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PDF Brunei-schedule of Specific Commitments

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Nguyễn Gia Hào

Academic year: 2023

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Additional specialists or experts may be admitted subject to market testing and the training of Malaysians by a. acceptable training program in the relevant service sector or sub-sector:. Provided that such persons are employees of the foreign service provider and have been employed by that foreign service provider for a period of not less than one year immediately preceding the date of their application for a work permit and he must serve in at least similar capacity. a) specialists or experts being persons who own. knowledge at an advanced level of continued expertise and subject to market test and the employment of Malaysians as peers and/or training of Malaysians through acceptable training programs in the relevant service sector or sub-sector;. Legal services will only be provided to foreign corporations established in the Federal Territory of Labuan.

For interdisciplinary practices (architecture, engineering and/or quantity surveying)1, foreign equity up to a maximum of ten (10) percent for joint ventures of professionals registered in the country of origin. 1 While an interdisciplinary practice may include architects, engineers and/or quantity surveyors, for the purposes of this offer it does not include engineers. For multidisciplinary practices (architecture, engineering and/or quantity surveying)2, foreign equity up to a maximum of ten (10) percent for joint ventures of professionals registered in the country of origin.

2 While a multidisciplinary firm may include architects, engineers and/or surveyors, it does not include engineers for the purpose of this offering. must be verified by the relevant registered professionals in Malaysia. Urban Planning Services Includes development service programs related to land use, site selection, control and use, road systems, and land maintenance for the purpose of creating and maintaining a systematic, coordinated urban plan. determination of competence and ability to provide the service for purposes of registration with the relevant regulatory authorities will be conducted in the English language.

The management control of such companies will be in the hands of Malaysians and in the case of Telekom Malaysia, the foreign shareholding may not exceed 30% foreign in total, with no single country holding more than 5% of the equity at any one time. do not own at the time. ]. For NFP(C) and NSP(C), foreign shareholding of up to 30 percent is permitted in these service providers. With regard to ASP(C), foreign shareholding of up to 49 percent is permitted in these service providers.

This sector is governed by the Communications and Multimedia Act 1998 and its subsidiary rules and regulations. Network Facilities means any element or combination of elements of physical infrastructure used principally for or in connection with the provision of Network Services, but does not include Customer Equipment. Network Facility Provider Class Licensee means a person registered with the Commission to provide a network facility in accordance with the provisions of the Act and these Regulations.

Provider of network facilities means an individual permit that has been granted to a provider of network facilities in accordance with the provisions of the law and these regulations. Network service provider class licensee means a person registered with the Commission to provide a network service in accordance with the provisions of the Act and these Regulations. Network Provider Individual Licensee means an individual license granted to a network service provider in accordance with the provisions of the Act and these Regulations.

Application service provider class licensee means a person registered with the Commission to provide an application service in accordance with the provisions of the Act and these Regulations. Application service provider individual licensee means an individual license granted to an application service provider in accordance with the provisions of the Act and these Regulations.

CONSTRUCTION AND RELATED ENGINEERING SERVICES Construction work

Projects with foreign investment equal to or more than 50 percent where local expertise is not available;. 100% Malaysian funded construction projects where local expertise is not available. contracting to local subcontractors.

EDUCATIONAL SERVICES C. Higher Education

Market Access National Treatment Commitments. institution that possesses the necessary qualifications, knowledge, credentials and/or experience.

FINANCIAL SERVICES, INCLUDING INSURANCE

Unbound for new licenses Imports are limited to equity. participation by foreign banks in commercial banks owned or controlled by Malaysian commercial banks and commercial banks and the total foreign equity ownership in any commercial bank or commercial bank must not exceed 30 percent. An investment bank may not acquire shares in an investment bank or any other investment bank. Other persons are not permitted to acquire 5 percent or more of the stock in a commercial or investment bank if the person already owns 5 percent or more of the stock in another licensed financial institution.

Acquisition by a foreign bank of an aggregate of 5 percent or more of the shares in a commercial or investment bank owned or controlled by Malaysia must meet the following criteria:. A). The foreign bank has the ability to facilitate trade and contribute to the financial and economic development of Malaysia. A senior manager is a person with their own knowledge and authority who is essential for setting up, controlling and executing the services of the financial services company.

