WORLD TRADE
ORGANIZATIONS/DCS/W/MYS
24 January 2003
(03-0478)
Trade in Services Original:  English
MALAYSIA
Draft consolidated Schedule of Specific Commitments1
Attached is a draft consolidated version of the Schedule of Specific Commitments of
Malaysia in word format.  This document  does not substitute for the legally binding commitments
undertaken by Malaysia in its Schedule of Specific Commitments (GATS/SC/52; S/L/32;
GATS/SC/52/Suppl.2; GATS/SC/52/Suppl.3)
Attached to the draft consolidated schedule is a draft consolidated version of Malaysia
Article II (MFN) Exemption List (GATS/EL/52 and GATS/EL/52/Suppl.1)
The draft consolidated versions of the schedule and the MFN Exemption List were prepared
by the Secretariat, at the request of Members, to facilitate the process of negotiations, including the
presentation of initial offers.
_______________
                                                          
1 This document has been prepared, in English only, under the Secretariat's own responsibility and without prejudice to the
positions of Members and to their rights and obligations under the WTO.S/DCS/W/MYS
Page 2MALAYSIA – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
I. HORIZONTAL
COMMITMENTS
ALL SECTORSINCLUDED IN THISSCHEDULE UNLESS
OTHERWISE
INDICATED
3)Acquisition, Mergers and Take-overs
The acquisition of assets or interests of
Malaysian companies and businesses, mergersor take-overs requires approval and apply to
the following:
(a) the acquisition of the voting rights of a 
Malaysian corporation by any single foreign interest or associated group of 15 
per cent or more, or an aggregate foreign 
interest of 30 per cent or more or exceeding RM5 million in value;3)Land, Property and Real Estate
Approval may be denied if the acquisition,
disposal or dealing of land or any interest inland, property and real estate is undertaken for
speculative or non-productive purpose or for
purposes which may conflict with the interest ofthe State.
Incentives/Preferences
Incentives are limited to eligible  Malaysian-
owned corporations engaged in service sectorspromoted by the Government.
(b) any proposed acquisition of any assets or 
interests by any means which will result 
in ownership or control passing to foreign
interest; and
(c) control of Malaysian corporations through
any form of joint-venture agreement, management agreement, technical 
assistance agreement or other 
arrangements.
Approval is normally granted.  However it
may be denied in circumstances where theproposed investment conflicts with the interest
of the State.Any measure and special preference granted to
Bumiputera, Bumiputera status companies, trust
companies and institutions set up to meet the
objectives of the New Economic Policy (NEP)and the National Development Policy (NDP)shall be unbound.
Corporations in which the Government has an
interest shall, in acquiring services, give first
consideration to service suppliers in which theGovernment has an interest.  This requirementdoes not prevent the acquisition of servicesfrom other service suppliers where theirservices are competitive in terms of price,
quality and delivery.S/DCS/W/MYS
Page 3Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
4) Unbound except for measures affecting the
entry and temporary stay of natural personsdefined below:4) Unbound except for the categories of natural
persons referred to under market access
1.Intra-corporate Transferees
(a) senior managers being persons within an 
organization having proprietary information of the organization and who exercise wide latitude in decision making 
relating to the establishment, control and 
operation of the organization being directly responsible to the CEO and receive only general supervision or direction from the board of directors or partners of the organization; and
(b)  two specialists or experts per 
organization being persons within the organization who possess knowledge at an advanced level of continued expertise and who possess proprietary knowledge 
of the organization's new service products
and technology, research equipment and techniques or management. Additional specialists or experts may be allowed subject to market test and the training of Malaysians through an acceptable training
programme in the relevant services sector 
or subsector:
Provided that such persons are employees of the foreign service supplier and have 
been in the employment of that foreign 
service supplier for a period of not less than one year immediately preceding the date of their application for a work permitand he is to serve in at least a similar capacity.S/DCS/W/MYS
Page 4Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
2.Others
(a) specialists or experts being persons who 
possess knowledge at an advanced level 
of continued expertise and who possess 
proprietary knowledge of the organizations's products and services subject to market test and the employmentof Malaysians as counterparts and/or 
training of Malaysians through acceptable
training programmes in the relevant services sector or subsector;
(b) professionals being persons who possess 
necessary academic credentials, professional qualif ications, experience 
and/or expertise which have been duly 
recognized by the professional bodies in Malaysia and registered with those respective professional bodies; and
(c) business visitors being persons not based 
within Malaysia, receiving no 
remuneration from a source located within Malaysia, who have been employed for at least one year by a foreign service supplier, whose entry and temporary stay is for the purposes of 
negotiating for the sale of services or 
entering into agreements to sell services for that service supplier and who will not engage in direct sales to the general public.S/DCS/W/MYS
Page 5Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
3. Entry and stay of natural persons defined in
categories 1 (a) and (b) and 2 (a) and (b) shallnot exceed a total of five years. For category 2(c), the period of stay shall not exceed a total
of 90 days.
II. SECTOR SPECIFIC
COMMITMENTS1
1. BUSINESS SERVICES
A. Professional Services
Legal servicescovering advisory andconsultancy servicesrelating only to homecountry laws, international
law and offshore
corporation laws ofMalaysia(CPC 8619)1), 2) None
3) Only through a corporation incorporated in the
Federal Territory of Labuan.
Legal services shall only be supplied to
offshore corporations established in the
Federal Territory of Labuan.
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
                                                          
1 An asterisk against a CPC code number indicates that the corresponding service subsector in this schedule covers only a part o r parts of the service subsector classified
under the CPC concordance.S/DCS/W/MYS
Page 6Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Accounting, auditing and
bookkeeping services(CPC 862)1), 2) None
3) Only through a locally registered partnership
with Malaysian accountants or Malaysian
accounting firms and aggregate foreign
interests shall not exceed 30 per cent
4) Unbound except as indicated in the horizontal
section
In respect of 2 (b), residency is required for
registration1), 2) Auditing services must be authenticated by 
a licensed auditor in Malaysia
3) None
4) Unbound except for the categories of natural
persons referred to under market access4) The qualifying
examination todetermine the
competence and
ability to supply theservice for thepurposes ofregistration with theprofessional bodies
will be conducted in
the English language
Taxation services(CPC 863)1), 2) None
3) Only through a locally registered partnership
with Malaysian accountants or Malaysian
accounting firms and aggregate foreign
interests in the partnership shall not exceed 30per cent
4) Unbound except as indicated in the horizontal
section
In respect of 2 (b), residency is required for
registration1), 2) Taxation services must be authenticated by
a licensed auditor in Malaysia
3) None
4) Unbound except for the categories of natural
persons referred to under market access4) The qualifying
examination todetermine the
competence and
ability to supply theservice for thepurposes ofregistration with the
professional bodies
will be conducted inthe English languageS/DCS/W/MYS
Page 7Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Architectural services
(CPC 8671)1), 2) None
3) Architectural services may be supplied only
by a natural person
4) Unbound except as indicated in the horizontal
section and, in respect of 2 (b), only anarchitect who is a consultant to a projectwholly financed by a foreign government or
implemented under a bilateral arrangement
between governments subject to temporaryregistration for a period of one year pertemporary registration1), 2) Architectural services must be 
authenticated by a registered architect in Malaysia
3) None
4) Unbound except for the categories of natural
persons referred to under market access4) The qualifying
examination todetermine thecompetence and
ability to supply the
service for thepurposes ofregistration with theprofessional bodieswill be conducted in
the English language
Engineering services
(CPC 8672)1), 2) None
3) Engineering services may be supplied only by
a natural person
4) Unbound except as indicated in the horizontal
section and in respect of 2 (b), subject totemporary registration for a period of one yearper temporary registration1), 2) Engineering services must be authenticated
by a registered professional engineer in Malaysia
3) None
4) Unbound except for the categories of natural
persons referred to under market access4) The qualifying
examination todetermine thecompetence andability to supply theservice for the
purposes of
registration with theprofessional bodieswill be conducted inthe English languageS/DCS/W/MYS
Page 8Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Integrated engineering
services (CPC 8673)1), 2) None
3) Only through a representative office, regional
office or locally incorporated joint-venturecorporation with Malaysian individuals orMalaysian-controlled corporations or both forthe purpose of services contract awarded in
Malaysia.
