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

AIP Copper Fabrication/Philippines (Draft)

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  • ASEAN Economic Community
    • Industry

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 possible 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.”

The 1980 Basic Agreement on ASEAN Industrial Projects 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.

Article 8.1: “This Agreement shall enter into force on the thirtieth day after deposit of the Fifth Instrument of Ratification.”

This draft agreement was to have been one of five envisioned 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)

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

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 07/11/2025

This proposal for this joint venture project and the text of this agreement was approved and initialled by the ASEAN Economic Ministers in November 1982. According to the practice of the time, the agreement was then to have been sent on for signing by the Foreign Ministers of ASEAN, who formally acknowledged all agreements. The text reproduced here was never adopted officially and is based on a draft archived by the ASEAN Secretariat Resource Centre.