WT/REG379/1/Rev.1  
 
18 April 2018 
(18-2397) Page: 1/32 
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION  
FREE TRADE AGREEMENT  BETWEEN TURKEY  AND MALAYSIA  
(GOODS ) 
Report by the Secretariat  
Revision  
This report, prepared for the consideration of the Free Trade Agreement  between 
Turkey  and Malaysia , has been drawn up by the WTO Secretariat on its own 
responsibility and in full consultation 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 report has been drawn up in accordance with the 
rules and procedures contained in the Decision for a Transparency Mechanism for 
Regional Trade Agree ments (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 
Ms. Rohini  Acharya  (tel: +41 22 739 5874). Any statistical questio ns arising from this 
report may be addressed to Mr. Thakur Parajuli (tel: +41 22 739 5473). 
 
 
  WT/REG379/1/Rev.1  
 
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  TABLE O F CONTENTS  
Page 
1   TRADE ENVIRONMENT  ................................ ................................ ................................ . 3 
2   CHARACTERISTIC ELEME NTS OF THE AGREEMENT  ................................ ......................  4 
2.1   Background Information  ................................ ................................ ...............................  4 
3   PROVISIONS ON TRADE IN GOODS  ................................ ................................ .............  6 
3.1   Import duties and charges, and quantitative restrictions ................................ ...................  6 
3.1.1    General provisions  ................................ ................................ ................................ .... 6 
3.1.2    Liberalization of trade and tariff lines  ................................ ................................ ..........  7 
3.1.3    Liberalization schedule  ................................ ................................ ..............................  8 
3.1.4    Tariff rate quotas  ................................ ................................ ................................ .....11 
3.2   Rules of origin  ................................ ................................ ................................ ............ 11 
3.3   Export duties and charges, and quantitative restrictions  ................................ .................. 13 
3.4   Regulatory Provisions of the Agreement  ................................ ................................ ........ 13 
3.4.1    Standards  ................................ ................................ ................................ ............... 13 
3.4.1.1    Sanitary and phytosanitary measures  ................................ ................................ ......13 
3.4.1.2    Technical barriers to trade  ................................ ................................ ..................... 14 
3.4.2    Safeguard mechanisms  ................................ ................................ ............................ 15 
3.4.2.1    Global safeguards  ................................ ................................ ................................ .15 
3.4.2.2    Bilateral safeguards  ................................ ................................ ............................... 15 
3.4.2.3    Safeguards for balance of payments purposes  ................................ .......................... 16 
3.4.3    Anti-dumping and cou ntervailing measures  ................................ ................................ .17 
3.4.4    Subsidies and State -aid ................................ ................................ ............................ 17 
3.4.5    Customs -related procedures ................................ ................................ ...................... 17 
3.4.6    Other regulations  ................................ ................................ ................................ .....19 
3.5   Sector -Specific Provisions of the Agreement  ................................ ................................ ..19 
4   GENERAL PROVISIONS O F THE AGREEMENT  ................................ .............................  19 
4.1   Transparency  ................................ ................................ ................................ ............. 19 
4.2   Current payments and capital movements  ................................ ................................ .....19 
4.3   Exceptions  ................................ ................................ ................................ ................. 20 
4.4   Accession and Withdrawal ................................ ................................ ............................ 20 
4.5   Institutional framework  ................................ ................................ ............................... 20 
4.6   Dispute settlement  ................................ ................................ ................................ .....21 
4.7   Relationship with other agreements concluded by the Parties  ................................ ........... 22 
4.8   Government procurement  ................................ ................................ ............................ 23 
4.9   Intellectual Property Rights  ................................ ................................ .......................... 24 
4.10   Other  ................................ ................................ ................................ ...................... 24 
4.10.1    Economic and Technical Cooperation  ................................ ................................ ........ 24 
4.10.2    Services and investment  ................................ ................................ ......................... 24 
4.10.3    Electronic commerce  ................................ ................................ .............................. 25 
ANNEX 1  ................................ ................................ ................................ ........................  26 WT/REG379/1/Rev.1  
 
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Key Facts  
 
Parties to the Agreement:  Turkey and Malaysia  
 
Date of Signature:   17 April 2014  
 
Date of Entry into Force:  1 August 2015  
 
Date of Notification:    20 February 2017  
 
Full implementation:  1 January 2023 (end of tariff 
implementation)  
 
1  TRADE ENVIRONMENT1 
1.1.  The Free Trade Agreement (hereinafter "the Agreement") between Tur key and Malaysia is 
Turkey's 21st regional trade ag reement (RTA) and Malaysia's 14th RTA notified to the WTO.2  
1.2.  In 2015  Turkey's GDP was estimated at US$718,221 million while Malaysia's GDP was 
US$296,218 million although their per capita GDPs are similar (US$10,069 for Turkey and 
US$10,676 over the 2013 -15 period). In the same year Turkey ranked 22nd and 15th in global 
exports and imports, while Malaysia's ranking was 17th and 19th respectively (excluding intra -EU 
trade). Manufactures forms the largest share of trade for both countries. In the case of Turkey 
manufactures account for almost 75% of exports and 65% of imports , while for Malaysia these 
figures are 67% of exports and 69% of imports. Their trade to GDP ratios are, however, 
considerably different, 29.2 for Turkey and 69.3 for Malaysia during 2013 -2015.  
1.3.  Trade between the Parties is relatively small in terms of thei r overall trade. In 2016 f or 
Turkey Malaysia was the 47th largest export destination and 13th largest source of imports, while 
for Malaysia, Turkey was the 17th largest export destination and 27th largest source of imports of 
merchandise.3 Chart 1.1 shows the Parties global and bilateral balance of trade in goods during the 
period 2000 -2016. Turkey has had a widening global and bilateral trade deficit with Malaysia for 
much of this period. Malaysia's global trade surplus has remained steady.  
Chart 1.1 Turkey and Malaysia:  Merchandise bilateral trade and with world, 2000 -2016  
 
Source:  UNSD, Comtrade database.  
                                                
1 Unless otherwise indicated, the source of data for this section is the WTO's World Trade Profiles.  
2 Of Malaysia's RTAs notified to the WTO, six involve its ASEAN partners while the remainder are 
bilateral or plurilateral RTAs involving Malaysia.  
3 Turkey's largest export market and source of imports was the EU in 2016, while for Malaysia the 
largest exp ort market is Singapore and largest source of imports is China in 2106 (UNSD Comtrade Database).  
0246810
0100200300
2000 2002 2004 2006 2008 2010 2012 2014 2016B. Malaysia 2000 -2016
(US$ billions)
Imports from Turkey (Right Axis)
Exports to Turkey (Right Axis)
Total Imports
Total Exports
0246810
0100200300
2000 2002 2004 2006 2008 2010 2012 2014 2016A. Turkey 2000 -2016 
(US$ billions)
Imports from Malaysia (Right Axis)
Exports to Malaysia (Right Axis)
Total Imports
Total ExportsWT/REG379/1/Rev.1  
 
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  1.4.  Chart 1.2 shows the product composition of annual merchandise trade by broad HS Section 
categories. During 2012 -2014, before the Agreement entered into force Turkey's main imports 
from Malaysia were machinery, animal and vegetable fats and oils, textiles and clothing and 
plastics which together accounted for over 78% of its imports from Malay sia. Of these products, 
machinery, animal and vegetable fats and plastics were major global exports from Malaysia 
(machinery accounted for 37% of its global exports, while animal and vegetable fats accounted for 
7.4% and plastics 6.6%). Malaysia's largest import categories from Turkey were machinery, base 
metals, chemicals, textiles and textiles articles and prepared foodstuffs which together accounted 
for 67% of its imports from Turkey. Of these textiles, machinery, and base metals accounted for 
46.2% of T urkey's global exports.  
Chart 1.2 Turkey -Malaysia: Product composition of merchandise trade, annual average 
(2012 -2014)  
 
Source:  UNSD Comtrade database.  
 
2  CHARACTERISTIC ELEME NTS OF THE AGREEMENT  
2.1  Background In formation  
2.1.  The Agreement was signed on 17 April 2014 and entered into force on 1 August 2015.  
According to the text of the Agreement, its objectives are to increase and enhance bilateral 
18
17
11
1010886326Malaysia's imports from Turkey(%)
37
171076533327Malaysia's Global Imports(%)
18
15
14
12775444225Turkey's Global Exports(%)37
22775533227Malaysia's Global Exports (%)
26
22
161576224Turkey's imports from Malaysia (%) 
24
19
138875522215Turkey's Global Imports (%)
Total: US$ 1,223 million Total: US$243 billion
Total: US$ 204 billion Total: US$ 154 billionTotal:  US$ 230 billion
Total:  US$ 206 million
WT/REG379/1/Rev.1  
 
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  economic cooperation; promote the harmonious development of trade thro ugh the harmonious 
development of bilateral economic relations; to gradually eliminate diff iculties and restrictions on 
bilateral trade so as to improve the efficiency and competitiveness of the Parties' respective 
sectors; establish a framework of transpa rent and predictable rules to facilitate bilateral trade; and 
create and environment conducive to broadening and supplementing the scope of the Agreement 
to include trade in services and investment (Article 1.2). The Agreement covers trade in go ods and 
tariff liberalization is to be implemented by 1 January 2023.   
2.2.  It includes 14 chapters , eight annexes and one appendix,  which form an integral part of the 
Agreement (Box 2.1). There are also two side letters which contain requirements for the Parties to 
replace certain articles on the rules of origin and the Annex on the product specific rules of origin 
with the corresponding provisions in the Malaysia -European Union Free Trade Agreement 
(MEUFTA), should the MEUFTA be implemented anytime in the future.4 The relevant sections of the 
Agreement that are to be replaced are the definition of the ex -works price (Article 4.1( e)); wholly 
obtained products (Article 4.4); sufficiently worked or processed products (Article 4.5); insufficient 
or minimal working or pro cessing (Article 4.6); drawback of or exemption from customs duties 
(Article 4.14); and product specific rules (Annex 4 -2). According to the Parties, the Joint 
Committee shall take the necessary decision to make these changes no later than one month 
follow ing the signing of the MEUFTA.  
Box 2.1 Structure of the Agreement  
Chapter 1  Initial Provisions  
Chapter 2  General Definitions  
Chapter 3  Trade in Goods  
Chapter 4  Rules of origin  
Chapter 5  Customs Procedures and Cooperation  
Chapter 6  Sanitary and Phytosanitary Measures  
Chapter 7  Technical Barriers to Trade  
Chapter 8  Trade Remedies  
Chapter 9  Economic and Technical Cooperation  
Chapter 10  Transparency  
Chapter 11  Institutional Provisions  
Chapter 12  Dispute Settlement  
Chapter 13  General Exceptions  
Chapter 14  Final Provisions  
Annexes   
Annex 3 -1 Reduction or Elimination of Customs Duties  
Section 3 -A Tariff Schedule of Turkey  
Section 3 -B Tariff Schedule of Malaysia  
Appendix 3 -B-1 Tariff rate quota  
Appendix 3 -B-2 Preferential treatment on products offered as Tariff Quota  
Annex 4 -1 Introductory Notes to Annex 4 -2 
Annex 4 -2 List of working or processing required to be carried out on non -originating materials in 
order that the product manufactured can  obtain originating status  
Annex 4 -3 Specimen of Certificate of Origin  
Annex 4 -4 Text of Invoice Declaration  
                                                
4 As a consequence of Turkey's obligations stemming from its Customs Union with the EU, the Annexes 
on the Rules of Origin of the Agreement and Articles direct ly related to the product specific rules of origin, 
should be identical with the Rules of Origin of the prospective Malaysia -EU FTA.  WT/REG379/1/Rev.1  
 
