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

2012 ACFTA Protocol 3/CAFTA Protocol 3/to amend the ASEAN-China Framework Agreement on Comprehensive Economic Cooperation

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This instrument is a covered agreement in the 2004 Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-operation between ASEAN and the People’s Republic of China, which provides that the latter “shall apply to disputes arising under the [2002 Framework Agreement on Comprehensive Economic Co-Operation between ASEAN and the People’s Republic of China] which shall also include the Annexes and the contents therein”, as well as future legal instruments agreed pursuant to the Framework Agreement unless where the context otherwise provides (Article 2).

Secretary-General of ASEAN

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ASEAN Secretariat

01/01/2013

Article 3: Entry into Force

“1. This Protocol shall enter into force on 1 January 2013.

2. The Parties shall undertake to complete their internal procedures for the entry into force of this Protocol prior to 1 January 2013.

3. A Party shall, upon the completion of its internal procedures for the entry into force of this Protocol, notify all the other Parties in writing.

4. Where a Party is unable to complete its internal procedures for the entry into force of this Protocol by 1 January 2013, the rights and obligations of that Party under this Protocol shall commence on the date of the Party’s written notification to all the other Parties that it has completed its internal procedure for the entry into force of this Protocol.”

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

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

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

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

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

ASEAN accessed on 23/02/2024

This instrument substitutes Article 12 (Institutional Provisions), and creates the ASEAN-China Free Trade Area Joint Committee (ACFTA –JC) “as the permanent body assisting the ASEAN Economic Ministers and the Minister of Commerce of China (hereinafter referred to as “AEM-MOFCOM”) in ensuring the effective operation and implementation of this Agreement and any other Agreements/legal instruments concluded or to be concluded under this agreement.” (Article 12.1)

Ratification information is not currently available on the ASEAN Secretariat website as of the time of this update. Dates of ratification and notification given above for Indonesia and the Philippines were obtained from Treaty Room of the Ministry of Foreign Affairs of the Republic of Indonesia, while the remaining were accessed on the ASEAN Secretariat Resource Centre website on the date listed above. 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.