First Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area

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Treaty Code:

B2014-17

Treaty Type:

Bilateral/Plurilateral

Common Name:

AANZFTA First Protocol

Responsible Department:

Foreign Affairs and Trade

Administering Department:

Foreign Affairs and Trade

Treaty Status:

In Force

Treaty Summary:

Member countries have agreed on a Protocol that will amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA).

The Protocol was signed on behalf of New Zealand by the Minister of Trade along with other AANZFTA Parties on 26 August 2014 at the 19th ASEAN Economic Ministers – Closer Economic Relations (Australia and New Zealand) Consultations in Nay Pyi Taw, Myanmar.

The changes contained in the Protocol are designed to make AANZFTA more business-friendly, transparent and improve administrative efficiency.

The Protocol does not change any of the preferences under the Agreement but introduces new procedures to ensure that administrative revisions are expedited in an efficient manner, removes some unnecessary information requirements and streamlines the presentation of the product specific rules of origin to make the Agreement more user-friendly for business.

AANZFTA was signed in 2009 and entered into force for New Zealand in 2010. Early in the implementation of AANZFTA, a number of inefficiencies were identified by the AANZFTA Parties, including traders.

The Protocol addresses these issues, which include:

  • the unnecessary disclosure of potentially sensitive commercial information on Certificates of Origin where that information had no relevance to the claim for preference;
  • the difficulty locating the appropriate rule of origin to determine whether a good is eligible for preferential duty rates;
  • the inability to modify the requirements for information on a Certificate of Origin as needed, without going through a full treaty change process; and
  • challenges faced by some parties to complete tariff and Product Specific Rules of Origin (PSR) transposition.

The Protocol makes four core amendments:

  1. Removal of the requirement for exporters to include the Free on Board (FOB) value of goods  on Certificates of Origin when not using a value based rule to claim preference;
  2. Removal of the ‘general rule’ for rules of origin in favour of a consolidation of PSRs for all products in a comprehensive Annex;
  3. Removal of the List of Data Requirements (Certificate of Origin content) from the treaty text, so that the list is easier to amend; and
  4. Establishment of procedures to be followed to expedite future transpositions of the tariff and Product Specific Rules (PSRs) schedules following changes World Customs Organization Harmonised System (HS) tariff classification.

The Protocol will not enter into force until New Zealand, Australia, and four (4) ASEAN Member States have deposited their instrument of ratification with the depository. New Zealand ratified the protocol on 28 May 2015.

NZ Adherence Status:

In Force

Adherence Type:

Third person note

Signature Date:

26/08/2014

Adherence Date:

28/05/2015

Expired:

No

Date Concluded:

26/08/2014

Place Concluded:

Nay Pyi Taw, Myanmar

Entry Into Force Date:

01/10/2015

NZ Entry Into Force Date:

01/10/2015

Termination Date:

Withdrawal Date:

Withdrawal Notification Date:

NZ Objections:

No

NZ Reservations:

No

NZ Declarations:

No

NZ Territorial Applications:

None

NZTS Number:

UNTS Number:

Associated Treaties:

Other References:

Parties:

Australia

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Brunei

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Cambodia

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Indonesia

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

Laos

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Malaysia

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Myanmar

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Philippines

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Singapore

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Thailand

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

Viet Nam

Adherence Type:

Third person note

Adherence Date:

Signature Date:

26/08/2014

Entry Into Force:

01/10/2015

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