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  Annex 6 -1 Competent Authorities  and Contact Points  
Annex 12 -1 Code of Conduct for Members of Arbitration Panels  
Annex 12 -2 Rules of Procedure for Arbitration  
Side Letter from the Republic of Turkey to Malaysia  
Side Letter from the Republic of Malaysia to Turkey  
Source:  The Agreement . 
3  PROVISIONS ON TRADE IN GOODS  
3.1  Import duties and charges, and quantitative restrictions  
3.1.1   General provisions  
3.1.  The Parties will provide national treatment to each others' products in accordance with 
Article  III of the GATT 1994, including its interpretative notes , which  are incorporated into and 
made part of the Agreement, mutatis mutandis. They agree to reduce or eliminate their tariffs on 
originating goods from the other Party according to the tariff schedule set out in Annex 3 -1 to the 
Agreement.  
3.2.  Neither Party may raise its  existing customs duties or adopt any customs duties on 
originating goods from the other P arty that are covered by the Agreement, unless otherwise 
provided in the Agreement (Article 3.3). If MFN customs duties are reduced by any of the Parties 
after the entry into force of the Agreement, that duty rate shall apply for trade between the Parties 
as long as it is lower than the duty agreed by the Parties and in the schedule in Annex 3 -1 to the 
Agreement.  Upon the request of either Party, the Joint Committee set up by the Agreement shall 
be convened to consider accelerating the reduction or eliminat ion of customs duties as agreed by 
the Parties under the Agreement. Any agreement reached by the Joint Committee shall be given 
effect in accordance with Article 14.5 of the Agreement on Amendments.   
3.3.  The Agreement has an MFN clause in Article 3.3 which req uires that if any of the Parties 
enter into an agreement with a non -party, which provides for more favourable tariff liberalization 
treatment (and charges having equivalent effect on exports) than under the Agreement, that Party 
shall provide, without dela y, the same favourable treatment to the other Party.  
3.4.  Each Party shall ensure furthermore that in accordance with Article VIII:1 of the GATT 1994 
and its interpretative notes, all fees and charges of whatever character other than customs duties, 
charges equ ivalent to an internal tax or other internal charge applied consistently with Article II:2 
of GATT 1994 and anti -dumping, coun tervailing and safeguard duties,  imposed on or in connection 
with imports (or exports) are limited in amount to the approximate co st of services rendered and 
are not an indirect protection to domestic goods or a tax on imports (or exports) for fiscal 
purposes.  
3.5.  Neither Party shall adopt or maintain any prohibition or restriction on imports from the other 
Party other than duties, taxes  or other charges, except in accordance with Article XI of GATT 1994 
or in accordance with the Agreement.  The Parties will ensure transparency in their permitted 
non-tariff measures and that they are not constituted, adopted or applied with a view to or wi th 
the effect of creating unnecessary restrictions to trade between the Parties  (Article 3.7) . 
3.6.  The Agreement, under Article 3.8 establishes a Sub -Committee on Trade in Goods for the 
effective implementation and operation of the Chapter. The Sub -Committee w ill report its findings 
to the Joint Committee (Section 4.5 below).  It shall meet at a venue and time to be agreed by the 
Parties.  According to the Parties the Sub -Committee has not met independently; nevertheless, 
during the first Joint Committee meeting on 5-6 October 2017 in Ankara, the Parties discussed 
several implementation issues, measures to facilitate and enhance the utilization of the FTA and a 
possible work plan to improve the trade imbalance between them.  WT/REG379/1/Rev.1  
 
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  3.1.2   Liberalization of trade and tariff lines   
3.7.  Tables 3.1 and 3.2 show tariff and trade liberalization by Turkey and Malaysia, respectively, 
under the Agreement. Before the Agreement entered into force in 2015, 23. 3% of Turkey's tariff 
was zero for imports from MFN sources , which corresponded to 27.8 % of its average imports from 
Malaysia during 2012 -2014.5 In its calculations, the Secretariat has used MFN 2012 rather t han 
MFN 2015 data  because of difficulties aligning the different nomenclatures (see note a in Table 
3.1). Following entry into force of  the Agreement, an additional 45.2% of tariffs were liberalized, 
corresponding to 44.3% of its average imports from Malaysia during 2012 -2014. An additional 302 
lines are to be liberalized in 2018, which amounted for 1% of Turkey's imports from Malaysia in  
2012-2014, followed by 877 lines in 2020 which correspond to 4.6% of its imports from Malaysia 
in 2012 -2014. The remaining 890 lines under the liberalization programme are to be liberalized in 
2023, which correspond to 0.6% of Turkey's imports from Malays ia during 2012 -2014. Following 
full implementation of the Agreement, 14.1% of Turkey's tariff (1,690 lines) is to remain subject to 
duties for imports from Malaysia; these lines correspond to 21.7% of Turkey's imports from 
Malaysia in 2012 -2014.  
Table 3.1:  Turkey Tariff elimination commitments under the Agreement and 
corresponding average imports  
Duty phase -out 
period  Number 
of lines  % of total lines 
in Turkey's 
tariff schedule  Value of Turkey's 
imports from 
Malaysia  
(2012 -2014)b 
US$ million  % of Turkey's total 
imports from  
Malaysia  
(2012 -2014)  
2012 (MFN)a 2,788 23.3 340.4  27.8 
2015 5,396  45.2 541.5  44.3 
2018 302 2.5 11.9 1.0 
2020 877 7.3 56.6 4.6 
2023 890 7.5 7.3 0.6 
Remain dutiable  1,690c 14.1 265.5  21.7 
TOTAL  11,94 3 100.0  1,223.3  100.0  
a Turkey's preferential tariff commitments were made in HS2007 nomenclature and the base rate for 
tariff liberalization was the MFN rate in 2012. As it was not possible to align the data with MFN rates 
in 2015 which were in a different nomenclature,  the authorities suggested using MFN 2012 rates 
instead which are also expressed in HS2007 nomenclature.   
b Import coverage is for HS chapters 1 -97. 
c Tariff lines with mixed rates of duty, and whose ad-valorem  part was fully liberalized are still 
counted as remaining dutiable as the non -ad-valorem  part is not duty free.  
Note:  Tariff lines under the Excluded category reflect the MFN 2012 duties.  
 Based on the HS 2007 nomenclature.  
Source:  WTO estimates based on data provided by Turkey.  
 
3.8.  In 2015, almost 6 0% of Malaysia's MFN tariff was duty free for imports, corresponding to 
60.3% of its average imports from Turkey during 2012 -2014.6 Following the Agreement's entry 
into force, Malaysia liberalized a further 910 lines or 7.3% of the tariff, corresponding to  15.2% of 
its imports from Turkey in 2012 -2014. In 2018 an additional 1,414 lines are to be liberalized, 
which correspond to 12.1% of its imports from Turkey in 2012 -2014. Further liberalization is to 
take place in 2020 (2,306 lines, corresponding to 6.4% of Malaysia's imports from Turkey during 
2012-2014), and 2023 (198 lines, corresponding to 5.8% of its imports from Turkey during 
2012-2014).  At the end of implementation 170 lines or 1.4% of the tariff will remain subject to 
duties for imports from Turkey ; this correspon ds to 5.8 % of Malaysia's imports from Turkey in 
2012-2014.  
                                                
5 In 2012 Turkey's MFN tariff contained 11,94 3 lines at the HS 10 digit level (HS 2007 nomenclature). 
Over 98% of these lin es had ad valorem  rates of duty, while 117, 39 and 12 lines respectively had compound, 
mixed and specific rates of duty; 67 lines had other rates of duty.  
6 In 2015 Malaysia's MFN tariff consisted of 12,457 lines at the HS 10 digit level (HS 2012 
nomencla ture). Over 99% of these lines had ad valorem  rates of duty; 59 lines had specific rates of duty, while 
56 and 2 lines, respectively had compound and mixed rates of duty.  WT/REG379/1/Rev.1  
 
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  Table 3.2: Malaysia Tariff elimination commitments under the Agreement  and 
corresponding average imports  
Duty phase -out 
period  Number 
of lines  % of total lines 
in Malaysia's 
tariff schedule  Value of Malaysia's 
imports from Turkey 
(2012 -2014)a 
US$ million  % of Malaysia's total 
imports from  
Turkey  
(2012 -2014)  
2015 (MFN)  7,459  59.9 122.5  60.3 
2015 910 7.3 30.8 15.2 
2018 1,414  11.4 24.6 12.1 
2020 2,306  18.5 13.0 6.4 
2023 198 1.6 0.4 0.2 
Remain dutiable  170 1.4 11.8 5.8 
TOTAL  12,457  100.0  203.2  100.0  
a Import coverage is from HS chapters 1 -97. 
Note:  Tariff lines subject to in -quota rates are excluded in the computation. Tariff lines under the Excluded 
category reflect the MFN 2015 duties; this process is in accordance with the methodology applied by 
the Secretariat across all FPs where it aims to assess the margins of preference in reference to the 
MFN duties as of entry into force.  
 Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on data provided by Malaysia.  
 
3.1.3   Liberalization schedule  
3.9.  Liberalization by the Parties is shown for Turkey by broad HS Section in Table 3.3 and by HS 
Chapter in Chart  3.1, and for Malaysia in Table 3.4 and Chart 3.2. below.  
3.10.   Turkey liberalized most of its tariff (5,396 lines) at entry into force of the Agreement in 
2015. The liberalization covered most HS Sections. At the end of implementation of the 
Agreement, most of the tariffs remaining will be in HS Sections I -IV as well as HS Section VI. The 
average MFN 2015 duties of these lines range from 23.7% for HS III to 120.8% in HS Section I. 
The 15 lines remaining dutiable in HS VI are all subject to specific rates of duty for which 
ad valorem  equivalent duties were not available. Chart 3.1 below shows the average duties of 
tariff lines remaining subject to duties after the end of implementation  by HS Chapter.  For around 
half of the se HS Chapters the average MFN (in 2012) and preferential dutie s on the tariff lines 
remaining subject to duties are the same, suggesting no additional liberalization of these imports 
from Malaysia. The HS  Chapters in which the average preferential duty is significantly lower than 
the average MFN duties are 3, 8, 9, 1 5, 16, 17, 18, and 20. The average preferential tariffs 
remaining range from 10.5% for Chapter 25 to 133% for Chapter 5.  As Chapters 18, 20, 27, 28 
and 29 have non -ad valorem  rates of duty , it is not possible to calculate the average final tariff 
applicabl e on these Chapters .  
Table 3.3 Turkey: Tariff elimination under the Agreement, by HS Section  
HS 
Section  MFN 
Average  
% No. of 
lines  Duty -free 
lines 
under   
MFN 2012  Duty-free lines under the 
Agreement  Remain 
dutiable  Avg. Final 
Tariff  
(Dutiable)  2015  2018  2020  2023  
I 83.1 830 70 4  30 291 435 120.8  
II 30.1 571 54 40  2 3 472 34.4 
III 17.4 138 23 18 13  13 71 23.7 
IV 53.2 855 62 94 2   697 60.6 
V 1.0 246 161 85      
VI 4.4 1,559  372 1,162    10 15 * 
VII 4.0 414 103 297 14     
VIII 2.9 188 56 132      
IX 2.1 293 150 143      
X 0.0 386 386       WT/REG379/1/Rev.1  
 
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  HS 
Section  MFN 
Average  
% No. of 
lines  Duty -free 
lines 
under   
MFN 2012  Duty-free lines under the 
Agreement  Remain 
dutiable  Avg. Final 
Tariff  
(Dutiable)  2015  2018  2020  2023  
XI 7.7 1,707  55 590 129 607 326   
XII 7.5 122 3 57 14 40 8   
XIII 4.0 318 38 195 59 26    
XIV 1.0 72 51 21      
XV 4.0 1,240 379 534 49 51 227   
XVI 2.1 1,842  566 1,233  5 28 10   
XVII 5.4 347 33 212 7 93 2   
XVIII 2.3 453 146 297 10     
XIX 2.3 30 5 25      
XX 2.6 318 61 257      
XXI 0.0 14 14       
Total  13.8 11,94 3 2,788 5,396  302 877 890 1,690  67.0 
* 15 tariff lines remaining dutia ble in Section VI have only Non -ad valorem  duties.  
Note:  For the calculation of averages, duties of the tariff lines subject to specific rates are excluded.  
 Based on the HS 2007 nomenclature.  
Source:  WTO estimates based on data provided by Turkey.  
Chart 3. 1 Turkey: Average of dutiable rates, by HS Chapter  
 
* Tariff lines subject to Non ad-valorem  duties only.  
Note:  Based on the HS 2007 nomenclature . 
Source:  WTO estimates based on data provided by Turkey.  
 
