MOU-for-Self-certification-scheme-phase-1-Annex-1-1.pdf

2010 Memorandum of Understanding between the Governments of the Participating Member States of the Association of South-East Asian Nations (ASEAN) on the Pilot Project for the Implementation of a Regional Self-Certification System

1st Pilot Project on Self-Certification

• ASEAN Documents
  • ASEAN Economic Community
    • ASEAN Economic Ministers
    • Customs
    • ASEAN Free Trade Area

Article 7 ‘Consultation/Negotiation’: “Any   difference   or   dispute   between   the   Participating  Member   States   concerning   the interpretation and/or implementation and/or application of the provisions of this MOU shall be settled  amicably  through  consultation  and/or  negotiation  between  the  participating  Member States.”

Secretary-General of ASEAN

ANNEX I – Operational Certification Procedure

ASEAN Legal Instruments

25/10/2010

Article 8.3 ‘Final Provisions’:

“3. This MOU shall enter into force upon the deposit of Instruments of ratification or letters of acceptance by all Participating Member States with the Secretary-General of ASEAN.

4. This MOU shall remain in force for a period of 1 year, unless terminated earlier by agreement of all Participating Member States. The expiry or termination of this MOU shall not prejudice the rights and obligations of all Participating Member States established under this MOU before or up to the effective date of such expiry or termination except by agreement of all Participating Member States.

5. This MOU may be extended beyond its period of validity, as stipulated in paragraph 4 of this Article, with the agreement of all Participating Member States.”

2009 ASEAN Trade in Goods Agreement

2012 Memorandum of Understanding among the Governments of the Participating Member States of the Association of Southeast Asian Nations (ASEAN) on the Second Pilot Project for the Implementation of a Regional Self-Certification System

2007 ASEAN Economic Community Blueprint

ASEAN Secretariat accessed on 26/08/2022

The 26th AFTA Council Meeting held on 27 August 2012 agreed to extend the implementation of the 1st Self-Certification Pilot Project until 31 December 2015.

The pilot project as covered by this MOU operates in parallel to the 2012 Memorandum of Understanding among the Governments of the Participating Member States of the Association of Southeast Asian Nations (ASEAN) on the Second Pilot Project for the Implementation of a Regional Self-Certification System, which implements a separate pilot project among Indonesia, Lao PDR and the Philippines.

Note Article 5 ‘Suspension’:

“Each Participating Member State reserves the right for reasons of national security, national interest, public order or public health to suspend temporarily, either in whole or in part, the implementation of this MOU which suspension shall take effect immediately after notification has been given to the other Participating Member State through diplomatic channels or the ASEAN Secretariat.”

Note Article 6 ‘Confidentiality’:

“1.  Each  Participating  Member  State  shall undertake  to  observe  the  confidentiality  and secrecy  of  documents,  information  and  other data  received  from,  or  supplied  to  other Participating Member States during the period of the implementation of this MOU.

2. Each Participating Member State shall not:

(a) directly   or   indirectly   disclose   any   confidential   information   provided   by   other Participating Member States ; nor

(b) Use Confidential information provided by another Participating Member State for any purpose other than for those specified in this MOU without the prior authorization of such Participating Member State.

3. Participating Member States agree that paragraphs 1 and 2, of this Article shall continue to be binding between them notwithstanding the suspension or termination of this MOU.”

Dates of ratification and notification given above were obtained from the ASEAN Secretariat’s Legal Instruments website and its electronic collection of instruments of ratification, accession and notification. Some of the dates given appear to be the dates of execution of the instruments of ratification/notification, rather than their date of receipt by the depository.