Asean Deal

I. Which agreements are included in the DEAL depository?

The DEAL depository includes 22 agreements, namely:

Agreement between the European Union and Japan for an Economic Partnership (EU-Japan EPA)
Agreement Between the United States of America and Japan Concerning Digital Trade (Japan-U.S. DTA)
Agreement Establishing the Association of Southeast Asian Nations - Australia -New Zealand Free Trade Area, as amended (AANZFTA)
ASEAN Agreement on Electronic Commerce (ASEAN E-commerce Agreement)
Australia - Singapore Digital Economy Agreement (ASDEA)
Australia-United Kingdom Free Trade Agreement (Australia - UK FTA)
Chile - Paraguay Free Trade Agreement (Chile-Paraguay FTA)
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Comprehensive Economic Partnership Agreement (CEPA) between the Government of the Republic of India and the Government of the United Arab Emirates (UAE) (India-UAE CEPA)
Digital Economy Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore (UK-Singapore DEA)
Digital Economy Partnership Agreement Between Singapore, Chile, and New Zealand (DEPA)
Digital Partnership Agreement Between the Government of the Republic of Korea and the Government of the Republic of Singapore (Korea-Singapore DPA)
EU-New Zealand Free Trade Agreement (EU-New Zealand FTA)
Free Trade Agreement Between the EFTA States and The Republic of Moldova (EFTA-Moldova FTA)
Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand (NZ-UK FTA)
Free Trade Agreement between the United States of America and the Republic of Korea (KORUS FTA)
Joint Statement Initiative on Electronic Commerce (WTO E-Commerce JSI)
Mercosur Agreement on Electronic Commerce (Mercosur E-Commerce Agreement)
Pacific Alliance-Singapore Free Trade Agreement (Pacific Alliance Singapore FTA)
Regional Comprehensive Economic Partnership Agreement (RCEP)
Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the One Part, and the United Kingdom of Great Britain and Northern Ireland, of the Other Part (EU-UKTCA)
United States - Mexico - Canada Agreement (USMCA)

II. On what basis were these agreements selected?

The selection of the covered agreements is based on having substantive commitments on e-commerce/digital trade and their relevance for ASEAN countries.

III. Which indicators are included in the DEAL depository?

The DEAL depository encompasses 37 indicators covering a wide range of digital trade/ e-commerce provisions found in Free Trade Agreements (FTAs) and Digital Economy Agreements (DEAs). Our starting point are the substantive provisions found in the Digital Economy Partnership Agreement (DEPA). These indicators include:

