1997 ASEAN Agreement on Customs - Centre for International Law

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Full Title	1997 ASEAN Agreement on Customs
Short Title / Abbreviations	1997 Customs Agreement
CIL Subject Classification	ASEAN Documents ASEAN Economic Community Customs ASEAN Free Trade Area
Date of Adoption	01/03/1997
Place of Adoption	Phuket, Thailand, 1st ASEAN Finance Ministers’ Meeting (AFMM)
Issued/Adopted by	Finance Ministers of ASEAN
Dispute settlement provisions	Article 9 ‘Consultations and Settlement of Disputes’: “1. Member States shall, at the written request of a Member State, enter into consultations with a view to seeking a prompt, equitable and mutually satisfactory solution, if that Member State considers that: a. an obligation under this Agreement has not been fulfilled, is not being fulfilled, or may not be fulfilled; or, b. any objective of this Agreement is not being achieved or may be frustrated. 2. Any differences between Member States concerning the interpretation or application of this Agreement shall, as far as possible, be settled amicably between the parties. If a settlement between the parties cannot be reached, the dispute shall be submitted to the ASEAN Directors-General of Customs for settlement. If any such differences cannot be settled, it shall be subjected to the [1996 Protocol on] Dispute Settlement Mechanism of ASEAN.” This Agreement was previously 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 2004 Protocol will only apply with respect to disputes that arose after its entry into force (29 November 2004).
Depository	Secretary-General of ASEAN
Entry Into Force Status	Superseded
Source	ASEAN Secretariat - ASEAN Legal Instruments, ASEAN Secretariat Table of ASEAN Treaties/Agreements and Ratification (As of October 2012)
Date of Entry into Force	14/07/2004
Date of Termination	07/11/2014
Entry into Force / Termination Provisions	Article 13.6 ‘Final Provisions’: “This Agreement shall enter into force upon the signing and deposit of instrument of ratification or acceptance by all signatory governments with the Secretary-General of ASEAN.”
Status
ASEAN States	(Source: ASEAN Secretariat Table of ASEAN Treaties/Agreements and Ratification as of 01/10/2012)
Brunei Darussalam	Signature 01/03/1997 Ratification 05/06/1999
Cambodia	Accession 30/04/1999
Indonesia	Signature 01/03/1997 Ratification 11/09/1998
Lao PDR	Accession 23/07/1997
Malaysia	Signature 01/03/1997 Ratification 05/08/2003
Myanmar	Accession 23/07/1997
Philippines	Signature 01/03/1997 Ratification 19/11/1999
Singapore	Signature 01/03/1997 Ratification 30/05/1997
Thailand	Signature 01/03/1997 Ratification 18/07/1997
Vietnam	Signature 01/03/1997 Ratification 14/07/2004
Related Instruments
Protocols / Amendments to this instrument	Superseded by the 2012 ASEAN Agreement on Customs pursuant to Article 63.3 of the latter.
Related Instruments	2009 ASEAN Trade in Goods Agreement 2008 Common Effective Preferential Tariff Package 2005 Agreement to Establish and Implement the ASEAN Single Window 2003 Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature 1998 ASEAN Framework Agreement on the Facilitation of Goods in Transit 1995 ASEAN Customs Code of Conduct 1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area 1992 Framework Agreement on Enhancing ASEAN Economic Cooperation 1977 Agreement on the ASEAN Preferential Trading Arrangements The following international instruments were referred to in this Agreement: 1994 General Agreement on Tariffs and Trade (WTO) 1994 Agreement establishing the World Trade Organisation and the World Customs Organisation 1994 GATT Valuation Agreement
External Links	ASEAN accessed on 29/08/2022
Additional Information	Ratification information for this instrument is not available on the current ASEAN Secretariat Legal Instruments website. Details above are taken from the last published information on this instrument.