WT/REG277/4  
21 December 2023  
(23-8783) Page: 1/64 
Committee on Regional Trade Agreements    
 
 
FACTUAL PRESENTATION  
FREE TRADE AGREEMENT BETWEEN JAPAN AND THE MEMBER STATES OF THE ASSOCIATION OF  
SOUTHEAST ASIAN NATIONS (ASEAN), SERVICES  
Report by the Secretariat  
This report, prepared for the consideration of the Free Trade Agreement between  Japan 
and the Member States of the Association of Southeast Asian Nations (ASEAN), 
Services , has been drawn up by the WTO Secretariat  on its own responsibility and in 
full cons ultation with the Parties. The factual presentation reproduces as closely as 
possible the terminology used in the Agreement and in the comments provided and 
does not imply official endorsement or acceptance by the Secretariat of such 
terminology. The repor t has been drawn up in accordance with the rules and procedures 
contained in the Decision for a Transparency Mechanism for Regional Trade Agreements 
(WT/L/671 ) and thus does not imply any value judgement by the Secretariat regarding 
the contents of the Agreement.  
Any technical questions arising from this report may be addressed to Alena Fiorentino 
(tel: +41 22 739 6405 ). Any statistical questions arising from this report may be 
addressed to Pamela Bayona  (tel: +41 22 739 5016). 
 
 
  WT/REG 277/4 
 
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  Table o f Contents  
 
1   TRADE ENVIRONMENT  ................................ ................................ ................................ . 4 
1.1   Trade in services and investment  ................................ ................................ .................  5 
2   CHARACTERISTIC ELEMENTS OF THE PROTOCOL  ................................ ........................  7 
2.1   Background information  ................................ ................................ .............................  7 
2.2   Structure of the Protocol  ................................ ................................ .............................  8 
3   PROVISIONS ON TRADE IN SERVICES  ................................ ................................ .........  9 
3.1   Scope and Definitions  ................................ ................................ ................................ . 9 
3.2   Denial of Benefits  ................................ ................................ ................................ ...... 9 
3.3   General Provisions on Trade in Services  ................................ ................................ ....... 10 
3.3.1   Market access  ................................ ................................ ................................ ....... 10 
3.3.2   National and MFN treatment  ................................ ................................ ....................  10 
3.3.3   Commercial presence  ................................ ................................ .............................  10 
3.3.4   Performance requirements  ................................ ................................ ......................  10 
3.3.5   Senior Management and Board of Directors  ................................ ...............................  11 
3.3.6   Movemen t of natural persons  ................................ ................................ ..................  11 
3.4   Liberalization Commitments  ................................ ................................ .......................  13 
3.4.1   Overview  ................................ ................................ ................................ ..............  13 
3.4.2   Sector -specific commitments  ................................ ................................ ...................  15 
3.5   Regulatory Provisions  ................................ ................................ ................................  17 
3.5.1   Domestic regulation  ................................ ................................ ...............................  17 
3.5.2   Recognition  ................................ ................................ ................................ ...........  18 
3.5.3   Subsidies  ................................ ................................ ................................ ..............  18 
3.5.4   Safeguards  ................................ ................................ ................................ ...........  18 
3.5.5   Other  ................................ ................................ ................................ ...................  18 
3.6   Sector -Specific Provisions  ................................ ................................ ..........................  20 
3.6.1   Telecommunications services  ................................ ................................ ...................  20 
3.6.2   Financial services  ................................ ................................ ................................ ... 21 
4   GENERAL PROVISIONS OF THE AGREEMENT  ................................ .............................  22 
4.1   Transparency  ................................ ................................ ................................ ...........  22 
4.2   Current payments and capital movements  ................................ ................................ .... 22 
4.3   Exceptions  ................................ ................................ ................................ ...............  22 
4.3.1   General exceptions  ................................ ................................ ................................  22 
4.3.2   Security exceptions  ................................ ................................ ................................  22 
4.3.3   Taxation  ................................ ................................ ................................ ...............  22 
4.3.4   Safeguards for balance of payments reasons  ................................ .............................  23 
4.4   Accession and withdrawal  ................................ ................................ ..........................  23 
4.5   Institutional framework  ................................ ................................ .............................  23 
4.6   Dispute settlement  ................................ ................................ ................................ ... 23 
4.7   Relationship with other agreement s concluded by the Parties  ................................ ..........  23 WT/REG 277/4  
 
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  4.8   Government procurement  ................................ ................................ ..........................  24 
4.9   Intellectual property rights  ................................ ................................ .........................  24 
4.10   Competition  ................................ ................................ ................................ ...........  24 
4.11   Environment  ................................ ................................ ................................ ..........  24 
4.12   Labour  ................................ ................................ ................................ ..................  24 
4.13   Electronic commerce  ................................ ................................ ...............................  25 
4.14   Small and medium -sized enterprises  ................................ ................................ .........  25 
ANNEX 1  ................................ ................................ ................................ ........................  26 
ANNEX 2  ................................ ................................ ................................ ........................  60 
ANNEX 3  ................................ ................................ ................................ ........................  62 
 
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Key Facts  
  
Parties to the Agreement:  ASEAN Member States (Brunei Darussalam, 
Cambodia, Indonesia, Lao People's Democratic 
Republic, Malaysia, Myanmar, the Philippines, 
Singapore, Thailand and Viet Nam) and Japan.  
 
  
Date of Signature:  27 February 2019 (Japan), 2 March 2019 (Brunei 
Darussalam, Cambodia, Indonesia, Lao People's 
Democratic Republic, Malaysia, Myanmar, the 
Philippines, Singapore and Thailand),  24 April 2019 
(Viet Nam).  
  
Date of Entry into Force:  1 August 2020 (Japan, Lao People's Democratic 
Republic, Myanmar, Singapore, Thailand and Viet 
Nam), 1 October 2020 (Brunei Darussalam), 1 
February 2021 (Cambodia), 1 May 2021 (the 
Philippines), 1 June 2021 (Malaysia), 1 February 
2022 (Indonesia).  
  
Date of Notification:  11 November 2022  
  
Full implementation:  1 February 2022  
 
 
1  TRADE ENVIRONMENT  
1.1.  The Agreement on Comprehensive Economic Partnership among Japan and Member States of 
the Association of Southeast Asian Nations (ASEAN) (hereafter referred to as "the  AJCEP  
Agreement") was signed in 2008  and covered goods only.1 In 2019, the Parties signed a First Protocol 
to Amend the AJCEP Agreement , which deals with liberalization of trade in services and investment 
(hereafter referred to as "the Protocol").  
1.2.  This factual presentation covers only the services aspects as the goods aspec ts of the 
Agreement were considered by the Committee of Regional Trade Agreements (CRTA) in July  2020.2 
1.3.  The Parties' ranking in world trade  in services is in Table 1.1. Singapore and Japan are the two 
largest trade rs of services, while the smallest is Lao PDR. 
Table 1.1 Japan  and ASEAN members: Services  Trade Profiles  2021  
 Exports  Imports  
Value 
(USD 
million)  Share in 
World 
Total (%)  Ranka Value  
(USD 
million)  Share in 
World 
Total (%)  Ranka 
Japan  163 996  2.74 7 205 204  3.70 6 
ASEAN        
Brunei Darussalam  194 0.00 136 880 0.02 118 
Cambodia  648 0.01 104 2 088  0.04 81 
Indonesia  13 581  0.23 29 28 661  0.52 25 
Lao PDR  125 0.00 146 252 0.00 146 
Malaysia  20 793  0.35 24 35 316  0.64 21 
Myanmar  2 081  0.03 77 1 782  0.03 91 
Philippines  33 605  0.56 19 19 046  0.34 29 
Singapore  229 552  3.83 6 223 356  4.03 5 
Thailand  24 176  0.40 22 65 242  1.18 13 
 
1 See Notification  WT/REG277/N/1 , WT/REG277/N/2  and WT/REG277/N/3 .  
2 See document WT/REG277/M/1 . WT/REG 277/4  
 
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   Exports  Imports  
Value 
(USD 
million)  Share in 
World 
Total (%)  Ranka Value  
(USD 
million)  Share in 
World 
Total (%)  Ranka 
Viet Nam  3 498  0.06 62 19 215  0.35 28 
a  excluding intra -EU trade.  
Source:  WTO Secretariat Trade Profiles (2022) . 
 
1.1  Trade in services and investment  
1.4.  Chart 1. 1 shows the evolution of global and bilateral trade in commercial services during the 
period 2011 -2020 for ASEAN, as a group, and Japan . Both partners experienced a sharp reduction 
in trade, due to the COVID -19 pand emic, in the last two years of the period. While Japan  had a 
deficit  in its global services trade, ASEAN's trade balance moved from a deficit to a surplus between 
2015 and 2020 .  
Chart 1.1 ASEAN and Japan: Global trade in commercial services, 2011 -2020  
 
Source:  WTO Statistics Database (for ASEAN) and Japanese authorities.  
1.5.  Chart 1. 2 shows the sectoral decomposition of imports and exports for ASEAN, as a group, an d 
Japan  (averaged for the period 2018 -2020). For ASEAN, transport, other business services and travel 
were the most traded services sectors, both for imports and exports, while, for Japan  the most 
traded services sectors were other business services, trans port and intellectual property 
(for imports) and other business services, travel and intellectual property (for exports).  
WT/REG 277/4 
 
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  Chart 1.2 ASEAN and Japan: Commercial services trade with world, by category (average 
2018 -2020)  
 
Note:  ASEAN has no commercial trade in services in 2020 for Lao PDR and Viet Nam.  
Source:  WTO Stat istics Database  (for ASEAN) and Japanese authorities.  
1.6.  Chart s 1.3 and 1.4 show ASEAN's  and Japan 's foreign  direct  investment  (FDI)  stocks and flows 
with the world between 2010 and 2020. ASEAN remained a net recipient of inward investment during 
this period , while  Japan was a net investor  with outflows peaking in 2019 both globally and to ASEAN  
(Chart 1.5) .  
Chart 1.3 ASEAN: FDI stock and flow with world, 2010 -2020  
 
Source:  UNCTADStat.  
WT/REG 277/4  
 
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  Chart 1.4 Japan: FDI stock and flow with world, 2010 -2020  
 
Source:  UNCTADStat.  
Chart 1.5 Japan: FDI stock and flow with ASEAN, 2017 -2021  
 
Source:  Japanese authorities.  
2  CHARACTERISTIC ELEMENTS OF THE PROTOCOL  
2.1  Background information   
2.1.  The Protocol  was signed by all the Parties between 2 7 February  and 24 April 20 19. It entered 
into force, depending on the Party, between 1 August 2020  and 1 February  2022. It was notified to 
the WTO by the Parties on 11 November 2022 under Article V:7(a) of th e GATS ( S/C/N/1117 ).  
2.2.  The text of the Protocol along with its annexes is available on Japan's website and well as on 
the ASEAN website:  
Japan : https://www.mofa.go.jp/policy/economy/fta/page23e_000570.html  
ASEAN : https://asean.org/wp -content/uploads/2012/05/AJCEP -Prtcl-CTC.pdf   
 
WT/REG 277/4 
 
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  2.3.  Table 2. 1 lists RTAs in force and notified to the WTO that each Party has with one or more of 
the other Parties (hereinafter referred to as "overlapping  RTAs") including the Protocol. The table 
also indicates whether the agreements cover trade in goods and services. The number of overlapping 
RTAs varies between the Parties with Japan  having the largest proportion of overlapping RTAs.  
Table 2. 1 List of ov erlapping RTAs as of 15 December  2023  
Note:  Only RTAs in force and notified to the WTO as of 2 October 2 023. The coverage of RTAs is as notified 
by the Parties.   
Source:  WTO Secretariat. Further information on RTAs notified and on specific dates of entry into 
force/provisional applications may be found in the WTO Database on RTAs: http://rtais.wto.org . 
2.2  Structure  of the Protocol  
2.4.  The Protocol  contains 8 Articles and five appendices  which form an integral part of the Protocol  
(Box 2.1). Its provisions are incorporated into and made part of the AJCEP Agreement.  
Box 2.1 Structure of the Protocol  
Preamble   
Article  1 References to the Union of Myanmar  
Article  2 Incorporation of New Annexes and Amendment to the Table of Contents of the AJCEP 
Agreement  
Article  3 Amendment to Chapter 1 (General Provisions) of the AJCEP Agreement3  
Article  4 Amendment to Chapter 6 (Trade in Services) of the AJCEP Agreement  
Article  5 Incorporation of Chapter 6 bis (Movement of Natural Persons) into the AJCEP Agreement  
Article  6 Amendment to Chapter 7 (Investment) of the AJCEP Agreement  
Article  7 Amendment to Chapter 10 (Final Provisions) of the AJCEP Agreement  
Article  8 Entry into Force  
Appendix  1 Table of Contents  
Appendix  2 Annex 6: Schedule of Specific Commitments  
Appendix  3 Annex 7 : Lists of Most -Favoured -Nation Treatment Exemptions  
Appendix  4 Annex 8 : List of the Parties in relation  to paragraph 3 of Article 50.3  
Appendix  5 Annex 9: Specific Commitments for the Movement of Natural Persons  
Source:  WTO Secretariat, based on the Protocol . 
 
3 This concerns the replacement of Article 8 (security exceptions) and modifications to Article 11 (Joint 
Committee) of the AJCEP Agreement.  Agreement  
Japan  
Brunei 
Darussalam  
Cambodia  
Indonesia  
Lao PDR  
Malaysia  
Myanmar  
Philippines  
Singapore  
Thailand  
Viet Nam  
ASEAN – Japan (G&S)  X X X X X X X X X X X 
Comprehensive and Progressive Agreement for 
Trans -Pacific Partnership (CPTPP) (G&S)  X X    X   X  X 
Lao People's Democratic Republic – Thailand 
(G)     X     X  
Japan -Viet Nam (G&S)  X          X 
Japan – Philippines (G&S)  X       X    
Brunei Darussalam – Japan (G&S)  X X          
Japan – Indonesia (G&S)  X   X        
Japan – Thailand (G&S)  X         X  
Japan – Malaysia (G&S)  X     X      
Japan – Singapore (G&S)  X        X   WT/REG 277/4  
 
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  3  PROVISIONS ON TRADE IN SERVICES  
3.1.  Articles 4, 5 and 6 of the Protocol amend Chapters 6 and 7 of the AJCEP Agreement with the 
provisions covering respectively tra de in services, movement of natural persons and investment. 
They are complemented by supplementary provisions on financial and telecommunications services 
(Annexes A and B to Chapter 6) and by the Parties' schedules of commitments in Appendices 2 -5 of 
the Protocol  (incorporated to the AJCEP Agreement as Annexes 6 -9). 
3.1  Scope and Definitions  
Amended Chapter 6 applies to measures4 affecting trade in services by a Party and covers 
GATS modes of supply 1 -4.5 It does not apply to: (a) Government procurement; (b) cabotage in 
maritime transport services; and (c) air transport services with some exceptions .6 Supplementary 
provisions on  financial and telecommunications services are in Annexes A and B, respectively, to 
amended Chapter 6.  
Incorporated Chapter 6 bis applies to measures affecting the movement of natural persons of 
a Party who enter the territory of another Party and who fall  under one of the following categories: 
(a) short -term business visitors; (b) intra -corporate transferees; (c) contractual service suppliers; 
(d) investors; and (e) other categories as may be specified in Appendix 5 to the Protocol 
(incorporated  as Annex 9  to the AJCEP Agreement) (incorporated Article s 50 bis.2 and 50 bis.4). 
Further details on incorporated Chapter 6 bis are in section 3.3.6 of this factual presentation.  
Incorporated Chapter 7 covers investment and applies to measures adopted or maintained by 
a Party  at the central, regional or local governments and authorities  relating to (a) investors7 of 
other Parties  or (b) covered investments .8 It does not apply to (a) Government procure ment; (b) 
subsidies or grants provided by a Party ; (c) services supplied in the exercise of governmental 
authority; (d) claims arising out of events which occurred prior to the date of entry into force of the 
Protocol; and (e) measures adopted or maintaine d by a Party affecting trade in services  and 
movement of natural persons  (incorporated Article 51.1). Further details on incorporated Chapter  7 
are in section 3.5.5.2 of this factual presentation.  
3.2  Denial of Benefits  
A Party may deny the benefits of  the trade in services Chapter  if (i) the service  is supplied from 
or in the territory of a non -party; (ii) in the case of the supply of a maritime transport service, the 
service is supplied by a vessel registered in a non -party and by  a person of a non -party which 
operates and/or uses the vessel in whole or in part ; and (c) a service supplier that is a juridical 
person9 and not a services supplier of another Party  (incorporated Article 50.26  of Chapter 6 , 
Article  4 of the Protocol).   
A Party may also deny benefits of the Chapter on investment if the investor (or its investments) 
of another Party is owned or controlled by an investor of a non -party and the denying Party (a) does 
not maintain diplomatic relations with the non -party, or (b) adopts or maintains measures with 
 
4 Including taxation measures to the extent covered by the GATS  (incorporated Article 50.1(i)  of 
Chapter 6 , Article 4 of the Protocol).  
5 Incorporated Articles 50.1 and 50.2 of Chapter 6, Article 4 of the Protocol . 
6 Such as  aircraft repair and maintenance services; the selling and marketing of air transport services;  
computer reservation system services  (incorporated Article 50.2  of Chapter 6 , Article 4 of the Protocol ). 
7 An investor of a Party means  a natural or juridical person of a Party, that seeks to make, is making, or 
has made investments in the territory of another Party . It is understood by the Parties that an investor of a Party 
that "seeks to make " investments refers to an investor of a Par ty that has taken active steps to initiate a 
notification or approval process, where applicable, for making an investment for a permit or licence which 
authorises the investor to establish investments (incorporated Article 51.2).  
8 A covered investment mea ns, with respect to a Party, an investment in its territory of an investor of 
another Party in existence as of the date of entry into force of the First Protocol or established, acquired or 
expanded thereafter, and which, where applicable, has been admitte d, according to its laws, regulations and 
national policies. In the case of Thailand, incorporated Chapter 7 applies to covered investments which, where 
applicable, have been specifically approved in writing for protection by the competent authorities, in accordance 
with its laws, regulations and national policies (incorporated Article 51.2). 
9 A juridical person of another Party must be engaged in substantive business operations in the territory 
of that other Party or any other Party ( incorporated Article 50.1(g)  of Chapter 6 , Article 4 of the Protocol).  WT/REG 277/4 
 
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  respect to the non -party that prohibit transactions with the juridical person or that would be violated 
or circumvented if the benefits of incorporated Chapter 7 were accorded to the juridical person or to 
its investmen ts. Moreover, a  Party may deny the benefits of incorporated Chapter 7 to an investor 
of another Party if the juridical person is owned or controlled by an investor of a non -party or of the 
denying Party and the juridical person has no substantive business operations10 in the territory of 
that latter Party (incorporated Article 51.21) .11 
3.3  General Provisions on Trade in Services  
3.3.1   Market access  
3.7.  Article 50.17 of Chapter 6 (trade in services)  lists the limitations on market access that the 
Parties cannot adopt or maintain unless otherwise specified in their respective schedules of specific 
commitments in Annex 6 to the AJCEP Agreement  (Article 4 of the Protocol) . They generally mirror 
those in  Article XVI of the GATS.  
3.3.2   National and MFN treatment  
3.8.  The Parties will grant MFN and national treatment  to services and service providers of other 
Parties,  under specified conditions  (incorporated Article s 50.3 and 50.18  of Chapter 6 ).  
3.9.  National treatment is also to be granted to  investors of another Party and their covered 
investments for establishment, acquisition, expansion, management, conduct, operation and sale or 
other disposition of investments in its territory , with some reservations  (incorporated Article s 51.3 
and 51.23 of Chapter 7 ). The application of national treatment provisions is subject to the Work 
Programme set in incorporated Article 51. 23 (see section 3.5.5.2 below ), which also provides for the 
Parties to enter into discussions with a view to agreeing on the application of MFN treatment to 
investors and their covered investments . 
Japan's MFN exemptions  are set in Appendix 3 to the Protocol (incorporated Annex 7 to th e 
AJCEP Agreement) . The  ASEAN Member States12 are exempted from MFN provisions under the 
amended Chapter 6 (trade in services). Any decision to accord MFN treatment to another Party is  to 
be considered on a best -endeavour basis and not subject to dispute s ettlement procedures in 
Chapter 9 (settlement of disputes) of the AJCEP Agreement .13  
3.3.3   Commercial presence  
3.11.  As under Article XXVIII(d) of the GATS, incorporated Article 50.1 of Chapter 6 defines  
"commercial presence" as any type of business or professional establishment, including through 
(i) the constitution, acquisition or maintenance of a  juridical person14; or ( ii) the creation or 
maintenance of a branch or a representative office within the territory of a Party for the purposes of 
supplying a service  (Article 4 of the Protocol) .  
3.3.4   Performance requirements  
Incorporated Chapter 7 (investment) prohibits the imposition or enforcement of performance 
requirements on the establishment, acquisition, expansion, management, con duct, operation or sale 
or other disposition of investments in the territory of a Party of an investor of another Party. Detailed 
provisions and applicable exceptions are found in  incorporated Article 51.5 , whose application is 
subject to the Work Programm e in the incorporated Article 51. 23 (see section 3. 5.5.2 below).  
 
