FTAAgreementsFTAAgreements
ASEAN-China Free Trade Area (ACFTA)A Framework Agreement on Comprehensive EconomicCooperation between ASEAN and China was ...
ASEAN-Japan Comprehensive EconomicPartnership (AJCEP)TheASEAN-JapanComprehensiveEconomicPartnership(AJCEP) Agreement signe...
ASEAN-Korea Free Trade Area (AKFTA)The Republic of Korea (Korea) is the second dialoguepartner with whom ASEAN has forged ...
ASEAN-India Free Trade AreaThe entry into force of the ASEAN-India Trade in GoodsAgreement (TIG) on 1 January 2010 is one ...
ASEAN-Australia-New Zealand Free Trade Area(AANZFTA)The Agreement Establishing the ASEAN-Australia-New Zealand Free Trade ...
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Fta agreements

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Fta agreements

  1. 1. FTAAgreementsFTAAgreements
  2. 2. ASEAN-China Free Trade Area (ACFTA)A Framework Agreement on Comprehensive EconomicCooperation between ASEAN and China was signed byall the ASEAN Member States and the People’s Republicof China on 4 November 2002 in Phnom Penh. ThisAgreement provided the legal basis for ASEAN and Chinato negotiate enabling agreements that have led to thecreation of the ASEAN-China Free Trade Area (ACFTA)on 1 January 2010. China is currently the third largesttrading partner of ASEAN after Japan and EU, with atrade value of US$192 billion in 2008. This makes up for11% of ASEAN’s total trade with external parties. TheACFTA is a market of 1.91 billion consumers that have acombined GDP of about US$5.83 trillion (2008). In termsof consumer market size, the ACFTA is the biggest FTAin the world.ASEAN-China Trade in Goods AgreementThe Agreement on Trade in Goods, signed on29  November 2004 in Vientiane, Lao PDR, is one ofthe enabling Agreements under the 2002 FrameworkAgreement. It laid down the modality for tariff reductionand elimination for tariff lines categorised in either theNormal Track or the Sensitive Track:Normal Track: Tariffs on almost all tariff lines in thiscategory have been eliminated by ASEAN-6 (BruneiDarussalam, Indonesia, Malaysia, the Philippines,Singapore and Thailand) and China as of 1 January2010. The remaining few products in this category(i.e. not exceeding 150 tariff lines) will have tariffseliminated not later than 1 January 2012, as part of theflexibility provided in the modality. For Cambodia, Laos,Myanmar and Viet Nam, tariff elimination will have to becompleted by 1 January 2015, with flexibility to eliminatetariffs on products not exceeding 250 tariff lines by1 January 2018.Sensitive Track: Products in this Track were furthercategorised into the Sensitive (SL) and Highly SensitiveLists and would be subject to tariff reduction within thetimeframesspecifiedintheAgreement.Tariffsofproductsin the SL will have to be reduced first to 20% followedby a subsequent reduction to the 0-5% tariff band. Forthose in the HSL, tariffs will have to be reduced to notmore than 50%. The ACFTA does not allow exclusion ofproducts. The Rules of Origin for the ASEAN-China FreeTrade Area follows a general rule of 40% regional valuecontent, with a limited number of products subject tosome product specific rules.ASEAN-China Trade in Services AgreementThe Agreement on Trade in Services between ASEANMemberStatesandChina,signedinCebu,thePhilippineson 14 January 2007, is the second enabling Agreementunder the 2002 Framework Agreement. It aims toliberalise and substantially eliminate discriminatorymeasures with respect to trade in services among theParties in various services sectors. By applying the GATSPlus principle, the level of liberalisation commitmentsunder this Agreement would be considerably higherthan the commitments made by participating countriesunder the General Agreement on Trade in Services(GATS) in the WTO. ASEAN and China embarked ona second round of negotiations in 2008 with the aimof substantially improving the first package of specificcommitments. This is targeted to be concluded withinthe first half of 2010.ASEAN-China Investment AgreementTo promote and facilitate investment flows, ASEANand China also signed an Investment Agreement on 15August 2009 in Bangkok, Thailand. The Agreement aimsto create a favourable environment for the investors andtheir investments from ASEAN and China, and thereforestipulates key protection elements that will provide fairand equitable treatment to investors, non-discriminatorytreatment on nationalisation or expropriation andcompensation for losses. It has provisions that allowtransfers and repatriation of profits to be made freelyand in freely usable currency as well as a provision oninvestor-state dispute settlement that provides investorsrecourse to arbitration.For more information:External Economic Relations DivisionAnna M. Robeniol (anna@asean.org)
