2e53f { "metadata": { "url": "https://www.commerce.gov.in/?p=9814", "title": "Framework Agreement with Thailand - Mcommerce", "meta_description": "", "meta_keywords": "commerce,antidumping,TRADE,Press release, MOC" }, "content": "Framework Agreement with Thailand - Mcommerce\nWelcome to Department of Commerce\nScreen reader access\nSkip to Main content\n+A\nA\n-A\nEnglish\nHindi\nEN\nHi\nGovernment of India\nMinistry of Commerce and Industry\nDEPARTMENT OF COMMERCE\nFactsheet on conclusion of India-EU Free Trade Agreement\nFact Sheet-India and New Zealand Conclude Free Trade Agreement\nIndia - UK Comprehensive Economic and Trade Agreement (CETA)\nAbout Us\nDepartment Of Commerce\nDepartment setup and function\nSubject Under Administrative Control\nAdvisory Board\nBilateral Chamber of Commerce\nOfficers handling Public / Staff grievances\nCitizen Charter\nAppellate Committee\nDivisions\nInternational Trade Policy Division\nTrade Policy Division\nRules, FTA Coordination, Regional and 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Agreements\nFAQs on FTAs\nJoint Statements and Minutes of the Meetings\nTBT and SPS Portals\nIndia Trade Portal of SAARC, ASEAN and top 25 Countries\nTrade Promotion Programmes and Schemes\n7th Trade Policy Review (TPR) of India\nFAQs on FTAs Engineering Sector\nEU GSP Scheme of Self Certification\nFramework Agreement with Thailand\nPreamble\nThe Governments of the Republic of India and the Kingdom of Thailand hereinafter referred to in this Agreement individually as “the Party” and collectively as “the Parties”;\nDesiring to strengthen the special bonds of friendship and economic relationship and also cooperation that exist between the Parties with a view to improving living standards, deepening economic linkages, promoting economic growth, investment opportunities, minimising barriers, and creating a larger and more integrated market with greater opportunities;\nDesiring to raise the capacity and international competitiveness of their goods and services as well as to promote their mutual interests through liberalization and expansion of trade and investment between them and with a view to eventually establishing a bilateral Free Trade Area;\nRecognizing the important role and contribution of the business sector in enhancing trade and investment between the Parties and the need to further promote and facilitate their cooperation and utilisation of greater business opportunities provided by a comprehensive free trade agreement between the Parties;\nRe-affirming the rights and obligations with respect to each other under existing bilateral, regional and multilateral agreements including the Marrakesh Agreement establishing the World Trade Organization;\nRecognizing the catalytic role that regional trading arrangements can play towards accelerating regional and global liberalization and as building blocks in the framework of the multilateral trading system;\nHave agreed as follows:\nARTICLE 1\nObjective\nThe Parties shall make every effort to:\ncreate favourable conditions for greater economic cooperation and promote fair competition;\nprogressively liberalize and eliminate barriers to trade in, and facilitate the cross-border movement of goods and services between the territories of the Parties on a reciprocal basis as well as create a transparent, liberal and facilitative investment regime; and\nexplore new areas and develop appropriate measures for closer economic cooperation between the Parties.\nARTICLE 2\nMeasures for Comprehensive Free Trade Area (FTA)\nThe Parties agree to expeditiously negotiate for establishing an India-Thailand FTA with a view to strengthening and enhancing liberalization of trade through the following:\nprogressive elimination of tariffs and non-tariff barriers in substantially all trade in goods between the Parties;\nprogressive liberalization of trade in services between the Parties with substantial sectoral coverage;\nestablishment of an open and competitive investment regime that facilitates and promotes investment within and between the Parties;\nestablishment of effective trade and investment facilitation measures, including, but not limited to, simplification of customs procedures and development of mutual recognition arrangements;\nexpansion of economic co-operation in areas as may be mutually agreed between the Parties that will complement the deepening of trade and investment links between the Parties and formulation of action plans and programmes in order to implement the agreed sectors/areas of cooperation; and\nestablishment of appropriate mechanisms for the purposes of effective implementation of this Agreement.\nARTICLE 3\nTrade in Goods\nWith a view to expediting the expansion of trade in goods, the Parties agree to enter into negotiations in which duties and other restrictive regulations of commerce except, where necessary, those permitted under Article XXIV (8)(b) of the WTO General Agreement on Tariffs and Trade (GATT) 1994, shall be eliminated on substantially all trade in goods between the Parties.\nThe tariff reduction or elimination program of the Parties shall require tariffs on listed products to be gradually reduced and where applicable, eliminated, in accordance with this Article.\nThe products which are subject to the tariff reduction or elimination program under this Article shall include all products not covered by the Early Harvest Scheme under Article 7 of this Agreement, and such products shall be categorised into two tracks, namely, the Normal Track and the Sensitive Track.\nThe commitments undertaken by the Parties under this Article and Article 7 of this Agreement shall fulfil the WTO requirements to eliminate tariffs on substantially all the trade between the Parties.