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Summary Information
Full Title

2010 Protocol to Amend the Protocol to Provide Special Consideration for Rice and Sugar

CIL Subject Classification
Date of Adoption 28/10/2010
Place of Adoption Ha Noi, Vietnam, 17th ASEAN Summit
Issued/Adopted by Economic Ministers of ASEAN
Dispute settlement provisions

As Article 24 of the 2009 ASEAN Trade in Goods Agreement (ATIGA) states that “The Protocol to Provide Special Consideration for Rice and Sugar signed on 23 August 2007 shall form an integral part of this Agreement”, the dispute settlement provisions of the 2009 ATIGA will apply.

ATIGA Article 89 ‘Dispute Settlement’:

“The ASEAN Protocol on Enhanced Dispute Settlement Mechanism, signed on 29 November 2004 in Vientiane, Lao PDR and amendments thereto, shall apply in relation to any dispute arising from, or any difference between Member States concerning the interpretation or application of this Agreement.”

This Protocol is one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix 1. 

This Agreement 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, as well as one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix I.”

The 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022). Likewise, 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.

Depository

Secretary-General of ASEAN

Entry Into Force Status In Force
Source

ASEAN Legal Instruments

Date of Entry into Force

28/10/2010

Entry into Force / Termination Provisions

Article 3.1: “This Protocol to Amend the Protocol to Provide Special Consideration for Rice and Sugar shall enter into force upon signature.”

Status
ASEAN States
Brunei Darussalam Signature 28/10/2010
Cambodia Signature 28/10/2010
Indonesia Signature 28/10/2010
Lao PDR Signature 28/10/2010
Malaysia Signature 28/10/2010
Myanmar Signature 28/10/2010
Philippines Signature 28/10/2010
Singapore Signature 28/10/2010
Thailand Signature 28/10/2010
Vietnam Signature 28/10/2010
Related Instruments
This instrument amends/supersedes

2009 ASEAN Trade in Goods Agreement

2007 Protocol to Provide Special Consideration for Rice and Sugar

2003 Protocol to Amend the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area for the Elimination of Import Duties

1995 Protocol to Amend the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

Related Instruments

1994 General Agreement in Tariffs and Trade

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