Malaysia for an Economic Partnership
Status :
Signed in
2005
.
In force since 2006
Scope :
Bilateral
Type :
FTA & EIA
WTO Notification :
GATT Art XXIV, GATS Art V
2006
Agreement text :
http://www.mofa.go.jp/region/asia-paci/malaysia/epa/content.pdf
Other links :
http://www.mofa.go.jp/policy/economy/fta/malaysia.html
WTO consideration process :
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG216/2%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive list
Tariff elimination schedule varies for every product group, maximum 10 years.
There is an Early Harvest Schedule
Rules of Origin
Chapter 3
Contingency Measures
Anti - Dumping :
Countervailing Duties :
Safeguards :
Article 24
Standards :
Notes:
SERVICES
WTO Notification (GATS Art. V)
:
Notified
Date of notification 12/07/2006
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
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 109 Denial of Benefits A Country may deny the benefits of this Chapter to a service supplier of the other Country where the Country establishes that the service is being supplied by a juridical person that is owned or controlled by persons of a third State, and that denying Country: (a)does not maintain diplomatic relations with the third State; or (b)adopts or maintains measures with respect to the third State 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
:
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 91 Denial of Benefits 1. A Country may deny the benefits of this Chapter to an investor of the other Country that is an enterprise of the other Country and to an investment of such investor if investors of a third State own or control the enterprise, and the denying Country. (a) does not maintain diplomatic relations with the third State; or (b) adopts or maintains measures with respect to the third State 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 Country may deny the benefits of this Chapter to an investor of the other Country that is an enterprise of the investors of a third State own or control the enterprise and the enterprise has no substantial business activities in the Country under whose law it is constituted or organized.
Additional BIT exists between the parties
:
BIT list I :
Status:
BIT list II :
Status:
Notes
:
Article 75.2 National Treatment does not apply to the establishment, acquisition and expansion of portfolio investments. Article 85.17 Investor-State arbitration does not apply to any dispute arising between a Country and an investor of the other Country on any right or privileges conferred or created by Articles 75(National Treatment) and 79(Prohibition of Performance Requirements).
Link to schedules
:
TRADE FACILITATION
Customs procedures :
Yes
Chapter 4, Article 51, 52, 54, 57 and 58 of the Agreement
Customs valuation :
Yes
Chapter 4, Article 51 and 52 of the Agreement
Trade regulations publication and administration (transparency) :
Yes
Article 53 and 56 of the Agreement
E-Commerce / Paperless trade :
Yes
Article 54 of the Agreement
Cooperation in trade facilitation :
No
OTHER AREAS
Government Procurement :
No
Investment :
Yes
Asset based-open list: includes FDI, portfolio investment and various forms of tangible and intangible property.
Competition Policy :
Yes
Intellectual Property :
Yes
Substantive obligations and cooperation. Broad coverage. See more in Art.7 of the Agreement.
Dispute Settlement :
Yes
Ad-hoc arbitration. Parties can block panels.
Labor Mobility :
No
Labor and Environmental Standards :
Yes
Chapter 12 refers to cooperation on labour provisions. Articles 139 and 140 on fields of cooperation refers to environment. Article 90 refers to parties being discouraged to use environmental measures to atrtract investment.
Technical cooperation :
No
Institutional mechanism :
No
Notes:
Negotiations are expected to end by mid 2005. 8 rounds of negotiation have taken place so far.
RULES OF ORIGIN
Cumulation
Bilateral, see Art 28, 29
Specific Process
Heading Change
see Annex 2
De Minimis
Art 30
Minimum Content
Drawback
Http Link
Notes
See Ch 3
JAPAN-MALAYSIA
Japan-Malaysia FTA&EIA
Member Countries
Japan
Malaysia
Total: 2 countries
Agreement between the Government of Japan and the Government of Malaysia for an Economic Partnership
Status :
Signed in
2005
.
In force since
2006
Scope :
Bilateral
Type :
FTA & EIA
WTO Notification :
GATT Art XXIV, GATS Art V
2006
Agreement text :
http://www.mofa.go.jp/region/asia-paci/malaysia/epa/content.pdf
Other links :
http://www.mofa.go.jp/policy/economy/fta/malaysia.html
WTO consideration process :
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG216/2%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive list
Tariff elimination schedule varies for every product group, maximum 10 years.
There is an Early Harvest Schedule
Rules of Origin
Chapter 3
Contingency Measures
Anti - Dumping :
Countervailing Duties :
Safeguards :
Article 24
Standards :
Notes:
SERVICES
WTO Notification (GATS Art. V)
:
Notified
Date of notification : 12/07/2006
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
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 109 Denial of Benefits A Country may deny the benefits of this Chapter to a service supplier of the other Country where the Country establishes that the service is being supplied by a juridical person that is owned or controlled by persons of a third State, and that denying Country: (a)does not maintain diplomatic relations with the third State; or (b)adopts or maintains measures with respect to the third State 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
:
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
Expropriation
:
Binding
Board of Directors and executive personnel
:
Not Featured
Invester - State arbitration
:
Yes
Denial of Benefits
:
Article 91 Denial of Benefits 1. A Country may deny the benefits of this Chapter to an investor of the other Country that is an enterprise of the other Country and to an investment of such investor if investors of a third State own or control the enterprise, and the denying Country. (a) does not maintain diplomatic relations with the third State; or (b) adopts or maintains measures with respect to the third State 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 Country may deny the benefits of this Chapter to an investor of the other Country that is an enterprise of the investors of a third State own or control the enterprise and the enterprise has no substantial business activities in the Country under whose law it is constituted or organized.
Additional BIT exists between the parties
:
No
BIT list I :
Status:
BIT list II :
Status:
Notes
:
Article 75.2 National Treatment does not apply to the establishment, acquisition and expansion of portfolio investments. Article 85.17 Investor-State arbitration does not apply to any dispute arising between a Country and an investor of the other Country on any right or privileges conferred or created by Articles 75(National Treatment) and 79(Prohibition of Performance Requirements).
Link to schedules
:
TRADE FACILITATION
Customs procedures :
Yes
Chapter 4, Article 51, 52, 54, 57 and 58 of the Agreement
Customs valuation :
Yes
Chapter 4, Article 51 and 52 of the Agreement
Trade regulations publication and administration :
Yes
Article 53 and 56 of the Agreement
Use of ICT :
Yes
Article 54 of the Agreement
Mobility of business people :
No
Freedom of transit :
Yes
Article 53 of the Agreement
Transport and logistics :
No
Trade finance :
No
OTHER AREAS
Government Procurement :
No
Investment :
Yes
Asset based-open list: includes FDI, portfolio investment and various forms of tangible and intangible property.
Competition Policy :
Yes
Intellectual Property :
Yes
Substantive obligations and cooperation. Broad coverage. See more in Art.7 of the Agreement.
Dispute Settlement :
Yes
Ad-hoc arbitration. Parties can block panels.
Labor Mobility :
No
Labor and Environmental Standards :
Yes
Chapter 12 refers to cooperation on labour provisions. Articles 139 and 140 on fields of cooperation refers to environment. Article 90 refers to parties being discouraged to use environmental measures to atrtract investment.
Technical cooperation :
No
Institutional mechanism :
No
Notes:
Negotiations are expected to end by mid 2005. 8 rounds of negotiation have taken place so far.
RULES OF ORIGIN
Cumulation
Bilateral, see Art 28, 29
Specific Process
Heading Change
see Annex 2
De Minimis
Art 30
Minimum Content
Drawback
Http Link
Notes
See Ch 3
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