\nThe tariff preferences to be mutually agreed between the Parties pursuant to this Article shall set out only the limits of the applicable tariff preferences for the specified year of implementation by the Parties and shall not prevent any Party from accelerating its tariff reduction or elimination if it so desires.\nThe negotiations between the Parties to establish the India-Thailand FTA covering trade in goods shall also include, but not be limited to the following:\nother detailed rules governing the tariff reduction or elimination programme for the Normal Track and the Sensitive Track as well as any other related matters, including principles governing reciprocal commitments, not provided for in the preceding paragraphs of this Article;\nRules of Origin (ROO);\nTreatment of out-of-quota rates;\nModification of a Party’s commitments under this Article on trade in goods based on GATT/WTO principles;\nNon-tariff barriers (NTBs) imposed on any products covered under this Article or Article 7 of this Agreement, including, but not limited to quantitative restrictions or prohibition on the importation of any product or on the export or sale for export of any product;\nSafeguards based on the GATT/WTO principles;\nDisciplines on subsidies and countervailing measures and anti-dumping measures based on the existing GATT disciplines;\nFacilitation and promotion of effective and adequate protection of trade-related aspects of intellectual property rights based on existing WTO Agreements, World Intellectual Property Organisation (WIPO) and other relevant disciplines; and\nDispute settlement mechanism.\nARTICLE 4\nTrade in Services\nWith a view to expediting the expansion of trade in services, the Parties agree to enter into negotiations to progressively liberalise trade in services with substantial sectoral coverage. Such negotiations shall be directed to:\nprogressive elimination of substantially all discrimination between the Parties, prohibition of new or more discriminatory measures, with respect to trade in services between the Parties except for measures permitted under Article V(1)(b) of the General Agreement on Trade in Services (GATS);\nexpansion in the depth and scope of liberalisation of trade in services; and\nenhanced co-operation in services between the Parties in order to improve efficiency and competitiveness.\nARTICLE 5\nInvestment\nTo promote investments and to create a liberal, facilitative, transparent and competitive investment regime, the Parties shall endeavour to:\nenter into negotiations in order to progressively liberalise their respective investment regimes;\nstrengthen co-operation in investment, facilitate investment and improve transparency of investment rules and regulations; and\nprovide for the protection of investments.\nWith regard to the promotion and protection of investments, the Parties shall keep in view the provisions of the Agreement for the Promotion and Protection of Investments signed by them on 10 July 2000.\nARTICLE 6\nOther Areas of Economic Cooperation\nThe Parties agree to strengthen their cooperation, but not limited to, in the following areas:\nTrade Facilitation:\nMutual Recognition Arrangements (MRAs), conformity assessment, accreditation procedures, and standards and technical regulations;\nRemoval of non-tariff barriers (NTBs);\nCustoms cooperation;\nTrade finance; and Business visa and travel facilitation.\nSectors of Cooperation:\nFisheries and Aquaculture;\nInformation & Communications Technology;\nSpace Technology;\nBiotechnology;\nFinance and Banking;\nTourism;\nInfrastructure Development;\nHealth Care;\nConstruction;\nEducation; and\nGovernment Procurement.\nTrade and Investment Promotion:\nTrade and investment fairs and exhibitions;\nIndia-Thailand portal; and business sector dialogues.\nCo-operation shall be extended to other areas, including, but not limited to, industrial cooperation, intellectual property rights, small and medium enterprises (SMEs), civil aviation, environment, forestry and forestry products, mining, energy and sub-regional development.\nMeasures to strengthen co-operation shall include, but not be limited to: promotion and facilitation of trade in goods and services, and investment; increasing the competitiveness of SMEs; promotion of electronic commerce; capacity building; and technology transfer.\nArticle 7\nEarly Harvest Scheme\nWith a view to accelerating the realization of benefits from this Agreement, the Parties agree to implement an Early Harvest Scheme, which will form an integral part of the India-Thailand FTA covering trade in goods for products covered under paragraph 2(i) below and which will commence and end in accordance with the timeframes set out in this Article.\nThe product coverage, tariff reduction and elimination, implementation timeframes, Rules of Origin, trade remedies and emergency measures applicable to the Early Harvest Scheme shall be as follows:\nProduct coverage;\nThe specific products listed in Annex-I of this Agreement shall be covered by the Early Harvest Scheme.\nTariff Reduction and Elimination:\n(a) The products covered under this Article shall be subjected to the following tariff reduction and elimination:\nPeriod\nTariff reduction on applied MFN tariff rates as of 1st January 2004\n1.3.2004-28.2.2005\n50%\n1.3.2005-28.2.2006\n75%\n1.3.2006\n100%\n(b) All products where the applied MFN tariff rates are 0%, shall remain at 0%.\n(c) Where the implemented tariff rates are reduced to 0%, they shall remain at 0%.