1980 Supplementary Agreement to the Basic Agreement on ASEAN Industrial Project: ASEAN Urea Project (Indonesia)

1980 Urea Project (Indonesia)

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Article 16 of the 1980 Basic Agreement on ASEAN Industrial Projects:

“Special provisions concerning each individual ASEAN Industrial Project shall be set out in a Supplementary Agreement which shall be deemed to be Part of this Basic Agreement.”

Chapter XIII ‘Consultations’ of the 1980 Basic Agreement on ASEAN Industrial Projects:

Article 14:

“1. Each Contracting State shall accord adequate opportunity for consultations regarding such representations as may be made by any Contracting State with respect to any matter affecting the implementation of this Agreement. COIME may, at the request of any Contracting State, consult with any other Contracting State in respect of any matter for which it has not been posse to find a satisfactory solution during previous consultations.

2. If any Contracting State should consider that any other Contracting State has not carried out its obligations under this Agreement, the affected contracting State may make representations or proposals to the other Contracting State concerned which shall consider said representation or proposal within sixty (60) days from receipt thereof.

3. If no satisfactory solution is effected between the Contracting States, the matter may be referred to COIME which shall consult with the Contracting States concerned and arrive at a solution mutually acceptable to the States concerned. If no satisfactory solution is arrived at in COIME, the matter shall be referred to the ASEAN Economic Ministers for the final settlement.”

This Agreement is a “covered agreement” under Appendix I of the 2004 Protocol on Enhanced Dispute Settlement Mechanism and Article 24.3 of the 2007 ASEAN Charter which provides that “[w]here not otherwise specifically provided, disputes which concern the interpretation or application of ASEAN economic agreements shall be settled in accordance with the [2004] ASEAN Protocol on Enhanced Dispute Settlement Mechanism.” It was previously one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 1996 Protocol on Dispute Settlement Mechanism read together with its Appendix 1.

The 2004 Protocol will only apply with respect to disputes that arose after its entry into force (29 November 2004). The 1996 Protocol applies to all other disputes.

Secretary-General of the ASEAN Secretariat

ASEAN Secretariat Table of ASEAN Treaties/Agreements and Ratification (as of October 2012)

17/10/1981

Article 7(1), ‘Entry into Force’:

“This Agreement shall enter into force on the thirtieth (30th) day after the deposit of the fifth instrument of Ratification.”

This is one of five Supplementary Agreements to the 1980 Basic Agreement on ASEAN Industrial Projects.

1991 Supplementary Agreement To The Basic Agreement On ASEAN Industrial Projects – ASEAN Potash Mining Project (Thailand)

1984 Supplementary Agreement to the Basic Agreement on ASEAN Industrial Projects ASEAN Vaccine Project (Singapore)

1982 Draft Supplementary Agreement to the Basic Agreement on ASEAN Industrial Projects for the ASEAN Copper Fabrication Project (Philippines)

1980 Supplementary Agreement to the Basic Agreement on ASEAN Industrial Projects: ASEAN Urea Project (Malaysia)

1980 Protocol to the Basic Agreement on ASEAN Industrial Projects on the Selling Price of Soda Ash of the ASEAN Rock Salt-Soda Ash Project (Thailand)

ASEAN Secretariat accessed on 19/07/2022

Ratification and entry into force information for this instrument is not available on the current ASEAN Legal Instruments website. Details above are taken from the last published information on this instrument.