10 There is no definition for "substantial business opera tions". 
11 Specific provisions apply for the Philippines.  
12 As specified in Appendix 4 and incorporated in the AJCEP Agreement as Annex 8. 
13 Please, s ee Section 4.6 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 .  
14 As under Article XXVIII(l) of the GATS, a "juridical person " means any legal entity duly constituted or 
otherwise organised under applicable law, whether for profit or otherwise, and whether privately or government -
owned, in cluding any corporation, trust, partnership, joint venture, sole proprietorship or association 
(incorporated Article 50.1(f)  of Chapter 6 , Article 4 of the Protocol).  WT/REG 277/4  
 
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  3.3.5   Senior Management and Board of Directors  
The Parties cannot impose nationality requirements for senior management positions of a 
juridical person  that is a covered investment, but may require  that a majority of its board of 
directors, or any committee thereof,  be of a particular nationality or resident in the territory of the 
Party, provided that the requirement does not materially impair the ability of the investor to exercise 
control over its investment (incorporated Article 51.6). 
The application of senior management and board of directors'  provisions is subject to the 
Work Programme in the incorporated Article 51. 23 (see section 3. 5.5.2 below).  
3.3.6   Movement of natural persons  
3.15.  Article 5 of the Protocol which incorporates Chapter 6 bis of the AJCEP Agreement, applies to 
measures and conditions affecting the movement of natural persons of a Party into the territory of 
another Party . It does not apply to measures affecting natural persons seeking access to the 
employment market of a Party, nor to measures regarding nationality , citizenship,  residence , or 
employment on a permanent basis ( incorporated Article  50 bis.2).  
3.16.  The Parties reserve the right to apply measures to regulate the entry or temporary stay of 
natural persons  of any other Party in its territory, including measures necessary to protect the 
integrity of, and to ensure the orderly movement of natural persons across its borders, provided 
that they are not applied in a manner so as to nullify or impair the benefits accruing to another Party 
under the terms of the specific commitments  (incorporated Article 50 bis.2). 
3.17.  The Chapter defines a natural  person of a Party as a national, or a permanent r esident, of a 
Party, where that Party  accords substantially the same treatment to its permanent residents and its 
nationals for measure s affecting trade in services, which is broade r than under Article XXVIII(k) of 
the GATS  (incorporated Article  50 bis.3). Incorporated Chapter 6 bis applies to permanent residents 
of Brunei Darussalam and Singapore.  Once any other  Party enacts its laws on the treatment of 
permanent residents of another Party or non -party, the Parties agree to hold negotiations on whether 
to include permanent residents in the definition  of natural person s under Chapter 6 bis for that Party.  
3.18.  The Parties commitments  on the temporary entry of natural  persons in Appendix 5 to the 
Protocol (incorporated Annex  9 to the AJCEP Agreement)  are country specific  and lists the categories 
of natural  persons for which commitments  are made , as well as associated conditions, limitations, 
including the length of stay, visa or equivalent  requirements, and entry and work right s for 
accompanying spouses  and children . 
3.19.  The Parties commit to authorize the temporary entry or extension of temporary stay of all or 
some of the following categories of natural  persons: (a) business visitors or related categories, 
(b) intra-corporate tran sferees  or related categories, (c) investors or related categories and 
(d) contractual services suppliers or related categories, to the extent provided for each category by 
each Party in Appendix 5  subject to eligibility requirements and immigration formal ities as in 
incorporated Chapter 6 bis. Japan , Cambodia, Indonesia, Malaysia, Myanmar, the Philippines, 
Singapore , Thailand and Viet Nam  apply their commitments to all Parties, while Brunei Darussalam, 
and Lao PDR, apply them to Japan .  
3.20.  Table  3.1 provides an overview of the Parties' commitments under the Protocol , and how they 
relate to their GATS commitments. The comparison is based solely on length of stay and categories 
of services providers. It does not take into account commitments made (if  any) on the entry of 
spouses and/or dependents of natural persons  (See Annex 2 ).  WT/REG 277/4 
 
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  Table 3.1 Overview of commitments for mode 4 under the Protocol  and the GATS  
Commitments  
Brunei 
Darussalam  
Cambodia  
Indonesia  
Lao PDR  
Malaysia  
Myanmar  
The Philippines  
Singapore  
Thailand  
Viet Nam  
Japan  
A. Business visitors or related categories1  + = + = = + + = = = + 
B. Intra -corporate transferees or related 
categories2 = = ≈ + + + + = + = + 
C. Investors or relat ed categories3 + = = + + = + = = = + 
D. Contractual services suppliers or related 
categories4 = = = = = = = = = = + 
 there are commitments under the Agreement.    no commitments  under the GATS . 
+: commitments under the Protocol  are broader than under the GATS.  
=: commitments under the Protocol  and the GATS are the same.  
≈: commitments under the Protocol  and the GATS are similar.  
<: commitments under the GATS are broader than under the Protocol . 
1  Refers to (a) business visitors , (b) short -term business visitors, or (c) service salespersons.  
2  Refers to (a) executives, (b) managers, or (c) specialists.  
3  Refers to (a) p ersons responsible for setting up of a commercial establ ishment , or (b) other specialists or 
experts.  
4  Refers to (a)  contractual services suppliers, or (b) professionals.   
Source:  Appendix 5 to the Protocol ( incorporated as Annex 9 to the AJCEP Agreement ) and the Parties' GATS 
schedules.  
Compared to the GATS, commitments in mode 4 are in general broader under the Protocol  as 
most Parties commit to temporary entry for additional categories of natural persons and/or  longer  
lengths of stay. For example, Brunei Darussalam makes new commitments  for short -term business 
visitors and investors; Myanmar and the Philippines for specified categories of natural persons; and 
Malaysia extends the stay for temporary entrants . All Parties also ma ke commitments for business 
visitors  and intra -corporate tran sferees, or related categories,  which are absent from some of the ir 
GATS commitments. Moreover, only Japan and Lao PDR  make  specific commitments for 
accompanying spouses  and children  for: intra -corporate transferees, investors, certain professionals 
and na tural persons engaged in business activities which require technology or knowledge at an 
advanced level on the basis of a personal contract with public or private organisations in Japan 
(for more details, please see Annex 2).  
The Parties agree, inter alia , to process without undue delay complete applications and, on 
request and within a reasonable period of time, notify the applicant of the receipt, status and decision 
concerning the application. Related fees shall be reasonable and in accordance with the Parties' laws 
and regulations (incorporated Article 50 bis.5).  
The Parties cannot have recourse to the dispute settlement mechanism under the AJCEP 
Agreement in the case of a refusal to grant entry and temporary stay unless it involves a pattern of 
practice and natural persons affected have exhausted the domestic remedies regarding the particular 
matter ( incorporated Article 50 bis.8).  
3.24.  Contact points are designated to facilitate communications on any matters covered by Chapter 
6 bis.    WT/REG 277/4  
 
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  3.4  Liberalization Commitments  
3.25.   The Parties' schedules of specific commitments in  incorporated Annex 6 follow the "positive 
list" approach and are modelled on the GATS schedules with respect to the sectoral classification15 
and the separatio n of sector specific and horizontal limitations, the latter applying to all sectors 
listed.16 Where specific commitments are indicated with "SS"17, the Parties agree to limit limitations, 
conditions and qualifications, other than immigration laws and regul ations, to existing18 non-
conforming measures. For modes 1 -4, the schedules include limitations and conditions on market 
access and national treatment, and additional commitments .19  
3.26.  The provisions on modification or withdrawal of any commitments in the Parties' schedules 
generally follow those of Article XXI of the GATS ( incorporated Article 50.23 ).  
3.27.  A review of the trade in services commitments , including the possibility of the re -negotiation 
of the format  of schedules,  is governed  by Article 75 of the AJCEP (incorporated Article 50.25 ).  
3.28.  Cooperation provisions are set out in incorporated  Article 50.15  with s pecial and differential 
treatment for newer ASEAN  Member States ( incorporated  Article 50.16 ). 
3.29.  While each Party's liberalization is presented in Annex 1, this Section summarizes trade in 
services liberalization under  incorporated Chapter 6, including Annex 6, of the Protocol .  
3.4.1    Overview  
3.30.  Under the Protocol , the Parties make commitments – full or partial – in between 15 (the 
Philippines ) and 50 (Japan20) sub-sectors out of the 56 in the WTO Services Sectoral Classification 
(Chart  3.1).21 No Party scheduled commitments i n: postal (only Japan ); other f inancial; or news 
agency services (only Japan)  (Table 3.2). 
3.31.  The degree of liberalization by sector varies with some Parties like Cambodia  making full 
commitments in 13 subsectors, while Brunei Darussalam, Indonesia, Malaysia, the Philippines, 
Thailand or V iet Nam do not make full commitments in any  of the scheduled subsectors. Computer 
and related services and tour ist guide services are among the sectors where more than two Parties 
made full commitment s.22 
 
15 The WTO Services Sectoral Classification (MTN.GNS/W/120), based on the UN Provisional C entral 
Product Classification (CPC) 1991.   
16 The provisions on scheduling of specific commitments are in incorporated Article 50.20  of Chapter 6 
and are similar to those under Article XX of the GATS.   
17 Only indicated in Japan' s Schedule of specific commitments under the Protocol  and applied to the 
majority of scheduled services sectors, with some exceptions for business, communication, health, distribution, 
education, financial and transport services sectors.   
18 "Existing" means in effect o n the date of entry into force of the Protocol (incorporated Article 50.20 of 
Chapter 6).  
19 Where the Parties undertake commitments not subject to incorporated Articles 50.17  and 50.18  (market 
access and national treatment), they are inscribed as additiona l commitments ( incorporated Article 50.19  of 
Chapter 6). 
20 In its Schedule of spe cific commitments under the Protocol , Japan schedules "unbound " for modes 1 -4 
for other communication; other health related and social; other tourism and travel related; other recreational; 
cultural and sporting; and other transport services subsectors. They are not listed in its GATS Schedule.  
21 The WTO Services Sect oral Classification list (WTO document MTN.GNS/W/120) comprises 12 sectors 
and 56 subsectors. The twelfth sector "Other services not included elsewhere", is counted as one sub -sector in 
this exercise.  
22 The assessment of the level of commitments is at the sectoral level and thus based on the Parties' 
sector -specific commitments/reservations only. Such commitments must therefore be read together with any 
MFN and horizontal reservations listed in the Protocol to get the overall degree of liberalization in a s ubsector.   WT/REG 277/4 
 
- 14 - 
 
  Chart 3.1: Number of subsectors by level of commitments under the Protocol .  
 
Source:  WTO Secretariat based on Appendix 2 to the Protocol (incorporated as Annex 6 to the AJCEP 
Agreement).  
3.32.  Some horizontal reservations are not unique to one Party. For instance, mo st of the Parties 
have broad reservations regarding acquisition, investment and ownership of land, as well as certain 
requirements for commercial presence. Under the Protocol, Singapore and Japan do not list any 
horizontal commitments and/or limitations.  
3.33.  Sectoral commitments under the Agreement are in general more liberal for all the Parties 
compared to the GATS, with a few exceptions where commitments are the same or seem to be 
narrower. The number of new subsectors added by each Party under the Agreement  varies from 
between 3 ( Lao PDR ) and 20 ( Myanmar ). GATS commitments were broadened for between 
1 (Lao PDR and Myanmar ) and 30 (Japan ) sectors, either by adding a new subsector or by expanding 
the scope of existing commitments in a subsector . (Chart 3.2). F or instance, Myanmar  added 
commitments in some sub -sectors in business, communication, construction, education, financial, 
and transport services sectors, which are unbound in its GATS schedule; Lao PDR made new 
commitments also in some business, construct ion and distribution services sectors; while 
Cambodia 's specific commitments are unchanged . 
WT/REG 277/4  
 
- 15 - 
 
  Chart 3.2: Number of sectors by level of commitments compared to the GATS.   
 
Source:  WTO Secretariat based on Appendix 2 to the Protocol (incorporated as Annex 6 to the AJCEP 
Agreement).  
3.4.2    Sector -specific commitments  
3.34.  Table 3.2. summarizes the Parties' sector -specific commitments for modes 1 -3. Commitments 
for mode 4 are described in Section 3.3.6. MFN and horizontal limitations are not taken into account 
in Table 3.2. A detailed description of each Parties' commitments under th e Protocol  is in Annex  1 
to this factual presentation.  
Table 3.2 Parties' sectoral commitments in modes 1 -3 under the Protocol  
Sector -specific  
commitments under the Protocol  
Brunei 
Darussalam  
Cambodia  
Indonesia  
Lao PDR  
Malaysia  
Myanmar  
The Philippines  
Singapore  
Thailand  
Viet Nam  
Japan  
1. Business services  
A. Professional  Services  + = < ≈ + ∆ ∆ + + < + 
B. Computer  and Related  Services  = = < = + ∆ ∆ + + = = 
C. Research  and Development  Services  ∆ = + + + = = + ∆ = + 
D. Real  Estate  Services  = = = = = = = ∆ ∆ = = 
E. Rental/Leasing  Services  without  Operators  + = ∆ ∆ + ∆ = ∆ + + + 
F. Other  Business  Services  ∆ = < ≈ + ∆ ∆ + + = + 
2. Communication services  
A. Postal  services  = = = = = = = = = = ∆ 
B. Courier  services  = = = ≈ = = < = = = ∆ 
C. Telecommunication  services  + = ≈ ≈ + ∆ ≈ + + = ≈ 
D. Audiovisual  services  = = = = ≈ ∆ = = + = + 
E. Other  = = = = = = = = = = ≈ 
WT/REG 277/4 
 
- 16 - 
 
  Sector -specific  
commitments under the Protocol  
Brunei 
Darussalam  
Cambodia  
Indonesia  
Lao PDR  
Malaysia  
Myanmar  
The Philippines  
Singapore  
Thailand  
Viet Nam  
Japan  
3. Construction and related engineering services  
A. General  construction  work for buildings  ∆ = ≈ ∆ + ∆ = = + = + 
B. General  construction  work for civil  
engineering  ∆ = ≈ = + ∆ = = + = + 
C. Installation  and assembly  work  ∆ = ≈ = + ∆ = = + = + 
D. Building  completion  and finishing  work  ∆ = ≈ = + ∆ = = ∆ = + 
E. Other  ∆ = ≈ = + ∆ = = ∆ = + 
4. Distribution services  
A. Commission  agents'  services  = = = ∆ ∆ = = ∆ + = + 
B. Wholesale  trade services  = = ∆ = ∆ = = ∆ ∆ = + 
C. Retailing  services  = = ∆ = ∆ = = = = = + 
D. Franchising  ∆ = ∆ = = = = ∆ ∆ = + 
E. Other  = = = = = = = = = = ∆ 
5. Educational services  
A. Primary education services  = = = = = ∆ = = ≈ = + 
B. Secondary education services  = = = = ∆ ∆ = = ≈ + = 
C. Higher education services  = = = < ∆ ∆ = = ∆ + + 
D. Adult education  = = = < = ∆ = ∆ ≈ = = 
E. Other education services  ∆ = = < ∆ ∆ = = ∆ + ∆ 
6. Environmental services  
A. Sewage services  = = ∆ = = = = = + = = 
B. Refuse disposal services  = = ∆ = = = = = + = + 
C. Sanitation and similar services  = = = = = = = ∆ + = = 
D. Other  = = ∆ = = = = ∆ + = = 
7. Financial services  
A. All insurance  and insurance -
related  services  ≈ = < = + ∆ + ≈ = = + 
B. Banking  and other  financial  services  + = + = + ∆ ≈ ≈ + = + 
C. Other  = = = = = = = = = = = 
8. Health related and social services  
A. Hospital services  ∆ = ∆ = + = = = = = = 
B. Other Human Health Services  = = = = = = = ∆ = = ∆ 
C. Social Services  = = = = ∆ = = ∆ = = ∆ 
D. Other  = = = = = = = = = = ≈ 
9. Tourism and travel related services  
A. Hotels  and restaurants (incl. catering)  ∆ = + = + < + + + = + 
B. 
Travel  agencies  and tour operators'  services  = = = = + = + + + = = 
C. Tourist  guides  services  = = = = = = = + = = + 
D. Other  ∆ = + = = = = = + = ≈ 
10. Recreational, cultural and sporting services  
A. Entertainment  services  = = = = = = = = ∆ = + 
B. News agency services  = = = = = = = = = = = 
C. Libraries, archives, museums and other 
cultural services  = = = = = = = = + = + 
D. Sporting and other recreational services  = = = = = = = = + = + 
E. Other  = = = = ∆ = = = = = ≈ 
11. Transport services  
A. Maritime Transport Services  ∆ = ≈ = + + = ≈ + = + 
B. Internal Waterways Transport services  = = = = = < = = = = + 
C. Air  Transport  Services  + = ∆ = = ∆ + = + = = 
D. Space  Transport services  ∆ = = = = = = = = = ∆ 
E. Rail  Transport  Services  ∆ = = = = = = = + = + WT/REG 277/4  
 
- 17 - 
 
  Sector -specific  
commitments under the Protocol  
Brunei 
Darussalam  
Cambodia  
Indonesia  
Lao PDR  
Malaysia  
Myanmar  
The Philippines  
Singapore  
Thailand  
Viet Nam  
Japan  
F. Road Transport  Services  = = ∆ = = < = = + = + 
G. Pipeline  Transport services  = = = = = = ∆ = = = + 
H. Services auxiliary to all modes of transport  ∆ = ∆ = = ∆ < = + = + 
I. Other  Transport  Services  = = = = = = = = = = ≈ 
12. Other Services not Included Elsewhere  
 = = ∆ = + = = ∆ = = ∆ 
 No market access or national 
treatment limitations in the 
Protocol   Some market access or national 
treatment limitations in the Protocol   No commitments in the 
Protocol  
+: commitments in the Protocol  are broader than in the GATS.  
=: commitments in the Protocol  and the GATS are the same.  
≈: commitments in the Protocol  and the GATS are similar.  
<: commitments in the GATS are broader than in the Protocol . 
∆: new subsector ad ded in the Protocol ; no GATS commitments.  
Source:  Appendix 2 to the Protocol (incorporated as Annex 6 to the AJCEP Agreement).  
3.5  Regulatory Provisions  
3.5.1   Domestic regulation  
Article 50.5 of Chapter 6 on domestic regulation builds upon Article VI of the GATS, ensuring 
that all measures of general application affecting trade in services are administered in a reasonable, 
objective and impartial manner  in sectors w ith specific commitments ( Article 4 of th e Protocol) .  
Following  the results of the WTO negotiations under  Article VI:4 of the GATS, the Parties 
agree to review and amend, as appropriate, incorporated Article  50.5  
If authorization is required for the supply of the service in which a specific com mitment is 
made, the Parties commit that their competent authority will:  
a. in case of an incomplete application, identify the missing information and provide the 
applicant with an opportunity to remedy deficiencies within a reasonable timeframe;  
b. provide info rmation concerning the status of the application;  
c. inform and explain  in writing  the reason for the rejection of the application. A new 
application  can be resubmitted.  
Subject to the Parties' domestic laws and regulations, the competent authorities are 
encouraged to establish standards for taking administrative decisions in response to submitted 
applications and the timeframes for considering applications.   
On a best -endeavour basis , the Parties agree that a competent authority should not exceed 
the scope of  its competence in rendering administrative guidance23 on any matter covered by 
Chapter 6 . The purposes and contents of the administrative guidance should be presented in writing  
and compliance  with it should be on voluntary (incorporated Article 50.6 , Article 4 of the Protocol).  
 