\nInterim Rules of Origin:\nThe Interim Rules of Origin applicable to the products covered under the Early Harvest Scheme shall be further negotiated by the Sub-group of Expert on Rules of Origin. The Interim Rules of Origin shall be superseded and replaced by the Rules of Origin to be negotiated and implemented by the Parties under Article 3(6)(ii) of this Agreement.\nTrade Remedies and Emergency Measures:\nIf any product, which is covered under EHS, is imported into the territory of a Party in such a manner or in such quantities as to cause or threaten to cause, serious injury to the domestic producers of such product in the importing Party, the importing Party may, after prior consultations, to be concluded within 90 days or on any mutually agreed timeframe, from the date of notifying the other Party, suspend provisionally without discrimination the preferential treatment so accorded.\nApplication of WTO provisions\nThe WTO provisions governing modification of commitments, safeguard actions and other trade remedies, including anti-dumping and subsidies and countervailing measures, shall, in the interim, be applicable to the products covered under the Early Harvest Scheme and shall be superseded and replaced by the relevant disciplines negotiated and agreed to by the Parties under Article 3(6) of this Agreement.\nIn order to fully realize the potential benefits of the Early Harvest Scheme, the Parties shall promote and facilitate trade on all products listed in the Early Harvest Scheme. The Parties shall also endeavor to refrain from using non-tariff measures adversely affecting trade on early harvest products.\nARTICLE 8\nTimeframes\nFor trade in goods, the negotiations for tariff reductions or elimination and other matters as set out in Article 3 of this Agreement shall commence in January 2004 and be concluded by March 2005 in order to establish the India-Thailand FTA covering trade in goods by 2010.\nFor trade in services and investments, the negotiations on the respective agreements shall commence in January 2004 and be concluded by January 2006. The identification and liberalisation of the sectors of services and investment shall be finalised for implementation subsequently in accordance with the timeframes to be mutually agreed, taking into account the sensitive sectors of the Parties.\nFor other areas of economic cooperation under Article 6 of this Agreement, the Parties shall continue to build upon existing or agreed programmes set out in that Article, develop new economic cooperation programmes, and conclude agreements on other areas of economic cooperation.\nARTICLE 9\nGeneral Exceptions\nSubject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination in trade between the Parties where the same conditions prevail, or a disguised restriction on trade within the India-Thailand FTA, nothing in this Agreement shall prevent any Party from taking action and adopting measures for the protection of its national security or the protection of articles of artistic, historic and archaeological value, or such other measures which it deems necessary for the protection of public morals, or for the protection of human, animal or plant life, health and conservation of exhaustible natural resources.\nARTICLE 10\nDispute Settlement Mechanism\nAny dispute arising between the Parties regarding interpretation, application or implementation of this Agreement shall be settled amicably through consultations.\nARTICLE 11\nInstitutional Arrangements for the Negotiations\nThe India-Thailand Trade Negotiating Committee (TNC) shall be established to carry out the program of negotiations set out in this Agreement.\nThe India-Thailand TNC may co-opt other members/experts and/or set up working groups as may be necessary to assist the negotiations from time to time.\nThe Parties may establish other mechanisms as may be necessary to coordinate and implement any economic cooperation activities undertaken pursuant to this Agreement.\nARTICLE 12\nMiscellaneous Provisions\nThis Agreement and Annexes thereto as well as any legal instrument agreed upon by the Parties pursuant to provisions of this Agreement shall be integral parts of the Agreement and shall be binding on the Parties.\nExcept as otherwise provided in this Agreement, this Agreement or any action taken under it shall not affect or nullify the rights and obligations of the Party under existing agreements to which it is already a party.\nThe Parties shall endeavour to refrain from increasing restrictions or limitations that would affect the application of this Agreement.\nThe provisions of this Agreement may be modified through amendments mutually agreed upon in writing by the Parties.\nARTICLE 13\nDuration and Termination of the Agreement\nThis Agreement shall remain in force until either Party terminates this Agreement by giving six months written notice to the other Party of its intention to do so.\nARTICLE 14\nEntry into Force\nThis Agreement shall enter into force on the thirtieth day after the date on which the Parties hereto have exchanged diplomatic notes informing each other that their respective constitutional requirements and procedures have been completed.\nIN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.\nDONE at Bangkok, on the 9th day of October 2003, in duplicate copies in the English Language.\nFor the Government of the Republic of India\n(Arun Jaitley)\nMinister of Commerce and Industry\nFor the Government of the Kingdom of Thailand\n(Adisai Bodharamik)\nMinister of Commerce\nAnnex-I\nIndia-Thailand Consolidated List of Items for EHS\nNO.\nHS.