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Summary Information
Full Title

2019 Protocol 3 on the Expansion of Fifth Freedom Traffic Rights between Contracting Parties

Short Title / Abbreviations

AC-ATA Prot 3 / ASEAN-China Air Transport Agreement Protocol 3 / ASEAN-China Open Skies Agreement (OSA) Protocol 3

CIL Subject Classification
Date of Adoption 15/11/2019
Place of Adoption Ha Noi, Viet Nam, 18th ASEAN and China Transport Ministers' Meeting (ATM+China)
Issued/Adopted by Transport Ministers of ASEAN and China
Dispute settlement provisions

Article 21 of the 2010 Air Transport Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the People’s Republic of China applies:

Article 21: Settlement of Disputes

“Should any dispute between the Contracting Parties arise, the aeronautical authorities of the Contracting Parties involved shall seek to resolve the dispute through consultation. In the event that no agreement is reached, it shall be settled through diplomatic channels.”

Depository

Secretary-General of ASEAN

Entry Into Force Status In Force
Source

ASEAN Secretariat: ASEAN Transport Agreements and Status of Ratification

Date of Entry into Force

19/01/2023

Entry into Force / Termination Provisions

Article 2: Final Provisions

“3. This Protocol shall enter into force on the date of deposit with or notification to the Depositary pursuant to paragraph 2 from:
(a) China; and
(b) at least two ASEAN Member States,
and shall enter into force only among the Contracting Parties that have deposited instrument of ratification, approval or acceptance with or given their written notifications to the Depositary.

4. For a Contracting Party depositing instrument of ratification, approval or acceptance or giving its written notification after the date of entry into force of this Protocol pursuant to paragraph 3, this Protocol shall enter into force for that Contracting Party on the date of its deposit of instrument of ratification, approval or acceptance or given written notification.”

Status
ASEAN States (Source:

ASEAN Transport Instruments and Status of Ratification

as of 19/02/2024)
Brunei Darussalam Signature 15/11/2019
Cambodia Signature 15/11/2019
Indonesia Signature 15/11/2019
Lao PDR Signature 15/11/2019
Malaysia Signature 15/11/2019
Ratification 07/11/2022
Myanmar Signature 15/11/2019
Ratification 09/01/2023
Philippines Signature 15/11/2019
Ratification 15/02/2024
Singapore Signature 15/11/2019
Signature 11/08/2023
Thailand Signature 15/11/2019
Vietnam Signature 15/11/2019
Signature 14/11/2023
Other Country People's Republic of China  Signature - 15/11/2019 Ratification - 10/08/2022
Related Instruments
This instrument amends/supersedes

2010 Air Transport Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the People’s Republic of China

This instrument supersedes the 2014 Protocol 2 on Fifth Freedom Traffic Rights between Contracting Parties

Related Instruments

2010 Protocol 1 on Unlimited Third and Fourth Freedom Traffic Rights between Any Points in Contracting Parties

2014 Protocol 2 on Fifth Freedom Traffic Rights between Contracting Parties

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