Está en la página 1de 177

ASEAN Documents Series 2004

Ten Nations One Community

ASEAN DOCUMENTS SERIES 2004

v
ASEAN Documents Series 2004

ASEAN Documents Series 2004 Table of Contents


I. 1. 2. The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967. The members of the Association are Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam. The ASEAN Secretariat is based in Jakarta, Indonesia. For inquiries, contact: Public Affairs Ofce The ASEAN Secretariat 70A Jalan Sisingamangaraja Jakarta 12110 INDONESIA Phone: (6221) 724-3372, 726-2991 Fax: (6221) 739-8234 E-mail: public@aseansec.org General information on ASEAN appears on-line at the ASEAN Website: http://www.aseansec.org Cataloging-in-Publication Data ASEAN Documents Series 2004 The ASEAN Secretariat Jakarta: ASEAN Secretariat, January 2005 xii, 331p; 29.7 cm 1. ASEAN - Treaties 2. Treaties - Collection I. Series 341.026959 ISBN : 979-8080-01-7 Printed in Indonesia This publication may be freely quoted or reprinted with permission. Copyright ASEAN Secretariat 2005 All rights reserved 16. 17. 13. 14. 15. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ASEAN SUMMIT DOCUMENTS (ADOPTED BY THE LEADERS) Chairmans Statement of the 10th ASEAN Summit, Vientiane, Laos, 29 November 2004 Chairmans Statement of the 8th ASEAN + 3 Summit, Vientiane, Laos, 29 November 2004 Chairmans Statement of the 8th ASEAN + China Summit, Vientiane, Laos, 29 November 2004 Chairmans Statement of the 3rd ASEAN + India Summit, Vientiane, Laos, 30 November 2004 Chairmans Statement of the 8th ASEAN + Japan Summit, Vientiane, Laos, 30 November 2004 Chairmans Statement of the 8th ASEAN + Republic of Korea Summit, Vientiane, Laos, 30 November 2004 Joint Declaration of the Leaders at the ASEAN-Australia and New Zealand Commemorative Summit, Vientiane, Laos, 30 November 2004 Chairmans Statement of the ASEAN-Australia and New Zealand Commemorative Summit, Vientiane, Laos, 30 November 2004 Vientiane Action Programme (VAP) 2004-2010, Vientiane, Laos, 29 November 2004 ASEAN Security Community Plan of Action, Vientiane, Laos, 29 November 2004 ASEAN Socio-Cultural Community (ASCC) Plan of Action, Vientiane, Laos, 29 November 2004 Plan of Action to Implement the Joint Declaration on ASEAN-China Strategic Partnership for Peace and Prosperity, Vientiane, Laos, 29 November 2004 ASEAN Framework Agreement for the Integration of the Priority Sectors, Vientiane, Laos, 29 November 2004 ASEAN Declaration Against Trafcking in Persons Particularly Women and Children, Vientiane, Laos, 29 November 2004 ASEAN-India Partnership for Peace, Progress and Shared Prosperity, Vientiane, Laos, 30 November 2004 Plan of Action to Implement the ASEAN-India Partnership for Peace, Progress and Shared Prosperity, Vientiane, Laos, 30 November 2004 Joint Declaration on Comprehensive Cooperation Partnership between the Association of Southeast Asian Nations and the Republic of Korea, Vientiane, Laos, 30 November 2004 ASEAN-Japan Joint Declaration for Cooperation to Combat International Terrorism, Vientiane, Laos, 30 November 2004 1 4 6 8 10 12 13 19 20 51 56 62 72 78 79 82

88 94

18.

vi
ASEAN Documents Series 2004 ASEAN Documents Series 2004

vii

II. 1. 2. 3. 4.

POLITICAL AND SECURITY COOPERATION Joint Communiqu of the 37th ASEAN Ministerial Meeting, Jakarta, Indonesia, 29-30 June 2004 Chairmans Statement of the 11th Meeting of ASEAN Regional Forum, Jakarta, Indonesia, 2 July 2004 Joint Press Statement of the ASEAN Post Ministerial Conference, Jakarta, Indonesia, 1 July 2004 Chairmans Press Statement of the 5 ASEAN + 3 Foreign Ministers Meeting, Jakarta, Indonesia, 1 July 2004
th

ASEAN FREE TRADE AREA 1. 96 2. 104 109 110 Joint Media Statement of the 18th Meeting of the ASEAN Free Trade Area (AFTA) Council, Jakarta, Indonesia, 2 September 2004 1st Protocol to Amend the Protocol on Special Arrangements on Sensitive and Highly Sensitive Products, Jakarta, Indonesia, 3 September 2004 136 139

AGRICULTURE AND FORESTRY 1.. 2. Joint Press Statement of the 26th Meeting of the ASEAN Ministers on Agriculture and Forestry (26th AMAF), Yangon, Myanmar, 7 October 2004 Joint Press Statement of the 4th Meeting of the ASEAN Agriculture and Forestry Ministers and the Ministers of the People Republic of China, Japan and Republic of Korea (4th AMAF Plus Three), Yangon, Myanmar, 8 October 2004 ASEAN Statement on CITES on the Occasion of the 13th Meeting of the Conference of the Parties to CITES, Bangkok, Thailand, 11 October 2004 Joint Press Release of the ASEAN Ministerial Session on CITES, Bangkok, Thailand, 11 October 2004 141

III.

ECONOMIC INTEGRATION AND COOPERATION 3. 112 4.

144 146 148

ASEAN ECONOMIC MINISTERS 1. 2. Media Statement of the Informal ASEAN Economic Ministers Meeting, Yogyakarta, Indonesia, 19-20 January 2004 Joint Media Statement of the 4th Consultation between the ASEAN Economic Ministers and the European Union Trade Commissioner (4th AEM-EU Consultation) Yogyakarta, Indonesia, 20 January 2004 Media Statement of the 10th ASEAN Economic Ministers Retreat, Sentosa, Singapore, 21 April 2004 Joint Media Statement of the 36th ASEAN Economic Ministers Meeting, Jakarta, Indonesia, 3 September 2004 Joint Media Statement of the 3rd ASEAN Economic Ministers and the Minister of Commerce of the Peoples Republic of China Consultation, Jakarta, Indonesia, 4 September 2004 Joint Media Statement of the 11 ASEAN Economic Ministers and the Minister of Economy, Trade and Industry of Japan Consultation, Jakarta, Indonesia, 4 September 2004
th

CUSTOMS 114 116 DISPUTE SETTLEMENT MECHANISM 118 1. ASEAN Protocol on Enhanced Dispute Settlement Mechanism, Vientiane, Laos, 29 November 2004 151 1. Protocol to Amend the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature, Jeju Island, Korea, 15 May 2004 149

3. 4. 5.

ENERGY 121 1. 2. 3. 4. 128 Joint Press Statement of the 20th Meeting of the Heads of ASEAN Power Utilities / Authorities (HAPUA XX), Siem Reap, Cambodia, 3-5 May 2004 Media Statement of the 22nd ASEAN Ministers on Energy Meeting (AMEM), Makati City, Metro Manila, Philippines, 9 June 2004 Joint Ministerial Statement of the ASEAN, China, Japan and Korea Energy Ministers Meeting (AMEM+3), Makati City, Metro Manila, Philippines, 9 June 2004 ASEAN Plan of Action For Energy Cooperation (APAEC) 2004 2009, adopted by the 22nd ASEAN Ministers on Energy Meeting (22nd AMEM), Makati City, Metro Manila, Philippines, 9 June 2004 164 165 168

6.

123 126

7. 8.

Joint Media Statement of the 1st ASEAN Economic Ministers and the Minister for Trade of the Republic of Korea Consultation, Jakarta, Indonesia, 4 September 2004 Joint Media Statement of the 7th ASEAN Economic Ministers and the Ministers of Peoples Republic of China, Japan and Republic of Korea Consultation (AEM+3), Jakarta, Indonesia, 4 September 2004 Joint Media Statement of the 3rd ASEAN Economic Ministers and the Minister of Commerce and Industry of the Republic of India Consultation, Jakarta, Indonesia, 5 September 2004 Joint Media Statement of the 9th AEM-CER Consultations, Jakarta, Indonesia, 5 September 2004 Joint Media Statement of the 5th Consultation between the ASEAN Economic Ministers and the European Union Trade Commissioner (5th AEM-EU Consultation), Jakarta, Indonesia, 5 September 2004

9.

170

130 132

FINANCE 1. 2. Joint Ministerial Statement of the 8th ASEAN Finance Ministers Meeting, Singapore, 7 April 2004 Joint Ministerial Statement of the ASEAN + 3 Finance Ministers Meeting, Jeju, Korea, 15 May 2004 186 188

10. 11.

134

viii
ASEAN Documents Series 2004 ASEAN Documents Series 2004

ix

INDUSTRIAL COOPERATION 1. Protocol to Amend the Basic Agreement on the ASEAN Industrial Cooperation Scheme, Singapore, 21 April 2004 190

4. 5. 6. 193 7. 8.

Action Plan for ASEAN Air Transport Integration and Liberalization, Phnom Penh, Cambodia, 23 November 2004 Joint Media Statement of the 10th ASEAN Transport Ministers Meeting, Phnom Penh, Cambodia, 23 November 2004 Joint Media Statement of the 3rd ASEAN and China Transport Ministers Meeting Phnom Penh, Cambodia, 24 November 2004 Joint Media Statement of the 2nd ASEAN and Japan Transport Ministers Meeting, Phnom Penh, Cambodia, 24 November 2004 Memorandum of Understanding between the Governments of the Member Countries of the Association of Southeast Asian Nations and the Government of the Peoples Republic of China on Transport Cooperation, Vientiane, Laos, 27 November 2004 HUMAN AND SOCIAL DEVELOPMENT

221 227 229 231

INFORMATION AND COMMUNICATIONS TECHNOLOGY

1.
2.

Joint Media Statement of the 4 ASEAN Telecommunications and It Ministers Meeting (4th ASEAN TELMIN), Bangkok, Thailand, 5 August 2004
th

Press Statement by the Co-Chairperson (ASEAN) of the 1 ASEAN Plus China, Japan and Korea Telecommunications and It Ministers Meeting (TELMIN), the 1st ASEAN and India Telecommunications and It Ministers Meeting (TELMIN), Bangkok, Thailand, 5 August 2004
st

194

233

INVESTMENTS 1. Joint Media Statement of the 7th ASEAN Investment Area (AIA) Council Meeting, Jakarta, Indonesia, 2 September 2004 195 IV.

SCIENCE AND TECHNOLOGY 1. 2. Ministerial Declaration on the Establishment and Operation of the ASEAN Virtual Institute of Science and Technology (AVIST), Tagaytay, Philippines, 26 November 2004 Chairmans Press Statement of the 3rd Informal ASEAN Ministerial Meeting on Science and Technology (IAMMST), Tagaytay City, Philippines, 26 November 2004 197

CULTURE AND INFORMATION 1. 2. 199 1. 200 2. Joint Press Statement of the 8th Conference of the ASEAN Ministers Responsible for Information (AMRI), Phnom Penh, Cambodia, 7-8 October 2004 Joint Statement of the ASEAN Photo Editors Workshop, Kuala Lumpur, Malaysia, 28 November-1 December 2004 237 239

SERVICES 1. Protocol to Implement the Fourth Package of Commitments under the ASEAN Framework Agreement on Services, Jakarta, Indonesia, 3 September 2004

LABOUR Joint Communiqu of the 18th ASEAN Labour Ministers Meeting, Bandar Seri Begawan, Brunei Darussalam, 13-14 May 2004 Joint Statement of the ASEAN Plus Three Labour Ministers Meeting, Bandar Seri Begawan, Brunei Darussalam, 14 May 2004 240 243

STATISTICS 1. Joint Press Statements of the 5th ASEAN Heads of Statistical Ofces Meeting (AHSOM 5), Luangphabang, Laos, 12-13 January 2004 203

SOCIAL DEVELOPMENT 1. 2. 3. 4. Declaration of the 7th ASEAN Health Ministers Meeting - Health without Frontiers, Penang, Malaysia, 22 April 2004 Co-Chairs Statement of the 7th ASEAN Health Ministers Meeting, Penang, Malaysia, 22 April 2004 and 1st ASEAN + 3 Health Ministers Meeting, Penang, Malaysia, 23 April 2004 Declaration on the Elimination of Violence against Women in the ASEAN Region, Jakarta, Indonesia, 30 June 2004 Beijing Declaration of the Ministers Responsible for Youth of the Association of Southeast Asian Nations and the Peoples Republic of China on ASEAN-China Cooperation on Youth, Beijing, China, 29 September 2004 Joint Communiqu of the 4th ASEAN Ministers on Rural Development and Poverty Eradication, Singapore, 7 October 2004 Joint Communiqu of the 5th ASEAN Ministerial Meeting for Social Welfare and Development, Bangkok, Thailand, 16 December 2004 Joint Statement of the 1st ASEAN Plus Three Ministerial Meeting for Social Welfare and Development, Bangkok , Thailand, 17 December 2004 246 250 253

TOURISM 1. 2. 3. Vientiane Declaration on Enhancing ASEAN Tourism Cooperation by the ASEAN Tourism Ministers, Vientiane, Laos, 3 February 2004 Media Statement of the 7th Meeting of ASEAN Tourism Ministers (7th M-ATM), Vientiane, Laos, 3 February 2004 Joint Media Statement of the3rd Meeting of ASEAN, China, Japan and Korea Tourism Ministers (3rd M-ATM + 3), Vientiane, Laos, 3 February 2004 204 206 208

255 257 260 263

TRANSPORT 1. 2. Phnom Penh Ministerial Declaration on ASEAN Road Safety, Phnom Penh, Cambodia, 23 November 2004 Protocol to Implement the Fourth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services, Phnom Penh, Cambodia, 23 November 2004 ASEAN Transport Action Plan 2005-2010, Phnom Penh, Cambodia, 23 November 2004 5. 209 6. 211 213 7.

3.

x
ASEAN Documents Series 2004 ASEAN Documents Series 2004

xi

V.

TRANSNATIONAL ISSUES

ASEAN CANADA 1. 265 Co-Chairs Statement of the ASEAN-Canada Dialogue, Bandar Seri Begawan, Brunei Darussalam, 30-31 March 2004 288

DISASTER MANAGEMENT 1. Joint Press Release of the ASEAN Ministerial Meeting on Disaster Management, Phnom Penh, Cambodia, 7 December 2004

ASEAN - CHINA 1. Memorandum of Understanding between the Governments of the Member Countries of the Association of Southeast Asian Nations (ASEAN) and the Government of the Peoples Republic of China on Cooperation in the Field of Non-traditional Security Issues, Bangkok, Thailand, 10 January 2004 Joint Press Statement of the China-ASEAN Special Meeting on HPAI Control, Beijing, China, 2 March 2004 Joint Media Statement of the 2nd China-ASEAN Seminar on Mass Media Cooperation, Nanning, China, 26-31 August 2004 Press Release of the ASEAN-China Senior Ofcials Meeting on the Implementation of the Declaration on the Conduct of Parties in the South China Sea, Kuala Lumpur, Malaysia, 7 December 2004 Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-Operation between the Association of Southeast Asian Nations and the Peoples Republic of China, Vientiane, Laos, 29 November 2004 Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-Operation between the Association of Southeast Asian Nations and the Peoples Republic of China, Vientiane, Laos, 29 November 2004

ENVIRONMENT 1. Memorandum of Understanding between the Member States of the Association of Southeast Asian Nations and the United Nations University on Sustainable Development, Tokyo, Japan, 24 August 2004 Joint Press Statement of the 8th Informal ASEAN Ministerial Meeting on the Environment and the 3rd ASEAN Plus Three Environment Ministers Meeting, Singapore, 13-14 October 2004 Joint Press Release of the 11th ASEAN Ministerial Meeting on Haze, Ha Noi, Viet Nam, 10 November 2004

291 294 295

266

2.

2. 3. 4.

268 269

3.

IMMIGRATION 1. Joint Press Statement of the 8th Meeting of the ASEAN Directors-General of Immigration Departments and Heads of Consular Affairs Divisions of the Ministries of Foreign Affairs (DGICM), Bandar Seri Begawan, Brunei Darussalam, 11-13 October 2004 5. 270 6. 271

296

298

LAW AND LEGAL COOPERATION 1. Joint Press Statement of the 9th ASEAN Senior Law Ofcials Meeting (ASLOM), Brunei Darussalam, 23-24 August 2004

307

ASEAN JAPAN TRANSNATIONAL CRIME AND TERRORISM 1. 2. 3. 4. Joint Communiqu of the 4th ASEAN Ministerial Meeting on Transnational Crime (AMMTC), Bangkok, Thailand, 8 January 2004 Joint Communiqu of the 1st ASEAN Plus Three Ministerial Meeting on Transnational Crime (AMMTC+3), Bangkok, Thailand, 10 January 2004 Co Chairs Statement of the Bali Regional Ministerial Meeting on Counter-Terrorism, Bali, Indonesia, 5 February 2004 Joint Communiqu of the 24th ASEAN Chiefs of Police Conference, Chiang Mai, Thailand, 16-20 August 2004 EXTERNAL RELATIONS 273 274 ASEAN ROK 275 280 1. 2. Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia to Republic of Korea, Vientiane, Laos, 27 November 2004 Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by Republic of Korea, Vientiane, Laos, 27 November 2004 316 318 1. 1. Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia to Japan, Jakarta, Indonesia, 2 July 2004 Instrument of Accession of the Treaty of Amity and Cooperation in Southeast Asia by Japan, Jakarta, Indonesia, 2 July 2004 313 315

VI.

ASEAN - RUSSIA 1. 284 286 2. 3. ASEAN-Russian Federation Joint Declaration for Cooperation to Combat International Terrorism, Jakarta, Indonesia, 2 July 2004 Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia to Russian Federation, Vientiane, Laos, 29 November 2004 Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by Russian Federation, Vientiane, Laos, 29 November 2004 319 322 324

ASEAN AUSTRALIA 1. 2. ASEAN-Australia Joint Declaration for Cooperation to Combat International Terrorism, Jakarta, Indonesia, 2 July 2004 Co-Chairs Statement of the 20th ASEAN-Australia Forum, Canberra, Australia, 16 September 2004

xii
ASEAN Documents Series 2004

ASEAN US 1. Joint Press Statement of the 17th ASEAN-US Dialogue, Bangkok, Thailand, 30 January 2004 325

ASEAN PAKISTAN 1. 2.. Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia to The Islamic Republic of Pakistan, Jakarta, Indonesia, 2 July 2004 Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by The Islamic Republic of Pakistan, Jakarta, Indonesia, 2 July 2004 OTHERS Statement by H.E. Somsavat Lengsavad, Deputy Prime Minister and Minister of Foreign Affairs of the Laos People Democratic Republic, Chairman of the 38th ASEAN Standing Committee, in connection to the terrorist bombing in Jakarta on 9th September 2004 328 330

VII. 1.

331

1
ASEAN Documents Series 2004

I. ASEAN SUMMIT DOCUMENTS (ADOPTED BY THE LEADERS)

Chairmans Statement of the 10th ASEAN Summit


Vientiane, Laos, 29 November 2004
1. ASEAN Leaders today held a very productive meeting under the Theme Advancing a Secure and Dynamic ASEAN Family through Greater Solidarity, Economic Integration and Social Progress . 2. We took note of the convening of this Summit at a time when our region is being confronted with fundamental changes in the regional and international scene such as the recent terrorist attacks, the hike in oil prices, the spread of avian u, etc. In responding to those challenges, we stressed the importance of a higher degree of coherence of efforts to achieve the objectives of ASEAN Vision 2020. 3. During the ASEAN Summit, we discussed issues of common concern to all members, including political and economic developments, in particular the latest developments on terrorism, the Korean Peninsular, the situation in Iraq and the Middle East. Vientiane Action Programme (VAP): A Vehicle to Building an ASEAN Community through realizing comprehensive Integration. 4. We adopted the ASEAN Security Community Plan of Action and the ASEAN Socio-Cultural Community Plan of Action to implement the Declaration of ASEAN Concord II to realize the establishment of the ASEAN Community comprising three pillars, namely the ASEAN Security Community (ASC), ASEAN Economic Community (AEC) and Socio-Cultural Community (ASCC) that are closely intertwined and mutually reinforcing for the purpose of ensuring durable peace, stability and shared prosperity in the region and beyond. In this connection, we reafrmed our commitment to achieving an ASEAN Community through initiatives and approaches to accelerate economic integration. 5. In furtherance of, and intensifying, our cooperation in the ght against transnational crimes, we also adopted the ASEAN Declaration against Trafcking in Persons, Particularly Women and Children. 6. We noted the Assessment Report on the Implementation of the Ha Noi Plan of Action (HPA) and agreed that the successful implementation of the HPA has signicantly contributed to the realization of the end-goal of the ASEAN Vision 2020 and the Declaration of the ASEAN Concord II leading to the establishment of the ASEAN Community in 2020. 7. At the 10th ASEAN Summit, we signed the Vientiane Action Programme, a six-year plan, which is the successor of the HPA to realize the end goal of the ASEAN Vision and the Declaration of ASEAN Concord II. The VAP focuses on deepening regional integration and narrowing the development gap within ASEAN, particularly the least developed Member Countries. We agreed to establish an ASEAN Development Fund (ADF) to support the implementation of the VAP and future action programmes. In this connection, we called on our Dialogue Partners, other countries and regional and international organizations to support the implementation of the VAP. 8. To further deepen regional economic integration, we also signed the ASEAN Framework Agreement for the Integration of Priority Sectors and we tasked the Ministers responsible for ASEAN Economic Integration to continue coordination and monitoring of the implementation of all measures specied in the Road Maps to ensure the successful integration of the priority economic sectors within the time frame. 9. We noted with satisfaction that our respective economies have recovered with good prospect for further economic growth for the remaining year and in 2005. Bridging the Development Gap 10. Bridging the development gap is extremely important for regional economic integration and is a crucial part of condence-building efforts to assist members to cope with challenges. In this regard, we noted progress made in the implementation of the Initiative for ASEAN Integration (IAI) and Road Map for Integration of ASEAN (RIA). We welcomed Singapores additional contribution of S$28.9 million (US$17.6 million) to support the implementation of the IAI as an important symbol of its commitment to foster closer economic integration and enhance ASEANs competitiveness as a region. Our top priorities include

2
ASEAN Documents Series 2004 ASEAN Documents Series 2004

developing human resources, infrastructure, information technology, and energy with the support and cooperation of the private sector, our Dialogue Partners, other countries, and regional and international nancial institutions. 11. We reafrmed the importance of sub-regional growth areas in ASEAN development and integration process such as the Mekong Basin Development Cooperation and the BIMP-EAGA. We discussed ways and means to accelerate the pace of development of these growth areas in ASEAN. We welcomed the contribution of other subregional development frameworks in the region such as the GMS, and ACMECS to help close the development gap within ASEAN. These frameworks should serve as building blocks for East Asia and Asia-wide cooperation. We also welcomed the Asia Cooperation Dialogue (ACD) and Asian Bond Market Development. CLMV Summit 12. We listened with interest to the outcome of the CLMV Summit and we supported the Vientiane Declaration on Enhancing Economic Cooperation and Integration among Cambodia, Laos, Myanmar and Viet Nam to convey, as a message, of our strong political will and determination of the Leaders of CLMV countries to accelerate the narrowing of their development gaps and ASEANs economic integration. Regional and International Political and Economic Issues 13. We discussed a wide range of issues related to ASEAN political and security cooperation. 14. We reafrmed the importance of the Treaty of Amity and Cooperation in Southeast Asia as a code of conduct governing relations between countries in the region for the promotion of peace and stability in the region. We warmly welcomed the accession of the Republic of Korea and the Russian Federation to the TAC and encouraged other nonSoutheast Asian countries to accede to the Treaty. We also welcomed the steps being taken by ASEAN and China to implement the Declaration on Conduct of Parties in the South China Sea. 15. We underlined the importance of strengthening relations and cooperation with other regions such as with Latin America and Europe through FEALAC and ASEM respectively. In this regard, we strongly supported Indonesias initiative to build a bridge of cooperation between Asia and Africa through the convening of the Asia-Africa Summit on 21-22 April 2005 in Jakarta and the observance of Golden Jubilee of the 1955 Asia-Africa Conference on 23 April 2005 in Bandung, Indonesia. 16. We condemned in the strongest terms the recent terrorist acts and reafrmed our determination to work

together to mitigate the adverse impact of such attacks on ASEAN countries and urged the international community to assist us in this effort. 17. We reafrmed our commitment to a peaceful and comprehensive solution to the nuclear issue on the Korean Peninsular. In this connection, we noted with encouragement the achievement by the three rounds of the Six-Party Talks. We shared the view that the Six-Party Talks should be reconvened at the earliest possibility to bring about the common goal of denuclearisation on the Korean Peninsular. 18. We noted that current developments in Iraq and the Middle East remained causes of great concern. With regard to the post-war Iraq, we reafrmed our position that the United Nations must continue to play a central role in the reconstruction and rehabilitation of Iraq taking the responsibility for the maintenance of international peace and security. 19. While discussing current economic developments in the region and in the world, we expressed our determination to work together to minimize the adverse impact on our economies brought about by the hike in oil prices and avian u. In this connection, we supported energy cooperation, in particular, in alternative energy, such as bio-fuels, and hydroelectric power, and the establishment of the Outbreak Response Teams. Strengthening Cooperation with Dialogue Partners 20. We noted the progress made in the political and economic cooperation with our Dialogue Partners. In this regard, we expressed satisfaction with the overall progress of the ASEAN+3 cooperation. We reafrmed our determination to continue to drive the ASEAN+3 cooperation and to work closely with China, Japan and the Republic of Korea in promoting East Asia cooperation. 21. We discussed the convening of an East Asia Summit (EAS). We agreed to hold the rst EAS in Malaysia in 2005 and in this connection, tasked our Foreign Ministers to work out the details concerning its modality and participation. 22. We expressed our satisfaction with the deepening of ASEAN-India cooperation. We welcomed the enhancement of AFTA-CER linkages, which will lay the rm foundation for future cooperation. We were also pleased to upgrade the relations between ASEAN and the Russian Federation and looked forward to the ASEAN-Russia Summit in Malaysia next year. Institutional Strengthening of ASEAN 23. We directed our Ministers, Senior Ofcials and the ASEAN Secretariat to continue the work of developing

an ASEAN Charter and to review ASEANs mechanism, including the frequency of ASEANs meetings at all levels, with a view to rationalize them and make them more effective. We also agreed to further strengthen the ASEAN Secretariat, particularly in undertaking policy analysis and providing recommendations to ASEAN Member Countries in carrying out ASEAN cooperation. We agreed to consider the ndings and recommendations of our Ministers and Ofcials on this matter at our next meeting. Other Matters 24. We reafrmed our commitment to the United Nations. We further underlined the importance of reform of the United Nations and the enhanced role of ASEAN and ASEAN Member States within the United Nations system. In this connection, we endorsed the candidature of H.E. Dr. Surakiart Sathirathai, Minister of Foreign Affairs of Thailand, for the post of United Nations Secretary-General

and underscored the importance of Indonesias intention to seek permanent membership in the United Nations Security Council. 25. In order to strengthen the cooperation between ASEAN and the United Nations we decided to convene the second ASEAN-UN Summit in New York during the 60th session of the UN General Assembly. In this regard, we tasked our Foreign Ministers to make the necessary preparations to ensure the success of the said Summit. 26. We expressed our appreciation to the ASEAN Business Advisory Council (ABAC) and agreed to continue our support for its role as an important component to the overall strategy of increasing the private sectors engagement in ASEAN economic policy deliberations. We once again underlined the need for closer coordination between the private sector and relevant government agencies in the implementation of ABACs recommendations.

