ASEAN China Free Trade Agreement Agreement on Trade in Services Schedule of Specific ...

487 Pages·2011·5.35 MB·English

by  Nurul Imlati

ASEAN China Free Trade Agreement
Agreement on Trade in Services

Schedule of Specific Commitments
(For the 2nd Package of Commitments)

This document was downloaded from ASEAN Briefing (www.aseanbriefing.com) and was compiled by
the tax experts at Dezan Shira & Associates (www.dezshira.com).
Dezan Shira & Associates is a specialist foreign direct investment practice, providing corporate
establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and
financial review services to multinationals investing in emerging Asia.
ANNEX

SCHEDULE OF SPECIFIC COMMITMENTS
ANNEX

SCHEDULE OF SPECIFIC COMMITMENTS

Headnote to the Annex

1. The Second Package of Services commitments constitute a consolidated package of commitments together with
the First Package and WTO commitments as decided by the Twenty-Fourth Meeting of the ASEAN-China Trade
Negotiating Committee – Working Group on Services (24th ACTNC-WGS) held on 29-30 July 2008, in Hangzhou,
China.

2. This Annex to the “Protocol to Implement the Second Package of Specific Commitments under the Agreement on
Trade in Services of the Framework Agreement on Comprehensive Economic Co-operation between the
Association of Southeast Asian Nations and the People’s Republic of China” supersedes Annex 1 of the
“Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Co-operation
between the Association of Southeast Asian Nations and the People’s Republic of China”.
ASEAN-CHINA AGREEMENT ON TRADE IN SERVICES ANNEX 1/SC2

BRUNEI DARUSSALAM
Schedule of Specific Commitments

AC-TIS/SC2/BRU
BRUNEI DARUSSALAM - SCHEDULE OF SPECIFIC COMMITMENTS
For the 2nd Package of Commitments under ASEAN - China FTA Trade in Services

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Limitation on Limitation on Additional
Sector or Subsector
Market Access National Treatment Commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED IN THIS (3) Unbound for measures concerning (3) Unbound except with respect to
SCHEDULE foreign equity or interest in existing commercial presence: half
companies established or wishing of the board members of a public
to establish a commercial presence company and half the directors of a
private company must be nationals
or residents of Brunei Darussalam.
All companies incorporated outside
Brunei Darussalam which establish
or have established a place of
business in Brunei Darussalam must
have one or more locally resident
agents to accept service of process
and any service of process or any
notices required to be served on the
company.

(4) Unbound except for measures (4) Unbound except for measures
concerning the entry and temporary concerning the categories of natural
presence of intra- corporate persons referred to in the market
transferees at the level of access column.
managers, executives and
specialists. Intra-corporate
transferees refers to managers,
executives and specialists, as
defined below, who are employees
of firms that provides services
within Brunei Darussalam through a
branch, subsidiary, or affiliate
established in Brunei Darussalam
and who have been in the prior
employ of their firms outside Brunei
Darussalam for a period of not less
than one year immediately
preceding the date of their
2 AC-TIS/SC2/BRU
BRUNEI DARUSSALAM - SCHEDULE OF SPECIFIC COMMITMENTS
For the 2nd Package of Commitments under ASEAN - China FTA Trade in Services

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Limitation on Limitation on Additional
Sector or Subsector
Market Access National Treatment Commitments
application for admission and who
are one of the following:
(a) Managers - persons within an
organisation who primarily direct
the organisation, or a
department or sub-division of
the organisation, supervise and
control the work of other
supervisory, professional or
managerial employees, have the
authority to hire and fire or
commend hiring, firing or other
personnel actions (such as
promotion or leave
authorisation), and exercise
discretionary authority over day-
to-day operations. Does not
include first-line supervisors,
unless the employees
supervised are professionals,
nor does it include employees
who primarily perform tasks
necessary for the provision of
the service.
(b) Executives - persons within the
organisation who primarily direct
the management of the
organisation, exercise wide
latitude in decision-making and
receive only general supervision
or direction from higher-level
executives, the board of
directors, or stockholders of the
business. Executives would not
directly perform tasks related to
3 AC-TIS/SC2/BRU
BRUNEI DARUSSALAM - SCHEDULE OF SPECIFIC COMMITMENTS
For the 2nd Package of Commitments under ASEAN - China FTA Trade in Services