3.11.   Table 3.4 and Chart 3.2 show tariff elimination under the Agreement by Malaysia, 
respectively according  to HS Section and HS Chapter. Malaysia will liberalize tariffs across all the 
Sections mainly at  entry into force, 2018 and 2020 . At the end of implementation it will maintain 
tariffs on imports from Turkey for products under HS Sections I -IV, VII, XVII a nd XIX.  The average 
duties remaining after implementation will range from 5% in Section IV to 41.8% in Section II. As 
shown in Chart 3.2 for most HS Chapters the final average preferential and MFN tariffs (in 2015) 
will remain the same, showing no addition al liberalization for imports from Turkey of these 
products. The average preferential tariff will be lower in HS Chapters 2, 4 and 15 . The  average 
rates on preferential tariffs remaining range from  5% in HS 22 and 24, to 90% in HS Chapter 7.  
020406080100120140
01
02
03
04
05
06
07
08
09
10
11
12
13
15
16
17
18
19
20
21
22
23
24
33
35
38Average Duty Rate
HS Chapters Preferential
MFNHS 01 -24HS 25 -97
* ***
* Tariff lines subject to Non Ad-valorem duties  onlyWT/REG379/1/Rev.1  
 
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  Table 3.4  Mala ysia: Tariff elimination under the Agreement, by HS Section  
HS 
Section  MFN 
Average  
% No. of 
lines  Duty -free 
lines 
under   
MFN 2015  Duty-free lines under the 
Agreement  Remain 
dutiable  Avg. Final 
Tariff  
(Dutiable)  2015  2018  2020  2023  
I 2.0 612 552 4 32   24 25.4 
II 2.5 518 401 59 16 9 19 14 41.8 
III 2.2 270 170 42 50 3  5 8.0 
IV 3.3 643 391 57 90 14  91 5.0 
V 1.3 231 203 17 4 7    
VI 2.0 1,331  1,153  52 50 63 13   
VII 13.8 772 198 47 35 406 78 8 30.0 
VIII 0.3 104 101  3     
IX 2.2 1,019  893 28 28 57 13   
X 10.8 382 137 15 93 135 2   
XI 6.6 1,224  610 88 315 210 1   
XII 5.9 86 55 10 6 15    
XIII 17.5 237 65 13 12 131 16   
XIV 0.7 83 75 5 3     
XV 9.3 1,128  305 129 202 472 20   
XVI 5.4 2,300  1,514  241 335 210    
XVII 19.7 839 180 41 92 491 32 3 23.3 
XVIII 0.7 350 327 16 1 5 1   
XIX 12.9 29 4     25 15.0 
XX 10.3 285 114 44 46 78 3   
XXI 1.1 14 11 2 1     
Total  6.5 12,457  7,459  910 1,414  2,306  198 170 18.6 
Note:  Tariff lines subject to in -quota rates are excluded in the computation.  
 Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on data provided by Malaysia.  
Chart 3.2  Malaysia: Average of dutiable rates, by HS Chapter  
 
Note:  Based on the HS 2012 nomenclature . 
Source:  WTO estimates based on data provided by Malaysia.  
 
0102030405060708090100
01
02
04
07
10
15
22
24
40
87
93Average Duty Rate
HS Chapters Preferential
MFNHS 01 -24HS 25 -97WT/REG379/1/Rev.1  
 
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  3.1.4   Tariff rate quotas  
3.12.   Malaysia maintains MFN tariff quotas on a nu mber of  agricultural products, including live 
swine and poultry, meat of swine and poultry, milk and cream, birds eggs , and cabbage  (listed in 
Appendix 3 -B-1). Under the Agreement (Appendix 3-B-2), it will provide  market access at zero 
rates of duty for imports from Turkey for some  of these products  (poultry, meat and birds eggs) 
within an annual quantity (Table 3.5 ); the initial quota volume is  to be increase d by 1% every 
year. The out of qu ota tariff for imports from Turkey is the MFN in -quota rate.  
Table 3.5 Malaysia: Preferential t ariff rate quotas for imports from Turkey under the 
Agreement  
HS code  Description  Unit In-
quota 
tariff  Out-
quota 
tariff  In-
quota 
volume  MFN in/o ut 
quota t ariff 
(2015) %  
020712000  Poultry: Of fowls of the 
species gallus domesticus not 
cut in pieces, frozen  Metric 
tonnes  0 20 100 20/40  
020714000  Poultry : Of fowls of the 
species gallus domesticus 
cuts and offal, frozen  Metric 
tonnes  0 20 100 20/40  
040700111  For hatching: hens ' eggs Unit 0 10 500,000  10/50  
040700112  For hatching: ducks ' eggs Unit 0 10 250,000  10/50  
040700910  Other: hens ' eggs Unit 0 10 500,000  10/50  
040700920  Other: ducks' eggs Unit 0 10 250,000  10/50  
Source:  Appendix 3 -B-1 and 3 -B-2 of the Agreement . 
 
3.2  Rules of origin  
3.13.   Under Chapter 4, products are considered to be originating in a Party if they are wholly 
obtained in that Party (according to Article 4.4)7, and products produced in the Party using 
materials which have not been wholly obtained there, providing that such materials have 
undergone sufficient working or processing in that Party (within the meaning of Article 4.5). 
Article  4.4 lists products considered to be wholly obtained in a Party. Under Article 4.5, products 
not wholly obtained in the Parties are considered to be sufficiently worked or processed when the 
conditions set out in Annex 4 -2 are met. These conditions include (i) a change in tariff 
classification (CTC), usual ly at the heading level, but in some cases at the sub -heading level,  or (ii) 
a requirement that the value of the materials used does not exceed a percentage, usually between  
15% - 70%, of the ex -works price of the product , depending on the product .  
3.14.   For products not meeting the conditions laid down in Annex 4 -2, non -originating materials 
may be used provided that the total value or net weight of the product does not exceed (a) 10% of 
the weight of the product for products falling under HS Chapter 2 and for HS Chapters 4 -24, other 
than processed fish products in Chapte r 16; and 10% of the ex -works price of the product for all 
other products, except for products in HS Chapters 50 -63 (textiles and clothing)  (Article 4.5) . For 
textiles and clothing, the tolerance or de minimis  levels are 10% or less of the total weight of all 
the basic textile materials used as long as the products are made from two or more basic textile 
materials as listed in Note 6.2 of Annex 4 -1; or provided that the textile materials used are 
classified in a heading other than that of the product and th eir value does not exceed 8% of the 
ex-works price of the product (Note 7 of Annex 4 -1).8 Article 4.6 lists operations that are 
                                                
7 Products obtained from sea fishing and goods obtained, processed or produced on boa rd factory ships 
exclusively from these products, shall be considered to meet the wholly obtained criteria only if the vessels and 
factory ships are registered in the Parties; sail under the flag of either Party; and meet one of the following 
conditions: ( i) they are at least 50% owned by nationals of the Parties; or (ii) they are owned by companies 
which have their head office and main place of business in one of the Parties, and which are at least 50% 
owned by Turkey or Malaysia by public entities or nati onals of one of these Parties (Article 4.4.2).  
8 In the latter case, the value of materials which are not classified in Chapters 50 -63 must be taken into 
account when calculating the value of the non -originating materials incorporated (e.g. buttons) (Note 7.3, 
Annex 4 -1). WT/REG379/1/Rev.1  
 
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  considered to be insufficient working or processing to confer the status of originating products, 
whether or not the requirement s of Article 4.5 are met.  
3.15.   Under Article 4.3, cumulation between the Parties is permitted, where , without prejudice to 
the provisions on originating products in Article 4.2, materials originating in a Party shall be 
considered as materials originating in th e other Party when incorporated into a product there, as 
long as they have exceeded the working or processing considered to be insufficient under 
Article  4.6. Notwithstanding this, materials under HS 25 -97 (industrial products) originating in the 
European Union and other ASEAN member states  shall be considered as materials originating in 
the Parties when further processed into a prod uct incorporated in the Parties . In order for these 
products to acquire originating status under the Agreement, it shall not b e necessary that the 
materials under go sufficient processing or working, provided that : the working or processing  goes 
beyond the conditions of Article 4.5 (insufficient working or processing); the materials originated in 
the European Union or other ASEAN members  meet rules of origin identical to those applicable if 
the materials were exported directly to the Parties; and the Parties , the EU  and other ASEAN 
members have arrangements which allow for adequate administrative cooperation procedures 
ensuring ful l implementation of the cumulation mechanism and of Articles on certification and 
verification of origin of the products.  The cumulation mechanism can only become effective once 
RTAs in accordance with GATT Article XXIV are in force between the Parties, th e EU and other 
ASEAN member states.  As the EU does not yet have an RTA with Malaysia, cumulation is not 
extended by the Agreement to materials or goods in Chapters 25 -97 originating in the EU.  
According to the Parties, cumulation with Singapore is theoreti cally possible as the Turkey -
Singapore FTA entered into force on 1 October 2017. However, cumulation cannot yet be 
implemented as Turkey, Malaysia and Singapore have not yet established the relevant 
arrangements which allow for adequate administrative coop eration procedures to ensure full 
implementation of the cumulation mechanism as well as of Articles on certification and verification 
of the origin of the products concerned. Additional rules are provided for unit of qualification, 
accessories, spare parts  and tools, sets, and neutral elements (Articles 4.7 -4.10 respectively).  
3.16.   Under Article 4.11 the principle of territoriality requires that if originating goods exported 
from a Party to a non -party return, they must be considered non -originating, unless it c an be 
demonstrated to the satisfaction of the authorities that the returning goods are the same as those 
exported; and they have not undergone any operation beyond that necessary to preserve them in 
good condition while in that non -party or while being exp orted. Goods exported from one Party 
and imported by the other are expected to be unaltered or transformed in any way or subject to 
operations other than to preserve them in good condition (Article 4.12).  Transitional provisions for 
goods in transit and st orage are given in Article 4.37.  
3.17.   Duty drawback is permitted by the Agreement.  Under Article 4.14, the Parties agree that 
after two years from the entry into force of the Agreement, upon the request of either Party, the 
Joint Committee shall review the operation of duty drawback and inward processing schemes of 
the Parties. The Joint Committee may establish the criteria to review such schemes and may 
consider prohibiting the application of duty drawback.  
3.18.   Section E (Articles 4.15 -4.31) deals with origin p rocedures, including procedures for issuing 
certificates of origin, conditions for invoice declaration, authorization of approved exporters, and 
proof of origin. Section F deals with arrangements for administrative cooperation. The Parties shall 
inform eac h other of their respective competent authorities to issue the Certificate of Origin and 
verify the proofs of origin. The Parties shall also assist each other through their competent 
authorities, in checking the authenticity of the Certificate of Origin or  the invoice declarations and 
the accuracy of information provided in the declarations by following the procedures provided in 
Article 4.33. Preferential treatment may be suspended for goods that are the subject of an origin 
verification action, but the go ods may be released to the importer subject to any administrative 
measures considered necessary, provided they are not restricted or prohibited for import and there 
is no suspicion of fraud. If the authority of the importing Party determines that the goods  qualify 
for preferential tr eatment, it shall be granted . Penalties shall be imposed in accordance with 
domestic laws and regulations for the provision of documents containing false information for 
obtaining pre ferential treatment for imports (Article 4.35 ). Review and appeal in matters relating 
to preferential tariff treatment is provided for under the Parties'  respective laws, regulations and 
administrative practices (Article 4.38).  WT/REG379/1/Rev.1  
 
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  3.19.   The Agreement establishes a Sub -Committee on Rules of Origin under the Jo int Committee 
(Article 4.36). The Sub -Committee shall inter alia  monitor the implementation and administration 
of the Chapter; discuss any issues that may arise in the course of implementation; discuss any 
proposed amendments to the rules of origin under t he Agreement; consult on issues relating to 
rules of origin and administration cooperation; and discuss any issues that may arise on the 
verification of proof of origin which cannot be settled between the competent authorities 
responsible for the verificat ion. 
3.3  Export duties and charges, and quantitative restrictions  
3.20.   Each Party shall ensure, in accordance with Article VIII:1 of GATT 1994 and its 
interpretative notes, that all fees and charges of whatever character other than customs duties, 
charges equivalen t to an internal tax or other internal charge applied consistently with Article III:2 
of GATT 1994 and anti -dumping, countervailing and safeguard duties) imposed on or in connection 
with exports are limited to the approximate cost of services rendered and do not represent an 
indirect protection to domestic goods or a taxation of exports for fiscal purposes  (Article 3.6) . 
3.21.   Under Article 3.3 neither Party shall adopt or maintain any prohibition or restriction on 
exports or sale for exports of any goods destine d for the other Party unless in accordance with 
Article XI of GATT 1994 or otherwise permitted by the Agreement. Each Party shall ensure the 
transparency of its permitted non -tariff measures and that they are not constituted, adopted or 
applied with a view  to, or with the effect of creating unnecessary restrictions to trade between the 
Parties (Article 3.7).  
3.4  Regulatory Provisions of the Agreement  
3.4.1   Standards  
3.4.1.1   Sanitary and phytosanitary measures  
3.22.   In Chapter 6 of the Agreement on Sanitary and phytosanitary measur es, the Parties affirm 
their existing rights and obligations towards each other under the WTO SPS Agreement. 
Furtherm ore, with a view to facilitating  and increasing their bilateral trade, the Parties shall seek to 
enhance their cooperation in SPS measures and deepen their mutual awareness and understanding 
of each other's respective systems. They shall identify initiatives for cooperation in regulatory 
issues such as bilateral recognition of equivalence, harmonization based on international 
standards, guide lines and recommendations, or other cooperative arrangements. Upon request , 
they shall consult  with the aim of achieving bilat eral and multilateral agreement  on recognition of 
the equivalence of specified sanitary or phytosanitary measures.  
3.23.   Article 6.5 est ablishes a Sub -Committee on Sanitary and Ph ytosanitary Measures  which 
includes representatives of each Party with responsibility for SPS matters. The Sub -Committee 
which will meet no later than one year after entry into force of the Agreement and thereafte r on 
the request of either Party, will report to the Joint Committee established by the Agreement. Its 
functions include consulting on matters relating to the development or application of SPS 
measures that affect, or may affect, trade between the Parties;  coordinating technical cooperation 
programmes on SPS issues; enhancing bilateral understanding on issues and agendas for meetings 
of the WTO Committee on SPS Measures and other relevant organizations mentioned in the SPS 
Agreement, including specific impl ementation issues; reviewing progress on addressing SPS 
matters that arise between the Parties' competent authorities responsible for such matters; and 
discussing matters with a view to reaching a consensus on consultations under Article 6.5(a).  
Annex 6 -1 to the Agreement lists the contact points responsible for implementation of measures 
referred to in the SPS Chapter.9  
                                                