4
ASEAN Documents Series 2004 ASEAN Documents Series 2004

Chairmans Statement of the 8th ASEAN + 3 Summit


Vientiane, Laos, 29 November 2004

Strengthening ASEAN + 3 Cooperation


1. The ASEAN+3 Summit was held successfully on 29 November 2004 in Vientiane. The Meeting was chaired by H.E. Mr. Bounnhang Vorachith, Prime Minister of the Lao Peoples Democratic Republic (Lao PDR), and was attended by Heads of State/Government of ASEAN, China, Japan and the Republic of Korea. It was the rst time that the Lao PDR was privileged of hosting and chairing this important Summit. We welcomed President of Indonesia, H.E. Dr. Susilo Bambang Yudhoyono; Prime Minister of Malaysia, H.E. Dato Abdullah Bin Haji Ahmad Badawi; Prime Minister of the Union of Myanmar, H.E. Mr. Lieutenant General Soe Win, and Prime Minister of Singapore, H.E. Mr. Lee Hsien Loong who participated in the ASEAN+3 Summit for the rst time. We also welcomed and congratulated H.E. Gloria Macapagal-Arroyo on her re-election as President of the Philippines. We exchanged views on regional and international political and security, and economic issues. We also discussed ways and mechanisms to strengthen the ASEAN+3 cooperation and its future direction. The ASEAN+3 Leaders shared their concerns on the challenges facing the region and the world such as terrorism, recent developments in Iraq, Middle East, and current situation in the Korean Peninsular, as well as the avian u outbreak and other challenges to socioeconomic development such as poverty, development gap, etc. We reiterated our determination to further make concerted efforts to ght terrorism in East Asia and our commitment to support global efforts to combat international terrorism. We reafrmed our commitment to a peaceful and comprehensive solution to the nuclear issue on the Korean Peninsular and the necessity to engage into dialogue to promote mutual condence and common approach. In this connection, we noted with encouragement the achievement by the three rounds of the Six-Party Talks, and we shared the view that the Six-Party Talks should be reconvened at the earliest possibility to bring about the common goal of denuclearisation of the Korean Peninsular. We welcomed the accession of the Republic of Korea and the Russian Federation to the Treaty of Amity and Cooperation in Southeast Asia, and encouraged other non-Southeast Asian countries to accede to the Treaty. We shared the view that efforts should be pursued to enhance the role of the Treaty as a code of conduct for the inter-state relations in the region. 6. Taking into account the current high oil price, we supported energy cooperation, in particular, in alternative energy, such as bio-fuels, and hydroelectric power. We welcomed the outcomes of the 1st ASEAN+3 Energy Ministers Meeting in the Philippines in June 2004. We noted with satisfaction the steady progress in ASEAN+3 cooperation and encouraged a speedy implementation of the short and long term measures of the East Asia Study Group (EASG), which we adopted in 2002, aiming to broadening and deepening East Asia cooperation. We also noted the expanding and deepening of ASEAN+3 sectoral cooperation, especially in the monetary and nancial and economic sectors. In this regard, we welcomed the setting up of the ASEAN+3 Unit in the ASEAN Secretariat last year. We expressed the need to strengthen the ASEAN+3 Unit in coordination and implementation of the cooperation and welcomed the Plus Three countries assistance to the Unit. We recognised the need to develop the Asian Bond Market, and to combat emerging diseases through new mechanisms, such as the establishment of Outbreak Response Teams . We exchanged views on the establishment of an East Asia Free Trade Area (EAFTA) and welcomed the decision by the ASEAN+3 Economic Ministers to set up an expert group to conduct a feasibility study on EAFTA.

eventual establishment of an East Asian Community. China, Japan, and the Republic of Korea reiterated their support for ASEANs role as the major driving force in East Asia cooperation. In addition, to mark the 10th Anniversary of the ASEAN+3 cooperation in 2007, we agreed to consider the idea of issuing the 2nd Joint Statement on East Asia cooperation as well as a work plan to consolidate the existing and future cooperation. 12. The Leaders of China, Japan and the Republic of Korea welcomed the adoption of the Vientiane Action Programme (VAP) and expressed their support to ASEAN in implementing activities and projects in support of the VAP. They agreed to strengthen their efforts in assisting ASEAN to narrow the development gaps within ASEAN, and between ASEAN and the Plus Three countries.

13. The Leaders of China, Japan and the Republic of Korea also welcomed the CLMV and the CLV Summits and expressed their support to the implementation of the Vientiane Declaration on Enhancing Economic Cooperation and Integration among Cambodia, Laos, Myanmar and Viet Nam; and the Vientiane Declaration on the Establishment of the Cambodia-Laos-Viet Nam Development Triangle. 14. The ASEAN Leaders acknowledged with appreciation China, Japan, and the Republic of Korea for their assistance in implementing projects under the IAI Work Plan. They also expressed appreciation to China, Japan and the Republic of Korea for their support to Cambodia, Laos and Myanmar to participate in the Asia-Europe Meeting.

2.

7.

3.

8.

9.

4.

10. The Leaders of the Plus Three countries supported ASEAN Leaders decision to convene the rst East Asia Summit (EAS) in Malaysia in 2005. The ASEAN+3 Leaders supported Japans proposal to host an ASEAN+3 Foreign Ministers Meeting in Kyoto in May 2005 to discuss the concept and modalities of an EAS. 11. We agreed that the establishment of an East Asian Community is a long-term objective. We reafrmed the role of ASEAN+3 process as the main vehicle for the

5.

6
ASEAN Documents Series 2004 ASEAN Documents Series 2004

Chairmans Statement of the 8th ASEAN + China Summit


Vientiane, Laos, 29 November 2004

well as the signing of the MOU between ASEAN and China on Transport Cooperation. 10. We agreed to develop comprehensive frameworks for our cooperation in the ve key areas, namely agriculture, information and communication technology (ICT), human resource development (HRD), Mekong Basin development and mutual investment. 11. ASEAN Leaders congratulated China for the successful holding of the ASEAN-China EXPO in Nanning earlier this month and welcomed Chinas plan to convene an ASEAN-China Telecommunications Week in April 2005, in Shanghai. In the area of investment, ASEAN Leaders supported Chinas project on holding a high-level Seminar on Promoting Investment by SMEs in East Asia in the second half of 2005. 12. The ASEAN Leaders welcomed Chinas initiative to dispatch young volunteers to ASEAN countries, particularly to CLMV. In this connection, we agreed to further develop this initiative into specic projects taking into account the capabilities of Chinese young volunteers and the needs and requirements of ASEAN Member Countries, especially those of the CLMV. 13. The ASEAN Leaders were supportive of Chinas proposal for commemorating the 15th anniversary of ASEANChina dialogue relations and welcomed Chinas intention

to contribute another US$ 5 million to the ASEAN-China Cooperation Fund in 2005. 14. China reiterated its continued support for ASEANs integration through various development initiatives such as the Initiative for ASEAN Integration (IAI), ASEANMekong Basin Development Cooperation (AMBDC), Brunei Darussalam-Indonesia-Malaysia-Philippines-East ASEAN Growth Area (BIMP-EAGA), and Ayeyawady-Chao PhrayaMekong Economic Cooperation Strategy (ACMECS). 15. ASEAN Leaders agreed to recognise China as a full market economy and committed not to apply Section 15 and 16 of the Protocol of Accession of the Peoples Republic of China to the WTO and Paragraph 242 of the Report of the Working Party on the Accession of China to WTO in relation to the trade between each of the ten ASEAN member states and China. 16. We noted with satisfaction the admission of Cambodia, Laos and Myanmar to the Asia-Europe Meeting (ASEM) and expressed appreciation to China for its support for the three ASEAN Member Countries. 17. We expressed our support for Asias turn to assume the position of United Nations Secretary-General. In this regard, China was pleased to be informed of ASEANs endorsement of the candidature of H.E. Dr. Surakiart Sathirathai, Minister of Foreign Affairs of Thailand, for this position

Deepening ASEAN-China Strategic Partnership


1. ASEAN Leaders held a productive meeting with H.E. Wen Jiabao, Premier of the Peoples Republic of China. We exchanged views on regional and international political and economic issues of common concern. We also reviewed developments in ASEAN-China relations in recent years. We acknowledged the increasingly important role China has been playing in regional and global affairs. 2. ASEAN Leaders commended Chinas active and important role in promoting the Six-Party Talks on the nuclear issue on the Korean Peninsular. We noted with encouragement the achievement of the three rounds of the Six-Party Talks. ASEAN Leaders expressed their hope that China would continue to play an important role in the quest for a peaceful and comprehensive solution to the nuclear issue on the Korean Peninsular. We shared the view that there is a need to engage into dialogue to promote mutual condence and common approach, and that the Six-Party Talks should be reconvened at the earliest possibility to bring about the common goal of denuclearisation on the Korean Peninsular. 3. We expressed our deep concern over the deteriorating situation in Iraq and agreed that the United Nations leading role in Iraqi post-war construction is important and relevant to the future of the Iraqi people. We are deeply concerned with the situation in the Middle East and called for a peaceful solution to end the violence in this region. 4. We welcomed the accession of the Republic of Korea and the Russian Federation to the Treaty of Amity and Cooperation in Southeast Asia, and encouraged other non-Southeast Asian countries to accede to the Treaty. We shared the view that efforts should be pursued to promote the Treaty as a code of conduct for inter-state relations in the region. 5. ASEAN Leaders reafrmed their commitment to the One-China Policy and believed that maintaining peace and stability across Taiwan Straits conforms to the common interests of all countries in the region. 6. China commended ASEAN for the signing of the Vientiane Action Programme (VAP), and expressed its support to the implementation of VAP , which will contribute to the realisation of the goals in the ASEAN Vision 2020 and the Declaration of ASEAN Concord II leading to the establishment of the ASEAN Community comprising 3 main pillars, namely, the ASEAN Security Community (ASC), the ASEAN Economic Community (AEC) and the ASEAN Socio-Cultural Community (ASCC). In this connection, China welcomed the adoption of the ASC Plan of Action and the ASCC Plan of Action and expressed its support in the implementation of activities under the two Plans. China also welcomed the signing of the ASEAN Framework Agreement on the Integration of Priority Sectors and the Protocols, which will support the realisation of the AEC. 7. We agreed to further strengthen cooperation in the non-traditional security eld through the implementation of the Joint Declaration of ASEAN and China Cooperation in the Field of Non-Traditional Security Issues signed on 4 November 2002 in Phnom Penh and the ASEAN-China Memorandum of Understanding (MOU) on Cooperation in the eld of Non-traditional Security Issues signed on 10 January 2004 in Bangkok. We noted with satisfaction that the Annual Plan for 2004 to implement the MOU has been completed and that ASEAN and China will be working on the Annual Plan for 2005. 8. We adopted the Plan of Action to Implement the Joint Declaration of the Heads of State/Government of ASEAN and China on Strategic Partnership for Peace and Prosperity. We are condent that this Plan of Action would accelerate alldimensional cooperation between the two sides with a view to consolidating and deepening the ASEAN-China strategic partnership. We also identied a number of priority areas, for implementation, under the Plan, which included energy cooperation, especially alternative clean energy, bio-fuels, and hydroelectric power; SMEs and industrial clustering; public health; science and technology as well as quality supervision, inspection and quarantine inspection. 9. We noted with satisfaction the progress in the implementation of the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China and agreed to expedite the implementation of the Early Harvest Programme and provide exibility to the new Member Countries of ASEAN. We welcomed the signing of the Agreement on Trade in Goods and Agreement on Dispute Settlement Mechanism by the ASEAN-China Economic Ministers as part of the implementation of the Framework Agreement on Comprehensive Economic Cooperation as

8
ASEAN Documents Series 2004 ASEAN Documents Series 2004

Chairmans Statement of the 3rd ASEAN + India Summit


Vientiane, Laos, 30 November 2004

regional trade arrangements together to promote Asias economic growth and prosperity. 13. The ASEAN Leaders expressed their appreciation to India for its support in the implementation of the projects under the Initiative for ASEAN Integration (IAI), in particular, its support to establish an Entrepreneurship Development Centre (EDC) in each CLMV, aimed at promoting capacity building in the areas of entrepreneurship and skilled labour development, and fostering SMEs, trade and investment in the respective countries and the region. The rst EDC was opened in Vientiane during the 10th ASEAN Summit and similar EDCs will be opened in Cambodia, Myanmar and Viet Nam in 2005. 14. The ASEAN Leaders welcomed Indias continued support to ASEAN Member Countries in capacity building, particularly human resource development. The ASEAN

Leaders welcomed the proposals of the Leader of India to further enhance cooperation in the areas of information and communications technology, space technology and application, including remote sensing, agriculture, and health and pharmaceuticals. 15. The ASEAN Leaders congratulated India for initiating and successfully organising the ASEAN-India Car Rally, which commenced on 22 November 2004 in Guwahati, India and will end in Batam, Indonesia. We ofcially agged off the rally in Vientiane on 30 November 2004 and noted that the rally has already generated public awareness of ASEANIndia relations and would promote connectivity, especially road transport and enhance trade, investment, tourism and people-to-people links between the ASEAN Countries and India. The ASEAN Leaders took note of Indias proposal to jointly organise the rally on a regular basis.

Deepening ASEAN-India Partnership


1. The ASEAN Leaders had a productive meeting with H.E. Dr. Manmohan Singh, Prime Minister of the Republic of India. They congratulated Prime Minister Singh for his assumption of the Prime Ministership, and welcomed him to the ASEAN-India Summit for the rst time. 2. We held a productive meeting on various issues of mutual interest, including regional and international political and economic issues, ways to deepen ASEAN-India partnership and the future direction of the relations. 3. We recognise the growing and active role of India in major international economic and political affairs in the United Nations, its agencies and other multilateral fora. We agreed to cooperate in major regional and international fora for mutual benet and to add a stronger voice and ensure equitable share of benets for the developing countries. We noted Indias foreign policy initiatives to forge closer and friendlier relations with the major powers and others. 4. The Leader of India welcomed the adoption by the ASEAN Leaders of the Vientiane Action Programme (VAP) to realise the goals of the ASEAN Vision 2020 and the Declaration of ASEAN Concord II. India expressed its support to the implementation of activities and projects under the VAP. 5. We acknowledged that the pluralistic and multicultural nature of our societies depended on the spirit of tolerance, peaceful co-existence and mutual respect for our diversity. We agreed that strengthening of our relations, rooted in long-standing and close historical and cultural ties, serves the fundamental interests of our peoples. 6. We expressed satisfaction on the progress made in ASEAN-India relations since the last two ASEAN-India Summits held in Cambodia in 2002 and Indonesia in 2003. We signed the ASEAN-India Partnership for Peace, Progress and Shared Prosperity and adopted its Plan of Action to expand and deepen our partnership and our cooperation in the new century. 7. We acknowledged that the signing of Partnership, Indias accession to the Treaty of Amity and Cooperation in Southeast Asia, the adoption of the ASEAN-India Joint Declaration for Cooperation to Combat International Terrorism reected our determination and commitment to move forward the relationship in a substantive, comprehensive and purposeful manner contributing to regional peace and stability, and shared economic prosperity and development. 8. We noted with satisfaction the progress made thus far in the negotiations of the ASEAN-India Trade Negotiating Committee to establish an ASEAN-India free trade area (FTA), which is part of the implementation of the ASEANIndia Framework Agreement on Comprehensive Economic Cooperation signed in Bali last year. We look forward to the early conclusion of these negotiations. We recognise that the ASEAN-India FTA would create new opportunities for strengthening and enhancing economic, trade and investment cooperation in the two regions. 9. We noted that ASEAN and India have agreed to an interim Rules of Origin for Early Harvest Programme (EHP). The Interim Rules of Origin will be based on a general rule of 40% of value-added with the ASEAN-proposed list of minimal processes, subject to reasonably short list of products where product specic rules will be negotiated and mutually agreed in time for the implementation of the EHP by 1 April 2005. The details of the Rules of Origin will be worked out by the ASEAN-India Trade Negotiating Committee. 10. The ASEAN Leaders expressed their sincere appreciation to India for its support and unilateral concessions to the CLMV and hoped that the CLMV would enjoy further continued cooperation and assistance from India with a view to effectively bridging the development gap among ASEAN members and between ASEAN and the outside world. In this connection, India offered to provide concessionary loans for social and development projects. 11. The ASEAN Leaders welcomed the convening of the Third ASEAN-India Business Summit held on 19-21 October 2004 in India and was pleased with the outcomes of the said Summit. We also noted the progress in implementing Indias offer on Open Sky policy made at our last Summit in Indonesia. 12. We noted that regional trade arrangements in South, Southeast Asia and East Asia served as building blocks towards wider economic and development cooperation in Asia and acknowledged that ASEAN and India, working in partnership, could contribute immensely to linking these

10
ASEAN Documents Series 2004 ASEAN Documents Series 2004

11

Chairmans Statement of the 8th ASEAN + Japan Summit


Vientiane, Laos, 30 November 2004

economic partnership between ASEAN and Japan and supported the proposal of Japan for an Eminent Persons Group. We noted the outcome of the ASEAN-Japan Business Dialogue held on 25 November 2004 in Vientiane. 11. The Leader of Japan welcomed the decision reached by ASEAN Leaders to convene the rst East Asia Summit

(EAS) in Malaysia in 2005. The ASEAN Leaders supported Japans proposal to host an ASEAN+3 Foreign Ministers Meeting in Kyoto in May 2005 to discuss the concept and modalities of an EAS. 12. The Leader of Japan supported the accession of Laos and Viet Nam to the WTO.

Strengthening the Dynamic and Enduring ASEAN-Japan Partnership


1. The 8th ASEAN + Japan Summit was held successfully on 30 November 2004 in Vientiane. The Meeting was chaired by H.E. Mr. Bounnhang Vorachith, Prime Minister of the Lao PDR. 2. We held a fruitful and cordial discussion under the theme of Strengthening the Dynamic and Enduring ASEAN-Japan Relations . We reiterated the importance of ASEAN-Japan relations, which had contributed to peace, stability, and prosperity in the region and the world. 3. The ASEAN Leaders reiterated that Japan is one of ASEANs oldest and important dialogue partners and highly valued the support and assistance given by Japan to ASEAN over the last three decades. They called on Japan to continue its strong support to ASEANs integration, and development. 4. The ASEAN Leaders congratulated Japan on the successful convening of the historic meeting of the ASEANJapan Commemorative Summit held in Tokyo last December. We welcomed the signing of the Tokyo Declaration for the Dynamic and Enduring ASEAN-Japan Partnership in the New Millennium and the adoption of the ASEAN-Japan Plan of Action to implement the Tokyo Declaration to strengthen the growing strong and broad-based partnership. In this connection, we noted with satisfaction the Executive Report on the progress of implementation of the Plan of Action and called for closer cooperation at all levels bilaterally, subregionally and regionally to further promote the ASEANJapan dialogue relations. 5. We exchanged views on a number of regional and international political and economic issues of our mutual concerns. This included the nuclear issue on the Korean Peninsular as well as UN reforms, in particular, those of the Security Council through expanding both permanent and non-permanent categories and working methods. In this connection, we noted the importance of the Six-Party Talks and the need to engage in dialogue to promote mutual condence. We also shared the view that the Six-Party Talks should be reconvened at the earliest possibility to bring about the common goal of denuclearisation of the Korean Peninsular. We welcomed the important role Japan is playing in the Six-Party Talks. 6. ASEAN Leaders welcomed Japans accession to the Treaty of Amity and Cooperation in Jakarta in July 2004, which will contribute to the maintenance of peace and stability in the region. We adopted the ASEAN-Japan Joint Declaration for Cooperation on the Fight Against International Terrorism that will further enhance our cooperation in ghting terrorism. 7. We noted the progress on the implementation of the Framework for Comprehensive Economic Partnership (CEP) between ASEAN and Japan signed last year. We acknowledged that the establishment of an economic partnership agreement between Japan and ASEAN Member Countries would help economic growth across ASEAN region. We also agreed that ASEAN-Japan CEP Agreement negotiation should commence in April 2005, and took note of the Economic Ministers commitment to endeavour to conclude the negotiation within two years from that day. 8. The ASEAN Leaders expressed their appreciation to Japan for its support for the Vientiane Action Programme (VAP) and its assistance in ASEANs integration through various ASEAN initiatives and projects, namely IAI, Mekong Basin Development, BIMP-EAGA and others, aiming at narrowing the development gaps between the old and new members of ASEAN and human resource development. Japan welcomed the CLMV and the CLV Summits and expressed its support to the implementation of the Vientiane Declaration on Enhancing Economic Cooperation and Integration among Cambodia, Laos, Myanmar and Viet Nam, and the Vientiane Declaration on the Establishment of the Cambodia-Laos-Viet Nam Development Triangle. 9. Taking into account the current high oil price, we supported energy cooperation, in particular, in alternative energy, such as bio-fuels, and hydroelectric power, and stockpiling and energy security. In this regard, ASEAN Leaders encouraged Japan to increase direct investment in Cambodia, Laos, and Myanmar, such as through the construction of hydroelectric power plants and to relocate environmental friendly industries in these three countries in sectors where they enjoyed comparative advantage. 10. We shared the view that there is a need to facilitate the reform of ASEAN-Japan Centre to promote the growing

12
ASEAN Documents Series 2004 ASEAN Documents Series 2004

13

of the 8

th

Chairmans Statement ASEAN + Republic of Korea Summit


Vientiane, Laos, 30 November 2004

Joint Declaration of the Leaders at the ASEAN-Australia and New Zealand Commemorative Summit
Vientiane, Laos, 30 November 2004

Deepening ASEAN-Republic of Korea Relationship


1. The ASEAN Leaders had a productive meeting with H.E. Roh Moo-hyun, President of the Republic of Korea (ROK). We exchanged views on wide ranging regional and international political, security and economic issues. 2. We recalled that the ASEAN-ROK relations began in 1989 and that this year marked the 15th Anniversary of the relationship. We noted with satisfaction that the relations have deepened and widened and many substantive activities have been implemented to support the dialogue partnership and ASEANs integration efforts. We welcomed the activities and projects by ASEAN and the ROK to commemorate the 15th anniversary to showcase ASEAN-ROK partnership, especially the strong people-to-people contacts between the two sides. 3. The ASEAN Leaders welcomed the ROKs accession to the Treaty of Amity and Cooperation in Southeast Asia, which will not only demonstrate the strong commitment by the ROK to further strengthen political and security engagement with ASEAN to a higher level but will also contribute to regional peace, stability and prosperity. 4. We reafrmed the importance of the ASEAN-ROK partnership. We signed the ASEAN-ROK Joint Declaration on Comprehensive Cooperation Partnership on this 15th Anniversary of the dialogue relations to further consolidate the partnership and to chart the future direction in the 21st century. We tasked our Ministers to develop a Plan of Action to implement the Joint Declaration for adoption at the next ASEAN-ROK Summit in Malaysia in 2005. 5. We proposed that the ROK consider incorporating ASEAN Studies in the curriculum of its universities to enable Korean youth to obtain a better understanding of the ASEAN Member Countries and its peoples. 6. We welcomed the recommendations from the ASEANROK Experts Group on the measures to expand two-way trade and investment by liberalising and integrating the markets. We afrmed that the establishment of an ASEAN-ROK Free Trade Area (AKFTA) would be mutually benecial. In this regard, we agreed to launch the AKFTA negotiations in early 2005 with a goal of having at least 80% of products zero tariff by 2009, and with consideration for special and differential treatment and additional exibility for new ASEAN Member Countries. 7. Taking into account the current high oil price, the ASEAN Leaders proposed that the ROK work together with ASEAN in dening the global strategy on energy cooperation, in particular, in alternative energy, such as bio-fuels, and hydroelectric power, and oil stockpiling and energy security. In this regard, ASEAN Leaders encouraged the ROK to increase direct investment in Cambodia, Laos, and Myanmar, such as through the construction of hydroelectric power plants. 8. We reafrmed our commitment to a peaceful and comprehensive solution to the nuclear issue on Korean Peninsular. In this connection, we noted the importance of the Six-Party Talks and the need to engage into dialogue to promote mutual condence. We also shared the view that the Six-Party Talks should be reconvened at the earliest possibility to bring about the common goal of denuclearisation of the Korean Peninsular. We recognised the important role of the ROK in the Six-Party Talks. 9. The ROK welcomed the signing of Joint Declaration between ASEAN and its other dialogue partners on cooperation to combat terrorism. In this regard, we agreed to further strengthen our cooperation in ghting terrorism. 10. The ASEAN Leaders highly valued the ROKs decision to increase its contribution to the ASEAN-ROK Special Cooperation Fund (SCF) and ASEAN-ROK Future Oriented Cooperation Projects Fund (FOCP) next year, which demonstrates its strong commitment to enhance the dialogue partnership. The ASEAN Leaders also expressed its appreciation to the ROK for its support for the implementation of projects under the Initiative for ASEAN Integration (IAI), and hoped that the ROK will contribute to the implementation of the Vientiane Action Programme (VAP) to assist ASEAN in narrowing the development gaps and accelerating its integration as the whole. 11. The ASEAN Leaders expressed their appreciation to the ROK for its support to bridge the development gaps through cooperation in the sub-regional frameworks, such as the AMBDC, ACMECS, BIMP-EAGA, and GMS to promote economic and social development, and improve living standards of the people in the region. 12. The ROK welcomed and expressed its support to the forthcoming Second East Asia Forum, which will be held in Kuala Lumpur in December 2004. The ROK also welcomed the decision reached by ASEAN Leaders to convene the rst East Asia Summit (EAS) in Malaysia in 2005 WE, the Heads of State/Government of Member Countries of the Association of Southeast Asian Nations (ASEAN), and Australia and New Zealand gathered on 30 November 2004 in Vientiane, Lao PDR for the ASEAN-Australia and New Zealand Commemorative Summit; NOTING that the Summit was taking place during the 30th anniversary year of the dialogue partnership between ASEAN and Australia ASEANs rst such relationship and that 2005 would mark the 30th anniversary year of the dialogue partnership between ASEAN and New Zealand; RECOGNISING that the establishment of the ASEANAustralia and ASEAN-New Zealand dialogue relations in 1974 and 1975 respectively had paved the way for strengthening of relations, which have contributed to building mutual trust and respect, good neighbourliness and interdependence and provided mutual benets to our peoples; RECALLING the Joint Statements of the ASEAN Heads of State/Government and Prime Minister of Australia, and the ASEAN Heads of State/Government and Prime Minister of New Zealand on 7 August 1977 and 8 August 1977 in Kuala Lumpur respectively, which demonstrated the mutual desire of ASEAN, Australia and New Zealand to enhance dialogue relations and cooperation; ACKNOWLEDGING with satisfaction that our countries have fostered a close, cooperative and multifaceted partnership, including in the areas of security and defence; trade, investment and nance; law and order; development cooperation; education; research, science and technology; tourism; media; culture and the arts; and people to people links; and noting that these linkages are longstanding and have been increasing steadily over time; CONVINCED that this record of constructive engagement has laid a strong foundation for a new level of interaction beyond this Summit that will take our partnership to greater heights and closer friendship; BEARING IN MIND the interdependency of the security and prosperity of ASEAN, Australia and New Zealand and that the opportunities and challenges posed by globalisation and the dynamic developments in the region and the world require coordinated and coherent responses at the regional level; AGREEING on the seriousness of the threat posed by terrorism to the security and prosperity of the region, and of the world in general, and reafrming our shared determination to prevent, suppress and eliminate terrorism in all its manifestations; RECOGNISING that the transnational nature of terrorism calls for a comprehensive approach that embraces action on many fronts, including by addressing the economic, social and political factors that create conditions in which extremism can take root and ourish, and noting the contribution that international cooperation on counter-terrorism and relevant development projects can make in this regard; RECOGNISING the need for close cooperation and coordinated actions to combat transnational crime in order to promote security, peace and stability within our region; WELCOMING the ASEAN-Australia Joint Declaration for Cooperation to Combat International Terrorism signed on 1 July 2004 in Jakarta, and New Zealands willingness to consider signing a similar Joint Declaration with ASEAN, which will further strengthen security cooperation, in particular on counter-terrorism; ACKNOWLEDGING that the proliferation of weapons of mass destruction and their means of delivery poses one of the most serious challenges to international peace and security in our time, and agreeing on the importance of international regional and national efforts to address such proliferation; REAFFIRMING the signicance of the ASEAN Regional Forum (ARF) as the primary forum for security cooperation in the Asia-Pacic; REAFFIRMING our adherence to the principles enshrined in the Charter of the United Nations and other basic principles in international law and inparticular, our faith in, and respect for, each others independence, national sovereignty, territorial integrity, and the principles of non-interference in the internal affairs of other states, renunciation of threat or use of force, peaceful settlement of disputes, equality, and mutual respect and mutual benet; EXPRESSING full support for the realisation of the ASEAN Vision 2020 adopted in November 2000 in Kuala Lumpur, and the implementation of the Declaration of ASEAN Concord II (Bali Concord II) signed on 7 October 2003 in Bali leading to the formation of the ASEAN Community comprising the ASEAN Security Community, ASEAN Economic Community,

