Background
  • Cooperation between ASEAN and China was elevated to a higher level with the signing of the Framework Agreement on Comprehensive Economic Cooperation by the ASEAN and China Heads of State / Government on 4 November 2002 in Phnom Penh, Cambodia.

  • The Framework Agreement which came into force on 1 July 2003 is an umbrella Agreement which provides general provision on the establishment of an ASEAN-China Free Trade Area (ACFTA) within 10 years by pursuing:

    • progressive elimination of tariffs and non-tariff barriers;
    • progressive liberalisation of trade in services and investment;
    • strengthen trade facilitation measures; and
    • economic co-operation in areas of common interest.
     
  • The following ACFTA Agreements has also being signed:

-

First Protocol to Amend the Framework Agreement
(6 October 2003)

:

Provide implementation on Early Harvest Programme (EHP), an early tariff reduction undertaken on unprocessed agricultural products and selected manufactured goods.

Also provide the Rules of Origin, a product requirement in order to enjoy the tariff reduction.

-

Second Protocol to Amend the Framework Agreement
(8 December 2006)

:

To incorporate products offered by few ASEAN Countries into the EHP, which was not finalised earlier.

-

Trade in Goods Agreement
(29 November 2004)

:

Provide implementation and tariff reduction commitment on all other products (other than EHP) beginning 1 July 2005.

-

First Protocol to Amend the Trade in Goods Agreement
(8 December 2006)

:

Provide improvement to the implementation procedures of the Trade in Goods Agreement. Include Product Specific Rules to enable products to easily comply with the Rules of Origin in order to enjoy tariff reduction.

-

Dispute Settlement Agreement
(29 November 2004)

:

Provide mechanism for both parties in resolving any dispute arising from the implementation of the ACFTA Agreements.

-

Trade In Services Agreement
(14 January 2007)

:

Provide implementation and First Package of Services Liberalisation by ASEAN and China.

-

Trade in Investment
(15 August 2009)

:

Provide for promotion of investment flows and to create liberal, facilitative, transparent and competitive investment regime in ASEAN and China.

-

Second Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Economic Co-operation between the Association of Southeast Asian Nations and the People's Republic of China 29 October 2010

:

Provide for Improvements in the Operational Certification Procedures (OCP) that are more trade facilitative.


Early Harvest Programme (EHP)

  • Tariffs have been reduced from 1 January 2004 by the six original ASEAN member countries (ASEAN-6) and China. Duties were eliminated on 1 January 2006.

  • Malaysia 's products under the EHP:

    • 503 unprocessed agriculture products; and
    • 87 specific manufactured products such as coffee, animal and vegetable fats/oils, cocoa and cocoa preparations, mineral fuels (coal/coke), soap, stearic acid, article of rubber and glass envelope for Cathode-Ray Tube (CRT).

 

Trade in Goods

Normal Track

  • Tariff liberalisation on all other products (other than EHP) has been implemented beginning 1 July 2005 and to be conducted in four tranches i.e. 2005, 2007, 2009 and 2010.

  • ASEAN-6 and China is required to reduce tariffs to 0-5% on 40% of their products by 2005 and 60% of their products by 2007.

  • Extended timeframe for tariff elimination of up to 2012 will be given for not more than 150 tariff lines. Malaysia 's 150 tariff lines include:

    • polyethylene, polypropylene and polystyrene;
    • rubber tyres and tubes;
    • textiles and fabrics;
    • footwear;
    • ceramic products;
    • articles of iron and steel; and
    • electrical products.

Sensitive Track

  • Products in the Sensitive Track are divided into Sensitive List (SL) and Highly Sensitive List (HSL).

  • Duties for Sensitive List will be reduced to 20% by 2012 and to 0-5% by 2018.

  • Duties for Highly Sensitive List will be reduced to 50% by 2015. No further tariff cut commitments.

  • Malaysia has 701 products in the Sensitive Track, of which 416 are in the SL and 285 in the HSL. Products in the Sensitive Track include:

    • unprocessed agriculture products
    • tobacco products;
    • plywood;
    • ceramics and glass;
    • iron and steel; and
    • automotive products.

Rules of Origin (ROO)

Continuous improvements are being undertaken on the ROO and Operational Certification Procedures (OCP) to simplify the rules and trading procedures under the ACFTA.