9 For Malaysia the competent authorities are: Department of Agriculture Malaysia, for matters 
concerning plants and plant products; Department of Veterinary Services Malaysia, for matters concerning live 
animals and animal products; Depart ment of Fishery Malaysia, for matters concerning live fish; and Food 
Safety and Quality Division, Ministry of Health Malaysia, for matters concerning food products. For Turkey, the 
competent authorities are the Ministry of Food, Agriculture and Livestock. The contact points are the 
International Section of Strategic Planning and International Division, Ministry of Agriculture and Agro -Based 
Industry Malaysia for Malaysia and the Ministry of Food, Agriculture and Livestock for Turkey (Annex 6 -2). WT/REG379/1/Rev.1  
 
- 14 - 
 
  3.24.   The Parties agree to cooperate to facilitate the implementation of Chapter 6. They also 
agree to explore opportunities for further cooper ation, collaboration and information exchange on 
SPS matters of mutual interest that are consistent with the provisions of Chapter 6. Such 
opportunities include technical assistance, capacity building and facilitation of market access for 
products of inter est (Article 6.7) . Neither Party may have recourse to the dispute settlement 
provisions of the Agreement  for any matters arising from Chapter 6  (Article 6.8) . 
3.4.1.2   Technical barriers to trade  
3.25.   Technical barriers to trade are covered by Chapter 7 of the Agreement . The scope of the 
Chapter includes all standards, technical regulations and conformity assessment procedures that 
may, directly or indirectly, affect trade in goods between the Parties (Article 7.2). SPS Measures 
and purchasing specifications prepared by governmental bodies for production or consumption 
requirements of such bodies are not included in the scope of the Chapter. The objectives of the 
Chapter are to increase and facilitate bilateral trade by preventing and eliminating unnecessary 
obstacles to trade and enhancing bilateral cooperation in accordance with the Parties' rights and 
obligations under the WTO Agreement on Technical Barriers to Trade (TBT Agreement) 
(Article  7.1). 
3.26.   The Parties reaffirm their existing rights and obligations with respect to each other under 
the TBT Agreement (Article 7.3).  They also reconfirm their obligations under Article 4.1 of the 
TBT Agreement to ensure that their standardizing bodies accept and comply with the Code of Good 
Practice for the Preparation and Adoption of  Standards in Annex 3 to the TBT Agreement and also 
have regard to the principles set out in Decisions and Recommendations adopted by the 
Committee since 1 January 1995. They agree that they shall use relevant international standards, 
guides and recommenda tions as a basis for technical regulations and conformity assessment 
procedures, in accordance with Articles 2.4 and 5.4 of the TBT Agreement.  The acceptance of 
technical regulations of the other Party shall be given positive consideration, even if the 
regulations differ from the Party's own technical regulations, provided they produce outcomes that 
are equivalent to those produced by the Party's own technical regulations in meeting its legitimate 
objectives and achieving the same level of protection  (Artic le 7.5) . 
3.27.   The Parties agree to work cooperatively in the fields of standards, technical regulations and 
conformity assessment procedures with a view to facilitating bilateral trade. They will seek to 
identify trade facilitating bilateral initiatives in thes e fields that are appropriate for particular issues 
or sectors, including cooperation on regulatory issues, alignment with international standards, 
reliance on a supplier's declaration of conformity, use of accreditation to qualify conformity 
assessment bo dies, and cooperation through recognition of conformity assessment procedures 
(Article 7.6).  
3.28.   On conformity assessment, the Parties agree to intensify the exchange of information on the 
various existing mechanisms to facilitate the acceptance of conformity assessment procedures. 
They agree to accredit, approve, licence or otherwise recognize conformity assessment bodies in 
each others ' territories on terms no less favourable than those accorded to their own conformity 
assessment bodies, to the extent of thei r obligations under the International Laboratory 
Accreditation Cooperation and the International Accreditation Forum  (Article 7.7) . There are also 
provisions on transparency (Article 7.8), and technical cooperation (Article 7.9).  
3.29.   A Sub -Committee on Standar ds, Technical Regulations and Conformity Assessment is 
established . Its functions which are listed in Article 7.10  include monitoring the implementation 
and administration of the Chapter;  promptly addressing issues raised by a Party on the 
development, ado ption, application or enforcement of technical regulations, and conformity 
assessment procedures; enhancing cooperation in the development and improvement of technical 
regulations and conformity assessment procedures; exchanging information in these areas;  
facilitating cooperation in specific technical regulations by referring enquiries by a Party to the 
appropriate regulatory bodies and where appropriate, between governmental and non -
governmental conformity assessment bodies in the Parties' territories; an d consulting and 
reviewing the Chapter upon a Party's request or following developments in the TBT Agreement. 
The Sub -Committee shall meet at least once a year unless agreed otherwise by the Parties and 
shall report to the Joint Committee.  Neither Party ma y have recourse to the dispute settlement 
mechanism in the Agreement for matters arising under the Chapter.  WT/REG379/1/Rev.1  
 
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  3.4.2   Safeguard mechanisms  
3.4.2.1   Global safeguards  
3.30.   Under Article 8.9, the Parties retain their rights and obligations under Article XIX of GATT 
1994 and the Saf eguards Agreement and any other relevant provisions in the WTO Agreement and 
their successors. The Agreement does not confer any additional rights or obligations on the Parties 
with regard to actions taken pursuant to Article XIX of GATT 1994, the Safeguar ds Agreement and 
their successors. Chapters 11, on Institutional Provisions, and 12, on Dispute Settlement, do not 
apply to Article 8.9.  
3.4.2.2   Bilateral safeguards  
3.31.   If as a result of the reduction or elimination of a customs duty pursuant to the Agreement, 
an originating product of a Party is being imported into the other Party's territory in such increased 
quantities in absolute terms or relative to domestic production, and under such conditions as to 
cause or threaten to cause serious injury to the domestic i ndustry producing like or directly 
competitive products, the other Party may, to the extent necessary to prevent or remedy serious 
injury and facilitate adjustment, apply a safeguard measure during the transition period only.10 
The measure that can be taken  is either (a) the suspension of the further reduction of any rate of 
customs duty provided for by the Agreement on the originating product from the date on which the 
action to apply the safeguard measures is taken; or (b) an increase in the rate of custom s duty on 
the originating product to a level not to exceed the lesser of (i) the MFN applied rate of customs 
duty in effect on the date on which the action to apply the safeguard measure is taken; or (ii) the 
MFN applied rate of customs duty in effect on t he day immediately preceding the date of entry into 
force of the Agreement (Article 8.2).  
3.32.   The safeguard may be applied  for a period of time that may be necessary to prevent or 
remedy serious injury and to facilitate adjustment. It can be applied  for an ini tial period of two 
years which may be extended up to one year  provided that the conditions in Chapter 8 are met 
and the measure continues to be applied to the extent necessary to prevent or remedy serious 
injury and there is evidence that the industry is a djusting.  In any case, the safeguard measure 
must be terminated once the transition period is over.  
3.33.   To facilitate adjustment, the safeguard measure shall be progressively liberalized at regular 
intervals during its application, including at the time of any  extension.  In addition, a  Party shall not 
apply a safeguard or provisional measure again on the same originating product.  It shall not apply 
a safeguard or provisional measure on an originating product that is subject to a measure applied 
pursuant to Arti cle XIX of the GATT 1994 and the WTO Agreement on Safeguards, or the WTO 
Agreement on Agriculture or Article VI of GATT 1994 and the WTO Agreement on the 
Implementation of Article VI of GATT 1994 (the Anti -Dumping Agreement) (Article 8.3).  If a Party 
intends to apply a safeguard, pursuant to Article XIX of GATT 1994 and the Safeguards 
Agreement, or the WTO Agreement on Agriculture, or Article VI of GATT 1994 and the 
Anti-dumping Agreement, on a product to which a safeguard is being applied, it shall termina te the 
safeguard measure prior to taking such action. Once a safeguard has been termin ated, the Party 
concerned shall apply the rate of customs duty in effect as set out in its tariff schedule under 
Annex 3 -1 of the Agreement, as if the safeguard had never  been applied.  
3.34.   The Parties shall ensure the consistent, impartial and reasonable administration of their 
laws, regulations, decisions and rulings relating to all safeguard investigations and shall adopt or 
maintain equitable, timely, transparent and effect ive procedures for investigations. Investigation 
procedures before applying or extending safeguards are to follow procedures provided in Articles 3 
and 4.2 of the WTO Agreement on Safeguards (Article 8.4). The investigation process shall also 
include reaso nable public notice to all interested parties and provide for public hearings or other 
appropriate means for importers, exporters and other interested parties to express their views and 
present evidence, and to be given an opportunity to respond to the pre sentations of other parties 
and to submit their views, including on whether the application of the measure is in the public 
interest.  The investigation shall, to the extent possible, be completed within 180 days of initiation 
                                                
10 The trans ition period covers the period from the date of entry into force of the Agreement until two 
years after the date on which the customs duty on that product is to be eliminated in accordance with 
Annex  3-1 (tariff liberalization schedules).  WT/REG379/1/Rev.1  
 
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  and in any case  within  one year.  The results of the investigation , including its conclusions, shall be 
promptly published by the competent authorities.  
3.35.   Article 8.5 permits the Parties to take provisional measures in critical circumstances, where 
delay would cause damage which w ould be difficult to repair. Such measures must take the form 
of those set out in paragraphs (a) or (b) of Article 8.2 of the Agreement, following a preliminary 
determination that there is clear evidence that increased imports of an originating product of the 
other Party have caused or are threatening to cause serious injury as a result of the reduction or 
elimination of a duty under the Agreement.  The provisional safeguards shall not, as far as possible, 
exceed 120 days, and not, in any case, more than 200  days (as in the WTO Safeguards 
Agreement).  The duration of the provisional safeguard shall be counted towards the total period of 
the definitive  safeguard measure.  Any customs duty collected under provisional measures shall be 
refunded if the safeguard in vestigation does not determine that increased imports of the product 
concerned have caused or have threatened to cause serious injury to a domestic industry and the 
Party shall apply the preferential tariff agreed in Annex 3 -1 as if the provisional measure  had not 
been applied.  
3.36.   Details of notification upon initiation of an investigation, finding serious injury, application or 
extension of a safeguard or a provisional measure and progressive liberalization of a measure, are 
given in Article 8.6.  The Party ca rrying out the investigation shall provide a copy of the public 
version of the investigation report by its authorities, to the other Party, immediately after it is 
available.  The report should include the reason for the investigation, a description of the 
originating product, details of the investigation, as well as any evidence of serious injury or threat 
thereof caused by increased imports of the product originating in the other Party as a result of the 
reduction or elimination of tariffs under the Agreem ent. The report should also include details of 
the proposed safeguard, its date of introduction, duration and timetable for progressive 
liberalization of the measure, if such a timetable is applicable. For extending a safeguard, the Party 
should also provi de evidence that the domestic industry concerned is adjusting. It should also 
provide, to the extent possible, any additional information requested by the other Party.  The Party 
proposing the measure shall also provide adequate opportunity for prior consul tations with the 
other Party, with a view to inter alia , reviewing the information provided, exchanging views on the 
measure and reaching an agreement on compensation.  In the case of provisional measures, upon 
request by the other Party, consultations shal l be initiated immediately after such application.  
3.37.   Mutually agreed trade compensation by the Party taking the safeguard is to be provided in 
consultation with the Party in the form of substantially equivalent concessions during the period of 
application of  the measure. The consultations should begin within 30 days following the decision to 
apply the measure and before the measure is applied. If the Parties are unable to reach agreement 
within 30 days, the exporting Party shall be free to suspend the applica tion of substantially 
equivalent concessions to the trade of the Party applying the safeguard measure.  Such suspension 
should be notified to the other Party at least 30 days before the action is taken. The right to 
suspension is not to be exercised for the  first two years during which a safeguard is in place, 
provided that it has been taken as a result of an absolute increase in imports  (Article 8.7) . 
3.38.   Neither Party may have recourse to the dispute settlement mechanism established by the 
Agreement. Any diffe rences between the Parties concerning the interpretation, implementation or 
application of any of the provisions on bilateral safeguards shall be settled amicably through 
consultations and negotiations between the Parties pursuant to Article 8.6 (on notifi cation and 
consultation described above).  Any issue that cannot be resolved under Article 8.6, shall be 
referred to the Joint Committee established by the Agreement.  
3.4.2.3   Safeguards for balance of payments purposes  
3.39.   The Parties may take safeguards in case of bal ance of payments difficulties in accordance 
with their rights and obligations under GATT 1994, including the Declaration on Trade Measures 
taken for Balance of Payments Purposes and the Understanding on the Balance of Payments 
Provisions of GATT 1994 (Arti cle 13.4). They shall, however, endeavour to avoid taking such 
measures.  
3.40.   Any such measures taken by a Party or any changes to existing measures shall be promptly 
notified to the other Party from the date the measures are taken. The Party taking the measure s WT/REG379/1/Rev.1  
 