14
ASEAN Documents Series 2004 ASEAN Documents Series 2004

15

and ASEAN Socio-Cultural Community, as well as the Initiative for ASEAN Integration (IAI) launched in November 2000 in Singapore and the Vientiane Action Programme (VAP) signed on 29 November 2004 in Vientiane aimed at further integrating ASEAN and narrowing the developments gaps; RECALLING the Joint Ministerial Declaration on the AFTACER Closer Economic Partnership signed during the 7th AEM-CER Consultations in 2002 in Bandar Seri Begawan; to promote trade, investment and regional economic integration between ASEAN and the CER countries, with a target of doubling trade and investment by 2010; RECOGNISING the contributions made by Australia and New Zealand through their development assistance programmes to ASEAN and its Member Countries to improve the living standards of the peoples of our region, to promote sustainable development, and to support the realisation of the goals and objectives of the ASEAN Vision 2020, and the Bali Concord II, and to implement the Ha Noi Plan of Action, and the IAI; DETERMINED to nurture our human, cultural and rich natural resources including traditional knowledge and plant variety protection; CONVINCED that further broadening and deepening of the three decades of dialogue partnerships will continue to serve the interests of our peoples and is essential for promoting peace, stability, sustained development and prosperity in our region; HEREBY DECLARE OUR COMMITMENT TO: 1. Enhancing Political and Security Cooperation Foster strong bonds, good neighbourliness, peaceful co-existence, and prosperity in our region, recognising and respecting the rule of law and justice, as well as the diversity, particularly the differences in development paths, security concerns, values, culture and traditions among countries, and work together to create an environment of tolerance and openness for cooperation and development in the region. Cooperate in multilateral fora, in particular the United Nations and the World Trade Organisation, to contribute to the peace, stability, development and prosperity of the region and the world, and to ensure that the benets of globalisation are equitably shared by all countries, both developed and developing countries as well as the least developed countries. Enhance political and security cooperation and partnership through bilateral frameworks, the 2.

ASEAN Regional Forum, Asia Pacic Economic Cooperation (APEC) and other regional and international fora. Cooperate in areas of disarmament, arm control and non-proliferation of weapons of mass destruction (WMD), their means of delivery and related materials. Strengthen international non-proliferation cooperation and efforts including through the United Nations and regional fora. Improve awareness, implementation and enforcement multilaterally binding international arm control and non-proliferation instruments and support measures, such as export controls. Recognise the importance of the Treaty of Amity and Cooperation in Southeast Asia in building peace and stability in the region and strengthening ASEANs relationship with its Dialogue Partners. In this connection, ASEAN Leaders encourage Australia and New Zealand to positively consider acceding to the Treaty in the near future in the spirit of the strong trust and friendship between ASEAN and Australia and New Zealand and their common desire to contribute to regional peace and stability. Intensify cooperation and capacity building efforts at the bilateral, regional and multilateral levels to prevent, suppress and eliminate international terrorism in all forms and manifestations, and to address the economic, social and political factors that create the conditions which give rise to and nourish extremism. Take urgent steps to prevent and combat the menace of transnational crimes such as trafcking in drugs, arms smuggling, human trafcking, particularly in women and children, child sex tourism, cyber crime, international economic crime, sea piracy, money laundering and nancing of terrorism, through effective institutional linkages and cooperation programmes. 3.

Build on existing and ongoing cooperation initiatives under the AFTA-CER, CEP , especially in the areas of trade and investment facilitation measures, as well as technical assistance and capacity building among ASEAN, Australia and New Zealand, particularly for the newer ASEAN members. Commence negotiations on an ASEAN-Australia and New Zealand Free Trade Area in early 2005, to be completed within two (2) years, on the basis of the time frames and the guiding principles endorsed by our Economic Ministers attached to this Declaration as an Annex. Reaffirm and follow through with their commitments as reected in the agreement reached in Geneva in August 2004 on a framework to guide the nal phase of the Doha Round of World Trade Organisation negotiations recognising the importance of substantial agricultural reform, including the early elimination of all forms of export subsidies, to achieving an acceptable overall outcome in the Doha Round. Support the early accession of non-WTO members of ASEAN in the WTO. Promote and strengthen cooperation on nancial infrastructure and capital market development in order to achieve sustainable growth in the challenging global economy. Explore opportunities for a wider cooperation in the eld of tourism in areas such as joint promotion, marketing, investment, and manpower development.

Greater Mekong Sub-region (GMS) to promote economic and social development, strengthen the cohesiveness of ASEAN and improve standards of living in the region. Continue Ofcial Development Assistance (ODA) from Australia and New Zealand to ASEAN, especially to the new Member Countries and least developed countries (LDC) of ASEAN in their efforts to narrow the development gaps given the importance, impact and relevance of their past ODA to ASEAN. Reinforce mutual cooperation and assistance in human resource development through promoting further education sector linkages student and youth exchanges and scholarships. Strengthen cooperation in preventing and combating the spread of communicable diseases, such as HIV/AIDS, SARS and Avian Inuenza. Encourage the development of new collaborative regional partnerships between Australia, New Zealand and ASEAN members. Enhance cooperation in energy security, nonconventional energy, and science and technology. Promote cooperation in the eld of sustainable agricultural development focusing on human resource development and capacity building, particularly for the least developed countries of ASEAN, in sanitary and phyto-sanitary measures and agricultural standards. Promote sustainable development through strengthening cooperation in various areas of the environment protection and management such as biodiversity, chemicals and hazardous waste, forestry and zoology management ASEAN Heritage Parks and cultural heritage and Marine Protected Areas, and water resources management.

Consolidating Functional and Development Cooperation Cooperate including through development cooperation programmes, to support and facilitate ASEANs economic development and integration efforts as it strives to realise the ASEAN Community, giving special attention to projects under the IAI and the VAP. Strengthen existing efforts to bridge the development gaps in ASEAN by developing the sub-regional growth areas, such as the ASEAN-Mekong Basin Development Cooperation (AMBDC), Ayeyawaday-Chao Phraya-Mekong Economic Cooperation Strategy (ACMECS), Brunei Darussalam-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA), CambodiaLaos-Viet Nam Triangle, the Emerald Triangle, Indonesia-Malaysia-Thailand Growth Triangle, and

4.

Strengthening Economic Linkages and Financial Cooperation Promote growth and development and increase living standards throughout the region, and to further economic integration by launching negotiations on a Free Trade Agreement (FTA), which will build on the substantial trade and investment linkages already established between ASEAN, Australia and New Zealand.

Promoting People-to-People Contacts and Exchanges Deepen and expand partnership based on mutual trust, respect, equality and understanding of each others cultures and values through people-topeople exchanges among government personnel, educational and academic exchanges, professional exchanges and grassroots interactions Welcome initiatives taken by ASEAN, Australia and New Zealand to promote a conducive and

16
ASEAN Documents Series 2004 ASEAN Documents Series 2004

17

favourable environment for citizens of ASEAN, Australia and New Zealand who are living, working and studying in each others territories. Promote awareness and understanding of ASEAN, Australia and New Zealand among our peoples through enhanced cooperation in the areas of public information, media interaction, tourism, language learning, culture, heritage development and grassroots leadership. Foster dialogue among cultures and religions as a means for better understanding and friendship among our peoples.

realising the purposes of this Declaration and to provide, within respective national capacities, resources needed for its implementation. Strengthen funding mechanisms for the effective implementation of this Declaration. Provide periodic review of the progress made in the implementation of this Declaration utilising existing mechanisms in the dialogue relations.

For the Lao Peoples Democratic Republic

For the Republic of Singapore

BOUNNHANG VORACHITH Prime Minister

LEE HSIEN LOONG Prime Minister

SIGNED in Vientiane, Lao PDR, this Thirtieth Day of November in the Year Two Thousand and Four in three originals in the English language.

For Malaysia

For the Kingdom of Thailand

Implementation and Funding Arrangements Task our Ministers to continue to identify and implement concrete measures and activities in DATO SERI ABDULLAH AHMAD BADAWI Prime Minister DR. THAKSIN SHINAWATRA Prime Minister

For the Union of Myanmar For Brunei Darussalam For Australia

For the Socialist Republic of Viet Nam

HAJI HASANAL BOLKIAH Sultan of Brunei Darussalam

JOHN HOWARD Prime Minister

LIEUTENANT GENERAL SOE WIN Prime Minister

PHAN VAN KHAI Prime Minister

For the Republic of the Philippines For the Kingdom of Cambodia For New Zealand

SAMDECH HUN SEN Prime Minister

HELEN CLARK Prime Minister

GLORIA MACAPAGAL-ARROYO President

For the Republic of Indonesia

DR. SUSILO BAMBANG YUDHOYONO President

18
ASEAN Documents Series 2004 ASEAN Documents Series 2004

19

ANNEX GUIDING PRINCIPLES FOR NEGOTIATION ON ASEAN-AUSTRALIA AND NEW ZEALAND FREE TRADE AREA (FTA)

Chairmans Statement of the ASEAN-Australia and New Zealand Commemorative Summit


Vientiane, Laos, 30 November 2004
1. We, Leaders from ASEAN, Australia and New Zealand met on 30 November 2004 in Vientiane, Lao PDR, to commemorate the 30th Anniversary of ASEAN-Australia and ASEAN-New Zealand dialogue relationships in 2004 and 2005 respectively and to set the direction for our future relations. 2. We were gratied that the dialogue partnerships between ASEAN and Australia, and New Zealand have strengthened and matured over the three decades and have contributed to the building of mutual trust and respect, good neighbourliness and interdependence and provided mutual benets to our peoples. We also noted with satisfaction that our countries have steadily fostered a close, cooperative and multifaceted partnership, including in the areas of security and defence, trade, investment and nance, law and order, development cooperation, education, research, science and technology, tourism, media, culture and the arts, and people to people contacts. 3. We signed a Joint Declaration of the Leaders at the ASEAN-Australia and New Zealand Commemorative Summit. This Declaration will mark the beginning of a new era in our partnerships further intensifying and expanding our cooperation to serve the interests of our peoples and promote peace, stability, sustained development and prosperity in our region. 4. The Leaders of Australia and New Zealand expressed their support for the establishment of the ASEAN Community comprising the ASEAN Security Community, ASEAN Economic Community, and ASEAN Socio-Cultural Community as well as the Vientiane Action Programme (VAP) aimed at further integrating ASEAN and narrowing the developments gaps; 5. We had a very productive and fruitful discussion on regional and international political and economic issues. We agreed to further enhance the ASEAN-Australia and New Zealand economic partnerships by launching negotiations on a Free Trade Agreement (FTA), which will build on the substantial trade and investment linkages already established between ASEAN, Australia and New Zealand. We agreed to commence negotiations on an ASEAN-Australia and New Zealand Free Trade Area in early 2005, to be completed within two years, on the basis of the time frames and the guiding principles agreed by our Economic Ministers. 6. We recognise the importance of the Treaty of Amity and Cooperation in Southeast Asia in building peace and stability in the region and strengthening ASEANs relationship with its Dialogue Partners. In this connection, the ASEAN Leaders encourage Australia and New Zealand to positively consider acceding to the Treaty in the near future in the spirit of the strong trust and friendship between ASEAN and Australia and New Zealand, and their common desire to contribute to regional peace and stability. 7. We underscored the importance and need to intensify cooperation and capacity building efforts at the bilateral, regional and multilateral levels to combat terrorism and transnational crimes. In this connection, we agreed to strengthen institutional linkages and implement cooperation programmes. 8. The Leaders of Australia and New Zealand agreed to continue their support, including through development cooperation programmes, to ASEANs economic development and integration efforts as well as to strengthen existing efforts to bridge the development gaps in ASEAN through the Initiative for ASEAN Integration (IAI) and by developing the sub-regional growth areas in ASEAN to promote economic and social development, strengthen the cohesiveness of ASEAN and improve standards of living in the region. They also agreed to continue the Ofcial Development Assistance from Australia and New Zealand to ASEAN, especially the new Member Countries. In this connection, the ASEAN Leaders expressed their appreciation to Australia and New Zealand for their continued assistance. 9. We agreed to strengthen cooperation in human resource development through promoting further education sector linkages through student and youth exchanges and scholarships as well as in preventing and combating the spread of communicable diseases, such as HIV/AIDS, SARS and Avian u. 10. We agreed to deepen and expand the partnerships based on mutual trust, respect, equality and understanding of each others cultures and values through people-to-people exchanges among government personnel, educational and academic exchanges, professional exchanges and grassroots interactions. 11. We welcomed the initiatives taken by ASEAN, Australia and New Zealand to promote a conducive and favourable environment for citizens of ASEAN, Australia and New Zealand who are living, working and studying in each others territories. 12. The Leaders of Australia and New Zealand agreed to support the early accession of Laos and Viet Nam in the WTO.

The FTA will be mutually benecial for all parties. With that objective in mind, the negotiations will be guided by the following principles: (a) The FTA should be comprehensive in scope, covering trade in goods, services and investment. (b) The objective of the FTA should be to move towards deeper economic integration between the two regions through progressive elimination of all forms of barriers to trade in goods, services and investment; and through trade and investment facilitation and economic cooperation measures. (c) The FTA should, where relevant, build on members commitments in the WTO. (d) Due consideration should be given to the different levels of development and capacity of the Member Countries to participate in comprehensive trade and investment liberalisation. The FTA should therefore include provision for exibility, including special and differential treatment, especially for the newer ASEAN members. (e) Recognising the different levels of development among the Member Countries of the two regions, provision should be made for technical assistance and capacity building programs to enable all parties to participate fully and to obtain full benet from the FTA. (f) The FTA will be designed to enhance and improve transparency in trade and investment relations between the parties.

(g) The modalities and timeframes of the FTA, including differentiated timeframes for Australia and New Zealand, ASEAN-6 and CLMV, and products, should be settled at an early stage of the negotiations. (h) The FTA will be open to inclusion of issues not covered by the existing AFTA and CER Agreements, to be agreed by all parties. (i) The terms of the FTA will be subject to periodic review. (j) The FTA should be consistent with WTO provisions, including GATT Article XXIV and GATS Article V. (k) The FTA should draw, as appropriate, on elements of the economic integration agreements of ASEAN and CER. In addition, the elements of any FTAs involving ASEAN Member Countries, Australia and New Zealand may be used as reference points. (I) AFTA and CER will continue to exist as distinct, functioning agreements, as will the FTAs between ASEAN Member Countries, Australia and New Zealand. No provision in the FTA will detract from the terms and conditions of bilateral and plurilateral FTAs between ASEAN Member Countries, Australia and New Zealand. The FTA will be fully implemented within 10 years. The negotiations will commence in early 2005 and be completed within two years.

20
ASEAN Documents Series 2004 ASEAN Documents Series 2004

21

Vientiane Action Programme (VAP) 2004-2010


Vientiane, Laos, 29 November 2004
I. PREAMBLE Theme: Towards shared prosperity and destiny in an integrated, peaceful and caring ASEAN Community WE, the Heads of State and Government of the Association of Southeast Asian Nations (hereinafter referred to as ASEAN), gathered here in Vientiane, Laos, on 29 November 2004 for the Tenth ASEAN Summit; NOTING that ASEAN Vision 2020 envisions ASEAN as a concert of Southeast Asian Nations, outward-looking, living in peace, stability and prosperity, bonded together in partnership in dynamic development and in a community of caring societies; NOTING FURTHER that the Hanoi Plan of Action (HPA), the rst in a series of action plans or programmes leading to the end-goal of ASEAN Vision 2020, ends in 2004 and that a successor action plan or programme is needed to guide further progress towards ASEAN Vision 2020; RECALLING the Declaration of ASEAN Concord II, which elaborates on the themes of ASEAN Vision 2020 by setting concrete milestones to reach the goals of a broad and comprehensive ASEAN Community, founded on the three pillars of political and security cooperation, economic integration, and socio-cultural cooperation, to form the ASEAN Security Community, the ASEAN Economic Community and the ASEAN Socio-Cultural Community by 2020; ACKNOWLEDGING that the global and regional economic environment has changed and is continuously challenged by new developments which have an impact on the trade and investment ows, and the economic competitiveness of ASEAN, and that ASEAN now has to work within a new strategic context; RECOGNISING that deepening and broadening the integration of ASEAN must be accompanied by technical and development cooperation to address the development gap among the Member Countries so that the benets of ASEAN integration are shared and which will enable all ASEAN Member Countries to move forward in a unied and cohesive manner; REITERATING our commitment to strengthen efforts to narrow the development gap in ASEAN by building upon existing initiatives such as the Initiative for ASEAN Integration (IAI), the Roadmap for the Integration of ASEAN (RIA), the Ha Noi Declaration on Narrowing Development Gap for Closer ASEAN Integration of 23 July 2001 and the Vientiane Declaration on Enhancing Economic Cooperation and Integration Among Cambodia, Lao PDR, Myanmar and Viet Nam of 28 November 2004; DO HEREBY DECLARE THAT: 1. We agree to pursue the comprehensive integration of ASEAN towards the realisation of an open, dynamic and resilient ASEAN Community by 2020 as envisioned in the Declaration of ASEAN Concord II and its annexes in the form of the action plans of the ASEAN Security Community (ASC), the ASEAN Socio-Cultural Community (ASCC) and the Recommendations of the High-Level Task Force on ASEAN Economic Integration; 2. We shall address, by various ways and means, the development issues and special needs of the less developed ASEAN Member Countries and sub-regional areas of ASEAN, including the implementation of the concept of Prosper Thy Neighbour by instituting programmes to narrow the development gap, reducing socio-economic disparities and eradicating poverty within ASEAN, and by doing so, move forward in a unifying and cohesive manner to prosper ASEAN. We also recognise the contributions of sub-regional arrangements such as, the Brunei, Indonesia, Malaysia, Philippines East ASEAN Growth Area (BIMPEAGA), Indonesia, Malaysia, Thailand-Growth Triangle (IMT-GT), Indonesia, Malaysia, Singapore-Growth Triangle (IMS-GT), ASEAN Mekong Basin Development Cooperation (AMBDC), Greater Mekong Sub-region (GMS) and the Ayeyawady-Chao Phraya-Mekong Economic Cooperation Strategy (ACMECS) to reducing the development gap within the region; 3. We shall strengthen further ASEANs institutional framework both in terms of its structure and process to ensure that it is responsive to the challenges and needs of moving towards an ASEAN Community, including in terms of coordination and efficiency as well as in strengthening its ability to shape events in Southeast Asia and beyond; 4. We shall adopt greater outward-looking external relation strategies with our Dialogue Partners and friends in building a peaceful, secure and prosperous ASEAN, strengthening our economic linkages and deepening our socio-cultural cooperation with East Asia and beyond; 5. We recognise the need to strengthen ASEAN and shall work towards the development of an ASEAN Charter;

6. We shall, rst and foremost, work closely between and among ourselves to generate our own indigenous resources as well as reach out to our Dialogue Partners and all others who wish to engage ASEAN on the basis of equality, non-discrimination and mutual benet, to build bridges between the public sector and all other sectors of society within and outside ASEAN in order to facilitate a synergy of experience, expertise and resources available thereof for the attainment of the ASEAN Community; 7. We shall promote an ASEAN cultural heritage as a creative expression of the ASEAN spirit, and as a basis for an enduring bond of an ASEAN regional identity, since it originates from common ties throughout history and a shared aspiration for peace and prosperity; 8. We hereby endorse the Vientiane Action Programme (VAP), the successor to the HPA, to be implemented for the period 2004-2010, as an instrument to unify and cross-link the strategies and goals of the three pillars of the ASEAN Community and as an integral part of the action plans and programmes building up to the realisation of the goals of ASEAN Vision 2020; 9. As the process leading to the establishment of the ASEAN Community is continuously evolving, the VAP should therefore be perceived as an evolving document. Therefore, the lists of activities that are envisaged as being implementable in the period of 2004-2010, as contained in the various annexes to the VAP, are nonexhaustive; and 10. We commit ourselves, therefore, to implement the VAP paying attention to its two dimensions, the rst being the broader integration of the ten Member Countries into one cohesive ASEAN Community, and the second being the identication of new strategies for narrowing the development gap to quicken the pace of integration, and working closely among ourselves, with our Dialogue Partners and others, to mobilise political will and generate the required resources for the effective implementation of the VAP. II. GOALS AND STRATEGIES TOWARDS REALISING THE ASEAN COMMUNITY 1. ASEAN Security Community

in a just, democratic and harmonious environment. The ASC subscribes to the principle of comprehensive security, which acknowledges the strong interdependencies of the political, economic and social life of the region. Thus, it views political and social stability, economic prosperity, and equitable development as strong foundations for the ASEAN Community, and will accordingly pursue programmes that will build on these foundations. On the external relations front, the ASC shall contribute to further promote peace and security in the Asia Pacific region, strengthen ASEANs role as the driving force of the ASEAN Regional Forum (ARF), and continue to enhance ASEANs engagement with Dialogue Partners and friends. Consistent with the ASC Plan of Action, the VAP for the ASC shall be pursued along ve strategic thrusts, namely, political development, shaping and sharing of norms, conict prevention, conict resolution, and post-conict peace-building, the implementation of which shall focus on actions that are conceivably achievable by 2010. 1.1 Political Development

In support of our commitment to enhance a political environment in which ASEAN Member Countries have strong adherence to peaceful ways of settling intraregional differences and regard their individual security as fundamentally linked together and bound by geographic location, common vision and shared values, the strategies for political development are: i. Promote understanding and appreciation of political systems, culture and history of Member Countries through increasing people-to-people contacts and track-two activities; Promote human rights and obligations; Lay the groundwork to establish an institutional framework to facilitate the free ow of information among ASEAN Member Countries; Establish programmes for mutual support and assistance among ASEAN Member Countries in the development of a strategy for strengthening the rule of law, judiciary systems and legal infrastructure, effective and efcient civil services, and good governance in public and private sectors; Increase the participation of non-governmental organisations such as the ASEAN InterParliamentary Organisation (AIPO), the ASEAN Peoples Assembly (APA), the ASEAN Business Advisory Council (ABAC), the ASEAN Institute for Strategic and International Studies (ISIS) and the academia, especially the ASEAN University Network (AUN), in moving forward ASEAN political development initiatives, and strengthen the role of the ASEAN Foundation; and Prevent and combat corruption.

ii. iii. iv.

v.

Theme: Enhancing peace, stability, democracy and prosperity in the region through comprehensive political and security cooperation Strategic Thrusts The ASEAN Security Community (ASC) embodies ASEANs aspirations to achieve peace, stability, democracy and prosperity in the region where ASEAN Member Countries live at peace with one another and with the world at large

vi.

