1995 Protocol to Amend the Agreement on ASEAN Preferential Trading Arrangements

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Full Title	1995 Protocol to Amend the Agreement on ASEAN Preferential Trading Arrangements
Short Title / Abbreviations	1995 Protocol to Amend the PTA / 1995 PTA Protocol
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Economic Ministers ASEAN Free Trade Area Industry
Date of Adoption	15/12/1995
Place of Adoption	Bangkok, Thailand at the 5th ASEAN Summit
Issued/Adopted by	Economic Ministers of ASEAN
Dispute settlement provisions	Annex 2 Rule 22 ‘Settlement of Disputes’ – Operational Certification Procedures for the Rules of Origin of the ASEAN Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area: “(a) In the case of a dispute concerning the origin determination, classification of products or other matters, the Government authorities concerned in the importing and exporting Member States shall consult each other with a view to resolving the dispute, and the result shall be reported to the other Member States for information. (b) In the case of where no settlement can be reached bilaterally, the issue concerned shall be decided by the SEOM.” This was a covered agreement by the 1996 Protocol on Dispute Settlement Mechanism. Previously, it was also a “covered agreement” under Appendix I of the 2004 Protocol on Enhanced Dispute Settlement Mechanism and Article 24.3 of the 2007 ASEAN Charter which provides that “[w]here not otherwise specifically provided, disputes which concern the interpretation or application of ASEAN economic agreements shall be settled in accordance with the [2004] ASEAN Protocol on Enhanced Dispute Settlement Mechanism.”
Depository	Secretary-General of ASEAN
Annexes	Annex 1 – Rules of Origin for the CEPT Annex 2 – Operational Certification Procedures for the Rules of Origin of the ASEAN Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area Note Paragraph 1: “Annex 1 of the Agreement on “Rules of Origin for the ASEAN Preferential Trading Arrangements”, previously amended by the Protocol on Improvements on Extension of Tariff Preferences under the ASEAN Preferential Trading Arrangements signed in Manila on 15 December 1987, and the “Operational Certification Procedures for the Rules of Origin of the ASEAN Preferential Trading Arrangements” shall be substituted with the “Rules of Origin for the Common Effective Preferential Tariff (CEPT)” Scheme for the ASEAN Free Trade Area and the “Operational Certification Procedures for the Rules of Origin of the ASEAN Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area” set out in ANNEX 1 and ANNEX 2 respectively which shall form an integral part of this Protocol.”
Entry Into Force Status	Superseded
Source	ASEAN Legal Instruments
Date of Entry into Force	05/06/1999
Entry into Force / Termination Provisions	“This Protocol shall enter into force upon the deposit of Instruments of Ratification or Acceptance by all signatory governments with the Secretary-General of ASEAN which shall be done not later than 1 January 1996.”
Status
ASEAN States	(Source: Table of ASEAN Treaties/Agreements and Ratification as of October 2o12 – see entry no. 284. as of 01/10/2012)
Brunei Darussalam	Signature 15/12/1995 Ratification 05/06/1999
Cambodia
Indonesia	Signature 15/12/1995 Ratification 30/12/1995
Lao PDR
Malaysia	Signature 15/12/1995 Ratification 05/02/2014
Myanmar
Philippines	Signature 15/12/1995 Ratification 18/03/1996
Singapore	Signature 15/12/1995 Ratification 29/12/1995
Thailand	Signature 15/12/1995 Ratification 28/12/1995
Vietnam
Related Instruments
Protocols / Amendments to this instrument	This Protocol has been superseded pursuant to Article 91(2) of the 2009 ASEAN Trade in Goods Agreement read together with its Annex 11. See additional information below.
This instrument amends/supersedes	1987 Protocol on Improvements on Extension of Tariff Preference under the ASEAN Preferential Trading Arrangements 1977 Agreement on the ASEAN Preferential Trading Arrangements
Related Instruments	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
External Links	ASEAN accessed on 19/08/2022
Additional Information	Note on date of termination of this agreement: This Protocol 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 25th ASEAN Free Trade Area Council Meeting 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. Dates of ratification and notification given above were obtained from the ASEAN Secretariat Resource Centre website and its electronic collection of instruments of ratification, accession and notification. Some of the dates given appear to be the dates of the instruments of ratification/notification, rather than their date of receipt by the depository.