23 Defined as any guidance, recommendation or advice by a competent authority of the central 
government of a Party which requires a person to do or refrain from doing any act but does not create, impose 
limitations on, or in any way affect, right s and obligations of such person in order to pursue administrative 
objectives ( incorporated Article 50.6(2), Chapter 6 , Article 4 of the Protocol).     WT/REG 277/4 
 
- 18 - 
 
  3.5.2   Recognition  
3.40.  Incorporated Article 50.7 of Chapter 6 on recognition of service suppliers' qualifications 
reproduces paragraphs 1 to 3 of Article VII of the GATS but also adds new provisions. Where a Party 
recognizes, by agreement, or autonomously, the education or experience obtained, requirements 
met, or licenses or certifications granted in the territory of another Party or a non -party, the Party 
is not obliged to accord the same recognition to another Party.  Moreover, the Parties agree to 
encourage their relevant bodies to enter into negotiations on recognition of qualification 
requirements and procedures, licensing and/or registration procedures (Article 4 of the Protocol).  
3.41.  Similar to Article VII of the GATS , incorpor ated Article 50 bis.7 of Chapter 6 bis (movement 
of natural persons), provides for recognition, through harmonization unilaterally or by agreement, 
of the education or experience obtained, requirements met, or licences or certifications granted in 
another Party for the purposes of the authorisation, licensing or certification of natural persons of 
that other Party  (Article 5 of the Protocol ). 
3.5.3   Subsidies  
3.42.  Subsidies or grants by a Party are excluded from the scope of Chapter 6 (incorporated 
Article  50.14 , Article 4 of the Protocol); however, where subsidies of one Party significantly affect 
trade in services committed under Chapter 6 , consultations are to be h eld to reach a n amicable 
resolution . The Parties also agree to share information on subsidies on trade i n services and review 
the treatment of subsidies under Chapter 6 u pon the conclusion of negotiations on trade distorting 
subsidies on trade in services under Article XV of the GATS . 
3.5.4   Safeguards  
3.43.  The Parties agree to discuss appropriate amendments to Chapter 6 upon the conclusion of 
multilateral negotiations under  Article X of the GATS on emergency safeguard measures 
(incorporated Article 50.10 , Article 4 of the Protocol). In the meantime, in case the implementation 
of commitments under Chapter 6 causes substantial adverse impact to a service sector of a Party, 
the affected Party may request consultations with the other Party or Parties. Any agre ed solutions 
shall be notified to all other Parties as soon as practicable.  
3.5.5   Other  
3.5.5.1   Monopolies and exclusive service supplies  
3.44.  Incorporated Article 50.8 of Chapter 6 on monopolies and exclusive service suppliers mirrors 
Article VIII of the GATS (Article 4 o f the Protocol). For business practices, incorporated Article 50.9 
of Chapter 6 mirrors Article IX of the GATS (Article 4 of the Protocol).  
3.5.5.2   Investment  
Incorporated Chapter 7 covers investment and applies to measures adopted or maintained by 
a Party relatin g to (a) investors24 of other Parties or (b) covered investments25 (Article  6 of the 
Protocol) . Although it does not apply to measures adopted or maintained by a Party affecting trade 
in services and the movement of natural persons (incorporated Chapters 6 and 6 bis), provisions on 
fair and equitable  treatment; expropriation and compensation; compensation for lo sses and 
damages; transfers; subrogation; and settlement of investment disputes apply to any measure 
 
24 An investor of a Party means  a natural or juridical person of a Party, that seeks to make, is making, or 
has made investments in the territory of another Party. It is understood by the Parties that an investor of a Party 
that "seeks to make " investments refers to an investor of a Par ty that has taken active steps to initiate a 
notification or approval process, where applicable, for making an investment for a permit or licence which 
authorises the investor to establish investments (incorporated Article 51.2).  
25 A covered investment mea ns, with respect to a Party, an investment in its territory by an investor of 
another Party in existence as of the date of entry into force of the First Protocol or established, acquired or 
expanded thereafter, and which, where applicable, has been admitte d, according to its laws, regulations and 
national policies. For Thailand, incorporated Chapter 7 applies to covered investments which, where applicable, 
have been specifically approved in writing for protection by the competent authorities, in accordance with its 
laws, regulations and national policies (incorporated Article 51.2).  WT/REG 277/4  
 
- 19 - 
 
  affecting the supply of service s by a service supplier of a Party through commercial presence in the 
territory of another Party covered by  incorporated  Chapter 6, but only to the extent that the measure 
relate s to a covered investment and an obligation under that Chapter  (incorporated Article  51.1, 
Article 6 of the Protocol ). 
In addition to provisions described above26, incorporated Chapter 7 includes provisions on 
general treatment (Article 51.4), reservations and exceptions (Article 51.7), public comments 
(Article 51.8), expropriation and compensation (Article  51.9 and Annex A to Chapter  7), 
compensation for losses or damages (Article 51.10) , free transfer s for covered investments 
(Article  51.11 ), subrogation (Article  51.12 ), settlement of investment disputes (Article 51.13), 
general exceptions (Article 51.14), special formalities and information requirements (Article 51.15 ), 
special and diff erential treatment for new ASEAN Member States (Article 51.16),  promotion and 
facilitation of investment (Article s 51.17 -18), temporary safeguard measures (Article 51.19) and 
prudential measures  for financial services  (Article 51.20) .  
Fair and equitable treatment will be accorded  to covered investments27 and full protection and 
security28, in accordance with customary international law (incorporated Article 51.4).  
Expropriat ion and  nationali zation of  covered investment s or measures equivalent to  
expropriation or nationalisation  are prohibited , except (a) for a public purpose, (b) in accordance 
with due process of law , (c) on a non -discriminatory manner and (d) upon payment of prompt, 
adequate and effective compensation , which includes interest . Such provisions do not apply to the 
issuance of compulsory licences on intellectual property rights in accordance with the WTO TRIPS 
Agreement (incorporated Article 51.9).   
A Party can adopt or maintain a measure that prescribes special formalities  for investment, 
including requir ing that investment be legally constituted or comply with registration requirements, 
provided that such formalities do not materially impair the rights afforded to investors and its 
investments under  incorporated Chapter 7 (Article 51.15).  
3.50.  The application of r eservations and exceptions in incorporated Article 51.7, is subject to the 
entry into force of the Parties' schedules of reservations.  
3.51.  A Work Programme is established to hold consultations on (a) the schedule s of reservations  
for investment , to be concluded by two years after the entry into force of the Protocol ; (b) application 
of MFN treatment to incorporated Chapter 7, including the schedules of reservations; and 
(c) application of expropriation , compensatio n and dispute settlement provisions (incorporated 
Articles 51.3 and 51.13) to taxation measures that constitute expropriation . Until the entry into force 
of the Parties' schedules of reservations on investment, provisions on the prohibition of performance 
requirements and senior managers and board of directors do not apply  (incorporated Article  51.23) .  
3.52.  Finally,  incorporated Chapter 7 (Article 51.13 ) establishes  a mechanism for the settlement of 
disputes between an investor and the host Party  (see section 4 .6 of this factual presentation ). Before 
submitting a claim to arbitration, the effort should be made to  settle  the dispute amicably through 
consultation s.  
 
26 On denial of benefits, national treatment, performance requirements and senior management and 
board of directors . 
27 "Fair and equitable treatment " requires each Party not to de ny justice in any legal or administrative 
proceedings in accordance with the principle of due process of law (incorporated Article 51.4).  
28 "Full protection and security " requires each Party to take such measures as may be reasonably 
necessary to ensure th e protection and security of the covered investment (incorporated Article 51.4).  WT/REG 277/4 
 
- 20 - 
 
  3.6  Sector -Specific Provisions  
3.6.1   Telecommunications services  
3.53.  Incorporated Annex B to Chapter 6 of the Protocol  applies to measures affecting trade in 
public telecommunications transport networks and services , and exclude  measures affecting 
broadcasting services , as defined in the Parties' laws and regulations  from its coverage (Article  B.1).  
3.54.  The Annex B  builds upon the GATS Annex on Telecommunications and the Reference Paper, 
which not all the Parties have adopted29, and  includes detailed provisions on access to and use of 
public telecommunications  transport network and  services, interconnection , independe nce of 
regulators, licensing , allocation and use of scarce resources , transparency and the resolution of 
telecommunications disputes (incorporated Articles B.3, B.11, B.13-16, respectively) . Provisions on  
competitive safeguards , universal service  and relation s with  international organizations are the same 
(or almost) as those in the GATS Reference Paper  (incorporated Articles B.5, B.12  and B.17, 
respectively ).  
3.55.  In addition, the Parties agree on the conduct and obligations of major suppliers of 
telecomm unications services30 and best -endeavour provisions for the suppliers of public 
telecommunications networks or services to provide number portability for mobile services.  
3.56.  Noting the Parties' different stages of development and commitments under the GATS, 
transitional arrangements  on the application of certain Articles are in Appendix to Annex  B 
(incorporated Article B.18)  (Table 3.3 ).  
Table 3.3: Overview of transitional arrangements for telecommunications services  
Provisions of Annex B  
to Chapter 6  
Cambodia  
Indonesia  
Lao PDR  
Myanmar  
Philippines  
Thailand  
Viet Nam  
Competitive 
Safeguard  Article 
B.5 Conditional  None None None None Applies 
from 
2018 None 
Resale  Article 
B.7 Conditional  Conditional  Applies 
from 
2020 None Not allowed  None Applies 
from 2020 
Interconnection  Article 
B.8 Conditional  None None None Reciprocity 
requirement  None None 
Provisioning and 
Pricing of Leased 
Circuit Services  Article 
B.9 Conditional  Conditional  Applies 
from 
2020 Applies 
from 
2018 Reciprocity 
requirement  None Applies 
from 2020  
Co-location  
 Article  
B.10 Conditional  Conditional  Applies 
from 
2020 None Reciprocity 
requirement  Applies 
from 
2018 Applies 
from 2020  
Independent 
Telecommunications 
Regulatory Body  Article 
B.11 Conditional  None None None None  None Conditional  
Licensing  Article 
B.13 Conditional  None Applies 
from 
2018 None None  None  None 
 
29 Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Thailand, Singapore and Japan have adopted the 
GATS Reference Paper on Telecommunications.   
30 Major suppliers in the territo ry of a Party shall accord to suppliers of public telecommunications 
transport networks and services of another Party treatment no less favourable than that accord ed in like 
circumstances to its subsidiaries, affiliates or any non -affiliated service suppli ers, with respect to the 
availability, provisioning, rates or quality of like telecommunications services, and the availability of technical 
interfaces necessary for interconnection (incorporated Article B.6).  
Other provisions in the incorporated Annex B dealing with the conduct and obligations of major suppliers 
of public telecommunications transport network and services include resale of the public telecommunications 
transport services, interconnection, provisioning and pricing of le ased circuits services , and co -location 
(incorporated Articles B.7 -10, respectively).  WT/REG 277/4  
 
- 21 - 
 
  Provisions of Annex B  
to Chapter 6  
Cambodia  
Indonesia  
Lao PDR  
Myanmar  
Philippines  
Thailand  
Viet Nam  
Allocation and Use 
of Scarce Resources  Article 
B.14 Conditional  None Applies 
from 
2018 None None  None  None 
Note:   Conditional: Application of the provision based on  specific requirements as specified by a Party.  
None:  No transitional arrangements are listed.  
Source:  WTO Secretariat, based on incorporated Article B.18 and Appendix to Annex B to Chapter 6 on 
Transitional Arrangemen ts. 
3.6.2   Financial services  
3.57.  Incorporated Annex A to Chapter 6 of the Protocol applies to measures affecting the supply 
of financial services , except those supplied in the exercise of governmental authority31 (Article  A.1) 
and mirrors the definitions in the GATS  Annex on Financial Services.  
3.58.  Provisions on domestic regulation  replicate paragraph 2 of the GATS Annex on Financial 
Services and includes a prudential carve -out for (a) the protection of investors, depositors, policy  
holders or persons to whom a fiduciary  duty is owed by a financial service supplier; and (b) ensuring 
the integrity and stability of the Party's financial system  (incorporated Article A.4) . Recognition of 
prudential measures applied by a Party is allowed , including autonomously . In case of recognition , 
by an agreement or arrangement,  of a non -party or any international regulatory body  in determining 
how the Party's measures relating to financial services shall be applied , adequate opportunity is 
granted to the other Part ies to accede to such  agreements or to negotiate comparable ones 
(incorporated Article A.5).  
3.59.  Incorporated Article A.2 on tra nsparency include s provisions, inter alia , on publication  of rules 
of general application adopted or maintained by self -regulatory organisations , addres sing enquiries  
from interested persons , application requirements and procedures .  
3.60.  Subject to the Parties ' domestic laws and regulations , financial information , and equipment 
necessary for the conduct of the ordinary business of a financial service supplier,  can be freely 
transferred and processed, except for , inter alia , protection of personal data, personal privacy and 
confidentiality of individual records and accounts, and information relating to the affairs and accounts 
of individual customers or  any confidential or proprietary information in the possession of public 
entities  (incorporated Articles A.3 and A.4, respectively).  
 
31 As under the GATS Annex on Financial services,  excluded from the coverage: i) activities conducted 
by a central bank or monetary authority or by any other public entity  in pursuit of monetary or exchange rate 
policies; (ii)  activities or services forming part of a public retirement plan or statutory system of social security; 
and (iii) other activities conducted by a public entity for the account or with the guarantee or  using the 
financial resources of the Government . If activities or services referred to in (i i) or (iii) to be conducted by its 
financial services suppliers in competition with public entities or a financial service supplier , Chapter 6  applies 
to such acti vities .  WT/REG 277/4 
 
- 22 - 
 
  4  GENERAL PROVISIONS OF THE AGREEMENT  
4.1  Transparency  
4.1.  While Article 4 of the AJCEP contains  general  transparency provisions32, the Protocol 
incorporates additional transparency provisions related to trade in services (Article 50.4), financial 
services (Article A.2), telecommunications services (Article B.14), movement of natural persons 
(Article 50.6 bis) and investment (Article 51.8).   
4.2.  Under Chapter 6, t he Parties agree to prepare a non-legally binding list (transparency list) on 
laws and  other measures at the central government level, which are inconsistent with  national and 
MFN treatment , and market a ccess  obligations . Such lists are not part of the AJCEP  Agreement, nor 
subject to dispute settlement procedures under Chapter 9 of the Agreement .  
4.3.  The Parties maintain or establish contact points to facilitate communication on any matters 
covered by incorp orated Chapters 6  and 6 bis. 
4.2  Current payments and capital movements  
4.4.  As under Article XI of the GATS, o ther than provisions on measures to be taken in case of 
serious balance of payments  (BOP)  and external financial difficulties and threat thereof  (see section 
4.3.4) , the Parties agree not to apply restrictions on international transfers and payments for current 
transactions relating to their specific commitments . The rights and obligations of any Party who is a 
member of the IMF are unaffected, provided that a restriction on any capital transaction is not 
imposed inconsistently with its specific commitments  (incorporated Article 50.11, Article 4 of the 
Protocol).  
4.5.  The Parties commit to allow the  movement of capital under their market access commitments 
for the supply of a service through mode 1 if cross -border movement of capital is an essential part 
of the service. Moreover,  the Parties must allow transfers of capital into their territory where they 
make market access commitment s for the supply of a service through commercial presence 
(mode  3) (incorporated Article 50.17, Article 4 of the Protocol).  
4.3  Exceptions  
4.3.1   General exceptions  
4.6.  General exceptions are the same as in Article  XIV of the GATS  and ap ply to trade in services 
and movement of natural persons  (incorporated Article s 50.13  and 50 bis.9). For investment, 
incorporated Article 51.14  builds  on Article XIV of the GATS and makes it applicable to investors and 
investments, with some a dditions .33  
4.3.2   Security exceptions  
4.7.  Article 3 of the Protocol replaces provisions on security exceptions in Article 8 of the AJCEP34 
with some adjustments for trade in services, which mirror Article XIVbis of the GATS.  
4.3.3   Taxation  
Provisions on national treatment shall not be invoked under Chapter 9 of the AJCEP Agreement 
to settle disputes on a measure that falls within the scope of an avoidance of double taxation  
agreement between the Parties  (Article 4 of the Protocol) . 
 