22
ASEAN Documents Series 2004 ASEAN Documents Series 2004

23

1.2

Shaping and Sharing of Norms

1.4

Conict Resolution

In order to contribute to building collective responsibilities and forming a standard or common adherence to norms of good conduct in a democratic, tolerant, participatory and open community, as a means to consolidating and strengthening ASEANs solidarity, cohesiveness and harmony (the we feeling), the strategies for shaping and sharing of norms include: i. ii. iii. Initiate the preparatory activities to develop an ASEAN Charter; Encourage accession to the Treaty of Amity and Cooperation (TAC) by non-ASEAN countries; Ensure the full implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) and work towards the adoption of a regional code of conduct in the South China Sea; Work towards resolving outstanding issues to ensure signing of the Nuclear Weapon States to the Protocols to the Southeast Asia Nuclear Weapon Free Zone (SEANWFZ) treaty; and Work towards concluding an ASEAN Mutual Legal Assistance Agreement and an ASEAN convention on counter terrorism, and the establishment of an ASEAN extradition treaty as envisaged by the 1976 Declaration of ASEAN Concord. Conict Prevention

In support of the collective interests of all Member Countries for comprehensive solutions to conicts and establishing durable peace and security, and while continuing to use national, bilateral and international mechanisms for dispute settlement, the strategies for conict resolution shall focus on exploring innovations and modalities such as: i. Utilise existing and planned national peacekeeping centres in some ASEAN Member Countries to establish regional arrangements for the maintenance of peace and stability; Build upon the existing modes of pacic settlement of disputes to strengthen them with additional mechanisms as needed; and Undertake joint conict management and resolution research studies and exchanges among ASEAN centres of excellence on peace. Post-Conict Peace-Building

The overall strategy for realising the AEC involves deepening and broadening economic integration in the product and factor markets, and accelerating the integration process towards a single market and production base. The VAP will: a Intensify current economic cooperation initiatives and measures targeted for completion on or before 2010 and implement new ones to accelerate integration in the eleven priority sectors, as recommended by the High Level Task Force (HLTF) on ASEAN Economic Integration, which is attached to the Bali Concord II; Remove, to the extent feasible and agreeable to all Member Countries, barriers to the free ow of goods, services and skilled labour, and freer ow of capital by 2010; and Develop and implement other measures to put in place all the essential elements or conditions for ASEAN to function as a single market and production base initially for the priority sectors by 2010. These measures include enhancing the attractiveness of ASEAN as an investment destination; accelerating the liberalisation of trade in goods; improving trade and business facilitation; reducing trade transaction costs; promoting regional trade in services; upgrading competitiveness of ASEAN SMEs, strengthening the ASEAN Dispute Settlement System; and such other integration support measures as may be required.

iv) v) vi) vii) viii) ix) x) xi)

Fisheries Rubber-Based Products Textiles and Apparels Wood-Based Products Air Travel e-ASEAN (ICT) Healthcare Tourism.

ii. iii.

b.

iv.

The proposed approaches to integrate these priority sectors are premised on combining the economic strengths of ASEAN Member Countries for regional advantage; facilitating and promoting intra-ASEAN investments; improving the conditions to attract and retain manufacturing and other economic activities within the region; promotion of intra-industry trade and outsourcing within ASEAN; and promoting the development of Made in ASEAN products and services. A roadmap will serve as the basis for economic integration of each of the priority sectors, with active involvement of the private sector. The roadmaps in the form of Framework Agreement and Protocols for each of the priority sectors will contain detailed and specic measures to be implemented from 2005 to 2010. 2.2 ASEAN Investment Area

v.

1.5

c.

Creating the conditions necessary for sustainable peace and preventing the resurgence of conict requires certain types of multidisciplinary expertise and institutions. Thus, the strategies for post-conict peace-building are: i. ii. iii. iv. v. Strengthen humanitarian assistance by providing safe havens in conict areas; Implement human resources development and capacity building programmes in areas undergoing post-conict resolution and rehabilitation; Work towards the establishment of an ASEAN [humanitarian crisis management/assistance] centre; Reduce inter-communal tensions through educational exchanges and curriculum reform; and Increase cooperation in reconciliation and promotion of a culture of peace.

1.3

Guided by the principle articulated in the TAC, ASEANs key code of conduct governing relations between states and a key diplomatic instrument for the promotion of peace and stability in the region, the strategies for conict prevention are: i. Strengthen condence-building measures through increased opportunities for exchanges and interactions among military ofcials, and between military ofcials and civilian personnel, and promote the voluntary exchange of observers at military exercises; Promote greater transparency and understanding of defence policies and threat perceptions through the publication and exchange of security outlook or defence white papers among ASEAN Member Countries, and voluntary briengs on political and security developments in the region; Develop an ASEAN early warning system based on existing mechanism to prevent occurrence/ escalation of conicts; Strengthen the ARF process Combat transnational crimes and other transboundary problems through regional cooperation activities; Establish an ASEAN Arms Register to be administered by the ASEAN Secretariat, in line with a similar activity being conducted in the ARF; and Promote ASEAN maritime security cooperation.

A free and open investment regime in ASEAN is the key to enhancing ASEANs competitiveness as a single production base. Sustained inows of investments will maintain the dynamic development of regional production and distribution networks. Implementation of the ASEAN Investment Area (AIA) launched in 1998, will be intensied, as follows: 2.2.1 Investment Liberalisation Enhance the coverage of the AIA Agreement with a view towards establishment of ASEAN as a competitive investment area; collapse the different end dates for the liberalisation process; open up all industries for investment; agree on a timetable for phasing out the sensitive lists; and grant national treatment to both ASEAN and non-ASEAN investors. 2.2.2 Investment Facilitation Improve the investment environment both unilaterally and regionally, comparing the competitiveness and ease of investing in ASEAN vis--vis other regions, identify clusters of impediments to be eliminated or reduced that hinder FDI, undertake continuous evaluations of the investment policy framework by benchmarking its relevance against emerging global and regional FDI trends, and strengthen ASEAN institutional capacity on all investment-related measures 2.2.3 Investment Promotion Adopt a strategic promotion and outreach programme, focussing on high potential countries and regions such as, China, India, Japan, Korea, the US and the EU.

Implementation of the VAP will be on basis of current and new initiatives. 2.1 Initial Eleven Priority Sectors for Integration

ii.

2. ASEAN Economic Community Theme: Enhancing competitiveness for economic growth and development through closer economic integration Strategic Thrusts The ASEAN Economic Community (AEC) embodies the realisation of ASEANs aspiration of a stable, prosperous and highly competitive region, functioning as a single market and production base by 2020, in which there is a free ow of goods, services and skilled labour, and a freer ow of capital, along with equitable economic development and reduced poverty and socio-economic disparities within and across its Member Countries.

iii. iv. v. vi. vii.

Acceleration of economic integration towards a single market and production base will begin with eleven sectors, selected on the basis of comparative advantage in natural resource endowments, labour skills and cost competitiveness, and value-added contribution to ASEANs economy. These sectors are expected to demonstrate that integration enhances competitiveness and thereby ASEANs attractiveness as an investment destination. As the institutional capacity of ASEAN for economic integration is built through experience, more sectors will be included in the accelerated integration programme. The following priority sectors have been identied to be fully integrated by 2010: i) ii) iii) Agro-Based Products Automotive Electronics

24
ASEAN Documents Series 2004 ASEAN Documents Series 2004

25

These strategies would be carried out by fully implementing the ASEAN Strategic Investment Action Plan (SIAP) for 2004-2008 and the subsequent SIAP 2 from 2008 onwards. 2.3 Trade in Goods

Trading Arrangements (RTAs), including the WTO ROO, and adopting substantial transformation as alternative criteria for conferring origin status. 2.3.5.3 Standards and Conformance Focus on sectors with signicant potential for trade, including acceleration of implementation of the framework agreement on Mutual Recognition Arrangements (MRAs) and establishment of specic targets for harmonisation of standards and technical regulations. Where possible, ASEAN technical regulations, based as appropriate on existing international performance criteria, will be developed for national application. 2.3.6 Intellectual Property (IP)

ventures; and facilitate the transformation of ASEAN SMEs into ASEAN MNCs. The strategies would be carried out through the full implementation of the ASEAN SME Action Plan for 2004-2010. 2.4 Trade in Services

movement of peoples and goods; enhancing integration and efciency of multimodal transport infrastructures, facilities and services; accelerating open sky arrangements; and advancing liberalisation in air and maritime transport services. 2.7 Telecommunications and IT

Free ow of goods is a minimum necessary condition for the AEC to function as a single market and production base. Tariff and non-tariff barriers to the ow of goods in the product market will be gradually removed at a pace comfortable to Member Countries, as follows: 2.3.1 Tariffs Eliminate tariffs for products by 2010 for ASEAN-6 and 2015 for CLMV. 2.3.2 Non-Tariff Barriers Ensure full transparency of Non-Tariff Measures (NTMs) through the maintenance of the database of ASEAN NTMs; set clear criteria to identify NTMs that are barriers to trade for elimination; set a clear and denitive work programme and schedule for removal of Non-Tariff Barriers (NTBs); and adopt and ensure compliance with the World Trade Organisation (WTO) Agreements on Technical Barriers to Trade, Sanitary and Phyto-Sanitary and Import Licensing Procedures, along with implementation guidelines deemed appropriate for ASEAN. 2.3.3 ASEAN Integration System of Preference (AISP) Improve the AISP for the benets of CLMV and hasten their integration into ASEAN. 2.3.4 Trade in Minerals Enhance trade and investment in the minerals sector. 2.3.5 Trade Facilitation

Free ow of non-factor services such as in nance, transportation and information and communications technologies (ICT) are critical inputs to production and trade of goods. Trade in services will be liberalised at a pace comfortable to all Member Countries to enable the AEC to function as a single production base. High quality service industries in the region will be promoted to allow ASEAN to position itself as a global outsourcing hub. 2.4.1 Services Liberalisation Accelerate regional integration towards creating a single market in services through progressive liberalisation earlier than 2020; subsequent rounds of negotiations be launched with clear targets and parameters, and the use of the ASEAN minus-X formula. This is aimed at enhancing ASEANs competitiveness in the area of services and as a hub for outsourcing activities. Undertake facilitation and cooperation activities on an on-going basis to further enhance Member Countries understanding of the services sector, the cost and benets of liberalisation of trade in services, capacity building and to facilitate movement of business persons, experts, professionals, skilled labour and talents. 2.4.2 Tourism To facilitate travel into and within ASEAN: (a) substantially reduce restrictions to trade in tourism and travel services; (b) enhance the development and promotion of ASEAN as a single tourism destination; (c) strengthen cooperation to develop, upgrade and expand tourism and travel facilities and services; and (d) create favourable conditions for the public and private sector to engage more deeply in tourism development, intra-ASEAN travel and investment in tourism services and facilities. 2.5 Finance Cooperation

Move intellectual property development and cooperation in ASEAN to a higher plane to achieve a culture of learning, innovation and creativity through: a. b. c. Drawing on the diverse strength of ASEAN Member Countries in creativity and innovation; Development of a regional identity and prole in IP harmonisation, generation, commercialisation, protection, enforcement and awareness; and Optimising the benefit to businesses from Intellectual Property Rights (IPR) by encouraging cross-border collaboration and networking for the widening and deepening of ASEANs science and technology base and research and development activities, and commercialisation of their results and outputs.

Leverage on information and communications technology (ICT), via public-private sector partnerships and strong external linkages, to build a connected, vibrant and secure ASEAN Community by: Striving for universal access to ICT infrastructure and services; Encouraging the development of a pervasive, inter-connected and secure ASEAN information infrastructure; Strengthening the cooperation and assistance on regulatory policy and strategy issues; Creating digital opportunities through egovernment, e - commerce and e - society initiatives; Enhancing the competitiveness and dynamism of the ASEAN ICT sector by promoting and facilitating trade and investment in ICT services; and Developing highly skilled ICT human resources. 2.8 Science and Technology (S&T)

These strategies would be carried out through the full implementation of the ASEAN IPR Action Plan for 20042010. 2.3.7 Industrial Cooperation and Enterprise Development

2.3.5.1 Customs Integrate customs structures in ASEAN for a harmonised customs environment by the adoption of the WTO agreement on customs valuation, customs-related agreements under the WTO, World Customs Organisation (WCO), UN bodies and international organisations, and set up the service commitment charter for trade facilitation. The strategy would also include the development of the Single Window approach to modernise customs procedures and practices and improve customs control and compliance in cooperation with line ministries and business through the implementation of dened programmes of the 2005-2010 ASEAN Strategic Plan of Customs Development. 2.3.5.2 Rules of Origin Continuously strengthen the Common Effective Preferential Tariff (CEPT) Scheme Rules of Origin (ROO) upon commencement of the VAP by 1 January 2005 by making it more transparent, predictable and standardised taking into account the best practices of other Regional

2.3.7.1 Industrial Cooperation Enhance inter- and intra-industry linkages in ASEAN and promote suitable outsourcing, including the identication of strengths and weaknesses inherent to each ASEAN Member Country in order to foster industrial complementation within the region. 2.3.7.2 Small and Medium Enterprises (SME) Nurture the growth and accelerate the transformation and integration of SMEs into regional and international production networks to be competitive and dynamic suppliers of the regional and global markets, building on the comparative and agglomeration advantages of Member Countries; promote a culture of entrepreneurship, innovation and networking; facilitate SMEs access to information, markets, human resource and business development services, credit and nance, and modern technologies; improve public-private sector synergies in fostering SME support and linkages; facilitate networking between ASEAN SMEs for joint

Foster science and technology (S&T) as a key factor in sustaining economic growth, enhancing community well-being and promoting integration in ASEAN, through human resource, research and technology development and provision of technical services to meet the needs of economic integration; apply S&T tools and methodologies to enhance economic and industrial planning; and formulate a systematic approach in the implementation of the ASEANhelp-ASEAN programmes to address the S&T needs and strengthen the S&T infrastructure of less developed Member Countries. Furthermore, S&T will be used as major tool for ASEAN to move forward in a unied and cohesive manner. 2.9 Energy

Promote economic growth and nancial stability in the region through strengthening surveillance mechanisms, enhancing domestic nancial systems and facilitating the development and orderly integration of nancial markets as part of the Roadmap for Financial and Monetary Integration of ASEAN. 2.6 Transport

Gear up ASEAN transport as a critical logistics and services support sector through the implementation of the ASEAN Transport Action Plan for 2005-2010, focusing on cooperation activities towards facilitating seamless

Pursue sustainable energy development through the implementation of the ASEAN Plan of Action for Energy Cooperation for 2004-2009, based primarily on individual sectoral plans of action and roadmaps, including but not limited to the ASEAN Power Grid, the Trans-ASEAN Gas Pipeline (TAGP), Coal, Energy Efciency and Conservation, Renewable Energy, and Regional Energy Policy and Planning, focusing on cooperation activities, including with the ASEAN Dialogue Partners, to enhance the integration of the regional energy infrastructures, promote energy security, create responsive policies to progressively enhance market reforms and liberalisation, as well as preserve the sustainability of environment.

26
ASEAN Documents Series 2004 ASEAN Documents Series 2004

27

2.10

Food, Agriculture and Forestry Sectors

3.

ASEAN Socio-Cultural Community ii. iii.

Enhance the competitiveness of the food agriculture and forestry sectors through developing appropriate technologies to increase productivity and by promoting inter-and extraASEAN trade and greater private sector investment in the food, agriculture and forestry sectors. 2.11 Institutional Strengthening

Theme: Nurturing human, cultural and natural resources for sustained development in a harmonious and people-centred ASEAN Strategic Thrusts The ASEAN Socio-Cultural Community (ASCC) represents ASEANs aspirations to lift the quality of life of its peoples, sustainably use natural resources and strengthen its cultural identity towards a people-centred ASEAN. The roadmap for the Community focuses on four strategic thrusts to support other ASEAN Community goals: strong and functional systems of social protection that address poverty, equity and health impacts of economic growth; promoting environmental sustainability and sustainable natural resource management that meets current and future needs; social governance that manages impacts of economic integration; and the preservation and promotion of the regions cultural heritage and cultural identity. Since economic growth could be threatened by social inequities that could in turn undermine political stability, the ASEAN socio-cultural action programme is linked inextricably with the economic and security pillars of the ASEAN Community. The establishment of the ASCC stems from the premise that economic integration and security alone will not be sufcient to realise the vision of an ASEAN Community. The human, natural and cultural resources of ASEAN provide the means for economic growth. The sustainable development and conservation of these resources allows for the region to prosper now and into the future, thereby enabling people to uplift their living standards and have a decent and healthy lifestyle. Measures taken to promote social protection, cultural identity, the conservation of natural resources and the protection of the environment fuel economic growth and sustain life. 3.1 Building a Community of Caring Societies 3.2

2.11.1 Dispute Settlement Mechanism Establish an effective system to ensure proper implementation of all economic agreements and expeditious resolution of any disputes through appropriate advisory, consultative, and adjudicatory mechanisms. The feasibility of establishing a common legal framework for the incorporation or registration of ASEAN companies to assist in dispute settlement would also be explored. 2.11.2 Statistics Provide the necessary statistical support for ASEAN initiatives, planning and policy making through improved quality and availability of important statistics, adoption of international good practices, promotion of greater awareness of statistics, enhanced networking and close partnership between users in policy areas and statistical systems, and wider dissemination of ASEAN statistics through the annual publication of the ASEAN Statistical Yearbook and a continuous expansion of statistical coverage on Member Countries and the ASEAN Secretariats Websites. 2.12 Economic Relations with Dialogue Partners

iv.

v.

vi. vii. viii. ix.

x.

The economic growth of the ASEAN region in past decades has been largely driven by FDI flows and exports. While exports have stabilised and are again beginning to expand, ASEAN has experienced a sustained decline in FDI flows since the 1997-1998 economic and monetary crisis. Since internal measures, aimed at creating a single ASEAN market and production base, may not be sufficient to attract the volume of investment required to sustain economic growth, efforts will be made to strengthen external economic relations and the terms of trade with major Dialogue Partners through the establishment of Free Trade Areas (FTAs) and Closer Economic Partnerships (CEPs). The strategy for ASEAN external economic cooperation will involve strengthening linkages and promoting the coherence of agreements with major trading partners such as China, Japan, Korea, the US, Australia, New Zealand, the EU and emerging economies such as India. The promotion of the coherence of agreements might include increasing coordination of extra-ASEAN economic agreements and the closer alignment of MFN tariffs.

xi.

poverty alleviation administrations and promoting approaches that engage these groups in society; Facilitating universal access to education and promoting high standards through networking and institutional collaborations. Reducing the social risks faced by children, women, elderly and persons with disabilities, by supporting programmes consistent with international conventions and promoting services such as aged care, health care and education; Increasing the effective participation of family, civil society and the private sector in tackling poverty and social welfare issues through the establishment of networking and exchange programmes, and promoting the professions involved in poverty and social welfare issues; Increasing the participation of women and youth in the productive workforce through skills training and increasing access to micronance and information systems; Addressing health development concerns; Preventing the spread and reducing the harm of HIV/AIDS and other infectious diseases; Enhancing food security, in particular the establishment of food security information systems; Ensuring a region of disaster-resilient nations by minimising the adverse effects of disasters in pursuit of safer communities and sustainable development. Ensuring a Drug Free ASEAN by 2015 through prevention, treatment and community-based control of drug abuse, including the promotion of alternative development, as well as the elimination of drug trafcking; and Promoting science and technology in ASEAN to improve regional human resources by developing science and technology culture and increasing usage of applied science and technology in socioeconomic activities. Managing the Social Impact of Economic Integration

The inclusion of health services as one of the eleven priority sectors for vertical integration will require strategies to address the impact of liberalisation in the health sector. In addition, the development of mutual recognition arrangements shall facilitate labour mobility in the region and will support the realisation of the AEC. 3.3 Promoting Environmental Sustainability

The ASCC promotes a clean and green ASEAN with fully established mechanisms for sustainable development to ensure the protection of the regions environment, the sustainability of its natural resources and the high quality of life of its people. The medium-term strategies and milestones in pursuit of this goal are: Environmental Management i. Effectively address global environmental issues without impinging on competitiveness, or social and economic development based on the principle of common but differentiated responsibility; ii. Prevent transboundary haze pollution as a result of land and/or forest res through concerted national efforts and intensied regional action and international cooperation, pursued in the context of sustainable development and in accordance with the provisions of the ASEAN Agreement on Transboundary Haze Pollution; iii. Establish a clean and green ASEAN, rich in cultural traditions (where the values and practices of the people are in accord with the rhythm and harmony of nature), with citizens who are environmentally literate, imbued with the environmental ethic, and willing and capable to ensure the sustainable development of the region through environmental education and public participation efforts; iv. Aim for zero waste and minimal impact on the environment, and promote business opportunities in environmental goods and services, through relevant environmentally sound technologies; v. Ensure cities/urban areas in ASEAN are environmentally sustainable, while meeting the social and economic needs of the people; and vi. Strive for harmonisation of environmental policies, legislation, regulations, standards and databases, taking into account the national circumstances of Member Countries, to support the integration of the environmental, social and economic goals of the region. Natural Resource Management i. Ensure ASEANs coastal and marine environment are sustainably managed, representative

The hallmark of a strong and resilient community of caring societies is its commitment and capability to address the core issues of poverty, equity and health. National initiatives will fundamentally drive the manner and extent to which these issues are addressed. However, the Member Countries can gain signicant leveraging of political commitment and goals at the national level through regional advocacy. The regional interventions that will complement the national actions include: i. Raising the standard of living of marginalised, disadvantaged groups by strengthening the capacity of ofcials in rural development and

Domestic policy adjustments and emerging regional production arrangements from economic integration will have a profound social impact that will be felt mostly in the labour market. Consequently there is a need to: i. Enhance human resource development through the networking of skills training institutions, and the development of regional assessment and training programmes; ii. Strengthen the capacity of governments to monitor labour markets and monitor human resource indicators; and iii. Promote social protection and social risk management systems.

28
ASEAN Documents Series 2004 ASEAN Documents Series 2004

29

ecosystems, pristine areas and species are protected; economic activities are sustainably managed, and public awareness of the coastal and marine environment instilled; ii. Ensure ASEANs rich biological diversity is conserved, and sustainably managed, and the benets arising from these biological and genetic resources are fairly and equitably shared toward enhancing social, economic and environmental well-being; iii. Promote sustainability of water resources to ensure sufcient water quantity of acceptable quality to meet the needs of the people of ASEAN in terms of health, food security, the economy and the environment, taking into consideration the strong linkage between water, health and poverty; iv. Ensure sustainable management of land-based resources while enhancing optimum agricultural production; v. Promote the sustainable management of forest resources and critical ecosystems through the eradication of unsustainable practices as well as strengthening the preservation and management of the ASEAN Heritage Parks; and vi. Promote environmentally sound and socially responsible mineral development practices in the sustainable management and optimum utilisation of mineral resources. 3.4 Promoting an ASEAN Identity

4. Goals and Strategies for Narrowing The Development Gap Theme: Progressing together through cooperation in development We have explicitly and repeatedly declared the need to narrow the development gap if ASEAN Member Countries are to move forward in a unied manner to realise Vision 2020. This need was rst recognised and ofcially announced in the Hanoi Declaration on Narrowing Development Gap for Closer ASEAN Integration of 2001. It was reafrmed in the Bali Concord II of 2003. The development gap is often manifested by disparity in per capita GDP (income). It can also be manifested by disparities in other dimensions of human development, such as life expectancy and the literacy rate. The gap can also be measured by disparity in poverty incidence. The gap must be narrowed as an end in itself, if the principle that development is a fundamental human right is to be followed. It must also be narrowed, as a necessary condition for realising the end goal of economic integration: one community of ten nations functioning as a single market and production base. Indeed, efforts to narrow the development gap would be self-reinforcing. They would help remove the biggest constraint to the formation of the AEC, which in turn would help narrow that gap. 4.1 Goal

The Initiative for ASEAN Integration (IAI), ASEANs main instrument for narrowing the development gap, will be strengthened to address development needs of the CLMV and other sub-regional areas. This will include broadening and deepening the scope of the IAI CLMV Work Plan as well as developing innovative modalities for resource mobilisation. For the other sub-regional areas, it will involve strengthening the framework for sub-regional cooperation within ASEANs covering policy, coordination mechanisms and work programme. Addressing both the benet and cost of economic integration is another important feature of the strategy. To help narrow the development gap, it will seek to ensure that the benet of economic integration is maximised and equitably distributed across and within Member Countries. It will also seek to ensure that the cost of integration in terms of economic dislocation and disruption arising from market adjustments is minimised and the burden is equitably shared across and within Member Countries. Intensication of regional cooperation to prevent or mitigate the social costs of integration would also contribute directly towards the realisation of the two other pillars of the ASEAN Community. The programme for narrowing the development gap will include specic regional cooperation activities aimed at assisting less developed Member Countries in removing tariff, non- tariff and physical barriers to the free ow of goods and services in the product and factor market. The programme will also include activities that supplement national efforts directly aimed at poverty reduction and the promotion of equitable and inclusive development. 5. IMPLEMENTATION MECHANISMS

There are potentially ve levels of cooperation among the ASEAN Member Countries in moving towards the ASEAN Community. The levels are: i. Confidence - building, an initial step characterised by understanding common problems, exploring common interests and identifying mutual gains of cooperating on a regional basis; Harmonisation, which aims to achieve compatible national approaches by ASEAN Member Countries; Special assistance, which focuses on capacity building to bridge development gaps across Member Countries, in particular, for less developed countries; Joint efforts, which are about developing regional approaches and regional institutions; and Regional integration and expansion, where regional institutions can act in unison to further the ASEAN cause on behalf of Member Countries to attain the intended goals and objectives.

ii. iii.

iv. v.

Within each level, there are three types of development cooperation interventions that may be carried out. These three types of interventions are the formulation of regional policy initiatives, the development of regional implementation mechanisms and human capacity building. Accordingly, the implementation and coordination mechanisms for the VAP , the resource mobilisation strategy and the success measures to be used for monitoring and evaluating a project under the VAP should be ne-tuned to t the level of cooperation and the type of development intervention. 5.1 Resource Mobilisation

Amidst the diversity of their historical experience and cultural heritage, common threads of historical ties, habitation of a geographical area and aspirations for peace and prosperity weave the ASEAN nations together and form the foundations of an ASEAN identity. The strategies to foster ASEAN awareness and build an ASEAN identity are: i. Mainstream the promotion of ASEAN awareness and regional identity in national communications plans and educational curricula, people-to-people contact including through arts, tourism and sports, especially among the youth, and the promotion of ASEAN languages learning through scholarships and exchanges of linguists; ii. Preserve and promote ASEAN cultural heritage through the promotion of exchanges, meetings of experts and the implementation of the ASEAN Declaration on Cultural Heritage; iii. Encourage dialogue amongst Member Countries to promote a deeper understanding of the regions civilisation, cultures and religions; and iv. Further promote ASEANs standing in the international community through the proactive engagement of ASEAN in international issues and strengthening communication mechanisms.