The aggregate foreign shareholding in the
joint-venture corporation shall not exceed 30per cent1), 2) Integrated engineering services must be 
authenticated by the relevant registered professionals in Malaysia
3) None
Establishment of such joint-venture
corporation is only for a duration necessary to
complete the services contract
4) Unbound except as indicated in the horizontal
section and in respect of 2 (b), for a period ofup to one year or the duration necessary tocomplete the services contract4) Unbound except for the categories of natural
persons referred to under market access4) The qualifying
examination todetermine thecompetence and
ability to supply the
service for thepurposes ofregistration with theprofessional bodieswill be conducted in
the English languageS/DCS/W/MYS
Page 9Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Medical speciality services
covering forensic medicine,
nuclear medicine,
geriatrics, microvascular
surgery, neurosurgery,cardiothorasic surgery,plastic surgery, clinicalimmunology and oncology,
traumatology,
anaesthesiology, intensivecare specialist, childpsychiatry and physicalmedicine(CPC 93122)1), 2) None
3) Medical speciality services may be supplied
only by a natural person
4) Unbound except as indicated in 2 (a) in the
horizontal section1), 2) None
3) None
4) None other than:
practice only in private hospitals of at least 100
beds;practice to be only at a specified location and achange of location requires approval; andthe setting up of individual or joint group
practices is not permitted.4) The qualifying
examination to
determine thecompetence andability to supply theservice will be
conducted in the
English language
B. Computer and Related
Services
Consultancy servicesrelated to the installation ofcomputer hardware
(CPC 841)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlled
corporations or both and the aggregate foreignshareholding in the joint-venture corporationshall not exceed 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Consultancy servicesrelated to softwareimplementation coveringadvisory and
implementation services for
customised software(CPC 842)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlled
corporations or both and the aggregate foreign
shareholding in the joint-venture corporationshall not exceed 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 10Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Database services
(CPC 8440)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlled
corporations or both and the aggregate foreign
shareholding in the joint-venture corporationshall not exceed 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Computer softwaredevelopment services
 covering development of
new software for generalapplication, including,ready-made software
packaged for general
application(CPC 842*)1), 2), 3)   None
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2), 3)   None
4) Unbound except for the categories of natural
persons referred to under market access
C. Research and Development
Services
Research and experimentaldevelopment services onsocial sciences andhumanities (CPC 8520except 85203 and 85204)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlledcorporations or both and the aggregate foreign
shareholding in the joint-venture corporation
shall not exceed 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 11Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
E. Rental/Leasing Services
without Operators
Relating to ships exclude
cabotage and offshore
trades (CPC 83103)1), 2) None
3) Only through a representative office, regional
office or Malaysian-controlled corporation
acting as an agent
4) Unbound except as indicated in the horizontal
section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Relating to aircraft(CPC 83104)1), 2) None
3) Only through a representative office, regional
office or Malaysian-controlled corporationacting as an agent
4) Unbound except as indicated in the horizontal
section1), 2) None
3) None
4) Unbound except as indicated in the horizontal
section
Relating to constructionand mining equipment andindustrial plant andequipment(CPC 83107*)1), 2) None
3) Only through a representative office, regional
office or Malaysian-controlled corporationacting as an agent
4) Unbound except as indicated in the horizontal
section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 12Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
F. Other Business Services
Advertising services
(CPC 8711, 8712, 8719)1) Commercial presence is required
2) None3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlledcorporations or both and the aggregate foreignshareholding in the joint-venture corporationshall not exceed 30 per cent1) Unbound
2) None3) None
Advertisement throug h electronic media
Advertisement must have at least 80 per cent
local content and be made in Malaysia
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section4) Unbound except for the categories of natural
persons referred to under market access
Management consultingservicescovering advisory,guidance and operationalassistance servicesconcerning management of
the transmission of non-
conventional energy(CPC 8650*)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlledcorporations or both and Bumiputerashareholding in the joint-venture corporation
is at least 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Management consultingservices
covering advisory,
guidance and operationalassistance onenvironmental managementservices including risk
assessment services
(CPC 8650*)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlledcorporations or both and Bumiputerashareholding in the joint-venture corporationis at least 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 13Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Management consulting
servicescovering advisory andguidance in the field of
pharmacy as follows:
- Basic material
manufacturing consultancyin the manufacture of drugsin raw material form;
- New systems of drug
delivery;1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlled
corporations or both and Bumiputera
shareholding in the joint-venture corporationis at least 30 per cent
4) Unbound except as indicated in 1 (a) and( b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
- Biotechnology - new
techniques for influencingthe process and products ofliving cells;
- New techniques in drug
development and methods
of producing drugs andvaccine; and
- Vaccine production.
(CPC 8650*)
Management consultingservicescovering advisory andguidance on InternationalValue-Added NetworkServices, rural telecom
development and human
resource development intelecommunications(CPC 8650*)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlledcorporations or both and Bumiputerashareholding in the joint-venture corporation
is at least 30 per cent
4) Unbound except as indicated in 1 (a) and( b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 14Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Services incidental to
agriculture and fishingcovering only specialisedconsultancy, advisory and
operational assistance on
crop and fisheriesmanagement, including,value-added services suchas preservation techniques,
etc. (CPC 881*, 882*)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlled
corporations or both and Bumiputera
shareholding in the joint-venture corporationis at least 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Services incidental tomanufacturing(CPC 884, 885 except88442)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlledcorporations or both and Bumiputera
shareholding in the joint-venture corporation
is at least 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Technical testing and
analysis services
(CPC 8676 except 86764)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlledcorporations or both and Bumiputerashareholding in the joint-venture corporationis at least 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Student placement services
- covering promoting,
recruiting and facilitating
students for studies outsideMalaysia(CPC 87909)1), 2), 3)None
4) Unbound except as indicated in the horizontal
section1), 2), 3)None
4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 15Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Market research and public
opinion polling services(CPC 864)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlled
corporations or both and Bumiputera
shareholding in the joint-venture corporals atleast exceed 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Translation andinterpretation services(CPC 87905)1), 2) None
3) Translation and interpretation services may be
supplied only by a natural person
4) Unbound except as indicated in 2 (a) in the
horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access.
Translation and/or interpretation from the
English language to the Malay language orvice-versa is not permitted
Convention and exhibitionmanagement services
covering the provision of
planning, organizational,management and marketingservices for conventionsand other similar events(CPC 87909)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlledcorporations or both and aggregate foreignshareholding in the joint-venture corporationshall not exceed 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Landscaping services
covering the provision ofadvisory, planning and
designing services for the
aesthetic landscaping ofgolf courses and themeparks (CPC 86742*)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlled
corporations or both and the aggregate foreignshareholding in the joint-venture corporationshall not exceed 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 16Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Operational Headquarters
(OHQ) Services
covering general
management and
administration, business
planning, procurement ofraw materials, technicalsupport, marketing controland sales promotion
planning, training and
personnel management,provision of treasury andfund management servicesand research anddevelopment1), 2) Unbound due to lack of technical 
feasibility
3) Only through a locally incorporated wholly
foreign-owned company.
A foreign-owned company, a regional office
of a foreign-owned company which transfersits OHQ services to Malaysia, a regionaloffice of a foreign-owned company
established in Malaysia and a foreign-owned
company which is already incorporated inMalaysia may seek to qualify as an OHQ.
OHQ must operate in Malaysia and fulfil the
following criteria:1), 2) Unbound due to lack of technical feasibility
3) None
carried out by a company in
Malaysia for its offices and
related companies outsideMalaysia.  Servicesrendered by OHQcompanies are limited toestablishments engaged in
business related to the
following sectors orsubsectors:
Sea and air services,
Communication services,
Tourism services,
Professional andConsulting services(CPC 87909)(a) carry out at least 3 of the OHQ service 
activities;
(b) have a sizeable network of companies 
outside Malaysia which includes the parent company or its head office and 
related companies;
(c) have a well established foreign-owned 
company which is sizeable in terms of assets and employees;
(d) have a network of companies with 
substantial number of qualified executives, professionals, technical and other supporting personnel;
(e) be able to make decisions independently 
without consultations with its head office or parent company located outside Malaysia;S/DCS/W/MYS
Page 17Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(f) be able to contribute to the Malaysian 
economy by:
(i)  using services such as legal, 
accounting etc. provided by 
Malaysians;
(ii) creating job opportunities for 
Malaysians;
(iii) enabling greater inflow of 
foreign funds.