- 17 - 
 
  shall promptly commence consultations with the other Party to review the measures adopted or 
maintained by it. Nothing in the Agreement shall alter the Parties' rights and obligations as party 
to the Articles of Agreement of the International Monetary Fu nd, as may be amended.  
3.4.3   Anti-dumping and countervailing measures  
3.41.   Section 8 -C (Articles 8.10 -8.15) deals with anti -dumping, under which the Parties maintain 
their rights and obligations under Article VI of GATT 1994 and the Agreement on the 
Implementation of  Article VI of GATT 1994 ( WTO Anti -Dumping Agreement ). Except as otherwise 
stated, the Agreement does not confer any additional rights or obligations on the Parties with 
regard to the initiation and conduct of dumping investigations and application of anti -dumping 
measures.  
3.42.   Following the initiation of an anti -dumping investigation, the Party initiating the 
investigation shall provide the notification required by Article 12.1.1 of the Anti -Dumping 
Agreement (public notice of initiation of an investigation) in writing as soon as possible to the 
other Party.  Notifications under Article 5.5 of the Anti -Dumping Agreement (initiating an 
investigation) shall be made to the exporting Party in English  (Article 8.13) . Article 8.12 permits 
the Parties to take into acco unt the recommendations of the WTO Committee on Anti -Dumping 
Practices when conducting anti -dumping investigations.  
3.43.   If a decision is taken to impose an anti -dumping duty, on the condition that the level of 
anti-dumping duty is sufficient to remove the inju ry, that Party is expected to impose a duty lesser 
than the dumping margin (Article 8.11).  
3.44.   There are also two sections under Chapter 8 that deal with cooperation between the Parties. 
Section 8 -D deals with cooperation to prevent circumvention. The Parties agree to forward 
questionnaires and other documents to interested parties; exchange information about firms and 
sectors; exchange trade data and similar information regarding products under circumvention 
investigation; and any other possible areas to be mu tually agreed by the Parties. Nothing shall 
however be construed to require the other Party to furnish or allow access to confidential 
information under the Chapter, the disclosure of which the Party considers would: be contrary to 
the public interest, as determined under its laws; be contrary to any of its laws, including but not 
limited to, to those protecting personal data or financial aff airs and accounts of individual 
customers of financial institutions; impede law enforcement; and prejudice legitimate  commercial 
interests which may include the competitive position of particular public or private enterprises. The 
confidentiality of any information provided by a Party to the other Party designated as confidential 
shall be maintained and used only for the  purposes specified by the Party. It shall not be disclosed 
without specific written permission by the Party providing the information.  
3.45.   Under Section 8 -E each Party shall retain its rights and obligations under the WTO 
Agreement on Subsidies and Countervai ling Measures.  
3.46.   Under Section 8 -F the Parties agree to explore opportunities for cooperation, collaboration 
and information exchange which is of mutual interest, consistent with the provisions of the 
Chapter.  Such opportunities include technical assistance, capacity building and development of 
training programmes on the administration of trade remedy laws. The Parties agree to cooperate 
to facilitate the implementation of the Chapter.  
3.47.   Chapter 12 (Dispute Settl ement) does not apply to Sections 8 -A to 8 -E of Chapter 8 while 
Chapter 11 (Institutional Provisions ) does not apply to Sections 8 -B to 8 -E of Chapter 8.  
3.4.4   Subsidies and State -aid 
3.48.   There are no provisions on subsidies or State aid under the Agreement.  
3.4.5   Customs -related procedures  
3.49.   Chapter 5 covers customs procedures and cooperation, while Chapter 4 deals with rules of 
origin and procedures relating to rules of origin.  WT/REG379/1/Rev.1  
 
- 18 - 
 
  3.50.   Chapter 5 applies to customs procedures applied to goods traded between the Parties, in 
accordance with their respective laws and regulations and policies  (Article 5.2) . The Parties aim to 
ensure predictability, consistency and transparency in the application of their customs laws and 
regulations; promote efficient, economical administration o f customs procedures and the 
expeditious clearance of goods; simply customs procedures; and promote cooperation between 
their customs administrations  (Article 5.1) .  
3.51.   The Parties will ensure that their customs procedures and practices are predictable, 
consistent, transparent , and facilitate trade, including through the expeditious clearance of goods. 
Their customs procedures shall, where possible and to the extent permitted by their respective 
customs laws, conform to the standards, and recommended practices  of the World Customs 
Organization.  In addition, their customs administrations shall review their customs procedures, 
with a view to their simplification to facilitate trade  (Article 5.4) . To enhance such trade flows, the 
authorities agree to administer th eir customs procedures to facilitate the clearance of low risk 
goods and focus on high risk goods and to regularly review these procedures. The customs 
administration shall also endeavour to provide a single point for processing of goods (either 
electronic  or based on documentation) which it deems do not require inspection to authorize 
clearance from customs control (Article 5.5).  
3.52.   Under Article 5.6, the Parties shall, to the extent permitted by their domestic laws, 
regulations and administrative determinati ons, maintain procedures for advance rulings providing 
for importers to apply for advance rulings before importing goods. They shall also provide that an 
advance ruling, once the authorities have obtained the required information from the importer on 
the g oods to be imported, be issued expeditiously to the applicant within the period specified in 
their domestic laws, regulations or administrative determinations. Their Parties may also modify or 
revoke an advance ruling where they determine that it was based  on an error of fact or law, the 
information provided was false or inaccurate or if there was a change in the domestic law, a 
material fact or the circumstances on which the ruling is based. If an importer claims that an 
advance ruling must be provided for  imports of certain goods, the customs administration may 
evaluate whether the facts and circumstances of the import are consistent with those upon which 
an advance ruling was based.  
3.53.   Chapter 5 also encou rages the authorities to have sy stems that support el ectronic customs 
transactions. They shall take into account the relevant standards and best practices recommended 
by the World Customs Organization, taking into consideration their available infrastructures and 
capabilities. The Parties also agree that the ir customs administrations assist each other, to the 
extent permitted by their domestic laws and as deemed appropriate.11 They may also, subject to 
available resources and as deemed appropriate, explore and undertake cooperation projects, 
including capacity  building programmes to enhance the capabilities of their customs personnel.  
Other provisions in Chapter 5 include transparency, whereby the Parties agree to ensure their 
customs laws, regulations and general administrative procedures and other requirement s, such as 
customs fees and charges are readily available to interested parties, wherever possible 
electronically (Article 5.9); contact points for inquiries by interested parties concerning customs 
matters (Article 5.10);12 consultation, which will be enco uraged between the Parties regarding 
significant customs issues that affect traded goods (Article 5.11); confidentiality, whereby nothing 
in the Chapter shall be construed to require any Party to furnish information or allow access to 
confidential informat ion (Article 5.12); and the possibility of administrative review and appeal of 
decisions by customs authorities, requiring also that the decision on appeal shall be given to the 
appellant, in addition with the reasons for the decision, in writing (Article 5.13).  
3.54.   Article 3.5 incorporates the WTO Agreement on Customs Valuation (including any 
amendments) into the Agreement mutatis mutandis for the purposes of determining the customs 
value of goods traded between the Parties.  
                                                
11 The issues for cooperation include the implementation and operation of the Chapter; developing and 
implementing customs best practices and risk management techniques; providing where possible, prior notice 
of changes to laws, regulations, and relevant procedures and guid elines that would affect the operation of the 
Agreement; simplifying and harmonizing customs procedures; advancing technical skills and the use of 
technology; and application of the WTO Agreement on Customs Valuation (Article 5.8).  
12 The contact points are the Rules of Origin Unit, Customs Division, Royal Malaysian Customs 
Department for Malaysia a nd the Ministry of Customs and Trade, Directorate General for EU and External 
Relations  for Turkey.  WT/REG379/1/Rev.1  
 
- 19 - 
 
  3.4.6   Other regulations  
3.5  Sector -Specific Provisions of the Agreement  
3.55.    Under Chapter 9 on economic and technical cooperation, the Parties agree to cooperate 
inter alia  on agriculture and the food industry; and the automotive sector. In agriculture and the 
food industry such cooperation will includ e: an exchange of information, expertise and experts on 
agriculture and the food industry; training, seminars, conferences and meetings; encourage ment 
for the establishment of joint activities, trade and marketing of agricultural products, and 
investment i n production and processing of agricultural products in the Parties and third countries; 
and promotion of transfer of technology and know -how in the agro -and food industry (Article 9.7). 
The Parties also cooperate to encourage the promotion of Halal best p ractices through the sharing 
of information, experience and expertise in relation to Halal best practices, methodologies, 
reference materials and research findings, and cooperation in specialized Halal related activities, 
trade events, conferences and semi nars (Article 9.15).  
3.56.   For the automotive sector, the Parties shall encourage cooperation between enterprises in 
the sector to enhance, inter alia , the exchange of technical experts and sharing of knowledge and 
technology. The areas and forms of cooperation  shall be determined by the enterprises and related 
organizations (Article 9.17).  
4  GENERAL PROVISIONS O F THE AGREEMENT  
4.1  Transparency  
4.1.  In addition to other provisions on transparency across the Agreement, Chapter 10 deals 
specifically with transparency. The Pa rties agree to exert their best efforts to ensure wherever 
possible, in electronic form, that their laws, regulations, procedures, and administrative rulings of 
general application on any matter covered by the Agreement, are promptly published or otherwise  
made available in such a manner as to enable interested persons of the other Party to become 
acquainted with them.  Furthermore, where possible, each Party shall in accordance with its 
domestic law publish in advance any such measure that it proposes to adopt; and provide, where 
appropriate, interested persons and parties with a reasonable opportunity to comment on suc h 
proposed measures upon request (Article 10.2).  
4.2.  Article 10.3 deals with transparency of administrative proceedings with a view to 
administering in a consistent, impartial and reasonable manner all measures covered by the 
Agreement. Under Article 10.4 the Parties shall, where warranted, establish or maintain judicial, 
quasi -judicial or administrative tribunals, or procedures for the prompt review and correction of 
final administrative actions on matters covered by the Agreement, other than those taken for 
prudential reasons. The tribunals shall be independent of the office or authority entrusted with 
administrative enforcement and shall not have any substantial interest in the outcome of the 
matter.  The Parties shall ensure that in accordance with their dome stic laws, the tribunals or 
procedures provide the parties to the proceedings with a reasonable opportunity to support or 
defend their respective positions and a decision based on the evidence and submissions of record. 
Each Party shall also ensure that su bject to appeal or further review, as provided for in its 
domestic law, that such decisions shall be implemented by and shall govern the practice of, the 
offices or authorities with respect to the administrative action at issue (Article 10.4). The 
Agreemen t also establishes contact points to facilitate communications between the Parties on any 
trade matter covered by the Agreement.13 
4.2  Current payments and capital movements  
4.3.  Other than Article 13.4 on exceptions for balance of payments measures, there are no ot her 
specific provisions on current payments and capital movements in the Agreement.  
                                                
13 The contact points under Article 10.6  are the Ministry of Economy, or its successor for Turkey and the 
Ministry of International Trade and Industry or its successor, for Malaysia.  WT/REG379/1/Rev.1  
 
