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Summary Information
Full Title

2010 Protocol 1 on Unlimited Third and Fourth Freedom Traffic Rights between Any Points in Contracting Parties (ASEAN-China Air Transport Agreement)

Short Title / Abbreviations

AC-ATA Prot 1 / ASEAN China Open Skies Agreement (OSA) Prot 1 / ASEAN-China Air Transport Agreement Prot 1

CIL Subject Classification
Date of Adoption 12/11/2010
Date of Adoption Comment This instrument was signed by nine ASEAN member states on 12 November 2010 in Bandar Seri Begawan, Brunei Darussalam, by China on 19 November 2010 and Thailand on 13 January 2011.
Place of Adoption Bandar Seri Begawan, Brunei Darussalam; information on other locations not available
Issued/Adopted by Transport Ministers of ASEAN and Administrator, Civil Aviation Administration of China
Dispute settlement provisions

Pursuant to Article 1(3) and Annex III of the 2010 Air Transport Agreement between the Governments of the Association of Southeast Asian Nations and the Government of the People’s Republic of China, this Protocol is one of the “Implementing Protocols which shall form integral parts” of the former.

Thus Article 21 (Settlement of Disputes) of the 2010 Air Transport Agreement between the Governments of the Association of Southeast Asian Nations and the Government of the People’s Republic of China applies: “Should any dispute between the Contracting Parties arise, the aeronautical authorities of the Contracting Parties involved shall seek to resolve the dispute through consultation. In the event that no agreement is reached, it shall be settled through diplomatic channels.”

Depository

Secretary-General of ASEAN

Entry Into Force Status In Force
Source

CIL calculation based on ratification information in the ASEAN Transport Agreements and Status of Ratification (19/02/2024)

Date of Entry into Force

13/09/2011

Entry into Force / Termination Provisions

Article 3: Final Provisions

“2. Each Contracting Party shall complete its relevant internal procedures necessary for the entry into force of this Protocol. After the completion of its internal legal procedures, each Contracting Party shall give written notification to the Depository, who shall promptly inform each Contracting Party of such deposit.

3. This Protocol shall enter into force on the date of deposit with the Depository of:

(a) the written notification from China; and

(b) written notifications from at least two ASEAN Member States;

whichever date is later, and shall enter into force only among the Contracting Parties that have deposited their written notifications. For each of the Contracting Parties depositing their written notifications after the Protocol has entered into force, the Protocol shall enter into force for that Contracting Party on the date of deposit of its written notification.”

Status
ASEAN States (Source:

ASEAN Secretariat: ASEAN Transport Agreements and Status of Ratification

as of 19/02/2024)
Brunei Darussalam Signature 12/11/2010
Ratification 09/04/2013
Cambodia Signature 12/11/2010
Ratification 02/11/2016
Indonesia Signature 12/11/2010
Ratification 12/04/2016
Lao PDR Signature 12/11/2010
Ratification 24/08/2017
Malaysia Signature 12/11/2010
Ratification 24/06/2011
Myanmar Signature 12/11/2010
Ratification 20/06/2012
Philippines Signature 12/11/2010
Ratification 07/02/2017
Singapore Signature 12/11/2010
Ratification 09/06/2011
Thailand Signature 13/01/2011
Ratification 13/09/2011
Vietnam Signature 12/11/2010
Ratification 09/11/2011
Other Country People's Republic of China  Signature 19 November 2010 Ratification 09/08/2011
Related Instruments
This instrument amends/supersedes

2010 Air Transport Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the People’s Republic of China

Related Instruments

2014 Protocol 2 on Fifth Freedom Traffic Rights between Contracting Parties

2019 Protocol 3 on the Expansion of Fifth Freedom Traffic Rights between Contracting Parties

External Links
Additional Information

This instrument was signed by the People’s Republic of China on 19 November 2010 and Thailand on 13 January 2011.