4) Unbound except as indicated in the horizontal
section4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 18Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
2. COMMUNICATION
SERVICES
C. Telecommunication
Services2
Basic Telecommunications
Basic local, inter-exchangeand international services;
supplied over public
telecommunicationstransport networks usingany network technology;facilities-based;  in each ofthe market segment
1. Voice service (wired or
wireless)
2. Packet-switched data
transmission services,including frame-relay
services
3. Circuit-switched data
transmission services
4. Facsimile service1) None
2) None3) Only through acquisition of shares of existing
licensed public telecommunications operators:- Foreign shareholding of up to 30 per cent 
in these service providers is allowed
4) Unbound except as indicated in horizontal
commitments.1) None
2) None3) None
4) Unbound except as indicated in horizontal
commitments.Pro-competition regulatory
principle in respect ofinterconnectionarrangement andcompetition (Refer to
Annex I).
5. Private leased circuit
service
6. Domestic/International
satellite services andsatellite links/capacities(inclusive of mobilesatellite)
7. Satellite earth stations8. International switching and
other international gatewayfacilities
                                                          
2 Excluding broadcasting services as defined under Broadcasting Act 1988.S/DCS/W/MYS
Page 19Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
9. Mobile services -
analogue/digital cellular
10. Paging services11. Trunked radio services
12. Video transport services
Telecommunication
services of which enhancedvalue-added services mustbe provided from channels
or lines obtained only from
licensed network operators
Data and transmissionservicescovering electronic mail,
voice mail, on-line
information and databaseretrieval, enhancedfacsimile, code andprotocol conversion(CPC 7523)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlled
corporations; orOnly through acquisition of shares of anexisting licensed VAS operator/Corporation;
Aggregate foreign shareholding shall not
exceed 30 per cent;
The licence shall specify the type of servicesto be provided; andSimple resale is not permitted.1), 2) None
3) None
4) Unbound except as indicated in the horizontal
section4) Unbound except for the categories of natural
persons referred to under market access
Mobile data services(CPC 7523*)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlled
corporations; or
Only through acquisition of shares of anexisting licensed VAS operator/corporation;andAggregate foreign shareholding shall notexceed 30 per cent1), 2) None
3) NoneS/DCS/W/MYS
Page 20Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
4) Unbound except as indicated in the horizontal
section4) Unbound except for the categories of natural
persons referred to under market access
Telex and telegraphservices (CPC 7523*)1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlledcorporations;  orOnly through acquisition of shares of anexisting licensed telex and telegraph
operator/corporation; and
Aggregate foreign shareholding shall notexceed 30 per cent
4) Unbound except as indicated in the horizontal
section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
D. Audiovisual Services
Motion picture, video tapeand audio recordingdistribution services(CPC 96113)1) Commercial presence is required
2) None3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlled
corporations or both and the aggregate foreignshareholding shall not exceed 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1) Unbound
2) None3) None
4) Unbound except for the categories of natural
persons referred to under market access
Broadcasting services
covering transmission from
foreign broadcast station offoreign broadcast matter
from foreign territory
through television or radio(CPC 7524*)1) 20 per cent of total screening time; and
Dubbing into the national language may berequired
2) None3) Unbound due to lack of technical feasibility
4) Unbound due to lack of technical feasibility1) Unbound for government channel
2) None
3) Unbound due to lack of technical feasibility
4) Unbound due to lack of technical feasibilityS/DCS/W/MYS
Page 21Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
3. CONSTRUCTION AND
RELATEDENGINEERINGSERVICES
Construction work(CPC 511, 512, 513, 514,515, 516, 517)1) Unbound due to lack of technical feasibility
2) None3) Only through a representative office, regional
office, or locally incorporated joint-venturecorporation with Malaysian individuals or
Malaysian-controlled corporations or both and
aggregate foreign shareholding in the joint-venture corporation shall not exceed 30 percent1) Unbound due to lack of technical feasibility
2) None3) None
4) Unbound except as indicated in the horizontal
section4) Unbound except for the categories of natural
persons referred to under market access
7. FINANCIAL SERVICES, INCLUDING INSURANCE
Horizontal Commitments Applicable to the Financial Services Sector
1. The offers in the financial services sector are in accordance wi th the General Agreement on Trade in Services and the Annex o n Financial Services.
2. The limitations listed under the all-sector horizontal section shall not apply to financial services, unless otherwise indica ted.
3. In respect of offshore banks, offshore investment banks, commercial banks, merchant banks, offshore insurance and offshore re insurance companies, offshore
insurance brokers, offshore insurance underwriting managers, offshore insurance managers, insurance companies, and representati ve offices of commercial banks and
merchant banks, the following conditions and limitations on market access, national treatment and movement of natural persons s hall apply in addition to specific
limitations to activity of each financial service as specified for each activity in this Schedule.S/DCS/W/MYS
Page 22Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
ALL FINANCIAL SERVICES 3) Limitations on investments as contained in the
all-sector horizontal section.
4) Limitations in the all-sector horizontal section
will apply when indicated in each activity.3) Limitations on land and other immovable
property as contained in the all-sectorhorizontal section.
Unbound for measures affecting financial
services accorded, to any Bumiputera or toassist development of any Bumiputera financialinstitution to achieve objectives of the NationalDevelopment Policy (NDP).
4) Limitations in the all-sector horizontal section
will apply when indicated in each activity.
1. Offshore banks, offshore
investment banks, offshoredirect insurance companies,
offshore reinsurance
companies, offshoreinsurance brokers, offshoreinsurance underwritingmanagers and offshoreinsurance managers.1), 2) Unbound
∗ except as otherwise specified I
n this schedule.
3) Entry is confined to Labuan.
Entry is limited to establishment of a branchregistered or a subsidiary incorporated in
Malaysia.
4) Unbound, except for temporary presence of
natural persons in respect of supply throughthe mode of commercial presence.1), 2) Unbound*, except as otherwise specified in
this schedule.
3) None
4) Unbound, except for temporary presence of
natural persons in respect of supply through themode of commercial presence.
2. Commercial banks and
merchant banks.1), 2) Unbound* except as otherwise specified 
in this schedule.
3) The 13 wholly-foreign owned commercial
banks are permitted to remain wholly-ownedby their existing shareholders.
Unbound for new licences.1), 2) Unbound* except as otherwise specified in 
this schedule.
3) None except as indicated in the finance sector
horizontal section and in the respective activitylisted below.
                                                          
∗ Due to lack of technical feasibility.S/DCS/W/MYS
Page 23Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(All financial services –
commercial banks and merchantbanks – cont`d)Entry is limited to equity participation by
foreign banks in Malaysian-owned orcontrolled commercial banks and merchantbanks and aggregate foreign shareholding in a
commercial bank or a merchant bank shall not
exceed 30 per cent.  Shareholding by a singleperson individually or jointly with relatedpersons is limited to a maximum of 20 percent.
Acquisition by a foreign bank of an aggregateof 5 per cent or more of shareholding in aMalaysian-owned or controlled commercialbank or merchant bank must meet thefollowing criteria:
(a) The foreign bank has the ability to facilitate
trade and contribute to financial and economicdevelopment of Malaysia;
(b) The country of the foreign bank has
significant trade and investment interests inMalaysia; and
(c) The country of the foreign bank does not have
a significant representation in the Malaysianbanking industry.
A commercial bank is not allowed to acquireany share in another commercial bank but may
acquire shares in one merchant bank.
A merchant bank is not allowed to acquire any
share in a commercial bank or anothermerchant bank.S/DCS/W/MYS
Page 24Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
All financial services –
commercial banks and merchantbanks – cont`d)Other persons are not permitted to acquire 5
per cent or more of shareholding in acommercial bank or merchant bank if theperson already holds 5 per cent or more of
shareholding in another licensed financial
institution.