The practical goal of the VAP for narrowing the development gap is to reduce the large disparities in terms of per capita GDP as well as other human development dimensions. The development gap exists between the ASEAN-6 and the CLMV countries, and within the ASEAN-6 countries, where some isolated pockets of underdevelopment persist. To realise this goal, ASEAN Member Countries will determine and agree, at an appropriate forum the extent to which the gap could be realistically narrowed through the VAP by 2010 and its successor programmes or plans of action by 2015 and by 2020. By sharing experiences on how they have planned and implemented their development policies, strategies and programmes, Member Countries can draw lessons from one another and apply these to their own development strategies. 4.2 Strategy

The attainment of the Bali Concord II goals does not simply mean strengthening existing cooperation activities among the ASEAN Member Countries. Deepening integration, especially in the economic sphere, will also require the Member Countries to intensify dialogue, make binding commitments, identify appropriate implementing timetables and mechanisms, extend national and regional capacities and competences, and develop institutional frameworks, responses and human resources in a range of areas that extend far beyond the existing scope of ASEAN integration. Three major issues have to be addressed. First, resource mobilisation to support the various programmes and projects required to attain the targets; second, strengthening existing institutions and, as necessary, the establishment of appropriate institutional arrangements to facilitate coordination among the various implementing bodies and with external partners; and third, developing a monitoring and evaluation framework to track progress with regard to the attainment of integration objectives, and to assess the outcomes of programmes and projects directed towards them .

ASEAN is entering a resource-intensive period in its progress towards the ASEAN Community. The period covered by the HPA saw the implementation of many activities intended to lay the groundwork for the more substantive measures to deepen integration that would be undertaken during the period of the VAP. Thus, it is anticipated that the VAP would essentially need more resources than the HPA. With respect to the ve levels of cooperation described above, the VAP operates mainly at the rst three levels, and shall also aim toward strategies involving action at the fourth level. There are three broad sources of funding for the implementation of the VAP. These are direct contributions from all or some Member Countries towards specic activities; ASEAN pooled resources, and external funding. ASEAN will adopt a mix of these approaches towards

To achieve the goal, technical and development cooperation among ASEAN Member Countries and with Dialogue Partners will be intensied as the main strategy to help less developed Member Countries accelerate the process of economic integration, but in a way that leads to equitable and inclusive development. A key element is to ensure that regional cooperation supplements rather than supplants national efforts.

30
ASEAN Documents Series 2004 ASEAN Documents Series 2004

31

resource mobilisation, so that internal ASEAN resources and external funding complement each other. Member Country contributions will be enhanced to form a predictable and reliable resource to facilitate implementation of the VAP. While Member Countries will continue making in-kind contributions to ASEAN activities and directly nance the implementation of activities at the national level, ASEAN will ensure the availability of a common pool of nancial resources by establishing an ASEAN Development Fund, to be made up from contributions of Member Countries, based on a mutually acceptable scheme. The ASEAN Development Fund shall serve as ASEANs common pool of nancial resources to support the implementation of the VAP through the following roles: a) For complex projects of relatively large scale, the Fund will provide seed funding for some initial activities such as feasibility studies, meetings with donor institutions, project design development, etc., leading towards obtaining major funding to implement the full project, from a Dialogue Partner or donor institution; and The fund can fully support small scale projects of a condential or strategic nature.

In such cases, the current mechanisms for closer coordination of inputs in project design and efciency in joint management and implementation of projects need to be strengthened to ensure better coherence, complementation, efciency, exibility, transparency and accountability, without unduly creating additional complexity to the overall ASEAN cooperation structure. The ASEAN Secretariat will facilitate the consultation process among ASEAN bodies and seek the most efcient modality in setting up the appropriate institutional arrangement at the programme/project level. Approaches and mechanisms to closely involve other ASEAN stakeholders, including the private sector and civil society, must also be addressed. 5.3 Monitoring and Evaluation

Quality of Design: Objectives Programme logic Performance indicators Risks Effectiveness: Achievement of planned processes and results Outputs delivered Outcomes achieved Efciency: Level of resources needed to achieve outputs and targets Impact: Contribution to VAP goals Avoidance of negative consequences

assessment. It is suggested that, to obtain a balanced view, the widest range of stakeholder views be obtained, i.e., the beneciaries, the implementing bodies, the programme managers and the sponsoring ASEAN bodies should all be invited to participate in the assessment. Whenever possible, over the longer term, the review should take in relevant inputs from Dialogue Partners or their specialist agencies with interest in the project. The information gathered from the views of external evaluators would be useful in the development of new cooperation programmes and formulation of new projects with Dialogue Partners. Progress in the implementation of the VAP shall be reported annually by the Secretary-General to the ASEAN Summit through the ASEAN Ministerial Meeting (AMM) after consideration by the ASEAN Standing Committee. Formal reviews shall be undertaken by the ASEAN Secretariat every two years. Any recommendations for revisions or updating the VAP arising from the formal review shall likewise be submitted to the Summit so that guidance for the relevant sectoral bodies can be issued accordingly. A nal review will be conducted in 2010 and reported to the Summit. This review will guide the preparation of the next action programme for the medium-term period of 2010-1015. We charge our Ministers and Senior Ofcials to begin the implementation of the VAP. DONE at Vientiane, Lao PDR, on the Twenty Ninth Day of November, Two Thousand and Four.

b)

The VAP needs to have a mechanism for monitoring and evaluation to ensure that targets are achieved, timely corrective measures are undertaken if needed, and that initiatives and activities remain consistent with the stated goals of the VAP and are responsive to emerging issues and priorities. The monitoring and evaluation mechanism should also full the principles of transparency and accountability. For this purpose a monitoring and evaluation framework for the VAP has been developed, using a VAP scorecard as a basic tool. The scorecard offers the possibility of both quantitative ratings at the project level as well as qualitative assessment of impact at higher levels, and allows aggregation across diverse elements, sectors and countries to form an overall picture of VAP performance. Thus, the monitoring and evaluation process will be undertaken at two levels: At the micro level, with a monitoring and evaluation plan built into each project; and At the macro level, with a consolidated assessment mechanism introduced to help ensure that the overall VAP is on track in achieving its agreed objectives.

Sustainability: Retention of knowledge gained (knowledge management) Risk management plan in place On-going resources available Political will to sustain momentum Continuity of ow of benets The baseline situation at the beginning of the implementation of the VAP must be established to have a reference or benchmark for the periodic monitoring and evaluation exercises to be undertaken. One important issue to be addressed is dening which stakeholder perspectives would form part of the scorecard

Another important strategy to promote the commitment of national funding to regional programmes is to mainstream the ASEAN agenda into national development programmes. In this way, the allocation of national funds to implement regional initiatives could be more easily secured. Contributions from Dialogue Partners and other donor institutions will remain an important funding source for ASEAN, especially for funds intended to support very specic programmes and activities. Another possible source of complementary funding for ASEAN activities is the private sector. ASEAN will embark on a fund-raising programme to encourage and generate private sector support for ASEAN activities, especially those that would result in direct benets to business and industry. Resource mobilisation from both internal and external sources to support the VAP could be undertaken through, among others, the convening of an ASEAN development cooperation forum. 5.2 Institutional Arrangements

For Brunei Darussalam

For the Union of Myanmar

HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam

LIEUTENANT GENERAL SOE WIN Prime Minister

At the micro level, different projects will have their own set of success indicators, depending on their stated objectives. At the macro level, to permit aggregation, a generic set of criteria will be used. The generic criteria include: Appropriateness/Relevance: Conformity with VAP priorities Sectoral need Contribution to Millennium Development Goals

For the Kingdom of Cambodia

For the Republic of the Philippines

The VAP has been designed along thematic lines to minimise the risk of fragmentation that may arise from a sectoral approach. Thus, there may be projects that have to be implemented jointly by two or more ASEAN bodies, or multi-component programmes where different ASEAN bodies are responsible for individual components.

SAMDECH HUN SEN Prime Minister

GLORIA MACAPAGAL-ARROYO President

32
ASEAN Documents Series 2004 ASEAN Documents Series 2004

33

For the Republic of Indonesia

For the Republic of Singapore

Vientiane Action Programme ANNEX 1

ASEAN SECURITY COMMUNITY


DR. SUSILO BAMBANG YUDHOYONO President LEE HSIEN LOONG Prime Minister Ref. No. 1.1 1.1.1 For the Lao Peoples Democratic Republic For the Kingdom of Thailand Political Development Promote understanding and appreciation of, and popular participation in, political systems, culture and history of ASEAN Member Countries through increasing people-to-people contacts and track-two activities: 1.1.1.1 Holding of at least two track-two events per year, including academic conferences, workshops and seminars 1.1.1.2 Annual publication of the dynamics of ASEAN Member Countries political systems, culture and history for dissemination to universities, think tanks and similar institutions 1.1.1.3 Exchange of experience and training in order to enhance popular participation Lay the groundwork for an institutional framework to facilitate free ow of information for mutual support and assistance among ASEAN Member Countries: 1.1.2.1 Agreement to an institutional framework and starting the trial implementations 1.1.2.2 Adoption of favourable media policies 1.1.2.3 Development of information materials from a series of policy studies and conferences Establish programmes for mutual support and assistance among ASEAN Member Countries in the development of strategy for strengthening the rule of law and judiciary systems and legal infrastructure, effective and efcient civil services, and good governance in public and private sectors: 1.1.3.1 Completion of annual comparative studies for lawmakers on the promulgation of laws and regulations 1.1.3.2 Organisation of annual conferences, seminars, exchange visits, and training workshops for law enforcement ofcials 1.1.3.3 Development by AUN of a university curriculum on the legal systems of ASEAN Member Countries 1.1.3.4 Holding of annual workshops for sharing of experience, with the view to developing ASEAN norms and values on good governance 1.1.3.5 Conduct of a study on partnership between public and private sectors and academia in creating conducive climate for good governance to provide concrete recommendations to ASEAN Promote human rights 1.1.4.1 Completion of a stock-taking of existing human rights mechanisms and equivalent bodies, including sectoral bodies promoting the rights of women and children 1.1.4.2 Formulation and adoption of MOU to establish network among existing human rights mechanisms 1.1.4.3 Formulation of work programme of the network 1.1.4.4 Promote education and public awareness on human rights 1.1.4.5 Establish a network of cooperation among existing human rights mechanisms 1.1.4.6 Elaboration of an ASEAN instrument on the protection and promotion of the rights of migrant workers 1.1.4.7 Establishment of an ASEAN commission on the promotion and protection of the rights of women and children. Increase the participation of organisations such as AIPO, APA, ABC, ASEAN ISIS and the academia, especially the ASEAN University Network, in moving forward ASEAN political development initiatives 1.1.5.1 Delivery of at least ve research studies/scholarly publications per year by those organisations 1.1.5.2 Participation of at least one representative each from those organisations in the track-two activities referred to in 1.1.1 1.1.5.3 Holding of regular consultations between AIPO Chair and ASEAN Standing Committee Chair 1.1.5.4 Strengthening the role of the ASEAN Foundation. Prevent and combat corruption. Programme Areas and Measures

BOUNNHANG VORACHITH Prime Minister

DR. THAKSIN SHINAWATRA Prime Minister

1.1.2

For Malaysia

For the Socialist Republic of Viet Nam

1.1.3

DATO SERI ABDULLAH AHMAD BADAWI Prime Minister

PHAN VAN KHAI Prime Minister

1.1.4

1.1.5

1.1.6

34
ASEAN Documents Series 2004 ASEAN Documents Series 2004

35

Ref. No. 1.2 1.2.1 1.2.2 1.2.3 Shaping and Sharing of Norms

Programme Areas and Measures

Ref. No. 1.3.4

Programme Areas and Measures Strengthen cooperation in addressing non-traditional security issues, combating transnational crimes and other transboundary problems: 1.3.4.1 Review of and refocus on priority areas under the regional work programme on combating transnational crimes and refocusing on priority areas 1.3.4.2 Establishment of institutionalised coordination mechanisms among relevant ASEAN bodies Conict Resolution Build upon existing modes of pacic settlement of disputes and consider strengthening them with additional mechanisms as needed: 1.4.1.1 Completion of a study and analysis of existing dispute settlement modes 1.4.1.2 Compilation of recommendations for additional mechanisms 1.4.1.3 AMM to develop terms of reference for the Expert Advisory Committee and the Eminent Persons Group 1.4.1.4 Appoint experts and eminent persons on standby basis 1.4.1.5 Activate the TAC High Council, upon request of High Contracting Parties, to settle disputes. Undertake conict management and resolution research studies and exchanges among ASEAN centres of excellence on peace: 1.4.2.1 Completion of a stocktaking of ASEAN centres of excellence on peace and establishment of a roster 1.4.2.2 Identication of priority research topics 1.4.2.3 Organisation of conferences among those centres of excellence 1.4.2.4 Holding of regular workshops on conict resolution with the UN Department of Political Affairs Post-Conict Peace-building Strengthen ASEAN humanitarian assistance such as providing safe havens in conict areas: 1.5.1.1 Adoption of a common standard operating procedure (SOP) for establishing safe havens Implement human resources development and capacity building programmes in areas undergoing post-conict reconstruction and rehabilitation: 1.5.2.1 Completion of survey of target areas undergoing post-conict reconstruction 1.5.2.2 Completion of training and capacity-building needs assessment 1.5.2.3 Identication of priority training topics 1.5.2.4 Designing of training programmes in the identied priority topics and development of training materials 1.5.2.5 Implementation of annual programmes in each target area Reducing inter-communal tensions through educational exchanges and curriculum reform Increasing cooperation in reconciliation and promotion of a culture of peace

Work towards the development of an ASEAN Charter: 1.2.1.1 Setting up relevant mechanisms to formulate an ASEAN Charter Encourage the accession to the TAC by non-ASEAN countries: 1.2.2.1 Holding of consultations with potential contracting parties Ensure the full implementation of the Declaration on the Conduct of Parties (DOC) in the South China Sea: 1.2.3.1 Setting up of an ASEAN-China Working Group on the Implementation of the DOC 1.2.3.2 Work towards the adoption of a regional code of conduct in the South China Sea Work towards resolving outstanding issues to ensure signing of the Nuclear Weapons States to the Protocol to the SEANWFZ Treaty: 1.2.4.1 Conduct of a stock-taking of outstanding issues 1.2.4.2 Holding of consultations within ASEAN and between ASEAN and Nuclear Weapons States Undertake preparatory steps with a view to concluding an ASEAN Mutual Legal Assistance Agreement and an ASEAN Convention on Counter Terrorism: 1.2.5.1 Compilation of existing bilateral MLA Agreements among ASEAN Member Countries and between ASEAN and other countries 1.2.5.2 Identication of issues relating to the establishment of an ASEAN MLA Agreement 1.2.5.3 Identication and analysis of documents and relevant instruments related to counter-terrorism; and 1.2.5.4 Establishment of a joint drafting group between ASEAN SOM and SOMTC to work on an ASEAN Convention on Counter-Terrorism. Work towards the establishment of an ASEAN extradition treaty as envisaged by the 1976 Declaration of ASEAN Concord: 1.2.6..1 Identication of an ASEAN political decision to establish extradition treaty 1.2.6.2 Establishment of a working group on an ASEAN extradition treaty under the purview of the ASEAN Senior Law Ofcials Meeting (ASLOM) Promote ASEAN maritime security cooperation: 1.2.7.1 Explore the establishment of an ASEAN maritime forum Conict Prevention Strengthen condence-building measures through increased opportunities for exchanges and interactions among military ofcials, and between military ofcials and civilian personnel: 1.3.1.1 Completion of a study on ways and means to organise and conduct such exchanges 1.3.1.2 Exploring modalities towards convening an annual ASEAN Defence Ministers Meeting 1.3.1.3 Promoting the exchange of observers of military exercises Promote greater transparency and understanding of defence policies and threat perceptions through publication and exchange of security outlook papers and voluntary briengs on political and security developments in the region: 1.3.2.1 Publication of an annual ASEAN security outlook 1.3.2.2 Holding of voluntary briengs as needed Build up the necessary institutional framework to strengthen the ARF process in support of the ASC: 1.3.3.1 Setting up arrangements for the secondment of personnel by ASEAN Member Countries; and 1.3.3.2 Support the implementation of the concept of the enhanced role of the ARF Chair. 1.5.3 1.5.4 1.4.2 1.4 1.4.1

1.2.4

1.2.5

1.5 1.5.1 1.5.2

1.2.6

1.2.7 1.3 1.3.1

1.3.2

1.3.3

36
ASEAN Documents Series 2004 ASEAN Documents Series 2004

37

Vientiane Action Programme ANNEX 2

Ref. No. 2.3.4

Programme Areas and Measures Trade in Minerals 2.3.4.1 Develop a regional policy on mineral resource utilisation and intra- and inter-ASEAN minerals trade and investment 2.3.4.2 Enhance private sector participation and investment in the exploration and development of mineral resources in which ASEAN enjoys competitive advantage in the international or global market Trade Facilitation Customs Customs Tariff Classication 2.3.5.1.1 Uniform system of classication of goods and commodities Customs Valuation 2.3.5.1.2 Full Technical Implementation of the World Trade Organisation (WTO) Agreement and the ASEAN Customs Valuation Guide (31 December 2004) Determination of Origin of Goods and Commodities 2.3.5.1.3 Ensure smooth ow of Common Effective Preferential Tariff (CEPT) goods 2.3.5.1.4 Familiarisation of ASEAN customs ofcers with non-preferential rules of origin in line with the WTO Agreement on Rules of Origin Establishment of ASEAN e-Customs and ICT Applications in Customs for Trade Facilitation and Customs Control 2.3.5.1.5 Establishment of the ASEAN customs environment, assisted by the Information and Communication Technologies (ICT) applications (31 December 2005). In this respect, the following programmes need to be implemented: a. Establishment of the ASEAN Single Window and ASEAN e-customs b. Creation of an integrated ASEAN e-Customs Community Customs Clearance 2.3.5.1.6 Simplication, accelerated harmonisation of documents, formalities, procedures and practices related to customs clearance to enhance economic competitiveness of international transactions in ASEAN (31 December 2005). The target time required for customs release of any container (internationally standardised), at any ASEAN entry point to be reduced, in the course of the next two years, to 30 minutes on average Customs Transit 2.3.5.1.7 Free movement of means of transport and goods transiting ASEAN national territories and enhancement of customs control Temporary Admission 2.3.5.1.8 Establishment of a customs regime for free movement of goods temporarily entering ASEAN territories Customs Post Clearance Audit (PCA) 2.3.5.1.9 Harmonising practices and procedures of PCA for trade facilitation and for efcient protection of customs revenues. Enforcement and Mutual Assistance 2.3.5.1.10 Protection of customs revenues, sharing experiences, and close cooperation and mutual assistance Customs Reform and Modernisation (CRM) 2.3.5.1.11 Modernisation of ASEAN Customs Administrations based on the following values (a) Integrity, accountability and transparency (b) Professionalism (c) Innovation and services to the public (d) Partnership with the trading community, related stakeholders and the public Customs Human Resource Development and Administration 2.3.5.1.12 Enhancement of credibility, of customs integrity and professional capacity of customs ofcers

ASEAN ECONOMIC COMMUNITY


Ref. No. 2.1 Initial Eleven Priority Sectors As per ASEAN Framework Agreement for the Integration of Priority Sectors and Sectoral Protocols 2.2 2.2.1 ASEAN Investment Area (AIA) Investment Liberalisation 2.2.1.1 Reduced/consolidated end-dates of phasing out of Temporary Exclusion Lists (TELs) 2.2.1.2 Shorten the Sensitive List (SL) (beginning 2004) 2.2.1.3 Expansion of AIA coverage to include services 2.2.1.4 Conduct annual strategic analysis and review to identify policy measures and actions to improve regional competitiveness Investment Facilitation 2.2.2.1 Publish and provide information pertaining to all investments related measures undertaken to improve the investment environment both unilaterally and regionally 2.2.2.2 Conduct research and commission investment barometer studies comparing the competitiveness and ease of investing in ASEAN vis--vis other regions 2.2.2.3 Identify clusters of impediments that can be eliminated or reduced that hinder Foreign Direct Investment (FDI), including establishing and maintaining a database on such impediments 2.2.2.4 Organise annual discussion on key FDI issues such as regional integration, FDI development dimension for sustainable growth and to facilitate regional production networks intra-ASEAN as well as with Dialogue Partners 2.2.2.5 Undertake evaluations of the investment policy framework by benchmarking its relevance against emerging global and regional FDI trends 2.2.2.6 Organise investment seminars/workshop to strengthen ASEAN institutional capacity on all investment related measures as and when required Investment Promotion 2.2.3.1 High-level dialogues, consultation and investment forum 2.2.3.2 High-level business and investment facilitation visits to Cambodia, Laos, Myanmar, and Viet Nam (CLMV) countries 2.2.3.3 Regional information dissemination 2.2.3.4 ASEAN investment portal Trade in Goods Tariffs 2.3.1.1 Elimination of tariffs of all products (ASEAN-6: 2010; CLMV: 2015) Non-Tariffs Barriers 2.3.2.1 Establishment of ASEAN Database of Non-Tariff Measures (30 June 2004 - onward) 2.3.2.2 Clear criteria to identify measures that are classied as barriers to trade (30 June 2005) 2.3.2.3 Clear and denitive work programme for the removal of the barriers (31 December 2005) 2.3.2.4 Adoption of the agreement on Technical Barriers to Trade, Sanitary and Phyto- Sanitary and Import licensing Procedures and development of implementation guidelines appropriate for ASEAN (31 December 2004) ASEAN Integration System of Preference (AISP) 2.3.3.1 Improve the AISP for the benet of CLMV Programme Areas and Measures 2.3.5 2.3.5.1

2.2.2

2.2.3

2.3 2.3.1 2.3.2

2.3.3

38
ASEAN Documents Series 2004 ASEAN Documents Series 2004

39

Ref. No.

Programme Areas and Measures International Partnership and ASEAN Customs 2.3.5.1.13 Enhancement of credibility, and reputation of ASEAN customs ofcers to the public and to the international organisations and the international community Partnership with Customs Stakeholders and the Trading Community 2.3.5.1.14 Cooperation with stakeholders and promotion of voluntary compliance and partnership Narrowing the Development Gap 2.3.5.1.15 Assisting member customs administrations in catching up with development in customs techniques and reducing technical gaps of new members (CLMV) to regional levels, and providing technical assistance to them Public Security and Protection of the Society (a) Protection of the society against illegal trafc of arms, drugs, antiques, cultural heritage (b) Protection of endangered species, environmental goods (e.g. combating illegal logging) Tackling illegal trafc of dangerous wastes

Ref. No. 2.3.7.2

Programme Areas and Measures Small and Medium Enterprises (SME) 2.3.7.2.1 Full implementation of the systematic programmes developed to empower potential as well as existing entrepreneurs, and to improve SME access to credit and nance, modern technology and e-commerce (on-going) 2.3.7.2.2 Development of information systems and registers on SME capabilities and competitiveness for the promotion of enterprise clustering, inter-rm networking, subcontracting arrangements and information sharing (on-going) 2.3.7.2.3 Promotion of public-private sector synergies in the provision of business development services and extension activities for SMEs and their entrepreneurs (on-going) 2.3.7.2.4 Development of an environment of policies and regulations conducive to SME dynamism and competitiveness (on-going) Trade in Services Services Liberalisation 2.4.1.1 2.4.1.2 2.4.1.3 2.4.1.4 2.4.1.5 Clear targets and schedules of services liberalisation for each sector and each round towards achieving free ow of trade in services(2010) Application of the ASEAN minus-X formula to accelerate services liberalisation in specic sectors earlier than end-date by Member Countries which are ready. Completion of MRAs for qualications in major professional services to facilitate free movement in talents in ASEAN (31 December 2008) Adoption of agreement to facilitate the free movement of business people, skilled labour and talents in the region Establishment of a Professional Exchange to promote the use of ASEAN professional services. (2008)

2.4 2.4.1

2.3.5.2

Rules of Origin (ROO) 2.3.5.2.1 Adoption of transparent, predictable and standardised ROO (31 December 2004) 2.3.5.2.2 Adoption of substantial transformation as alternative criteria for conferring origin status (31 December 2004) Standards and Conformance 2.3.5.3.1 Accelerate the implementation/development of sectoral Mutual Recognition Arrangement (MRAs) for priority sectors, as appropriate (beginning 1January 2005). 2.3.5.3.2 Encourage domestic regulators to recognise test reports issued by testing laboratories which are accredited by national accreditation bodies in ASEAN that are signatories to International Laboratory Accreditation Cooperation (ILAC) and Asia-Pacic Laboratory Accreditation Cooperation (APLAC) MRAs 2.3.5.3.3 Set clear targets and schedules for harmonisation of standards in the priority sectors wherever required. Where international standards are not available and when requested by industry, align national standards among Member Countries (31 December 2005) 2.3.5.3.4 Harmonise and/or develop technical regulation as appropriate, for national application (31 December 2010) 2.3.5.3.5 Ensure compliance with the requirements of the WTO Agreements on Technical Barriers to Trade and the Application of Sanitary and Phyto-Sanitary Measures 2.3.5.3.6 Explore the development of ASEAN policy on standards and conformance to further facilitate the realisation of the ASEAN Economic Community (beginning 2005) Intellectual Property Rights (IPRs) 2.3.6.1 Creation of greater public awareness of IPR and IPR issues and capacity building (on-going) 2.3.6.2 Harmonisation of Intellectual Property (IP) laws and systems to encourage trade and investment in ASEAN and to facilitate the integration of Member Countries into the ASEAN Economic Community and the world economy (on-going) 2.3.6.3 Ensuring that all ASEAN Member Countries achieve levels of IP protection and enforcement consistent with international standards (on-going) 2.3.6.4 Increasing the level of knowledge among a broader section of IP professionals so that they may contribute to business growth and development (on-going) Industrial Cooperation and Enterprises Development Industrial Cooperation 2.3.7.1.1 Undertake more promotional activities on industrial cooperation in ASEAN through the ASEAN Industrial Cooperation (AICO) scheme (on-going) 2.3.7.1.2 Conduct the follow-up actions on new areas of industrial cooperation (on-going) 2.3.7.1.3 Enhance inter/intra-ASEAN linkages among ASEAN Member Countries (on-going) 2.3.7.1.4 Encourage the private sector to participate in identifying the inherent strengths and weaknesses of each ASEAN Member Country that others can complement and supplement (on-going)

2.3.5.3

2.4.2

2.3.6

2.3.7 2.3.7.1

Tourism 2.4.2.1 Eliminate the limitations on market access and national treatment to achieve free ow of trade in tourism sector (2010) 2.4.2.2 Encourage the private sector to engage in a joint promotion and marketing of ASEAN tourism activities such as the launching of the ASEAN Hip-Hop Pass (beginning 2004) 2.4.2.3 Provide diverse ASEAN tourist attractions by promoting a collective tourism package to include, among others, the main markets of China, Japan, Korea and India (2005) 2.4.2.4 Member Countries to collectively use the Visit ASEAN Campaign Logo in all exhibitions, media, and publication in their campaigns to promote ASEAN as a single tourism destination (2004) 2.4.2.5 Collectively organise an ASEAN Tourism Area in international tourism fairs to continuously promote ASEAN as a single tourism destination (2005) 2.4.2.6 Work towards the televised promotion by ASEAN Leaders of ASEAN as a single destination for tourism and investment at every ASEAN Summit (Annually) 2.4.2.7 Set up criteria for an ASEAN Tourism Heritage site and procedures for an ASEAN Heritage Award (2005) 2.4.2.8 Provide incentives in the development of tourism infrastructure so as to encourage private investment to ASEAN Member Countries (beginning 2004) 2.4.2.9 Provide support and facilitate implementation for the tourism projects approved under the ASEAN Pioneer Project Scheme (APPS) (2005) 2.4.2.10 Undertake a study to identify tourism areas that can be attractive for investment and measures to be pursued to promote investment in tourism. (2005) 2.4.2.11 Establish ASEAN tourism standards by initially working on the development of hotel standards, that would focus on environmental management certication system of hotel. (2004) 2.4.2.12 Establish an ASEAN minimum competency standards for tourism professionals (2005) 2.4.2.13 Establish a Tourism Resource Management and Development Network (2004) 2.4.2.14 Strengthen HRD activities through the development of an intra-ASEAN curriculum covering exchange programme, cross-training and cross-certication activities. (beginning 2004) 2.4.2.15 Initiate a study to establish and strengthen collaborative networks among all tourism-related stakeholders and to create ASEAN Databank to facilitate the rapid growth of tourism (30 June 2005) 2.4.2.16 Facilitate development of appropriate policies to encourage cruising, travel by ferries, and leisure boats in ASEAN

40
ASEAN Documents Series 2004 ASEAN Documents Series 2004

41

Ref. No.

