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Summary Information
Full Title

1996 Protocol to Amend the 1987 Agreement Among the Governments of Brunei Darussalam, Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand for the Protection and Promotion of Investments

Short Title / Abbreviations

IGA Protocol/Protocol to the ASEAN Agreement for the Promotion and Protection of Investments

CIL Subject Classification
Date of Adoption 12/09/1996
Place of Adoption Jakarta, Indonesia, 28th ASEAN Economic Ministers (AEM) Meeting
Issued/Adopted by Economic Ministers of ASEAN
Dispute settlement provisions

This was one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 1996 Protocol on Dispute Settlement Mechanism read together with its Appendix 1. Subsequently, this was also 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).

Entry Into Force Status Terminated
Source

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

Date of Termination

24/02/2012

Entry into Force / Termination Provisions

Article 7: “This Protocol shall enter into force on the date of deposit of the instruments 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 October 2012

as of 01/10/2012)
Brunei Darussalam Signature 12/09/1996
Ratification 05/06/1999
Cambodia Accession 30/04/1999
Indonesia Signature 12/09/1996
Ratification 13/01/2000
Lao PDR Accession 23/07/1997
Malaysia Signature 12/09/1996
Ratification 12/09/1996
Myanmar Accession 23/07/1997
Philippines Signature 12/09/1996
Ratification 22/11/2005
Singapore Signature 12/09/1996
Ratification 19/05/1997
Thailand Signature 12/09/1996
Ratification 07/01/1997
Vietnam Signature 12/09/1996
Acceptance 22/01/1997
Related Instruments
Protocols / Amendments to this instrument

This agreement was terminated upon the entry into force of the 2009 ASEAN Comprehensive Investment Agreement

This instrument amends/supersedes

1987 Agreement Among the Governments of Brunei Darussalam, Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the kingdom of Thailand for the Promotion and Protection of Investments

Related Instruments

1992 Framework Agreement on Enhancing ASEAN Economic Cooperation

1998 Framework Agreement on the ASEAN Investment Area

2001 Protocol to Amend the Framework Agreement on the ASEAN Investment Area

2014 Protocol to Amend the ASEAN Comprehensive Investment Agreement

2017 Second Protocol to Amend the ASEAN Comprehensive Investment Agreement

2017 Third Protocol to Amend the ASEAN Comprehensive Investment Agreement

2020 Fourth Protocol to Amend the ASEAN Comprehensive Investment Agreement

2021 ASEAN Investment Facilitation Framework

External Links
Additional Information

This Agreement was signed by the Economic Ministers of Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore, Thailand and Vietnam.

Lao PDR acceded to this Agreement pursuant to the 1997 Protocol for the Accession of the Lao People’s Democratic Republic to ASEAN Agreements.

Myanmar acceded to this Agreement pursuant to the 1997 Protocol for the Accession of the Union of Myanmar to ASEAN Agreements.

Cambodia acceded to this Agreement pursuant to the 1999 Protocol for the Accession of the Kingdom of Cambodia to ASEAN Agreements.

Note Article 1:

“The title of this Agreement shall be amended to read as “The ASEAN Agreement for the Promotion and Protection of Investments.”

Note Article 12.1 of the 1998 Framework Agreement on the ASEAN Investment Area, ‘Other Agreements’:

“Member States affirm their existing rights and obligations under the 1987 Agreement Among the Governments of Brunei Darussalam, Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the kingdom of Thailand for the Protection and Promotion of Investments and its 1996 Protocol. In the event that this Agreement provides for better or enhanced provisions over the said Agreement and its Protocol, then such provisions of this Agreement shall prevail.”

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.