( Introduction of new service products will be
permitted subject to approval which will bebased on prudential criteria.
Entry is also permitted through the setting up
of representative offices.  Representativeoffices can only undertake research, exchangeof information and liaison services.
4) Unbound except the following:
(a)  Unless otherwise specified, temporary 
presence of natural persons is offered onlyin respect of supply through the mode of commercial presence.
(b) For banks, two senior managers for each 
institution with an aggregate foreign shareholding exceeding 50 per cent.  A senior manager is an individual possessing proprietary knowledge and authority essential to the establishment, 
control and operation of the services of 
the financial service supplier.4) Unbound except for the categories of natural
persons referred to under market access.
(c) Five specialists or experts for each 
institution for areas relating to:(i) trade financing;
(ii) corporate finance;
(iii) treasury management; and(iv) information technology.S/DCS/W/MYS
Page 25Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(d) For a representative office, two foreign 
nationals. Only one foreign national for the two top posts.
(e) Entry shall be limited to a  maximum 
period of five years.
3. Direct insurance
companies.1), 2) Unbound∗ except as otherwise specified 
in this schedule.
3) Branches of foreign insurance companies are
required to be locally incorporated by 30 June1998 and foreign shareholding not exceeding51% is permitted.1), 2) Unbound* except as otherwise specified in 
this schedule.
3) None except as indicated in the finance sector
horizontal section and in the respective activity
listed below.
Foreign shareholding not exceeding 51% is
also permitted for the existing foreignshareholders of locally incorporated insurancecompanies which were the original owners ofthese companies. Provided aggregate foreign
shareholding in such companies does not
exceed 51%.
New entry is limited to equity participation byforeign insurance companies in locally
incorporated insurance companies and
aggregate foreign shareholding in suchcompany shall not exceed 30%.
Unbound for new licences.
Acquisition by a foreign insurance company
of an aggregate of more than 5 per centshareholding in a locally incorporatedinsurance company must meet at least one ofthe following criteria:
                                                          
∗ Due to lack of technical feasibilityS/DCS/W/MYS
Page 26Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(All financial services - Direct
insurance companies – cont`d)(a) The foreign insurance company has the 
ability to facilitate trade and contribute to financial and economic development of Malaysia;
(b) The country of the foreign insurance 
company has significant trade and 
investment interests in Malaysia;
(c) The country of the foreign insurance 
company does not have a significant representation in the Malaysian insurance 
industry;  or
(d) The foreign insurance company has the 
ability to provide technical expertise and know-how to contribute to the financial and economic development of Malaysia.
An insurance company is not allowed toacquire more than 5% share:
(a) In another insurance company in 
Malaysia that carries on the same class of insurance business as that carried on by it;
or
(b) In an insurance broking company.
Other persons holding more than 5 per centshareholding in an insurance company are notpermitted to acquire more than 5 per cent
shareholding in:
(a) Another insurance company carrying on 
the same class of insurance business as that carried on by the insurance company 
in which the person is a shareholder;  or
(b) An insurance broking company.S/DCS/W/MYS
Page 27Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(All financial services - Direct
insurance companies – cont`d)4) Unbound except the following:
(a) Unless otherwise specified, temporary 
presence of natural persons is offered only
in respect of supply through the mode of 
commercial presence.
(b) One senior manager for branches of 
foreign insurance companies and locally 
incorporated insurance companies with an
aggregate foreign shareholding of 50% or more.4) Unbound except for the categories of natural
persons referred to under market access.
A senior manager is an individual possessing proprietary knowledge and authority essential to the establishment, 
control and operation of the services of 
the financial service supplier.
(c) Three specialists or experts for each 
institution for areas relating to:
(i) underwriting of specialized 
classes of general business;
(ii) information technology; and(iii) actuarial functions.
(d) Entry shall be limited to a maximum 
period of five years.S/DCS/W/MYS
Page 28Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
A. BANKING AND OTHER
FINANCIAL SERVICES,EXCLUDINGINSURANCE
Acceptance of deposits, andother repayable funds fromthe public, wholesale andretail.1) Soliciting, advertising and acceptance of
deposits in Malaysia are not allowed.
2) Soliciting and advertising in Malaysia for
acceptance of deposits are not allowed.
3) Only permitted through a commercial bank, a
merchant bank or an offshore bank.1) None
2) None3) For commercial banks, unbound for branching
(including off-premises ATMs) and networking
with ATMs in Malaysia.
Offshore banks in Labuan are permitted toaccept foreign currency deposits only.Offshore investment banks in Labuan are notpermitted to accept deposits.
Merchant banks are only permitted to accept
term deposits from non-individuals.  Theminimum amount of each term deposit shallbe as specified by the Central Bank from timeto time.Branching is permitted for merchant banks with
an aggregate foreign shareholding notexceeding 30 per cent.
Foreign-owned commercial banks arepermitted to accept foreign currency depositsfrom residents subject to conditions imposedon designated banks.
4) Unbound except as indicated in the finance
sector horizontal section.4) Unbound except as indicated in the finance
sector horizontal section.S/DCS/W/MYS
Page 29Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Lending of all types,
including consumer credit,mortgage credit, factoringand financing of
commercial transactions.1), 2) Financial services associated with lending
to residents in any currency in excess of an equivalent of RM25 million must be undertaken jointly with commercial banks
or merchant banks in Malaysia.1), 2) None
3) Entry as a non-bank for scheduled businesses
is limited to:
(a) Foreign financial institutions through the 
establishment of a locally incorporated 
joint-venture company and aggregate 
foreign shareholding in such company shall not exceed 30  per cent;  or
(b) A representative office.3) Foreign-controlled banking institutions in
Malaysia are allowed to extend credit facilities(including factoring and leasing) up to amaximum of 40 per cent of the total creditfacilities obtained by non-resident controlled
companies from banking institutions.  The
above limitation will be relaxed to 50 per centin the year 2000.
Provision of factoring services by a
commercial bank requires the setting up of a
separate entity and shareholding by a foreign-controlled commercial bank shall not exceed30 per cent.For commercial banks, unbound for branching
(including off-premises ATMs) and networking
with ATMs in Malaysia.
Merchant banks are not permitted to provide
consumer credit and home mortgages.
Only commercial banks are permitted to
provide overdraft facilities.Branching is permitted for merchant banks with
an aggregate foreign shareholding not
exceeding 30 per cent.
Offshore banks and offshore investment banks
are permitted to lend in foreign currencies
only.
Representative offices can only undertake
research and liaison services.S/DCS/W/MYS
Page 30Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Lending of all types – cont`d) 4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except one foreign
national for a management post which is not
the CEO post, for each establishment.4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except for the
categories of natural persons referred  to under
market access.
For representative offices of scheduledbusinesses, two foreign nationals subject toonly one foreign national for the two top
posts.
Entry shall be limited to a maximum period of
five years.Residency requirements are required for
lending of money.
Financial leasing. 1), 2) Leasing services to residents in any
currency must be undertaken jointly with
leasing companies or merchant banks inMalaysia.
3) Entry as a non-bank is limited to:
(a)  Foreign financial institutions through the 
establishment of a locally incorporated 
joint-venture company and aggregate 
foreign shareholding in such company shall not exceed 30 per cent; or1), 2) None
3) None
(b) A representative office.
Provision of leasing services by a commercial
bank requires the setting up of a separate
entity and shareholding by a foreign-controlled commercial bank shall not exceed30 per cent.
Aggregate foreign shareholding will be
permitted to be increased to 49 per cent witheffect from 1 July 2000.
Representative offices can only undertakeresearch and liaison services.S/DCS/W/MYS
Page 31Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Entry is permitted through the establishment
of a branch or subsidiary in Labuan byreputable foreign leasing companies. Suchoffshore entity can only transact in foreign
currencies.
Offshore banks and offshore investment banks
are permitted to carry on financial leasingbusiness in foreign currencies only.
4) Unbound except two foreign nationals, one for
management post which is not the CEO postand one technical post, for each establishment.