32 Please, see Section 4. 3.1 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . 
33 For instance, provisions on general exceptions also cover measures (d) imposed for the protection of 
national treasures of artistic, historic or archaeological value; or (e) relating to the conservation of exhaustible 
natural resources if such measures are made effective in conjunction with restrictions on domestic production 
or consumption.  
34 Please, see Section 4.3.2 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . WT/REG 277/4  
 
- 23 - 
 
  4.3.4   Safeguards for balance of payments reasons  
4.9.  As under Article XII of the GATS, in the event of serious BOP and external financial difficulties 
and threat thereof, a Party may adopt or maintain restrictions on trade in services for which it has 
undertaken specific commitments, including on payments or transfer s for transactions related to 
such commitments (incorporated Article 50.12  of Chapter 6 ). Similar provisions on investment allow 
a Party to adopt or maintain temporary safeguard measures, which may not conform with its 
obligations on national treatment and  transfers ( incorporated Article 51.19  of Chapter 7 ). 
4.4  Accession and withdrawal  
4.10.  There are no specific  provisions on accession and withdrawal under the Protocol .35 
4.5   Institutional framework  
4.11.  The Protocol amends the functions of the Joint Committee  in Article 11 of the AJCEP 
Agreement36, which  include, adoption of procedures on the implementation of Annex 2 (product 
specific rules) and certain amendments to the AJCEP Agreement (Article 3  of the  Protocol ). 
4.12.  The Protocol also establishes two new Sub-Committee s: (i) on trade in services to, inter alia , 
review commitments with a view to further liberalization  and its functions are in incorporated Article 
50.24 , and (ii) on investment for the effectiv e implementation and operation of incorporated Chapter 
7 with its functions in Article 51.22.  
4.6  Dispute settlement  
4.13.  There are no general dispute settlement provisions under the Protocol; however, incorporated 
Chapter 6 refers to Chapter 9 of the AJCEP  Agreem ent, which sets out procedures on the settlement 
of disputes between the Parties relating to the interpretation or application of the Agreement37. 
4.14.  For disputes between a Party and an investor of another  Party, a settlement mechanism is 
established in  incorporated Article 51.13 of  Chapter 7 (Article 6 of the Protocol) . A claimant may 
submit a claim to courts or administrative tribunals  that the respondent has breached: (a) obligation s 
relating to the management, conduct, operation, or sal e or other disposition of a covered 
investment38; and (b) that the claimant , or its covered investment , has incurred loss or damage as 
a result. A claim can be submitted under  courts or administrative tribunals of the claimant;  the ICSID 
Convention; ICSID Additional Facility Rules; UNCITRAL Arbitration Rules; or any other arbitral 
institution or rules if the claimant and respondent agree. Other provisions of  incorporated Article 
51.13 deal with , inter alia , the choice of forum, submission conditions and lim itations, conduct of 
the arbitration , awards . 
4.7  Relationship with other agreements concluded by the Parties  
4.15.  Each Party 's rights and obligations vis-à-vis another Party are set out in Article 10 of the 
AJCEP Agreement .39  
4.16.  While Table 2.1 (above) identified overlapping RTAs between the  Parties, Table 4.1 shows the 
Parties' participation in RTAs that are in force but have not been notified to the WTO. T heir 
 
35 Please, see Section 4. 4 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . 
36 Please, see Section 4.5 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . 
37 Please, see Section 4.6 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . 
38 Obligations under incorporated Articles Article 51.3 (national treatment); Article 51.4 (general 
treatment); subparagraphs 1(a) through (d) of Article 51.5 (prohibition of performance requirements); Article 
51.6 (senior management and boards of directors); Article 51.9 (expropriation and compensation); Article 
51.10 (compensation for losses or damages) and Article 51.11 (free transfers related to covered investments).  
39 Please, see Section 4.7 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . WT/REG 277/4 
 
- 24 - 
 
  participation in all notified RTAs, other than the Agreement, is presented in Anne x 3 to this factual 
presentation.  
Table 4.1 ASEAN Member States and Japan: participation in RTAs (non -notified in force), 
as of 15 December  2023  
RTA Name  Date of entry into forcea Coverage  
ASEAN Member States - Collectively  
ASEAN Trade In Services 
Agreement (ATISA)  05-Apr-21 Services  
Individual ASEAN Member States  
Asia Pacific Trade Agreement 
(APTA)b - Accession of Mongolia  01-Jan-21 Goods & Services  
China - Cambodia   01-Jan-22 Goods & Services  
Regional Comprehensive Economic 
Partnership (RCEP) Agreementc 01-Jan-22 Goods & Services  
Sri Lanka - Singapore  01-May-18 Goods & Services  
Peru - Thailand  31-Dec-11 Goods  
Developing -8 PTAd 31-Oct-22 (Indonesia)  
25-Aug-22 (Malaysia)  Goods  
United Arab Emirates – Indonesia  01-Sep-23 Goods & Services  
   
JAPAN  
Regional Comprehensive Economic 
Partnership (RCEP) Agreement  01-Jan-22 Goods & Services  
United States - Japan  01-Jan-20 Goods  
a Dates of the first entry into force/provisional application for at least one of the Parties.  
b  Members are: Bangladesh; China; India; Korea, Republic of; Lao PDR; Sri Lanka. APTA was notified 
to the WTO, please refer to Annex 3 of this factual presentati on for further information.   
c Members are: All ASEAN Member States; Australia; China; Japan; Korea, Republic of; New Zealand.  
d Members are: Bangladesh; Egypt; Indonesia; Iran; Malaysia; Nigeria; Pakistan; Türkiye.  
Source:  WTO Secretariat. Further information on RTAs notified and on specific dates of entry into 
force/provisional applications may be found in the WTO Database on RTAs: http://rtais.wto.org . 
4.8  Government procurement  
4.17.  There are no specific provisions on Government procurement in the Protocol .  
4.9  Intellectual property rights  
4.18.  There are no specific provisions on intellectual property rights  in the Protocol40.  
4.10  Competition  
4.19.  There are no specific provisions on competition  in the Protocol .41  
4.11  Environment  
4.20.  There are no specific provisions on environment  in the Protocol .42  
4.12  Labour  
4.21.  There are no specific provisions on labour  in the Protocol .  
 
40 Please, see Section 4. 9 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . 
41 Please, see Section 4. 10 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . 
42 Please, see Section 4. 11 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . WT/REG 277/4  
 
- 25 - 
 
  4.13  Electronic commerce  
4.22.  There are no specific provisions on electr onic commerce  in the Protocol .  
4.14  Small and medium -sized enterprises  
4.23.  There are no specific provisions on small and medium -sized enterprises  in the Protocol .43  
 
43 Please, see Section 4. 14 of the factual presentation on the AJCEP Agreement in document 
WT/REG277/1/Rev.1 . WT/REG 277/4 
 
- 26 - 
 
  ANNEX 1  
TRADE IN SERVICES LIBERALIZATION UNDER THE PROTOCOL  
ASEAN MEMBER STATES  
 
Brunei Darussalam  
 
Horizontal commitments  
 
1. Horizontal commitments under the Protocol  are similar  to those under the GATS and cover 
modes 3 and 4. Mode 3 is unbound under market access for measures concerning foreign equity , 
unless otherwise specified in the speci fic commitments under the Protocol . As regards national 
treatment, half of the board members of a public company and half the directors of a private 
company must be nationals or residents of Brunei Darussalam , and all companies incorporated 
abroad with an  established place of business in Brunei must have one or more locally resident agents. 
Other horizontal reservations concern mode 4  (Section  3.3.6 of this factual presentation ). 
Sector -specific commitments  
 
2. The following section identifies some of the main differences, by sector, between Brunei 
Darussalam's  specific commitments under the GATS and in the Protocol . As an improvement to  its 
GATS schedule, Brunei Darussalam makes commitments in ten out of twelve sectors in the Protocol , 
with no commitments for environmental and other services not included elsewhere.  
3. Table A1.1 provides an overview of its specific commitments in modes 1 -3 under the Protocol . 
Horizontal limitations and MFN reservations are not take n into account in the table which should be 
read in conjunction with the respective part of Appendix 2 to the Protocol (incorporated as Annex  6 
to the AJCEP Agreement).  
Table A1. 1 Brunei Darussalam: Sector specific commitments in trade in services under 
the Protocol  
Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services        
A. Professional  Services  Improved  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Same   Partial  Partial  Partial  Partial  
C. Research  and Development  Services  New Full Partial  --- --- 
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  Improved  Partial  Partial  Partial  Partial  
F. Other   New Partial  Partial  --- --- 
2. Communication services        
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  --- --- --- --- 
C. Telecommunication  services  Improved  Partial  Partial  Partial  Partial  
D. Audiovisual  services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
3. Construction and related engineering 
services        
A. General  construction  work for buildings  New Full Partial  --- --- 
B. General  construction  work for civil engineering  New Full Partial  --- --- 
C. Installation  and assembly  work  New Full Partial  --- --- 
D. Building  completion  and finishing  work  New Full Partial  --- --- 
E. Other  New Full Partial  --- --- 
4. Distribution services        
A. Commission  agents'  services  Same  --- --- --- --- WT/REG 277/4  
 
- 27 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
B. Wholesale  trade services  Same  --- --- --- --- 
C. Retailing  services  Same  --- --- --- --- 
D. Franchising  New Full Partial  --- --- 
E. Other  Same  --- --- --- --- 
5. Educational services        
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  Same  --- --- --- --- 
C. Higher education services  Same  --- --- --- --- 
D. Adult education  Same  --- --- --- --- 
E. Other  New Partial  Partial  --- --- 
6. Environmental services        
A. Sewage services  Same  --- --- --- --- 
B. Refuse disposal services  Same  --- --- --- --- 
C. Sanitation and similar services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
7. Financial services        
A. All insurance  and insurance -related  services  Similar  Full  Partial  Full Partial  
B. Banking  and other  financial  services  Improved  Partial  Partial  Partial  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services        
A. Hospital services  New Full  Partial  --- --- 
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services        
A. Hotels  and restaurants (including catering)  New Partial  Partial  --- --- 
B. Travel  agencies  and tour operators  services  Same  --- --- --- --- 
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  New Partial  Partial  --- --- 
10. Recreational and cultural and sporting 
services        
A. Entertainment  services  New Partial  Partial  --- --- 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services        
A. Maritime Transport Services  New Partial  Partial  --- --- 
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air Transport  Services  Improved  Partial  Partial  Partial  Partial  
D. Space  Transport  New Full Partial  --- --- 
E. Rail  Transport  Services  New Partial  Partial  --- --- 
F. Road  Transport  Services  Same  --- --- --- --- 
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  New Partial  Partial  --- --- 
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market acc ess or national treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol  compared to those under the GATS.  
Same:   Identical commitments.  WT/REG 277/4 
 
- 28 - 
 
  Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol . 
Source:  Brunei Darussalam's Draft Consolidated GATS Schedule of Specific Commitments ( S/DCS/W/BRN ), 
prepared by the Secretariat (in 2003) and its Schedule in Appendix 2  to the Protocol  (incorporated 
as Annex 6 to the AJCEP Agreement ). 
Business services  
 
4. Building upon its  GATS  schedule , Brunei Darussalam  overall improves its commitments for 
business services , broadening the scope of its  commitments in professional and rental/leasing 
services without operators , and making  new commitments in research and development (R&D ) and 
other business services  where foreign equity participation is limited to 30% when supplying the 
service through commercial presence.  
Communication services  
 
5. As under the GATS, Brunei Darussalam  does not schedule any commitments for postal, 
courier, audiovisual and other communic ation services under the Protocol .  
6. In telecommunication services, Brunei Darussalam improves its GATS commitments  and 
make s new partial undertakings  in a number of sub -sectors.  
Construction and related engineering services  
 
7. In comparison with the GATS, Brunei Darussalam undertakes new commitments in 
construction and related engineering services with mode 1 being  unbound for the whole sector due 
to lack of technical feasibility , and mode 3 subject to registration and maximum equity (55%) 
requirements . 
Distr ibution services  
 
8. Under the Protocol , Brunei Darussalam undertakes new commitments in franchising 
(CPC 8929) with specific market access and national treatment limitations for mode 3, while other 
distribution services  remain unbound as under the GATS .  
Educational services  
 
9. Under the Protocol , Brunei Darussalam improves its GATS commitments by making  new 
commitments in other education services ( foreign language training centre, part of CPC 929**) with 
market access and national treatment limitations for mode 3 .  
Environmental services  
 
10. As under  the GATS, Brunei Darussalam makes no  commitments in environmental services . 
Financial services  
 
11. Under the Protocol, Brunei Darussalam 's commitments are si milar to those in the GATS in 
insurance and insurance -related services and  marke t access and national treatment  limitations are 
lifted for the provision and transfer of financial information, financial data processing and related 
software by providers of o ther financial services (CPC 8131)  under modes 1 and 2.  
Health related and social services  
 
12. Brunei Darussalam undertakes new partial liberalization commitments for hospital services 
(CPC 93110) with mode 1 unbound due to lack of technical feasibility and certain market access 
limitations for mode 3.  
13. As under the GATS, there are no  commitments for other human health, social services and 
other health -related and social services.  WT/REG 277/4  
 
- 29 - 
 
  Tourism and travel related services  
 
14. In comparison to the GATS, Brunei Darussalam undertakes new partial liberalization 
commitments in hotel lodging, restaurants and other tourism services (youth hostel, golf course, 
marina facilities) with a maximum 30% foreign equity participation for commercial presence .  
Recreational and cultural and sporting services  
 
15. Under the Protocol, Brunei Darussalam undertakes new partial liberalization commitments in 
some entertainment services (theme parks) with a maximum 30% foreign equity participation for 
commercial presence, while mode 3 remains  unbound under national treatment limitations.  
Transport services  
 
16. In comparison to the GATS, Brunei Darussalam generally improves its commitments in 
transport servic es, in particular by broadening the scope  of air transport services and taking new 
partial commitments in some maritime, space, rail and services auxiliary to all modes of supply.  
17. As under the GATS, there are no  commitments in internal waterways, road, pi peline  and other 
transport services sub -sectors.  
Other Services not Included Elsewhere  
 
18. As under the GATS, there are no  commitments for other services not included elsewhere.  
Cambodia  
 
Horizontal commitments  
 
19. Cambodia's horizontal commitments  under the Protocol are  the same as  in the GATS and 
contains commitment s and/or limitations for subsidies, tax measures, land ownership, acquired 
rights and investment incentives.  Other horizontal reservations concern mode 4  (Section  3.3.6 of 
this factual presentation ). 
Sector -specific commitments  
 
20. Cambodia's Schedule under the Protocol  reproduces its GATS schedule, as summarized in 
Table A1.2. Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjun ction with the respective part of Appendix 2 to the Protocol (incorporated 
as Annex 6 to the AJCEP Agreement) .  
Table A1. 2 Cambodia: Sector specific commitments in trade in services under the 
Protocol  
Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services   
A. Professional  Services  Same  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Same  Full Full Full Full 
C. Research  and Development  Services  Same  --- --- --- --- 
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  Same  Partial  Full Partial  Full 
F. Other   Same  Full Full Full Full 
2. Communication services  
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  Full Full Full Full 
C. Telecommunication  services  Same  Full Partial  Full Partial  WT/REG 277/4 
 
- 30 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
D. Audiovisual  services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services   
A. General  construction  work for buildings  Same  Partial  Partial  Partial  Partial  
B. General  construction  work for civil  
engineering  Same  Partial  Partial  Partial  Partial  
C. Installation  and assembly  work  Same  Partial  Partial  Partial  Partial  
D. Building  completion  and finishing  work  Same  Partial  Partial  Partial  Partial  
E. Other  Same  Partial  Partial  Partial  Partial  
4. Distribution services  
A. Commission  agents'  services  Same  Full Full Full Full 
B. Wholesale  trade  services  Same  Partial  Full Partial  Full 
C. Retailing  services  Same  Partial  Full Partial  Full 
D. Franchising  Same  Full Full Full Full 
E. Other  Same  Partial  Full Partial  Full 
5. Educational services  
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  Same  --- --- --- --- 
C. Higher education services  Same  Full Full Full Full 
D. Adult education  Same  Full Full Full Full 
E. Other  Same  Full Full Full Full 
6. Environmental services   
A. Sewage services  Same  Full Full Full Full 
B. Refuse disposal services  Same  Full Full Full Full 
C. Sanitation and similar services  Same  Full Full Full Full 
D. Other  Same  Full Full Full Full 
7. Financial services        
A. All insurance  and insurance -
related  services  Same  Full Partial  Full Partial  
B. Banking  and other  financial  services  Same  Partial  Partial  Partial  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services  
A. Hospital services  Same  Partial  Partial  Partial  Partial  
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services   
A. Hotels  and restaurants (including catering)  Same  Partial  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Same  Full Partial  Full Partial  
C. Tourist  guides  services  Same  Full Full Full Full 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting services   
A. Entertainment  services  Same  Partial  Partial  Partial  Partial  
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services   
A. Maritime Transport Services  Same  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air Transport  Services  Same  Partial  Full Partial  Full WT/REG 277/4  
 
- 31 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road  Transport  Services  Same  Full Full Full Full 
G. Pipeline  Transport  Same  Full Partial  Full Partial  
H. Services  auxiliary  to all modes  of transport  Same  --- --- --- --- 
I. Other   Same  --- --- --- --- 
12. Other Services not Included 
Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market acc ess or national treatment limitations.  
Same:  Identical commitments.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol . 
Source:  Cambodia's GATS Schedule of Specific Commitments ( GATS/SC/140 ) and its Schedule in Appendix 2 
to the  Protocol (incorporated as Annex 6 to the AJCEP Agreement).  
Indonesia  
 
Horizontal commitments  
 
21. Indonesia's horizontal commitments under the Protocol are similar to those under the GATS 
and cover  commitment s and/or limitations for joint ventures , taxation and land acquisition.  Other 
horizontal reservations concern mode 4  (Section  3.3.6 of this factual presentation ). 
Sector -specific commitments  
 
22. The following section identifies some of the main differences, by sector, between Indone sia's 
specific commitments under the GATS and the Protocol . In comparison with its  GATS schedule, 
Indonesia  makes  commitments in eleven out of twelve sectors in the Protocol , with no commitments 
for recreational and cultural and sporting services sector .  
23. Table A1.3 provides an overview of Indonesia's  specific commitments in modes 1 -3 under the 
Protocol . Horizontal limitations and MFN reservations are not taken into account in the table , which 
should be read in conjunction with the respective part of Append ix 2 to the Protocol (incorporated 
as Annex 6 to the AJCEP Agreement).   
Table A1. 3 Indonesia: Sector specific commitments in trade in services under the 
Protocol  
Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services  
A. Professional  Services  Narrower  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Narrower  Partial  Partial  Partial  Partial  
C. Research  and Development  Services  Improved  Partial  Partial  Partial  Partial  
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  New Partial  Partial  --- --- 
F. Other   Narrower  Partial  Partial  Partial  Partial  WT/REG 277/4 
 
- 32 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
2. Communication services  
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  --- --- --- --- 
C. Telecommunication  services  Similar  Partial  Partial  Partial  Partial  
D. Audiovisual  services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services  
A. General  construction  work for buildings  Similar  Partial  Partial  Partial  Partial  
B. General  construction  work for civil  
engineering  Similar  Full  Partial  Full  Partial  
C. Installation  and assembly  work  Improved  Partial  Partial  Partial  Partial  
D. Building  completion  and finishing  work  Same  --- --- --- --- 
E. Other  Similar  Partial  Partial  Partial  Partial  
4. Distribution services  
A. Commission  agents'  services  Same  --- --- --- --- 
B. Wholesale  trade services  New Partial  Partial  --- --- 
C. Retailing  services  New Partial  Partial  --- --- 
D. Franchising  New Partial  Partial  --- --- 
E. Other  Same  --- --- --- --- 
5. Educational services  
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  New Partial  Partial  --- --- 
C. Higher education services  Same  --- --- --- --- 
D. Adult education  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
6. Environmental services  
A. Sewage services  New Partial  Partial  --- --- 
B. Refuse disposal services  New Partial  Partial  --- --- 
C. Sanitation and similar services  Same  --- --- --- --- 
D. Other  New Partial  Partial  --- --- 
7. Financial services  
A. All insurance  and insurance -related  services  Narrower  Partial  Partial  Partial  Partial  
B. Banking  and other  financial  services  Improved  Partial  Partial  Partial  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services  
A. Hospital services  New Partial  Partial  --- --- 
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Improved  Partial  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Same  Full Partial  Full Partial  
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Improved  Partial  Partial  Partial  Partial  
10. Recreational and cultural and sporting services  
A. Entertainment  services  Same  --- --- --- --- 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services  
A. Maritime Transport Services  Similar  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- WT/REG 277/4  
 
- 33 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
C. Air  Transport  Services  New Partial  Partial  --- --- 
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road Transport  Services  New Partial  Partial  --- --- 
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  New Partial  Partial  --- --- 
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  New Partial  Partial  --- --- 
General Note: MFN and Horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol  compared to those under the GATS.  
Narrower:  Some additional limitations (as compared to GATS commitments).  
Same:   Identical commitments.  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or  sub-sector excluded from the Protocol . 
Source:  Indonesia's D raft Consolidated GATS Schedule of Specific Commitments ( S/DCS/W/IDN ), prepared 
by the Secretariat (in 2003), and its Schedule in Appendix 2 to the Protocol (incorporated as 
Annex  6 to the AJCEP Agreement).  
Business services  
 