\nDESCRIPTIONS\n1\n080450\nEX. FRESH MANGOSTEENS, MANGOES\n2\n080610\nFRESH GRAPES\n3\n080810\nAPPLES\n4\n081060\nEX. FRESH DURIANS\n5\n081090\nEX. FRESH RAMBUTANS, LONGANS, POMEGRANATES\n6\n100110\nDURUM WHEAT\n7\n100190\nOTHER WHEAT AND MESLIN\n8\n160411\nSALMON, WHOLE OR IN PIECES BUT NOT MINCED, PREPARED OR PRESERVED\n9\n160413\nSARDINES, SARDENELLA AND BRISLING OR SPRATS, WHOLE OR IN PIECES BUT NOT MINCED, PREPARED OR PRESERVED\n10\n160415\nMACKERAL WHOLE OR IN PIECES BUT NOT MINCED, PREPARED OR PRESERVED\n11\n160510\nCRAB PREPARED OR PRESERVED\n12\n250100\nSALT (INCL TABLE SALT & DENATRD SALT) & PURE SODIM CHLRDE W/N AQS SOLN SEA WTR\n13\n261000\nCHROMIUM ORES & CONCENTRATES\n14\n281119\nOTHER INORGANIC ACIDS\n15\n281820\nOTHER ALUMINIUM OXIDE\n16\n281830\nALUMINIUM HYDROXIDE\n17\n291739\nOTHR ARMTC PLYCRBOXYLC ACIDS THR ANHYDRDS HALIDES PEROXIDES PEROXYACDS & THR DRVTVS\n18\n390210\nPOLYPROPYLENE, IN PRIMARY FORMS\n19\n390690\nOTHER ACRYLIC POLYMERS IN PRIMARY FORMS.\n20\n390710\nPOLYACETALS IN PRIMARY FORMS.\n21\n390730\nEPOXIDE RESINS IN PRIMARY FORMS.\n22\n390740\nPOLYCARBONATES IN PRIMARY FORMS.\n23\n390760\nPOLYETHYLENE TEREPHTHALATE IN PRIMARY FORMS.\n24\n390799\nSATURATED POLYALLYL ESTERS AND OTHER SATURATED POL\n25\n390810\nPOLYAMIDE-6,-11,-12,-6,6,-6,9,-6,10 OR -6,12,IN PRIMARY FORMS\n26\n390890\nOTHER POLYAMIDES IN PRIMARY FORMS.\n27\n390950\nPOLYURETHANES IN PRIMARY FORMS.\n28\n391990\nOTHER SELF-ADHESIVE PLATES, SHEETS, FILM, FOIL, TAPE, STRIP AND OTHER FLAT SHAPES OF PLASTICS\n29\n441219\nOTHR PLYWD COMSSTNG ONLY SHTS OF WOOD OF THIKNESS OF EACH SHEET NT EXCD 6 MM\n30\n710310\nPRECIOUS STONES (OTHER THAN DIAMONDS) AND SEMI-PRECIOSSTONES, UNWORKED OR SIMPLY SAWN OR ROUGHLY SHAPED\n31\n710490\nOTHER SYNTHETIC OR RECONSTRUCTED PRECIOUS OR SEMI-PRECIOUS STONES\n32\n710510\nDUST AND POWDER OF DIAMONDS\n33\n711319\nARTICLES OF JEWELLERY AND PARTS THEREOF, OF OTHER PRECIUOS METAL, WHETHER OR NOT PLATED OR CLAD WITH PRECIUOS METAL\n34\n720150\nALLOY PIG IRON: SPIEGELEISEN\n35\n720711\nPRDCTS CONTNG BY WT<0.25% CRBN,OF RCTNGLR (INCL SQR)CRS-SCTN;WDTH TWICE THE THCKNS\n36\n720719\nOTHR PRDCTS CONTNG BY WT<0.25% OF CARBON\n37\n722619\nFLT-ROLD PRDCTS OF SILICON ELECTRICL STL OTHR THN GRAIN-ORIENTED\n38\n722990\nOTHER WIRE\n39\n730792\nTHREADED ELBOWS, BENDS AND SLEEVES OF IRON OR STEEL\n40\n732020\nHELICAL SPRINGS, OF IRON OR STEEL\n41\n732690\nOTHER ARTICLES OF IRON OR STEEL WIRE, NOT FORGED\n42\n760110\nALUMINUM, NOT ALLOYED\n43\n760120\nALUMINUM ALLOYS\n44\n840490\nPARTS OF THE ITEMS OF 840410 & 840420\n45\n840991\nPARTS SUITABLE FOR USE SOLELY OR PRINCIPALLY WITH SPARK-IGNITION INTERNAL COMBUSTION PISTON ENGINES\n46\n841360\nOTHER ROTARY POSITIVE DISPLACEMENT PUMPS\n47\n841381\nOTHER PUMPS\n48\n841451\nTABLE,FLOOR,WALL,WINDOW,CEILING/ROOF FANS,WTH SLF-CNTND ELCTRC MOTOR OF OUTPT<=125 W\n49\n841459\nOTHER FANS\n50\n841490\nPRTS OF AIR/VACUM PUMPS,CMPRSSRS & FANS\n51\n841510\nWINDOW/WALL TYPES SELF-CONTAINED AIR CONDITIONING MACHINES\n52\n841821\nCOMPRESSION-TYPE REFRIGERATORS, HOUSEHOLD\n53\n841990\nPRTS OF MCHNRY,PLNT/LBRTRY EQMPMNT ETC OF THE ITEMS OF HDG 8419\n54\n842199\nOTHR PARTS OF FLTRNG/PURFYNG MCHNRY\n55\n842390\nWEIGHNG MCHN WEIGHTS & PRTS OF THE MCHNRY\n56\n842549\nJACKS, HOISTS, OF A KIND USED FOR RAISING VEHICLES\n57\n843221\nDISC HARROWS\n58\n843780\nOTHER MACHNRY FOR CLNG,SRTNG/GRADNG SEEDS\n59\n844820\nPRTS & ACCSSRS OF MCHNS OF HDG. NO.8444/OF THEIR AUXLRY MCHNRY\n60\n844833\nSPINDLES,SPINDLE FLYERS,SPINNING RINGS AND RING TRAVELLERS\n61\n847141\nOTHR DGITL AUTOMATIC DATA PROCESNG MACHNS COMPRISNG IN SAMEHOUSNG A CENTRLPROCESNG UNIT & INPUT & OUTPUT UNIT, WH/NOT COMBIND\n62\n847190\nOTHER\n63\n847290\nOTHR OFFICE MACHINES\n64\n847751\nMCHNRY FR MOULDNG/RETREADNG PNEUMTC TYPES OR FR MOULDNG/OTHRWSE FORMNG INNR TUBES\n65\n847989\nOTHR MCHN & MCHNCL APPLNCS OF HDG 8479\n66\n847990\nPARTS OF MACHINES OF HDG 8479\n67\n848079\nOTHR MOULDS FOR RUBBER/PLASTICS\n68\n848180\nOTHER APPLIANCES FOR PIPES, BOILER SHELLS, TANKS, VATS OR THE LIKE\n69\n848210\nBALL BEARINGS\n70\n848350\nFLYWHEELS AND PULLEYS, INCLUDING PULLEY BLOCKS\n71\n850431\nOTHR TRNSFRMRS HVNG A PWR HNDLNG CAPACITY NOT EXCDNG 1 KVA\n72\n851220\nOTHER LIGHTING OR VISUAL SIGNALLING EQUIPMENT\n73\n851711\nLINE TELPHON SET WTH CORDLESS HAND SETS.\n74\n851790\nPARTS OF TELEPHONIC/TELEGRAPHIC APPARATUS\n75\n852390\nOTHER PREPARED UNRECORDED MEDIA\n76\n852812\nRECEPTN APARTS FOR TV ETC COLOUR\n77\n852910\nAERIALS & AERIALS REFLECTORS OF ALL KINDS PRTS SUITABLE FR USE THEREWTH\n78\n853400\nPRINTED CIRCUITS\n79\n854011\nCATHODE-RAY TV PICTURE TUBES, INCLUDING VIDEO MONITOR-CATHODE-RAY TUBES-COLOUR\n80\n870840\nGEAR BOXES\n81\n903289\nOTHR ATMTC RGLTNG/CNTRLNG INSTRMNTS&APPRTS\n82\n903290\nPARTS AND ACCESSORIES OF INSTRMNTS OF 9032\n83\n910211\nWRST-WTCHS, ELECTRLY OPERATED, W/N INCRPRTNG STOP-WTCH FCLTY WITH MCHNCL DISPLAY ONLY\n84\n940190\nPARTS OF SEATS, WHETHER OR NOT CONVERTIBLE INTO BEDS\nHome\nAbout Us\nWebsite Policy\nFeedback\nEngagement of ICs\nSitemap\nDisclaimer\nHelp\nContact\nShare With\nDownload Mobile Application\nCopyright 2023 (with latest amendments), all rights reserved with Department of Commerce, Ministry of Commerce and Industry, Government of India\nThe site is best viewed in Chrome 92.0 , Firefox 89.0 or Microsoft Edge 92.0 and standard resolution is 1920*1080\nLast Updated: \n\t\t\tNovember 8, 2024\nVisitors : \n\t\t\t 310802079", "html": "\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nFramework Agreement with Thailand - Mcommerce\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n \n\n\n\n\n\n
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\r\n International Trade \r\n
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\tFramework Agreement with Thailand