For representative offices, two foreign
nationals subject to one foreign national for
the two top posts.4) Unbound except for the categories of natural
persons referred to under market access.
For offshore leasing companies, unbound
except for temporary presence of naturalpersons in respect of supply through the mode
of commercial presence.
Entry shall be limited to a maximum period of
five years.
For offshore leasing companies, unbound
except for temporary presence of natural
persons in respect of supply through the modeof commercial presence.
All payment and money
transmission services,
namely credit and debitcards, travellers chequesand bankers drafts.1), 2) Electronic fund transfer system requires 
approval.
3) Offshore banks are permitted to extend
payment and money transmission services tonon-residents only.
Only commercial banks are permitted to issue
credit cards, debit cards or provide checkingaccount services.1), 2) None
3) For commercial banks, unbound for branching
(including off-premises ATMs) and networkingwith ATMs in Malaysia.
Branching is permitted for merchant banks with
an aggregate foreign shareholding notexceeding 30 per cent.S/DCS/W/MYS
Page 32Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Only Malaysian-controlled banks are
permitted to issue, sell or purchase ringgittravellers cheques.
Sale or purchase of foreign currency travellers
cheques other than by commercial banksrequires a money changer's licence.  Entry islimited to establishment of a locallyincorporated joint-venture company and
aggregate foreign shareholding in such
company shall not exceed 30 per cent.Sale or purchase of travellers cheques by
individuals require citizenship status.
Branching (including dispensers) is permitted
for travellers cheques companies with foreign
shareholding not exceeding 30 per cent.
4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except one foreign
national for a management post which is not
the CEO post, for each establishment.
Entry shall be limited to a maximum period of
five years.4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except for the
categories of natural persons referred to under
market access.
Charge cards. 1), 2) None
3) Entry is limited to establishment of a company
incorporated in Malaysia.  Approval of theCentral Bank is required.  Approval will begranted based on prudential criteria.
4) Unbound except two senior managers for each
establishment.
Entry shall be limited to a maximum period of
five years.1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access.S/DCS/W/MYS
Page 33Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Guarantees and
commitments.1), 2) None except banks established in 
Malaysia may be given the right of first refusal.
Guarantees and commitments undertaken 
by non-residents are governed by rules relating to exchange control.
3) None
4) Unbound except as indicated in the finance
sector and all-sector horizontal section.1), 2) None
3) None
4) Unbound except as indicated in the finance
sector and all-sector horizontal section.
Money and foreignexchange broking services.1), 2) Broking services, involving Ringgit 
Malaysia and financial instruments issuedin Malaysia must be effected through authorized dealers and money and foreign
exchange brokers incorporated in 
Malaysia.
3) Entry is limited to:
(a) equity participation in existing institutions
and aggregate foreign shareholding in such institutions shall not exceed 30 per 
cent;  or1), 2) None
3) None
(b)  the establishment of a branch or 
subsidiary, by a money and foreign exchange broker, registered or incorporated in Labuan.
Money and foreign exchange broking servicesby offshore entities are confined to foreigncurrencies only.
4) Unbound
For offshore money and foreign exchange
brokers, unbound except for temporarypresence of natural persons in respect ofsupply through the mode of commercialpresence.4) Unbound
For offshore money and foreign exchange
brokers, unbound except for temporarypresence of natural persons in respect of supplythrough the mode of commercial presence.S/DCS/W/MYS
Page 34Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Trading for own account or
account of customers in thefollowing:
- money market instruments
- foreign exchange- transferable securities- exchange rate and interest
rate instruments
- derivative products,
including futures andoptions
- other negotiable
instruments, includingbullion1) Dealing is limited to contracts traded on
specified exchanges abroad.
2) None3) Transactions by offshore banks and  offshore
investment banks in Labuan must be
conducted in foreign currencies, except for thesale or purchase of currencies with authorizedbanks in Malaysia.
Transactions by offshore banks and offshore
investment banks in Labuan for own accountare limited to instruments created and issuedby offshore companies in Labuan and foreigncompanies abroad.1) None
2) None
3) None
Trading for accounts of customers by offshore
banks, offshore investment banks and offshore
companies in Labuan is confined to non-resident customers and in instruments createdand issued by offshore companies in Labuanand foreign companies abroad.
Trading in shares of Malaysian companies byoffshore banks, offshore investment banksand offshore companies in Labuan is confinedto non-resident customers who are notoffshore companies registered or incorporatedin Labuan.
Only commercial banks, offshore banks andoffshore investment banks are permitted totrade in foreign currency.S/DCS/W/MYS
Page 35Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Trading for own account or
account of customers – cont`d)Trading and dealing in securities and financial
futures and derivative products other than bydesignated financial institutions requireestablishment of a locally incorporated joint-
venture company and aggregate foreign
shareholding in such company shall notexceed 30 per cent.
Trades for own account and account ofcustomers who are outside Malaysia may  be
routed to member companies of the stock
exchange for execution by a foreign stockbroking company that is incorporated inMalaysia subject to all terms and conditionswhich are being finalized.
4) For banks, unbound except as indicated in the
finance sector horizontal section.4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except as indicated inthe all-sector horizontal section.For non-banks, unbound except as indicated in
the all-sector horizontal section.S/DCS/W/MYS
Page 36Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Services related to the
issues of all kinds ofsecurities and placement asagents (whether publicly or
privately) (excluding
issuing and rating houses).1), 2) Participation in issues and services related
to such issues requires authorization.
3) Participation by offshore banks and offshore
investment banks in Labuan is limited to non-
resident customers and for issues of securities
outside Malaysia.1), 2) None
3) None
Only merchant banks are permitted to make
submissions to the Securities Commission fornew issues.
Participation by non-banks requiresestablishment of a locally incorporated joint-venture company and aggregate foreignshareholding in such company shall notexceed 30 per cent.
Unbound for appointment as principal dealers.
4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except as indicated in
the all-sector horizontal section.4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except as indicated in
the all-sector horizontal section.S/DCS/W/MYS
Page 37Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Underwriting 1) Commercial presence is required.
2) Authorization is required.3) For non-banks, only licensed dealers are
permitted to underwrite.  Entry is limited to
establishment of a locally incorporated joint-
venture company and aggregate foreignshareholding in such company shall notexceed 30 per cent.
Commercial banks are permitted to underwrite
private debt securities only.1) Unbound
2) None3) None
Offshore banks and offshore investment banksare permitted to underwrite foreign currencydenominated securities created and issued byoffshore companies in Labuan and foreign
companies abroad.
4) For commercial banks, merchant banks,
offshore banks and offshore investment banks,unbound except as indicated in the financesector horizontal section.
For non-banks, unbound except as indicated in
the all-sector horizontal section.4) For commercial banks, merchant banks,
offshore banks and offshore investment banks,unbound except as indicated in the financesector horizontal section.
For non-banks, unbound except as indicated in
the all-sector horizontal section.
Asset management as follows:
- cash or portfolio
management
- all forms of collective
investment management
- custodial and depository
services1) Commercial presence is required.
2) None3) Custodial and depository services are limited
to scrip based securities.
Asset management by offshore banks,
offshore investment banks and offshorecompanies is confined to non-resident
customers and foreign currency assets.1) None
2) None3) NoneS/DCS/W/MYS
Page 38Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Asset management – cont`d) Asset management by offshore banks,
offshore investment banks and offshorecompanies in Malaysian equities or equity-linked investments are confined to non-
resident customers other than offshore
companies incorporated in Labuan in whichresidents have shareholding.
Entry as a non-bank, other than as a ForeignFund Management Company (FFMC), is
limited to establishment of a locally
incorporated joint-venture company andaggregate foreign shareholding in suchcompany shall not exceed 30 per cent.
Provision of asset management services by a
commercial bank requires establishment of a
separate entity and shareholding by a foreign-controlled commercial bank shall not exceed30%.
