This Report contains the Joint Standing Committee on Treaties’ review of two treaty actions.
Agreement to amend the Singapore Free Trade Agreement (Canberra, 13 October 2016)
The Singapore-Australia Free Trade Agreement (SAFTA) was Australia’s second bi-lateral free trade agreement.
The proposed Agreement to amend the Singapore Free Trade Agreement arises from the third review of SAFTA.
The proposed Agreement focusses on service and regulatory issues, and incorporates a number of improvements in these fields previously negotiated as part of the Trans Pacific Partnership Agreement.
One of the significant new provisions is an updated version of the Trans Pacific Partnership’s Investor State Dispute Settlement provisions. The new provisions are intended to protect states from ISDS cases where the state has regulated in the public interest.
The proposed Agreement has been negotiated in an atmosphere of increased protectionism in Singapore in relation to services, and is notable for cementing previous Australian gains in this area, and opening the prospect of further gains through ongoing consultation.
Agreement between the Government of Australia and the Government of Japan concerning Reciprocal Provision of Supplies and Services between the Australian Defence Force and the Self-Defense Forces of Japan (Sydney, 14 January 2017)
The Agreement between the Government of Australia and the Government of Japan concerning Reciprocal Provision of Supplies and Services between the Australian Defence Force and the Self-Defense Forces of Japan replaces a similar Agreement that came into force in 2013.
The Agreement will permit the provision of logistic supplies and services to the military forces of Australia and Japan for specified joint activities. These supplies and services will be in return for either cash payment or the reciprocal provision of logistic supplies and services.
The differences between the proposed Agreement and the 2013 Agreement primarily reflect changes in the national laws of Japan concerning international peace and security passed by the National Diet in September 2015.
The report also contains the Committee’s review of two minor treaty actions:
Amendment to Annex 3 of the Marrakesh Agreement Establishing the World Trade Organisation; and
Fourth Protocol Establishing the Prolongation of the Treaty between Australia and the Kingdom of the Netherlands on the Presence of Australian Personnel in the Netherlands for the Purpose of Responding to the Downing of Malaysia Airlines Flight MH17.