JAEPA Post-Implementation Review: Call for submissions
The Department of Foreign Affairs and Trade (DFAT) welcomes concise submissions from businesses and other interested stakeholders as part of a five year Post-Implementation Review (PIR) of the Japan-Australia Economic Partnership Agreement (JAEPA).
The PIR is being conducted in accordance with the Australian Government's Guide to Regulation.
The PIR will consider a number of questions, including:
- what have been the impacts of the JAEPA on businesses or other groups in the community?; and
- has JAEPA delivered a net benefit to the Australian community?
While we are happy to receive submissions on any issue of relevance, we are particularly interested in submissions that consider:
- how opportunities for Australian businesses may have changed under JAEPA, such as the competitiveness of Australia's goods and services exports;
- whether there have been any factors that have affected your industry's ability to expand exports under JAEPA;
- whether the outcomes of JAEPA have met business and other stakeholder expectations;
- whether there have been any unintended impacts of JAEPA;
- the effect of JAEPA on any administrative or regulatory costs on business, including
- those around compliance processes associated with certificates or declarations of origin for goods trade;
- the extent to which any administrative or regulatory costs are considered reasonable, relative to benefits which they may accrue; and
- whether administrative or regulatory costs have met business and other stakeholder expectations.
In your submission, you may wish to focus on how JAEPA has affected your business or sector. This may include information on changes to your importing or exporting situation since entry into force of JAEPA, and significant changes to business conditions you may have experienced.
We are also interested in hearing from businesses about how JAEPA may have affected their trade in specific goods or services, and would welcome product or service-specific case studies.
Scope and size of submissions
We appreciate the resources involved in putting together a submission. Written submissions may take several forms – from a short email through to a structured analytical paper. Please note that concise submissions outlining key points are ideal.
Closing date for submissions
Submissions are requested by 23 August 2019.
Further information on JAEPA, including the text of the Agreement
Submissions and confidentiality
All submissions will be treated as public and may be published on this website, unless the author specifically requests that the submission, or part thereof, be handled in confidence. Unless otherwise requested, DFAT may publish the submission and the name of the submitting organisation or individual on its website. DFAT will not edit submissions prior to publishing. All details that have been included in a submission, including contact information, may be available on the DFAT website.
Respondents may request that all, or part, of a submission be treated as confidential. Material supplied in-confidence should be clearly marked 'IN CONFIDENCE' and be provided in a separate attachment to non-confidential material.
By making a submission, the author(s) agree to their submission, or part thereof, being used by the Commonwealth of Australia for Commonwealth purposes.
Submissions may be lodged as follows:
Email: JapanEPA@dfat.gov.au (preferred)
JAEPA FTA Coordinator
Regional Trade Agreements Division
Department of Foreign Affairs and Trade
RG Casey Building, John McEwen Crescent
Barton ACT 0221
All submissions may be made publicly available on the DFAT website unless the author specifies otherwise.
Exporters quick to capitalise on Japan FTA
Export sales across a variety of commodities to Japan have jumped since the Japan–Australia Economic Partnership Agreement (JAEPA) entered into force.
JAEPA enters into force
The Japan–Australia Economic Partnership Agreement entered into force on 15 January 2015.
JAEPA to enter into force on 15 January 2015
The Japan–Australia Economic Partnership Agreement will enter into force on 15 January 2015, following an exchange of notes by Australia and Japan on 16 December 2014, certifying that both Parties have completed their domestic processes.
Parliament passes implementing legislation
On 27 November 2014, JAEPA customs-implementing legislation was passed by the Australian Parliament. Amendments to related regulations will shortly be submitted to Federal Executive Council (Exco) for approval. Once these processes have been completed, Australia will be ready to exchange notes with Japan to bring JAEPA into force.
Joint Standing Committee on Treaties completes review and implementing legislation introduced to Parliament
The Joint Standing Committee on Treaties (JSCOT) tabled the report of its inquiry into the Japan–Australia Economic Partnership Agreement (JAEPA) in Parliament on 4 September 2014. JSCOT report 144 recommended that binding treaty action be taken.
The government subsequently introduced legislation needed to implement the Agreement into Parliament on 29 October 2014. The Customs Amendment (Japan–Australia Economic Agreement Implementation) Bill 2014 and the Customs Tariff Amendment (Japan–Australia Economic Partnership Agreement Implementation) Bill 2014 and their explanatory memoranda were introduced into the House of Representatives by Minister Robb.
Tabling of the Japan–Australia Economic Partnership Agreement in the Australian Parliament
Minister Robb tabled the text of the Japan–Australia Economic Partnership Agreement with the National Interest Analysis in the Australian Parliament on 14 July 2014. The agreement will now be considered by the Joint Standing Committee on Treaties (JSCOT).