Programme Areas and Measures 2.4.2.17 Conduct Workshop/Training on Tourism Product Development, i.e.: Rural Tourism, Tourism Quality and Sustainable Tourism Development, Souvenir Packaging, etc. (beginning 2004) 2.4.2.18 Develop a list of tourism priority investment projects and undertake measures to promote investment opportunities 2.4.2.19 Support the implementation of Visit ASEAN Campaign (VAC) 2.4.2.20 Strengthen support for the ASEAN Tourism Forum 2.4.2.21 Create an ASEAN webpage to provide precise and timely information on tourism safety and security for public, private and media as well as foreign governments

Ref. No. 2.7 2.7.1 2.7.2 2.7.3 2.7.4 2.7.5 2.7.6 2.7.7 2.7.8 2.7.9 2.7.10 2.8 Telecommunications and IT

Programme Areas and Measures

2.5

Finance Cooperation Strengthen surveillance mechanisms 2.5.1 An enhanced regional surveillance mechanism, including setting up of surveillance network and early warning system, where applicable Enhance domestic nancial systems 2.5.2 A comprehensive capacity building programme for the development of domestic capital markets, particularly in the areas of legal/regulatory framework, risk management and market infrastructure 2.5.3 National capacity building programmes on capital account liberalisation covering all areas of liberalisation (current account convertibility, foreign direct investment inows and outows and portfolio inows and outows) 2.5.4 Progress in enhancing nancial infrastructure, standards and codes in nancial sectors (banking, insurance and capital markets) including good corporate governance, to bring the systems closer to internationally accepted standards and codes Develop and integrate the nancial markets 2.5.5 A regional network for capital market research and training by 2005 2.5.6 Cross border collaboration through programmes aimed at developing common conventions in debt and equity markets 2.5.7 Progressive liberalisation of nancial services through the Fourth and Fifth rounds of negotiations 2.5.8 Progressive liberalisation of capital account, where possible and appropriate, with priority given to liberalising capital ows to ASEAN Member Countries

Enhance the ASEAN Information Infrastructure (AII) through high speed connections among all national information infrastructures (2010) Promote the security and integrity of ASEAN Information Infrastructure through development of national Computer Emergency Response Teams (CERTs) and its capacity building programmes (2008) Develop convergence guidelines and best practices (2005) Create an integrated ASEANConnect information portal with appropriate ASEAN and local content (2010) Provide a wide range of government services and transactions on-line by usage of ICT applications to facilitate linkages between public, private sectors and civil and international organisations (2010) Develop and implement national cyber-laws and relevant telecommunications and IT policies and regulations that are consistent with international standards and norms, and ASEAN regional policy and regulatory frameworks and guidelines (2008) Implement the ASEAN Telecommunications Regulators Councils (ATRC) Mutual Recognition Arrangement (MRA) on conformity assessment for telecommunications equipment Implement capacity building programmes to improve ICT literacy and professional ICT skills, and to enhance the e-Readiness of ASEAN Member Countries (2010) Develop common reference framework for e-Commerce and e-Government technical architectures, so as to ensure interoperability of information systems and networks (2007) Develop infrastructure recommendations for CLMV based on the e-Readiness Study and global best practices (2005)

Science and Technology (S&T) 2.8.1 2.8.2 2.8.3 2.8.4 2.8.5 2.8.6 2.8.7 2.8.8 A core set of ASEAN S&T indicators that can serve as input in the development of human resources strategies by economic and industry planners An operational ASEAN Science and Technology Network (ASTNET) as a hub of S&T information exchange and technology transaction At least six projects implemented through the ASEAN-help-ASEAN programme focusing on resource mobilisation and capacity building in some of the priority sectors in support of the ASEAN Community Completion of the current augmentation plan of the ASEAN Science Fund and other ways being sought to augment the Fund (2008) A policy framework for strategic partnership in research and technology development between public and private sector, with at least two spin-off enterprises and/or three joint collaborative projects between (Committee on Science and Technology) COST and private sector in priority sectors An established ASEAN network of technology foresight practitioners and completed technology foresight exercises for selected priority sectors most relevant to COST Regional training courses to develop technical skills needed by the priority sectors through ASEAN Virtual Institute of Science and Technology (AVIST) and other appropriate means Greater awareness of S&T projects and accomplishments through the implementation of appropriate programmes, leveraging on the ASEAN Science and Technology Week (ASTW), ASEAN Food Conference (AFC), the ASEAN Journal on Science and Technology for Development (AJSTD), and the various ASEAN COST supported events

2.6

Transport 2.6.1 2.6.2 2.6.3 2.6.4 2.6.5 2.6.6 Operationalisation of the ASEAN Framework Agreements on the Facilitation of Goods in Transit (2005) Operationalisation of the ASEAN Framework Agreements on Multimodal Transport Conclusion of the ASEAN Framework Agreement on the Facilitation of Inter-State Transport Adoption of regional plan for enhancing ASEAN transport logistic services Adoption of a regional policy framework for promoting and strengthening of intra-ASEAN shipping service Build upon the Roadmap for Integration of ASEAN for Competitive Air Services Policy to achieve progressive liberalisation of air freight services in ASEAN, with increased tonnage and network coverage through the ASEAN Memorandum of Understanding on Air Freight Services (2006) and signicant liberalisation of scheduled passenger services in ASEAN (2008) Progressive accession and implementation of relevant International Maritime Organisation (IMO) instruments thereby enhancing maritime safety and security and protection of the marine environment Harmonisation of road signage for the ASEAN Highway, to include the requirements for tourism purposes and road safety (2006) Completion of project preparation studies for priority road sections of the ASEAN Highway (2008) Implementation of the Singapore-Kunming Rail Link (SKRL) sections as follows: Poipet-Sisophon Railway Link Project (Cambodia); Ho Chi Minh City Loc Ninh Railway Link Project (Viet Nam); Spur Lines between Three Pagoda Pass and Thanbyuzayat (Myanmar); and VientianeMu GiaTan ApVung Ang(Lao PDR/Viet Nam) (2010) Signicant improvement in road safety in ASEAN through implementation of the ASEAN ve-year Regional Road Safety Action Plan (2009)

2.6.7 2.6.8 2.6.9 2.6.10

2.9

Energy 2.9.1 2.9.2 Operationalisation of the ASEAN Memorandum of Understanding (MOU) on the Trans-ASEAN Gas Pipeline (TAGP) Project with a fully functional ASEAN Gas Consultative Council and ASEAN Council on Petroleum (ASCOPE) Gas Centre in place Signicant implementation of the ASEAN Power Grid Project with an established policy framework and modalities for power inter-connection and trade

2.6.11

42
ASEAN Documents Series 2004 ASEAN Documents Series 2004

43

Ref. No. 2.9.3 2.9.4 2.9.5 2.9.6 2.10

Programme Areas and Measures Enhanced energy infrastructure facilities in ASEAN with the commissioning of three gas pipelines under the TAGP Project and ve power inter-connections under the ASEAN Power Grid Comprehensive institutional arrangement for enhanced security and stability of energy supply in ASEAN Enhancing sustainable energy development through the expanding markets for renewable energy technologies and energy-efcient products Increase the share of renewable energy in power generation in ASEAN region to at least ten per cent.

Vientiane Action Programme ANNEX 3

ASEAN SOCIO-CULTURAL COMMUNITY


Ref. No. 3.1 3.1.1 Programme Areas and Measures Building A Community of Caring Societies Raising the standard of living of marginalised, disadvantaged groups 3.1.1.1 Increase the instances of economic entrepreneurship in rural enterprises 3.1.1.2 Build the capacity of ofcials in rural development and poverty alleviation administration 3.1.1.3 Raise ICT awareness and ICT utilisation rates among the poor 3.1.1.4 Develop a programme to increase capacity for producing prostheses and other assistive devices for persons with disabilities (access to research and production methods, joint procurement) 3.1.1.5 Develop and strengthen regional cooperation for promoting self-reliance of elderly and disabled people to be productive members of the community Facilitating universal access to education and promoting high standards 3.1.2.1 Develop collaboration on educational systems in the region through comparative studies with a view to ensure quality education in the region. 3.1.2.2 Promote education information networking in various level of institutions in the region 3.1.2.3 Initiate collaboration with other regional and international educational organisations to develop a concerted effort in the provision of education in the region Reducing the social risks faced by children, women, the elderly and persons with disabilities: 3.1.3.1 Implement programmes on child survival, development and protection consistent with the Convention on the Rights of the Child (CRC) 3.1.3.2 Implement the eight goals of the Declaration on the Elimination of Violence Against Women in the ASEAN Region 3.1.3.3 Strengthen regional collaboration in programmes to combat trafcking in women and children 3.1.3.4 Develop and implement the ASEAN Work Plan on Womens Advancement Agenda in politics 3.1.3.5 Develop a standardised set of measurement tools for quantifying disability and the assessment of health and social care needs for older persons 3.1.3.6 Collect and exchange information on best practices in family and community-based care for the elderly and capacity building for professionals involved in elderly care 3.1.3.7 Develop and implement regional activities that assist Member Countries to strengthen capacity to facilitate access by all members of society, especially the vulnerable groups, to education, consistent with the UN Millennium Development Goals 3.1.3.8 Promoting equitable participation of women in the development process by eliminating all forms of discrimination against them Increasing the effective participation of family, civil society and the private sector in tackling poverty and social welfare issues 3.1.4.1 Establish an ASEAN Social Workers Exchange Programme 3.1.4.2 Establish an ASEAN Network for Family Development 3.1.4.3 Promote regional networking of professional social workers, NGOs and private sector groups involved in social services education or provision of care 3.1.4.4 Facilitate a rural volunteers movement, and the exchange of young professionals in rural development in ASEAN

Food, Agriculture and Forestry Sectors 2.10.1 2.10.2 2.10.3 Develop and Adopt Existing and New Technologies Conduct collaborative research to develop new/improved technologies in food, agriculture and forestry production, post-harvest and processing activities and sharing of research results and available technology Conduct Research and Development (R&D) in critical areas to reduce the cost of inputs for food, agriculture and forestry production Strengthen programmes in food, agriculture and agro-forestry technology transfer, training and extension to increase productivity

3.1.2

Enhance the Marketability of ASEAN Food, Agriculture and Forestry Products/Commodities 2.10.4 Develop, harmonise and adopt quality standards and regulations for food, agriculture and forestry products 2.10.5 Promote trade, investment and services incidental to agriculture and forestry to increase trade in agrobased and wood-based products in ASEAN and ASEAN Trade in these products with the rest of the world Enhance Private Sector Involvement 2.10.6. Establish networking and strategic alliances with the private sector to promote investment and joint venture opportunities in ASEAN Enhance ASEAN Cooperation and Joint Approaches in International and Regional Issues 2.10.7 Strengthen ASEANs cooperation and joint approaches in addressing issues and problems affecting trade in the regions food, agriculture and forestry products including environment and labour issues 2.10.8 Seek closer cooperation and negotiate, through relevant ASEAN bodies, with trading partners on market access for ASEAN products 2.11 Institutional Strengthening 2.11.2.1 A core set of ASEAN Statistical Indicators (2005) 2.11.2.2 Annual review, and revision if necessary, of the ASEAN Statistical Indicators (2006) 2.11.2.3 Harmonised statistical classication at three digit-level for International Standard Industrial Classication for All Economic Activities (ISIC) and Standard International Trade Classication (SICT), and at six digit-level for Harmonised System (HS) (2008) 2.11.2.4 Harmonised merchandise trade statistics (2008) 2.11.2.5 Comparable methodology and tools for core statistics in International Trade in Services (ITS) (2008) 2.11.2.6 Automated data processing of merchandise trade statistics (2010) Foreign Direct Investment (FDI) 2.11.2.7 Strengthen FDI statistics data collection system 2.11.2.8 Harmonised FDI statistics 2.11.2.9 Expand the coverage of FDI statistics to the services sector 2.12 External Economic Relations 2.12.1 Completion of negotiations in accordance with the agreed schedule

3.1.3

3.1.4

44
ASEAN Documents Series 2004 ASEAN Documents Series 2004

45

Ref. No. 3.1.5.

Programme Areas and Measures Increasing the participation of women and youth in the productive workforce 3.1.5.1 Develop a skills training curricula on specic skills and accreditation systems for skills training programmes for youth 3.1.5.2 Conduct skills training for out-of-school youth and disadvantaged women 3.1.5.3 Increase womens access to micro-credit, information systems and basic social services 3.1.5.4 Use ICT to enable more effective youth work and networking among youth in the region 3.1.5.5 Promote employability of youth by mainstreaming youth into the national development agenda 3.1.5.6 Develop a consolidated plan for regional cooperation mechanisms on skills development, taking into account the skills training programmes under ASEAN cooperation on labour, women and youth, to ensure relevance with the AECs priority sectors Addressing health development concerns 3.1.6.1 Develop strategies for ASEAN to strengthen capacity and competitiveness in health-related products and services, including: harmonisation of standards and regulations for health services and greater coordination with policy makers in the trade sector enhancing human resources for health in the area of globalisation and trade liberalisation 3.1.6.2 Strengthen ASEAN capacity for good clinical practice (GCP) and clinical trials 3.1.6.3 Develop and operationalise a framework of cooperation on integration of traditional medicine/ complementary and alternative medicine (TM/CAM) into national health systems 3.1.6.4 Complete regional surveillance of risk factors for priority health issues identied in the Regional Action Plan on Healthy Lifestyles 3.1.6.5 Formulate detailed work plans for implementing technical cooperation in pharmaceuticals phase VI in the plans identied areas Preventing the spread and reducing the harm of HIV/AIDS and other infectious diseases 3.1.7.1 Reduce new infection and transmission rate of HIV in ASEAN Member Countries, consistent with the UN Millennium Development Goals 3.1.7.2 Increase access to affordable anti-retroviral treatment and opportunistic disease treatment as well as testing reagents 3.1.7.3 Integrate HIV/AIDS impact assessment into the feasibility study phase for development projects, particularly in the countries of the Greater Mekong Sub-region 3.1.7.4 Conduct research on the socio-economic impact and trends of HIV/AIDS in ASEAN, with a view to mitigating the negative impacts 3.1.7.5 Establish regional mechanisms to proactively reduce HIV/AIDS vulnerability arising from developmentrelated mobility and in the workplace 3.1.7.6 Strengthen capacity of ASEAN Member Countries to reduce the vulnerability of drug users to HIV/ AIDS and other blood-borne infectious diseases 3.1.7.7 Develop and implement the Third ASEAN Work Programme on HIV/AIDS (AWPIII) with a time-frame of 2005-2010 3.1.7.8 Put into place regional systems, networks and procedures for communicable diseases (including animal disease) surveillance, early warning and response 3.1.7.9 Formulate and work for the adoption of a ministerial agreement to facilitate the deployment of multinational ASEAN outbreak response teams 3.1.7.10 Activate regional simulation exercises of an outbreak response 3.1.7.11 Involve the Plus Three partners in sharing expertise and in strengthening networks for outbreak response 3.1.7.12 Complete Phase I of the ASEAN+3 Emerging Infectious Diseases (EID) programme and convene a donors forum to mobilise resources to develop and implement Phase II of the ASEAN+3 EID Programme 3.1.7.13 Establish a regional veterinary surveillance network with linkages to public health surveillance mechanisms as a strategy for combating zoonotic diseases

Ref. No. 3.1.8

Programme Areas and Measures Enhancing food security and safety 3.1.8.1 Complete an analysis of long-term supply and demand prospects of major food commodities (to include rice, corn, soybean, sugar, pulses and oilseeds) 3.1.8.2 Develop and adopt a common framework for analysing food trade policies in Member Countries 3.1.8.3 Establish a food security information system for ASEAN to allow Member Countries to forecast, plan and manage their food supplies and utilisation of basic commodities as well as provide information to investors on potential ventures in food production and related areas 3.1.8.4 Develop model food legislative framework and guidelines from farm to table 3.1.8.5 Harmonise related protocols on food safety and organise a network of food laboratories in ASEAN 3.1.8.6 Develop a mechanism for region-wide recognition of food safety assurance systems including certication such as HACCP and GMP 3.1.8.7 Adopt mutual recognition agreements to facilitate trade in food products 3.1.8.8 Develop and implement a work plan to involve the food industry and the agriculture sectors in the implementation of the ASEAN Food Safety Implementation Plan (AFSIP) 3.1.8.9 Establish centres of excellence among ASEAN Member Countries in various analytical services/ elds: training-centres, joint training programmes, etc. taking into account the existing models and institutions Disaster Management 3.1.9.1 Fully implement the ASEAN Regional Programme on Disaster Management 2004-2010 emphasising the following actions: Establishing a fully functional regional mechanism for disaster management, response and relief Institutionalising capacity building programmes for enhancing skills in disaster management Establishment of an ASEAN Disaster Information Sharing and Communication Network and promoting research capability Promoting public awareness and participation in disaster management programmes Ensuring a Drug Free ASEAN by 2015 3.1.10.1 Develop and implement community-based drug prevention and drug abuse control programmes 3.1.10.2 Work towards standardisation of level of punishment among national laws on combating drugs among ASEAN Member Countries 3.1.10.3 Develop multilateral or bilateral legal arrangements to facilitate apprehension, investigation, prosecution and extradition, exchange of witnesses, sharing of evidence, inquiry, seizure and forfeiture of the proceeds of the crime in order to enhance mutual legal and administrative assistance among ASEAN Member Countries 3.1.10.4 Enhancing cooperation in combating drug trafcking among law enforcement agencies in the region 3.1.10.5 Develop regional training, personnel exchange programmes and conduct regular conferences on illicit drug trafcking 3.1.10.6 Strengthen institutional linkages among various ASEAN mechanisms in combating drug trafcking 3.1.10.7 Develop capacity and coordinate regional efforts in controlling chemical precursors to stem the production of synthetic drugs 3.1.10.8 Develop capacity-building infrastructure for rehabilitation of drug victims in each ASEAN Member Country 3.1.10.9 Enhance extra-regional cooperation in combating the drug menace 3.1.10.10 Seek market access for the drug-replacement crops Promote science and technology in ASEAN 3.1.11.1 Develop and implement programmes to enhance science and technology culture in the society through participation of related and interested elements in the community, such as private sectors 3.1.11.2 Implement applied science and technology in relevant sectors for social and economic benet

3.1.6.

3.1.9

3.1.7.

3.1.10

3.1.11

46
ASEAN Documents Series 2004 ASEAN Documents Series 2004

47

Ref. No. 3.2 3.2.1

Programme Areas and Measures Managing the Social Impacts of Economic Integration Developing and enhancing human resources in the workforce 3.2.1.1 Establish a network of skills-training institutions and a programme on vocational skills-training methodology 3.2.1.2 Promote life-long learning as a means of personal development and integration into the working life and society 3.2.1.3 Develop a regional assessment and training programme in the informal sector to promote employment and self-employment 3.2.1.4 Enhance capacity of governments to monitor labour markets and human resource indicators, and design social impact policies 3.2.1.5 Develop a programme on overseas employment administration 3.2.1.6 Develop ASEAN human resources in applied research concentrating on micro-electronic, new materials, bio-technology, telecommunication and other high value-added industries that enhance ASEANs global competitiveness 3.2.1.7 Develop joint certication and accreditation of science and technology in the region Strengthening systems of social protection and social risk management 3.2.2.1 Establish an integrated social protection and social risk management system in ASEAN 3.2.2.2 Conduct research on the impact of globalisation and regional integration on labour and unemployment 3.2.2.3 Strengthen systems of social protection at the national level and work toward adoption of appropriate measures at the regional level to provide a minimum uniform coverage for skilled workers in the region Addressing health development issues from liberalisation 3.2.3.1 Develop strategies to: ensure coordination between policy makers, practitioners and users in rationalising health delivery enhance human resources for health to respond to globalisation and trade liberalisation 3.2.3.2 Complete regional surveillance of risk factors for priority health issues identied in the Regional Action Plan on Healthy Lifestyles Promoting Environmental Sustainability Global environmental issues 3.3.1.1 Promote national and regional cooperation to address measures related to the cluster of multilateral environmental agreements addressing atmospheric issues such as Climate Change and Vienna Conventions and its Protocols 3.3.1.2 Promote national and regional cooperation to address measures related to the cluster of multilateral environmental agreements addressing chemical and chemical wastes such as the Basel, Stockholm and Rotterdam Conventions Land and forest res and transboundary haze pollution 3.3.2.1 Undertake appropriate measures to set in place legislative, administrative and/or other measures to implement the relevant preventive, monitoring, and mitigation measures under the ASEAN Agreement on Transboundary Haze Pollution 3.3.2.2 Operationalise the ASEAN Coordinating Centre for Transboundary Haze Pollution Control to effectively implement the provisions of the ASEAN Agreement on Transboundary Haze Pollution 3.3.2.3 Operationalise the ASEAN Transboundary Haze Pollution Control Fund to provide the required resources for regional and national level action Public awareness and environmental education 3.3.3.1 Further expand and intensify the implementation of the ASEAN Environmental Education Action 20002005, targeting measures in four target areas: formal education, non formal education, manpower capability building and networking, collaboration and communication 3.3.3.2 Further promote the ASEAN Environmental Education Inventory Database as a primary means of communication, networking, sharing resources and experiences, and capacity building

Ref. No. 3.3.4

Programme Areas and Measures Promotion of environmentally sound technologies 3.3.4.1 Operationalise an appropriate ASEAN-level regional mechanism (centre/network) to promote environmentally sound technologies 3.3.4.2 Foster effective government-business-innovative nancial mechanisms to promote environmentally sound technologies especially among the SMEs 3.3.4.3 Adopt region wide environmental management/labelling schemes to promote economic growth and environmental protection Urban environmental management and governance 3.3.5.1 Clean Air - Achieve ASEAN long-term goal of maintaining good ambient air quality of PSI (Pollutant Standard Index) < 100 to safeguard public health 3.3.5.2 Clean Water Achieve ASEAN long-term goals for water quality intended for various uses, and move towards sustainable supply and use of water 3.3.5.3 Clean Land Ensure that waste is properly collected and disposed of in an environmentally sustainable manner Sustainable development, monitoring and reporting/ database harmonisation 3.3.6.1 Implement the thirteen priority environmental parameters and ensure region-wide harmonisation in terms of measurement (methodology), monitoring and reporting 3.3.6.2 Consolidate and promote synergy in the reporting requirements under the various multilateral environmental agreements, aiming for consolidated region-wide reporting 3.3.6.3 Produce informative periodical state of the environment reports for policy-making and addressing impacts on the environment Coastal and marine environment 3.3.7.1 Enhance inter-agency and inter-sectoral coordination at the national, regional and international levels for achieving sustainable development of the ASEANs coastal and marine environment 3.3.7.2 Further expand and implement the ASEAN Marine Water Quality Criteria 3.3.7.3 Implement the ASEAN Criteria for Marine Heritage Areas, and ASEAN Criteria for National Protected Areas to establish a representative network of protected areas to protect critical habitats Nature conservation and biodiversity 3.3.8.1 Signicantly reduce the current rate of loss of biological diversity by 2010 (WSSD target) 3.3.8.2 Promote further listing and coordinated management of ASEAN Heritage Parks as a platform for ecosystem-based protected areas management 3.3.8.3 Facilitate access and fair and equitable sharing of benets arising from the regions biological and genetic resources, by effectively implementing the ASEAN Framework Agreement on Access to, and Equitable Sharing of Genetic and Biological Resources 3.3.8.4 Set in place measures to minimise impacts of transboundary movement of living modied organisms in accordance with the ASEAN Guidelines on Risk Assessment of Agricultural GMOs 3.3.8.5 Promote national and regional cooperation to address measures related to the cluster of multilateral environmental agreements addressing biological diversity such as the Convention on Biological Diversity, CITES, RAMSAR 3.3.8.6 Establish a functional regional database or network of national databases containing inventory of the biological resources of the ASEAN Region 3.3.8.7 Enhance the role and capacity of the ASEAN Centre for Biodiversity to function as an effective regional centre of excellence in promoting biodiversity conservation and management 3.3.8.8 Address issues pertaining to invasive alien species Freshwater resources 3.3.9.1 Halve by 2010 the proportion of people without sustainable access to safe drinking water (WSSD target by 2015) 3.3.9.2 Manage water resources efciently and effectively 3.3.9.3 Promote integrated river basin management 3.3.9.4 Promote awareness to enhance integrated water resources management

3.3.5

3.2.2

3.3.6

3.2.3

3.3.7

3.3 3.3.1

3.3.8

3.3.2

3.3.3

3.3.9

48
ASEAN Documents Series 2004 ASEAN Documents Series 2004

49

Ref. No. 3.3.10

Programme Areas and Measures Ensuring sustainable management of land-based resources while enhancing optimum agricultural production. Crops: 3.3.10.1 3.3.10.2 3.3.10.3 3.3.10.4 3.3.10.5 3.3.10.6 3.3.10.7 Strengthening national frameworks for pest risk analysis Bio-security planning Harmonisation of maximum residue limits of commonly used pesticides for vegetables Establishment of ASEAN pesticide database network Identication and adoption of improved production/post-harvest technologies Establishment of ASEAN-AVRDC regional network for vegetable research and development Intensication of integrated pest and crop management practices

