Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA)

17 November 2010

1. Trade in goods

Victorian merchandise exports to ASEAN (calendar year 2009): $2.9 billion. Principal exports:

• Milk and cream, including in powder $403 million
• Aluminium $343 million
• Wheat¹ $167 million
• Refined petroleum $149 million
• Medicaments (including veterinary) $134 million
• Beef, fresh, chilled or frozen (f.c.f.) $117 million
• Fruit and nuts $101 million
• Meat (excl beef), f.c.f. $79 million
• Edible products and preparations $76 million
• Plastic plates, sheets and film $74 million
• Crude petroleum $66 million

The following analysis summarises tariff outcomes under the Agreement Establishing the ASEAN-Australia-New Zealand FTA (AANZFTA) for Indonesia, Malaysia, the Philippines and Vietnam for some of Victoria' principal exports. These are the four largest AANZFTA markets with which Australia does not already have a bilateral FTA.

The tariff outcomes in AANZFTA include (export figures are for Victoria, calendar year 2009):

Dairy

On $5.0 million of exports of whey to Indonesia (0404.10) ²:

• Whey fit for human consumption – tariffs bound at 5% on entry-into-force and phased to 0% by 2017
• Other whey – tariffs bound at 5% on entry-into-force and reduced to 4% by 2015
• The elimination from entry-into-force of a 5% tariff on $2.0 million of exports of butter to Indonesia (0405.10).
• The elimination from entry-into-force of a 5% tariff on $8.8 million of exports of other cheeses not processed to Indonesia (0406.90).
• Tariffs of 0% and 5% bound at 0% from 1 January 2010 on $47.5 million of exports of milk powders, granules and other concentrated milk to Malaysia (0402).
• The elimination of a 2% tariff from 1 January 2010 on $6.5 million of exports of butter to Malaysia (0405.10).
• The elimination from 1 January 2010 of a 1% tariff on $62.3 million of exports of milk powders, granules and other concentrated milk to the Philippines (0402.10-0402.29).
• On exports of $9.9 million of buttermilk and other fermented or acidified milk products to the Philippines (0403.90):
  • Buttermilk – elimination of a 3% tariff from 1 January 2010.
  • Other fermented or acidified milk products – reduction of a 7% tariff to 3% from 1 January 2010 and its elimination in 2011.
• The elimination of a 1% tariff from 1 January 2010 on $6.7 million of exports of whey to the Philippines (0404.10).
• The reduction from 1 January 2010 of a 7% tariff to 3%, and its elimination in 2011, on $9.4 million of exports of other cheeses, not processed to the Philippines (0406.90).
• The elimination in 2016 or 2019 of tariffs of 10%, 15% and 30% on $11.1 million of exports of milk powders, granules and other concentrated milk to Vietnam (0402)

Aluminium

• The binding of 0% tariffs from entry-into-force on $7.8 million of exports of unwrought unalloyed aluminium to Indonesia (7601.10).
• The binding of 0% tariffs from 1 January 2010 on $60.6 million of exports of unwrought unalloyed aluminium to Malaysia (7601.10).
• The reduction from 1 January 2010 of a 30% tariff to 10%, with further reductions leading to tariff elimination by 2013, on $8.5 million of exports of aluminium alloys, in rectangular plates, sheets or strip, to Malaysia (7606.12).
• The elimination from 1 January 2010 of tariffs of 1% or 3% on $4.4 million of exports of aluminium alloys, in rectangular plates, sheets or strip to the Philippines (7606.12).
• The elimination in 2016 of a 3% tariff on $29.7 million of exports of aluminium alloys, in rectangular plates, sheets or strip to Vietnam (7606.12).

Cereals

• The binding of 0% tariffs from entry-into-force on $49.8 million of exports of wheat to Indonesia (1001.90).
• The binding of 0% tariffs from 1 January 2010 on $33.6 million of exports of wheat to Malaysia (1001.90).
• On $20.7 million of exports of wheat to the Philippines (1001.90):
  • The elimination from 1 January 2010 of tariffs of 3%.
  • Reduction of the 7% tariff on wheat not for human consumption to 3% from 2010 and its elimination in 2011.
• The elimination in 2016 of a 5% tariff on $29.8 million of exports of wheat to Vietnam (1001.90).
• The elimination in 2016 of a 5% tariff on $17.2 million of exports of malt to Vietnam (1107).

