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Summary Information
Full Title

2004 Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-Operation between the Association of Southeast Asian Nations and the People’s Republic of China

Short Title / Abbreviations

2004 ACFTA DSM/CAFTA DSM/ASEAN-China DSM

CIL Subject Classification
Date of Adoption 29/11/2004
Place of Adoption Vientiane, Lao PDR, 8th ASEAN-China Summit
Issued/Adopted by Economic Ministers of ASEAN and the People’s Republic of China
Dispute settlement provisions

This instrument is covered under the dispute settlement mechanism adopted in this instrument, which applies to “all future legal instruments agreed pursuant to [the Framework Agreement] unless where the context otherwise provides” (Article 2.1).

Depository

Secretary-General of ASEAN

Annexes

Annex 1: Rules and Procedures for the Arbitral Proceedings

Entry Into Force Status In Force
Source

ASEAN Secretariat

Date of Entry into Force

01/01/2005

Entry into Force / Termination Provisions

Article 18: Entry into Force

“1. This Agreement shall enter into force on 1 January 2005.

2. The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1 January 2005.

3. Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1 January 2005, the rights and obligations of that Party under this Agreement shall commence on the date of the completion of such internal procedures.

4. A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other Parties in writing.”

Status
ASEAN States (Source:

Treaty Room of the Ministry of Foreign Affairs of the Republic of Indonesia

as of 27/02/2024)
Brunei Darussalam Signature 29/11/2004
Cambodia Signature 29/11/2004
Indonesia Signature 29/11/2004
Notification 29/06/2015
Lao PDR Signature 29/11/2004
Acceptance 23/03/2005
Malaysia Signature 29/11/2004
Notification 31/03/2005
Myanmar Signature 29/11/2004
Notification 13/06/2005
Philippines Signature 29/11/2004
Ratification 26/07/2005
Singapore Signature 29/11/2004
Notification 17/05/2005
Thailand Signature 29/11/2004
Vietnam Signature 29/11/2004
Notification 02/04/2005
Other Country People’s Republic of China  Signature 29/11/2004 Ratification 30/06/2005
Related Instruments
Related Instruments

Agreements covered by this instrument:

General

2002 Framework Agreement on Comprehensive Economic Co-operation between ASEAN and the People’s Republic of China

2003 Protocol to Amend the Framework Agreement on Comprehensive Economic Co-Operation between the Association of South East Asian Nations and the People’s Republic of China

2006 Second Protocol to Amend the Framework Agreement on Comprehensive Economic Co-Operation between ASEAN and the People’s Republic of China

2012 Third Protocol to Amend the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China

2015 Protocol to Amend the Framework Agreement on Comprehensive Economic Co-operation and Certain Agreements thereunder between the Association of Southeast Asian Nations and the People’s Republic of China

Trade in Goods

2004 Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China

2006 Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China

2010 Second Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement for Comprehensive Economic Co-Operation between the Association of Southeast Asian Nations and the People’s Republic of China

2012 Protocol to Incorporate Technical Barriers to Trade and Sanitary and Phytosanitary Measures into the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China

Trade in Services

2007 Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China

2011 Protocol to Implement the Second Package of Specific Commitments under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China

Investment

2009 Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between the People’s Republic of China and the Association of Southeast Asian Nations

Transport

2007 Agreement on Maritime Transport between the Governments of the Member Countries of the Association of Southeast Asian Nations and the Government of the People’s Republic of China

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

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

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

External Links
Additional Information

The instrument was signed pursuant to Article 11 of the 2002 Framework Agreement on Comprehensive Economic Co-Operation between ASEAN and the People’s Republic of China on establishing appropriate formal dispute settlement procedures and mechanism.

Ratification information for this instrument is not currently available on the ASEAN Secretariat website as of the date of this update. Dates of ratification and notification given above were obtained from Treaty Room of the Ministry of Foreign Affairs of the Republic of Indonesia. 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.