\n
Preamble
\n

The Governments of the Republic of India and the Kingdom of Thailand hereinafter referred to in this Agreement individually as “the Party” and collectively as “the Parties”;

\n

Desiring to strengthen the special bonds of friendship and economic relationship and also cooperation that exist between the Parties with a view to improving living standards, deepening economic linkages, promoting economic growth, investment opportunities, minimising barriers, and creating a larger and more integrated market with greater opportunities;

\n

Desiring to raise the capacity and international competitiveness of their goods and services as well as to promote their mutual interests through liberalization and expansion of trade and investment between them and with a view to eventually establishing a bilateral Free Trade Area;

\n

Recognizing the important role and contribution of the business sector in enhancing trade and investment between the Parties and the need to further promote and facilitate their cooperation and utilisation of greater business opportunities provided by a comprehensive free trade agreement between the Parties;

\n

Re-affirming the rights and obligations with respect to each other under existing bilateral, regional and multilateral agreements including the Marrakesh Agreement establishing the World Trade Organization;

\n

Recognizing the catalytic role that regional trading arrangements can play towards accelerating regional and global liberalization and as building blocks in the framework of the multilateral trading system;

\n

Have agreed as follows:

\n
ARTICLE 1
\n
Objective
\n

The Parties shall make every effort to:

\n
    \n
  • create favourable conditions for greater economic cooperation and promote fair competition;
    • \n
  • progressively liberalize and eliminate barriers to trade in, and facilitate the cross-border movement of goods and services between the territories of the Parties on a reciprocal basis as well as create a transparent, liberal and facilitative investment regime; and
    • \n
  • explore new areas and develop appropriate measures for closer economic cooperation between the Parties.
    • \n
\n
ARTICLE 2
\n

Measures for Comprehensive Free Trade Area (FTA)

\n

The Parties agree to expeditiously negotiate for establishing an India-Thailand FTA with a view to strengthening and enhancing liberalization of trade through the following:

\n

progressive elimination of tariffs and non-tariff barriers in substantially all trade in goods between the Parties;

\n

progressive liberalization of trade in services between the Parties with substantial sectoral coverage;

\n

establishment of an open and competitive investment regime that facilitates and promotes investment within and between the Parties;

\n

establishment of effective trade and investment facilitation measures, including, but not limited to, simplification of customs procedures and development of mutual recognition arrangements;

\n

expansion of economic co-operation in areas as may be mutually agreed between the Parties that will complement the deepening of trade and investment links between the Parties and formulation of action plans and programmes in order to implement the agreed sectors/areas of cooperation; and

\n

establishment of appropriate mechanisms for the purposes of effective implementation of this Agreement.

\n
ARTICLE 3
\n
Trade in Goods
\n
    \n
  • With a view to expediting the expansion of trade in goods, the Parties agree to enter into negotiations in which duties and other restrictive regulations of commerce except, where necessary, those permitted under Article XXIV (8)(b) of the WTO General Agreement on Tariffs and Trade (GATT) 1994, shall be eliminated on substantially all trade in goods between the Parties.
    • \n
  • The tariff reduction or elimination program of the Parties shall require tariffs on listed products to be gradually reduced and where applicable, eliminated, in accordance with this Article.
    • \n
  • The products which are subject to the tariff reduction or elimination program under this Article shall include all products not covered by the Early Harvest Scheme under Article 7 of this Agreement, and such products shall be categorised into two tracks, namely, the Normal Track and the Sensitive Track.
    • \n
  • The commitments undertaken by the Parties under this Article and Article 7 of this Agreement shall fulfil the WTO requirements to eliminate tariffs on substantially all the trade between the Parties.
    • \n
  • The tariff preferences to be mutually agreed between the Parties pursuant to this Article shall set out only the limits of the applicable tariff preferences for the specified year of implementation by the Parties and shall not prevent any Party from accelerating its tariff reduction or elimination if it so desires.
    • \n
  • The negotiations between the Parties to establish the India-Thailand FTA covering trade in goods shall also include, but not be limited to the following:\n
      \n
    • other detailed rules governing the tariff reduction or elimination programme for the Normal Track and the Sensitive Track as well as any other related matters, including principles governing reciprocal commitments, not provided for in the preceding paragraphs of this Article;
      • \n
    • Rules of Origin (ROO);
      • \n
    • Treatment of out-of-quota rates;
      • \n
    • Modification of a Party’s commitments under this Article on trade in goods based on GATT/WTO principles;
      • \n
    • Non-tariff barriers (NTBs) imposed on any products covered under this Article or Article 7 of this Agreement, including, but not limited to quantitative restrictions or prohibition on the importation of any product or on the export or sale for export of any product;
      \nSafeguards based on the GATT/WTO principles;
      • \n
    • Disciplines on subsidies and countervailing measures and anti-dumping measures based on the existing GATT disciplines;
      • \n
    • Facilitation and promotion of effective and adequate protection of trade-related aspects of intellectual property rights based on existing WTO Agreements, World Intellectual Property Organisation (WIPO) and other relevant disciplines; and
      • \n
    • Dispute settlement mechanism.
      • \n
    • \n
\n\n
ARTICLE 4
\n
Trade in Services
\n