- 20 - 
 
  4.3  Exceptions  
4.4.  General and Security exceptions are provided for by Article 13 of the Agreement. Article 13.1 
incorporates Article XX of GATT 1994 and its interpretative notes ( including footnotes) into and 
makes them part of the Agreement mutatis mutandis. According to Article 13.2 nothing in the 
Agreement shall be construed (a) to require a Party to furnish or allow access to any information 
whose disclosure it determines to be  contrary to its essential security interests ; (b) to prevent a 
Party from taking any actions which it considers necessary for the protection of its essential 
security interests relating to traffic in arms, ammunition and implements of war  and to such traf fic 
in other goods and materials or relating to the supply of services as carried on, directly or 
indirectly, for the purpose of supplying or provisioning a military establishment; taken in time of 
war or other emergency in international relations; or rela ting to fissionable and fusionable 
materials, or the materi als from which they are derived; or to prevent a Party from taking any 
action in pursuance of its obligations under the UN Charter for the maintenance of international 
peace and security. The Joint  Committee established under the Agreement will be informed about 
any measures taken under (a) and (b) and of their termination.  
4.5.  The Agreement, unless specifically stated  otherwise , does not apply to taxation measures.14 
Rights and obligations on taxation a re only granted by the Agreement, where such corresponding 
rights and obligations are granted by the WTO Agreements. Nothing in the Agreement shall affect 
the rights and obligations of the Parties under any other agreement on taxation. In the event of 
any inconsistency between the Agreement and any such agreement on taxation measures, the 
latter shall prevail to the extent of the inconsistency.  
4.4  Accession and Withdrawal  
4.6.  There are no provisions on accession by third parties to the Agreement. The Agreement can  
be terminated through written notice by either Party; termination shall take effect on first day of 
the seventh month after the date of notice of the termination. The other Party may request 
consultations in writing within 45 days of receipt of the notice  of termination . The requested Party 
shall enter into consultations in good faith with a view to reaching an equitable agreement within 
30 days after the date of receipt of the request for consultations.  
4.5  Institutional framework  
4.7.  Chapter 11 on Institutional Provisions establishes the Joint Economic and Trade Council as 
well as the Joint Committee. The former  consisting of senior officials of the Parties  is co-chaired by 
their Ministe rs and will meet at least once every two years (Article 11.1). It is tasked w ith 
reviewing progress made in implementing the Agreement and examining any major issues arising 
from the Agreement, including its economic and social impact and any other bilateral or 
multilateral issues of mutual interest  (Article 11.2) . The Council shal l take decisions and make 
recommendations by consensus between the Parties.  
4.8.  Subject to the powers of the Council, a Joint Committee is established by the Agreement 
(Article 11.4).  According to the Parties, the Agreement envisaged a dual structure through t he 
establishment of the Joint Economic and Trade Council and the Joint Committee. The Joint 
Committee is subject to the powers of the Council which may delegate to the Joint Committee in 
full, or in part, any of its powers  The Committee's functions under Article 11.4 include to review 
the implementation and operation of the Agreement; to explore ways to enhance trade between 
the Parties and further the objectives of the Agreement, including the possibility to further remove 
trade restrictions; establ ish sub -committees  or working groups as needed,  supervise their work  
and adopt any decisions and recommendations as necessary ; facilitate as appropriate the 
avoidance and settlement of disputes arising under the Agreement; and carry out any other 
functions  as agreed by the Parties. The Joint Committee shall meet within one year of the entry 
into force of the Agreement, with subsequent meetings, alternatively in Malaysia and Turkey, held 
as frequently as the Parties deem fit. Special meetings may also be hel d if requested by the Parties 
within 30 days of the request.  
                                                
14 Where taxation measures means any measures levying direct or indirect taxes, including excise duties 
and sales tax, as defined by the national laws and regulations of the Parties as long as these taxes are not 
used for the purpose of protecting the domestic industry of the Party levying the duties (Article 13.5).  WT/REG379/1/Rev.1  
 
- 21 - 
 
  4.9.  Chapter 11 also establishes five sub -committees: on Trade in Goods; Rules of Origin; SPS 
measures; on Standards, Technical Regulations and Conformity Assessment Procedures; and on 
Economic and Te chnical Cooperation.  The sub -Committees may set up ad hoc working groups to 
deal with specific issues referred to them by the Joint Committee . The Parties indicate that while 
no sub -committees have been set up thus far, during the first Joint Committee Mee ting in Ankara 
on 5-6 October 2017, they agreed in principle to convene negotiations on the expansion of the 
Agreement to cover investment, trade in services and electronic commerce. The establishment of 
the relevant sub -committees will be considered, if n ecessary.  
4.6  Dispute settlement  
4.10.   Chapter 12 establishes a dispute settlement mechanism regarding the interpretation and 
application of the Agreement. Such matters, according to Article 12.4 shall as far as possible be 
settled through consultation between the P arties. Consultations shall be requested in writing, with 
a copy to the Joint Committee, and provide sufficient information to enable the examination of the 
matter under dispute. The Party to which the request is made shall reply in writing within 10 days 
after the date of its receipt. Consultations will be held no more than 30 days after the receipt of 
the request (15 days in the case of perishable goods) (Article 12.4). The Parties shall make every 
effort to reach a mutually satisfactory resolution of any  matter through consultations. The Parties 
may also at any time agree to good offices, conciliation or mediation, which, if they agree, may 
continue while the dispute proceeds to the Arbitration Panel for resolution (Article 12.5).  
4.11.   The complaining Party ma y request the establishment of an Arbitration Panel if the Party 
complained against does not enter into consultations within 30 days after the date of receipt of the 
request; or the Parties fail to resolve a dispute within 60 days of receipt of the request  for 
consultations (30 days of receipt of the request for consultations regarding a matter concerning 
perishable goods)  (Article 12.6) . The Panel shall not be requested for any matter relating to a 
proposed measure.   
4.12.   Article 12.3 permits the complaining Pa rty to select the dispute settlement procedure under 
which to settle the dispute. It shall notify the other Party in writing of its intention to select a 
particular forum before doing so, but once it has selected a forum, it shall use that forum to the 
exclusion of the other.  
4.13.   The Panel, whose terms of reference (unless otherwise agreed by the Parties within 20 days 
from receipt of the request for establishment) are given in Article 12.7, shall consist of three 
arbitrators. Each Party appoints one arbitrato r, including its own nationals, within 30 days of 
receipt of the request for establishment, and the third, who shall be the Chair of the Panel, shall be 
agreed upon by the Parties within 45 days. Article 12.8 also provides for the appointment of the 
Chair of the Panel in case the Parties are not able to agree, including a common agreement 
between the two panel members and a request by either Party to the Director General of the WTO 
to appoint the third panel member. If the Director General is not able to ap point a Panel member, 
the Parties shall consult each other to jointly appoint the third arbitrator within a further period of 
30 days.  The Chair may not be a nation of either Party, nor be a resident of a Party, and not be 
employed by either Party or have dealt with the matter in any capacity.  
4.14.   The Arbitration Panel shall make an objective assessment of the matter before it and 
interpret the Agreement in accordance with customary rules of interpretation of public 
international law. Its meetings shall be clos ed to the public unless the Parties decide otherwise. It 
shall take its decision by consensus and in cases it is unable to do so, it may take a majority vote. 
Further functions and proceedings of the Panel are described in Article 12.9.  
4.15.   The initial report of the Panel shall be issued to the Parties within 90 days of its 
establishment. The Panel shall inform the Parties in writing of any delay in issuing its initial report 
indicating the reasons for the delay and providing an estimate of when it expects to i ssue the 
report. The initial report should under no circumstances be issued later than 120 days after the 
establishment of the Panel  (Article 12.11) . The final report shall be issued to the Parties within 
120 days of the establishment of the Panel. If the Panel feels it cannot meet this deadline, it shall 
inform the Parties in writing with an estimate of by when it can issue the report. The report in any WT/REG379/1/Rev.1  
 
- 22 - 
 
  case must be issued within 150 days of the establishment of the Panel.15 The report shall be final 
and bi nding on the Parties.16  
4.16.   The Party complained against shall promptly comply with the findings of the Panel  
(Article  12.13) . Where it is not practicable to comply immediately, the Party shall comply within a 
reasonable period of time to be mutually determine d by the Parties. If they fail to agree within 
45 days of the release of the final report by the Panel, either Party may refer the matter to an 
Arbitration Panel to determine the reasonable amount of time, following consultations with the 
Parties.  The Part y complained against shall notify its implementing measures to the other Party 
before the expiry of the agreed reasonable period of time. Where there is disagreement among the 
Parties on whether the non -conformity as identified in the Panel Report has been  eliminated within 
the reasonable period of time, either Party may refer the matter to an Arbitration Panel; the 
Arbitration Panel shall be the same as that established for the purposes of review under 
Article  12.15.  
4.17.   If the implementing measures are not taken or the Party notifies the other Party that the 
measures are impractical or the Arbitration Panel established under Article 12.13 above finds that 
the Party has failed to eliminate the non -conformity within the reasonable period of time, the Party 
complained against shall, if so requested by the other Party enter into negotiations to reach a 
mutually satisfactory compensation  (Article 12.14) . A notification to suspend benefits may be 
made if there is no agreement on satisfactory compensation within 20 days of the receipt of the 
request; the suspension shall take effect after 30 days after the notification. Any suspension or 
compensation shall be temporary and not preferable to the full elimination of the non -conformity. 
The suspension shall only be appl ied until the non -conformity is eliminated or a mutually 
satisfactory solution is found. Article 12.15 also provides for a review which may be requested by 
the Party complained against to determine whether the requirements for the suspension of 
benefits ha ve not been met. In such a case, to the extent possible, the determination will take 
place by the arbitrators in the original Arbitration Panel.  
4.7  Relationship with other agreements concluded by the Parties  
4.18.   In Article 1.3 the Parties declare that nothing in the Agreement shall derogate from their 
existing rights and obligations under the WTO Agreement or any other multilateral or bilateral 
agreements to which they are party. In the event of any inconsistency between the Agreement 
and any other agreement to wh ich the Parties are party, they shall immediately consult within the 
Joint Committee with a view to finding a mutually satisfactory solution, taking into consideration 
general principles of public international law. Furthermore, nothing in the Agreement sh all preclude 
the maintenance or establishment of customs unions, free trade areas, or other arrangements 
between either Party and third countries, insofar as they do not alter their rights and obligations 
under the Agreement  (Article 1.4) .  
4.19.   Table  4.1 lists  the notified and non -notified (if any) trade agreem ents that have Turkey or 
Malaysia as members (excluding the current Agreement).  
Table 4.1 Turkey and Malaysia: Participation in other RTAs (notified and  non-notified in 
force), as of 28  November 2017  
RTA Name  Date of entry 
into force  Coverage  GATT/WTO Notification  
Year WTO Provision  
TURKEY  
Turkey - Republic of Moldova  01-Nov-16 Goods  2016 GATT Art. XXIV  
Turkey - Mauritius  01-Jun-13 Goods  2013 GATT Art. XXIV 
Republic of Korea - Turkey  01-May-13 Goods  2013 GATT Art. XXIV  
Turkey - Jordan  01-Mar-11 Goods  2011 GATT Art. XXIV  
                                                
15 For matters of urgency, including those regarding perishable goods, the Panel shall make every effort 
to issue the initial and final reports in half of the time indicated. The Panel may also give a preliminary report 
on whether a case is urgent (Article 12.11.8).  
16 Under Article 12.12, the Parties may agr ee that the Panel suspend its work at any time for a period 
not exceeding 12 months from the date of such agreement. They may also agree to terminate the proceedings 
of the Panel by jointly notifying the Chair of the Panel at any time before the Panel issu es its report to the 
Parties.  WT/REG379/1/Rev.1  
 
- 23 - 
 
  RTA Name  Date of entry 
into force  Coverage  GATT/WTO Notification  
Year WTO Provision  
Turkey - Chile 01-Mar-11 Goods  2011 GATT Art. XXIV  
Turkey - Serbia  01-Sep-10 Goods  2010 GATT Art. XXIV  
Turkey - Montenegro  01-Mar-10 Goods  2010 GATT Art. XXIV  
Turkey - Georgia  01-Nov-08 Goods  2009 GATT Art. XXIV  
Turkey - Albania  01-May-08 Goods  2008 GATT Art. XXIV  
Egypt - Turkey  01-Mar-07 Goods  2007 Enabling Clause  
Turkey - Syria 01-Jan-07 Goods  2007 GATT Art. XXIV  
Turkey  - Morocco  01-Jan-06 Goods  2006 GATT Art. XXIV  
Turkey - Tunisia  01-Jul-05 Goods  2005 GATT Art. XXIV  
Turkey - Palestinian Authority  01-Jun-05 Goods  2005 GATT Art. XXIV  
Turkey - Bosnia and Herzegovina  01-Jul-03 Goods  2003 GATT Art. XXIV  
Turkey - The former Yugoslav Republic 
of Macedonia  01-Sep-00 Goods  2001 GATT Art. XXIV  
Turkey - Israel  01-May-97 Goods  1998 GATT Art. XXIV  
EU - Turkey  01-Jan-96 Goods  1995 GATT Art. XXIV  
EFTA - Turkey  01-Apr-92 Goods  1992 GATT Art. XXIV  
Economic Cooperation Organization 
(ECO)  17-Feb-92 Goods  1992 Enabling Clause  
Protocol on Trade Negotiations (PTN)  11-Feb-73 Goods  1971 Enabling Clause  
Turkey - Iran 01-Jan-15 Goods  Not notified  
Turkey – Faroe Islands  01-Oct-17 Goods  Not notified  
Turkey – Singapore  01-Oct-17 Goods and 
Services  Not notified  
MALAYSIA  
ASEAN - Republic of Korea  01-Jan-10 
14-Oct-10 Goods  
Services  2010 Enabling Clause, 
GATT Art. XXIV & 
GATS Art. V  
ASEAN - India 01-Jan-10 
01-Jul-15 Goods  
Services  2010 
2015 Enabling Clause  
GATS Art. V  
ASEAN - China  01-Jan-05 
01-Jul-07 Goods  
Services  2005 
2008 Enabling Clause  
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  
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  
ASEAN - Australia - New Zealand  01-Jan-10 Goods & 
Services  2010 GATT Art. XXIV & 
GATS Art. V  
ASEAN - Japan  01-Dec-08 Goods  2009 GATT Art. XXIV  
Pakistan - Malaysia  01-Jan-08 Goods & 
Services  2008 Enabling Clause & 
GATS Art. V  
Japan - Malaysia  13-Jul-06 Goods & 
Services  2006 GATT Art. XXIV & 
GATS Art. V  
ASEAN Free Trade Area (AFTA)  01-Jan-93 Goods  1992 Enabling Clause  
Global System of Trade Preferences 
among Developing Countries (GSTP)  19-Apr-89 Goods  1989 Enabling Clause  
ASEAN Framework Agreement on 
Services (AFAS)  12-Aug-98 Services  Not notified  
Source:  WTO Secretariat.  
 
