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

1992 CEPT-AFTA Agreement

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Article 8 ‘Consultations’:

“1. Member States shall accord adequate opportunity for consultations regarding any representations made by other Member States with respect to any matter affecting the implementation of this Agreement. The Council referred to in Article 7 of this Agreement, may seek guidance from the AEM in respect of any matter for which it has not been possible to find a satisfactory solution during previous consultations.

2. Member States, which consider that any other Member State has not carried out its obligations under this Agreement, resulting in the nullifications or impairment of any benefit accruing to them, may, with a view to achieving satisfactory adjustment of the matter, make representations or proposal to the other Member States concerned, which shall give due consideration to the representations or proposal made to it.

3. Any differences between the Member States concerning the interpretation or application of this Agreement shall, as far as possible, be settled amicably between the parties. If such differences cannot be settled amicably, it shall be submitted to the Council referred to in Article 7 of this Agreement, and, if necessary, to the AEM.”

This Agreement was 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. It 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. 

Secretary-General of the ASEAN Secretariat

ASEAN Legal Instruments

28/01/1992

Article 10.3 ‘Final Provisions’: “This Agreement shall be effective upon signing.”

Superseded by

2009 ASEAN Trade in Goods Agreement Art 91(2) read together with its Annex 11.  See additional information below.

2000 e-ASEAN Framework Agreement  (certain measures only)

Amendments

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

Implementing Protocols

2007 Protocol to Provide Special Consideration for Rice and Sugar

2004 ASEAN Framework Agreement for the Integration of Priority Sectors

2000 Protocol Regarding the Implementation of the CEPT Scheme Temporary Exclusion List

1999 Protocol on Special Arrangements for Sensitive and Highly Sensitive Products

1995 Protocol to Amend the Agreement on ASEAN Preferential Trading Arrangements

1977 Agreement on the ASEAN Preferential Trading Arrangements (See 1992 CEPT Articles 2.5 and 2.6, the CEPT schedule shall apply to certain PTA items)

2003 Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature

1999 Chairman’s Press Statement on 3rd ASEAN Informal Summit (see paragraph 12)

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

1998 Protocol on Notification Procedures

1997 ASEAN Agreement on Customs

1995 ASEAN Framework Agreement on Services

1992 Framework Agreement on Enhancing ASEAN Economic Cooperation

1976 Declaration of ASEAN Concord

ASEAN accessed on 25/04/2023

Vietnam acceded to this Agreement pursuant to the 1995 Protocol for the Accession of Socialist Republic of Vietnam to the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area.

Note: Article 3 ‘Product Coverage’ and its subsequent amendment by Article 2 of the 1995 Protocol to Amend the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area:

“This Agreement shall apply to all manufactured products, including capital goods, processed agricultural products, and those products failing outside the definition of agricultural products as set out in this Agreement.  Agricultural products shall be excluded from the CEPT Scheme.” (CIL Emphasis)

Amendment: “This Agreement shall apply to all manufactured products including capital goods, and agricultural products.”

The CEPT creates a scheme of tariff schedules for products specified in Article 3. For products under the 1977 Agreement on the ASEAN Preferential Trading Arrangements  that are not in the list of the CEPT Scheme, the Margin of Preference existing as at 31 December 1992 will apply pursuant to Article 2.6 of this Agreement as amended by the 1995 Protocol to Amend the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area.

Note on date of termination of this agreement: This Agreement and its Protocols have been superseded pursuant to Article 91(2) of the 2009 ASEAN Trade in Goods Agreement read together with its Annex 11.  Annex 11  was approved by the ASEAN Free Trade Area Council on 10 August 2011, but the Annex does not specify the date of termination of this agreement. It is unclear if the termination is retroactive to the date of entry into force of the 2009 ASEAN Trade in Goods Agreement on 17 May 2010.