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(b) does not impose unreasonable or discriminatory conditions or limitations on the resale of such services. 5.4 Each Party may determine in accordance with its laws and regulations which public telecommunications services must be offered for resale by major suppliers in accordance with paragraph 5.3, based on the need to promote competition or such other factors as the Party considers relevant. 5.5 Each Party shall provide its telecommunications regulatory body the authority to require a major supplier in its territory to offer access to network elements on an unbundled basis on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent for the supply of public telecommunications services. 5.6 (a) General Terms and Conditions for Interconnection: Each Party shall ensure that a major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications services of the other Party: (i) at any technically specified feasible point in the major supplier’s network or in the case of points not specified by the telecommunications regulatory body, as per mutual agreement between service suppliers; (ii) under non-discriminatory terms, conditions, and rates4; (iii) of a quality no less favourable than that provided by the major supplier for its own like services, for like services of nonaffiliated service suppliers, or for its subsidiaries or other affiliates; (iv) in a timely5 fashion, and on terms and conditions, and at costoriented rates, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers need not pay for network components or facilities that they do not require for the service to be provided; and (v) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities. 4 The Parties understand that interconnection rates are commercially negotiated between suppliers of public telecommunications transport networks or services. 5 The Parties understand that timeliness may vary from case to case, depending upon the complexity of each interconnection negotiation, which may be affected by a range of factors. However, interconnection may not be delayed without justifiable reason.
(b) Options for Interconnecting with Major Suppliers: Each Party shall ensure that suppliers of public telecommunications services of the other Party may interconnect their facilities and equipment with those of a major supplier in its territory: (i) pursuant to: (AA) a reference interconnection offer or other standard interconnection offer containing the terms and conditions that the major supplier offers generally to suppliers of public telecommunications services; or (BB) the terms and conditions of an interconnection agreement in effect; and (ii) through negotiation of a new interconnection agreement. (c) Public Availability of Interconnection Offers and Agreements: (i) Each Party shall require a major supplier in its territory to make publicly available any reference interconnection offer or other standard interconnection offer that the major supplier offers generally to suppliers of public telecommunications services. (ii) Each Party shall make publicly available or ensure that the applicable procedures for interconnection negotiations with a major supplier in its territory are made publicly available. (iii) Each Party shall require a major supplier in its territory to file all interconnection agreements to which it is party with its telecommunications regulatory body. 5.7 (a) Each Party shall ensure that a major supplier in its territory provides service suppliers of the other Party leased circuits services on terms and conditions, and at rates, that are reasonable and nondiscriminatory. (b) In carrying out subparagraph (a), each Party shall provide its telecommunications regulatory body the authority to require a major supplier in its territory to offer leased circuits services to service suppliers of the other Party at capacity-based, cost-oriented rates. 5.8 (a) Subject to subparagraphs (b) and (c), each Party shall ensure that a major supplier in its territory provides to suppliers of public telecommunications services of the other Party physical co-location of equipment necessary for interconnection on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent.
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COMPREHENSIVE ECONOMIC COOPERATION
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List of Annexes Annex 2-1 Schedules
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CHAPTER 1 INITIAL PROVISIONS AND GE
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(CC) any area extending beyond the
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Article 2.7 Administrative Fees and
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For the purposes of this Chapter: C
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(g) goods of sea-fishing and other
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(b) for goods falling within Chapte
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(iii) the goods have not undergone
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CHAPTER 4 CUSTOMS COOPERATION Artic
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(b) provide for advance electronic
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(a) whether goods imported into the
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For the purposes of this Section: C
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9. On the termination of a bilatera
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5. A Party proposing to apply or ex
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Section C General Provisions Articl
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2. Notwithstanding paragraph 1, the
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areas are, and are likely to remain
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(b) in the event that the checks re
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Article 6.16 Exchange of Informatio
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(a) technical specifications prepar
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2. The Parties shall cooperate with
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3. The Parties shall seek to ensure
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the other Party, a Party may consul
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technical consultations within thir
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5. New services shall be considered
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(i) is a citizen of that other Part
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numerical units in the form of quot
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Article 8.8 Review The Parties shal
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or arrangement, or to negotiate a c
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consultations with that Party on su
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CHAPTER 9 MOVEMENT OF NATURAL PERSO
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(ii) a goods seller, being a natura
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(ii) is employed by a juridical per
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4. Each Party shall maintain or ins
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(b) enterprise of a Party means any
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Article 10.5 Minimum Standard of Tr
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(f) payments arising out of the set
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Article 10.12 Reservations 1. Artic
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Treatment), Article 10.6 (Compensat
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opportunity to present their views
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Parties otherwise agree. These disc
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(e) Tourism; (f) Small and Medium E
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CHAPTER 12 GENERAL EXCEPTIONS Artic
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of restrictions to ensure, inter al
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(b) such persons are afforded a rea
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CHAPTER 14 DISPUTE SETTLEMENT Artic
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2. If the Parties agree, good offic
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Article 14.10 Proceedings of Arbitr
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Article 14.13 Time Frame All time f
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(b) the complaining Party may suspe
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(f) consult third parties on any ma
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(f) develop conditions and provisio
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2. Each Party shall provide to the
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Article 16.6 Confidentiality Where
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Annex 2-1 Schedules of Tariff Commi
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(i) Category 1: reduction of applie
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3. For tariff lines subject to spec
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Schedule of Tariff Commitments Mala
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“RVC(XX)” means that the good m
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Column 1 Column 2 Column 3 Column 4
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(CC) factory security (DD) insuranc
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(c) the other statements of the CO
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(b) For multiple goods declared und
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(v) the Issuing Authority receiving
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(ii) the exporter has sold the good
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OVERLEAF NOTES Original /Duplicate
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Annex 6-1 (List of Products for Req
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Annex 7-2 Mutual Recognition Agreem
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Modes of supply: 1) Cross-border su
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- the capability of implementing in
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Annex 8-1 Schedule of Malaysia Expl
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Page 171 and 172: Modes of supply: 1) Cross-border su
Page 217 and 218: (d) cost-oriented rates means based
Page 219 and 220: 3. Access to and Use of Public Tele
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Page 225 and 226: links and submarine cable capacity
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Page 229 and 230: Business Visitors ANNEX 9-1 (a) Mal
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