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Summary Information
Full Title

2009 ASEAN Sectoral Mutual Recognition Agreement on Good Manufacturing Practice (GMP) Inspection of Manufacturers of Medicinal Products

Short Title / Abbreviations

ASEAN Sectoral MRA on GMP Inspection of Manufacturers of Medicinal Products

CIL Subject Classification
Date of Adoption 10/04/2009
Place of Adoption Pattaya, Thailand, 15th ASEAN Summit
Issued/Adopted by Economic Ministers of ASEAN
Dispute settlement provisions

Article 17 ‘Dispute Settlement’:

“The ASEAN Protocol on Enhanced Dispute Settlement Mechanism done at Vientiane, Lao PDR on 29 November 2004, shall apply to dispute concerning the interpretation, implementation, and/or application of any of the provision under this Sectoral MRA.”

Article 11.3 ‘Implementation’:

“If a Party decides not to accept the inspection report of a Listed Inspection Service, it shall provide the necessary clarification of its reasons to the Party whose Inspection Service had furnished the inspection report. Any dispute arising from the non-acceptance of an inspection report by a Listed Inspection Service shall be brought by the aggrieved Party to the JSC for deliberation, whose decision shall bind the Parties to the dispute.”

This Arrangement 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. The 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022).

Depository

Secretary-General of ASEAN

Entry Into Force Status In Force
Source

ASEAN Secretariat

Date of Entry into Force

10/04/2009

Entry into Force / Termination Provisions

Article 19.4 ‘Final Provisions’: “This Sectoral MRA shall enter into force on the date of its signature.”

Status
ASEAN States (Source:

ASEAN Legal Instruments

as of 29/09/2022)
Brunei Darussalam Signature 10/04/2009
Cambodia Signature 10/04/2009
Indonesia Signature 10/04/2009
Lao PDR Signature 10/04/2009
Malaysia Signature 10/04/2009
Myanmar Signature 10/04/2009
Philippines Signature 10/04/2009
Singapore Signature 10/04/2009
Thailand Signature 10/04/2009
Vietnam Signature 10/04/2009
Related Instruments
This instrument amends/supersedes

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

Related Instruments

2004 ASEAN Framework Agreement for the Integration of Priority Sectors

2004 ASEAN Sectoral Integration Protocol for Healthcare

External Links
Additional Information

Note Article 19.3 ‘Final Provisions’:

“Member States shall make no reservations with respect to any of the provisions of this Sectoral MRA.”

Note Article 16 ‘Rights and Obligations under Existing International Agreements or Conventions’:

“This Sectoral MRA or any actions taken thereto shall not affect the rights and obligations of any Party under any existing international agreements or conventions to which it is also a signatory or a party.”

Note Article 15 ‘Confidentiality’:

“1. Parties shall maintain, to the extent permitted under their national laws and regulations the confidentiality of information exchanged under this Sectoral MRA.

2. Parties shall take all reasonable and necessary precautions to protect information exchanged under this Sectoral MRA from unauthorised disclosure.

3. An importing Party shall not require the designated Inspection Service of an exporting Party to disclose a manufacturer’s proprietary information, except to the extent necessary to demonstrate conformity with the importing Party’s mandatory requirements.

4. Parties agree that the provisions of this Article shall continue to be binding between the Parties notwithstanding the withdrawal or termination of a Listed Inspection Service in accordance to Article 12.”