Medicaments

• On exports of $6.3 million of medicaments to Indonesia (3003-3004):
  • The elimination from entry-into-force of a 5% tariff.
  • The elimination from 2011 of a 10% tariff.
• The binding of 0% tariffs from 1 January 2010 on $25.4 million of exports of medicaments to Malaysia (3003-3004).
• The elimination from 1 January 2010 of tariffs of 1%, 3% or 5% on $33.4 million of exports of medicaments to the Philippines (3003-3004).

Meat and animal products

• To Indonesia:
  • The elimination in 2020 of a 5% tariff on $65.5 million of exports of fresh, chilled or frozen boneless beef cuts (0201.30, 0202.30).
  • The elimination in 2020 of a 5% tariff on $10.8 million of exports of other frozen edible beef offal (0206.22, 0206.29).
  • The binding of 0% tariffs on entry-into-force on $14.4 million of flours, meals and pellets of meat to Indonesia
• To Malaysia, the binding of 0% tariffs from 1 January 2010 on:
  • $15.7 million of exports of fresh, chilled or frozen beef (0201-0202).
  • $19.6 million of exports of fresh, chilled or frozen sheep and goat meat (0204).
  • $9.2 million of exports of frozen edible beef offal (0206.21, 0206.22, 0206.29).
• To the Philippines:
  • The reduction from 1 January 2010 of a 10% tariff to 5%, phasing to tariff elimination by 2012, on $11.2 million of exports of fresh, chilled or frozen boneless beef (0201-0202).
• The binding of 10% tariffs from 1 January 2010 phasing to 0% by 2016 on $4.3 million of exports of flours, meals and pellets of meat (2301.10) to Vietnam

Fruit

• The elimination from entry-into-force of a 5% tariff on $1.4 million of exports of fresh oranges to Indonesia (0805.10).
• The elimination from entry-into-force of a 5% tariff on $21.2 million of exports of fresh grapes to Indonesia (0806.10).
• The elimination of a 5% tariff from entry-into-force on $0.6 million of exports of pears and quinces to Indonesia (0808.20).
• The binding of 0% tariffs from 1 January 2010 on $4.0 million of exports of fresh oranges to Malaysia (0805.10).
• The elimination of a 5% tariff from 1 January 2010 on exports of $11.9 million of fresh grapes to Malaysia (0806.10).
• The elimination of a 5% tariff from 1 January 2010 on $0.5 million of exports of peaches to Malaysia (0809.30).
• The reduction from 1 January 2010 of a 25% tariff to 20%, with further reductions leading to tariff elimination by 2018, on $11.2 million of exports of fresh grapes to Vietnam (0806.10).

Seafood exports

While ASEAN is currently a small market for Australia' seafood exports, AANZFTA will deliver significant liberalization:

• All tariffs on seafood exports to Malaysia will be eliminated by 2011, except for tariffs on octopus which will be eliminated by 2015.
• Tariffs on all seafood exports to the Philippines will be eliminated, generally by 2011 or 2015, except for tariffs on frozen mackerel and fish fillets ( dried, salted or in brine but not smoked) which will be cut to 4% or 5% by 2015 or 2016.
  • e.g. 7% tariff on $1 million of exports of frozen fish meat was reduced to 3% on 1 January 2010 and will be eliminated in 2015 (0304.99).
• Most tariffs on seafood exports to Indonesia will be eliminated, either on entry-into-force or by 2013, except for a small number of products on which the tariff will be cut to the 2.5%-7.5% range.
• Tariffs on 75% of seafood tariff lines in Vietnam will be eliminated by 2018, with all other tariffs phased to 5% by 2022.