With a view to expediting the expansion of trade in services, the Parties agree to enter into negotiations to progressively liberalise trade in services with substantial sectoral coverage. Such negotiations shall be directed to:

\n

progressive elimination of substantially all discrimination between the Parties, prohibition of new or more discriminatory measures, with respect to trade in services between the Parties except for measures permitted under Article V(1)(b) of the General Agreement on Trade in Services (GATS);

\n

expansion in the depth and scope of liberalisation of trade in services; and

\n

enhanced co-operation in services between the Parties in order to improve efficiency and competitiveness.

\n
ARTICLE 5
\n
Investment
\n
    \n
  • To promote investments and to create a liberal, facilitative, transparent and competitive investment regime, the Parties shall endeavour to:
    • \n
  • enter into negotiations in order to progressively liberalise their respective investment regimes;
    • \n
  • strengthen co-operation in investment, facilitate investment and improve transparency of investment rules and regulations; and
    • \n
  • provide for the protection of investments.
    • \n
  • With regard to the promotion and protection of investments, the Parties shall keep in view the provisions of the Agreement for the Promotion and Protection of Investments signed by them on 10 July 2000.
    • \n
\n
ARTICLE 6
\n
Other Areas of Economic Cooperation
\n

The Parties agree to strengthen their cooperation, but not limited to, in the following areas:

\n
Trade Facilitation:
\n

Mutual Recognition Arrangements (MRAs), conformity assessment, accreditation procedures, and standards and technical regulations;
\nRemoval of non-tariff barriers (NTBs);
\nCustoms cooperation;
\nTrade finance; and Business visa and travel facilitation.

\n
Sectors of Cooperation:
\n
    \n
  • Fisheries and Aquaculture;
    • \n
  • Information & Communications Technology;
    • \n
  • Space Technology;
    • \n
  • Biotechnology;
    • \n
  • Finance and Banking;
    • \n
  • Tourism;
    • \n
  • Infrastructure Development;
    • \n
  • Health Care;
    • \n
  • Construction;
    • \n
  • Education; and
    • \n
  • Government Procurement.
    • \n
\n
Trade and Investment Promotion:
\n

Trade and investment fairs and exhibitions;
\nIndia-Thailand portal; and business sector dialogues.

\n
    \n
  • Co-operation shall be extended to other areas, including, but not limited to, industrial cooperation, intellectual property rights, small and medium enterprises (SMEs), civil aviation, environment, forestry and forestry products, mining, energy and sub-regional development.
    • \n
  • Measures to strengthen co-operation shall include, but not be limited to: promotion and facilitation of trade in goods and services, and investment; increasing the competitiveness of SMEs; promotion of electronic commerce; capacity building; and technology transfer.
    • \n
\n
Article 7
\n
Early Harvest Scheme
\n
    \n
  • With a view to accelerating the realization of benefits from this Agreement, the Parties agree to implement an Early Harvest Scheme, which will form an integral part of the India-Thailand FTA covering trade in goods for products covered under paragraph 2(i) below and which will commence and end in accordance with the timeframes set out in this Article.
    • \n
  • The product coverage, tariff reduction and elimination, implementation timeframes, Rules of Origin, trade remedies and emergency measures applicable to the Early Harvest Scheme shall be as follows:
    • \n
\n
Product coverage;
\n

The specific products listed in Annex-I of this Agreement shall be covered by the Early Harvest Scheme.

\n
Tariff Reduction and Elimination:
\n

(a) The products covered under this Article shall be subjected to the following tariff reduction and elimination:

\n
\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
PeriodTariff reduction on applied MFN tariff rates as of 1st January 2004
1.3.2004-28.2.200550%
1.3.2005-28.2.200675%
1.3.2006100%
\n
\n

(b) All products where the applied MFN tariff rates are 0%, shall remain at 0%.
\n(c) Where the implemented tariff rates are reduced to 0%, they shall remain at 0%.

\n
Interim Rules of Origin:
\n

The Interim Rules of Origin applicable to the products covered under the Early Harvest Scheme shall be further negotiated by the Sub-group of Expert on Rules of Origin. The Interim Rules of Origin shall be superseded and replaced by the Rules of Origin to be negotiated and implemented by the Parties under Article 3(6)(ii) of this Agreement.

\n
Trade Remedies and Emergency Measures:
\n

If any product, which is covered under EHS, is imported into the territory of a Party in such a manner or in such quantities as to cause or threaten to cause, serious injury to the domestic producers of such product in the importing Party, the importing Party may, after prior consultations, to be concluded within 90 days or on any mutually agreed timeframe, from the date of notifying the other Party, suspend provisionally without discrimination the preferential treatment so accorded.

\n
Application of WTO provisions
\n

The WTO provisions governing modification of commitments, safeguard actions and other trade remedies, including anti-dumping and subsidies and countervailing measures, shall, in the interim, be applicable to the products covered under the Early Harvest Scheme and shall be superseded and replaced by the relevant disciplines negotiated and agreed to by the Parties under Article 3(6) of this Agreement.

\n

In order to fully realize the potential benefits of the Early Harvest Scheme, the Parties shall promote and facilitate trade on all products listed in the Early Harvest Scheme. The Parties shall also endeavor to refrain from using non-tariff measures adversely affecting trade on early harvest products.