Ref. No. 3.4 3.4.1 Promoting an ASEAN Identity

Programme Areas and Measures

Promoting ASEAN awareness and an ASEAN regional identity 3.4.1.1 Implementation of the Memorandum of Understanding on the Implementation of National Communication Plans to Promote ASEAN Awareness and Understanding (signed by the ASEAN Ministers Responsible for Information in 2000) 3.4.1.2 Production of visual arts and showcases as well as performing arts that promote interaction among artists 3.4.1.3 Production of performing arts 3.4.1.4 Conduct of youth camps and similar activities involving youth exchanges 3.4.1.5 Promote shared values 3.4.1.6 Promote ASEAN languages learning Preserving and promoting ASEAN cultural heritage 3.4.2.1 Implementation of the work programme on the ASEAN Declaration on Cultural Heritage to cover the following areas: National and regional protection of ASEAN cultural heritage Protection of national treasures and cultural properties Sustentation of worthy living traditions Preservation of past and living scholarly, artistic and intellectual cultural heritage Preservation of past and living popular cultural heritage and traditions Enhancement of cultural education, awareness and literacy Afrmation of ASEAN cultural dignity Advancement of cultural heritage policy and legislation Recognition of communal intellectual property rights Prevention of illicit transfer of ownership of cultural property Economic and commercial utilisation of cultural heritage and resources Integration of culture and development Development of national and regional networks on ASEAN cultural heritage 3.4.2.2 Exchange of visits among representatives of arts and culture 3.4.2.3 Build capacity, both people and facilities, within each country to develop and implement sustainable cultural conservation management plans and systems Fostering dialogue for a deeper understanding of ASEAN civilisation, cultures, and religions 3.4.3.1 Organise dialogues for interaction and exchange among all individuals from various societies and civilisations in the region 3.4.3.2 Promote mutual visits and meetings of experts in various elds from different civilisations 3.4.3.3 Develop curricula materials suitable for each national education system 3.4.3.4 Clarify and publicise framework for cooperation with Dialogue Partners 3.4.3.5 Increase number of cooperative programmes with Dialogue Partners within framework 3.4.3.6 Identify existing networks and encourage cooperation 3.4.3.7 Increase ASEAN cultural and information cooperation to expose and disseminate the rich and vast culture of ASEAN through effective and efcient programmes, not only within ASEAN but also outside the region Promoting ASEANs standing in the international community 3.4.4.1 Advance and reinforce a positive international image of ASEAN supportive of its interests, policies programmes and goals 3.4.4.2 Undertake proactive communication measures to promote the realisation of the ASEAN Community 3.4.4.3 3.4.4.4 Improve the quality of mechanisms that disseminate news on ASEAN Develop and implement a mechanism for engaging with the media

Livestock: 3.3.10.8 Establishment of accreditation schemes for good practices in livestock production 3.3.10.9 Strengthening animal diseases control programmes among ASEAN Member Countries 3.3.10.10 Establishment of an information network for the sharing of information on animal health and production Fisheries: 3.3.10.11 Implementation of ASEAN-SEAFDECs Resolution and Plan of Action Sustainable Fisheries 3.3.10.12 Utilisation of good production practices for aquaculture farming 3.3.10.13 Establishment of village-sh ponds and school sh ponds in rural community in selected ASEAN Member Countries 3.3.10.14 Development of disease surveillance system of aquatic animals 3.3.10.15 Promotion of mangrove-friendly aquaculture in Southeast Asia 3.3.10.16 Regionalisation of the Code of Conduct for Responsible Fisheries 3.3.11 Promoting forest management as a model in sustainable development by harmonising environmental, social and economic policies 3.3.11.1 Enhance the capacities and human resources, including research and development in the forestry sector to achieve Sustainable Forest Management (SFM) 3.3.11.2 Strengthen ASEAN cooperation and joint approaches in addressing international and regional forestry issues to participate in the development of a global partnership for development 3.3.11.3 Establish policy and planning documents that promote the sustainable management and conservation of forest resources for socio-economic development while ensuring environmental sustainability 3.3.11.4 Promote multi-stakeholder participation to support development of regional partnership for development 3.3.11.5 Promote the sustainable management of forest resources, which include protection of forests in an ecologically sound and integrated manner by developing and adopting common criteria for sustainable forest management in ASEAN, and eradicating unsustainable practices and related activities Strengthen cooperation in the rational utilisation of mineral resources 3.3.12.1 Intensify cooperation in strengthening institutional and human capacities to facilitate research, innovation and application of emerging and advanced technologies in mineral resources development and geosciences, including environmental management, minerals processing and rehabilitation, among others 3.3.12.2 Engage ASEAN Dialogue Partners and relevant international and regional organisations in the promotion of responsible mineral resources development, research and development, and technology transfer cooperative programmes and activities 3.3.12.3 Conduct safe, environmentally friendly and socially responsible mineral resources development in ASEAN

3.4.2

3.4.3

3.3.12

3.4.4

50
ASEAN Documents Series 2004 ASEAN Documents Series 2004

51

Vientiane Action Programme ANNEX 4

ASEAN Security Community Plan of Action


Vientiane, Laos, 29 November 2004
Introduction Leaders at the Ninth ASEAN Summit in Bali adopted the Declaration of ASEAN Concord II (Bali Concord II), which stipulated the establishment of an ASEAN Community resting on three pillars: an ASEAN Security Community, an ASEAN Economic Community and an ASEAN Socio-Cultural Community. These three pillars shall be developed and implemented in a parallel and balanced manner. Recognising the strong interconnections among political, economic and social realities, the ASEAN Security Community acknowledges the principle of comprehensive security, and commits to address the broad political, economic, social and cultural aspects of building an ASEAN Community. It is also acknowledged that political and social stability, economic prosperity, narrowed development gap, poverty alleviation and reduction of social disparity would constitute strong foundation for a sustained ASC given its subscription to the principle of comprehensive security. The realisation of an ASEAN Security Community would ensure that countries in the region live at peace with one another and with the world at large in a just, democratic and harmonious environment. The ASC would be based on shared norms and rules of good conduct in inter-state relations; effective conict prevention and resolution mechanisms; and post-conict peace building activities. The ASC promotes an ASEAN-wide political and security cooperation in consonance with the ASEAN Vision 2020 rather than a defence pact, military alliance or a joint foreign policy. The ASC Plan of Action is mutually-reinforcing with bilateral cooperation between ASEAN Member Countries while recognising the sovereign rights of the Member Countries to pursue their individual foreign policies and defence arrangements.In addressing future security challenges,ASEAN Member Countries share the responsibility for strengthening peace, stability and security of the region free from foreign military interference in any form or manifestation. The ASC shall contribute to the further promotion of peace and security in the wider Asia Pacic region. In this regard, the ASC is open and outward looking, engaging ASEANs friends and Dialogue Partners to promote peace and stability in the region. The ASC will reect ASEANs determination to move forward the stages of ASEAN Regional Forum (ARF) at a pace comfortable to all. In this regard, the ASC will strengthen ASEANs role as the driving force in the ARF. Since its inception in 1967, ASEAN has developed condence and maturity to address issues of common concern as one ASEAN family. The ASC process shall therefore be progressive. This process shall be guided by well-established principles of non-interference, consensus based decisionmaking, national and regional resilience, respect for the national sovereignty, the renunciation of the threat or the use of force, and peaceful settlement of differences and disputes which have served as the foundation of ASEAN cooperation. ASEAN shall strengthen existing initiatives, launch new ones and set appropriate implementation frameworks. The ASC upholds the existing ASEAN political instruments such as the Declaration on ZOPFAN, the TAC and the SEANWFZ Treaty, which shall play a pivotal role in the area of confidence building measures, preventive diplomacy and the approaches to conflict resolution. It shall abide by the UN Charter and other principles of international law. ASEAN shall explore innovative ways to implement the Plan of Action which comprises six components, but not limited to, as follows: political development, shaping and sharing of norms, conict prevention, conict resolution, post-conict peace building, and implementing mechanisms. A list of areas of activities, which is non-exhaustive, is provided to ensure a coordinated process of cooperation towards an ASEAN Security Community. I. Political Development One of the main objectives of the ASEAN Security Community as envisaged in the Bali Concord II is to bring ASEANs political and security cooperation to a higher plane. In working towards this objective, ASEAN Member Countries shall promote political development in support of ASEAN Leaders shared vision and common values to achieve peace, stability, democracy and prosperity in the region. This is the highest political commitment that would serve as the basis for ASEAN political cooperation. In order to better respond to the new dynamics within the respective ASEAN Member Countries, ASEAN shall nurture such common socio-political values and principles. In this context, ASEAN Member Countries shall not condone unconstitutional and undemocratic changes of government or the use of their territory for any actions undermining peace, security and stability of other ASEAN Member Countries.

NARROWING THE DEVELOPMENT GAP


Ref. No. 4.1 4.1.1 General Framework Conduct a deeper analysis of the development gap in its various dimensions and manifestations and set realistic targets for the medium and long-term: 4.1.1.1 Complete a study to analyse the nature, manifestations and magnitude of the development gap in ASEAN 4.1.1.2 Convene fora/workshops to set regional targets and milestones Accord preferential consideration or special treatment in the form of more opportunities or greater resource allocation, for the participation of CLMV in all cooperation programmes and activities under the mainstream ASEAN agenda: 4.1.2.1 Accord special consideration for the participation of CLMV built into the design of all ASEAN cooperation programmes, projects and activities Initiative for ASEAN Integration (IAI) Strengthen the existing mechanisms to assist the CLMV grow at an accelerated rate, including broadening and deepening the scope of the IAI CLMV Work Plan as well as developing innovative modalities for resource mobilisation: 4.2.1.1 Completion and approval by the Leaders of the mid-term review of the IAI CLMV Work Plan 4.2.1.2 Innovative modalities for resource mobilisation Strengthening the framework for sub-regional cooperation within ASEAN: 4.2.2.1 Strengthening coordinating mechanisms within the existing sub-regional arrangements in ASEAN 4.2.2.2 Development and launching of a work programme to address development needs of sub-regions 4.2.2.3 Providing a policy environment to encourage sub-regional cooperation Economic Integration Activities Develop a conducive policy environment to support infrastructure development in CLMV: 4.3.1.1 Study to identify policy incentives to attract FDI in infrastructure development in CLMV 4.3.1.2 Series of workshops organised to review the recommendations of the study and formulate an implementation strategy Social Development Complement national poverty reduction programmes with regional advocacy efforts 4.4.1.1 Adoption and implementation of regional advocacy programme areas to include, among others, agriculture, agro-based industry, integrated rural development Programme Areas and Measures

4.1.2

4.2 4.2.1

4.2.2

4.3 4.3.1

4.4 4.4.1

52
ASEAN Documents Series 2004 ASEAN Documents Series 2004

53

A conducive political environment will ensure continued peace, security and stability in the region, in which Member Countries shall rely exclusively on peaceful processes in settling intra-regional differences and disputes and consider their individual security as fundamentally linked together and bound by geographic location, common vision and objectives. II. Shaping and Sharing of Norms Shaping and sharing of norms aim at achieving a standard of common adherence to norms of good conduct among members of the ASEAN Community; consolidating and strengthening ASEANs solidarity, cohesiveness and harmony (the we feeling); and contributing to the building of a democratic, tolerant, participatory and transparent community in Southeast Asia. These norms setting activities shall adhere to the following fundamental principles: 1. 2. 3. 4. 5. Non-alignment; Fostering of peace-oriented attitudes of ASEAN Member Countries; Conict resolution through non-violent means; Renunciation of nuclear weapons and other weapons of mass destruction and avoidance of arms race in Southeast Asia; and Renunciation of the threat or the use of force.

IV. Conict Resolution It is essential that any disputes and conicts involving ASEAN Member Countries be resolved in a peaceful way and in the spirit of promoting peace, security and stability in the region. While continuing to use national, bilateral and international mechanisms, ASEAN Member Countries shall endeavour to use the existing regional dispute settlement mechanisms and processes in the political and security areas and work towards innovative modalities including arrangements to maintain regional peace and security so as to better serve theirs as well as collective interests of all members for peace and security. V. Post-conict Peace Building Post-conict peace building seeks to create the conditions necessary for a sustainable peace in conict-torn areas and to prevent the resurgence of conict. It is a process involving broad-based inter-agency cooperation and coordination across a wide range of issues. ASEAN activities related to post-conict peace building shall include the establishment of appropriate mechanisms and mobilisation of resources. As an ASEAN family, members should assist each other in post-conict peace building efforts, such as humanitarian relief assistance, reconstruction and rehabilitation. 2. VI. Implementing Mechanisms To ensure the effective implementation of this Plan of Action, the following measures will be undertaken: 1. The AMM shall take necessary follow-up measures to implement this Plan of Action including consultation and coordination with other relevant ASEAN ministerial bodies; to set up ad-hoc groups as appropriate; and to report annually the progress of implementation to the ASEAN Summit; as well as to introduce new measures and activities to strengthen the ASEAN Security Community as appropriate; The AMM shall undertake overall review of progress of this Plan of Action. The AMM shall inscribe permanently an agenda item entitled Implementation of the ASC Plan of Action in the agenda of its meetings; and The Secretary-General of ASEAN shall assist the ASEAN Chair in monitoring and reviewing the progress of implementation of this Plan of Action.

ANNEX

ACTIVITIES I. Political Development 1. Promotion of a just, democratic and harmonious environment : a. Strengthening democratic institutions and popular participation; b. Promoting understanding and appreciation of political system, culture and history of ASEAN Member Countries; c. Strengthening the rule of law and judiciary systems, legal infrastructure and capacity building; d. Promoting free ow of information among and within ASEAN Member Countries; e. Enhancing good governance in public and private sectors; f. Strengthening effective and efficient civil services; and g. Preventing and combating corruption. Promotion of human rights and obligations: a. Establishing a network among existing human rights mechanisms; b. Protecting vulnerable groups including women, children, people with disabilities, and migrant workers; and c. Promoting education and public awareness on human rights. Promotion of people-to-people contacts: a. Encouraging the role of ASEAN InterParliamentary Organisation (AIPO) in political and security cooperation; b. Promoting public participation and the contribution of the ASEAN Peoples Assembly (APA) to the ASEAN community building; c. Strengthening the role of the ASEAN Foundation; d. Encouraging the contribution of ASEAN-ISIS to political development; e. Strengthening the role of the ASEAN Business Advisory Council (ABAC); and f. Supporting the activities of the ASEAN University Network. 2.

b.

Periodic assessment of the implementation of the TAC and exploration of ways and means for its effective implementation.

Working towards development of an ASEAN Charter which will inter alia reafrm ASEANs goals and principles in inter-state relations, in particular the collective responsibilities of all ASEAN Member Countries in ensuring non-aggression and respect for each others sovereignty and territorial integrity; the promotion and protection of human rights; the maintenance of political stability, regional peace and economic progress; and the establishment of effective and efcient institutional framework for ASEAN. Resolving all outstanding issues to ensure early signing of the Nuclear Weapon States to the Protocol to the SEANWFZ Treaty. ASEAN Treaty on Mutual Legal Assistance (MLA) Agreement: a. Compilation of existing bilateral MLA Agreements among ASEAN Member Countries and between ASEAN and other countries; b. Identication of issues relating to the establishment of an ASEAN MLA Agreement; and c. Conclusion of ASEAN MLA Agreement. ASEAN Extradition Treaty as envisaged by the 1976 Declaration of ASEAN Concord: a. Identication of ASEAN political decisions to establish Extradition Treaty and bilateral Extradition Treaties between ASEAN Member Countries; and b. Establishment of a working group on ASEAN Extradition Treaty under the purview of ASEAN Senior Law Ofcials Meeting (ASLOM). Ensuring the implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) through, inter alia: a. Establishing an ASEANChina Working Group on the Implementation of the DOC; b. Establishing a review mechanism on the implementation of the DOC; and c. Working towards the adoption of the Code of Conduct in South China Sea (COC). ASEAN Convention on Counter Terrorism: a. Identication and analysis or assessment of documents and relevant instruments related to counter terrorism;

3.

4.

ASEAN Member Countries shall therefore engage in such activities as strengthening the ASEAN Declaration of 1967, the ZOPFAN, the TAC and the SEANWFZ regimes, developing regional legal frameworks, and establishing a Code of Conduct in the South China Sea. III. Conict Prevention Based on the principles contained in the TAC, which is the key code of conduct governing relations between states and diplomatic instrument for the promotion of peace, security and stability in the region, the objectives of conict prevention shall be: 1. 2. To strengthen condence and trust within the Community; To mitigate tensions and prevent disputes from arising between or among Member Countries as well as between Member Countries and non-ASEAN countries; and To prevent the escalation of existing disputes.

5.

3.

2.

6.

3.

VII. Areas of Activities To realise the ASEAN Security Community by 2020, ASEAN shall endeavour to work towards the implementation of the areas of activities in the following Annex. It is acknowledged that some of these activities are already ongoing and at various stages of implementation. Additional activities could also be implemented in the future. ASEAN will make every effort to promptly carry out activities which gain consensus support. II.

3.

Shaping and Sharing of Norms 1. Strengthening the TAC regime: a. Accession to the TAC by non -ASEAN countries; and 7.

ASEAN Member Countries shall enhance security cooperation by strengthening condence building measures; carrying out preventive diplomacy; resolving outstanding regional issues; as well as enhancing cooperation on nontraditional security issues.

54
ASEAN Documents Series 2004 ASEAN Documents Series 2004

55

b. c.

Working towards accession to and ratication of the relevant UN conventions on counter terrorism; and Preparation, negotiation and conclusion of an ASEAN convention on counter terrorism.

4.

III. Conict Prevention 1. Strengthening Condence Building Measures: a. Organising and conducting regional military exchanges among high-ranking ofcials, military academies, and staff colleges of ASEAN Member Countries, apart from increasing bilateral visits and exchanges; b. Periodic publication of strategic assessments on the security environment, defence policies, and other security issues, such as Defence White Papers and equivalent documents; c. Working towards convening of an annual ASEAN Defence Ministers Meeting (ADMM); d. Promoting exchange of observers at military exercises; e. Establishment of an ASEAN Arms Register to be administered by the ASEAN Secretariat, in line with a similar activity being conducted in the ARF; f. Utilising military and civilian personnel in disaster relief operation; g. Promotion of civil-military relations; and h. Exploring joint development and sharing of resources. Strengthening Preventive Measures: a. Publishing an ASEAN Members Annual Security Outlook; b. Voluntary briefing by ASEAN Member Countries on national security issues; and c. Developing an ASEAN early warning system based on existing mechanisms to prevent occurrence/escalation of conicts. Strengthening the ARF process in support of the ASEAN Security Community: a. ARF Unit within the ASEAN Secretariat; b. Enhanced role of the ARF Chair; c. Strengthening ASEANs role in addressing the four overlapping issues of CBMs and Preventive Diplomacy (Enhanced role of the ARF Chair, Annual Security Outlook, Register of Experts/Eminent Persons, Voluntary Brieng on Regional Issues); and d. Moving the ARF to the preventive diplomacy stage and beyond (implementation of the Concept Paper on Preventive Diplomacy, establishment of an Intersessional Support Group on Preventive Diplomacy).

Enhancing cooperation on non-traditional security issues: a. Combating transnational crimes and other trans-boundary problems, including money laundering, illegal migration, smuggling and illegal trade of natural resources, trafcking in persons, drugs and precursors, as well as communicable diseases; b. Promoting ASEAN maritime security cooperation; c. Strengthening law enforcement cooperation; and d. Promoting cooperation on environmental issues including haze, pollution and oods. Strengthening efforts in maintaining respect for territorial integrity, sovereignty and unity of Member Countries as stipulated in the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations: a. Strengthening cooperation on the states obligation not to intervene in the affairs of other neighbouring states, including refraining from the use of military, political, economic or other form of coercion aimed against the political independence or territorial integrity of other neighbouring states; b. Enhancing cooperation among ASEAN Member Countries to prevent the organisation, instigation, assistance and participation in terrorist acts in other neighbouring ASEAN Member Countries; c. Preventing the use of territory of any ASEAN Member Country as base for any activities against security and stability of neighbouring ASEAN Member Countries; and d. Strengthening cooperation to address subversive and insurgency activities aimed at neighbouring ASEAN Member Countries.

Group (EPG), which may extend assistance to the High Council to provide advice or counsel on the settlement of disputes upon request, in accordance with the Rules of Procedure of the High Council of TAC. 2. Developing regional cooperation for maintenance of peace and stability: a. Promoting technical cooperation with the UN and relevant regional organisations in order to benet from their expertise and experiences; b. Establishing/assigning national focal points for regional cooperation for maintenance of peace and stability; c. Utilisation of national peace keeping centres which currently exist, or are being planned, in some ASEAN Member Countries to establish regional arrangement for the maintenance of peace and stability; and d. Establishing a network among existing ASEAN Member Countries peace keeping centres to conduct joint planning, training, and sharing of experiences, with a view to establishing an ASEAN arrangement for the maintenance of peace and stability. Developing Supporting Initiatives: a. Promoting exchange and cooperation among ASEAN centres of excellence on peace, and conict management and resolution studies; and b. Considering the establishment of an ASEAN Institute for Peace and Reconciliation.

V.

Post-conict Peace Building 1. Strengthening ASEAN humanitarian assistance: a. Providing safe havens in conict areas; b. Ensuring the delivery of basic services or assistance to victims of conict; c. Orderly repatriation of refugees/displaced persons and resettlement of internally displaced persons; d. Ensuring safety of humanitarian relief assistance workers; e. Promoting the role of humanitarian relief assistance organisations; f. Considering the establishment of an ASEAN Humanitarian Assistance Centre; and g. Intensifying cooperation with the United Nations and other organisations/donor countries. Developing cooperation in post-conict reconstruction and rehabilitation in affected areas by: a. Undertaking human resources development and capacity building; b. Assisting in institutional building and promoting popular participation; c. Reducing inter-communal tensions through educational exchanges and curriculum reform; and d. Increasing cooperation in reconciliation and promotion of a culture of peace. Establishing a mechanism to mobilise necessary resources to facilitate post-conict peace building (e.g. a Stability Fund), including through cooperation with donor countries and international institutions

5.

2.

3.

3.

2.

3.

6. Strengthening cooperation to address threats and challenges posed by separatism. IV. Conict Resolution 1. Strengthening Dispute Settlement Mechanisms: a. The use of existing modes of pacic settlement of disputes such as negotiations and consultations, good ofces, conciliation and mediation by all ASEAN Member Countries, or use of the High Council of the TAC as a preferred option; and b. If the High Council so requires, it may establish on an ad hoc basis an Experts Advisory Committee (EAC) or an Eminent Persons

56
ASEAN Documents Series 2004 ASEAN Documents Series 2004

57

The ASEAN Socio-Cultural Community (ASCC) Plan of Action


Vientiane, Laos, 29 November 2004

for production, consumption and wealth creation, thus ensuring the benets from economic integration. ASEAN Member Countries will therefore strive, individually and collectively, to build caring societies concerned with, committed to, and capable of addressing fundamental issues of poverty, equity and human development. Governments, private sector and civil society will work in partnership to address these concerns. 6. Under the ASCC PoA, the goal of building an ASEAN community of caring societies will address the following concerns: Accelerating the goal of poverty reduction within the framework of the Millennium Development Goals (MDGs); Facilitating universal access to education for increased employability, good citizenship, and as a means of empowerment and life-long learning; Promoting the welfare of children by safeguarding their rights, ensuring their survival and full development, and protecting them from abuse, neglect and violence; Promoting improved standards and access to education through networking and institutional collaboration, using existing regional bodies; Enabling youth to have a better future by developing their leadership skills, entrepreneurship, and technical and vocational abilities; Promoting equitable participation of women in the development process by eliminating all forms of discrimination against them; Ensuring that the elderly are adequately cared for by promoting community-based support systems to supplement the role of the family as primary caregiver; Augmenting and supporting the efforts of sectoral bodies to prevent and combat human trafcking, particularly in women and children, through comprehensive policies and measures; Strengthening the system of social welfare through the enhancement of national capacities in responding to emerging social issues; Promoting health and nutrition, including through advocacy on health-related issues and healthy lifestyles; Preventing the spread of HIV/AIDS and other infectious diseases (including SARS and Avian inuenza) through, among others, sharing of experiences and best practices and systems of surveillance; Ensuring access to safe, quality and affordable medicines by building ASEAN capacity and competitiveness in pharmaceutical as well as traditional medicines and complementary and alternative medicines; Enhancing food security and safety as a fundamental requirement of human security;

INTRODUCTION The Vision of an ASEAN Socio-Cultural Community 1. Embedded in ASEAN Vision 2020, Declaration of ASEAN Concord I (1976), Declaration of ASEAN Concord II (2003) and the Hanoi Plan of Action (HPA) is ASEANs goal of a community of cohesive, equitable and harmonious societies, bound together in solidarity for deeper understanding and cooperation. Its key features are: Equitable access to opportunities will be universal - rising above the barriers of religion, race, language, gender and social and cultural background; Human potentials are nurtured to the fullest, so that all individuals can participate meaningfully in a competitive world in a manner that gives paramount importance to their welfare and dignity; Norms of social and distributive justice are upheld by addressing issues of poverty and equity, and special care is given to vulnerable groups -children, youth, women, the elderly, and persons with disabilities -- who could be the subject of abuse, neglect and discrimination; The environment and natural resources are protected and managed to sustain development and as a legacy for future generations; Civil society is engaged in providing inputs for policy choices; People are healthy in mind and body and living in harmony in safe environments; and ASEAN citizens interact in a community conscious of its ties of history, aware of its cultural heritage and bound by a common regional identity. 3.

Failure to address these critical and persistent social issues can further cause both economic and political dislocations. The ASCC will evolve amidst profound changes that are taking place in ASEANs social landscape. These include: (i) the rise of consumerism and lifestyle changes resulting from rapid economic growth; (ii) increased personal mobility resulting from advances in infrastructure and more open regimes; (iii) transformation of the family roles and structures, with implications on the care of children and the elderly; (iv) the potential of information technology to enhance the speed and quality of learning and development of human skills, thus narrowing the digital divide; (v) the rapid pace of urbanisation and its impact on employment and the delivery of basic services; (vi) shifts in the labour market resulting from economic integration; and (vii) unsustainable exploitation of natural resources in the process of meeting developmental needs.

