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New Zealand – Malaysia Free Trade Agreement Schedules of Investment Commitments
Treaty Type:
Bilateral/Plurilateral
Common Name:
The New Zealand – Malaysia Free Trade Agreement
Responsible Department:
Foreign Affairs and Trade
Administering Department:
Foreign Affairs and Trade
Treaty Summary:
The New Zealand – Malaysia Free Trade Agreement was concluded and signed on 26 October 2009. The agreement has an investment chapter that includes a provision on ‘National Treatment’ in which Malaysia and New Zealand agree to undertake to treat investors of the other country the same as their own investors. The investment chapter also accords Most Favoured Nation (MFN) status to Malaysian and New Zealand investors. The investment chapter includes a forward work programme that commits New Zealand and Malaysia to negotiate schedules of non-conforming measures, whereby a non-conforming measure is defined as any law, regulation, procedure, requirement and practices that violate articles of the investment agreement. Until schedules of non-conforming measures come into force National Treatment and MFN shall not apply.
NZ Adherence Status:
In Progress
Negotiation Status:
Suspended by agreement of both Parties. Preliminary discussions in regards to non-conforming measures between Malaysia and New Zealand took place in October 2010 but were deferred in 2013 and again following the 2016 General Review of the FTA, pending Malaysia’s ratification of CPTPP.
Organisation:
Is Signed By NZ:
No
Signature Date:
Ratified or Signed:
No
Requires Ratification:
No
NZ Territorial Applications:
None
Information about required Legislation:
Impacts on Maori:
Further negotiations on investment commitments are unlikely to have a significant impact on Māori interests. However, this FTA does contain a Treaty of Waitangi exception clause that enables the New Zealand government to adopt policies to fulfil its obligations to Māori under the Treaty of Waitangi without being subject to the FTA’s dispute settlement provisions.
Impacts on Stakeholders:
Investment Commitments will provide the New Zealand investment sector greater certainty on investment interests in Malaysia.
Link To Legislation:
Treaty Text Link:
Contact Information:
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