\n
ARTICLE 8
\n
Timeframes
\n
    \n
  • For trade in goods, the negotiations for tariff reductions or elimination and other matters as set out in Article 3 of this Agreement shall commence in January 2004 and be concluded by March 2005 in order to establish the India-Thailand FTA covering trade in goods by 2010.
    • \n
  • For trade in services and investments, the negotiations on the respective agreements shall commence in January 2004 and be concluded by January 2006. The identification and liberalisation of the sectors of services and investment shall be finalised for implementation subsequently in accordance with the timeframes to be mutually agreed, taking into account the sensitive sectors of the Parties.
    • \n
  • For other areas of economic cooperation under Article 6 of this Agreement, the Parties shall continue to build upon existing or agreed programmes set out in that Article, develop new economic cooperation programmes, and conclude agreements on other areas of economic cooperation.
    • \n
\n
ARTICLE 9
\n
General Exceptions
\n

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination in trade between the Parties where the same conditions prevail, or a disguised restriction on trade within the India-Thailand FTA, nothing in this Agreement shall prevent any Party from taking action and adopting measures for the protection of its national security or the protection of articles of artistic, historic and archaeological value, or such other measures which it deems necessary for the protection of public morals, or for the protection of human, animal or plant life, health and conservation of exhaustible natural resources.

\n
ARTICLE 10
\n
Dispute Settlement Mechanism
\n

Any dispute arising between the Parties regarding interpretation, application or implementation of this Agreement shall be settled amicably through consultations.

\n
ARTICLE 11
\n
Institutional Arrangements for the Negotiations
\n
    \n
  • The India-Thailand Trade Negotiating Committee (TNC) shall be established to carry out the program of negotiations set out in this Agreement.
    • \n
  • The India-Thailand TNC may co-opt other members/experts and/or set up working groups as may be necessary to assist the negotiations from time to time.
    • \n
  • The Parties may establish other mechanisms as may be necessary to coordinate and implement any economic cooperation activities undertaken pursuant to this Agreement.
    • \n
\n
ARTICLE 12
\n
Miscellaneous Provisions
\n
    \n
  • This Agreement and Annexes thereto as well as any legal instrument agreed upon by the Parties pursuant to provisions of this Agreement shall be integral parts of the Agreement and shall be binding on the Parties.
    • \n
  • Except as otherwise provided in this Agreement, this Agreement or any action taken under it shall not affect or nullify the rights and obligations of the Party under existing agreements to which it is already a party.
    • \n
  • The Parties shall endeavour to refrain from increasing restrictions or limitations that would affect the application of this Agreement.
    • \n
  • The provisions of this Agreement may be modified through amendments mutually agreed upon in writing by the Parties.
    • \n
\n
ARTICLE 13
\n
Duration and Termination of the Agreement
\n

This Agreement shall remain in force until either Party terminates this Agreement by giving six months written notice to the other Party of its intention to do so.

\n
ARTICLE 14
\n
Entry into Force
\n

This Agreement shall enter into force on the thirtieth day after the date on which the Parties hereto have exchanged diplomatic notes informing each other that their respective constitutional requirements and procedures have been completed.
\nIN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
\nDONE at Bangkok, on the 9th day of October 2003, in duplicate copies in the English Language.

\n
\n\n\n\n\n\n\n\n
For the Government of the Republic of India
\n(Arun Jaitley)
\nMinister of Commerce and Industry		For the Government of the Kingdom of Thailand\n

