2009 ASEAN Trade in Goods Agreement - Centre for International Law

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Additional Annexes	Annex-1-1.pdf Annex-2-Tariff-Schedule-Brunei-Darussalam-AHTN-2012.pdf Annex-2-Tariff-Schedule-Malaysia-AHTN-2012.pdf Annex-2-Tariff-Schedule-Myanmar-AHTN-2012.pdf Annex-2-Tariff-Schedule-Philippines-AHTN-2012.pdf Annex-2-Tariff-Schedules-Indonesia-AHTN-2012.pdf Annex-2-Tariff-Schedules-Lao-PDR-AHTN-2012.pdf Annex-2-Tariff-Schedules-Thailand-AHTN-2012.pdf Annex-2-Tariff-Schedules-Vietnam-rev-26th-AFTAC.pdf Annex-2-Tariff-Schedules-Cambodia.pdf Annex-2-Tariff-Schedules-Singapore.pdf Annex-3-Attachment-1-1.pdf Annex-3-1.pdf Annex-4-1.pdf Annex-5-1.pdf Annex-6-1.pdf Annex-7-1.pdf Annex-8-1.pdf Annex-9-1.pdf Annex-10-1.pdf Annex-11__-_List_of_Superseded_Agreements-1.pdf
Full Title	2009 ASEAN Trade in Goods Agreement
Short Title / Abbreviations	ATIGA
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Economic Ministers ASEAN Free Trade Area
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	Chapter 10 ‘Institutional Provisions’ Article 88 ‘Advisory and Consultative Mechanism’: “The ASEAN Consultations to Solve Trade and Investment Issues (ACT) and the ASEAN Compliance Monitoring Body (ACB) as contained in the Declaration on ASEAN Concord II (Bali Concord II) may be invoked to settle disputes that may arise from this Agreement. Any Member State who does not wish to avail of the ACT/ACB may resort to the mechanism provided in the ASEAN Protocol on Enhanced Dispute Settlement Mechanism.” Article 89 ‘Dispute Settlement’: “The ASEAN Protocol on Enhanced Dispute Settlement Mechanism, signed on 29 November 2004 in Vientiane, Lao PDR and amendments thereto, shall apply in relation to any dispute arising from, or any difference between Member States concerning the interpretation or application of this Agreement.” 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 all other disputes.
Depository	Secretary-General of ASEAN
Annexes	Annex 1 – List of Notifiable Measures Annex 2 – Tariff Schedules Annex 3 – Product Specific Rules Attachment for Annex 3 – Substantial Transformation Criterion for Textiles and Textile Products Annex 4 – ITA Products in AHTN 2012 Annex 5 – Principles and Guidelines for Calculating Regional Value Content on the ATIGA Annex 6 – Implementing Guidelines for Partial Cumulation under Article 30(2) on ASEAN Cumulative Rules of Origin Annex 7 – Original (Duplicate/Triplicate) Annex 7 – Original (Duplicate/Triplicate) (Revised Box 9) Annex 8 – Operational Certification Procedure for the Rules of Origin under Chapter 3 Annex 9 – List of Laws, Regulations, and Procedures for Application of SPS Measures Annex 10 –The Contact Points Designated for the Implementation of Chapter 8 on Sanitary and Phytosanitary Measures of the ASEAN Trade in Goods Agreement (ATIGA) Annex 11 – List of Superseded Agreements under Article 91(2) of ATIGA (endorsed by the 25^th AFTA Council Meeting, 10 August 2011)
Entry Into Force Status	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	17/05/2010
Entry into Force / Termination Provisions	Chapter 11 ‘Final Provisions’, Article 96(2) ‘Entry into Force’: “This Agreement shall enter into force, after all Member States have notified or, where necessary, deposited instruments of ratifications with the Secretary-General of ASEAN upon completion of their internal procedures, which shall not take more than one hundred and eighty (180) days after the signing of this Agreement.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 22/08/2022)
Brunei Darussalam	Signature 26/02/2009 Ratification 09/09/2009
Cambodia	Signature 26/02/2009 Notification 23/10/2009
Indonesia	Signature 26/02/2009 Ratification 30/03/2010
Lao PDR	Signature 26/02/2009 Ratification 14/12/2009
Malaysia	Signature 26/02/2009 Notification 16/07/2009
Myanmar	Signature 26/02/2009 Notification 28/08/2009
Philippines	Signature 26/02/2009 Ratification 18/08/2009
Singapore	Signature 26/02/2009 Notification 14/04/2009
Thailand	Signature 26/02/2009 Notification 17/05/2010
Vietnam	Signature 26/02/2009 Notification 03/07/2009
Related Instruments
Protocols / Amendments to this instrument	2019 First Protocol to Amend the ASEAN Trade in Goods Agreement 2013 Protocol to Amend Certain Economic Agreements Related to Trade in Goods 2012 Memorandum of Understanding among the Governments of the Participating Member States of the Association of Southeast Asian Nations (ASEAN) on the Second Pilot Project for the Implementation of a Regional Self-Certification System 2010 Protocol to Amend the Protocol to Provide Special Consideration for Rice and Sugar 2010 Memorandum of Understanding between the Governments of the Participating Member States of the Association of South-East Asian Nations (ASEAN) on the Pilot Project for the Implementation of a Regional Self-Certification System