Entry as an FFMC is limited to the
establishment of a company incorporated
locally with more than 50% foreignshareholding in the company and requires theapproval of the Securities Commission.Sourcing of local funds worth at least RM10million is limited to FFMCs where the
aggregate foreign shareholding is not more
than 70% and the company is managing or hasundertaken to manage funds sourced fromoutside Malaysia to the amount of at leastUSD100 million.S/DCS/W/MYS
Page 39Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Asset management – cont`d) Sourcing of local funds is limited to
institutional funds and collective investmentschemes other than unit trusts. Only tenFFMCs which have a maximum of 70%
foreign shareholding may manage the funds of
a local unit trust subject to the approval of theSecurities Commission.
4) For commercial banks and merchant banks,
unbound except as indicated in the finance
sector horizontal section.
For non-banks, unbound except as indicated in
the all-sector horizontal section.4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except as indicated in
the all-sector horizontal section.
Advisory, intermediation and
other auxiliary financial
services, including creditreference and analysis,investment advice onacquisitions, corporaterestructuring and strategy.1) Provision of investment and portfolio advice
requires commercial presence.
Services other than investment and portfolio
advice to residents must be undertaken jointlywith commercial banks or merchant banks inMalaysia.1) None
2) Services other than investment and portfolio
advice to residents must be undertaken jointlywith commercial banks or merchant banks inMalaysia.2) None
3) Entry as a non-bank is limited to:
(a) Establishment of a locally incorporated 
joint-venture company and aggregate 
foreign shareholding in such company shall not exceed 30 per cent;  or
(b) A representative office.3) NoneS/DCS/W/MYS
Page 40Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Advisory, intermediation and
other auxiliary financial services– cont`d)Representative offices (including those of
commercial banks, merchant banks andsecurities companies) are permitted toundertake research, information and liaison
services only.
Representative offices of securities companies
are not permitted to publish and circulateresearch work in Malaysia.
Offshore banks, offshore investment banksand offshore companies in Labuan can onlyprovide services to non-resident customers.
4) For banks, unbound except as indicated in the
finance sector horizontal section.4) For banks, unbound except as indicated in the
finance sector horizontal section.
For non-banks, unbound except as indicated inthe all-sector horizontal section.
For representative offices, two foreign
nationals subject to only one foreign national
for the two top posts.  Entry shall be limited to
a maximum period of five years.For non-banks, unbound except as indicated in
the all-sector horizontal section.S/DCS/W/MYS
Page 41Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Operational headquarters
(OHQ) for financial sector(Provides services tocommercial and investment
banking institutions in activities
relating to work carried out inMalaysia for its offices andrelated companies outsideMalaysia, pertaining to general
management and administration,1), 2) Unbound
∗
3) Only through a locally incorporated wholly
foreign-owned company.
A foreign-owned company, a regional office
of a foreign-owned company which transfers
its OHQ services to Malaysia, a regionaloffice of a foreign-owned companyestablished in Malaysia, and a foreign- ownedcompany which is already incorporated inMalaysia, may seek to qualify as an OHQ.1), 2) Unbound*
3) None
business planning, technical
support, marketing control and
sales promotion planning,training and personnelmanagement, provision oftreasury and fund managementservices and research and
development).An OHQ must operate in Malaysia and fulfill
the following criteria:(a) Carry out at least three of the OHQ 
service activities;
(b) Have a sizeable network of companies 
outside Malaysia which includes the 
parent company or its head office and 
related companies;
(c) Have a well established foreign-owned 
company which is sizeable in terms of assets and employees;
(d) Have a network of companies with a 
substantial number of qualified executives, professionals, technical and other supporting personnel;
(e) Be able to make decisions independently 
without consultation with its head office 
or parent company located outside 
Malaysia;
                                                          
∗ Due to lack of technical feasibility.S/DCS/W/MYS
Page 42Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Operational headquarters –
cont`d)(f) Be able to contribute to the Malaysian 
economy by:(i) Using services such as legal, 
accounting etc. provided by 
Malaysians;
(ii) Creating job opportunities for 
Malaysians;
(iii) Enabling greater inflow of 
foreign funds.
4) Unbound except as indicated in the all-sector
horizontal section.4) None
Securities broking services
comprising:
- broking services;- credit reference and
analysis;1) Trades on Malaysian stock exchanges must be
transacted through companies incorporated inMalaysia which are member companies of theexchange.1) None
- investment portfolio
management and advice;and
- market research.Promotion in Malaysia of Malaysian stocks
requires approval.
Provision of investment advisory services and
credit reference services to residents requires
commercial presence.
2) Trades on Malaysian stock exchanges must be
transacted through companies incorporated inMalaysia which are member companies of the
exchange.2) None
3) Entry is limited to recognized foreign stock
broking companies through:(a) Equity participation in an existing 
stockbroking company;  or3) None
(b) Establishment of a locally incorporated 
joint-venture company with a Malaysian stockbroking company.S/DCS/W/MYS
Page 43Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Securities broking services –
cont`d)And aggregate foreign shareholding in such
company shall not exceed 30 per cent.  Theaggregate foreign shareholding will bepermitted to be increased to 49 per cent with
effect from 1 July 2000, subject to conditions.
A foreign stockbroking company is permitted
to have shareholding in one stockbrokingcompany only.
Entry by recognized foreign stockbroking
companies is also permitted through arepresentative office.
Representative offices are permitted toundertake research, information and liaison
services only.  Representative offices are not
permitted to publish and circulate researchwork in Malaysia.
New licences subject to conditions, includinggeographical location, numerical quota and
other conditions to be determined.
4) Unbound for a stockbroking company, except
as indicated in the all-sector horizontalsection.
For representative offices, two foreign
nationals subject to only one foreign nationalfor the two top posts.  Entry shall be limited toa maximum period of five years.4) Unbound except for the categories of natural
persons referred to under market access.S/DCS/W/MYS
Page 44Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Commodity futures broking
services.1), 2) Trades on any Malaysian commodity
futures exchange must be conducted throughcompanies incorporated in Malaysia which aremember companies of the exchange.
3) Entry is limited to:1), 2) None
3) None
(a) Establishment of a locally incorporated 
joint-venture company and aggregate foreign shareholding in such company is limited to 30 per cent or any higher percentage as determined by the relevant 
authorities;  or
(b) A representative office.
Representative offices are permitted toundertake research, information and liaisonservices only.
Total membership of the exchange will be
based on economic needs.
4) Unbound except one foreign national for a
management post per establishment, subject tomarket test.4) Unbound except for the categories of natural
persons referred to under market access.
B. INSURANCE SERVICES
Direct insurance (non-life). 1) Soliciting and advertising in Malaysia are not
allowed.
Direct placement abroad of insurance of:
(a) movable or immovable property located 
in Malaysia, including any ship or aircraftregistered in Malaysia;  and1) None
(b) liability of residents to third party requires
approval. Approval will be granted if such
insurance is not available from direct 
insurance companies in Malaysia.S/DCS/W/MYS
Page 45Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Direct insurance (non-life) –
cont`d)2) Direct placement abroad of insurance of:
(a) movable or immovable property located 
in Malaysia, including any ship or aircraftregistered in Malaysia; and2) None
(b) liability of residents to third party requires
approval. Approval will be granted if such
insurance is not available from direct insurance companies in Malaysia.
3) Only permitted through direct insurance
companies.
Offshore direct insurance companies in
Labuan are not permitted to accept directinsurance of Malaysian risks.3) Branching is permitted for direct insurance
companies with aggregate foreign shareholding
of less than 50 per cent. Direct insurancecompanies are permitted to maintain theirexisting network of branches.
Unbound for special assistance to Malaysian-
owned direct insurance companies to promote
their development.
4) Unbound except as indicated in the finance
sector horizontal section.4) Unbound except as indicated in the finance
sector horizontal section.
Direct insurance (life). 1), 2) Unbound
3) Only permitted through direct insurance
companies.Investment-linked insurance business and newlife insurance products provided by directinsurance companies require approval, whichwill be based on prudential criteria.1), 2) Unbound
3) Branching is only permitted for direct insurance
companies with aggregate foreign shareholdingof less than 50 per cent.  Direct insurancecompanies are permitted to maintain theirexisting network of branches.
Offshore direct insurance companies inLabuan are not permitted to underwrite lifeinsurance of residents. This limitation does notapply to ordinary life insurance of high net
worth residents.Unbound for special assistance to Malaysian-
owned direct insurance companies to promotetheir development.