4.20.   Following the entry into force of the Agreement, two previous bilateral agreements between 
the Parties were terminated: Trade Agreement between the Republic of Turkey and Malaysia and 
the Economic and Technical Cooperation Agreement between the Government of the Republic of 
Turkey and Malaysia ; both agreements were signed on 13 February 1977 (Article 14.7).  
4.8  Government procurement  
4.21.   There are no provisions on Government Procurement in the Agreement.  WT/REG379/1/Rev.1  
 
- 24 - 
 
  4.9  Intellectual Property Rights  
4.22.   While there are no provisions on intellectual property rights per se, Article 9.12 refers to 
cooperation in intellectual property rights.17 The Parties agree to cooperate according to their own 
capabilities and subject to the laws, regulations and policies on matters relating to the practice, 
promotion, dissemination, managem ent, protection and effective application of intellectual 
property rights. They also agree to cooperate on preventing the abuse of such rights, fight against 
counterfeiting and piracy and to establish and strengthen national organizations for the control a nd 
protection of these rights.  
4.10  Other  
4.10.1   Economic and Technical Cooperation  
4.23.   Chapter 9 establishes a framework for cooperation, without prejudice to the provisions of 
the existing agreements between the Parties in the fields of trade, economic and technical 
cooperation. The framework for cooperation is to form a means to expand and enhance the 
benefits of the Agreement to promote capacity building activities in areas of mutual interest.  
4.24.   The Parties will, inter alia , promote and enhance economic and technical cooperation in 
accordance with the applicable laws and regulations; complement existing and build new 
cooperative relationships; advance human resources development, create new opportunities for 
trade and invest ment, promote competitiveness and innovation including the involvement, where 
possible, of their private sectors; contribute to the important role played by the private sector in 
promoting and building strategic alliances to encourage mutual economic growt h and 
development; encourage the presence of each other's goods, services and investment in their 
respective markets; and increase and deepen the level of cooperation between them in areas of 
mutual interest. The scope of the Chapter extends to but is not limited to: services; investment 
promotion; SMEs; trade and development; agriculture and food industry; transportation; tourism; 
environment; research, development and innovation; intellectual property; health; energy; halal 
related areas; electronic comme rce; and the automotive industry (Article 9.2). Cooperation 
activities may include but are not limited to: (a) exchange of information; (b) dialogues, 
conferences and seminars; (c) development of joint research programmes; (d) encouraging 
private sector co operation; (e) technical, administrative and regulatory assistance; and (f) 
encouragement of reciprocal participa tions in fairs and exhibitions. Other areas may be added 
through existing or new arrangements (Article 9.3).  
4.25.   The Agreement also establishes a sub-Committee on Economic and Technical Cooperation 
(Article 9.18)  which shall meet at least one year after the entry into force of the Agreement, and 
thereafter as agreed by the Parties . According to the Parties the Sub -Committee has not met thus 
far. 
4.26.   Neither Party may have recourse to the dispute settlement mechanism under the 
Agreement for any issues arising from Chapter 9.  
4.10.2   Services  and investment  
4.27.   Although there are no provisions on services in the Agreement, the Parties, under 
Article  14.3 (Evolutionary  Clause), agree to begin negotiations on trade in services within one year 
after the entry into force of the Agreement with a view to progressively liberalize trade in services 
between them in conformity with Article V of GATS. They also agree to begin exp loratory talks on 
investment one year after entry into force of the Agreement, with a view to include a Chapter on 
investment in the Agreement, on a mutually advantageous basis.  The Parties indicate that during 
the first meeting of the Joint Committee held  in Ankara on 5 -6 October 2017, the Parties 
commenced negotiations on trade in services and investment.  
                                                
17 Intellectual property rights refers to copyright and related rights, trademarks, geographical 
indications, industrial designs, patents, layout designs of integrated circuits, and rights in plant varieties as 
defined and described in the WTO TRIPS Agreemen t. WT/REG379/1/Rev.1  
 
- 25 - 
 
  4.28.   Under Chapter 9 on economic and technical cooperation, the Parties will encourage 
cooperation in services. They recognize the growing importance of services in their economic 
growth and development and in compliance with the GATS and within the limits of their own fields 
of competence, they will encourage cooperation in services. T hey will identify  the sectors in which 
to cooperate, which will aim at promoting productivity and competitiveness in services.  They will 
also explore opportunities for cooperation between their companies and with third parties in 
construction and construction related services and will encourage private sector information 
exchange on markets and activities.  Provisions on cooperation in specific services such as 
transportation and tourism are also included in Chapter 9  (Articles 9.8 and 9.9) . 
4.29.   The Parties recognize the importance of promoting investment and technology flows as a 
means to achieving economic growth and development. Without prejudice to the provisions of the 
Agreement between the Government of the Republic of Turkey and the Government of Malaysia for 
the Reciprocal Promotion and Protection of Investment, the Parties agree to cooperate in a number 
of areas including: discussing effective ways to promote investment and capacity building; 
facilitating the provision and exchange of information on investment including laws, regulations 
and policies, to increase awareness o f investment opportunities; encouraging and supporting 
investment promotion and the establishment of joint ventures or collaborations between the 
Parties'  private sectors with a view to promote investment in third parties (Article 9.4).  
4.10.3   Electronic commerce  
4.30.   The Parties recognize the importance of electronic commerce in facilitating trade 
opportunities in various sectors and call for their private sectors to lead in the development of 
electronic commerce and in establishing business practices. They agree to a void imposing 
unnecessary restrictions on e -commerce and that Government actions, when needed, should be 
transparent. They shall, according to their own capabilities, work together to support the future 
development of e -commerce by encouraging bilateral di scussions at expert level on issues 
regarding e -commerce and exchange experiences and share best practices on electronic commerce 
related issues (Article 9.16) . 
 WT/REG379/1/Rev.1  
 
- 26 - 
 
  ANNEX 1  
1. Table A1.1 shows  tariff liberalization by Turkey  for imports from Malaysia, while Table  A1.2 
shows tariff liberalization by Malaysia for imports from Turkey.  The indicators are presented by all, 
agricultural and non -agricultural products and compared to the average MFN tariff in the year of 
entry into f orce of the Agreement.  For Turkey, the MFN rates in 2012 are used  as it was not 
possible to obtain MFN rates for 2015 in the same HS nomenclature.  
2. In 2012, Turkey's overall average MFN tariff was 13.8%, and significantly higher for 
agricultural products at  53.6% compared to 5.7% for non -agricultural products. Over 23% of the 
tariff was duty free (12.4% for agricultural products and 25.8% for non -agricultural products). 
Following entry into force of the Agreement the share of duty free lines rose to 68.5% ov erall, of 
which 21.6% for agricultural products and 79% for non -agricultural products. The overall average 
tariff for imports from Malaysia fell to 11.2%, 51.1 % for agricultural products and 3% for 
non-agricultural products. Malaysian exporters as a result  had a relative margin of preference of 
18.8% overall, and 4.7% and 47.4% respectively for agricultural and non -agricultural products.  As 
a result of further liberalization, by the end of the implementation period, 85.9% of Turkey's 
overall tariff will be duty free in 2023, of which 25.2% of agricultural tariff lines and 99.3% of 
non-agricultural tariff lines.  
Table A1.1  Turkey: Indicators of MFN tariff rates and preferential rates for imports from 
Malaysia  
Origin of 
goods  Year ALL PRODUCTS  Agricultural pro ductsa Non-agricultural 
products  
Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share of 
duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) 
Overall 
(%) 
On 
dutiable 
(%) 
Overall 
(%) 
On 
dutiable 
(%) 
MFN 2012 13.8 18.1 23.4 53.6 61.9 12.4 5.7 7.7 25.8 
Malaysia  2015 11.2 36.6 68.5 51.1 66.7 21.6 3.0 14.1 79.0 
2016 10.8 35.3 68.5 50.9 66.4 21.6 2.5 12.1 79.0 
2017 10.4 34.0 68.5 50.7 66.1 21.6 2.1 10.1 79.0 
2018 10.0 35.8 71.1 50.4 66.5 22.2 1.7 9.3 81.9 
2019 9.6 34.5 71.1 50.3 66.2 22.2 1.3 7.3 81.9 
2020 9.3 45.4 78.4 50.1 66.1 22.3 0.9 10.3 90.9 
2021 9.1 44.4 78.4 49.9 65.8 22.3 0.7 7.9 90.9 
2022 8.9 43.3 78.4 49.7 65.5 22.3 0.5 5.5 90.9 
2023 8.7 67.0 85.9 49.5 68.1 25.2 0.3 43.1 99.3 
a WTO Definition.  
Note:  For the calculation of averages, duties of the tariff lines subject to specific rates are excluded.  
 Based on the HS 2007 nomenclature.  
Source:  WTO estimates based on data provided by Turkey.  
3. In 2015 Malaysia's overall average MFN tariff was 6.5% and 3% and 7.1% respectively for 
agricultural and non -agricultural products. Almost 60% of its overall tariff was duty free; 70.2% 
and 58.3% of its agricultural and non -agricultural tariff r espectively was duty free. As a result of 
entry into force of the Agreement, the share of duty free lines rose to 67.2% overall, and 80.6% 
and 65.1% respectively for agricultural and non -agricultural products. The overall average duty for 
imports from Turk ey fell to 5% (1.8%  for agricultural products  and 5.5% fo r non-agricultural 
products).  As a result the relative margin of preference for Turkish exporters was 23.1% overall, 
40% for agricultural products and 22.5% for non -agricultural products. Once the Ag reement is 
fully implemented 98.6% of Malaysia's tariff is expected to be duty free for imports from Turkey. 
For agricultural and non -agricultural imports from Turkey, the figure is expected to be 92% and 
99.7% respectively.  WT/REG379/1/Rev.1  
 
- 27 - 
 
  Table A1.2  Malaysia: Indicators  of MFN tariff rates and preferential rates for imports 
from Turkey  
Origin of 
goods  Year ALL PRODUCTS  Agricultural productsa Non-agricultural products  
Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share of 
duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) 
Overall 
(%) 
On 
dutiable 
(%) 
Overall 
(%) 
On 
dutiable 
(%) 
MFN 2015 6.5 16.4 59.9 3.0 10.9 70.2 7.1 16.9 58.3 
Turkey  
 
 
 
 2015 5.0 15.5 67.2 1.8 10.8 80.6 5.5 15.8 65.1 
2016 4.0 12.3 67.2 1.5 9.2 80.6 4.4 12.5 65.1 
2017 2.9 9.0 67.2 1.2 7.5 80.6 3.2 9.1 65.1 
2018 1.8 8.5 78.5 1.0 13.8 89.6 1.9 8.3 76.8 
2019 1.1 5.0 78.5 0.9 13.2 89.6 1.1 4.6 76.8 
2020 0.3 12.1 97.0 0.9 15.1 90.8 0.2 10.7 98.0 
2021 0.3 10.3 97.0 0.9 14.9 90.8 0.2 8.2 98.0 
2022 0.2 8.6 97.0 0.9 14.7 90.8 0.1 5.8 98.0 
2023 0.2 18.6 98.6 0.9 18.4 92.0 0.1 19.0 99.7 
a WTO Definition.  
Note:  Tariff line subject to in -quota rate is excluded in the computation.  
 Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on data provided by Malaysia.  
 
