Trade in Goods. ARTICLE 201
Trade in Goods. The Parties shall accord to one another most-favoured- nation treatment in all areas in respect of: — customs duties and charges applied to imports and exports, including the method of collecting such duties and charges, — provisions relating to customs clearance, transit, warehouses and transhipment, — taxes and other internal charges of any kind applied directly or indirectly to imported goods, — methods of payment and the transfer of such payments, — the rules relating to the sale, purchase, transport, distribution and use of goods on the domestic market.
Trade in Goods. 1. The Parties shall progressively reduce and eliminate duties and other restrictive regulations of commerce (except, where necessary, those permitted under Article XXIV(8)(b) of GATT 1994) on substantially all trade in goods among the Parties, in accordance with the provisions, schedules and programme for the Normal Track in the Agreement on Trade in Goods under this Framework Agreement.
2. The Agreement on Trade in Goods under this Framework Agreement shall include, but not limited to:
(a) detailed rules governing the progressive tariff reduction and/or elimination programme as well as other related matters;
(b) rules of origin;
(c) modification of commitments;
(d) non-tariff measures, sanitary and phytosanitary measures, and technical barriers to trade;
(e) safeguards measures; and
(f) WTO disciplines and reduction and elimination of non-tariff barriers.
Trade in Goods. 1. In addition to the Early Harvest Programme under Article 6 of this Agreement, and with a view to expediting the expansion of trade in goods, the Parties agree to enter into negotiations in which duties and other restrictive regulations of commerce (except, where necessary, those permitted under Article XXIV (8)(b) of the WTO General Agreement on Tariffs and Trade (GATT)) shall be eliminated on substantially all trade in goods between the Parties.
2. For the purposes of this Article, the following definitions shall apply unless the context otherwise requires:
Trade in Goods. 1. Member States shall eliminate all Common Effective Preferential Tariff for the ASEAN Free Trade Area (CEPT-AFTA) tariffs in relation to products (other than those in the sensitive, highly sensitive and general exception lists) covered by the individual ASEAN Sectoral Integration Protocols, except those listed in accompanying negative lists to the Protocols, which in total for each Member State shall not exceed 15% of the total product list appearing as Annex XII to this Framework Agreement, by:
(a) 1 January 2007 for ASEAN-6; and
(b) 1 January 2012 for CLMV.
2. Member States shall implement the following actions in relation to non-tariff measures (hereinafter referred to as “NTMs”) to ensure transparency, in accordance with the timelines indicated:
(a) establish the database of ASEAN NTMs by 30 June 2004;
(b) establish criteria to identify NTMs that are barriers to trade by 30 June 2005; and
(c) establish a definitive work programme for the removal of NTMs that are barriers to trade by 31 December 2005.
3. Member States shall adopt the WTO Agreement on Import Licensing Procedures and develop common implementation guidelines appropriate for ASEAN for this purpose by 31 December 2004.
4. Member States shall endeavour to expand the coverage of the ASEAN Integration System of Preferences (AISP) Scheme by including products in the priority sectors.
Trade in Goods. In order to achieve the objective laid down in Article 4, the Joint Council shall decide on the arrangements and timetable for a bilateral, progressive and reciprocal liberalisation of tariff and non-tariff barriers to trade in goods, in accordance with The relevant WTO rules, in particular Article XXIV of the General Agreement on Tariffs and Trade (GATT), and taking account of the sensitive nature of certain products. This decision shall include, in particular, the following matters:
(a) coverage and transitional periods;
(b) customs duties on imports and exports and charges having an equivalent effect;
(c) quantitative restrictions on imports and exports and measures having equivalent effect;
(d) national treatment including the prohibition of fiscal discrimination in respect of taxes imposed on goods;
(e) anti-dumping and countervailing measures;
(f) safeguard and surveillance measures;
(g) rules of origin and administrative cooperation;
(h) customs cooperation;
(i) customs valuation;
(j) technical regulations and standards, sanitary and phytosani-tary legislation, mutual recognition of conformity assessment, certifications, marks systems, inter alia;
(k) general exceptions justified on grounds of public morality, public policy or public security; the protection of human, animal or plant life or health; the protection of industrial, intellectual and commercial property, inter alia;
(l) restrictions in case of balance of payments difficulties.
Trade in Goods. Article 201
Trade in Goods. 1. With a view to expediting the expansion of trade in goods, the Parties agree to enter into negotiations in which duties and other restrictive regulations of commerce (except, where necessary, those permitted under Article XXIV (8)(b) of the WTO General Agreement on Tariffs and Trade (GATT)) shall be eliminated on substantially all trade in goods between the Parties.