4) Unbound except as indicated in the finance
sector horizontal section.4) Unbound except as indicated in the finance
sector horizontal section.S/DCS/W/MYS
Page 46Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Reinsurance and
retrocession (non-life).1), 2) Outward reinsurance is permitted only if 
local capacity is not available.1), 2) Voluntary cession up to 30 per cent of each
class of non-life reinsurance business to theMalaysian National Reinsurance Berhad.
Unbound for fiscal incentives to promote 
reinsurance in Malaysia.
3) Obligation on all insurers other than offshore
direct insurance and offshore reinsurancecompanies to optimise national retention
capacity before any outward reinsurance.3) Unbound for measures granting special position
to Malaysian National Reinsurance Berhad.
Seven new licences for non-life reinsurancebusiness within 10 years ending 30 June 2005.
Entry is through the establishment of a
balanced distribution of branches and locally
incorporated joint-venture companies, subjectto the following conditions:
(a) Priority will be given to foreign reinsurers
from the top 100 world reinsurers which:
(i) Have long presence in Asia and ability to 
procure sufficient business for their 
branch/joint-venture company;  or
(ii) Are from countries or regions having no 
representation in Malaysia, provided they bring in special expertise.
(b) For entry through branches, priority will 
be given to foreign reinsurers which 
intend to base their regional headquarters in Malaysia.
(c) For entry through joint-ventures, priority 
will be given to those joint-ventures 
which have business plans to operate 
regionally.S/DCS/W/MYS
Page 47Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Reinsurance and retrocession
(non-life) – cont`d)(d) The branch or joint-venture company 
must undertake to comply with the national objectives of achieving optimum retention of local risks, local participation 
in the management of the branch or joint-
venture company and transfer of technicalexpertise to the local market.
(e) Aggregate foreign shareholding in the 
joint-venture company shall not exceed 49 per cent.
(f) Priority will be given to joint-venture with
a local partner which:
(i) has a minimum shareholders' 
funds of at least RM3 billion;
(ii) is a leading institution with 
diversified business activities 
within its group;  or
(iii) has a good track record of 
managing a substantial insuranceportfolio.
Aggregate foreign shareholding in the
Malaysian National Reinsurance Berhad shall
not exceed 30 per cent.
Entry as an offshore reinsurance company is
confined to Labuan.
4) Unbound except for:
(a) Two senior managers for each institution 
are permitted.
A senior manager is an individual possessing
proprietary knowledge and authority essential
to the establishment, control and operation ofthe services of the financial service supplier.4) Unbound except as indicated in the finance
sector horizontal section.
For offshore reinsurance companies, unbound
except as indicated in the finance sector
horizontal section.S/DCS/W/MYS
Page 48Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Reinsurance and retrocession
(non-life) – cont`d)(b) Three specialists or experts for each 
institution are permitted.
Specialists or experts are individuals whopossess knowledge and expertise relating to
new products and services, technique or
management of the financial service supplier.
(c) Entry shall be limited to a maximum 
period of five years.
For offshore reinsurance companies, unbound
except as indicated in the finance sectorhorizontal section.
Reinsurance and
retrocession (life).1), 2) Outward reinsurance is permitted only if
local capacity is not available.
3) National retention capacity is required to be
optimised before any outward reinsurance by:1), 2) Unbound for fiscal incentives to promote
reinsurance in Malaysia.
3) None
(a) direct life insurance and life reinsurance 
companies in Malaysia;  and
(b) offshore direct life insurance and offshore
life reinsurance companies which are 
permitted to insure or reinsure life insurance of high net worth residents.
Six new licences for life reinsurance businesswill be issued up to 30 June 2005.
Entry is through the establishment of abalanced distribution of branches and locallyincorporated joint-venture companies, subjectto the following conditions:S/DCS/W/MYS
Page 49Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(Reinsurance and retrocession
(life) – cont`d)(a) Priority will be given to foreign reinsurers
from the top 100 world reinsurers which:(i) have branch offices in Malaysia;
(ii) have long presence in Asia and 
ability to procure sufficient 
business for their branch or joint-
venture company;  or
(iii) are from countries or regions 
having no representation in Malaysia, provided they bring in 
special expertise.
(b) For entry through branches, priority will 
be given to foreign reinsurers which intend to base their regional headquarters in Malaysia.
(c) For entry through joint-ventures, priority 
will be given to those joint-ventures 
which have business plans to operate regionally.
(d) The branch or joint-venture company 
must undertake to comply with the national objectives of achieving optimum 
retention of local risks, local participation 
in the management of the branch or joint-venture company and transfer of technicalexpertise to the local market.
(e) Aggregate foreign shareholding in the 
joint-venture company shall not exceed 
49 per cent.
(f) Priority will be given to joint-venture with
a local partner which:(i) has a minimum shareholders' 
funds of at least RM3 billion;  or
(ii) is a leading institution with 
diversified business activities within its group.S/DCS/W/MYS
Page 50Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Aggregate foreign shareholding in the
Malaysian Life Reinsurance Group Berhadshall not exceed 30 per cent.
Entry as an offshore reinsurance company is
confined to Labuan.
4) Unbound except for:
(a) Two senior managers for each institution 
are permitted.
A senior manager is an individual 
possessing proprietary knowledge and authority essential to the establishment, control and operation of the services of the financial service supplier.4) Unbound except as indicated in the finance
sector horizontal section.
For offshore reinsurance companies, unbound
except as indicated in the finance sectorhorizontal section.
(b) Three specialists or experts for each 
institution are permitted.
Specialists or experts are individuals who possess knowledge and expertise relating to new products and services, technique or management of the financial service supplier.
(c) Movement of a senior manager, specialist 
or expert can be through intra-corporate transfers or otherwise.
(d) Entry shall be limited to a maximum 
period of five years.
For offshore reinsurance companies, unboundexcept as indicated in the finance sectorhorizontal section.S/DCS/W/MYS
Page 51Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Insurance intermediation -
insurance broking(excluding agency).1), 2) Direct insurance broking services can
only be provided to offshore companies inLabuan.
Reinsurance broking is permitted.1), 2) None
3) Unbound for onshore insurance broking.
Broking of direct insurance of Malaysian risks
by offshore insurance brokers is not permitted.
This limitation does not apply to broking of
reinsurance of Malaysian risks.
4) Unbound except as indicated in the finance
sector3) None
4) Unbound except as indicated in the finance
sector horizontal section.
Insurance intermediation -insurance underwriting andinsurance management.1), 2) Insurance underwriting and insurance 
management are not permitted.
3) Unbound for onshore insurance underwriting
and insurance management.
An offshore insurance underwriting manager
is not permitted to provide services to any
person other than offshore insurancecompanies in Labuan.1), 2) None
3) None
An offshore insurance manager is permitted to
provide insurance management services to
persons other than residents.
4) Unbound except as indicated in the finance
sector horizontal section.4) Unbound except as indicated in the finance
sector horizontal section.S/DCS/W/MYS
Page 52Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Services auxiliary to insurance,
as follows:(a) Consultancy (excludes
insurance agency services
to insurance industry)
(b) Actuarial risk assessment(c) Risk management(d) Maritime loss adjusting.1) Actuarial services can only be provided to
offshore insurance companies and offshorereinsurance companies in Labuan.
2) None
3) Limited to the establishment of:
(a) Locally incorporated companies;(b) Branches;  or(c) Partnerships.
Offshore companies are not permitted to
provide services to Malaysian residents.
4) Unbound except for temporary presence of
natural persons in respect of supply throughthe mode of commercial presence.1) None
2) None
3) None
4) Unbound except for temporary presence of
natural persons in respect of supply through themode of commercial presence.