Artificial Intelligence: Provisions on artificial intelligence, or AI, recognise the need to promote internationally aligned frameworks on AI, which could include ethical and governance frameworks.
Competition Policy: Provisions on competition policy underscore the advantages of exchanging experiences and practices in enforcing and developing competition policies, particularly considering the challenges posed by the digital economy. Under this provision, Parties may also suggest technical cooperation initiatives and stress the importance of collaboration in enforcing competition laws within digital markets using various methods.
Cross-Border Transfer of Information by Electronic Means: Provisions on the cross-border transfer of information by electronic means (or simply, cross-border data flows) aim to allow the cross-border flow of information, including personal information, when this activity is for the conduct of the business of a covered person.
Customs Duties: Provisions regarding customs duties on electronic transmissions aim to maintain the practice of exempting electronic transmissions and digital products from customs duties. Occasionally, a distinction may be made between digital products fixed in a carrier medium and those transmitted electronically, but both are typically treated as duty-free.
Cybersecurity: Provisions on cybersecurity focus on enhancing cooperation and coordination between countries to address cyber threats effectively, aiming to create a safer and more secure environment for digital trade.
Data Innovation: Provisions on data innovation recognise the role of data-sharing in fostering innovation. Furthermore, these provisions may also seek to promote frameworks to improve data sharing and reuse, for instance, by using data regulatory sandboxes.
Digital Equity and Inclusion: Provisions on digital equity and inclusion may recognise/acknowledge the importance of digital inclusion, which can be defined as participation in the digital economy and benefiting from it.
Digital Identities: Provisions on digital identities seek to promote the interoperability of frameworks or standards regarding domestic digital identity programmes.
Digital SME Dialogue: Provisions establishing a digital SME dialogue set the framework for a platform for collaboration and discussion among various stakeholders focused on maximising the benefits of the agreement for SMEs.
Domestic Electronic Transactions Framework: Provisions on domestic electronic transactions frameworks aim to ensure that the adoption or maintenance of domestic legal frameworks is consistent with the principles outlined in the UN Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce (1996) and the UN Convention on the Use of Electronic Communications in International Contracts (2005).
Electronic Authentication and Electronic Signatures: Provisions on electronic authentication and electronic signatures establish the legal recognition of authentication technologies and foster the mutual recognition of digital certificates and signatures.
Electronic Contracts: Provisions on electronic contracts aim to align the domestic legal framework with the UN Convention on the Use of Electronic Communications in International Contracts (2005).
Electronic Invoicing: Provisions on electronic invoicing or e-invoicing address the use of electronic methods for creating, sending, receiving, and processing invoices in international trade transactions.
Electronic Payments: Provisions on electronic payments, or e-payments, aim to improve the efficiency, safety, and security of cross-border transactions by promoting the adoption of globally recognised standards. Additionally, they can promote the interoperability of payment infrastructures and encourage innovation and competition in the payment ecosystem.
Enhancing Opportunities for SMEs in the Digital Economy: Provisions on enhancing opportunities for SMEs in the digital economy aim at strengthening collaboration among parties to bolster trade and investment opportunities for SMEs within the digital economy.
Express Shipments: Provisions on express shipments address the need for streamlined customs procedures to boost e-commerce. They require parties to maintain predictable, consistent, and transparent customs processes. Key measures to achieve this include pre-arrival processing of information, electronic submission of shipment manifests, minimal documentation for certain goods, and a commitment to release express shipments within a specified timeframe.
Financial Technology: Provisions on financial technology, or Fintech, seek to foster cooperation in this area between the Parties.
General Exceptions: General exceptions like in Article XX of the GATT 1994 of Article XIV of the GATS allow Parties to deviate, under certain conditions, from obligations and commitments under a treaty. They can be stated to apply mutatis mutandis or be restated in the relevant section of the treaty. General exceptions are public policy exceptions, including those for privacy protection purposes.
Government Procurement: Provisions on government procurement acknowledge the impact of the digital economy on open, fair, and transparent procurement markets. Parties may also agree to cooperate to understand how increased digitisation of procurement processes and goods/services affects current and future international government procurement commitments.
Information and Communication Technology Products that Use Cryptography: Provisions regarding ICT products using cryptography specify that neither Party to a treaty can compel a manufacturer or supplier to disclose proprietary cryptographic information or partner or otherwise cooperate with anyone in the territory of the Party without consent; or be obliged to use or integrate a specific cryptographic algorithm or cypher.
Information Sharing: Provisions on information sharing mandate each party to create or maintain a publicly accessible, free website dedicated to disseminating information about the Agreement. This type of provision aims to enhance the transparency and accessibility of the Agreement, with a particular focus on benefiting small and medium-sized enterprises (SMEs).
Location of Computing Facilities: Provisions on the location of computing facilities prohibit the imposition of localisation requirements as a prerequisite for conducting business within a Party’s territory.
Logistics: Provisions on logistics underscore the significance of efficient cross-border logistics for reducing costs and enhancing the speed and reliability of supply chains in digital trade. Through these types of provisions, Parties to a treaty may also commit to sharing best practices and information in the logistics sector. This could encompass innovations such as on-demand delivery solutions, advanced vehicle technologies, cross-border delivery options, and new business models.
Measures to Safeguard Balance of Payments: Provisions on measures to safeguard balance of payments permit a Party facing serious balance of payments and external financial difficulties, or under threat thereof, to implement certain restrictive measures.
Non-discriminatory Treatment of Digital Products: Provisions regarding the non-discriminatory treatment of digital products entail an obligation to ensure equality in treatment for like digital products.
Online Consumer Protection: Provisions on online consumer protection commit Parties to adopt or maintain laws or regulations to proscribe fraudulent, misleading, or deceptive conduct that causes harm, or is likely to cause harm, to consumers engaged in online commercial activities, and to make these laws publicly available. They may also contain pledges to cooperate in enforcing these laws and setting mechanisms for dispute resolution.
Online Safety and Security: Provisions on online safety and security underscore their crucial role in promoting a thriving digital economy. They stress the Parties' acknowledgment of the need for a collaborative and inclusive approach, often involving multi-stakeholder cooperation, to effectively tackle challenges associated with online safety and security.
Open Government Data: Provision on open government data, or open data, recognises that access and use of government information fosters economic and social development.
Paperless Trading: Provisions on paperless trading aim to enable the online availability of import and export documentation and the electronic submission of those documents. These provisions may also provide for the legal equivalence between trade administration documents submitted electronically and the paper version.
Personal Information Protection: Provisions on personal information protection require Parties to a treaty to establish a domestic framework for the protection of personal data/personal information or data privacy of any kind.
Principles on Access to and Use of the Internet: Provisions on principles on access to and use of the Internet typically outline principles aimed at ensuring open and non-discriminatory access to the Internet, which can include (a) access and use services and applications of a consumer’s choice available on the Internet, subject to reasonable network management; (b) connect the end-user devices of a consumer’s choice to the Internet, provided that such devices do not harm the network; and (c) access information on the network management practices of a consumer’s Internet access service supplier.
Prudential Exception and Monetary and Exchange Rate Policy Exception: Prudential and monetary and exchange rate policy exceptions allow Parties to a treaty to adopt measures for prudential reasons, such as protecting investors and depositors, and ensuring the stability of the financial system.
Public Domain: Provisions regarding the public domain stress the value of maintaining a robust and accessible public domain, highlighting its critical role for society.
Security Exceptions: Security exceptions like in Article XXI of the GATT 1994 or Article XIV bis of the GATS allow Parties to deviate, under certain conditions, from obligations and commitments under a treaty for national security reasons. These concern the essential security interests of a country, including in times of war. They can be stated to apply mutatis mutandis or be restated in the relevant section of the treaty.
Taxation Exception: Taxation exceptions generally carve out from the scope of the treaty taxes or taxation measures.
Treaty of Waitangi/ Indigenous peoples rights: Provisions on the Treaty of Waitangi are only found in some agreements to which New Zealand is a Party. They establish an exception to allow New Zealand to adopt certain measures that accord more favourable treatment to the Māori population. For other treaties, this entry also covers exceptions for Indigenous peoples' rights.
Unsolicited Commercial Electronic Messages: Provisions on unsolicited commercial electronic messages, or SPAM, entail the adoption or maintenance of measures to allow consumers to opt out of receiving unwanted commercial messages from various sources. They may also provide that businesses only send such messages with the expressed or inferred consent of the consumer with the source of the messages identified, or otherwise minimise these types of messages.

