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MALAYSIA-AUSTRALIA
Malaysia-Australia FTA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

Australia Malaysia

Malaysia-Australia Free Trade Agreement
Status : Signed in 2012 .  Pending country ratification
Scope : Bilateral
Type : FTA & EIA
WTO Notification : early announcement 
Agreement text : 
http://dfat.gov.au/fta/mafta/documents/Malaysia-Australia-Free-Trade-Agreement.pdf
Other links : 
http://dfat.gov.au/fta/mafta/
WTO consideration process : 
GOODS
Tariffs
Positive list
Australia to eliminate customs duties on all originating goods from the date of entry into force of this Agreement
Malaysia to eliminate customs duties in most products from 2013 to 2020 according to Schedule, eliminate customs duties on rice from 2023 to 2026, and maintain TRQ for milk and other agricultural products
Rules of Origin
Product specific rules
Contingency Measures
   Anti - Dumping : Article VI of GATT and Antidumping Agreement
   Countervailing Duties : Article VI of GATT and Agreement on Subsidies and Countervailing Measures
   Safeguards : Article XIX of GATT and Agreement on Safeguards. Transitional Safeguard Measure

Standards : WTO Plus (TBT and SPS)
Notes:
Negotiations started 2005, resumed October 2008 and the agreement was signed on 22 May 2012.
SERVICES
WTO Notification (GATS Art. V) : Not Notified
       Date of notification
       Consideration Process : Not Considered
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
Telecommunications
Movement of natural persons
Other
              Framework for Mutual Recognition Arrangements
Specific Sectors Excluded
Air 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 : Not covered

Denial of benefits for commercial presence :
          A Party may deny the benefits of this Chapter: (a) to the supply of any service, if it establishes that the service is supplied from or in the territory of a non-Party; (b) in the case of the supply of a maritime transport service, if it establishes that the service is supplied: (i) by a vessel registered under the law of a non-Party; and (ii) by a person of a non-Party which operates and/or uses the vessel in whole or in part; (c) to a service supplier, that is a juridical person, if it establishes that it is not a service supplier of the other Party.

Notes :
          

Link to schedules :http://www.dfat.gov.au/fta/mafta/#annex-3
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
                           Clarifying text on FET
                            (a) “fair and equitable treatment” requires each Party not to deny justice in any legal or administrative proceedings;...(c) the concepts of “fair and equitable treatment” and “full protection and security” do not require treatment in addition to or beyond that which is required under customary international law, and do not create additional substantive rights.

Expropriation : Binding
                           Clarifying text
Board of Directors and executive personnel : Not Featured

Invester - State arbitration :

Denial of Benefits :
          Subject to prior notification or consultation, a Party may deny the benefits of this Chapter to an investor of the other Party that is a juridical person of such other Party and to investments of that investor if the juridical person has no substantive business activities in the territory of the other Party and persons of a non-Party, or of the denying Party, own or control the juridical person

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

Notes :
          The Parties shall enter into discussions on Schedules of Non-Conforming Measures within three years from the date of entry into force of this Agreement, unless the Parties otherwise agree. Articles on National Treatment, Most-Favoured-Nation Treatment and Non-Conforming Measures shall not apply until the Parties’ Schedules of Non-Conforming Measures have entered into force. Article 12.3 on relation with other Chapters (Trade in Services and Movement of Natuaral Persons)

Link to schedules :
TRADE FACILITATION
Customs procedures : Yes Chapter 4
Customs valuation : Yes Article 2.8
Trade regulations publication and administration (transparency) : Yes Article 4.7
E-Commerce / Paperless trade : No
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : No
Investment : Yes Chapter 12
Competition Policy : Yes Chapter 14
Intellectual Property : Yes Chapter 13
Dispute Settlement : Yes Chapter 20
Labor Mobility : No
Labor and Environmental Standards : No
Technical cooperation : Yes Chapter 16
Institutional mechanism : Yes Chapter 19
Notes:
RULES OF ORIGIN
Cumulation
Bilateral
Specific Process
-
Heading Change
Chapter, heading and subheading change
De Minimis
10% of value; for chapters 50-63 also 10% of weight
Minimum Content
RVC:40%
Drawback
Not mentioned
Http Link
http://www.dfat.gov.au/fta/mafta/documents/Annex-2-Product-Specific-Rules-Schedule-HS2007.pdf
Notes
-
MALAYSIA-AUSTRALIA
Malaysia-Australia FTA

