| NEW ZEALAND-THAILAND |
| New Zealand-Thailand FTA&EIA |
|
|
|
|
|
| GOODS |
| Tariffs |
Positive List
Tariff elimination by 2014 (see annexes for details)
Tariff elimination acceleration is encouraged. |
| Rules of Origin |
Change in tariff classification
Value added minimum variable depending on the product
Specific process required |
| Contingency Measures |
| Anti - Dumping : Following WTO commitments |
| Countervailing Duties : Following WTO commitments |
| Safeguards : Specific requirements for bilateral safeguards |
Standards : Calls for harmonization |
|
Notes:
Reports from May 2011 suggested talks could begin at the end of the year. |
|
| SERVICES |
WTO Notification (GATS Art. V) : Notified
Date of notification 01/12/2005
Consideration Process : Under Consideration
|
Liberalization Approach :
Modes Covered
|
|
Specific Chapters on
|
Specific Sectors Excluded
|
Public Sectors carve-out :
Most Favoured Nation :
National Treatment :
Market Access :
Domestic Regulation :
Subsidies covered by services disciplines :
Denial of benefits for commercial presence :
Notes :
ARTICLE 8.1 Liberalisation of Trade in Services
1. The Parties agree to conclude an agreement which liberalises trade in services between the Parties and which is consistent with Articles V.1 and V.3 of GATS.
(See Article 8.1)
Link to schedules :
|
| INVESTMENT |
Scheduling Approach : Positive 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 : Not Featured
Expropriation : Binding
Board of Directors and executive personnel : Not Featured
Invester - State arbitration :
Denial of Benefits :
ARTICLE 9.9 Denial of Benefits
1. Subject to Paragraph 2 of this Article, a Party may, under its applicable laws and/or regulations, deny the benefits of this Chapter to an investor of the other Party that is a juridical person of such Party and to investments of such an investor where the Party establishes that the juridical person is owned or controlled by persons of a non-Party.
2. For the purposes of promotion and protection of investment and subject to prior notification and consultation, a Party may deny the benefits of this Chapter to an investor of the other Party that is a juridical person of such Party and to investments of such an investor where the Party establishes that the juridical person is owned or controlled by persons of a non-Party and has no substantive business operations in the territory of the other Party.
Additional BIT exists between the parties :
BIT list I :
Status:
BIT list II :
Status:
Notes :
Link to schedules :
|
|
| TRADE FACILITATION |
| Customs procedures : Yes Article 3.1, 3.2, 3.3, and 3.4 of the Agreement |
| Customs valuation : Yes Article 3.6 of the Agreement |
| Trade regulations publication and administration (transparency) : No |
| E-Commerce / Paperless trade : Yes Article 3.12 of the Agreement |
| Cooperation in trade facilitation : No |
|
| OTHER AREAS |
| Government Procurement : Yes http://www.mfat.govt.nz/Trade-and-Economic-Relations/0--Trade-archive/0--Trade-agreements/Thailand/0-cep-chapter13.php |
| Investment : Yes |
| Competition Policy : Yes |
| Intellectual Property : Yes substantive, procedural obligations and cooperation. Very broad coverage. See more in Chapter 12 of the Agreement. |
| Dispute Settlement : Yes
|
| Labor Mobility : No |
| Labor and Environmental Standards : Yes Arrangement on Environment. Both countries reaffirm commitment to high levels of environmental protection (section 1). Commitment to copearte in areas of mutual interest including waste management, environmental remediation and water resources management (section 2). Intention to set a joint environmental committee (section 3).
|
| Technical cooperation : No |
| Institutional mechanism : No |
|
Notes:
Also includes a chapter on e-commerce. |
|
| RULES OF ORIGIN |
Cumulation
Bilateral |
Specific Process
Specific process required |
Heading Change
A heading change may be required |
De Minimis
10% |
Minimum Content
Some products require a value percentage on top of the process requirement |
Drawback
N.A. |
Http Link
http://www.mft.govt.nz/tradeagreements/thainzcep/pdfs/nzthairulesoforiginannex.pdf
|
Notes
Rules of Origin are very product specific. See Annex for details.
http://www.mfat.govt.nz/downloads/trade-agreement/thailand/nzthairulesoforiginannex.pdf |
|
