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Summary Information
Full Title

Protocol to Amend the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

Short Title / Abbreviations

1995 CEPT Protocol

CIL Subject Classification
Date of Adoption 15/12/1995
Place of Adoption Bangkok, Thailand, 5th ASEAN Summit
Issued/Adopted by Economic Ministers of ASEAN
Dispute settlement provisions

Article 8 ‘Consultations’ of the 1992 CEPT-AFTA Agreement:

“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.”

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

Depository

Secretary-General of ASEAN

Entry Into Force Status Superseded
Source

ASEAN Legal Instruments, ASEAN Secretariat Table of ASEAN Treaties/Agreements and Ratification (As of October 2012), Analysis by CIL

Date of Entry into Force

01/01/1996

Entry into Force / Termination Provisions

(exact entry into force date not available; latest 1 January 1996 pursuant to Article 5)

Article 5: “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:

ASEAN Secretariat Table of ASEAN Treaties/Agreements and Ratification

as of 01/10/2012)
Brunei Darussalam Signature 15/12/1995
Ratification 05/06/1999
Cambodia Accession 30/04/1999
Indonesia Signature 15/12/1995
Ratification 30/12/1995
Lao PDR Accession 23/07/1997
Malaysia Signature 15/12/1995
Myanmar Accession 23/07/1997
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 Accession 01/01/1996
Related Instruments
Protocols / Amendments to this instrument

Superseded by the 2009 ASEAN Trade in Goods Agreement pursuant to Article 91(2) of the latter read together with its Annex 11.  See additional information below.

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

This instrument amends/supersedes

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

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

2000 e-ASEAN Framework Agreement

1998 Protocol on Notification Procedures

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

1997 ASEAN Agreement on Customs

1995 ASEAN Framework Agreement on Services

External Links
Additional Information

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 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 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