A Snapshot on A A Sn ACI CIA: A Mechan anis ism t to Acco - - PowerPoint PPT Presentation

a snapshot on a a sn aci cia a mechan anis ism t to acco
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A Snapshot on A A Sn ACI CIA: A Mechan anis ism t to Acco - - PowerPoint PPT Presentation

A Snapshot on A A Sn ACI CIA: A Mechan anis ism t to Acco commodat ate AEC EC 201 015 Presented by SAR Senera (LL.M., LL.D.,) Deputy Director, Legal Affairs & Investment Law Department Council for the Development of Cambodia/CIB


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Presented by SAR Senera (LL.M., LL.D.,) Deputy Director, Legal Affairs & Investment Law Department Council for the Development of Cambodia/CIB

A Sn A Snapshot on A ACI CIA: A Mechan anis ism t to Acco commodat ate AEC EC 201 015

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AEC Blueprints: 4 Pillars

Single Market & Production Base A Highly Competitive Economic Region A Region of Equitable Economic Development A Region Fully Integrated into the Global Economy

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Objectives:

Free flow of goods Free flow of services Free flow of investment Free flow of natural person

Objectives

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  • ACIA:ASEAN Comprehensive Investment Agreement
  • Signed at the 14th ASEAN Summit in Cha-am,Thailand (26 May 2009)
  • Enforced: 29 March 2012
  • Objective
  • to enhance the flow of cross-border investment
  • to promote the freer flow of capital by making ASEAN a more

competitive economy and attractive destination for FDIs

How ACIA Would Help Realize AEC Objective in 2015 ?

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  • Structure: 49 Articles, 2 Annexes, 1 Reservation List
  • Application:
  • Investments, in its territory, of investors of any other ASEAN Member

State;

  • Investors of any otherASEAN Member State;
  • Investments existing as of 29 March 2012 or Investments made after 29

March 2012

Structure and Scope

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Four Pillars of ACIA

ACIA

Facilitation Protection Promotion Liberalization

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Who Will Benefit from ACIA?

Judicial Persons in AMS

  • National
  • Citizens
  • PR

Judicial Persons in AMS BUT controlled by 3rd Country Nationals

ASEAN Investor

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 Investment Liberalization  Non-Discrimination Transparency  Protection for Investors  Mechanism for Investor-State Dispute Settlement

What are the Benefits?

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 Manufacturing Agriculture  Fishery  Forestry  Mining and Quarrying  Services incidental to above sectors

Lib Liberaliz izatio ion ? n ?

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 National Treatment (NT)  Most-Favoured Nation Treatment (MFN)  Senior Management and Board of Directors  No Performance Requirement

Non-Discrimination

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 Fair and Equitable Treatment  Full Protection and Security  No Unlawful Expropriation (direct/indirect)  Free Transfer of Funds

Protection for ASEAN Investors

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 Alternative Dispute Resolution  Domestic Remedies (Courts, ect.)  Arbitration (ICSID, UNCITRAL, other)

ISDS

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THANK YOU FOR YOUR ATTENTION!