New entry is limited to equity participation by foreign insurance companies in domestically incorporated insurance companies and. The sum of foreign shares in such a company should not exceed 30 percent. Acquisition by a foreign insurance company of an aggregate of more than 5 percent. The established insurance company must meet at least one of the following criteria: a). The foreign insurance company has the ability to facilitate trade and contribute to the financial and economic development of Malaysia.

The country of the foreign insurance company has. significant trading and investment interests in Malaysia;. In another insurance company in Malaysia operating the same class of insurance. business as it carries on;. Other persons who own more than 5 per cent. shareholding in an insurance company, may not acquire more than 5 per cent. shareholding in:

Two senior managers and three specialists or experts for branches of foreign insurance companies and locally.

BANKING AND OTHER FINANCIAL SERVICES,

For commercial banks, unbound for branches (including off-premises ATMs) and ATM networks in Malaysia. For non-banks, unbound, except for the categories of natural persons referred to under market access. Finance Leasing (1) Leasing services to residents in any currency must be performed in conjunction with leasing companies or commercial banks in Malaysia.

Entry is limited to local establishment. established joint venture company and the total foreign share in such a company may not exceed 30 percent. For non-banks, No obligation, except for categories of natural persons from market access. Own account transactions by offshore banks and offshore investment banks in Labuan are limited to instruments created and issued by offshore companies in Labuan and foreign companies abroad.

Only commercial banks, offshore banks and offshore investment banks are allowed to trade in foreign currency. National market access treatment commitments. stockbroking company incorporated in Malaysia, subject to all terms and conditions being finalised. The participation of non-banks requires the creation of a bar. incorporated joint venture company and the total foreign shareholding in such company should not exceed 30 percent.

Entry is limited to the formation of a locally incorporated joint venture and the total foreign shareholding in such company cannot exceed 30 percent. For non-banks, unbound, except as indicated in the horizontal section covering all sectors. cash or portfolio management - all forms of collective investment. Entry as a non-bank, other than a Foreign Fund Management Company (FFMC), is limited to the establishment of a local. established joint venture and the total shareholding in such company may not exceed 30 percent.

For commercial banks and merchant banks, unbound except as indicated in the horizontal section for all financial services. Services other than investment and portfolio advice to residents must jointly with. commercial banks or commercial banks in Malaysia. Representative offices of security companies are not allowed to publish and circulate research work in Malaysia.

INSURANCE SERVICES Direct insurance (non-life)

HEALTH RELATED AND SOCIAL SERVICES A. Hospital Services

Only through a locally incorporated joint venture with Malaysian natural persons or Malaysian controlled companies or both and the total foreign shareholding in the joint venture cannot exceed 40 percent; And. TOURISM AND TRAVEL-RELATED SERVICES Hotel, tourist resort and restaurant. relating to the management and operation of hotels or resorts, including outlets which do not necessarily include ownership of such properties. established joint venture with Malaysian individuals or Malaysia-controlled companies or both and aggregate foreign . the shareholding in the joint venture may not exceed 30 percent; For CPC 64110, which relates only to four and five star hotels, a joint foreign interest of up to 49% in the joint venture is permitted.

Establishment of another office requires additional license b). total foreign shareholding in the joint venture corporation is allowed up to 49%. Theme Parks - A family based recreation area/entertainment center that may consist of rides, . mechanical and/or high-tech simulation equipment with various types of entertainment facilities built around a theme or several themes. The concept of the park can be either outdoor or indoor or a combination of both).

For theme parks (part of CPC 96194), joint ventures with Malaysian individuals or Malaysian controlled corporations or both with. total foreign shareholding in the joint venture corporation not exceeding 49%. Participation of Malaysian entertainers/artists may be required based on the guidelines of the relevant Ministry.

TRANSPORT SERVICES A. Maritime Transport Services

Maritime agency services covering the marketing and sales of maritime transport and related services and acting on behalf of companies that arrange for the vessel to be called or take charge of cargo when required (CPC 748*). Such services consist of the recovery of damaged and sunken ships and their cargoes, including the raising of sunken ships, the righting of overturned ships and the navigation of stranded ships). It consists of organizing and monitoring shipment operations on behalf of carriers, through the procurement of transportation and related services, the repair of documentation and the provision of business information.

OTHER SERVICES Skills training services

83 AC-TIS/SC2/MAL

84 AC-TIS/SC2/MAL

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