(Adisai Bodharamik)
\nMinister of Commerce

\n
\n
Annex-I
\n
India-Thailand Consolidated List of Items for EHS
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NO.HS.DESCRIPTIONS
1080450EX. FRESH MANGOSTEENS, MANGOES
2080610FRESH GRAPES
3080810APPLES
4081060EX. FRESH DURIANS
5081090EX. FRESH RAMBUTANS, LONGANS, POMEGRANATES
6100110DURUM WHEAT
7100190OTHER WHEAT AND MESLIN
8160411SALMON, WHOLE OR IN PIECES BUT NOT MINCED, PREPARED OR PRESERVED
9160413SARDINES, SARDENELLA AND BRISLING OR SPRATS, WHOLE OR IN PIECES BUT NOT MINCED, PREPARED OR PRESERVED
10160415MACKERAL WHOLE OR IN PIECES BUT NOT MINCED, PREPARED OR PRESERVED
11160510CRAB PREPARED OR PRESERVED
12250100SALT (INCL TABLE SALT & DENATRD SALT) & PURE SODIM CHLRDE W/N AQS SOLN SEA WTR
13261000CHROMIUM ORES & CONCENTRATES
14281119OTHER INORGANIC ACIDS
15281820OTHER ALUMINIUM OXIDE
16281830ALUMINIUM HYDROXIDE
17291739OTHR ARMTC PLYCRBOXYLC ACIDS THR ANHYDRDS HALIDES PEROXIDES PEROXYACDS & THR DRVTVS
18390210POLYPROPYLENE, IN PRIMARY FORMS
19390690OTHER ACRYLIC POLYMERS IN PRIMARY FORMS.
20390710POLYACETALS IN PRIMARY FORMS.
21390730EPOXIDE RESINS IN PRIMARY FORMS.
22390740POLYCARBONATES IN PRIMARY FORMS.
23390760POLYETHYLENE TEREPHTHALATE IN PRIMARY FORMS.
24390799SATURATED POLYALLYL ESTERS AND OTHER SATURATED POL
25390810POLYAMIDE-6,-11,-12,-6,6,-6,9,-6,10 OR -6,12,IN PRIMARY FORMS
26390890OTHER POLYAMIDES IN PRIMARY FORMS.
27390950POLYURETHANES IN PRIMARY FORMS.
28391990OTHER SELF-ADHESIVE PLATES, SHEETS, FILM, FOIL, TAPE, STRIP AND OTHER FLAT SHAPES OF PLASTICS
29441219OTHR PLYWD COMSSTNG ONLY SHTS OF WOOD OF THIKNESS OF EACH SHEET NT EXCD 6 MM
30710310PRECIOUS STONES (OTHER THAN DIAMONDS) AND SEMI-PRECIOSSTONES, UNWORKED OR SIMPLY SAWN OR ROUGHLY SHAPED
31710490OTHER SYNTHETIC OR RECONSTRUCTED PRECIOUS OR SEMI-PRECIOUS STONES
32710510DUST AND POWDER OF DIAMONDS
33711319ARTICLES OF JEWELLERY AND PARTS THEREOF, OF OTHER PRECIUOS METAL, WHETHER OR NOT PLATED OR CLAD WITH PRECIUOS METAL
34720150ALLOY PIG IRON: SPIEGELEISEN
35720711PRDCTS CONTNG BY WT<0.25% CRBN,OF RCTNGLR (INCL SQR)CRS-SCTN;WDTH TWICE THE THCKNS
36720719OTHR PRDCTS CONTNG BY WT<0.25% OF CARBON
37722619FLT-ROLD PRDCTS OF SILICON ELECTRICL STL OTHR THN GRAIN-ORIENTED
38722990OTHER WIRE
39730792THREADED ELBOWS, BENDS AND SLEEVES OF IRON OR STEEL
40732020HELICAL SPRINGS, OF IRON OR STEEL
41732690OTHER ARTICLES OF IRON OR STEEL WIRE, NOT FORGED
42760110ALUMINUM, NOT ALLOYED
43760120ALUMINUM ALLOYS
44840490PARTS OF THE ITEMS OF 840410 & 840420
45840991PARTS SUITABLE FOR USE SOLELY OR PRINCIPALLY WITH SPARK-IGNITION INTERNAL COMBUSTION PISTON ENGINES
46841360OTHER ROTARY POSITIVE DISPLACEMENT PUMPS
47841381OTHER PUMPS
48841451TABLE,FLOOR,WALL,WINDOW,CEILING/ROOF FANS,WTH SLF-CNTND ELCTRC MOTOR OF OUTPT<=125 W
49841459OTHER FANS
50841490PRTS OF AIR/VACUM PUMPS,CMPRSSRS & FANS
51841510WINDOW/WALL TYPES SELF-CONTAINED AIR CONDITIONING MACHINES
52841821COMPRESSION-TYPE REFRIGERATORS, HOUSEHOLD
53841990PRTS OF MCHNRY,PLNT/LBRTRY EQMPMNT ETC OF THE ITEMS OF HDG 8419
54842199OTHR PARTS OF FLTRNG/PURFYNG MCHNRY
55842390WEIGHNG MCHN WEIGHTS & PRTS OF THE MCHNRY
56842549JACKS, HOISTS, OF A KIND USED FOR RAISING VEHICLES
57843221DISC HARROWS
58843780OTHER MACHNRY FOR CLNG,SRTNG/GRADNG SEEDS
59844820PRTS & ACCSSRS OF MCHNS OF HDG. NO.8444/OF THEIR AUXLRY MCHNRY
60844833SPINDLES,SPINDLE FLYERS,SPINNING RINGS AND RING TRAVELLERS
61847141OTHR DGITL AUTOMATIC DATA PROCESNG MACHNS COMPRISNG IN SAMEHOUSNG A CENTRLPROCESNG UNIT & INPUT & OUTPUT UNIT, WH/NOT COMBIND
62847190OTHER
63847290OTHR OFFICE MACHINES
64847751MCHNRY FR MOULDNG/RETREADNG PNEUMTC TYPES OR FR MOULDNG/OTHRWSE FORMNG INNR TUBES
65847989OTHR MCHN & MCHNCL APPLNCS OF HDG 8479
66847990PARTS OF MACHINES OF HDG 8479
67848079OTHR MOULDS FOR RUBBER/PLASTICS
68848180OTHER APPLIANCES FOR PIPES, BOILER SHELLS, TANKS, VATS OR THE LIKE
69848210BALL BEARINGS
70848350FLYWHEELS AND PULLEYS, INCLUDING PULLEY BLOCKS
71850431OTHR TRNSFRMRS HVNG A PWR HNDLNG CAPACITY NOT EXCDNG 1 KVA
72851220OTHER LIGHTING OR VISUAL SIGNALLING EQUIPMENT
73851711LINE TELPHON SET WTH CORDLESS HAND SETS.
74851790PARTS OF TELEPHONIC/TELEGRAPHIC APPARATUS
75852390OTHER PREPARED UNRECORDED MEDIA
76852812RECEPTN APARTS FOR TV ETC COLOUR
77852910AERIALS & AERIALS REFLECTORS OF ALL KINDS PRTS SUITABLE FR USE THEREWTH
78853400PRINTED CIRCUITS
79854011CATHODE-RAY TV PICTURE TUBES, INCLUDING VIDEO MONITOR-CATHODE-RAY TUBES-COLOUR
80870840GEAR BOXES
81903289OTHR ATMTC RGLTNG/CNTRLNG INSTRMNTS&APPRTS
82903290PARTS AND ACCESSORIES OF INSTRMNTS OF 9032
83910211WRST-WTCHS, ELECTRLY OPERATED, W/N INCRPRTNG STOP-WTCH FCLTY WITH MCHNCL DISPLAY ONLY
84940190PARTS OF SEATS, WHETHER OR NOT CONVERTIBLE INTO BEDS
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