24. Compared to the GATS, Indonesia undertakes new partial liberalization commitments in 
professional  services and rental/leasing services without operators . While  conditions for the supply 
of some interdisciplinary R&D are improved (CPC 853, limited to industrial activities), Indonesia 
narrows  its GATS commitments under the Protocol, with commitm ents for some professional 
(architectural, integrated engineering, urban planning services), computer (software implementation 
services)  and other business (services related to management consulting, technical testing and 
analysis services) services.  
25. As under the GATS, there are no  commitments in real estate services.  
Communication  services  
 
26. As under the GATS, Indonesia makes commitments only in telecommunications services. 
Under the Protocol, u nlike its GATS commitments, mode 1 is unbound, with no mar ket access or 
national treatment limitations scheduled for mode 2 , while  the supply of services via mode 3 require 
a joint venture  with foreign participation limited to 35%.  
Construction and related engineering services  
 
27. Indonesia improves its GATS commitm ents in construction and related engineering services, 
by undertaking new partial liberalization commitments in some services related to installation work.  
Distribution services ; Education services ; Environmental services  
 
28. In comparison to the GATS, Indo nesia undertakes new commitments in distribution, education 
and environmental services.  
29. In distribution services sector, partial commitments cover wholesale trade, retailing and 
franchising with cross -border supply of services remaining largely unbound an d specific market 
access and/or national treatment limitations  for commercial presence. In addition, all wholesalers WT/REG 277/4 
 
- 34 - 
 
  and supermarkets in Indonesia shall maintain an 80:20 configuration between local and the imported 
products.  
30. Partial liberalization commit ments are also scheduled for secondary education services, 
subject to general conditions, such as a mutual recognition agreement, partnership with  a local 
partner, accreditation, specific geographic allocation,  and case -by-case approval for temporary entry  
of natural persons in education.  
31. Indonesia also schedules partial liberalization commitments in certain sewage, refuge disposal 
and other environmental services with mode 1 remaining unbound, mode 2 largely open and mode 
3 generally subject to joint ventu re requirements with foreign equity participation up to 49%.  
Financial services  
 
32. Similar to the GATS, Indonesia applies general conditions for financial service s, which are 
improved for banking in the Protocol.  
33. For insurance and insurance -related services the scope of Indonesia's specific commitments 
seems to be narrower  under the Protocol1 in comparison to the GATS, while market access conditions 
for the supply of some banking services are generally improved.   
Health related and  social services  
 
34. In comparison to the GATS, Indonesia undertakes new commitments in some hospital 
services, subject to horizontal, general2 and specific restrictions for the supply of services through 
commercial presence , while the  supply of cross-border  services and consumption abroad is free from 
market access and national treatment limitations.  
Tourism and travel related services  
 
35. Under the Protocol, Indonesia broadens the scope of its GATS commitments for (i) hotels and 
restaurants  with new commitments in some food and beverage serving  services for consumption on 
the premises  (parts of CPC 642 and 643, respectively) ; and (ii) other  tourism and travel related 
services with new partial commitments  in international hotel operator (CPC 911135) and spa 
services.  
36. Similar to the GATS, some limitations apply for the supply of hotel and tourist resorts services 
through commercial presence, the measure was due to be eliminated in 2020.  
Recreational and cultural and sporting services  
 
37. As under the GATS, there are no  commitments in recreational and cultural and sporting 
services.  
Transport services  
 
38. The s cope of Indonesia 's commitments is expanded  by scheduling new partial undertakings in 
air, road  and services auxiliary to all types of transport.  
39. As under the GATS, there are no commitments in internal waterways, space, rail, pipeline and 
other transport s ervices.  
 
1 (i) non -life insurance services (CPC 8129), which exclude marine, aviation and other transportation 
insurance services (CPC 81293); (ii) life insurance service s (CPC 81211); and (iii) insurance brokerage services 
(CPC 81401).  
2 Foreign health institutions must be registered in Indonesia; be in partnership with a local partner; and 
established in Medan and Surabaya.  WT/REG 277/4  
 
- 35 - 
 
  Other Services not Included Elsewhere  
 
40. Unlike its GATS commitments, Indonesia makes new partial undertaking s in energy services 
based on the 2nd revised Indonesian proposal of energy services classification3 under other services 
not included else where services.   
Lao PDR  
 
Horizontal commitments  
 
41. Under the Protocol,  Lao PDR's horizontal commitments and/or limitations are the same as 
under the GATS and relate to land ownership, subsidies and investment incentives  and commercial 
presence. Other horizontal reservations concern mode 4  (Section  3.3.6 of this factual presentation ). 
Sector -specific commitments  
 
42. The following section identifies some of the main differences, by sector, between Lao PDR's 
specific GATS commitme nts and under the Protocol . As under  its GATS schedule, Lao PDR makes  
commitments in ten out of twelve sectors in the Protocol , with no commitments for recreational, 
cultural and sporting services sector and other services not included elsewhere.  
43. Table A1.4 provides an overview of Lao PDR's specific commitments in modes 1 -3 under the 
Protocol . Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective part of Appendix 2 to the  Protocol (incorporated 
as Annex 6 to the AJCEP Agreement) .  
Table A1. 4 Lao PDR: Sector specific commitments in trade in services under the Protocol  
Sectors  
Sub-sectors  
FTA as 
compared 
to GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services  
A. Professional  Services  Similar  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Same  Full Full Full Full 
C. Research  and Development  Services  Improved  Full Partial  Partial  Partial  
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  New Partial  Partial  --- --- 
F. Other   Similar  Partial  Partial  Partial  Partial  
2. Communication services  
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Similar  Partial  Full Partial  Full 
C. Telecommunication  services  Similar  Full Partial  Full Partial  
D. Audiovisual  services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services  
A. General  construction  work for buildings  Same  Full Partial  Full Partial  
B. General  construction  work for civil engineering  Same  Full Partial  Full Partial  
C. Installation  and assembly  work  Same  Full Partial  Full Partial  
D. Building  completion  and finishing  work  Same  Full Partial  Full Partial  
E. Other  Same  Full Partial  Full Partial  
4. Distribution services  
A. Commission  agents'  services  New Partial  Partial  --- --- 
B. Wholesale  trade services  Same  Partial  Partial  Partial  Partial  
C. Retailing  services  Same  Partial  Partial  Partial  Partial  
D. Franchising  Same  Full Partial  Full Partial  
E. Other  Same  --- --- --- --- 
 
3 WTO document S/CSC/W/42/Rev.2 , 28 Ap ril 2006.  WT/REG 277/4 
 
- 36 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared 
to GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
5. Educational services  
A. Primary education services  Same  Partial  Partial  Partial  Partial  
B. Secondary education services  Same  Partial  Partial  Partial  Partial  
C. Higher education services  Narrower  Partial  Partial  Partial  Partial  
D. Adult education  Narrower  Partial  Partial  Partial  Partial  
E. Other  Narrower  Partial  Partial  Partial  Partial  
6. Environmental services  
A. Sewage services  Same  Partial  Partial  Partial  Partial  
B. Refuse disposal services  Same  Partial  Partial  Partial  Partial  
C. Sanitation and similar services  Same  Partial  Partial  Partial  Partial  
D. Other  Same  Partial  Partial  Partial  Partial  
7. Financial services  
A. All insurance  and insurance -related  services  Same  Full Partial  Full Partial  
B. Banking  and other  financial  services  Same  Partial  Partial  Partial  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services  
A. Hospital services  Same  Partial  Partial  Partial  Partial  
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Same  Partial  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Same  Partial  Partial  Partial  Partial  
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Same  Partial  Partial  Partial  Partial  
10. Recreational and cultural and sporting services  
A. Entertainment  services  Same  --- --- --- --- 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services  
A. Maritime Transport Services  Same  --- --- --- --- 
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air Transport  Services  Partial      
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road  Transport  Services  Same  --- --- --- --- 
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  Same  --- --- --- --- 
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitations.  
New: New commitments full  or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those under the GATS.  
Narrower:  Some additional limitations (as compared to GATS commitments).  
Same:   Identical commitments.  
Similar:  Similar  liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol . 
Source:  Lao PDR's GATS Schedule of Specific Commitments ( GATS/SC/150 ) and its Schedule in Appendix 2 
to the Protocol (incorporated as Annex 6 to the AJCEP Agreement).  WT/REG 277/4  
 
- 37 - 
 
  Business services  
 
44. Building upon its GATS commitments, Lao PDR improves  market access and/or national 
treatment commitments in professional  services4 and broadens the scope of its commitments in 
R&D. In addition,  it improve s on the  GATS, by making new liberalization commitments in rental and 
leasing services without operator s.  
Communication services  
 
45. In courier services, unlike under the GATS, Lao PDR schedules commitments only in multi -
modal courier services (CPC 75121).  
46. In telecommunications services, while Lao PDR improves its GATS commitments for the supply 
of basic tele communication services through modes 1 and 35, new market access and national 
treatment limitations are introduced for the supply of value -added services with direct/indirect 
foreign capital participation in existing operators limited to 49% and nationali ty requirement for 
board members and auditors in existing operators . 
Construction and related engineering services  
 
47. Under the Protocol, Lao PDR maintains the same level of liberalization as in the GATS.  
Distribution services  
 
48. While m aintaining the same ex emption on the distribution of certain goods6 as under the 
GATS, Lao PDR undertakes new commitments in some commission agents' services with joint 
venture, maximum foreign equity participation (51%) and economic test requirements for mode 3, 
which is unbo und for national treatment limitations.   
Education services  
 
49.  While the scope of Lao PDR's commitments in educational services is the same as under the 
GATS, the cross -border supply of some higher and adult education services and short -term foreign 
language training is unbound  under the Protocol.  
Environmental services ; Financial services; Health related and social services; Tourism 
and travel related services; Recreational and cultural and sporting services; Transport 
services; Other Services not In cluded Elsewhere  
 
50. Lao PDR maintains the same level of liberalization as under the GATS in  some environmental7; 
financial; health related and social; tourism and travel related; and air transport services sectors. 
As under the GATS, there are no commitmen ts in r ecreational and cultural and sporting , and other 
services not included elsewhere services sectors under the Protocol.  
Malaysia  
 
Horizontal commitments  
 
51. As under the GATS, Malaysia has horizontal restrictions in the Protocol  on commercial 
presence for acquisitions, mergers and takeovers (limitations on market access), with an 
improvement in aggregate foreign equity ownership from RM5 million to RM10 millio n; on land -
 
4 This refers to liberalization of national treatment conditions for modes 1 and 2 for the supply of 
architectural and engineering services.  
5 The supply of services through commercial presence is subject to approval by the competent authority 
(Ministry of Post and Telecommunications).  
6 The distribution of goods under the Controlled List of the Ministry of Industry and Commerce - arms, 
ammunition, explosives and explosive substances, highly toxic chemicals, narcotics, cultural items, books, 
newsp apers and magazines, precious metals and stones, medicines and medical equipment, endangered 
species, gambling machines, money printing machines, processed oil and crude oil, alcohols, tobacco products, 
rice - is excluded from commitments.  
7 As under Lao P DR's GATS Schedule, commitments in environmental services exclude the provision of 
water for human use, including water collection, purification and distribution through mains . WT/REG 277/4 
 
- 38 - 
 
  property and real estate; and incentives/preferences (limitations on national treatment). Other 
horizontal reservations concern mode 4  (Section  3.3.6 of this factual presentation ). 
Sector -specific commitments  
 
52. The following section identifies some of the main differences, by sector, between Malaysia's 
specific commitments under the GATS and the Protocol . As an improvement to  its GATS schedule, 
Malaysia makes  commitments in eleven  out of twelve sectors in the Pro tocol, with no commitments 
for environmental  services.  
53. Table A1.5 provides an overview of Malaysia's specific commitments in modes 1 -3 under the 
Protocol . Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective part of Appendix 2 to the Protocol (incorporated 
as Annex 6 to the AJCEP Agreement) .  
Table A1. 5 Malaysia: Sector specific commitments in trade in services under the Protocol  
Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services  
A. Professional  Services  Improved  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Improved  Partial  Full Partial  Partial  
C. Research  and Development  Services  Improved  Partial  Partial  Partial  Partial  
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  Improved  Partial  Partial  Partial  Partial  
F. Other   Improved  Partial  Partial  Partial  Partial  
2. Communication services  
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  --- --- --- --- 
C. Telecommunication  services  Improved  Partial  Partial  Partial  Partial  
D. Audiovisual  services  Similar  Partial  Partial  Partial  Partial  
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services   
A. General  construction  work for buildings  Improved  Partial  Partial  Partial  Partial  
B. General  construction  work for civil engineering  Improved  Partial  Partial  Partial  Partial  
C. Installation  and assembly  work  Improved  Partial  Partial  Partial  Partial  
D. Building  completion  and finishing  work  Improved  Partial  Partial  Partial  Partial  
E. Other  Improved  Partial  Partial  Partial  Partial  
4. Distribution services  
A. Commission  agents'  services  New  Partial  Partial  --- --- 
B. Wholesale  trade services  New Partial  Partial  --- --- 
C. Retailing  services  New Partial  Partial  --- --- 
D. Franchising  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
5. Educational services  
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  New Partial  Partial  --- --- 
C. Higher education services  New Partial  Partial  --- --- 
D. Adult education  Same  --- --- --- --- 
E. Other  New Full Partial  --- --- 
6. Environmental services  
A. Sewage services  Same  --- --- --- --- 
B. Refuse disposal services  Same  --- --- --- --- 
C. Sanitation and similar services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
7. Financial services  
A. All insurance  and insurance -related  services  Improved  Partial  Partial  Partial  Partial  WT/REG 277/4  
 
- 39 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
B. Banking  and other  financial  services  Improved  Partial  Partial  Partial  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services   
A. Hospital services  Improved  Partial  Partial  Partial  Partial  
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  New Partial  Partial  --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Improved  Partial  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Improved  Full Partial  Full Partial  
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting services   
A. Entertainment  services  Same  Partial  Partial  Partial  Partial  
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  Partial  Partial  Partial  Partial  
E. Other  New Partial  Partial  --- --- 
11. Transport services  
A. Maritime Transport Services  Improved  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air  Transport  Services  Same  --- --- --- --- 
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road Transport  Services  Same  --- --- --- --- 
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  Same  Partial  Partial  Partial  Partial  
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Improved  Partial  Partial  Partial  Partial  
General Note: MFN and Horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those u nder the GATS.  
Same:   Identical commitments.  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol.  
Source:  Malaysia's  Draft Consolidated GATS Schedule of Specific Commitments ( S/DCS/W/MYS ), prepared by 
the Secretariat (in 2003), and its Schedule in Appendix 2 to the Protocol (incorporated as Annex 6 to 
the AJCEP Agreement).  
Business services  
 
54. Malaysia  generally  improves its commitments in business services under the Protocol  with 
additional  partial liberalization  in the sectors  committed  under the GATS  and new undertakings in 
professional, computer, R&D, rental/leasing services without operators and other business services.  WT/REG 277/4 
 
- 40 - 
 
  Communication services  
 
55. Commitments are improved in teleco mmunications services, which is reclassified under the 
Protocol, based on domestic regulations .8 In audiovisual services, while its commitments in motion 
picture, video tape and audio recording distribution services (CPC 96113) are the same as under the 
GATS, there are no commitments for broadcasting services (part of CPC 7524), which are partially 
covered under the GATS.   
Construction and related engineering services  
 
56. Under the Protocol, Malaysia improves its GATS commitments in construction and related 
engineering services, inter alia , with maximum foreign shareholding in the joint -venture corporation 
not exceeding 49%.  
Distribution services ; Education services  
 
57. Under the Protocol, Malaysia undertakes new partial commitments in distribution (some 
commission agents9, wholesale trade and retail  and educational (secondary, higher and other)  
services.  
Environmental services  
 
58. Both under the GATS  and the Protocol  there are no commitments in environmental services.  
Financial services  
 
59. Malaysia generally  improves its GATS commitments  in financial services under the Protocol 
with some liberalization, inter alia , of the supply of certain financial services through commercial 
presence.  
Health related and social services  
 
60. In comparison with the GATS, Malays ia improves its commitments in the supply of private 
hospital services (part of CPC 93110) by increasing the aggregate foreign shareholding in joint -
venture corporations up to 49% and undertaking new commitments in some social services where 
market access limitations apply only for mode 3.  
Tourism and travel related services  
 
61. Under the Protocol, Malaysia generally improves its GATS commitments in some hotel and 
restaurant, and travel agenc y and tour operator services , inter alia , by removing market access and 
national treatment limitations for mode 1 and increasing aggregate foreign shareholdings in joint -
venture corporations up to 51% and 49%, respectively.   
Recreational and cultural and sporting services  
 
62. Building upon its GAT S commitments, Malaysia makes new partial commitments in theme 
parks with specific market access limitations applie d only for mode 3. 
Transport services  
 
63. Malaysia generally improves its GATS commitments in transport services sector, in particular 
in marit ime transport services with new partial commitments  in the rental of cargo vessels with crew 
for international shipping (CPC 7213) .  
 