Food preparations

• The elimination from entry-into-force of a 5% tariff on $13.9 million of exports of miscellaneous food preparations to Indonesia (1901.10 + 1901.90).
• The binding of 0% tariffs from 1 January 2010 or elimination of 6% and 7% tariffs by 2011 on $26.8 million of exports of miscellaneous food preparations to Malaysia (1901.10, 1901.90).

Plastics

• The reduction from 1 January 2010 of tariffs of 25% or 30% to 15%, with further reductions leading to tariff elimination by 2016, on $32.7 million of exports of plates, sheets and strip, of propylene polymers, (non-cellular and not reinforced, laminated, supported or similarly combined with other materials) to Malaysia (3920.20) – the largest plastics export to Malaysia.
• The elimination in 2016 of tariffs of 5% or 10% on $32.0 million of exports of plates, sheets and strip, of propylene polymers, (non-cellular and not reinforced, laminated, supported or similarly combined with other materials) to Vietnam (3920.20) – the largest plastics export to Vietnam.

Lead

• The elimination from entry-into-force of a 5% tariff on $8.8 million of exports of unwrought lead to Indonesia (7801.10).
• The binding of a 0% tariff from 1 January 2010 on $10.8 million of exports of unwrought lead to Vietnam (7801.10).

Automotive parts and components

• There will be significant tariff elimination on Automotive parts and components. For most products, tariff-free treatment will be achieved, with tariffs on remaining products generally reduced to 5% or less, compared to tariffs generally in the 10%-15% range, and for Vietnam in the 20%-50% range:
  • Indonesia: tariff-free treatment on almost all tariff lines achieved by 2020 (and on about 80% of tariff lines by 2013).
    • For example, elimination of a 15% tariff by 2013 on $1.6 million of exports of miscellaneous motor vehicles parts and accessories (8708.99).
  • Malaysia: tariff-free treatment on almost all tariff lines achieved by 2020 (and on about 88% of tariff lines by 2013).
    • For example, elimination of tariffs ranging between 0% and 30% by 2013 on $3.9 million of exports of miscellaneous motor vehicles parts and accessories (8708.99).
  • Philippines: tariff-free treatment on:
    • About 91% of tariff lines by 2013.
    • 93% of tariff lines achieved by 2020.
  • Vietnam:
    • Tariffs reduced to the 0-5% range on 88% of tariff lines by 2017.
    • Tariff-free treatment on 88% of tariff lines achieved by 2020.
• Increased trade in Automotive parts and components should also be encouraged by the fact that AANZFTA is a regional FTA – i.e. there will be an incentive to use parts and components from other AANZFTA Parties in the production of manufactured goods to ensure that the latter meet AANZFTA' rules of origin.

Passenger motor vehicles (PMV)

Early tariff elimination will be achieved in the Philippines, and on medium to large vehicles in Malaysia. Outcomes are more modest for other vehicles and markets.

• Indonesia:
  • Tariff elimination achieved by 2014 for PMV with spark ignition engines in the 3000-4000cc range.
  • Tariff elimination achieved by 2019 for PMV with smaller spark ignition engines.
  • Tariff only reduced to 50% from 2025 for other PMV.
• Malaysia:
  • Tariff elimination achieved by 2013 for PMVs with engines exceeding 2500cc.
  • Tariffs phase to 5% by 2017 for other PMV.
• Philippines: Tariff elimination achieved in 2010 for PMV with engines exceeding 3000cc, and in 2012 for all other PMV.
• Vietnam: Tariff reduced to 50% in 2022 for most PMV.

