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2015-ACFTA-Upgrade-Prot-Annexes-1.zip

Summary Information
Full Title

2015 Protocol to Amend the Framework Agreement on Comprehensive Economic Co-operation and Certain Agreements thereunder between the Association of Southeast Asian Nations and the People’s Republic of China

Short Title / Abbreviations

2015 ACFTA Upgrade Protocol / CAFTA Upgrade Protocol/to amend the ASEAN-China Framework Agreement on Comprehensive Economic Cooperation

CIL Subject Classification
Date of Adoption 21/11/2015
Place of Adoption Kuala Lumpur, Malaysia, 18th ASEAN-China Summit
Issued/Adopted by Economic/Foreign Ministers of ASEAN and the People’s Republic of China
Dispute settlement provisions

Refer to the 2004 Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-operation between ASEAN and the People’s Republic of China, as Article 2(1) of the 2004 Agreement states that the 2004 Agreement applies to all disputes arising under the Framework Agreement and “any reference to the Framework Agreement shall include all future legal instruments agreed pursuant to it unless where the context otherwise provides.”

With the exception of Chapter 4 (Amendment of Provisions Relating to Economic and Technical Cooperation Under the Framework Agreement), Article 7 (VI) of this instrument, which states:

“1. The Agreement on Dispute Settlement Mechanism of the Framework Agreement shall not apply to this Chapter.

2. Any dispute concerning the interpretation, implementation or application of this Chapter shall be settled amicably by the Parties.”

Depository

Secretary-General of ASEAN

Annexes

Annex 1: Rules of Origin

Attachment A: Revised Operational Certification Procedures (OCP) for the Rules of Origin for the ASEAN-China Free Trade Area

Attachment B: Product Specific Rules

Annex 2: Schedule of Specific Commitments for the 3rd Package of Commitments under ASEAN-China FTA Trade in Services

Brunei Darussalam

Cambodia

Indonesia

Lao PDR

Malaysia

Myanmar

Singapore

Thailand

Viet Nam

The People’s Republic of China

Entry Into Force Status In Force
Source

ASEAN Secretariat: Webpage on ASEAN China Priority Areas of Cooperation (accessed 23 February 2024)

Date of Entry into Force

01/07/2016

Entry into Force / Termination Provisions

Article 3: Entry Into Force

“1. Each Party shall notify the Secretary-General of ASEAN of the completion of its internal procedures necessary for entry into force of this Protocol in writing. This Protocol shall enter into force on 1 May 2016, provided that China and at least one (1) ASEAN Member State have notified the Secretary-General of ASEAN of the completion of their internal procedures in writing.

2. If this Protocol does not enter into force on 1 May 2016, it shall enter into force sixty (60) days after the date by which China and at least one (1) ASEAN Member State have notified the Secretary-General of ASEAN of the completion of their internal procedures in writing.

3. After the entry into force of this Protocol pursuant to Paragraph 1 or 2, this Protocol shall enter into force for any remaining Party sixty (60) days after the date of its notification to the Secretary-General of ASEAN of the completion of its internal procedures in writing.”

Status
ASEAN States (Source:

Other ratification/Notification information not available as of time of update, Treaty Room of the Ministry of Foreign Affairs of the Republic of Indonesia (Indonesian information only)

as of 27/02/2024)
Brunei Darussalam Signature 21/11/2015
Cambodia Signature 21/11/2015
Indonesia Signature 21/11/2015
Ratification 31/07/2019
Lao PDR Signature 21/11/2015
Malaysia Signature 21/11/2015
Myanmar Signature 21/11/2015
Philippines Signature 21/11/2015
Singapore Signature 21/11/2015
Thailand Signature 21/11/2015
Vietnam Signature 21/11/2015
Other Country People’s Republic of China  Signature (21/11/2015)
Related Instruments
This instrument amends/supersedes

2002 Framework Agreement on Comprehensive Economic Co-Operation between ASEAN and the People’s Republic of China

2004 Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China

2006 Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China

2007 Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China

2009 Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between the People’s Republic of China and the Association of Southeast Asian Nations

2010 Second Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement for Comprehensive Economic Co-Operation between the Association of Southeast Asian Nations and the People’s Republic of China

Related Instruments

2003 Protocol to Amend the Framework Agreement on Comprehensive Economic Co-Operation between the Association of South East Asian Nations and the People’s Republic of China

2006 Second Protocol to Amend the Framework Agreement on Comprehensive Economic Co-Operation between ASEAN and the People’s Republic of China

2012 Third Protocol to Amend the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China

External Links
Additional Information

This instrument substitutes Annex 3 on the Rules of Origin of the 2004 Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China with a new annex. Annex 3 was previously amended in the 2006 Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China and the 2010 Second Protocol to Amend the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China.