8 The reclassification is based on the provision of services by Network Service  Providers (NSP), and 
Application Service Providers (ASP) and of basic, local, inter -exchange and international services; services 
supplied over public telecommunications transport networks using any network technology, and facilities 
regardless of whether  the means of delivery are wired or wireless, are mapped into the three categories.  
9 Only for textile, clothing and footwear.  WT/REG 277/4  
 
- 41 - 
 
  Other Services not Included Elsewhere  
 
64. Under the Protocol, Malaysia improves its GATS commitments in some skills training s ervices, 
by extending aggregate foreign shareholding in joint -venture corporation s up to 49%.   
Myanmar  
 
Horizontal commitments  
 
65. Unlike under the GATS, Myanmar has a number of horizontal market access and/or national 
treatment limitations for commercial presence . Other horizontal reservations concern mode 4  
(Section  3.3.6 of this factual presentation ). 
Sector -specific commitments  
 
66. The following section identifies some of the main differenc es, by sector, between Myanmar's 
specific commitments under the GATS and the Agreement. As under its GATS schedule, Myanmar  
makes commitments in seven  out of twelve sectors in  the Protocol , with no commitments for 
distribution, environmental, health relate d and social, recreational and cultural and sporting  services , 
and other services not included elsewhere .  
67. Table A1.6 provides an overview of Myanmar's  specific commitments in modes 1 -3 under the 
Protocol . Horizontal limitations and MFN reservations are no t taken into account in the table which 
should be read in conjunction with the respective part of Appendix 2 to the Protocol (incorporated 
as Annex 6 to the AJCEP Agreement).  
Table A1. 6 Myanmar: Sector specific commitments in trade in services under the 
Protocol  
Sectors  
Sub-sectors  
FTA as 
compared 
to GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services   
A. Professional  Services  New  Partial  Partial  --- --- 
B. Computer  and Related  Services  New Full Full --- --- 
C. Research  and Development  Services  Same  --- --- --- --- 
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  New  Partial  Full --- --- 
F. Other   New  Partial  Partial  --- --- 
2. Communication services   
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  --- --- --- --- 
C. Telecommunication  services  New  Partial  Partial  --- --- 
D. Audiovisual  services  New  Partial  Partial  --- --- 
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services   
A. General  construction  work for buildings  New  Full Full  --- --- 
B. General  construction  work for civil engineering  New  Full Full  --- --- 
C. Installation  and assembly  work  New  Full Full  --- --- 
D. Building  completion  and finishing  work  New  Full Full  --- --- 
E. Other  New  Full Full  --- --- 
4. Distribution services        
A. Commission  agents'  services  Same  --- --- --- --- 
B. Wholesale  trade services  Same  --- --- --- --- 
C. Retailing  services  Same  --- --- --- --- 
D. Franchising  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- WT/REG 277/4 
 
- 42 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared 
to GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
5. Educational services        
A. Primary education services  New  Full Full  --- --- 
B. Secondary education services  New  Partial  Full  --- --- 
C. Higher education services  New  Full Full  --- --- 
D. Adult education  New  Partial  Full  --- --- 
E. Other  New  Partial  Full  --- --- 
6. Environmental services   
A. Sewage services  Same  --- --- --- --- 
B. Refuse disposal services  Same  --- --- --- --- 
C. Sanitation and similar services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
7. Financial services  
A. All insurance  and insurance -related  services  New  Partial  Partial  --- --- 
B. Banking  and other  financial  services  New  Partial  Partial  --- --- 
C. Other  Same  --- --- --- --- 
8. Health related and social services  
A. Hospital services  Same  --- --- --- --- 
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Narrower  Partial  Partial  Full Partial  
B. Travel  agencies  and tour operators  services  Same  Full Partial  Full Partial  
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting services  
A. Entertainment  services  Same  --- --- --- --- 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services        
A. Maritime Transport Services  Improved  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Narrower  --- --- Partial  Partial  
C. Air  Transport  Services  New Partial  Partial  --- --- 
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road  Transport  Services  Narrower  --- --- Partial  Partial  
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  New Partial  Partial  --- --- 
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market acc ess or national treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those under the GATS.  
Narrower:  Some additional limitations (as compared to GA TS commitments).  
Same:   Identical commitments.  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol . 
Source:  Myanmar's GATS Schedule of Specific Commitments ( GATS/SC/59 ) and its Schedule in Appendix 2  
to the Protocol (incorporated as Annex 6 to the AJCEP Agreement) . WT/REG 277/4  
 
- 43 - 
 
  Business services  
 
68. In comparison to its GATS Schedule, Myanmar undertakes new commitments in  professional, 
computer, rental/leasing services without operators  and other business services. W hile there are  no 
market access and national treatment limitations on the provision of scheduled services, specific 
requirements apply to accounting, auditing and bookkeeping services (CPC 862) th rough mode 3, 
while for all listed other business services mode 3 remains unbound under the Protocol.  
Communication services  
 
69. Myanmar undertakes new liberalization commitments in some telecommunications and 
audiovisual services. While the cross -border supply of value -added telecommunications services 
must comply with existing rules and regulations, and utilization of the National Ga teway only, 
commercial presence remains unbound for motion picture projection and cinema theatre services 
(CPC 9612 and 9615).  
Construction and related engineering services  
 
70. Under the Protocol, Myanmar does not schedule any specific market access or nation al 
treatment limitations for the supply of construction and related engineering services.  
Distribution services ; Environmental services; Health related and social services; 
Recreational and cultural and sporting services; Other Services not Included Elsewh ere  
 
71. As under the GATS, no commitments are scheduled for distribution , environmental, health 
related and social,  recreational and cultural and sporting  services , and o ther services not included 
elsewhere . 
Education services  
 
72. Under the Protocol, Myanmar has no specific market access or national treatment limitations 
for the supply of primary, secondary  (except higher secondary) , higher, adult10 and other11 
educational services.  It has no GATS commitments in these services.  
Financial services  
 
73. Under the Protocol, Myanmar does not schedule any specific market access or national 
treatment limitations for the supply of some insurance and insurance -related services12, while for 
banking and other financial services specific market access and national treatment requirements 
apply for the supply of foreign bank representative offices (CPC 811) and branches (CPC811)  
services; guarantee and commitments (CPC 81199); and the provision of f inancial information, and 
financial data processing and related software by suppliers of other financial services (CPC 8131).  
Tourism and travel related services  
 
74. While maintaining the same GATS market access and national treatment conditions  as for tour  
operator services, Myanmar, unlike in its GATS Schedule, does not make any commitments in motel 
lodging services, other lodging services and other food serving services under the Protocol 
(CPC 64120, 6419 and 64290, respectively) . 
 
10 Only for professional and/or short courses education services: language courses and training, and 
business courses (part of CP C 924).  
11 Only for skills training services covering the provision of training for technical, supervisory and 
production related functional levels in new and emerging technologies as follows: (1) automated manufacturing 
technology; (2) advanced materials technology ; (3) biotechnology; (4) electronic; (5) other services 
information technology; (6) avionics (part of CPC 929).  
12 New commitments are scheduled in average and loss adjustment services (CPC 81403) and actuarial 
services, for the latter - the cross -border s upply is subject to specific national treatment requirements.  WT/REG 277/4 
 
- 44 - 
 
  Transport services  
 
75. While under the Protocol Myanmar schedules new partial liberalization commitments in some 
maritime and air transportation  services , and services auxiliary to all modes of supply  related only 
to maritime  services , no commitments are made for tourist transpo rt operation s as under the GATS.  
Philippines  
 
Horizontal commitments  
 
76. The Philippines maintains  its GATS mode 3 horizontal limitations , which  relate to activities 
expressly reserved by law to citizens of the Philippines, acquisition of land, and access to domestic 
credit.  In addition, all measures taken by local government units, governing permanent residents 
and taxation are unbound for all mo des of supply u nder the Protocol . Other horizontal reservations 
concern mode 4  (Section  3.3.6 of this factual presentation ). 
Sector -specific commitments  
 
77. The following section identifies some of the main differences, by sector, between the 
Philippines  specific commitments under the GATS and the Protocol . As under its GATS schedule, the 
Philippines  makes  commitments in five out of twelve sectors in the Protocol , with no commitments 
for construction and related engineering; distribution; education; environmen tal; health related and 
social; recreational and cultural and sporting  services ; and other services not included elsewhere .  
78. Table A1.7 provides an overview of the Philippines'  specific commitments in modes 1 -3 under 
the Protocol . Horizontal limitations and MFN reservations are not taken into account in the table 
which should be read in conjunction with the respective part of Appendix 2 to the Protocol 
(incorporated as Annex 6 t o the AJCEP Agreement).  
Table A1. 7 The Philippines: Sector specific commitments in trade in services under the 
Protocol  
Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services  
A. Professional  Services  New Partial  Partial  --- --- 
B. Computer  and Related  Services  New Partial  Partial  --- --- 
C. Research  and Development  Services  Same  --- --- --- --- 
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  Same  Partial  Partial  Partial  Partial  
F. Other   New Partial  Partial  --- --- 
2. Communication services  
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Narrower  --- --- Full Partial  
C. Telecommunication  services  Similar  Partial  Partial  Partial  Partial  
D. Audiovisual  services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services   
A. General  construction  work for buildings  Same  --- --- --- --- 
B. General  construction  work for civil engineering  Same  --- --- --- --- 
C. Installation  and assembly  work  Same  --- --- --- --- 
D. Building  completion  and finishing  work  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
4. Distribution services   
A. Commission  agents'  services  Same  --- --- --- --- 
B. Wholesale  trade services  Same  --- --- --- --- WT/REG 277/4  
 
- 45 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
C. Retailing  services  Same  --- --- --- --- 
D. Franchising  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
5. Educational services   
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  Same  --- --- --- --- 
C. Higher education services  Same  --- --- --- --- 
D. Adult education  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
6. Environmental services  
A. Sewage services  Same  --- --- --- --- 
B. Refuse disposal services  Same  --- --- --- --- 
C. Sanitation and similar services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
7. Financial services   
A. All insurance  and insurance -related  services  Improved  Partial  Partial  Partial  Partial  
B. Banking  and other  financial  services  Similar  Partial  Partial  Partial  Partial  
C. Other  ---     
8. Health related and social services  
A. Hospital services  Same  --- --- --- --- 
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Improved  Partial  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Improved  Partial  Partial  Partial  Partial  
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting services   
A. Entertainment  services  Same  --- --- --- --- 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport servic es  
A. Maritime Transport Services  Same  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air Transport  Services  Improved  Partial  Partial  Partial  Partial  
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  Partial  Partial  Partial  Partial  
F. Road  Transport  Services  Same  Partial  Partial  Partial  Partial  
G. Pipeline  Transport  New Full Partial  --- --- 
H. Services  auxiliary  to all modes  of transport  Narrower  Partial  Partial  Partial  Partial  
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market acc ess or national treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those under the GATS.  
Narrower:  Some additional limitations (as compared to GA TS commitments).  
Same:   Identical commitments.  WT/REG 277/4 
 
- 46 - 
 
  Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol.  
Source:  The Philippines ' Draft Consolidated GATS Schedule of Specific Commitments ( S/DCS/W/PHL ), 
prepared by the Secretariat (in 2003) and its Schedule in Appendix 2 to the Protocol (incorporated 
as Annex 6 to the AJCEP Agreement) . 
Business services  
 
79. The Philippines improves its GATS commitments with new partial l iberalization commitments 
made in professional, computer  and other business services  where most of the market access and/or 
national treatment limitations apply to mode 3 . Unlike under the GATS, broad market access and 
national treatment limitations apply for the scheduled subsectors for mode s 3 and 2, respectively.  
Communication services  
 
80. In communication services, the Philippines commitments under the Protocol seem to be 
narrower than under the GATS, as courier and some13 telecommunication services are not scheduled. 
However, in telecommunication services, the Philippines make new partial liberalization 
commitments in satellite , data and message transmission , data network services (CPC 75231) , 
electronic message and information services (CPC 75232)  and in some value -added services, i.e. 
electronic mail (CPC 7523**), value added facsimile service s (CPC 7523**) and code and protocol 
conversion . 
Construction and related engineering services ; Distribution services; Education services; 
Environmental services ; Health related and social services ; Recreational and cultural and 
sporting services ; Other services not included elsewhere services  
 
81. As under the GATS, no commitments are scheduled for  these services . 
Financial services  
 
82. Generally, t he Philippines improve s its commitments in financial services, in particular  market 
access for the supply of insurance and insurance -related services through commercial presence 
which is  partially further liberalized in comparison to the GATS. In banking and other financial 
services,  it improve s the conditions for  the supply ing services by investment houses and makes new 
commitments in stockbroker dealer and salesman of stock dealer  services. However, u nder the 
Protocol market limitations for the supply of some14 services throu gh commercial presence seem to 
be narrower that under the GATS.  
Tourism and travel related services  
 
83. Building upon its GATS Schedule, the Philippines generally improves market access for travel 
agencies services and broadens the scope for hotel and restaur ants services .15 
Transport services  
 
84. While maintaining its GATS commitments in transport services (particularly in maritime, rail, 
road16), the Philippines i mproves market access conditions for the cross -border supply of selling and 
marketing of air transport17 (General Sales Agent (GSA) and Cargo Sales Agent (CSA))  and makes 
 
13 Unlike under the GATS, no commitments are made for voice mail; on -line information and data base 
retrieval; electronic data exchange; and videotex.  
14 This refers to the required organisation  structure to supply services such as factoring; securities 
dealership/brokerage; participation in issues of all kinds of securities, including underwriting and placement as 
agent (whether publicly or privately) and provision of services related to such is sues.  
15 This refers to the commitments made by the Philippines in hotel/lodging services (CPC 64110) and 
restaurants (CPC 6421 -64310) under the Protocol.  
16 Under the Protocol, the Philippines schedules commitments only in maintenance and repair of road 
vehicles (CPC 6112), while there is no such specific classification under its GATS Schedule.  
17 For the Philippines, selling and marketing services are categorized and defined following existing 
Philippine laws and rules and regulations of its aeronautical authorities as Off -line Carriers, General Sales Agent 
(GSA) and Cargo Sales Agent (CSA).  WT/REG 277/4  
 
- 47 - 
 
  new partial liberalization commitments for off -line carriers . In addition, new partial liberalization 
commitments are made in pipeline transport (CPC 713), while cross -border su pply of f reight 
forwarding services  is unbound under the Protocol, unlike under the GATS.  
Singapore  
 
Horizontal commitments  
 
85. Unlike under the GATS, Singapore does not list any h orizontal commitments /limitations  under 
the Protocol.  
Sector -specific commitments  
 
86. The following section identifies some of the main differences, by sector, between Singapore's 
specific commitments under the GATS and the Protocol . Singapore improves on its GATS Schedule 
and makes  commitments in all twelve sec tors in the Protocol .  
87. Table A1.8 provides an overview of Singapore's  specific commitments in modes 1 -3 under the 
Protocol . Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective part of Appendix 2 to the Protocol (incorporated 
as Annex 6 to the AJCEP Agreement).  
Table A1. 8 Singapore: Sector specific commitments in trade in services under the 
Protocol  
Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services  
A. Professional  Services  Improved  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Improved  Partial  Partial  Partial  Partial  
C. Research  and Development  Services  Improved  Partial  Full  Partial  Full  
D. Real  Estate  Services  New  Partial  Full --- --- 
E. Rental/Leasing  Services  without  Operators  New  Partial  Partial  --- --- 
F. Other   Improved  Partial  Partial  Partial  Partial  
2. Communication services  
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  Partial  Partial  Partial  Partial  
C. Telecommunication  services  Improved  Partial  Partial  Partial  Partial  
D. Audiovisual  services  Same  Partial  Partial  Partial  Partial  
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services  
A. General  construction  work for buildings  Same  Full  Full  Full  Full  
B. General  construction  work for civil engineering  Same  Full  Full  Full  Full  
C. Installation  and assembly  work  Same  Full  Full  Full  Full  
D. Building  completion  and finishing  work  Same  Full  Full  Full  Full  
E. Other  Same  Full  Full  Full  Full  
4. Distribution services  
A. Commission  agents'  services  New  Partial  Partial  --- --- 
B. Wholesale  trade services  New  Partial  Partial  --- --- 
C. Retailing  services  Same  --- --- --- --- 
D. Franchising  New  Partial  Partial  --- --- 
E. Other  Same  --- --- --- --- 
5. Educational services  
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  Same  --- --- --- --- 
C. Higher education services  Same  --- --- --- --- 
D. Adult education  New  Full  Full  --- --- WT/REG 277/4 
 
- 48 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
E. Other  Same  --- --- --- --- 
6. Environmental services  
A. Sewage services  Same  --- --- --- --- 
B. Refuse disposal services  Same  --- --- --- --- 
C. Sanitation and similar services  New  Full  Partial   --- --- 
D. Other  New  Partial  Partial  --- --- 
7. Financial services  
A. All insurance  and insurance -related  services  Similar  Full Partial  Full  Partial  
B. Banking  and other  financial  services  Similar  Full Partial  Full  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services  
A. Hospital services  Same  --- --- --- --- 
B. Other Human Health Services  New  Partial  Partial  --- --- 
C. Social Services  New  Partial  Partial  --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Improved  Partial  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Improved  Full  Full  Full  Partial  
C. Tourist  guides  services  Improved  Full  Full  Full  Partial  
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting services  
A. Entertainment  services  New Full Full --- --- 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  Partial  Partial  Partial  Partial  
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services  
A. Maritime Transport Services  Similar  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air  Transport  Services  Same  --- --- --- --- 
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road Transport  Services  Same  --- --- --- --- 
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  Same  Partial  Partial  Partial  Partial  
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  New  Partial  Partial  --- --- 
General Note: MFN and Horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those under the GATS.  
Same:   Identical commitments.  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol.  
Source:  Singapore's Draft Consolidated GATS Schedule of Specific Commitments ( S/DCS/W/SGP ), prepared 
by the Secretariat (in 2003), and its Schedule in Appendix 2 to the Protocol (incorporated as 
Annex  6 to the AJCEP Agreement).  WT/REG 277/4  
 
- 49 - 
 
  Business services  
 
88. Under the Protocol, Singapore generally improves its GATS commitments in business services, 
by making new partial commitments  in professional, computer, research and development,  and 
other business services . In addition, new partial liberalization commitme nts are scheduled in some 
real estate and rental/leasing services without operators.  
Communication services  
 
89. In telecommunications services, similar to the GATS, general conditions apply for the 
scheduled services, inter alia , the number of licences may be  limited due to scarce resources, such 
as rights of way and availability of frequency spectrum (excluding services regulated under the 
Broadcasting Act).  Specific market access and national treatment limitations generally remain the 
same as under the GATS.   
90. Under the Protocol , Singapore also broadens the scope of its commitments in basic 
telecommunication services (facilities based)  and value -added network (VAN) services. U nlike under 
the GATS, the scope of mobile services excludes public mobile broadband m ultimedia services and 
public fixed –wireless broadband multimedia services , while the provisions of VAN services is subject 
to registration for store and retrieve VAN services from the Infocomm Media Development Authority 
of Singapore (IDA) .18 
91. Its GATS co mmitments in courier and audiovisual services are maintained with postal and 
other communication services remaining unbound.  
Construction and related engineering services  
 
92. Under the Protocol, Singapore maintains its GATS commitments with no specific market access 
and/or national treatment limitations scheduled for construction services.  
Distribution services ; Education services; Environmental services  
 
93. In comparison to its GATS Schedule, Singapore lists new partial liberalization commitments  in 
distribution, education and environmental services. With no specific market access and/or national 
treatment limitations for the supply of such services, horizontal market access and national 
treatment limitations apply for the provision of distributio n services; for education services , market 
access and national treatment through any mode of supply shall not be construed to apply to the 
recognition of university degrees for the purpose of admission, registration and qualification for 
professional pract ice in Singapore; and cross -border supply of committed environmental services is 
unbound due to lack of technical feasibility.   
Financial services  
 
94. Under the Protocol, Singapore's commitments in financial services are similar to those under 
the GATS. In all insurance and insurance related services, while broadening the scope of insurance 
intermediation comprising broking and agency services via mode 2, new market access limitations 
are listed for the supply of life insurance services through mode 3 .  
95. In ban king and other financial services, with some improvements in acceptance of deposits 
and other repayable funds from the public; lending of all types; and participation in issues of all 
kinds of securities, some new market access limitations in mode 3 are li sted for the provision of  
asset management and settlement and clearing services for financial assets.  
Health related and social services  
 
96. Singapore improves its GATS commitment by scheduling  new partial liberalization 
commitments in some other human health  and social services.  
 
