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Paparan Investment Law - TRIMS (15 Des 2021)
Paparan Investment Law - TRIMS (15 Des 2021)
Paparan Investment Law - TRIMS (15 Des 2021)
Measures Agreement
(TRIMS Agreement)
Investment Law
Program Studi International Business Law, Universitas Prasetiya Mulya
Jakarta, 15 Desember 2021
Guiding Questions
1
TRIMS (dalam MTAs)
“Marrakesh Agreement”
Multilateral Trade Agreements
(MTAs)
Annex 1A:
Trade in Goods
Annex 1B:
Trade in Services
Annex 1C:
Trade Related Aspects of Intellectual
Property Rights
Annex 2:
Dispute Settlement Understanding
Annex 3:
Trade Policy Review Mechanism
2
Investasi dalam Perdagangan Internasional
1986-1994
Uruguay Round
“include the progressive liberalization of world trade The coverage of the Agreement is defined in Article 1,
and to facilitate investment across international which states that the Agreement applies to investment
Limitation of measures related to trade in goods only. Thus, the
frontiers so as to increase the economic growth”
Objective Coverage to Trade TRIMs Agreement does not apply to services.
in Goods
4
Sistematika-2 (Kewajiban)
•Article 2.1 of the TRIMs Agreement requires Members not to apply any TRIM that is inconsistent with the provisions of Article
Basic Substantive Obligations: III (national treatment of imported products) or Article XI (prohibition of quantitative restrictions on imports or exports) of
Article 2 and the Illustrative List GATT 1994. An Illustrative List annexed to the TRIMs Agreement lists measures that are inconsistent with paragraph 4 of
Article III and paragraph 1 of Article XI.
•The Illustrative List covers both TRIMs which are mandatory or enforceable under domestic law or under administrative
Mandatory and Non-mandatory Measures rulings and TRIMs compliance with which is necessary to obtain an advantage.
•TRIMs identified in paragraph 1 of the Illustrative List as being inconsistent with Article III:4 concern the purchase or use
Distinction between Paragraphs 1 and 2 of the of products by an enterprise, while the TRIMs listed in paragraph 2 as inconsistent with Article XI:1 of GATT 1994 concern
Illustrative List the importation or exportation of products by an enterprise.
TRIMs which are inconsistent with the •require the purchase or use by an enterprise of products of domestic origin or domestic source (local content
national treatment obligation of Article III:4 of requirements), covers trade-balancing TRIMs which limit the purchase or use of imported products by an enterprise to an
GATT 1994 amount related to the volume or value of local products that it exports.
TRIMs which are inconsistent with the •covers measures which limit the importation by an enterprise of products used in its local production in general terms or
prohibition on imposition of quantitative to an amount related to the volume or value of local production exported by the enterprise.
restrictions of Article XI:1 of GATT 1994 5
Sistematika-3 (Norma penting lainnya)
6
Indonesia dan TRIMS
7
Lesson-learned
Mobil Nasional
(PT. Timor Putra Nasional)
Permasalahan
1. Pengurangan/pembebasan bea masuk atas spare part mobil berdasarkan TKDN;
2. Pengurangan/pembebasan PPNBM kepada ATPM;
Penggugat
1. Uni Eropa (DS54);
2. Jepang (DS55 - DS64);
3. Amerika Serikat (DS59)
Putusan (1998)
1. Art. 2.1 TRIMS (local content requirement);
2. Art. III.2 GATT (NT);
3. Art. I:1 GATT (MFN);
4. Art. 5(c) ASCM (serious prejudice).
8
TERIMA KASIH