Home Site Map Index Contact
 
   Search :
More Options | Search Tips
Bangkok, Thailand
APTIAD Home     Trade agreements database     Interactive trade indicators     Glossary  
 Back to Database Homepage

Export to Word | Export to PDF
JAPAN-THAILAND
Japan-Thailand FTA&EIA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

Japan Thailand

Agreement between Japan and the Kingdom of Thailand for an Economic Partnership
Status : Signed in 2007 .  In force since 2007
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2007
Agreement text : 
http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/agreement.pdf
Other links : 
http://www.mofa.go.jp/policy/economy/fta/thailand.html
WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG235/1/Rev.1%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive list
Schedule at http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex1.pdf
Electric products http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex4.pdf
Rules of Origin
Product specific RoO http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex2.pdf
Contingency Measures
   Anti - Dumping : Follows WTO and Gatt commitments, see Article 15, sec 2
   Countervailing Duties : Follows WTO and Gatt commitments, see Article 15, sec 2
   Safeguards : Follows WTO and Gatt commitments, see Article 22

Standards : 
Notes:
SERVICES
WTO Notification (GATS Art. V) : Notified
       Date of notification 25/10/2007
       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
Movement of natural persons

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 : Non-binding

National Treatment : Binding

Market Access : Binding

Domestic Regulation : Binding but subject to legitimate expectations (GATS-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
          Article 87 Denial of Benefits 1. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to a service supplier of the other Party that is an enterprise where the Party establishes that the service supplier is owned or controlled by persons of a non-Party. 2. A Party may deny the benefits of this Chapter to a service supplier of the other Party that is an enterprise where the Party establishes that the service supplier 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 69 (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.

Notes :
          

Link to schedules :http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex5.pdf
INVESTMENT
Scheduling Approach : Positive Lists

Definition of investment : Covers portfolio investment

Most Favoured Nation : Binding
                           Economic integration exception to MFN
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 112 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 that other Party and to investments of such investor where the Party establishes that the enterprise 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 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. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of that other Party and to investments of such investor where the Party establishes that the enterprise is owned or controlled by persons of a non-Party and the enterprise has no substantive business operations in the Area of that other Party.

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

Notes :
          According to Article 91 Definitions, the term “investments” means: (i) the following assets owned by a direct investor: (AA) shares, stocks or other forms of equity interest in a direct investment enterprise, including rights derived therefrom; (BB) reinvested earnings in a direct investment enterprise; or (CC) bonds, debentures, other debt instruments and loans between a direct investor and its direct investment enterprise, including rights derived therefrom; (ii) the following assets owned by a direct investment enterprise or its direct investor, arising out of transactions between the direct investor and the direct investment enterprise: (AA) claims to money and claims to any performance under contracts having a financial value; ...

Link to schedules :Annex 6: http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex6.pdf
TRADE FACILITATION
Customs procedures : Yes Article 18, Article 21, Article 50, Article 53, Article 56
Customs valuation : Yes Article 19
Trade regulations publication and administration (transparency) : Yes Article 3, Article 52, Article 55
E-Commerce / Paperless trade : Yes Article 57, Article 58, Article 59
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : No
Investment : Yes http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex6.pdf
Competition Policy : Yes Chapter 12
Intellectual Property : Yes Chapter 10
Dispute Settlement : Yes Chapter 14
Labor Mobility : Yes
Labor and Environmental Standards : Yes Article 111 refers to environmental measures. Parties shall not lower environmental standards to attract investment.
Technical cooperation : No
Institutional mechanism : No
Notes:
End of negotiations is expected in early 2006.
RULES OF ORIGIN
Cumulation
Article 29; Bilateral
Specific Process
Heading Change
De Minimis
Article 30
Minimum Content
Article 28 (4): Qualifying value Content calculated must meet criteria for product specific rules in Annex 2.
Drawback
Http Link
Minimum requirements for certificate of origin at http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex3.pdf
Notes
Chapter 3 of the Agreement. Product specific rules http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex2.pdf
JAPAN-THAILAND
Japan-Thailand FTA&EIA