2. For the purposes of this Article, the following definitions shall apply unless the context otherwise requires:
a. “applied Most Favoured Nation (MFN) tariff rates” shall refer to the respective applied rates of the Parties as of 1 July 2004; and
b. “non-tariff measures” shall include non-tariff barriers.
3. Upon signing of this Agreement, the Parties shall commence consultations on each other’s trade regime, including, but not limited to the following:
a. trade and tariff data;
b. customs procedures, rules and regulations;
c. non tariff measures including, but not limited to import licensing requirement and procedure, quantitative restrictions, technical barriers to trade, sanitary and phytosanitary;
d. intellectual property rights rules and regulations; and
e. trade policy.
4. The tariff reduction or elimination programme of the Parties shall require tariffs on listed products to be gradually reduced and, where applicable, eliminated in accordance with this Article.
5. The products which are subject to the tariff reduction or elimination programme under this Article shall include all products not covered by the Early Harvest Programme (EHP) under Article 7 of this Agreement, and such products shall be categorised into two tracks as follows:
a. Normal Track: Products listed in the Normal Track by a Party on its own accord shall have their respective applied MFN tariff rates gradually reduced or eliminated in accordance with specified schedules and rates (to be mutually agreed by the Parties) over a period from:
i. 1 January 2006 to 31 December 2011 for Brunei Darussalam, Indonesia, Malaysia, Singapore and Thailand, and India;
ii. 1 January 2006 to 31 December 2016 for the Philippines and India; and
iii. 1 January 2006 to 31 December 2011 for India and 1 January 2006 to 31 December 2016 for the New ASEAN Member States. In respect of those tariffs which have been reduced but have not been eliminated, they shall be progressively eliminated within timeframes to be mutually agreed between the Parties.
Trade in Goods. 1. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating goods of the other Party in accordance with Annex 2.1 and its schedule1 to Annex 2.1.
2. For purposes of this Agreement, originating good means an article described in Annex 2.2.
3. Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994, including its interpretative notes. To this end, Article III of GATT 1994 and its interpretative notes are incorporated into and made a part of this Agreement, subject to Annex 2.3.
4. A Party may not introduce a new customs duty on imports or a new quantitative restriction on imports in the trade between the Parties, other than as permitted by this Agreement, subject to Annex 2.3.
5. In the event that this Agreement enters into force on a date other than January 1, “year one” for purposes of Annex 2.1 and each Party’s schedule to Annex 2.1 shall mean the period from the date of entry into force of this Agreement through the end of the calendar year, and the duty reductions in each Party’s schedule to Annex 2.1 shall take effect on such date of entry into force. In such event, the term “January 1 of year one” for purposes of Annex 2.1 and each Party’s schedule to Annex 2.1 shall mean the date of entry into force of this Agreement.
Trade in Goods. 1. The Parties shall accord to one another most-favoured-nation treatment in all areas in respect of: — customs duties and charges applied to imports and exports, including the method of collecting such duties and charges, — provisions relating to customs clearance, transit, warehouses and transhipment, — taxes and other internal charges of any kind applied directly or indirectly to imported goods, — methods of payment and the transfer of such payments, — the rules relating to the sale, purchase, transport, distribution, and use of goods on the domestic market.
2. The provisions of paragraph 1 shall not apply to:
(a) advantages granted with the aim of creating a customs union or a free-trade area or pursuant to the creation of such a union or area;
(b) advantages granted to particular countries in accordance with the GATT and with other international arrangements in favour of developing countries;
(c) advantages accorded to adjacent countries in order to facilitate frontier traffic.
3. The provisions of paragraph 1 and Article 11(3) shall not apply, during a transitional period expiring on the date of the Republic of Moldova acceding to GATT or on 31 December 1998, whichever is earlier, to advantages defined in Annex I granted by the Republic of Moldova to other independent states as from the day preceding the date of entry into force of the Agreement.
1. The Parties agree that the principle of free transit of goods is an essential condition of attaining the objectives of this Agreement.
2. In this connection each Party shall provide for unrestricted transit via or through its territory of goods originating in the customs territory or destined for the customs territory of the other Party.
3. The rules described in Article V, paragraphs 2, 3, 4 and 5 of the GATT are applicable between the two Parties.
4. The rules contained in this Article are without prejudice to any special rules relating to specific sectors, in particular such as transport, or products agreed between the Parties.
Article 12 Without prejudice to the rights and obligations stemming from international conventions on the temporary admission of goods which bind both Parties, each Party shall furthermore grant the other Party exemption from import charges and duties on goods admitted temporarily, in the instances and according to the procedures stipulated by any other international convention on this matter binding upon it, in conformity with its legislation. Account shall be taken of the cond...