Other processed or manufactured goods

• The elimination of a 5% tariff on entry-into-force on $12.5 million of exports of edible preparations of animal or plant oils to Indonesia (1517.90).
• The elimination on entry-into-force of a 5% tariff on $1.2 million of exports of machinery for sorting, screening, separating or washing earth, stone, ores or other mineral substances to Indonesia (8474.10).
• The reduction of a 15% tariff to 7% from 1 January 2010 and its elimination in 2012 on exports of $4.9 million of chocolate to Malaysia (1806.31, 1806.32, 1806.90)
• The elimination from 1 January 2010 of a 5% tariff on $3.1 million of exports of miscellaneous household tools in Malaysia (8205.51).
• The reduction and elimination in 2011 and 2012 of 10% and 20% tariffs on $1.4 million of exports of other centrifugal pumps for liquids to Malaysia (8413.70).
• The reduction of a 10% tariff to 5% from 1 January 2010, and its elimination in 2011, on $1.1 million of exports of parts for boring or sinking machinery to Malaysia (8431.43).
• The elimination from 1 January 2010 of a 1% tariff on $1.6 million of exports of parts for industrial or laboratory electric furnaces and ovens to the Philippines (8514.90).
• The elimination from 1 January 2010 of a 3% tariff on $1.3 million of exports of parts of aeroplanes or helicopters to the Philippines (8803.30).
• The binding of 0% tariffs from 1 January 2010 on exports of $16.3 million of ferrous waste and scrap to Vietnam (7204).

2. Trade in services opportunities for Victoria

Victoria' services exporters are in a strong position to access the growing services markets in ASEAN. Victoria' services exports to the world, which were worth $12.9 billion in 2009, account for 42 per cent of the State' total exports.

• The largest sector is education-related travel exports (accounting for $5.8 billion or 45% of services exports).
• Statistics are not available on the percentage of these exports that go to ASEAN. However, ASEAN accounts for 15% of Australia' services exports.

Under AANZFTA, ASEAN countries have made substantial, commercially meaningful improvements on existing WTO commitments in a range of services sectors – including banking, insurance, construction, mining and energy-related services, telecommunications, education and professional services – where Victorian providers have strong capabilities. For example:

• In banking services, the Philippines and Indonesia have committed to foreign equity of 55 and 51 per cent respectively for acquisition of an existing domestic bank.
• In insurance services, Indonesia has committed to allowing foreign equity participation of 80 per cent for Australian service suppliers.
• In construction services, Indonesia and Malaysia have committed to allowing joint ventures with aggregate foreign equity of 55 and 49 per cent respectively. Brunei Darussalam has committed to allow foreign equity in construction firms of 50 per cent.
• In mining and energy related services, the Philippines has made commitments that allow up to 100 per cent foreign equity for construction of large scale mining development projects covered by a financial and technical assistance agreement under the Philippine Mining Act.
• The Philippines also made commitments that allow up to 100 per cent foreign equity, subject to the President' approval, for oil and gas exploration and development and 40 per cent foreign equity for geothermal exploration and development; coal exploration and development; pipeline transport; and services related to energy distribution or power generation (up to 100 per cent foreign equity is allowed for construction of power plants under the andldquo;build-operate-transferandrdquo; scheme).
• Vietnam has committed to reduce the experience requirement for Australian teachers in higher, secondary and other education services (including foreign language training) from five to three years and to expand from 5 to 36 the (WTO-committed) fields of study that can be delivered by foreign providers.
• Malaysia has committed to allow joint ventures in higher education with foreign equity up to 51 per cent, subject to relevance of courses to Malaysia' education objectives. It has also committed to allow temporary entry and stay of lecturers and experts and professionals (subject to numerical caps) and contractual service suppliers in the education sector for periods of stay of up to 10 years.
• Australian telecommunications providers will benefit from disciplines that aim to ensure a level playing field with major domestic suppliers in ASEAN countries, which may own or control essential network facilities. For example, Parties will be required to prevent anti-competitive conduct and ensure that major suppliers provide interconnection, leased circuit services and co-location of equipment on reasonable, non-discriminatory terms and conditions.
• The Philippines has bound arrangements under which Australian accountants, landscape architects and civil, mechanical metallurgical and sanitary engineers can practice under temporary permits from its Professional Regulation Commission.
• Indonesia has committed to permit foreign lawyers to work or take part in Indonesian law firms (up to 5 foreign lawyers per firm with an upper limit of 20 per cent) as employees or experts in international law.
• Vietnam has bound arrangements under which foreign law firms can employ Vietnamese lawyers and foreign lawyers can practice in Vietnamese law firms to advise on foreign/international law.

A built-in review provision will ensure that further improvements can be negotiated over time, as the ASEAN countries progressively liberalise their services sectors.