  3. 3. ASEAN-Japan Comprehensive EconomicPartnership (AJCEP)TheASEAN-JapanComprehensiveEconomicPartnership(AJCEP) Agreement signed in April 2008 and enteredinto force in December 2008 is comprehensive in scope,covering such fields as trade in goods, trade in services,investment, and economic cooperation. The AJCEP willhelp continue the momentum for further invigoration oftrade and investment in the region.ASEAN and Japan have a combined gross domesticproduct of US$6.4 trillion in 2008. The total bilateral tradebetween ASEAN and Japan has reached US$211.7billion, making Japan as ASEAN’s top trading partnerin 2008.The implementation of the AJCEP will allow more goodsand services to reach ASEAN and Japanese consumersat lower prices through reduced or zero tariffs, whichcontributes to their improved standard of livingTariff Reduction and EliminationUnder the trade in goods, Japan has to eliminate 92%of its tariff rates based on tariff lines and trade valuefor goods in the Normal Track within ten (10) years ofentry into force (EIF) of the Agreement. Meanwhile, theASEAN 6 (Brunei, Indonesia, Malaysia, the Philippines,Singapore and Thailand) have to eliminate 90% of its tariffrates based on the tariff lines and trade value for goodsin the Normal Track within ten (10) years of EIF of theAgreement. For Viet Nam, it has to eliminate 90% of itstariff rates based on tariff lines and certain percentage ontrade value for goods in the Normal Track within ten (10)years of EIF. For Cambodia, Laos and Myanmar, certainflexibility was provided. Each has to eliminate 90% of itstariff rates based on either tariff line or trade value forgoods in the Normal Track within 13 years of EIF.For goods under the Highly Sensitive List, Sensitive Listand Exclusion List, the modality varies and the tariff cutswere negotiated bilaterally between ASEAN MemberStates and Japan, taking into account the sensitivities ofthe parties.Rules of OriginTrade facilitating rules of origin (ROO) have beenestablished under the AJCEP that would help encourageregional cumulation of inputs not only benefitting ASEANindustries but also Japanese companies operating inASEAN such as Mitsubishi, Toyota and other electroniccompanieswhoareoperatingandhavehugeinvestmentsin ASEAN countries. The AJCEP’s ROO has a “generalrule” of RVC (Regional Value Content) 40% or CTH(Change in Tariff Heading), thereby providing flexibilityfor exporters/manufacturers in choosing the rule to applyand increasing their chances of complying with the ROOto avail of the preferential tariff treatment.Services and InvestmentAs part of the built-in agenda of the AJCEP Agreement,negotiations for services and investment are tocommence one year from the entry into force of theAgreement. Following the mandate from the Ministersto bring trade in services and investment into the AJCEP,the Sub-Committee on Services and the Sub-Committeeon Investment were established to undertake thenegotiations.Dispute Settlement MechanismA Dispute Settlement Chapter has been providedunder the AJCEP to address disputes that may arisefrom the interpretation of the implementation of theTIG Agreement.Overall BenefitsAs more investors come to ASEAN through the AJCEP, itis expected that this will help narrow the economic divideamong the estimated 711 million peoples of ASEAN andJapan. From 2002 to 2008, the total FDI from Japan inASEAN reached US$45 billion and this is expected togrow as the implementation of the AJCEP continues.For more information:External Economic Relations DivisionAnna M. Robeniol (anna@asean.org)
  4. 4. ASEAN-Korea Free Trade Area (AKFTA)The Republic of Korea (Korea) is the second dialoguepartner with whom ASEAN has forged a free tradeagreement. In 2005, ASEAN and Korea signed theFramework Agreement on Comprehensive EconomicCooperation (Framework Agreement), and subsequently,signed four (4) more agreements that form the legalinstruments for establishing the ASEAN-Korea FreeTrade Area (AKFTA).The ASEAN-Korea Agreement on Trade in Goods (AK-TIG), signed on 24 August 2006, sets out the preferentialarrangement trade in goods between the ten (10)ASEAN Member States and Korea, which principally,involves tariff reduction and elimination for all tariff linesover a transition period. Under this Agreement, ASEANexports would enjoy greater market access to Koreastarting from 2006 and have free market access (subjectto meeting the ASEAN-Korea rules of origin) in 2010as Korea eliminates tariffs for all tariff lines under theNormal Track. On