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MALAYSIA-PAKISTAN
Malaysia-Pakistan FTA&EIA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

Malaysia Pakistan

Agreement Between the Government of the Islamic Republic of Pakistan and the Government of Malaysia for a Closer Economic Partnership

Status : Signed in 2007 .  In force since 2008
Scope : Bilateral
Type : FTA & EIA
WTO Notification : Enabling clause, GATS Art V 2008
Agreement text : 
http://www.commerce.gov.pk/PMFTA/PAk-Malaysia-FTA(TXT).pdf
Other links : 
http://www.miti.gov.my/cms/content.jsp?id=com.tms.cms.article.Article_2e1ea175-c0a81573-7c4c7c4c-488a9d57
WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/COMTD/RTA/3/1%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Tariffs < 5% eliminated; those between 5 and 10 per cent receive 50% preferences
Malaysia offers 114 products, Pakistan 125
Rules of Origin
Interim rules apply during implementation of the early harvest programme
product specific rules on textile and clothing and jewellery
40% of the local content
Contingency Measures
   Anti - Dumping : n.a.
   Countervailing Duties : n.a.
   Safeguards : n.a.

Standards : n.a.
Notes:
EHP Agreement shall expire upon the entry into force of the FTA or 31 march 2007, whichever is earlier (Article Six, #1)
SERVICES
WTO Notification (GATS Art. V)Notified
       Date of notification 19/02/2008

       Consideration Process : Under Consideration


Liberalization ApproachPositive Lists

Modes Covered
Cross-border supply (Mode1)
Consumption abroad (Mode2)
Commercial presence (Mode3)
Presence of natural persons (Mode4)

Specific Chapters on

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

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
          Article 84 Denial of Benefits 1. Subject to prior notification, a Party may deny the benefits of this Chapter to: service suppliers of the other Party where the service is being supplied by a juridical person that is owned or controlled by persons of a third State or the denying Party and the juridical person has no substantive business operations in the territory of the country of the other Party;


Notes :
          


Link to schedules :
INVESTMENT
Scheduling ApproachNegative Lists

Definition of investmentCovers portfolio investment

Most Favoured Nation : Binding
                           
National Treatment : Binding
                           NT provision applies to entry and establishment rights

Fair and Equitable Treatment : Not Featured
                           
Expropriation : Binding
                           
Board of Directors and executive personnel : Binding

Invester - State arbitration :

Denial of Benefits :
          Article 101 Denial of Benefits 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 investments of such investor if investors of a third State own or control the enterprise. A Party may also deny the benefits of this Chapter to an investor of the other Party if the investor has no substantial investment or business activities in the Party under whose laws it is constituted or organised.


Additional BIT exists between the parties :
          BIT list I : Malaysia - Pakistan BIT
                    Status: No data available
          BIT list II :
                    Status:

Notes :
          


Link to schedules :
TRADE FACILITATION
Customs procedures : No
Customs valuation : No
Trade regulations publication and administration (transparency) : No
E-Commerce / Paperless trade : No
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : No
Investment : No
Competition Policy : No
Intellectual Property : No
Dispute Settlement : No
Labor Mobility : No
Labor and Environmental Standards : Yes Environmental consideration in Chapter 6 (Sanitary and Phytosanitary Measures)
Technical cooperation : No
Institutional mechanism : No
Notes:
Early Harvest Programme is under implementation since 1 january 2006. Negotiations on FTA, including services, are in progress.
RULES OF ORIGIN
Cumulation
Bilateral
Specific Process
Yes
Heading Change
n.a.
De Minimis
n.a.
Minimum Content
At least 40%
Drawback
n.a.
Http Link
http://www.miti.gov.my/ekpweb/application
Notes
Annex III
MALAYSIA-PAKISTAN
Malaysia-Pakistan FTA&EIA

Member Countries
Malaysia
Pakistan
Total: 2 countries

Agreement Between the Government of the Islamic Republic of Pakistan and the Government of Malaysia for a Closer Economic Partnership

Status : Signed in 2007 .  In force since 2008
Scope : Bilateral
Type : FTA & EIA
WTO Notification : Enabling clause, GATS Art V 2008
Agreement text : 
http://www.commerce.gov.pk/PMFTA/PAk-Malaysia-FTA(TXT).pdf

Other links : 
http://www.miti.gov.my/cms/content.jsp?id=com.tms.cms.article.Article_2e1ea175-c0a81573-7c4c7c4c-488a9d57

WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/COMTD/RTA/3/1%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Tariffs < 5% eliminated; those between 5 and 10 per cent receive 50% preferences
Malaysia offers 114 products, Pakistan 125

Rules of Origin
Interim rules apply during implementation of the early harvest programme
product specific rules on textile and clothing and jewellery
40% of the local content

Contingency Measures
Anti - Dumping : n.a.
Countervailing Duties : n.a.
Safeguards : n.a.

Standards : n.a.

Notes:
EHP Agreement shall expire upon the entry into force of the FTA or 31 march 2007, whichever is earlier (Article Six, #1)


SERVICES
WTO Notification (GATS Art. V)Notified
Date of notification : 19/02/2008
Consideration Process : Under Consideration

Liberalization ApproachPositive Lists

Modes Covered
Cross - Border Supply : Yes
Consumption Abroad : Yes
Commercial Presence Abroad : Yes
Movement of Natural Persons : Yes

Specific Chapters on
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 : Binding but subject to legitimate expectations (GATS-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
Article 84 Denial of Benefits 1. Subject to prior notification, a Party may deny the benefits of this Chapter to: service suppliers of the other Party where the service is being supplied by a juridical person that is owned or controlled by persons of a third State or the denying Party and the juridical person has no substantive business operations in the territory of the country of the other Party;


Notes:

Link to schedules :

INVESTMENT
Scheduling ApproachNegative Lists

Definition of investmentCovers portfolio investment

Most Favoured Nation : Binding

National Treatment : Binding

NT provision applies to entry and establishment rights : Yes

Fair and Equitable Treatment : Not Featured


Expropriation : Binding


Board of Directors and executive personnel : Binding

Invester - State arbitration : Yes

Denial of Benefits :
Article 101 Denial of Benefits 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 investments of such investor if investors of a third State own or control the enterprise. A Party may also deny the benefits of this Chapter to an investor of the other Party if the investor has no substantial investment or business activities in the Party under whose laws it is constituted or organised.


Additional BIT exists between the parties :Yes

BIT list I : Malaysia - Pakistan BIT
Status: No data available
BIT list II :
Status:

Notes :


Link to schedules :

TRADE FACILITATION
Customs procedures : No
Customs valuation : No
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 : No
Investment : No
Competition Policy : No
Intellectual Property : No
Dispute Settlement : No
Labor Mobility : No
Labor and Environmental Standards : Yes Environmental consideration in Chapter 6 (Sanitary and Phytosanitary Measures)
Technical cooperation : No
Institutional mechanism : No

Notes:
Early Harvest Programme is under implementation since 1 january 2006. Negotiations on FTA, including services, are in progress.


RULES OF ORIGIN
Cumulation
Bilateral
Specific Process
Yes
Heading Change
n.a.
De Minimis
n.a.
Minimum Content
At least 40%
Drawback
n.a.
Http Link
http://www.miti.gov.my/ekpweb/application

Notes
Annex III
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