Signature of the Japan–Australia Economic Partnership Agreement
On 8 July 2014 Prime Minister Abbott and Japanese Prime Minister Shinzo Abe signed the Japan–Australia Economic Partnership Agreement during an official ceremony at Parliament House in Canberra.
Conclusion of negotiations
On 7 April 2014 Prime Minister Abbott announced the conclusion of negotiations on the Japan–Australia Economic Partnership Agreement. The agreement will provide valuable preferential access for Australia's exports, better than any of Japan's agreements with other partners. Australia and Japan are natural partners with highly complementary economies. The agreement will bring our economies and societies even closer and underpin a strong relationship for many years to come. Further details of the Japan–Australia Economic Partnership Agreement will become available following completion of necessary legal processes.
Government committed to concluding negotiations
There is commitment on both sides to deliver, as soon as possible, an agreement that builds our trade and supports both our economies.
The last formal negotiating round was held from 13 to 15 June 2012 in Tokyo. However, many intersessional meetings have been held since.
Negotiations over the past year have been intensive and good progress has been made. Many issues have been resolved but the market access and investment package is still being finalised.
Sixteenth round of negotiations — 13–15 June 2012
The sixteenth round of negotiations on the Australia–Japan Free Trade Agreement was held in Tokyo from 13 to 15 June 2012.
In this round, good progress was made in areas such as trade in goods, customs procedures, rules of origin, energy and mineral resources, food supply, trade in services, investment, dispute settlement, competition policy and intellectual property.
Fifteenth round of negotiations — 23–27 April 2012
The fifteenth round of negotiations on the Australia–Japan Free Trade Agreement was held in Canberra from 23 to 27 April 2012.
In this round, positive and encouraging progress was made across the broad spectrum of FTA issues including trade in goods, technical barriers to trade, sanitary and phytosanitary issues, services, investment and legal issues.
Fourteenth round of negotiations — 14–17 February 2012
The fourteenth round of negotiations on the Australia–Japan Free Trade Agreement was held in Tokyo from 14 to 17 February 2012.
Newsletter 14 — Fourteenth negotiating round of the Australia–Japan Free Trade Agreement
Thirteenth round of negotiations — 20–22 December 2011
The thirteenth round of negotiations on the Australia–Japan Free Trade Agreement was held in Canberra from 20 to 22 December 2011.
Newsletter 13 — Thirteenth negotiating round of the Australia–Japan Free Trade Agreement
Twelfth round of negotiations — 7–10 February 2011
The twelfth round of negotiations on the Australia–Japan Free Trade Agreement was held in Tokyo from 7 to 10 February 2011.
Newsletter 12 — Twelfth negotiating round of the Australia–Japan Free Trade Agreement
Eleventh round of negotiations — 19–23 April 2010
The eleventh round of negotiations on the Australia–Japan Free Trade Agreement was held in Canberra from 19 to 23 April 2010. In five days, more than 50 sessions were held. Steady progress was made across the negotiations, with both sides continuing to engage in a constructive and positive spirit. The eleventh round marked the first substantive discussion on chapters on food supply and improvement of the business environment. Japan welcomed Australia’s agreement to include these chapters in the FTA.
Newsletter 11 — Eleventh negotiating round of the Australia–Japan Free Trade Agreement
Tenth round of negotiations — 17–25 November 2009
The tenth round of negotiations on the Australia–Japan Free Trade Agreement was held in Tokyo from 17 to 25 November. Services and investment discussions focused on further addressing outstanding issues in chapter texts. Much of the text of the trade in services chapter and the movement of natural persons chapter (covering temporary entry of businesspeople into Australia or Japan for work purposes) was agreed. We continued to negotiate chapters on financial services and telecommunications, again underlining our strong commercial interest in these areas. We made further progress on the investment chapter, but a few difficult issues remain, including Japan’s request for investor–state dispute settlement (ISDS) provisions.
Newsletter 10 — Tenth negotiating round of the Australia–Japan Free Trade Agreement
Ninth round of negotiations — 27–31 July 2009
The ninth round of negotiations on the Australia–Japan Free Trade Agreement was held in Canberra from 27 to 31 July. Discussions on services and investment focused on further development of chapter texts, while the two sides continued to exchange information and broaden their understanding of each other's initial services and market access requests. Australia continued to signal the importance of achieving commercially meaningful outcomes, particularly in our priority interests of financial services, telecommunications, legal services and education.