a reciprocal note, the ASEAN 5 (BruneiDarussalam, Indonesia, Malaysia, the Philippines andSingapore) imports from Korea will be enjoying zero tariffrates as well for all tariff lines in the Normal Tack subjectto limited flexibility. By 2012, tariffs imposed by ASEANfor all Korean products under the Normal Track would beeliminated. For the newer members of ASEAN, namely,Viet Nam, Cambodia, Lao PDR and Myanmar, a longertransition period for tariff reduction and elimination hadbeen agreed in recognition of their development status.Under this scheme at least 50% of tariff lines under theNormal Track will enjoy a 0-5% tariff rate not later than1 January 2013 for Viet Nam, and not later than 1 January2015 for Cambodia, Lao PDR and Myanmar (CLM).Tariff lines enjoying the reduced tariffs rates of 0-5% willreach 90% coverage by 2016 for Viet Nam and 2018 forCLM. By 2017 and 2020 products under the Viet Namand CLM’s Normal Track, respectively would have fullmarket access that is zero tariff. Thailand, which accededto the AK-TIG in 2007, has a different schedule. Tariffsfor products in the Normal Track would be reduced overa transition period and will be eliminated by either 2016or 2017.The ASEAN-Korea Agreement on Trade in Services(AK-TIS), signed on 21 November 2007, provides theplatform for further opening up or greater marketaccess for ASEAN and Korean service providers.Building on their existing commitments in the WTOunder General Agreement on Trade in Services (GATS),ASEAN and Korea both improved their levels and depthof commitments through the addition of new sectors/subsectors in the list of commitments and easing upof restrictions on entry and treatment on a wide rangeof service sectors including business, construction,education, communication services, environmental,tourism services, and transport services.The ASEAN-Korea Agreement on Investment (AK-AI),signed on 2 June 2009, aims to provide for a transparent,facilitative and a more secure environment for ASEANand Korean investors and their investments. Majorcomponents of the AK-AI are the protection elementswhich include provisions on fair and equitable treatmentand full protection and security of covered investments;transfers of funds relating to covered investments;and compensation in the event of nationalisation orexpropriation of covered investments. However, workon the AK-AI continues as ASEAN and Korea pursuethe completion of built-in-agenda items which includethe development of market access commitmentsor schedules of reservations. ASEAN and Korea willcommence and conclude discussions on these agendaitem within five years from entry into force of theAgreement.The ASEAN-Korea Agreement on Dispute SettlementMechanism (AK-DSM), signed on 13 December 2005,provides the mechanism for any disputes that may arisebetween Parties from the interpretation, implementationor application of all the above cited Agreements includingthe Framework Agreement.For more information:External Economic Relations DivisionAnna M. Robeniol (anna@asean.org)
  5. 5. ASEAN-India Free Trade AreaThe entry into force of the ASEAN-India Trade in GoodsAgreement (TIG) on 1 January 2010 is one of the keyelements that will help facilitate the creation of anopen market in a region comprising of about 1.7 billionpeople and with a combined gross domestic product ofapproximately US$2.71 trillion as of 2008. The AIFTA TIGcould serve as the vehicle to help sustain the growthfor the peoples of ASEAN and India, as well as the EastAsian region.Trade in GoodsThe TIG provides for a progressive tariff reduction and/or elimination of originating goods (subject to compliancewith the rules of origin) traded for the ten ASEANMember States and India. Under the Normal Track, tariffsimposed by Brunei Darussalam, Indonesia, Malaysia,Singapore and Thailand and India on originating goodsfrom these parties will be eliminated by 2016. Tariffsimposed between the Philippines and India under theNormal Track will only be eliminated by 2019. Meanwhile,a longer time frame is given for Cambodia, Lao PDR,Myanmar and Viet Nam (CLMV) to eliminate their tariffsof goods under the Normal Track.Under the Sensitive Track, goods with applied MFNrates of above 5% should be reduced to 5% by 2016 forBrunei Darussalam, Indonesia, Malaysia, Singapore andThailand and India; 2019 for the Philippines and India; and2021 for CLMV. For goods with applied MFN rates of 5%and below, tariff reduction would have to be undertakenin accordance with the modality, except for a limitednumber of goods whose tariffs could be maintained(“standstill”).The TIG also provides for different tariff rates for