2017 Second Protocol to Amend the ASEAN Comprehensive Investment Agreement

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Full Title	2017 Second Protocol to Amend the ASEAN Comprehensive Investment Agreement
Short Title / Abbreviations	ACIA 2nd Protocol
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Economic Ministers Investment
Date of Adoption	21/09/2017
Place of Adoption	Ha Noi, Viet Nam
Issued/Adopted by	Economic Ministers of ASEAN
Dispute settlement provisions	Refer to 2009 ASEAN Comprehensive Investment Agreement: Article 27 ‘Disputes Between or Among Member States’: “The ASEAN Protocol on Enhanced Dispute Settlement Mechanism signed in Vientiane, Lao PDR on 29 November 2004, as amended, shall apply to the settlement of disputes concerning the interpretation or application of this Agreement.” Article 43 ‘Consultations by Member States’: “The Member States agree to consult each other at the request of any Member State on any matter relating to investments covered by this Agreement, or otherwise affecting the implementation of this Agreement.” For an Investment dispute between a Member State and an Investor, see Section B ‘Investment Dispute between an Investor and a Member State’. The 2009 ASEAN Comprehensive Investment 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. The 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022).
Depository	Secretary-General of ASEAN
Entry Into Force Status	In Force
Source	ASEAN Secretariat Legal Instruments page
Date of Entry into Force	18/06/2020
Entry into Force / Termination Provisions	Article 3: Final Provisions: “1. This Protocol shall form an integral part of the ACIA and shall enter into force after all Member States have notified the completion of their respective internal procedures for the entry into force of this Protocol to, or, where necessary, deposited instruments of ratification or acceptance with, the Secretary-General of ASEAN.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 29/08/2022)
Brunei Darussalam	Signature 21/09/2017 Notification 03/05/2018
Cambodia	Signature 21/09/2017 Ratification 18/06/2020
Indonesia	Signature 21/09/2017 Notification 21/08/2019
Lao PDR	Signature 21/09/2017 Acceptance 21/11/2017
Malaysia	Signature 21/09/2017 Notification 02/05/2018
Myanmar	Signature 21/09/2017 Notification 11/04/2018
Philippines	Signature 21/09/2017 Ratification 04/06/2018
Singapore	Signature 21/09/2017 Notification 07/03/2018
Thailand	Signature 21/09/2017 Ratification 22/04/2019
Vietnam	Signature 21/09/2017 Notification 14/01/2019
Related Instruments
This instrument amends/supersedes	2009 ASEAN Comprehensive Investment Agreement
Related Instruments	1987 Agreement Among the Governments of Brunei Darussalam, Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the kingdom of Thailand for the Protection and Promotion of Investments 1996 Protocol to Amend the 1987 Agreement Among the Governments of Brunei Darussalam, Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand for the Protection and Promotion of Investments 1998 Framework Agreement on the ASEAN Investment Area 2001 Protocol to Amend the Framework Agreement on the ASEAN Investment Area 2014 Protocol to Amend the ASEAN Comprehensive Investment Agreement 2017 Third Protocol to Amend the ASEAN Comprehensive Investment Agreement 2020 Fourth Protocol to Amend the ASEAN Comprehensive Investment Agreement 2021 ASEAN Investment Facilitation Framework
External Links	ASEAN Secretariat accessed on 29/08/2022