Newsletter 9 — Ninth negotiating round of the Australia–Japan Free Trade Agreement
Eighth round of negotiations — 9–13 March 2009
The eighth round of negotiations on the Australia–Japan Free Trade Agreement was held in Tokyo from 9 to 13 March. The focus of the round was on initial services and investment market access requests. Although both sides gave preliminary responses only, the atmosphere was constructive. Australia continued to signal the priority of financial services, telecommunications, legal services and education.
Newsletter 8 — Eighth negotiating round of the Australia–Japan Free Trade Agreement
Seventh round of negotiations — 27–31 October 2008
The seventh round of negotiations on the Australia–Japan Free Trade Agreement was held in Canberra from 27 to 31 October. The two sides continued discussions concerning offer and request issues related to market access in services and investment. The clarifications and information received as part of this process over the past two rounds have now allowed the two sides to agree that formal market access requests will be exchanged at the next round of negotiations.
Newsletter 7 — Seventh negotiating round of the Australia–Japan Free Trade Agreement
Sixth round of negotiations — 28 July–1 August 2008
The sixth round of negotiations on the Australia–Japan Free Trade Agreement was held in Tokyo from 28 July to 1 August 2008. Overall, we have continued to make progress on the various chapter texts and have now discussed initial offers on services and investment.
Newsletter 6 — Sixth negotiating round of the Australia–Japan Free Trade Agreement
Fifth round of negotiations — 28 April–1 May 2008
The fifth round of negotiations on the Australia–Japan Free Trade Agreement was held in Canberra from 28 April to 1 May 2008. Notably, the two sides exchanged initial market access offers on services and investment at this round. Following the formal exchange of initial services and investment offers, each side took the opportunity to seek details about each other’s offer and to clarify particular provisions. Australia and Japan reached a good understanding of the quality and character of each other’s offer, and we will do further analysis before the next negotiating round. Australia welcomed the initial Japanese offer, which was consistent with the highest level of commitments it has made in previous FTAs, although we noted that there were some sectors, such as education and training, financial services and telecommunications, where we would ask for further opening.
Newsletter 5 — Fifth negotiating round of the Australia–Japan Free Trade Agreement
Fourth round of negotiations — 25–29 February 2008
The fourth round of negotiations on the Australia–Japan Free Trade Agreement was held in Tokyo from 25 to 29 February. This round marked the beginning of market access negotiations on goods. Australia and Japan exchanged initial requests and offers on trade in goods and held preliminary discussion on the requests and offers. Japan’s offer had many exclusions in agriculture, including on many items of interest to Australia. Japan also argued the case for its sensitivities on a small number of manufactured goods. We made clear to Japan that its offer would need to be improved significantly.
Newsletter 4 — Fourth negotiating round of the Australia–Japan Free Trade Agreement
Third round of negotiations — 5–8 November 2007
The third negotiating round for the Australia–Japan Free Trade Agreement was held in Canberra from 5 to 8 November. The round continued substantive discussion on all areas of the FTA that might form chapters of the agreement. Twenty sessions were held over four days, with exchanges of information or discussion of draft texts. As with the first two rounds, the talks were positive and constructive and made good progress. Discussion underlined that Australia and Japan had few areas where objectives differed, even if there were different drafting approaches in some areas. Next steps were agreed in all areas, with further information exchange and counterproposals on draft text or elements papers to be produced intersessionally. Good progress was also made in preparation for the beginning of market access negotiations.
Newsletter 3 — Third negotiating round of the Australia–Japan Free Trade Agreement
Second round of negotiations — 6–10 August 2007
The second negotiating round for the Australia–Japan Free Trade Agreement was held in Tokyo from 6 to 10 August. As with the first round, the talks were positive and constructive. The round commenced substantive discussion on all areas of the FTA that we agreed at the first round. Eighteen sessions were held over five days. Good progress was made. In all of the areas we agreed next steps with Japan that would see text tabled on many of the possible chapters of the FTA in the third round.
Newsletter 2 — Second negotiating round of the Australia–Japan Free Trade Agreement
First round of negotiations — 23–24 April 2007
The first round of the Australia–Japan Free Trade Agreement negotiations was held on 23 and 24 April in Canberra. The talks got off to a very good start. The Japanese side was led by Masaharu Kohno, Deputy Minister for Foreign Affairs. The Japanese delegation included senior representatives their key ministries, the Ministry of Economy, Trade and Industry, the Ministry of Agriculture, Forestry and Fisheries and the Ministry of Finance. The Australian delegation was also a senior one and drawn from more than nine Australian Government agencies.
Newsletter 1 — First negotiating round of the Australia–Japan Free Trade Agreement