4. Table A1.3 shows market access opportunities for Malaysia's top 25 global exports in Turkey 
as a result of the Agreement. Malaysia's top 25 global exports in 2012 -2014 accounted for 54.3% 
of its total exports and were covered by 102 tariff lines in Turkey's 2012 tariff. Of these lines 37 
were already duty free on an MFN basis before the Ag reement entered into force. Following the 
entry into force of the Agreement Turkey liberalized 45 of the remaining 65 lines in 2015. An 
additional 2 lines will become duty free in 2020 and 9 lines in 2023. Once the Agreement is fully 
implemented 9 lines wi ll remain subject to duty for imports from Malaysia. The products concerned 
are palm oil and its fractions (with an average MFN applied tariff in 2012 of 18.6%), crude palm oil 
(with an average MFN applied rate of 15.6% in 2012), and vegetable fats and oil s (with an 
average MFN applied rate of 38.1%).  
Table A1.3  Turkey: Market access opportunities under the agreement for Malaysia's top 
25 exports to the world  
Malaysia's top export products  
in 2012 - 2014  Access Conditions to Turkey's import markets  
HS number and description of the product  
Share in global 
exports (%)  MFN 2012  No. of duty 
free lines 
under the 
agreement  
Remain Dutiable  Average 
MFN 
applied 
rate (%)  
No. of 
dutiable 
lines  
No. of 
duty free 
lines  
2015  
2020  
2023  
271111  Natural gas, liquefied  8.2 0.0  1     
854231  Electronic integrated circuits as 
processors and controllers, whether 
or not combined with memories, 
converters, logic circuits, amplifiers, 
clock and timing circuits, or other 
circuits  7.8 0.0  2     
271019  Medium oils and preparations, of 
petroleum or bituminous minerals, 
n.e.s.  5.2 3.8 25  25    WT/REG379/1/Rev.1  
 
- 28 - 
 
  Malaysia's top export products  
in 2012 - 2014  Access Conditions to Turkey's import markets  
HS number and description of the product  
Share in global 
exports (%)  MFN 2012  No. of duty 
free lines 
under the 
agreement  
Remain Dutiable  Average 
MFN 
applied 
rate (%)  
No. of 
dutiable 
lines  
No. of 
duty free 
lines  
2015  
2020  
2023  
270900  Petroleum oils and oils obtained 
from bituminous minerals, crude  4.5 0.0  2     
151190  Palm oil and its fractions, whether 
or not refined  4.2 18.6 4     4 
854239  Electronic integrated circuits  2.9 0.0  2     
271011  Light oils and preparations, of 
petroleum or bituminous minerals 
which >= 90% by volume "incl. 
losses" distil at 210°c "astm d 86 
method"  2.5 4.7 12  12    
847330  Parts and accessories of automatic 
data-processing machines or for 
other machines of heading 8471, 
n.e.s.  2.2 0.0  2     
847170  Storage units for automatic data -
processing machines  2.1 0.0  12     
151110  Crude palm oil  1.6 15.6 1 1    1 
854140  Photosensitive semiconductor 
devices, incl. photovoltaic cells 
whether or not assembled in 
modules or made up into panels; 
light emitting diodes  1.3 0.0  2     
852872  Reception apparatus for television, 
colour, whether or not incorporating 
radio-broadcast  receivers or sound 
or video recording or reproducing 
apparatus, designed to incorporate 
a video display or screen  1.3 14.0 11   2 9  
401519  Gloves, mittens and mitts, of 
vulcanised rubber  1.3 2.7 1  1    
854290  Parts of electronic integrated 
circuits, n.e.s.  1.2 0.0  1     
847180  Units for automatic data -processing 
machines  1.1 0.0  1     
151620  Vegetable fats and oils and their 
fractions, partly or wholly 
hydrogenated, inter -esterified, re -
esterified or elaidinised, whether or 
not refined, but not further 
prepared  0.9 38.1 5  1   4 
711319  Articles of jewellery and parts 
thereof, of precious metal other 
than silver, whether or not plated 
or clad with precious metal  0.8 2.5 1  1    
400122  Technically specified natural rubber 
"tsnr"  0.8 0.0  1     
853710  Boards, cabinets and similar 
combinations of apparatus for 
electric control or the distribution of 
electricity, for a voltage <= 1.000 v  0.8 2.1 3  3    
853400  Printed circuits  0.7 0.0  3     
851762  Machines for the reception, 
conversion and transmission or 
regeneration of voice, images or 
other data, incl. switching and 
routing apparatus  0.6 0.0  2     WT/REG379/1/Rev.1  
 
- 29 - 
 
  Malaysia's top export products  
in 2012 - 2014  Access Conditions to Turkey's import markets  
HS number and description of the product  
Share in global 
exports (%)  MFN 2012  No. of duty 
free lines 
under the 
agreement  
Remain Dutiable  Average 
MFN 
applied 
rate (%)  
No. of 
dutiable 
lines  
No. of 
duty free 
lines  
2015  
2020  
2023  
854129  Transistors with a dissipation 
rate>=1 w  0.6 0.0  1     
441231  Plywood consisting solely of sheets 
of wood <= 6 mm thick, with at 
least one outer ply of tropical wood 
specified in subheading note 1 to 
this chapter  0.6 8.5 2  2    
854190  Parts of diodes, transistors and 
similar semiconductor devices; 
photosensitive semiconductor 
devices, light emitting diodes and 
mounted piezoelectric crystals, 
n.e.s.  0.6 0.0  1     
400599  Compounded, unvulcanised rubber 
in primary forms  0.5 0.0  3     
TOTALS  54.3 4.4 65 37 45 2 9 9 
Note:  For the calculation of averages, duties of the tariff lines subject to specific rates are excluded.  
 Based on the HS 2007 nomenclature.  
Source:  WTO estimates based on data provided by Turkey and UNSD, Comtrade  database.  
 
5. Table A1.4 shows market access opportunities for Turkey's top 25 global exports in 
Malaysia's market in 2012 -2014. Turkey's  top 25 global exports accounted for 31.9% of its total 
exports and were covered by 373 tariff lines in Malaysia's tariff , of which 87 were already duty free 
on an MFN basis. In 2015 when the Agreement entered into force 20 lines became duty free for 
imports from Turkey. Further liberalization will result in 72 lines becoming duty free in 2018, 
193 lines in 2020 and 1 line i n 2023. As a result, by the end of implementation all of Turkey's top 
25 exports to Malaysia will be duty free.  
Table A1.4  Malaysia: Market access opportunities under the agreement for Turkey's top 
25 exports to the world  
Turkey's top export products  
in 2012 - 2014  Access Conditions to Malaysia's import markets  
HS number and description of the 
product  
Share in global 
exports (%)  MFN 2015  No. of duty free lines 
under the 
agreement  
Remain Dutiable  Average 
MFN 
applied 
rate (%)  
No. of 
dutiable 
lines  
No. of duty 
free lines  
2015  
2018  
2020  
2023  
710812  Gold, incl. gold plated with 
platinum, unwrought, for 
non-monetary purposes  4.3 0.0  1      
721420  Bars and rods, of iron or 
non-alloy steel, with 
indentations, ribs, groves or 
other deformations 
produced during the rolling 
process  3.0 3.8 6 2 6     WT/REG379/1/Rev.1  
 
- 30 - 
 
  Turkey's top export products  
in 2012 - 2014  Access Conditions to Malaysia's import markets  
HS number and description of the 
product  
Share in global 
exports (%)  MFN 2015  No. of duty free lines 
under the 
agreement  
Remain Dutiable  Average 
MFN 
applied 
rate (%)  
No. of 
dutiable 
lines  
No. of duty 
free lines  
2015  
2018  
2020  
2023  
870421  Motor vehicles for the 
transport of goods, with 
compression -ignition 
internal combustion piston 
engine "diesel or semi -diesel 
engine" of a gross vehicle 
weight <= 5 t  2.2 25.7 12 2   12   
711319  Articles of jewellery and 
parts thereof, of precious 
metal other than silver, 
whether or not plated or 
clad with precious metal  2.2 0.0  2      
271019  Medium oils and 
preparations, of petroleum 
or bituminous minerals, not 
containing biodiesel, n.e.s.  2.2 0.3 1 17 1     
271012  Light oils and preparations, 
of petroleum or bituminous 
minerals which >= 90% by 
volume "incl. losses" distil at 
210°c "astm d 86 method"  1.8 0.3 1 18 1     
870322  Motor cars and other motor 
vehicles principally designed 
for the transport of persons, 
incl. station wagons and 
racing cars, with spark -
ignition internal combustion 
reciprocating piston engine 
of a cylinder capacity > 
1.000 cm³ but <= 1.500 
cm³ 1.3 22.1 13 1 1 1 10 1  
852872  Reception apparatus for 
television, colour, whether 
or not incorporating radio -
broadcast receivers or sound 
or video recording or 
reproducing apparatus, 
designed to incorporate a 
video display or screen  1.2 22.5 3 1  3    
610910  T-shirts, singlets and other 
vests of cotton, knitted or 
crocheted  1.2 0.0  2      
570242  Carpets and other floor 
coverings, of man -made 
textile materials, woven, not 
tufted or flocked, of pile 
construction, made up  1.2 10.0 1 1 1     
870331  Motor cars and other motor 
vehicles principally designed 
for the transport of persons, 
incl. station wagons and 
racing cars, with 
compression -ignition 
internal combustion piston 
engine "diesel or semi -diesel 
engine" of a cylinder 
capacity <= 1.500 cm³  1.1 22.1 13 1 1 1 11   WT/REG379/1/Rev.1  
 
- 31 - 
 
  Turkey's top export products  
in 2012 - 2014  Access Conditions to Malaysia's import markets  
HS number and description of the 
product  
Share in global 
exports (%)  MFN 2015  No. of duty free lines 
under the 
agreement  
Remain Dutiable  Average 
MFN 
applied 
rate (%)  
No. of 
dutiable 
lines  
No. of duty 
free lines  
2015  
2018  
2020  
2023  
870323  Motor cars and other motor 
vehicles principally designed 
for the transport of persons, 
incl. station wagons and 
racing cars, with spark -
ignition internal combustion 
reciprocating piston engine 
of a cylinder capacity > 
1.500 cm³ but <= 3.000 
cm³ 1.0 23.2 74  1  73   
854449  Electric conductors, for a 
voltage <= 1.000 v, 
insulated, not fitted with 
connectors, n.e.s.  1.0 22.7 27 1 7  20   
610990  T-shirts, singlets and other 
vests of textile materials, 
knitted or crocheted  1.0 0.0  3      
620462  Women's or girls' trousers, 
bib and brace overalls, 
breeches and shorts of 
cotton  0.9 0.0  1      
080222  Fresh or dried hazelnuts or 
filberts "corylus spp.", 
shelled  0.7 0.0  1      
870899  Parts and accessories, for 
tractors, motor vehicles for 
the transport of ten or more 
persons, motor cars and 
other motor vehicles 
principally designed for the 
transport of persons, motor 
vehicles for the transport of 
goods and special purpose 
motor vehicle s, n.e.s.  0.7 27.9 12   12    
620342  Men's or boys' trousers, bib 
and brace overalls, breeches 
and shorts, of cotton  0.7 0.0  2      
870210  Motor vehicles for the 
transport of >= 10 persons, 
incl. driver, with 
compression -ignition 
internal combustion piston 
engine "diesel or semi -diesel 
engine"  0.7 22.9 12 2   12   
870332  Motor cars and other motor 
vehicles principally designed 
for the transport of persons, 
incl. station wagons and 
racing cars, with 
compression -ignition 
internal combustion piston 
engine "diesel or semi -diesel 
engine" of a cylinder 
capacity > 1.500 cm³ but 
<= 2.500 cm³  0.6 23.7 54  1  53   WT/REG379/1/Rev.1  
 
- 32 - 
 
  Turkey's top export products  
in 2012 - 2014  Access Conditions to Malaysia's import markets  
HS number and description of the 
product  
Share in global 
exports (%)  MFN 2015  No. of duty free lines 
under the 
agreement  
Remain Dutiable  Average 
MFN 
applied 
rate (%)  
No. of 
dutiable 
lines  
No. of duty 
free lines  
2015  
2018  
2020  
2023  
840999  Parts suitable for use solely 
or principally with 
compression -ignition 
internal combustion piston 
engine "diesel or semi -diesel 
engine", n.e.s.  0.6 8.8 36 24  36    
110100  Wheat or meslin flour  0.6 0.0  2      
841810  Combined refrigerator -
freezers, with separate 
external doors  0.6 30.0 4   2 2   
730890  Structures and parts of 
structures, of iron or steel, 
n.e.s.  0.6 14.2 6   6    
870829  Parts and accessories of 
bodies for tractors, motor 
vehicles for the transport of 
ten or more persons, motor 
cars and other motor 
vehicles principally designed 
for the transport of persons, 
motor vehicles for the 
transport of goods and 
special purpose mot or 
vehicles  0.6 19.6 11 3  11    
TOTALS  31.9 12.0 286 87 20 72 193 1 - 
Note:  Based on the HS 2012 nomenclature.  
Source : WTO estimates based on data provided by Malaysia and UNSD, Comtrade database.  
__________