Member Countries
Australia
Malaysia
Total: 2 countries

Malaysia-Australia Free Trade Agreement

Status : Signed in 2012 .  Pending country ratification 
Scope : Bilateral
Type : FTA & EIA
WTO Notification : early announcement 
Agreement text : 
http://dfat.gov.au/fta/mafta/documents/Malaysia-Australia-Free-Trade-Agreement.pdf

Other links : 
http://dfat.gov.au/fta/mafta/

WTO consideration process : 
GOODS
Tariffs
Positive list
Australia to eliminate customs duties on all originating goods from the date of entry into force of this Agreement
Malaysia to eliminate customs duties in most products from 2013 to 2020 according to Schedule, eliminate customs duties on rice from 2023 to 2026, and maintain TRQ for milk and other agricultural products
Rules of Origin
Product specific rules


Contingency Measures
Anti - Dumping : Article VI of GATT and Antidumping Agreement
Countervailing Duties : Article VI of GATT and Agreement on Subsidies and Countervailing Measures
Safeguards : Article XIX of GATT and Agreement on Safeguards. Transitional Safeguard Measure

Standards : WTO Plus (TBT and SPS)

Notes:
Negotiations started 2005, resumed October 2008 and the agreement was signed on 22 May 2012.

SERVICES
WTO Notification (GATS Art. V) : Not Notified
Date of notification :
Consideration Process : Not Considered

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
 Telecommunications : Yes
 Movement of natural persons : Yes
Other : Yes
Framework for Mutual Recognition Arrangements
Specific Sectors Excluded
Air 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 : Not covered

Denial of benefits for commercial presence :
A Party may deny the benefits of this Chapter: (a) to the supply of any service, if it establishes that the service is supplied from or in the territory of a non-Party; (b) in the case of the supply of a maritime transport service, if it establishes that the service is supplied: (i) by a vessel registered under the law of a non-Party; and (ii) by a person of a non-Party which operates and/or uses the vessel in whole or in part; (c) to a service supplier, that is a juridical person, if it establishes that it is not a service supplier of the other Party.

Notes:

Link to schedules :http://www.dfat.gov.au/fta/mafta/#annex-3


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

Clarifying text on FET : Yes
 (a) “fair and equitable treatment” requires each Party not to deny justice in any legal or administrative proceedings;...(c) the concepts of “fair and equitable treatment” and “full protection and security” do not require treatment in addition to or beyond that which is required under customary international law, and do not create additional substantive rights.

Expropriation : Binding

Clarifying text : Yes

Board of Directors and executive personnel : Not Featured

Invester - State arbitration : No

Denial of Benefits :
Subject to prior notification or consultation, a Party may deny the benefits of this Chapter to an investor of the other Party that is a juridical person of such other Party and to investments of that investor if the juridical person has no substantive business activities in the territory of the other Party and persons of a non-Party, or of the denying Party, own or control the juridical person

Additional BIT exists between the parties :No

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

Notes :
The Parties shall enter into discussions on Schedules of Non-Conforming Measures within three years from the date of entry into force of this Agreement, unless the Parties otherwise agree. Articles on National Treatment, Most-Favoured-Nation Treatment and Non-Conforming Measures shall not apply until the Parties’ Schedules of Non-Conforming Measures have entered into force. Article 12.3 on relation with other Chapters (Trade in Services and Movement of Natuaral Persons)

Link to schedules :

TRADE FACILITATION
Customs procedures : Yes Chapter 4
Customs valuation : Yes Article 2.8
Trade regulations publication and administration : Yes Article 4.7
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 12
Competition Policy : Yes Chapter 14
Intellectual Property : Yes Chapter 13
Dispute Settlement : Yes Chapter 20
Labor Mobility : No
Labor and Environmental Standards : No
Technical cooperation : Yes Chapter 16
Institutional mechanism : Yes Chapter 19

Notes:


RULES OF ORIGIN
Cumulation
Bilateral
Specific Process
-
Heading Change
Chapter, heading and subheading change
De Minimis
10% of value; for chapters 50-63 also 10% of weight
Minimum Content
RVC:40%
Drawback
Not mentioned
Http Link
http://www.dfat.gov.au/fta/mafta/documents/Annex-2-Product-Specific-Rules-Schedule-HS2007.pdf

Notes
-
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