Side Letter Traditional and Complementary Medicine - Malaysian confirmation to Australia

The Hon Dr Craig Emerson MP
Minister for Trade and Competitiveness
Australia

Dear Minister Emerson,

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

"I have the honour to refer to the signing on this date of the Malaysia-Australia Free Trade Agreement ('the Agreement') and to the discussions that have taken place between representatives of our two governments regarding Chapter 8 (Trade in Services) and Chapter 10 (Movement of Natural Persons).

Recalling the Agreement's objective of enhancing bilateral trade and investment, I have the honour to advise that Australia will facilitate engagement between relevant Australian professional bodies for suppliers of Traditional Chinese Medicine, Ayurveda, Homeopathy or Malay Traditional Massage Services and their Malaysian counterparts, with a view to clarifying and providing advice on the recognition of Malaysian accreditation and qualifications of suppliers of these services in Australia. Following that engagement, Australia stands ready to discuss with Malaysia any market access issues that Malaysian service providers may experience in Australia.

Furthermore, I have the honour to advise that Australian state and territory level governments regulate the supply of Traditional Chinese Medicine through a nationally consistent registration and accreditation scheme. From 1 July 2012, practitioners of Traditional Chinese Medicine will be required to register with and meet the standards developed by the Chinese Medicine Board of Australia. These requirements will apply to all practitioners including those from Malaysia. The Government of Australia and Australian state and territory level governments do not directly regulate the supply of Ayurveda, Homeopathy or Malay Traditional Massage services by foreign suppliers. Relevant professional bodies are responsible for registering and developing standards for practitioners and maintaining qualification requirements for suppliers of these services in Australia.

Additionally, all suppliers of Traditional Chinese Medicine, Ayurveda, Homeopathy or Malay Traditional Massage Services in Australia must comply with relevant immigration, consumer protection, public health and safety measures and workplace law and practice, which are applied on a nondiscriminatory basis".

I have the further honour to confirm that your letter and this letter in reply reflect this understanding between Malaysia and Australia.

In support of the development of the traditional and complementary medicine industry in Malaysia, I hope that both countries will be able to exchange information and facilitate cooperation in respect of mutual recognition of the traditional and complementary medicine service providers. It is my aspiration that Malaysia will be able to promote adoption of best practices on standards and qualifications in the field of traditional and complementary medicine once the regulatory measures are in place.

Yours sincerely,

Dato' Sri Mustapa Mohamed

Last Updated: 11 January 2018