8. HEALTH RELATED AND
SOCIAL SERVICES
Hospital Services
Private hospital services
(CPC 93110*)1), 2) None
3) Economic needs test;
Only through a locally incorporated joint-
venture corporation with Malaysianindividuals or Malaysian-controlledcorporations or both and aggregate foreign
shareholding in the joint-venture corporation
shall not exceed 30 per cent; and1), 2) None
3) Establishment of feeder outpatient clinics is not
permitted
The joint-venture corporation shall operate ahospital with a minimum of 100 beds
4) Unbound except as indicated in the horizontal
section4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 53Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
9. TOURISM AND TRAVEL
RELATED SERVICES
Hotel, tourist resort and
restaurant services
covering the managementand operation of hotels orresorts, including outletswhich may not necessarilyinclude ownership of such
properties
1. (CPC 641, 642, 643)
2. (CPC 87909)1) Unbound due to lack of technical feasibility
2) None
3) Entry for service activities under CPC 641,
642, 643 is permitted only through a locallyincorporated joint-venture corporation withMalaysian individuals or Malaysian-controlled corporations or both and aggregate
foreign shareholding in the joint- venture
corporation shall not exceed 30 per cent;  orEntry for service activity under CPC 87909 ispermitted only for the purposes of servicescontract awarded in Malaysia andimplemented through a branch
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Travel agency and tour
operator services
(CPC 7471)1) Unbound due to lack of technical feasibility
2) None3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlledcorporations or both and aggregate foreignshareholding in the joint-venture corporationshall not exceed 30 per cent; and1) Unbound due to lack of technical feasibility
2) None3) None
Establishment of another office requiresadditional licence
4) Unbound except as indicated in 1 (a) in the
horizontal section4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 54Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
10. RECREATIONAL,
CULTURAL ANDSPORTING SERVICES
Other entertainment
services (CPC 96191,
96192, 96194)1) Unbound due to lack of technical feasibility
2) None
3) Entertainment services may be supplied only
by a natural person
4) Unbound except as indicated in 2 (a) in the
horizontal section1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Participation of Malaysian entertainers/artistes
may be required based on the guidelines of theMinistry of Culture, Arts and Tourism
Sports events management
services
(CPC 96411, 96412)1) Unbound due to lack of technical feasibility
2) None
3) Only through a Malaysian-controlled
corporation acting as the local sponsor
4) Unbound except as indicated in 2 (a) in the
horizontal section1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 55Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
11. TRANSPORT SERVICES
International Maritime
Transport Services
- excludes cabotage
(CPC 7211, 7212)1), 2) None 1), 2) None
- excludes government 
cargo3) Only through a representative office, regional
office or locally-incorporated joint- venturecorporation with Malaysian individuals or
Malaysian-controlled corporations or both and
aggregate foreign shareholding in the joint-venture corporation shall not exceed 30 percent3) None The following services at
the port are made availableto international maritime
transport suppliers on
reasonable and non-discriminatory terms andconditions:
1) Pilotage
2) Towing and tug
assistance
3) Provisioning, fuelling
and watering
Malaysian registered vessels
To register a vessel in Malaysia, the followingconditions must be met:4) Garbage collection
and ballast waste
disposal
5) Port Captain's services6) Navigation aids
(1) Owner of that vessel must be a Malaysian 
citizen or corporation incorporated in Malaysia;
(2) Majority shareholding to be held by 
Malaysians;
(3) Majority of the board of directors to be 
Malaysians; and
(4) Principal place of business to be in 
Malaysia.7) Shore-based
operational servicesessential to ship
operations, including
communications,water and electricalsupplies
8) Emergency repair
facilities
9) Anchorage, berth and
berthing servicesS/DCS/W/MYS
Page 56Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
4) Unbound except as indicated in 1 (a) and (b)
and 2 (c) in the horizontal section. Formanning vessels, ratings is permitted up to 25per cent. Ship crew is permitted to disembark
only for duration of berth.4) Unbound except for the categories of natural
persons referred to under market access
Maritime agency services
covering marketing and
sales of maritime transport
and related services and
acting on behalf of thecompanies organizing thecall of the ship or takingover cargoes when required(CPC 7454*)1), 2) None
3) Only through a representative office, regional
office or locally-incorporated joint- venturecorporation with Malaysian individuals or
Malaysian-controlled corporations or both and
Bumiputera  shareholding in the joint-venturecorporation of at least 30 per cent
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) and (c) in the horizontal section1), 2) None
3) None
4) Unbound except for the categories of natural
persons referred to under market access
Vessel salvage andrefloating services excepton inland waters (CPC74540)1), 2) None
3) Only through a representative office, regional
office or locally-incorporated joint-venturecorporation with Malaysian individuals orMalaysian-controlled corporations or both and
Bumiputera shareholding in the joint-venture
corporation of at least 30 per cent1), 2) None
3) None
4) Unbound except as indicated in 1 (a) and (b)
and 2 (a) in the horizontal section4) Unbound except for the categories of natural
persons referred to under market accessS/DCS/W/MYS
Page 57Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
12. OTHER SERVICES
Skills training services
covering the provision of
training for technical,
supervisory and productionrelated functional levels innew and emergingtechnologies as follows:1), 2) None
3) Only through a locally incorporated joint-
venture corporation with Malaysian
individuals or Malaysian-controlled
corporations or both and aggregate foreignshareholding in the joint-venture corporationshall not exceed 30 per cent; and1), 2) None
3) None
1) automated 
manufacturing technology;
2) advanced materials 
technology;Establishment of local branches requires
additional licenses
4) Unbound except as indicated in the horizontal
section4) Unbound except for the categories of natural
persons referred to under market access
3) biotechnology;4) electronics;5) information 
technology; and
6) avionics/aviation 
technology
(CPC 97090)S/DCS/W/MYS
Page 58
ANNEX I
Annex to Additional Commitments on Telecommunication Services
Principles Procedural Requirements
1. Competition safeguards The regulatory body must take measures to:
- Maintain fair competition among network operators;
- Safeguards the interest of consumers;
2. Universal Service - Ensure that network operators contribute to Universal Service
Obligation particularly the extension of services into rural andother undeserved areas as stipulated in the licences;
3. Public availability of licensing criteria -  To advise other network operators on the licensed status of each
network operator including terms and conditions pertaining tothe operator's licence which govern the right of the licensee tointerconnect with operators;
4. Independent regulator  To exercise its functions with respect to the conduct of
telecommunications operators and the running oftelecommunications services in Malaysia as provided for underSection 3B of the Telecommunications Act;
5. Interconnection arrangements To ensure that the following principles pertaining to interconnection
arrangements are adhered to:
- Interconnection and access between network operators shall be
on an equitable and non-discriminatory basis;
- Charges for interconnection facilities and services provided by
network operators shall be fair and equitable;
- The technical qualities of interconnect facilities and services
provided by network operators shall be of no less quality thanthat provided by them within their own networks;
- A domestic network operator in any of the market segments
shall not abuse its market power to limit access to essentialfacilities only for interconnection;
- The network operator that provides the access connection to the
customer should be allowed to tell him (the customer);
- No cross-subsidies should be allowed between carriers whereby
one carrier has to bear an inequitable share of the UniversalService Obligation burden where the said share is notproportional  to its market share.
_______________S/DCS/W/MYS
Page 59MALAYSIA – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating  the need for
the exemption
All Sectors Liberalization of measures
affecting movement of foreign
semi-skilled and unskilled
workers into Malaysia may becarried out in a differentiatedmanner based on reasonsincluding proximity, either
contiguous or regional, religious
and/or cultural compatibilityAll countries Indefinite The measure is required to:
(1) maintain the arrangements
under existing bilateralagreements;  and
(2) ensure that the movement of
foreign semi-skilled and
unskilled workerscontributes to the socialstability and industrialharmony in Malaysia
All sectors Waiver of measures in existing
or future policies limiting
foreign equity or interests incompanies and businesses inMalaysia shall be carried out ina preferential and differentiatedmannerAll countries Indefinite The measure would be applied in a
differentiated manner to those
investments that match Malaysia'sspecific development requirementswith the abilities and facilitiesprovided by foreign enterprises andtheir home countries.  The objective
is to maximize economic benefits of
foreign participation in the Malaysianeconomy.
Advertising services 20 per cent foreign content
limitation for advertising is
waived for these countriesBrunei Darussalam
Indonesia
PhilippinesSingaporeThailand5 years The measure is required to promote
intra-ASEAN tourism
__________