IV. How are indicators organised in the DEAL depository?

The DEAL depository includes ten policy clusters, each associated with corresponding indicators. These clusters and indicators are organised as follows:

1. Business and Trade Facilitation:

Paperless Trading;
Logistics;
Electronic Payments;
Express Shipments;
Electronic Transaction Framework;
Electronic Contracts;
Electronic Invoicing;
Electronic Authentication and Electronic Signatures.

2. Data Issues

Cross-Border Transfer of Information by Electronic Means;
Location of Computing Facilities;
Personal Information Protection.

3. Digital Identities

Digital Identities.

4. Emerging Trends and Technologies

Financial Technology;
Artificial Intelligence;
Government Procurement;
Competition Policy.

5. Innovation and the Digital Economy

Public Domain;
Data Innovation;
Open Government Data.

6. Small and Medium Enterprises

Enhancing Opportunities for SMEs in the Digital Economy;
Information Sharing;
Digital SME Dialogue.

7. Treatment of Digital Products and Related Issues

Customs Duties;
Non-discriminatory Treatment of Digital Products;
Information and Communication Technology Products that Use Cryptography.

8. Trust in Digital Trade

Online Safety and Security;
Principles on Access to and Use of the Internet;
Online Consumer Protection;
Unsolicited Commercial Electronic Messages;
Cybersecurity.

9. Digital Inclusion

Digital Equity and Inclusion.

10. Exceptions

General Exceptions;
Security Exceptions;
Treaty of Waitangi;
Prudential Exception and Monetary and Exchange Rate Policy Exception;
Taxation Exception;
Measures to Safeguard Balance of Payments.

V. How many agreements can the user compare?

Users can conduct simultaneous text comparison for up to three agreements. This allows for the analysis of selected indicators across multiple agreements. Users can also input their own text and compare it with selected indicators. In this case, the maximum of agreements available for comparison is two. The user should know that none of the data inputted freely in the system is stored in the cloud.

VI. What does the colour code used for each entry mean?

The colour code used for each entry categorises commitments into green, yellow, and red.

Green commitments, known as "hard" commitments, impose obligations on a Party to adhere strictly to specified provisions or principles, irrespective of whether these obligations are subject to dispute settlement mechanisms.

Yellow commitments, or "soft" commitments, do not entail enforceability by another Party. This category includes cooperation provisions, which are inherently considered soft commitments.

Finally, red signifies that no specific commitments are made under the agreement. These distinctions help clarify the nature and enforceability of obligations within international frameworks, providing clarity for signatory parties and stakeholders alike.

VII. What do the colours used in the detailed text comparison tool mean?

In text comparison, the colour-coded system offers nuanced insights into textual discrepancies and similarities across agreements.

White denotes text that aligns precisely between agreements, meaning that the selected text is identical. Green signifies that text additions found in one agreement are absent in another. This highlights areas of divergence or supplementary provisions. Crossed-out text indicates that sections present in one agreement are missing in another. This allows users to identify areas where agreements differ.

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