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Summary Information
Full Title

2017 Memorandum of Understanding on Establishing the ASEAN-China Centre between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the People's Republic of China

Short Title / Abbreviations

Revised ASEAN-China Centre MOU/ASEAN China Centre MOU

CIL Subject Classification
Date of Adoption 06/08/2017
Place of Adoption Manila, the Philippines, ASEAN Post-Ministerial Conference (PMC+1) session with China
Issued/Adopted by Foreign Ministers of ASEAN and China
Dispute settlement provisions

“Article 19: Settlement of Disputes

1. The Council shall make provision for appropriate modes of settlement of:

a) legal claims of a civil nature to which the Centre is a party other than those referred to in Article 13, paragraph 1; and

b) disputes involving any officials of the Secretariat, who enjoys immunity under the provisions of this Memorandum of Understanding, if the immunity has not been waived in accordance with Article 16, paragraph 3.

2. Any disputes or differences between the Parties arising out of the interpretation and/or implementation and/or application of any of the provisions of this Memorandum of Understanding shall be settled amicably through mutual consultation and/or negotiations between the Parties through diplomatic channels.”

Annexes

Entry Into Force Status In Question
Source

Ratification information not available at time of update

Entry into Force / Termination Provisions

Article 25: Entry into Force and Duration

  1. After the completion of its internal legal procedures for the entry into force of this Memorandum of Understanding, each ASEAN Member State shall give written notification to the Secretary-General of ASEAN, who shall promptly notify China when all of the ASEAN Member States have finished the said procedures.
  2. After the completion of its internal legal procedures for the entry into force of this Memorandum of Understanding, China shall give written notification to the Secretary-General of ASEAN.
  3. This Memorandum of Understanding shall enter into force upon the Secretary-General of ASEAN’s receipt of the later of (i) China’s written notification and (ii) the last written notification by the ASEAN Member States. The Secretary-General of ASEAN shall notify ASEAN Member States and China of the date of entry into force of this Memorandum of Understanding.
  4. Upon the date of entry into force of the Memorandum of Understanding, it shall superseded the earlier Memorandum of Understanding on Establishing the ASEAN-China Centre between the Governments of the ASEAN Member States and China done on the Twenty Fifth Day of October of the Year Two Thousand and Nine (25 October 2009).
  5. This Memorandum of Understanding shall remain in force for a period of five years, and thereafter may be automatically renewed for five further years, unless objected to by any Contracting Party.”

Status
ASEAN States
Brunei Darussalam Signature 06/08/2017
Cambodia Signature 06/08/2017
Indonesia Signature 06/08/2017
Lao PDR Signature 06/08/2017
Malaysia Signature 06/08/2017
Myanmar Signature 06/08/2017
Philippines Signature 06/08/2017
Singapore Signature 06/08/2017
Thailand Signature 06/08/2017
Vietnam Signature 06/08/2017
Other Country People's Republic of China  Signature - 6 August 2017
Related Instruments
This instrument amends/supersedes

2009 Memorandum of Understanding on Establishing the ASEAN-China Centre between the Governments of the Member States of ASEAN and the Government of China

Related Instruments

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

2003 Joint Declaration Of The Heads Of State/Government Of The Association Of Southeast Asian Nations And The People’s Republic Of China On Strategic Partnership For Peace And Prosperity

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