| Download | |
| Additional Annexes | |
| Summary Information | |
|---|---|
| Full Title |
2009 ASEAN Comprehensive Investment Agreement |
| Short Title / Abbreviations |
ACIA |
| CIL Subject Classification | |
| Date of Adoption | 26/02/2009 |
| Place of Adoption | Cha-am, Thailand, 14th ASEAN Summit |
| Issued/Adopted by | Economic Ministers of ASEAN |
| Dispute settlement provisions |
Article 27 ‘Disputes Between or Among Member States’: “The ASEAN Protocol on Enhanced Dispute Settlement Mechanism signed in Vientiane, Lao PDR on 29 November 2004, as amended, shall apply to the settlement of disputes concerning the interpretation or application of this Agreement.”
Article 43 ‘Consultations by Member States’: “The Member States agree to consult each other at the request of any Member State on any matter relating to investments covered by this Agreement, or otherwise affecting the implementation of this Agreement.” For an Investment dispute between a Member State and an Investor, see Section B ‘Investment Dispute between an Investor and a Member State’.”
This Agreement is one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix 1. This Agreement was previously 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 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022). The 2004 Protocol applies to other disputes. |
| Depository |
Secretary-General of ASEAN |
| Annexes |
Annex 1 – Approval in Writing Annex 2 – Expropriation and Compensation Annex 3 – Procedures for Amendment or Modification of Reservations (Pursuant to Article 4 ‘Insertion of Annex 3 to the ACIA’ of the 2014 Protocol to Amend the ASEAN Comprehensive Agreement. For the text of Annex 3 please see the 2014 Protocol.) ACIA Schedule
ACIA Schedule – Revised Reservation Lists
Modality for the Elimination/Improvement of Investment Restrictions and Impediments in ASEAN Member States |
| Entry Into Force Status | In Force |
| Source |
ASEAN Legal Instruments |
| Date of Entry into Force |
24/02/2012 |
| Entry into Force / Termination Provisions |
Article 48.1 ‘Entry into Force’: “This Agreement shall enter into force after all Member States have notified or, where necessary, deposited instruments of ratification with the Secretary-General of ASEAN, which shall not take more than 180 days after the signing of this Agreement.” |
| Status | |
| ASEAN States | (Source: as of 22/08/2022) |
| Brunei Darussalam |
Signature 26/02/2009 Ratification 09/09/2009 |
| Cambodia |
Signature 26/02/2009 Ratification 27/10/2009 |
| Indonesia |
Signature 26/02/2009 Ratification 21/09/2011 |
| Lao PDR |
Signature 26/02/2009 Ratification 24/02/2012 |
| Malaysia |
Signature 26/02/2009 Notification 16/07/2009 |
| Myanmar |
Signature 26/02/2009 Notification 25/08/2009 |
| Philippines |
Signature 26/02/2009 Ratification 26/10/2009 |
| Singapore |
Signature 26/02/2009 Notification 02/04/2009 |
| Thailand |
Signature 26/02/2009 Ratification 28/12/2011 |
| Vietnam |
Signature 26/02/2009 Ratification 12/08/2009 |
| Related Instruments | |
| Protocols / Amendments to this instrument |
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 |
| This instrument amends/supersedes |
1998 Framework Agreement on the ASEAN Investment Area 2001 Protocol to Amend the Framework Agreement on the ASEAN Investment Area |
| Related Instruments | |
| External Links |
ASEAN accessed on 22/08/2022 |
| Additional Information |
An overview of the 2009 ACIA, its protocols and a searchable database of reservations is maintained by the ASEAN Secretariat on its ASEAN Investment website (link accessed on 22/08/2022). Dates of ratification and accession given above were obtained from the ASEAN Secretariat’s Legal Instruments website and its electronic collection of instruments of ratification, accession and notification. Some of the dates given appear to be the dates of execution of the instruments of ratification/accession, rather than their date of receipt by the depository.
Note Article 47 ‘Transitional Arrangements Relating to the ASEAN IGA and the AIA Agreement’: “1. Upon the entry into force of this Agreement, the ASEAN IGA and the AIA Agreement shall be terminated. 2. Notwithstanding the termination of the AIA Agreement, the Temporary Exclusion List and the Sensitive List to the AIA Agreement shall apply to the liberalisation provisions of the ACIA, mutatis mutandis, until such time that the Reservation List of ACIA comes into force. 3. With respect to investments falling within the ambit of this Agreement as well as under the ASEAN IGA, or within the ambit of this Agreement and the AIA Agreement, investors of these investments may choose to apply the provisions, but only in its entirety, of either this Agreement or the ASEAN IGA or the AIA Agreement, as the case may be, for a period of 3 years after the date of termination of the ASEAN IGA and the AIA Agreement.”
Note Article 9.2 ‘Reservations’: “Each Member State shall submit its reservation list to the ASEAN Secretariat for the endorsement of the AIA Council within 6 months after the date of signing of this Agreement. This list shall form a Schedule to this Agreement.” |
