2014 Protocol 2 on Fifth Freedom Traffic Rights between Contracting Parties (ASEAN-China Air Transport Agreement)

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Full Title	2014 Protocol 2 on Fifth Freedom Traffic Rights between Contracting Parties (ASEAN-China Air Transport Agreement)
Short Title / Abbreviations	AC-ATA Prot 2 / ASEAN-China Air Transport Agreement Prot 2 / ASEAN-China Open Skies Agreement (OSA) Prot 2
CIL Subject Classification	ASEAN Documents ASEAN Economic Community Transport ASEAN External Relations China
Date of Adoption	19/11/2014
Date of Adoption Comment	This instrument was signed on separate dates by various signatories. Eight of the 11 signatories signed on 20 December 2013, and the final signature was made on 19 November 2014. See the Status field for details.
Place of Adoption	Information not available
Issued/Adopted by	Information not available
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 Member States 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	08/12/2015
Entry into Force / Termination Provisions	Article 2.3-2.4: “2.3. Each Contracting Party shall complete its relevant internal legal 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 Depositary, who shall promptly inform each Contracting Party of such deposit. 2.4. This Protocol shall enter into force on the date of deposit with the Depositary 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 20/12/2013 Ratification 21/05/2018
Cambodia	Signature 20/12/2013 Ratification 02/11/2016
Indonesia	Signature 24/01/2014 Ratification 02/01/2019
Lao PDR	Signature 20/12/2013 Ratification 24/08/2017
Malaysia	Signature 20/12/2013 Ratification 11/02/2015
Myanmar	Signature 20/12/2013 Ratification 23/06/2015
Philippines	Signature 20/12/2013 Ratification 26/05/2017
Singapore	Signature 20/12/2013 Ratification 21/01/2015
Thailand	Signature 19/11/2014 Ratification 09/06/2015
Vietnam	Signature 20/12/2013 Ratification 03/12/2015
Other Country	People's Republic of China Signature - 25 December 2013 Ratification - 08/09/2015
Related Instruments
Protocols / Amendments to this instrument	This instrument is intended to be superceded by the 2019 Protocol 3 on the Expansion of Fifth Freedom Traffic Rights between Contracting Parties
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	2010 Protocol 1 on Unlimited Third and Fourth Freedom Traffic Rights between any Points in Contracting Parties
External Links	ASEAN Secretariat accessed on 20/02/2024
Additional Information	Article 2 of 2019 Protocol 3 on the Expansion of Fifth Freedom Traffic Rights between Contracting Parties: “5. The rights and obligations among the Contracting Parties for which this Protocol has entered into force pursuant to paragraphs 3 and 4 shall supersede their rights and obligations as are provided for in the Protocol 2. 6. This Protocol shall, upon the deposit of instrument of ratification, approval, and acceptance with, or notification, to the Depositary by all Contracting Parties, replace the Protocol 2.”