| Download | |
| Summary Information | |
|---|---|
| Full Title |
2004 Protocol to Amend the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature |
| Short Title / Abbreviations |
Amending AHTN Protocol 1 (ASEAN Harmonized Tariff Nomenclature) |
| CIL Subject Classification | |
| Date of Adoption | 15/05/2004 |
| Place of Adoption | Jeju Island, Korea, ASEAN Plus Three Finance Ministers Meeting (AFMM) |
| Issued/Adopted by | Finance Ministers of ASEAN |
| Dispute settlement provisions |
Refer to 2003 Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature, Article 9 ‘Dispute Settlement’: “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 the Protocol has not been fulfilled, is not being fulfilled or may not be fulfilled; or b) any objectives of the Protocol is not being achieved or may be frustrated. 2. Any differences between Member States concerning the interpretation or application of the Protocol shall, as far as possible, be settled amicably between the Member States. If a settlement cannot be reached, the dispute shall be submitted to the ASEAN Directors-General of Customs. If a settlement still cannot be reached by the ASEAN Directors-General of Customs, the dispute shall be referred to the ASEAN Finance Ministers Meeting.” Read together with the Interpretive Notes: Article 9(1): “a. Member States are encouraged to settle their differences through consultations. If a solution cannot be reached, Member States can submit the dispute to the ASEAN Directors-General of Customs for a decision without necessarily involving the dispute settlement procedures in Article 9. b. In the interest of uniformity, settlements at the consultation level must be notified to the ASEAN Directors-General of Customs. Where applicable, such settlements shall be subject to agreement by the ASEAN Directors-General of Customs.” Article 9(2): “a. Recourse can be made to the World Customs Organisation for expert opinion on differences in the interpretation or application of the AHTN. b. The ASEAN Finance Ministers Meeting shall be the final arbiter in any dispute relating to the implementation of this Protocol.” This Protocol is 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. |
| Depository |
Secretary-General of ASEAN |
| Entry Into Force Status | In Force |
| Source |
ASEAN Secretariat - ASEAN Legal Instruments |
| Date of Entry into Force |
15/05/2004 |
| Entry into Force / Termination Provisions |
Article 3.1 ‘Final Provisions’: “This Protocol shall enter into force on the date of its signature.” |
| Status | |
| ASEAN States | |
| Brunei Darussalam |
Signature 15/05/2004 |
| Cambodia |
Signature 15/05/2004 |
| Indonesia |
Signature 15/05/2004 |
| Lao PDR |
Signature 15/05/2004 |
| Malaysia |
Signature 15/05/2004 |
| Myanmar |
Signature 15/05/2004 |
| Philippines |
Signature 15/05/2004 |
| Singapore |
Signature 15/05/2004 |
| Thailand |
Signature 15/05/2004 |
| Vietnam |
Signature 15/05/2004 |
| Related Instruments | |
| Protocols / Amendments to this instrument | |
| This instrument amends/supersedes |
2003 Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature |
| Related Instruments |
2012 ASEAN Agreement on Customs 2003 Understanding on the Criteria for Classification in the ASEAN Harmonised Tariff Nomenclature |
| External Links |
ASEAN accessed on 26/08/2022 |