specialproducts, i.e. crude and refined palm oil, coffee, blacktea and pepper, covered under this Agreement. Thereare also goods placed under the highly sensitive listswhich are subject to a different reduction schedule. Anexclusion list is also provided although these are subjectto an annual review with a view towards improvingmarket access.Rules of OriginTo facilitate the movement of goods among the parties,the rules of origin and its Operational CertificationProcedures (OCP) are provided under the TIG. A “generalrule” of RVC (Regional Value Content) 35% + CTSH(Change in Tariff Sub-Heading) is applied as the criterionfor goods to be considered as originating and eligiblefor preferential tariff treatment. In addition, ASEAN andIndia have agreed to start discussions to come up withproduct specific rules (PSRs) which could serve as analternative rule to the general rule. This alternative rulewould provide more flexibility for the manufacturers/exporters to comply with the rules of origin and to avail ofthe preferential tariff treatment.Dispute Settlement MechanismAn Agreement on Dispute Settlement was alsoimplemented together with the TIG Agreement toaddress disputes that may arise from the interpretationof the implementation of the TIG Agreement.Services and InvestmentASEAN and India agreed to commence the negotiationson services and investment in 2008 and separate workinggroups for services and investment were established toundertake these tasks. The services and investmentnegotiations are targeted for completion by 2010.For more information:External Economic Relations DivisionAnna M. Robeniol (anna@asean.org)
  6. 6. ASEAN-Australia-New Zealand Free Trade Area(AANZFTA)The Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) that aims tointegrate twelve (12) markets into a market of more than600 million people with a combined GDP of US$2.65trillion (based on 2008 figures) was signed in Thailand on27 February 2009. The Agreement entered into force on1 January 2010.AANZFTA Agreement: The “Firsts”The AANZFTA Agreement is the “first”:(i) plurilateral agreement for both ASEAN andAustralia(NewZealandhasaplurilateralagreementwith Brunei, Singapore and Chile, i.e. the P4 or theTrans-Pacific Strategic Economic Partnership);(ii) comprehensive single undertaking agreementnegotiated and signed by ASEAN with aDialogue Partner - it covers trade in goods andservices, electronic commerce, movement ofnatural persons (MNP), investment, economiccooperation, dispute settlement mechanismand specific provisions on customs procedures,sanitary and phytosanitary (SPS) measures,standards and technical regulations, intellectualproperty rights and competition;(iii) region-to-region engagement for ASEAN; and(iv) Agreement that Australia and New Zealand havejointly negotiated.The “Core” ObligationsASEAN Member States, Australia and New Zealand arebound by the AANZFTA Agreement to, among others:(i) progressively liberalise tariffs from the entry intoforce of the Agreement and eliminate tariffs onat least 90 per cent of all their tariff lines withinspecific timeframes;(ii) progressively liberalise barriers to trade in servicesand allow for greater market access for the otherParties’ services suppliers;(iii) facilitate the movement of natural persons forthose engaged in trade and investment activitiesin the region;(iv) accord protection to covered investments, interms of treatment of investment, compensationfor losses, transfers relating to profit and capital,and transfer of rights or claims to investment;and(v) facilitate the movement of goods by implementingspecific provisions on rules of origin; customsprocedures; SPS measures; and standards,technical regulations and conformity assessmentprocedures.Schedules of specific commitments in relation totrade in goods (tariffs), trade in services (includingfinancial services and telecommunication services)and movement of natural persons are annexed to theAANZFTA Agreement.BenefitsThe AANZFTA Agreement opens up opportunities forstakeholders in ASEAN, Australia and New Zealand.These include: greater market access for exporters/manufacturers in the region; promotion of economiesof scale in production; opportunities for networking andcomplementation; and enhanced collaboration amongeconomic operators in the region. With the AANZFTAcreating a business environment that promotes certainty,predictability and transparency, economic operators areassured that commercial activities are not unnecessarilyinterrupted or disrupted.For more information:External Economic Relations DivisionAnna M. Robeniol (anna@asean.org)

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