18 Services under CPC 7523 are included in Singapore 's commitments for VAN services.  WT/REG 277/4 
 
- 50 - 
 
  Tourism and travel related services  
 
97. Singapore improves its GATS commitments by undertaking new partial liberalization 
commitments for the supply of beverage serving services for consumption on the premises (part of 
CPC 643 ) and removing market access limitation for mode 3 for the provision of travel agencies and 
tour operators (CPC 7471) and tourist guide services (CPC 7472).   
Recreational and cultural and sporting services  
 
98. As an improvement to its GATS Schedule, Singapore schedules new liberalization 
commitments for the supply of entertainment services (including theatre, live bands and circus 
services) (CPC 9619).  
Transport services  
99. Under the Protocol, while scheduling new  partial commitments for the supply of international 
passenger transport, Singapore lists new registration requirement s of Singapore flag ships for the 
provision of, inter alia , international freight transport, except cabotage.   
Other Services not Included  Elsewhere  
 
100.  As an improvement to its GATS Schedule, Singapore schedules new partial liberalization 
commitments for the supply of washing, cleaning and dyeing services (CPC 9701); hairdressing and 
other beauty services (part of CPC 97030); and funeral, crem ation and undertaking services except 
maintenance services for cemeteries, and care of graves and graveyards (part of CPC 97030).  
Thailand   
 
Horizontal commitments  
 
101.  Building upon its GATS horizontal commitments, limited liability companies, incorporated a nd 
registered in Thailand, may have a limit on foreign equity participation up to 49% or 70% with 
specific market access and national treatment limitations applicable in each case. Other horizontal 
reservations concern mode 4  (Section  3.3.6 of this factual  presentation ). 
Sector -specific commitments  
 
102.  The following section identifies some of the main differences, by sector, between Thailand's  
specific commitments under the GATS and the Protocol . As under its GATS schedule, Thailand  makes 
commitments in ten out of twelve sectors in the Protocol , with no commitments for health related 
and social  services , and other services not included elsewhere.  
103.  Table A1.9 provides an overview of Thailand's  specific commitments in modes 1 -3 under the 
Protocol. Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective part of Appendix 2 to the Protocol (incorporated 
as Annex 6 to the AJCEP Agreement).  
Table A1. 9 Thailand: Sector specific commitments in trade in services under the Protocol  
Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services  
A. Professional  Services  Improved  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Improved  Partial  Partial  Partial  Partial  
C. Research  and Development  Services  New  Partial  Partial  --- --- 
D. Real  Estate  Services  New  Partial  Partial  --- --- 
E. Rental/Leasing  Services  without  Operators  Improved  Partial  Partial  Partial  Partial  
F. Other   Improved  Partial  Partial  Partial  Partial  WT/REG 277/4  
 
- 51 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
2. Communication services  
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  --- --- --- --- 
C. Telecommunication  services  Improved  Partial  Partial  Partial  Partial  
D. Audiovisual  services  Improved  Partial  Partial  Partial  Partial  
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services  
A. General  construction  work for buildings  Improved  Partial  Partial  Partial  Partial  
B. General  construction  work for civil engineering  Improved  Partial  Partial  Partial  Partial  
C. Installation  and assembly  work  Improved  Partial  Partial  Partial  Partial  
D. Building  completion  and finishing  work  New  Full Partial  --- --- 
E. Other  New  Full Partial  --- --- 
4. Distribution services  
A. Commission  agents'  services  Improved  Partial  Partial  Partial  Partial  
B. Wholesale  trade services  New  Partial  Partial  --- --- 
C. Retailing  services  Same  --- --- --- --- 
D. Franchising  New  Full Partial  --- --- 
E. Other  Same  --- --- --- --- 
5. Educational services  
A. Primary education services  Similar  Partial  Partial  Partial  Partial  
B. Secondary education services  Similar  Partial  Partial  Partial  Partial  
C. Higher education services  New  Partial  Partial  --- --- 
D. Adult education  Similar  Full Partial  Full Partial  
E. Other  New  Partial  Partial  --- --- 
6. Environmental services  
A. Sewage services  Improved  Partial  Partial  Partial  Partial  
B. Refuse disposal services  Improved  Full Partial  Full Partial  
C. Sanitation and similar services  Improved  Full Partial  Full Partial  
D. Other  Improved  Full Partial  Full Partial  
7. Financial services  
A. All insurance  and insurance -related  services  Same  Partial  Partial  Partial  Partial  
B. Banking  and other  financial  services  Improved  Partial  Partial  Partial  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services  
A. Hospital services  Same  --- --- --- --- 
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Improved  Partial  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Improved  Full Partial  Full Partial  
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Improved  Partial  Partial  Partial  Partial  
10. Recreational and cultural and sporting services  
A. Entertainment  services  New  Partial  Partial  Partial  Partial  
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  New  Partial  Partial  Partial  Partial  
D. Sporting and other recreational services  Improved  Partial  Partial  Partial  Partial  
E. Other  Same  --- --- --- --- 
11. Transport services  
A. Maritime Transport Services  Improved  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air  Transport  Services  Improved  Partial  Partial  Partial  Partial  WT/REG 277/4 
 
- 52 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Improved  Partial  Partial  Partial  Partial  
F. Road Transport  Services  Improved  Partial  Partial  Partial  Partial  
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  Improved  Partial  Partial  Partial  Partial  
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those u nder the GATS.  
Same:   Identical commitments.  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol.  
Source:  Thailand 's draft Consolidated GATS Schedule of Specific Commitments ( S/DCS/W/THA/Rev.1 ), 
prepared by the Secretariat (in 2003)  and GATS/SC/85/S uppl.2/Rev.1 , and its Schedule in Appendix 
2 to the Protocol (incorporated as Annex 6 to the AJCEP Agreement).   
Business services  
 
104.  Under the Protocol, Thailand generally improves  its national treatment conditions for the 
services scheduled under the GATS and broadens the scope of professional, computer, and other 
business services.  In addition, new partial liberalization commitments are made in some R&D  and 
real estate  services. A s under the GATS, cross -border supply of mo st business services remain 
unbound with some exceptions.  
Communication services  
 
105.  While under the GATS Thailand makes commitments for some basic telecommunication  
service s in accordance with obligations in the  Reference Paper on Telecommunication Services,  
under the Protocol it generally improves its commitments  in telecommunications service s by 
broadening the scope , inter alia , of some value -added telecommunication services .  
106.  In audiovisual services, Thailand also improves its GATS commitments by removing specific 
national treatment limitations in mode 3 and makes new partial liberalization commitments for the 
supply of video tape production services for scientific education (C PC 1.1: 96121**) and sound 
recording services.  
Construction and related engineering services  
 
107.  Under the Protocol, Thailand improves national treatment conditions for the services scheduled 
under the GATS and broadens the scope of construction works for civ il engineering (CPC 513) and 
installation work (CPC 514 + 516) services. In addition , new partial liberalization commitments are 
made in building completion and finishing work (CPC 517) and other construction and related 
engineering services subsectors. As under the GATS, cross -border supply of construction and related 
engineering  services remains unbound.  
Distribution services  
 
108.  Thailand  improves its GATS Schedule , inter alia,  through  new partial commitments in 
wholesale trade services of sport s goods (CPC  62266) and franchising services with some limitations 
for mode 3.  WT/REG 277/4  
 
- 53 - 
 
  Education services  
 
109.  While undertaking similar commitments  as in the GATS  for the supply of some primary, 
secondary and adult educational services, Thailand makes new partial commitments in  higher 
education and other educational services (foreign language tuition services).  
Environmental services  
 
110.  Under the Protocol, Thailand improves national treatment conditions for  environmental  
services scheduled under the GATS and broadens the scope of sanitation and similar services by 
listing new partial commitments for beach cleaning services and drain unblocking services (CPC 1.1: 
94390**). As under the GATS, cross -border supply of environm ental services remains unbound.  
Financial services  
 
111.  While maintaining its GATS commitments in insurance and insurance  related services, under 
the Protocol Thailand lifts market access and national treatment limitations on mode 3 under the 
GATS in banking and other financial services for international banking facility , finance and credit 
foncier companies.  
Health related and social services ; Other Services not Included Elsewhere  
 
112.  As under the GATS, no commitments are made in health related and social  services, and other 
services  not included elsewhere . 
Tourism and travel related services  
 
113.  Under the Protocol, Thailand overall improves its  GATS commitments in tourism and travel 
related services, inter alia , by extending the scope of hotels and restaurants and travel agencies and 
tour operators services.   
Recreational and cultural and sporting services  
 
114.  Building on its GATS Schedu le, Thailand makes new partial liberalization commitments in 
amusement parks and private library services. Cross bord er supply of recreational, cultural and 
sporting services remains largely unbound.  
Transport services  
 
115.  Under the Protocol, Thailand improves national treatment conditions for  transport  services 
scheduled under the GATS and broadens the scope of maritime  services  and services auxiliary to all 
modes of transport.  
Viet Nam  
 
Horizontal commitments  
 
116.  Viet Nam's horizontal commitments/limitations are similar to those under the GATS and cover, 
inter alia , types of commercial presence, operation of representative o ffices and establishment of 
branches a mong other horizontal limitations. Other horizontal reservations concern mode 4  
(Section  3.3.6 of this factual presentation ). 
Sector -specific commitments  
 
117.  The following section identifies some of the main differences, by sector, between Viet Nam's 
specific commitments under the GATS and the Protocol . As under its GATS schedule, Viet Nam makes 
commitments in eleven out of twelve sectors in the Protocol , with no commitments for other services 
not included elsewhere.  WT/REG 277/4 
 
- 54 - 
 
  118.  Table A1.10 provides an overview of Viet Nam's specific commitments in modes 1 -3 under the 
Agreement. Horizontal limitations and MFN reservations are not taken into account in the table which 
shoul d be read in conjunction with the respective part of Appendix 2 to the Protocol (incorporated 
as Annex 6 to the AJCEP Agreement).  
Table A1. 10 Viet Nam: Sector specific commitments in trade in services under the 
Protocol  
Sectors   
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services  
A. Professional  Services  Narrower   Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Same  Full  Partial  Full  Partial  
C. Research  and Development  Services  Same  Partial  Full  Partial  Full  
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  Improved  Partial  Partial  Partial  Partial  
F. Other   Same  Partial  Partial  Partial  Partial  
2. Communication services  
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  Partial  Partial  Partial  Partial  
C. Telecommunication  services  Same  Full  Partial  Full  Partial  
D. Audiovisual  services  Same  Partial  Partial  Partial  Partial  
E. Other  Same  --- --- --- --- 
3. Construction and related engineering services  
A. General  construction  work for buildings  Same  Full  Partial  Full  Partial  
B. General  construction  work for civil engineering  Same  Full  Partial  Full  Partial  
C. Installation  and assembly  work  Same  Full  Partial  Full  Partial  
D. Building  completion  and finishing  work  Same  Full  Partial  Full  Partial  
E. Other  Same  Full  Partial  Full  Partial  
4. Distribution services  
A. Commission  agents'  services  Same  Partial  Partial  Partial  Partial  
B. Wholesale  trade services  Same  Partial  Partial  Partial  Partial  
C. Retailing  services  Same  Partial  Partial  Partial  Partial  
D. Franchising  Same  Full  Partial  Full  Partial  
E. Other  Same  --- --- --- --- 
5. Educational services  
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  Improved  Full  Partial  Full  Partial  
C. Higher education services  Improved  Full  Partial  Full  Partial  
D. Adult education  Same  Full  Partial  Full  Partial  
E. Other  Improved  Full  Partial  Full  Partial  
6. Environmental services  
A. Sewage services  Same  Full  Partial  Full  Partial  
B. Refuse disposal services  Same  Partial  Partial  Partial  Partial  
C. Sanitation and similar services  Same  --- --- --- --- 
D. Other  Same  Partial  Partial  Partial  Partial  
7. Financial services  
A. All insurance  and insurance -related  services  Same  Partial  Partial  Partial  Partial  
B. Banking  and other  financial  services  Same  Full  Partial  Full  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services  
A. Hospital services  Same  Full  Partial  Full  Partial  
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Same  Partial  Partial  Partial  Partial  WT/REG 277/4  
 
- 55 - 
 
  Sectors   
Sub-sectors  
FTA as 
compared to 
GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
B. Travel  agencies  and tour operators  services  Same  Full  Partial  Full  Partial  
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting services  
A. Entertainment  services  Same  Full  Partial  Full  Partial  
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  Partial  Partial  Partial  Partial  
E. Other  Same  --- --- --- --- 
11. Transport services  
A. Maritime Transport Services  Same  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  Partial  Partial  Partial  Partial  
C. Air  Transport  Services  Same  Partial  Partial  Partial  Partial  
D. Space  Transport  Same  --- --- --- --- 
E. Rail Transport  Services  Same  Partial  Partial  Partial  Partial  
F. Road  Transport  Services  Same  Partial  Partial  Partial  Partial  
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  Same  Partial  Partial  Partial  Partial  
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market acc ess or national treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those under the GATS.  
Narrower:  Some additional limitations (as compared to GA TS commitments).  
Same:   Identical commitments.  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol.  
Source:  Viet Nam 's GATS Schedule of specific commitments (GATS/SC/142 ) and its Schedule in Appendix  2 
to the Protocol (incorporated as Annex 6 to the AJCEP Agreement).   
Business services  
 
119.  In business services, Viet Nam largely maintains the same level of c ommitments as under the 
GATS, except for professional services, where  new additional market access limitations are listed for 
some legal services  provided  through commercial presence.  In addition, in rental/leasing services 
without operations, the cross-border supply of services related to other machinery and equipment 
is not subject to any specific market access or national treatment limitations under the Protocol.  
Communication services ; Construction and related engineering services ; Distribution 
service s; Environmental services; Financial services ; Health related and social services ; 
Tourism and travel related services ; Recreational and cultural and sporting services ; 
Transport services; Other Services not Included Elsewhere  
 
120.  Under the Protocol, Viet Nam maintains its GATS  commitments in these services .   
Education services  
 
121.  Building upon its GATS Schedule, Viet Nam generally improves the conditions for supply of 
some higher  and technical and vocational secondary educational s ervices (CPC 9222 and 9223, 
respectively). In additional, foreign teachers who wish to work in schools with foreign investment 
shall have at least 3 years , instead of 5 years as under the GATS,  of teaching experience  when WT/REG 277/4 
 
- 56 - 
 
  providing  higher or other educatio nal services , including foreign language training  (CPC 923  and 
929, respectively ). Under the Protocol, Viet Nam also undertakes additional commitments in higher 
education services sector.  
Japan  
 
Horizontal commitments  
 
122.  Under the Protocol Japan has no horizontal reservations , while under the GATS  Japan has a 
national treatment reservatio n for research and development subsidies (Mode 3); other horizontal 
exemptions concern mode 4  (Section  3.3.6 of this factual presentation ). 
123.  Japan has no MFN exemptions under the GATS , while  under the Protocol  it has four MFN 
reservations  related to maritim e freight forwarding services, international shipping services 
(including passenger and freight transportation), energy services and fisheries related services.   
Sector -specific commitments  
 
124.  The following section identifies some of the main differences, by  sector, between Japan 's 
specific commitments under the GATS and the Protocol . As an improvement to its GATS Schedule, 
Japan  makes  commitments in all twelve sectors in the Protocol .  
125.  Table A1.11 provides an overview of Japan 's specific commitments in modes 1 -3 under the 
Protocol . Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective part of Appendix 2 to the Protocol (incorporated 
as Annex 6 t o the AJCEP Agreement).  
Table A1. 11 Japan: Sector specific commitments in trade in services under the Protocol  
Sectors  
Sub-sectors  
FTA as 
compared 
to GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
1. Business services  
A. Professional  Services  Improved  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Same  Partial  Full Partial  Full 
C. Research  and Development  Services  Improved  Full Full Partial  Full 
D. Real  Estate  Services  Same  Full Partial  Full Partial  
E. Rental/Leasing  Services  without  Operators  Improved  Full Partial  Partial  Full 
F. Other   Improved  Partial  Partial  Partial  Partial  
2. Communication services  
A. Postal  services  New  Partial  Full --- --- 
B. Courier  services  New  Partial  Full --- --- 
C. Telecommunication  services  Similar  Full Partial  Partial  Partial  
D. Audiovisual  services  Improved  Full Partial  Partial  Partial  
E. Other  Similar   Full --- --- --- 
3. Construction and related engineering services  
A. General  construction  work for buildings  Improved  Full Partial  Partial  Partial  
B. General  construction  work for civil engineering  Improved  Full Partial  Partial  Partial  
C. Installation  and assembly  work  Improved  Full Partial  Partial  Partial  
D. Building  completion  and finishing  work  Improved  Full Partial  Partial  Partial  
E. Other  Improved  Full Partial  Partial  Partial  
4. Distribution services  
A. Commission  agents'  services  Improved  Partial  Partial  Partial  Partial  
B. Wholesale  trade services  Improved  Partial  Partial  Partial  Partial  
C. Retailing  services  Improved  Partial  Partial  Partial  Partial  
D. Franchising  Improved  Partial  Partial  Partial  Partial  
E. Other  New  Partial  Partial  --- --- WT/REG 277/4  
 
- 57 - 
 
  Sectors  
Sub-sectors  
FTA as 
compared 
to GATS  FTA GATS  
Sectoral 
coverage  Commit -
ments  Sectoral 
coverage  Commit -
ments  
5. Educational services  
A. Primary education services  Improved  Partial  Partial  Partial  Partial  
B. Secondary education services  Same  Partial  Partial  Partial  Partial  
C. Higher education services  Improved  Partial  Partial  Partial  Partial  
D. Adult education  Same  Partial  Partial  Partial  Partial  
E. Other  New  Full Partial  --- --- 
6. Environmental services  
A. Sewage services  Same  Full Partial  Full Partial  
B. Refuse disposal services  Improved  Full Partial  Full Partial  
C. Sanitation and similar services  Same  Full Partial  Full Partial  
D. Other  Same  Partial  Partial  Partial  Partial  
7. Financial services  
A. All insurance  and insurance -related  services  Improved  Partial  Partial  Partial  Partial  
B. Banking  and other  financial  services  Improved  Partial  Partial  Partial  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services  
A. Hospital services  Same  Full Partial  Full Partial  
B. Other Human Health Services  New  Full Partial  --- --- 
C. Social Services  New  Full Partial  --- --- 
D. Other  Similar  Full  --- --- --- 
9. Tourism and travel related services  
A. Hotels  and restaurants (including catering)  Improved  Full Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Same  Full Full Full Full 
C. Tourist  guides  services  Improved  Full Full Full Partial  
D. Other  Similar  Full --- --- --- 
10. Recreational and cultural and sporting services  
A. Entertainment  services  Improved  Full Full Full Partial  
B. News agency services  Same  Full Full Full Full 
C. Libraries, archives, museums and other 
cultural services  Improved  Full  Full Partial  Partial  
D. Sporting and other recreational services  Improved  Partial  Full Partial  Partial  
E. Other  Similar  Full --- --- --- 
11. Transport services  
A. Maritime Transport Services  Improved  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Improved  Partial  Partial  Partial  Partial  
C. Air  Transport  Services  Same  Partial  Partial  Partial  Partial  
D. Space  Transport  New  Full  Partial  --- --- 
E. Rail Transport  Services  Improved  Partial  Partial  Partial  Partial  
F. Road  Transport  Services  Improved  Partial  Partial  Partial  Partial  
G. Pipeline  Transport  Improved  Full Partial  Partial  Full 
H. Services  auxiliary  to all modes  of transport  Improved  Partial  Partial  Partial  Partial  
I. Other   Similar  Full --- --- --- 
12. Other Services not Included Elsewhere  New  Partial   Partial  --- --- 
General Note : MFN and Horizontal limitations, as well as mode 4 commitments/limitations are not included.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or natio nal treatment limitations.  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those under the GATS.  
Same:   Identical commitments.  
Similar:  Similar liberalization, in in dividual cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Protocol.  
Source:  Japan 's Draft Consolidated GATS Schedule of Specific Commitments ( S/DCS/W/JPN ), prepared by 
the Secretariat (in  2003), and its Schedule in Appendix 2 to the Protocol (incorporated as Annex 6 to 
the AJCEP Agreement).  WT/REG 277/4 
 
- 58 - 
 
  Business services  
 
126.  In comparison to its GATS Schedule, Japan overall improves its commitments in business 
services, inter alia , by broadening the scope  of its commitments  in professional, R&D, rental/leasing 
without operators  and other business services.  
Communication services  
 
