Measures to improve business flows

The ASEAN FTA contains a range of mechanisms that are all designed to reduce barriers to doing business in the ASEAN region, as well as to improve dialogue and cooperation between New Zealand and the ASEAN member countries.

Customs procedures

The ASEAN FTA will help to improve logistical performance and permit trade between New Zealand and the other Parties to take place in a far more timely manner and at lower cost than before.

The provisions on customs procedures are intended to improve predictability, consistency and transparency in the application of customs laws and administrative procedures so as to ensure more efficient administration, as well as faster clearance of goods in order to facilitate trade.

The cooperation dimension, which sits alongside the various trade facilitation initiatives contained in the provisions relating to customs procedures, is another important feature of ASEAN FTA.

Each Party may, as deemed appropriate and to the extent permitted by its domestic law, assist the customs administrations of each other Party in relation to a wide range of activities, including simplifying and harmonising customs procedures and providing, where possible, capacity-building assistance and prior notice of changes to relevant laws, regulations, procedures and guidelines. This will give New Zealand the opportunity to consult other Parties on significant issues such as valuation of imports for duty-liability purposes. It will also help to pre-empt customs‑related problems (and limit their likely incidence) as well as offering the opportunity to resolve any difficulties efficiently and effectively.

Businesses experiencing any problems (or having issues to raise) in the area of customs procedures should contact the New Zealand Customs Services for assistance and further information. Contact details are available at the end of this Guide.

Sanitary and phytosanitary measures

Sanitary and phytosanitary (SPS) measures are used to protect human, animal or plant life or health by preventing the introduction of pests and disease, and to help ensure food is safe for consumption.

The ASEAN FTA establishes a range of mechanisms - such as regular meetings and working groups on specific issues - for regulators, other officials and technical experts to work together more effectively to address barriers to trade in the SPS area.

The overall objective is to better facilitate trade in goods by ensuring that SPS measures are no more restrictive than necessary, and to provide a means to improve transparency, communication and consultation on SPS issues.

Decisions on matters affecting New Zealand biosecurity and food safety will continue to be made and enforced strictly in accordance with our existing regulatory regime, and international obligations.

Businesses experiencing any SPS related problems when exporting to ASEAN member countries should contact the Ministry of Agriculture and Forestry. Contact details are available at the end of this Guide.

Technical barriers to trade

The costs of complying with standards, regulations and conformity assessment procedures can sometimes constitute significant barriers to trade in goods.

Without formal arrangements or mechanisms, it is difficult to engage with other countries at the technical/regulatory level in a way that will produce tangible solutions to the adverse impacts that these technical barriers to trade can have on trade flows.

The ASEAN FTA establishes a platform for enhanced regulatory co-operation to better facilitate trade and reduce associated transaction costs for trade in goods between the Parties. The mechanisms include exchange of information, cooperation, regular meetings and working groups on specific issues for regulators, other officials and technical experts.

In addition, there are provisions for greater transparency and information sharing which are designed to facilitate trade, reduce transaction costs for people doing business between the Parties and strengthen risk management systems.

Businesses facing difficulties in the area of standards, regulations and conformity assessment procedures when exporting to ASEAN member countries should contact the Ministry of Economic Development. Contact details are available at the end of this Guide.

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Electronic commerce

Electronic commerce plays an important and growing role in trade and investment activities, including by way of the internet delivery of services, online purchasing, online monitoring, and electronic documentation.

Given their relative stages of economic development, however, some ASEAN member countries do not have the necessary legal frameworks for electronic commerce. Accordingly, the ASEAN FTA takes a cooperative approach to this issue. Over the medium term, this will help improve transparency (through information sharing requirements), reduce transaction costs (through promotion of paperless trading) and promote greater certainty and predictability (through personal data protection).

Businesses facing difficulties in the area of electronic commerce when doing business in ASEAN member countries should contact the Ministry of Economic Development and make them aware of such problems. Contact details are available at the end of this Guide.

Intellectual property

Intellectual property (IP) covers rights and obligations in areas such as copyright, trademarks and patents.

New Zealand's exports currently face - to varying degrees - uncertain IP protection and enforcement in the ASEAN region. The ASEAN FTA provides a platform for enhanced cooperation and capacity building in the IP arena. Its aim is to develop an environment that allows for effective protection and enforcement of IP rights in the ASEAN region. This will provide greater certainty for New Zealand businesses over the adequate provision and enforcement of intellectual property rights and will facilitate trade and investment flows.

The ASEAN FTA includes commitments around the protection and enforcement of copyright, government use of legitimate software, and the protection of trade marks and geographical indications. It promotes cooperation in supporting accession to international IP-related treaties and introduces measures that facilitate dialogue and cooperation between the Parties on IP matters. It also includes commitments relating to greater transparency in the Parties' domestic regimes.

The IP provisions in the ASEAN FTA are, of course, additional to the rights and obligations that New Zealand already has with most of the ASEAN member countries under existing WTO rules, most notably the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

Businesses which experience difficulties in the IP area when exporting to ASEAN member countries should contact the Ministry of Economic Development for further information and assistance. Contact details are available at the end of this Guide.

Competition

Competition provisions are important components of a trade and economic relationship under a high quality FTA as they can help to ensure that the benefits of an agreement are not undermined by anti-competitive practices.

However, some ASEAN countries do not have competition laws in place. Accordingly, the ASEAN FTA includes cooperation commitments in the area of competition which offer the prospect of facilitating over time the development of regulatory frameworks in competition policy through cooperation and capacity building. In the medium to long term, our direct engagement in this process is expected to improve trading conditions for New Zealand business.

Businesses facing problems in the competition policy area when exporting to ASEAN member countries should contact the Ministry of Economic Development for further information and assistance. Contact details are available at the end of this Guide.

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