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Limitation on Limitation on Additional
Sector or Subsector
Market Access National Treatment Commitments
the actual provision of the
service or services of the
organisation.
(c) Specialists - persons within an
organisation who possess
knowledge at an advanced level
of expertise and who possess
proprietary knowledge of the
organisation's service, research
equipment, techniques, or
management. (Specialists may
include, but are not limited to,
members of licensed
professions). Entry for these
intra-corporate transferees is
limited to a three year period
that may be extended for up to
two additional years for a total
term not to exceed five years.
4 AC-TIS/SC2/BRU
BRUNEI DARUSSALAM - SCHEDULE OF SPECIFIC COMMITMENTS
For the 2nd Package of Commitments under ASEAN - China FTA Trade in Services

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Limitation on Limitation on Additional
Sector or Subsector
Market Access National Treatment Commitments

II. SECTOR SPECIFIC COMMITMENTS
1. BUSINESS SERVICES (1) Foreign-based auditors are allowed (1) In order to apply to be an authorised
to audit local accounts provided auditor, a person must have as
A. Professional Services they are authorised by the Ministry minimum qualifications:
of Finance. A. For accounts kept in English
b) Auditing services 1. Associate membership of one of
(CPC 862) the following
bodies:
(a) The institute of Chartered
Accountants (of Australia,
Canada, England and Wales,
Ireland, New Zealand and
Scotland).
(b) The Association of Certified
Accountants.
(c) The Australian Society of
Accountants
(d) The New Zealand Society of
Accountants
B. For accounts kept in language
other than English:
(a) Associate membership of one
of the bodies set
out in A(a) above; and
(b) Evidence of competency in
the language
concerned.
- In order to practice as an
authorised auditor, he must have
at least 5 years auditing
experiences.
-
5 AC-TIS/SC2/BRU
BRUNEI DARUSSALAM - SCHEDULE OF SPECIFIC COMMITMENTS
For the 2nd Package of Commitments under ASEAN - China FTA Trade in Services

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Limitation on Limitation on Additional
Sector or Subsector
Market Access National Treatment Commitments

(2) Foreign-based auditors are allowed (2) In order to apply to be an authorised
to audit auditor, a
local accounts provided they person must have as minimum
are authorised by qualifications.
the Ministry of Finance A. For accounts kept in English:
1. Associate membership of one of
the following
bodies:
(a) The institute of Chartered
Accountants (of
Australia, Canada, England and
Wales, Ireland,
New Zealand and Scotland).
(b) The Association of Certified
Accountants.
(c) The Australian Society of
Accountants
(d) The New Zealand Society of
Accountants

B. For accounts kept in languages
other than
English.
(a) Associate membership of one of
the bodies set
out in A(a) above; and
(b) Evidence of competency in the
language
concerned.
- In order to practice as an
authorised auditor, he
must have at least 5 years
auditing experiences.

6 AC-TIS/SC2/BRU
BRUNEI DARUSSALAM - SCHEDULE OF SPECIFIC COMMITMENTS
For the 2nd Package of Commitments under ASEAN - China FTA Trade in Services

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Limitation on Limitation on Additional
Sector or Subsector
Market Access National Treatment Commitments

(3) Audit firm may be set up only as a (3) Must prove commitment to recruit
sole proprietorship or partnership and develop more local human
but has to be registered with the resources.
Registrar of Business Names.
- Maximum number of partners in
an audit firms is twenty.
- A partnership may consist of only
individuals, local companies
and/or branches of foreign
companies.
- Principal or only place of
residence within Brunei
Darussalam.

(4) Unbound except as indicated under (4) Unbound except as indicated under
horizontal measures. horizontal measures

(d) Architectural Services (CPC 8671) (1) None, other than plans should be (1) None
submitted through licensed
practising architects and a
registered partnership

(2) None (2) None

(3) i) The corporation must be (3) Unbound
registered as a company or a
firm in accordance with
Companies Act or Business
Name Act respectively.
ii) Foreign equity participation shall
not exceed 45%.

iii) Companies or firm must be
registered with the Ministry of
7 AC-TIS/SC2/BRU