This instrument amends/supersedes	The following Agreements were superseded by this Agreement pursuant to its Article 91(2) read together with its Annex 11: 2004 First Protocol to Amend the Protocol on Special Arrangements for Sensitive and Highly Sensitive Products 2004 Protocol to Amend the Basic Agreement on the ASEAN Industrial Cooperation Scheme 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 Protocol Regarding the Implementation of the CEPT Scheme Temporary Exclusion Lis t 1999 Protocol on Special Arrangements for Sensitive and Highly Sensitive Products 1996 Basic Agreement on the ASEAN Industrial Cooperation Scheme 1995 Protocol to Amend the ASEAN Preferential Trading Arrangements 1995 Protocol to Amend the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area 1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area 1987 Protocol on Improvements on Extension of Tariff Preference under the ASEAN Preferential Trading Arrangements 1977 Agreement on the ASEAN Preferential Trading Arrangements Note: Annex 11 indicates that the list was approved by the ASEAN Free Trade Area Council on 10 August 2011. Annex 11 does not specify the date of termination of the above agreements except for those asterisked (see below). 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. ** A footnote in Annex 11 states that the superseding of the 1996 Basic Agreement on the ASEAN Industrial Cooperation Scheme and its 2004 Protocol to Amend the Basic Agreement on the ASEAN Industrial Cooperation Scheme shall take effect three (3) months after date of entry into force of the Protocol to Amend Certain Economic Agreements related to Trade in Goods, i.e. superseded on 10 December 2014.
Related Instruments	This Agreement incorporates the following ASEAN instruments or certain provisions thereof: 2009 Work Programme under the Initiative for ASEAN Integration 2009 ASEAN Trade Facilitation Framework 2007-2015 ASEAN Trade Facilitation Work Programme 2007 Protocol to Provide Special Consideration for Rice and Sugar 2006 Protocol to Establish and Implement the ASEAN Single Window 2005 Agreement on the ASEAN Harmonized Electrical and Electronic Equipment Regulatory Regime 2005 Agreement to Establish and Implement the ASEAN Single Window 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism 2004 ASEAN Framework Agreement for the Integration of Priority Sectors 2003 Agreement on the ASEAN Harmonized Cosmetic Regulation Scheme 2003 Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature 2002 ASEAN Sectoral Recognition Arrangement on Electrical and Electronic Equipment 2000 e-ASEAN Framework Agreement 1998 ASEAN Framework Agreement on Mutual Recognition Arrangements This Agreement incorporates the following international instruments or certain provisions thereof: 1996 Ministerial Declaration on Trade in Information Technology Products adopted in the Ministerial Conference of the WTO 1994 Agreement on Sanitary and Phytosanitary Measures (WTO) 1994 Agreement on Safeguards (WTO) 1994 Agreement on Implementation of Article VI of General Agreement on Tariffs and trade (WTO) 1994 Agreement on Subsidies and Countervailing Measures (WTO) 1994 Agreement on Import Licensing Procedures (WTO) 1994 Agreement establishing the World Trade Organisation (WTO) 1994 General Agreement on Trade and Tariffs (WTO) 1994 Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (WTO) 1994 Agreement on Technical Barriers to Trade (WTO) 1945 Articles of Agreement of the International Monetary Fund (UN) Related Instruments: 2016 ASEAN Trade Facilitation Framework 2012 ASEAN Agreement on Customs 1997 ASEAN Agreement on Customs 1995 Agreement on Agriculture (WTO)
External Links	ASEAN Secretariat accessed on 22/08/2022
Additional Information	Note Article 91 ‘Relation to Other Agreements’: “1. Subject to paragraph 2 of this Article, all ASEAN economic agreements that exist before the entry into force of ATIGA shall continue to be valid. 2. Member States shall agree on the list of agreements to be superseded within six (6) months from the date of entry into force and such list shall be administratively annexed to this Agreement and serve as an integral part of this Agreement. 3. In case of inconsistency between this Agreement and any ASEAN economic agreements that are not superseded under paragraph 2 of this Article, this Agreement shall prevail.” Note Article 92 ‘Amended or Successor International Agreements’: “If any international agreement or a provision therein referred to, or incorporated into, this Agreement, and such agreement or provision is amended, the Member States shall consult on whether it is necessary to amend this Agreement, unless this Agreement provides otherwise.” Note Article 93 ‘Annexes, Attachments and Future Instruments’: “1. The Annexes and Attachments to this Agreement shall form an integral part of this Agreement. 2. Member States may adopt legal instruments in the future pursuant to the provisions of this Agreement. Upon their respective entry into force, such instruments shall form part of this Agreement.” Note Article 97 ‘Reservations’: “No reservations shall be made with respect to any of the provisions of this Agreement.” Dates of ratification and notification 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/notification, rather than their date of receipt by the depository.