127.  Under the Protocol, Japan undertakes new liberalization commitments for postal/courier 
services, such as  correspondence -delivery services , suppliers of which  require  
permission/registration for related modes of transport services.  Other postal/courier serv ices are 
unbound  for all four modes of supply . 
128.  In telecommunications services, Japan improves conditions for scheduled basic 
telecommunications services by increasing the foreign capital participation to one third instead of 
one fifth under the GATS and un dertaking new partial liberalization commitments for telegraph 
services (CPC 7522). The same requirement for the foreign capital participation for value -added 
telecommunications services applies under the Protocol.  
129.  In audiovisual services, building on its GATS Schedule, Japan improves the cross -border 
supply of motion picture projection services (CPC 9612) and makes new commitments  in radio and 
television, including transmission, and sound recording services. Other audiovisual and other 
communication servic es are unbound for all four modes of supply.  
Construction and related engineering services  
 
130.  Under the Protocol, Japan improves its GATS commitments by making new partial 
commitments  in construction services related to mining.  
Distribution services  
 
131.  Japan broadens the scope of its commitments in distribution services sector under the 
Protocol, inter alia , through  new partial commitments  for franchising services related to petroleum 
and petroleum products, alcoholic beverages, and supplied in the public wholesale market, as well 
as wholesale trade and retailing services of steam and hot water.   
Education services  
 
132.  In comparison to its GATS Schedule, Japan generally improves its commitments in education 
services sector, inter alia , by improving con ditions for the supply through modes 1 and 2 of some 
higher education services and making new commitments in other education services.  
Environmental services  
 
133.  Under the Protocol, Japan removes the limitation on the number of licences for service 
suppliers  of waste oil disposal at sea from vessels, while the rest of its commitments in 
environmental services remain s as under the GATS.  
Financial services  
 
134.  Under the Protocol, Japan overall improves its GATS commitments in the sector through new 
commitments i n insurance intermediation services and removing some limitations on the supply of 
banking and other financial services through modes 1 and 3.  WT/REG 277/4  
 
- 59 - 
 
  Health related and social services  
 
135.  In comparison to its GATS Schedule, Japan broadens the scope of its commitments by making 
new partial undertakings in other human health and social19 services subsectors. Other health related 
and social services are unbound for modes 1 to 4.  
Tourism and travel related services  
 
136.  Japan broadens the scope of its commitments  in hotel and restaurant services and improves 
the cross -border supply of scheduled services, except for hotel management services.  Other tourism 
and travel related services are unbound for modes 1 to 4.  
Recreational and cultural and sporting services  
 
137.  Under the Protocol, Japan generally improves its GATS commitments, inter alia , by broadening 
the scope of its undertakings in libraries, archives, museums and other cultural services20, and in 
sporting and other recreational services .21 Other recreationa l and cultural and sporting services are 
unbound for modes 1 to 4.  
Transport services22 
 
138.  Japan broadens its GATS commitments in transport services under the Protocol in all related 
subsectors, except air transport services, for which  commitments are unch anged . In addition,  new 
partial undertakings are made in space transport services. Other transport services are unbound for 
modes 1 to 4.  
Other Services not Included Elsewhere  
 
139.  As an improvement to its GATS Schedule, Japan makes new commitments in some ot her 
services not included elsewhere, such as : washing, cleaning and dyeing services, laundry collection 
services, hairdressing and other beauty services, with only cross -border supply unbound.  
 
 
19 This includes services supplied by certified careworker, excluding child day -care services.  
20 This refers to new scheduled commitments in museum services including preservation services of 
historical sites and buildings (CPC 9632) and other cultural services (CPC 9633).  
21 This refers to new scheduled commitments in gambling and betting services ( CPC 96492, scheduled 
as unbound in modes 1 to 4) and other recreational services (CPC 96499).  
22 Measures affecting (a) passenger transport services by  air; (b) freight transport services by air; and 
(c) rental/leasing services of aircraft with crew/operat or are not  listed in Japan 's Schedule, as the y affect  traffic 
rights or services directly related  to the exercise of traffic rights to which  incorporated Chapter 6 does not  
apply. Japan 's commitment on freight transport agency services  does not include fre ight forwarding services by 
air transport  services.  WT/REG 277/4 
 
- 60 - 
 
  ANNEX 2  
CATEGORIES AND LENGTH OF STAY FOR TEMPORARY ENTRY OF NATURAL PERSONS UNDER  THE 
PROTOCOL  AND THE GATS  
Category  Maximum length of stay  Commitments 
for spouses and 
children under 
the FTA  FTA GATS  
Brunei Darussalam     
A. Short -term business visitors  90 days, extendable  No commitments  No  
B. Intra -corporate transferees  
▪ Managers  
▪ Executives  
▪ Specialists  3 years, extendable for 2 
additional years  3 years, extendable for 
2 additional years  No  
C. Investors  3 months, extendable to 
12 months  No commitments  No  
Cambodia     
A. Business visitors  90 days, extendable  90 days, extendable  No  
B. Persons responsible for setting up of 
a commercial establishment  Not subject to a 
maximum duration of 
stay. Not subject to a 
maximum duration of 
stay. No  
C. Intra -corporate transferees  
▪ Executives  
▪ Managers  
▪ Specialists  2 years, renewable up to 
5 years, and subject to 
temporary residency and 
work permit.  2 years, renewable up 
to 5 years, and subject 
to temporary residency 
and work permit.  No 
Indonesia     
A. Short -term business visitors  30 days, extendable up 
to maximum 60 days  No commitments  No  
B. Intra -corporate transferees  1 year, extendable  2 years, extendable; 
ENT applies.  No  
Lao PDR     
A. Short -term business visitors  30 days, with a maximum 
stay of 90 days  90 days  No  
B. Intra -corporate transferees  1 year, renewable up to 3 
years  1 year, renewable up 
to 3 years, and subject 
to temporary residency 
and work permit.  Yes  
C. Investors  30 days, with a maximum 
stay of 90 days  No commitments  No  
Malaysia     
A. Intra-corporate transferees  
▪ Senior managers  
▪ Specialists or experts  10 years  5 years  No  
B. Others  
▪ Specialists or experts  
▪ Professionals  
▪ Business visitors   
10 years  
10 years  
90 days   
5 years  
5 years  
90 days  No  
Myanmar     
A. Short -term business visitors  70 days  No commitments  No  
B. Intra -corporate transferees  
▪ Executives  
▪ Managers  
▪ Specialists  70 days, renewable; 
subject to committed 
sectors  No commitments  No  
The Philippines     
A. Business visitors  50 days, renewable up to 
1 year  No commitments  No  
B. Intra -corporate transferees  
▪ Executives  
▪ Managers  
▪ Specialists  1 year, extendable  No commitments  No  
C. Investors  1 year, extendable  No commitments  No  
Singapore     
A. Intra -corporate transferees  
▪ Executives  
▪ Managers  
▪ Specialists  3 years, extendable for 
up to 2 more years   3 years, extendable 
for a maximum of 2 
more years  No WT/REG 277/4  
 
- 61 - 
 
  Category  Maximum length of stay  Commitments 
for spouses and 
children under 
the FTA  FTA GATS  
Thailand     
A. Short -term business visitors  90 days  90 days  No  
B. Intra -corporate transferees  1 year, extendable for 3 
terms of not more than 1 
year each  1 year, extendable for 
2 terms of not more 
than 1 year each  No  
Viet Nam     
A. Service salespersons  90 days  90 days  No  
B. Intra -corporate transferees  
▪ Managers  
▪ Executives  
▪ Specialists  3 years, extendable  3 years, extendable  No  
C. Other personnel  
▪ Managers  
▪ Executives  
▪ Specialists  3 years, extendable  3 years, extendable  No  
D. Persons responsible for setting up a 
commercial presence  90 days  90 days  No  
E. Contractual service suppliers  90 days  90 days  No  
Japan     
A. Short -term business visitors  90 days, extendable  90 days  No 
B. Intra -corporate transferees  5 years, extendable  5 years  Yes  
C. Natural persons engaged in business 
activities which require technology or 
knowledge at an advanced level on the 
basis of a personal contract with public 
or private organisations in Japan  5 years, extendable  No commitments  Yes  
D. Investors  5 years, extendable  No commitments  Yes 
E. Professional services suppliers 
(legal, taxation, accounting)  5 years, extendable  5 years  Yes 
General note:  
ENT:  economic needs test  
Source:  Appendix 5 to the Protocol ( the incorporated Annex 9 ( specific commitments for the movement of 
natural persons) ) and the Parties' GATS schedules.  
 WT/REG 277/4 
 
- 62 - 
 
  ANNEX 3  
ASEAN MEMBER STATES AND JAPAN: PARTICIPATION IN RTAS ( NOTIFIED IN FORCE ), AS OF  
15 DECEMBER  2023 
RTA Name  Date of 
entry into 
forcea Coverage  GATT/WTO  Notification  
Year  WTO Provision  
ASEAN Member States - Collectively  
ASEAN – Hong Kong, China  11-Jun-19 Goods & 
Services  2021 GATT Art. XXIV & GATS Art. V  
ASEAN - Australia - New 
Zealand  01-Jan-10 Goods & 
Services  2010 GATT Art. XXIV & GATS Art. V  
ASEAN - India 01-Jan-10 
01-Jul-15 Goods  
Services  2010 
2015 Enabling Clause  
GATS Art. V  
ASEAN - Korea, Republic of  01-Jan-10 
01-May-09 Goods  
Services  2010 GATT Art. XXIV, Enabling Clause  
GATS Art. V  
ASEAN - Japan  01-Dec-08 
01-Aug-20 Goods  
Services  2009 
2022 GATT Art. XXIV  
GATS Art. V  
ASEAN - China  01-Jan-05 
01-Jul-07 Goods  
Services  2005 
2008 Enabling Clause  
GATS Art. V  
ASEAN Free Trade Area 
(AFTA)  17-May-10 
12-Aug-98 Goods  
Services  2021 
2022 GATT Art. XXIV  
GATS Art. V  
Individual ASEAN Member States  
Indonesia  – Korea, Republic 
of 01-Jan-23 Goods & 
Services  2023 GATT Art. XXIV & GATS Art. V  
Korea, Republic of - 
Cambodia  01-Dec-22 Goods  2023 GATT Art. XXIV  
Mozambique – Indonesia  06-Jun-22 Goods  2023 GATT Art. XXIV  
EFTA - Indonesia  01-Nov-21 Goods & 
Services  2022 GATT Art. XXIV & GATS Art. V  
United Kingdom - Singapore  11-Feb-21 Goods & 
Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Viet Nam  01-Jan-21 Goods & 
Services  2020 GATT Art. XXIV & GATS Art. V  
EU - Viet Nam  01-Aug-20 Goods & 
Services  2020 GATT Art. XXIV & GATS Art. V  
Indonesia  - Australia  05-Jul-20 Goods & 
Services  2021 GATT Art. XXIV & GATS Art. V  
EU - Singapore  21-Nov-19 Goods & 
Services  2020 GATT Art. XXIV & GATS Art. V  
Chile - Indonesia  10-Aug-19 Goods  2020 GATT Art. XXIV  
Comprehensive and 
Progressive Agreement for 
Trans -Pacific Partnership 
(CPTPP)b 30-Dec-18 Goods & 
Services  2018 GATT Art. XXIV & GATS Art. V  
EFTA - Philippines  01-Jun-18 Goods & 
Services  2018 GATT Art. XXIV & GATS Art. V  
Türkiye - Singapore  01-Oct-17 Goods & 
Services  2018 GATT Art. XXIV & GATS Art. V  
Eurasian Economic Union 
(EAEU) - Viet Nam  05-Oct-16 Goods & 
Services  2017 GATT Art. XXIV & GATS Art. V  
Korea, Republic of - Viet 
Nam 20-Dec-15 Goods & 
Services  2016 GATT Art. XXIV & GATS Art. V  
Chile - Thailand  05-Nov-15 Goods & 
Services  2017 GATT Art. XXIV & GATS Art. V  
Türkiye - Malaysia  01-Aug-15 Goods  2017 GATT Art. XXIV  
Singapore  - Chinese Taipei  19-Apr-14 Goods & 
Services  2014 GATT Art. XXIV & GATS Art. V  
Chile - Viet Nam  01-Jan-14 Goods  2015 GATT Art. XXIV  
Gulf Cooperation Council 
(GCC) - Singapore  01-Sep-13 Goods & 
Services  2015 Enabling Clause & GATS Art. V  
Indonesia  - Pakistan  01-Sep-13 Goods  2019 Enabling Clause  
Costa Rica - Singapore  01-Jul-13 Goods & 
Services  2013 GATT Art. XXIV & GATS Art. V  
Malaysia  - Australia  01-Jan-13 Goods & 
Services  2013 GATT Art. XXIV & GATS Art. V  
Chile - Malaysia  25-Feb-12 Goods  2013 GATT Art. XXIV  WT/REG 277/4  
 
- 63 - 
 
  RTA Name  Date of 
entry into 
forcea Coverage  GATT/WTO  Notification  
Year  WTO Provision  
India - Malaysia  01-Jul-11 Goods & 
Services  2011 Enabling Clause & GATS Art. V  
New Zealand - Malaysia  01-Aug-10 Goods & 
Services  2012 GATT Art. XXIV & GATS Art. V  
Japan - Viet Nam  01-Oct-09 Goods & 
Services  2009 GATT Art. XXIV & GATS Art. V  
Peru - Singapore  01-Aug-09 Goods & 
Services  2009 GATT Art. XXIV & GATS Art. V  
China - Singapore  01-Jan-09 Goods & 
Services  2009 GATT Art. XXIV & GATS Art. V  
Japan - Philippines  11-Dec-08 Goods & 
Services  2008 GATT Art. XXIV & GATS Art. V  
Brunei Darussalam  - Japan  31-Jul-08 Goods & 
Services  2008 GATT Art. XXIV & GATS Art. V  
Japan - Indonesia  01-Jul-08 Goods & 
Services  2008 GATT Art. XXIV & GATS Art. V  
Pakistan - Malaysia  01-Jan-08 Goods & 
Services  2008 Enabling Clause & GATS Art. V  
Japan - Thailand  01-Nov-07 Goods & 
Services  2007 GATT Art. XXIV & GATS Art. V  
Panama - Singapore  24-Jul-06 Goods & 
Services  2007 GATT Art. XXIV & GATS Art. V  
Japan - Malaysia  13-Jul-06 Goods & 
Services  2006 GATT Art. XXIV & GATS Art. V  
Trans -Pacific Strategic 
Economic Partnershipc 1-May-06 Goods & 
Services  2007 GATT Art. XXIV & GATS Art. V  
Korea, Republic of - 
Singapore  02-Mar-06 Goods & 
Services  2006 GATT Art. XXIV & GATS Art. V  
Jordan - Singapore  22-Aug-05 Goods & 
Services  2006 GATT Art. XXIV & GATS Art. V  
India - Singapore  01-Aug-05 Goods & 
Services  2007 GATT Art. XXIV & GATS Art. V  
Thailand  - New Zealand  01-Jul-05 Goods & 
Services  2005 GATT Art. XXIV & GATS Art. V  
Thailand  - Australia  01-Jan-05 Goods & 
Services  2004 GATT Art. XXIV & GATS Art. V  
India - Thailand  01-Sep-04 Goods  2017 Enabling Clause  
United States - Singapore  01-Jan-04 Goods & 
Services  2003 GATT Art. XXIV & GATS Art. V  
Singapore  - Australia  28-Jul-03 Goods & 
Services  2003 GATT Art. XXIV & GATS Art. V  
EFTA - Singapore  01-Jan-03 Goods & 
Services  2003 GATT Art. XXIV & GATS Art. V  
Japan - Singapore  30-Nov-02 Goods & 
Services  2002 GATT Art. XXIV & GATS Art. V  
New Zealand - Singapore  01-Jan-01 Goods & 
Services  2001 GATT Art. XXIV & GATS Art. V  
Lao People's Democratic 
Republic  - Thailand  20-Jun-91 Goods  1991 Enabling Clause  
Global System of Trade 
Preferences among 
Developing Countries (GSTP)d 19-Apr-89 Goods  1989 Enabling Clause  
Asia Pacific Trade Agreement 
(APTA)e 17-Jun-76 
17-Sep-13 Goods  
Services  1976 
2019 Enabling Clause  
GATS Art. V  
• APTA - Accession of China  01-Jan-02 Goods  2004 Enabling Clause  
Protocol on Trade 
Negotiations (PTN)f 11-Feb-73 Goods  1971 Enabling Clause  
JAPAN  
United Kingdom – Japan  01-Jan-21 Goods & 
Services  2020 GATT Art. XXIV & GATS Art. V  
EU - Japan  01-Feb-19 Goods & 
Services  2019 GATT Art. XXIV & GATS Art. V  
Comprehensive and 
Progressive Agreement for 
Trans -Pacific Partnership 
(CPTPP)  30-Dec-18 Goods & 
Services  2018 GATT Art. XXIV & GATS Art. V  WT/REG 277/4 
 
- 64 - 
 
  RTA Name  Date of 
entry into 
forcea Coverage  GATT/WTO  Notification  
Year  WTO Provision  
Japan - Mongolia  07-Jun-16 Goods & 
Services  2016 GATT Art. XXIV & GATS Art. V  
Japan - Australia  15-Jan-15 Goods & 
Services  2015 GATT Art. XXIV & GATS Art. V  
Japan - Peru 01-Mar-12 Goods & 
Services  2012 GATT Art. XXIV & GATS Art. V  
India - Japan  01-Aug-11 Goods & 
Services  2011 GATT Art. XXIV & GATS Art. V  
Japan - Viet Nam  01-Oct-09 Goods & 
Services  2009 GATT Art. XXIV & GATS Art. V  
Japan - Switzerland  01-Sep-09 Goods & 
Services  2009 GATT Art. XXIV & GATS Art. V  
Japan - Philippines  11-Dec-08 Goods & 
Services  2008 GATT Art. XXIV & GATS Art. V  
ASEAN - Japan  01-Dec-08 
01-Jan-20 Goods  
Services  2009 
2022 GATT Art. XXIV  
GATS Art. V  
Brunei Darussalam - Japan  31-Jul-08 Goods & 
Services  2008 GATT Art. XXIV & GATS Art. V  
Japan - Indonesia  01-Jul-08 Goods & 
Services  2008 GATT Art. XXIV & GATS Art. V  
Japan - Thailand  01-Nov-07 Goods & 
Services  2007 GATT Art. XXIV & GATS Art. V  
Chile - Japan  03-Sep-07 Goods & 
Services  2007 GATT Art. XXIV & GATS Art. V  
Japan - Malaysia  13-Jul-06 Goods & 
Services  2006 GATT Art. XXIV & GATS Art. V  
Japan - Mexico  01-Apr-05 Goods & 
Services  2005 GATT Art. XXIV & GATS Art. V  
Japan - Singapore  30-Nov-02 Goods & 
Services  2002 GATT Art. XXIV & GATS Art. V  
a Dates of the first entry into force/provisional application for at least one of the Parties.  
b Members are: Australia; Brunei Darussalam; Canada; Chile; Japan; Malaysia; Mexico; New Zealand; 
Peru; Singapore; Viet Nam.  
c Members are: Brunei Darussalam; Chi le; New Zealand; Singapore.  
d ASEAN Member States covered by the GSTP: Indonesia; Malaysia; Myanmar; Philippines; Singapore; 
Thailand; Viet Nam.  
e Members are: Bangladesh; China; India; Korea, Republic of; Lao PDR; Sri Lanka.  
f ASEAN Member State covered by the PTN: Philippines.  
Source:  WTO Secretariat. Further information on RTAs notified and on specific dates of entry into 
force/provisional applications may be found in the WTO Database on RTAs: http://rtais.wto. org. 
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