Member Countries
Japan
Thailand
Total: 2 countries

Agreement between Japan and the Kingdom of Thailand for an Economic Partnership

Status : Signed in 2007 .  In force since 2007
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2007
Agreement text : 
http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/agreement.pdf

Other links : 
http://www.mofa.go.jp/policy/economy/fta/thailand.html

WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG235/1/Rev.1%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive list
Schedule at http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex1.pdf
Electric products http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex4.pdf
Rules of Origin
Product specific RoO http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex2.pdf


Contingency Measures
Anti - Dumping : Follows WTO and Gatt commitments, see Article 15, sec 2
Countervailing Duties : Follows WTO and Gatt commitments, see Article 15, sec 2
Safeguards : Follows WTO and Gatt commitments, see Article 22

Standards : 

Notes:


SERVICES
WTO Notification (GATS Art. V) : Notified
Date of notification : 25/10/2007
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
Movement of natural persons : 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 : Non-binding

National Treatment : Binding

Market Access : Binding

Domestic Regulation : Binding but subject to legitimate expectations (GATS-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
Article 87 Denial of Benefits 1. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to a service supplier of the other Party that is an enterprise where the Party establishes that the service supplier is owned or controlled by persons of a non-Party. 2. A Party may deny the benefits of this Chapter to a service supplier of the other Party that is an enterprise where the Party establishes that the service supplier 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 69 (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.

Notes:

Link to schedules :http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex5.pdf


INVESTMENT
Scheduling Approach : Positive Lists

Definition of investment : Covers portfolio investment

Most Favoured Nation : Binding
Economic integration exception to MFN : Yes
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 112 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 that other Party and to investments of such investor where the Party establishes that the enterprise 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 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. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of that other Party and to investments of such investor where the Party establishes that the enterprise is owned or controlled by persons of a non-Party and the enterprise has no substantive business operations in the Area of that other Party.

Additional BIT exists between the parties :No

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

Notes :
According to Article 91 Definitions, the term “investments” means: (i) the following assets owned by a direct investor: (AA) shares, stocks or other forms of equity interest in a direct investment enterprise, including rights derived therefrom; (BB) reinvested earnings in a direct investment enterprise; or (CC) bonds, debentures, other debt instruments and loans between a direct investor and its direct investment enterprise, including rights derived therefrom; (ii) the following assets owned by a direct investment enterprise or its direct investor, arising out of transactions between the direct investor and the direct investment enterprise: (AA) claims to money and claims to any performance under contracts having a financial value; ...

Link to schedules :Annex 6: http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex6.pdf


TRADE FACILITATION
Customs procedures : Yes Article 18, Article 21, Article 50, Article 53, Article 56
Customs valuation : Yes Article 19
Trade regulations publication and administration : Yes Article 3, Article 52, Article 55
Use of ICT : Yes Article 57, Article 58, Article 59
Mobility of business people : No
Freedom of transit : No
Transport and logistics : No
Trade finance : No Article 54

OTHER AREAS
Government Procurement : No
Investment : Yes http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex6.pdf
Competition Policy : Yes Chapter 12
Intellectual Property : Yes Chapter 10
Dispute Settlement : Yes Chapter 14
Labor Mobility : Yes
Labor and Environmental Standards : Yes Article 111 refers to environmental measures. Parties shall not lower environmental standards to attract investment.
Technical cooperation : No
Institutional mechanism : No

Notes:
End of negotiations is expected in early 2006.

RULES OF ORIGIN
Cumulation
Article 29; Bilateral
Specific Process

Heading Change

De Minimis
Article 30
Minimum Content
Article 28 (4): Qualifying value Content calculated must meet criteria for product specific rules in Annex 2.
Drawback

Http Link
Minimum requirements for certificate of origin at http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex3.pdf

Notes
Chapter 3 of the Agreement. Product specific rules http://www.mofa.go.jp/region/asia-paci/thailand/epa0704/annex2.pdf
Copyright (c) 2005 UNESCAP  |   Legal Notice