  • ASEAN and China signed the Second Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between ASEAN and China at the 17 th ASEAN Summit on 29 October 2010, Ha Noi, Viet Nam and 2 November 2010 in Kuala Lumpur, Malaysia.
  • This Protocol has enter into force on 1 January 2011 for Brunei, Malaysia, Singapore, Thailand, Viet Nam and China, 15 January 2011 for Lao PDR and at the latest by July 2011 for the other 4 ASEAN Member States (Cambodia, Indonesia, Myanmar and the Philippines).
  • Under the review, ASEAN and China have agreed on (4) four fundamental features in the new revised OCP to facilitate trade and assist the business communities in their business operation:

- “Movement Certificate” means an issuance of Certificate of Origin (CO) by an intermediate ACFTA parties, where the goods pass through, to undergo bulk break activities or repackaging of products;

- “Third Party Invoicing” means invoice issued by third non-ACFTA parties provided that the product meets the requirements of the ACFTA ROO and must be shipped out from either one of the ASEAN Member States or China;

- Longer validity period of 1 year from the earlier period of 4 months for the CO Form E upon presentation to the Customs authority of the importing Party; and

- Allows importing country to undertake verification visits.

  • ASEAN and China has also adopted Product Specific Rules (PSR) for the following products:

- textiles and apparel;

- plastic products;

- footwear products;

- iron and steel products;

- preserved fish canned products;

- palm oil and ice cream; and

- jewelry product.

  • With the adoption of PSR, ASEAN and Chinese exporters/ manufacturers now have the flexibility of choosing the most convenient rule in meeting the origin criteria of the products i.e., either 40% Regional Value Content (RVC) or PSR, in order to enjoy the ACFTA preferential rate.
  • In order for Malaysian exporters to enjoy the tariff concessions offered by China under the ACFTA, Certificates of Origin (Form E) must be obtained from MITI.

Trade in Services

  • ASEAN-China Services Agreement was signed on 14 January 2007. First package of liberalisation commitment was implemented on 1 July 2007.

  • The Agreement excludes services liberalisation pertaining to government procurement and government related services.

  • Negotiations on the second package of liberalisation commitment have been completed and a Protocol to Implement the Second Package of Specific Commitments under the Agreement on Trade in Services was signed at the 19th ASEAN Summit in Bali, Indonesia on 16 November 2011.

  • Malaysia's liberalisation commitments under the First Package include sectors such as:

    • architecture;
    • engineering;
    • telecommunications;
    • financial services;
    • education;
    • health; and
    • tourism.
  • China's offers under the First Package include sectors such as:
    • computer and related services;
    • management consulting services;
    • constructions;
    • environmental services;
    • recreational services; and
    • transport services.

Investment

  • The ASEAN-China Investment Agreement was signed on 15 August 2009 and has entered into force on 1 January 2010 for all ASEAN Member States and China.

Related information on (ACFTA), including lists of products offered for tariff concessions by both Malaysia and China click on ASEAN-China Free Trade Area (ACFTA).

Related forms in relation to export to China using the ACFTA arrangement can be downloaded by clicking on ACFTA Forms .

Trade under ACFTA Arrangement

Malaysia 's Exports to China

2004 : RM 514.1 million (only EHP)
2005 : RM 1,037.2 million
2006 : RM 3,824.5 million
2007 : RM 5,603.0 million
2008 : RM 6,332.6 million
2009 : RM 8,380.0 million

Malaysia 's Imports from China

2004 : No imports
2005 : RM 25.9 million
2006 : RM 158.1 million
2007 : RM 867.4 million
2008 : RM 1,601.4 million

Benefits

  • The establishment of an FTA between ASEAN and China will create an economic region with 1.7 billion consumers, regional GDP of about US$2 trillion and total trade estimated at US$1.23 trillion. It will be the biggest and largest FTA among developing countries.

  • With a population of 1.2 billion, market access opportunities through preferential trade for Malaysian products will increase.

  • The removal of trade barriers between ASEAN and China will lower costs, increase intra-regional trade and strengthen the attractiveness of Malaysia and the region as a preferred investment destination.

    • Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China.
    • List of products offered for tariff reduction beginning 20 July 2005.
    • List of products listed under the Sensitive Track
    • Product Specific Rules under the ASEAN-China Free Trade Area.
    • ASEAN Consultation to Solve Trade Investment Issues (ACT).
    • Framework Agreement on Comprehensive Economic Cooperation between ASEAN and People's Republic of China.
    • Protocol to Amend the Framework Agreement.
    • Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China.


 

Tariff Reduction Schedules for ACFTA

ASEAN-China Trade in Services Agreement

Framework Agreement on Comprehensive Economic Co-operation between ASEAN and the People's Republic of China

Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China

Protocol to Amend the Framework Agreement on Comprehensive Economic Co-Operation Between The Association of South East Asian Nations and The People’s Republic of China

Review on the Operational Certification Procedures (OCP) of ASEAN-China FTA

Tariff Reduction Schedules on Sensitive Track under ACFTA

Protocol to Implement the Second Package of Specific Commitments Under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation Between the Association of Southeast Asian Nations And the People Republic of China

Second Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China

Notice : Recognition Of New CO Form E

ASEAN-China Investment Agreement

Product Specific Rules under the ASEAN-China Free Trade Area