Ensuring a drug-free ASEAN by 2015 through community-based drug prevention, treatment and control of drug abuse in parallel with eliminating drug-trafcking and illicit drug supply through law enforcement and alternative development for the sustainability of drug control; and Promoting a culture of science and technology and enhancing cooperation in the utilisation of appropriate applied science and technology in socioeconomic activities to improve social well-being; Establishing efficient and well-functioning regional mechanisms for disaster prevention and relief that are fully compatible with global disaster management systems.

Managing the Social Impact of Economic Integration 7. ASEAN Member Countries, as a community of caring societies, are committed individually and collectively, to address the impact of economic integration to minimise its social costs and ensure its benets. Domestic policy adjustments and emerging regional production arrangements from economic integration will have profound social impact that will be felt mostly in the labour market. To manage the social impact, the following key goals will be pursued under the ASCC PoA: Promoting human resource development to build a competitive labour force, through, among others, closer cooperation among existing regional centres in the area of education; Promoting an efcient labour market through mutual skills recognition arrangements to enhance regional mobility so that ASEANs workforce are prepared for and benet from economic integration; such efforts would enable labour markets to operate efciently with appropriate matching of jobs and skills; Strengthening systems of social protection at the national level and working towards adoption of appropriate measures at the regional level to provide a minimum uniform coverage for skilled workers in the region; Addressing the impact of liberalisation in the health sector to meet the needs of ASEAN; and Promoting joint certication and accreditation of science and technology at the regional level to improve science and technology competence of ASEANs human resources.

8.

The ASEAN Socio-Cultural Community Plan of Action 4. This ASCC Plan of Action (PoA) will have four core elements: Building a community of caring societies to address issues of poverty, equity and human development; Managing the social impact of economic integration by building a competitive human resource base and adequate systems of social protection; Enhancing environmental sustainability and sound environmental governance; and Strengthening the foundations of regional social cohesion towards an ASEAN Community in 2020.

The Imperatives of the ASEAN Socio-Cultural Community 2. The ASCC reects ASEANs social agenda that is focused on poverty eradication and human development. It is linked inextricably with the economic and security pillars of the ASEAN Community. Social inequities can threaten economic development and in turn undermine political regimes. Economic instability can exacerbate poverty, unemployment, hunger, illness and disease. Social instability can emerge from environmental scarcity or the inequitable distribution among stakeholders of the use of environmental assets.

Building a Community of Caring Societies 5. Poverty alleviation, equity and human development lie at the very core of a strong and resilient ASEAN SocioCultural Community. Poverty reduction is fundamental to the development of the human potential, allowing people to participate fully in the mainstream of economic life and contribute to society. A community of caring societies in ASEAN can enhance the potential

Enhancing Environmental Sustainability 9. A clean and green ASEAN, with fully developed mechanisms for environmental governance, is both

58
ASEAN Documents Series 2004 ASEAN Documents Series 2004

59

a shared goal and responsibility of ASEAN Member Countries. ASEAN commitments to the Johannesburg Plan of Implementation of the World Summit for Sustainable Development (WSSD) have provided the framework for ASEAN cooperation on the environment which currently focuses on ten priority areas: (i) global environmental issues: (ii) land and forest res and transboundary haze pollution; (iii) coastal and marine environment; (iv) sustainable forest management; (v) sustainable management of natural parks and protected areas; (vi) freshwater resources; (vii) public awareness and environmental education; (viii) promotion of environmentally sound technologies and cleaner production; (ix) urban environmental management and governance; and (x) sustainable monitoring and reporting, and database harmonisation. 10. Under the ASCC PoA, the following goals for promoting environmental sustainability will be pursued: Building national capacities to address issues and commitments to multilateral environmental agreements through awareness raising and informed policy choices; Effectively managing transboundary haze in accordance with the ASEAN Agreement on Transboundary Haze Pollution; Promoting the sustainable use of ASEANs coastal and marine environment as a source of food supply and natural heritage; Conserving ASEANs rich biological diversity and the fair and equitable sharing of the benets from these biological and genetic resources; Promoting the sustainable management of forest resources and conserving critical ecosystems through the eradication of unsustainable practices and related activities, as well as strengthening preservation and management of ASEAN Heritage Parks; Promoting the sustainability of water resources to ensure adequate and quality water supply to meet ASEAN health and food needs; Promoting environmental education with the view to developing ASEAN citizens who are environmentally conscious; Promoting environmentally-sound technologies in partnership with the private sector; Ensuring quality living standards in ASEAN cities and urban areas; Augmenting and supporting the efforts of the ASEAN Economic Community through the energy sector in developing alternative fuels in order to prevent environmental devastation and resource exhaustion; and Promoting environmentally sound and socially responsible mineral development practices in the sustainable management and optimum utilisation of mineral resources.

Strengthening the Foundations of Regional Social Cohesion 11. With globalisation, many of the regions traditional societies, with their cherished cultural norms and practices, are facing new challenges .As ASEAN continues in its community-building efforts, the concern is how to fulll its aspirations for progress and prosperity while at the same time preserving its rich cultural heritage. Thus, the ASEAN Community envisaged to emerge from regional integration by 2020 is where people, amidst the diversity of their historical and cultural experience, are conscious of a common regional identity. This sense of regional identity and solidarity will have been built on years of cumulative interaction in all facets of social and economic life and at all levels communities, governments and civil society. 12. Under the ASCC PoA, the goal of creating an ASEAN identity involves: Mainstreaming the promotion of ASEAN awareness, regional identity and values in national communications plans, educational curricula, people-to-people contact mainly through culture, arts and sports, especially among the youth, and the promotion of ASEAN languages learning through scholarships and exchanges of linguists; Preserving and promoting ASEAN cultural heritage and living traditions, as a vehicle to better understand the link between culture and development, and as a source of inspiration for future endeavours; Fostering dialogues among civilisations, cultures and religions as a means to foster better understanding, build condence, and address threats to peace and security; and Promoting ASEANs standing in the international community.

the period 2005-2010 consistent with their respective national policies and development priorities, and taking into account implementation capacity, including the availability of budgetary resources. Peer review and monitoring of these individual action plans will be done at the level of the relevant ASEAN body, consolidated by the ASEAN Secretariat, and reected in the SecretaryGenerals report card to the ASEAN Summit. 15. The AMM shall take necessary follow-up measures to implement this Plan of Action including consultation and coordination with other relevant ASEAN Ministerial bodies; setting up ad-hoc groups as appropriate; reporting annually the progress of implementation to the ASEAN Summit; as well as introducing new measures and activities to strengthen the ASEAN Socio-Cultural Community as appropriate. 16. Self-reliance, shared responsibility and ownership are the principles that will guide the implementation of ASCC projects. The discipline of mainstreaming regional goals and commitments into the national plans and priorities will be of paramount importance in order to secure the resources required for implementation. Regional advocacy can provide the leverage to help drive national level actions and secure the necessary budget resources. 17. For regional level activities, particular attention will be given to activities that are best achieved through regional cooperation because of resulting economies of scale, value-added, or strategic interests. These activities will be implemented primarily through the relevant ASEAN bodies or through the ASEAN Secretariat. 18. Implementing the ASCC PoA will require intensive and sustained capacity building at the national and regional levels in a wide range of areas. Active participation of various stakeholders in ASCC activities will also be

encouraged to draw from their wealth of expertise and experience and to promote a strong sense of commitment and ownership of projects and activities. Building region-wide networks of NGOs, training centres, academic institutions and other ASEAN organisations will gradually weave into the fabric of the ASEAN Community and help to strengthen social cohesion. 19. Mobilisation of resources will remain to be a key challenge for implementing various activities under the ASCC PoA. Resource mobilisation, however, should increasingly be viewed as a process of mobilising national, regional and external resources -- intellectual, technical and nancial -- in support of ASEAN priorities. 20. Finally, the ASEAN Foundation, with the full support of the Member Countries, should play a more active role in supporting the implementation of the ASCC PoA. Activities where the ASEAN Foundation could play an active role include: promoting access to ICT resources of differently advantaged groups (youth, women, persons with disabilities, and rural communities); promoting ASEAN awareness through language training and mass media; and youth exchange activities (such as through volunteer programmes and youth camps) with the view to facilitating greater awareness among ASEAN youth of the regions vision of a cohesive and caring society a community of caring societies. 21. To realise the ASEAN Socio-Cultural Community by 2020, ASEAN shall endeavour to work towards the implementation of the areas of activities in the following Appendix. It is acknowledged that some of these activities are already ongoing and at various stages of implementation. Additional activities could also be implemented in the future. ASEAN will make every effort to promptly carry out activities, which gain consensus support.

Implementation Modalities 13. Specic measures envisaged under each of the four elements of the ASCC PoA are in Appendix A. These measures will be translated into more concrete projects and activities in the Vientiane Action Programme (VAP) covering the medium-term period 2004-2010. In general, ASCC activities fall into three categories: (i) nationally-driven initiatives: (ii) regional activities that enhance or complement national initiatives through sharing of experiences, information and knowledge; establishment of regional networks; and joint regional approaches (e.g. the development of regional work programmes); and (iii) regional activities that involved setting up of regional mechanisms or standards. 14. For nationally-driven initiatives, ASEAN Member Countries shall prepare individual action plans for

60
ASEAN Documents Series 2004 ASEAN Documents Series 2004

61

APPENDIX A ASEAN Socio-Cultural Community (ASCC) Plan of Action


Specic Measures I. Building a Community of Caring Societies a) b) Implement an MDG Plus initiative to accelerate poverty reduction in ASEAN; Facilitate universal access to education for vulnerable groups (youth, women, persons with disabilities) to obtain the skills and knowledge necessary for gainful employment and meaningful participation in society; Strengthen educational networks and institutional collaboration to improve standards of, and access to, education; Ensure a better future for children by safeguarding their rights, ensuring their survival and development, and protecting them from abuse, neglect and violence; Create enabling environments to prepare the youth for their future role as ASEAN citizens equipped with the necessary skills in leadership, entrepreneurship, and technical and vocational abilities; Promote the equitable and effective participation of women in all elds both as agents and beneciaries of development; Promote community-based support systems for the elderly to supplement the role of families as primary caregiver and to build the capacity of health care professionals to address the needs of the elderly; Ensure access of persons with disabilities to opportunities and protection against all forms of discrimination; Strengthen social welfare mechanisms to make them more responsive to emerging social issues resulting from globalisation as well as demographic shifts; Strengthen regional mechanisms and networks for combating human trafcking; Ensure a healthy ASEAN Community living in harmony and safe environments; Promote an enabling environment for the prevention of HIV/AIDS and for the comprehensive treatment, care and support for people living with HIV/AIDS in ASEAN; Enhance the effectiveness of regional surveillance, preparedness, early warning, and response to emerging and resurging infectious diseases; Ensure access to safe, quality and affordable medicines by building ASEAN capacity and competitiveness in pharmaceuticals as well o) as traditional medicines/complementary and alternative medicines; Promote an enabling environment that allows ASEAN citizens to make healthy lifestyle choices accessible, affordable and sustainable and consistent with their views, beliefs, and culture in supportive environments; Strengthen food security by enhancing stability in food production and supply and protect the region against uctuations in production of basic commodities; Strengthen food safety systems to ensure the protection of consumers health by increasing the level of credibility and competency of regulatory authorities, and enhancing industry and consumer awareness and participation in food safety; Promote activities related to community-based drug prevention aimed at families, schools and youth through publications, campaigns and training; Strengthen cooperation with the private sector, in creating a science and technology community in the region; Promote applied science and technology in socioeconomic activities to improve social well-being; and Establish efcient and well-functioning regional mechanisms for disaster prevention and management, including a coordinated response action plan in ASEAN and a network of training institutes. Social Impact of Economic

p)

c) d)

q)

provide a minimum uniform coverage for skilled workers in the region; e) Promote sound industrial relations, industrial harmony, high productivity and social practice through tripartite cooperation; f) Secure the benets of trade liberalisation in healthcare services in terms of increased availability and better accessibility to quality and affordable health-related products and services; g) Enhance the competitiveness of ASEAN health and related industries; h) Strengthen regional training on management of innovation and technology, and establish a mechanism for its regional certication and accreditation; and i) Consider the establishment of centres for training and research to support the development of human resources and institutional capacity in regional as well as international cooperation. III. Enhancing Environmental Sustainability a) Effectively address global environmental concerns by building national capacities to address issues and commitments to multilateral environmental agreements through awareness-raising and informed policy choices; b) Effectively manage transboundary haze pollution resulting from land and/or forest res through concerted national efforts and intensied regional action and international cooperation in accordance with the provisions of the ASEAN Agreement on Transboundary Haze Pollution (the Haze Agreement), including the operationalisation of the ASEAN Centre for Transboundary Haze Pollution Control and the ASEAN Haze Fund; c) Promote the sustainable use of ASEANs coastal and marine environment through the implementation of the ASEAN criteria for marine waters, and marine heritage and protected areas; d) Ensure the conservation of ASEANs rich biological diversity through the implementation o the ASEAN Framework Agreement on Access to, and Equitable Sharing of Genetic and Biological Resources (expected to be concluded in 2004); e) Promote the sustainable management of forest resources, which include protection of forests in an ecologically sound and integrated manner by developing and adopting common criteria for sustainable forest management in ASEAN, and eradicating unsustainable practices and related activities; f) Promote the preservation of ASEAN Heritage Parks through coordinated systems of management; g) Promote sustainability of water resources to ensure sufcient water quantity of acceptable quality to meet the needs of ASEAN in terms of health, food

r)

security and environmental sustainability through among others, the promotion of integrated river basin management and awareness promotion; h) Promote environmental education through formal and non-formal education systems, capacity building and networking; i) Promote environmentally-sound technologies in active partnership with the business sector through innovative nancial mechanisms and labelling schemes; j) Promote quality living standards in ASEAN cities/urban areas by achieving standards for environmental pollution reduction, including ensuring good ambient air and water quality, and minimum solid waste disposal; k) Establish parameters for harmonising environmental policies, legislation, regulations, standards and databases, and preparing regular state of the environment reports; and l) Pursue joint research in developing alternative fuels in order to prevent environmental devastation and resource exhaustion. IV. Strengthening the Foundations of Regional Social Cohesion a) Promote ASEAN awareness with the ultimate goal of fostering an ASEAN regional identity by promoting interactions and exchanges among artists, writers, media practitioners, scholars, students, cultural entrepreneurs, professionals, experts in culture and sports and others; b) Promote people-to-people contact, especially among the youth through youth volunteer programmes and youth camps; c) Promote ASEAN languages learning through scholarships and exchange of linguists; d) Coordinate efforts for the documentation, preservation and safeguarding of national and regional treasures and other properties, antiquities, and works of historic, archaeological, anthropological and scientic signicance; e) Enhance ASEAN cooperation in culture and information to formulate and implement effective and efcient programmes in a concerted manner in order to promote the rich and vast cultures of ASEAN; f) Promote condence-building at the national and regional levels by promoting the learning of core values, customs and traditions and integrating multiple perspectives on civilisations through regular dialogue mechanisms; and g) Promote an image of unity, stability and dynamism of ASEAN by strengthening contacts with mass media, the international fora and other channels of communication.

e)

s) t) u)

f) g)

h) i)

II.

Managing the Integration

j) k) l)

m) n)

a) Support the efforts of the ASEAN Economic Community to facilitate the movement of professional and skilled persons, including mutual skills recognition arrangements for qualication in professional services to realise regional economic integration in ASEAN; b) Develop a well-prepared labour force in ASEAN that would benet from and cope with the challenges of regional economic integration; c) Establish a technologically competitive ASEAN, competent in strategic and enabling technologies, with an adequate pool of technically trained manpower, strong networks of scientic and technical institutions and centres of excellence; d) Strengthen systems of social protection at the national level and work towards adoption of appropriate measures at the regional level to

62
ASEAN Documents Series 2004 ASEAN Documents Series 2004

63

Plan of Action to Implement the Joint Declaration on ASEAN-China Strategic Partnership for Peace and Prosperity
Vientiane, Laos, 29 November 2004
Pursuant to the Joint Declaration of the Heads of State/ Government of the Association of South East Asian Nations and the Peoples Republic of China on Strategic Partnership for Peace and Prosperity signed at the Seventh ASEAN-China Summit on 8 October 2003 in Bali, Indonesia, this Plan of Action is formulated to serve as the master plan to deepen and broaden ASEAN-China relations and cooperation in a comprehensive and mutually benecial manner for the next ve years (2005-2010) with the view to strengthening the strategic partnership for regional peace, development and prosperity and playing a proactive role to tap the opportunities and meet the challenges of the new millennium. This Plan of Action will also support the implementation of the Declaration of ASEAN Concord II, signed in Bali on 7 October 2003, leading to an ASEAN Community. In the light of the above, ASEAN and China will pursue the following joint actions and measures: 1. 1.1 1.1.1 Political and Security Cooperation Regular High-level Contacts, Visits and Interactions Increase regular high-level bilateral visits and interactions, improve contacts and communications, and promote dialogue on ASEAN-China cooperation and regional and international topics of common interests and concerns, among others, through strengthening existing mechanisms, establishing hotline for communications, using electronic mail for dissemination of information and correspondence, and holding informal meetings to exchange views on various issues. Mechanisms for Dialogue and Cooperation Strengthen the role of the ASEAN-China Senior Ofcials Consultation (SOC) in assisting the ASEAN-China Summit and the ASEAN-China Ministerial Meeting in providing guidance and strategic direction to further enhance ASEANChina dialogue relations and cooperation; 1.4 1.4.1 1.2.5 1.2.2 Enhance the role of the ASEAN-China Joint Cooperation Committee Meeting (JCC), ASEAN-China Working Group on Development Cooperation, and the Senior Economic OfcialsMinistry of Commerce of China (SEOM-MOFCOM) Consultations in monitoring, coordinating, and reviewing ASEAN-China dialogue relations, including development cooperation; Improve coordination and communication among existing ASEAN-China mechanisms at various levels and sectors, including foreign affairs, economics, transport, customs, youth, and prosecutors-general to ensure timely and effective implementation of decisions and initiatives taken at the ASEAN-China Summit and other related ministerial and senior ofcials meetings; Explore, if and when necessary and based on mutual consensus, the need for additional mechanisms at appropriate levels in other areas of cooperation such as agriculture, public health, information technology, tourism, environment, quality supervision inspection and quarantine cooperation, public security and law enforcement cooperation; and Facilitate dialogue, exchanges and cooperation between defence ofcials of China and ASEAN Member Countries, where appropriate. Treaty of Amity and Cooperation in Southeast Asia Continue to promote the role of the Treaty of Amity and Cooperation in Southeast Asia as a code of conduct for inter-state relations in Southeast Asia; and Cooperate to urge other ASEAN Dialogue Partners to accede to the Treaty so as to enhance regional peace and security, prosperity, and mutual condence and trust. Protocol to the Treaty on the Southeast Asia Nuclear Weapon-Free Zone China supports ASEANs efforts towards realising a Southeast Asia Nuclear- Weapon Free Zone (SEANWFZ) and reafrms its readiness to sign

1.4.2 1.5 1.5.1

the Protocol to the SEANWFZ Treaty at an early opportunity; and Cooperate in encouraging all the Nuclear Weapon States to sign the Protocol. Declaration on the Conduct of Parties in the South China Sea Implement in an effective way the Declaration on the Conduct of Parties (DoC) in the South China Sea to maintain regional stability and promote cooperation in the South China Sea; Convene regular ASEAN-China Senior Ofcials Meeting (SOM) on the realisation of the DoC to provide guidance for and review the implementation of the DoC; Establish a working group to draw up the guidelines for the implementation of the DoC and to provide recommendations to the ASEAN-China SOM on policy and implementation issues; Promote joint cooperation and dialogue in areas such as marine scientic research, protection of the marine environment, safety of navigation and communication at sea, search and rescue operation, humane treatment of all persons in danger or distress, ght against transnational crimes as well as cooperation among military ofcials; Promote trust and condence building through cooperative activities, in accordance with the principles of the DoC, in particular, those of consultations and consensus among the concerned Parties in the South China Sea, pending the peaceful settlement of the territorial and jurisdictional issues as stated in the DoC; Afrm the vision of the DoC state parties to work, on the basis of consensus, on the eventual adoption of a code of conduct in the South China Sea; and Adhere to the terminologies used in the UN Convention on the Law of the Sea and other instruments of the International Maritime Organisation. Cooperation in the Field of Non-traditional Security Implement measures and activities agreed upon under the Joint Declaration of ASEAN and China Cooperation in the Field of Non-traditional Security Issues signed on 4 November 2002 in Phnom Penh and the ASEAN-China Memorandum of Understanding (MoU) on Cooperation in the Field of Non-traditional Security Issues signed on 10 January 2004 in Bangkok; Jointly develop the 2005 Work Plan and subsequent annual work plans to implement the ASEAN-China MoU on Cooperation in the Field of Non-Traditional

1.6.3

1.5.2

1.6.4 1.6.5

1.5.3

1.2.3

1.5.4

1.6.6

1.2.4

1.5.5

1.6.7 1.6.8 1.6.9

1.5.6

1.5.7

1.3 1.3.1

1.6 1.6.1

Security Issues focusing on substantive activities and projects of mutual interests; Enhance cooperation in the ght against transnational crimes through existing mechanisms such as the ASEAN Senior Ofcials Meeting on Transnational Crime and China Consultation, ASEAN-China Cooperative Operations in Response to Dangerous Drugs (ACCORD), ASEAN Plus Three Ministerial Meeting on Transnational Crime and the ASEAN Plus Three Senior Ofcials Meeting on Transnational Crime; Promote contacts and cooperation between law enforcement agencies and prosecution bodies on criminal justice and relevant legal systems; Increase personnel exchanges, training programmes and seminars to share best practices and experiences on procedures and law enforcement for concluding bilateral and multilateral agreements on counter-terrorism, illicit drug trafcking, trafcking in persons, illegal migration, sea piracy, and international economic crimes, and to enhance competence in criminal technology, forensic sciences, immigration, road transport management, and investigation into cyber crimes; Explore cooperation, where appropriate and in accordance with their national law, in intelligencesharing, investigation and evidence-collection, arresting and escorting criminal suspects and retrieving stolen goods or money; Promote Alternative Development (AD) as an effective means to prevent and eliminate illicit drugs; Support joint research between experts and scholars in the eld of non-traditional security issues; and Initiate and support development projects that aim at eradicating poverty and socio-economic disparity and injustices as well as promoting the elevation of standard of living, in particular, of underprivileged groups and people in underdeveloped areas; as transnational crime and terrorism cannot be successfully eliminated without identifying, addressing and eradicating the root causes in order to prevent new recruits to criminal syndicates and terrorist entities. Military Exchanges and Cooperation Promote mutual condence and trust in defence and military elds with a view to maintaining peace and stability in the region; Conduct dialogues, consultations and seminars on security and defence issues; Strengthen cooperation on military personnel training; Consider observing each others military exercises and explore the possibility of conducting bilateral or multilateral joint military exercises; and

1.7 1.7.1 1.7.2 1.7.3 1.7.4

1.3.2

1.2 1.2.1

1.6.2

64
ASEAN Documents Series 2004 ASEAN Documents Series 2004

65

1.7.5

Explore and enhance cooperation in the eld of peacekeeping. Economic Cooperation ASEAN-China Free Trade Area Expedite the implementation of the ASEANChina Framework Agreement on Comprehensive Economic Cooperation to liberalise and promote trade in goods and services and create a transparent, liberal and facilitative investment regime; Full obligations and commitments under the Early Harvest Programme and the ASEAN-China Trade in Goods Agreement and expedite negotiations on Trade in Services and Investment; Enhance trade, investment and economic cooperation as well as upgrade technical cooperation; Establish channels of communication with all the stake holders, such as government ofcials, chamber of commerce and industry, research institutions, think-tanks, etc., for the successful implementation of the Framework Agreement on ASEAN-China Comprehensive Economic Cooperation; and Strengthen the economic and technical cooperation in the areas of agriculture, information and communication technology, human resource development, investment, Mekong River basin development, Brunei-Indonesia-MalaysiaPhilippines East ASEAN Growth Area (BIMPEAGA), and other areas of mutual interest so as to reach the goal of common development and prosperity of China and ASEAN. Investment Cooperation Promote mutual investments by increasing exchanges and mutual understanding among investment authorities, including the private sectors in ASEAN Member Countries and China; Promote networking and cooperation among governments, business associations, academic institutions and corporations, among others, through promotion fairs on investment policies in China and ASEAN Member Countries and by holding regular ASEAN-China Exposition in Nanning, China, and if or when appropriate in ASEAN; Promote mutual understanding and cooperation among enterprises in ASEAN Member Countries and China, among others, through the chambers of commerce, the ASEAN-China Business and Investment Summit and the ASEAN-China Business Council;

2.2.4

2. 2.1 2.1.1

2.2.5

Encourage enterprises in China to make ASEAN a priority investment destination and vice versa, and create a more conducive and attractive climate for the ow of such investments; and Strengthen the law enforcement and regulations so as to provide favourable conditions for investments. Financial Cooperation Strengthen economic review and policy dialogue through the ASEAN Plus Three framework, including the development of early warning system and monitoring of short-term capital ows; Promote closer financial cooperation and greater nancial stability in ASEAN Plus Three countries; Promote dialogues on macro-economic and nancial policies in appropriate fora; Enhance the effectiveness of the Chiang Mai Initiative; Develop and deepen regional bond markets; Promote regional nancial and monetary integration; Strengthen human resource development and capacity building in banking and nancial sectors, particularly under the ASEAN Plus Three cooperation; and Enhance cooperation and technical assistance to develop ASEAN-China capital markets. Agricultural Cooperation Continue implementing the MoU between the ASEAN Secretariat and the Ministry of Agriculture of the Peoples Republic of China signed on 2 November 2002 in Phnom Penh; Enhance cooperation on human resources development through training courses, including on agricultural techniques and management; Establish technology demonstration farms, including the establishment of technology demonstration zones; Undertake hi-tech exchanges and promote cooperation in various key areas of mutual interest such as hybrid rice and corn, horticultural plants cultivation, bio-technology application, fertiliser, water management, post harvest technology, food security, aquaculture, livestock breeding, organic farming and marsh gas application in the rural areas; Support economic and trade cooperation through training, seminars, exhibitions, shows and project demonstrations to promote the trade of farm tools, processing machinery and techniques and equipment, agricultural production materials, grains and improved species;

2.4.6

2.4.7 2.4.8

2.3 2.3.1

2.4.9 2.4.10 2.4.11 2.4.12 2.4.13 2.5 2.5.1

2.1.2

2.3.2 2.3.3 2.3.4 2.3.5 2.3.6 2.3.7

2.1.3 2.1.4

Enhance technical exchanges and cooperation among agricultural experts and agriculturerelated enterprises for study, observation, and training in agriculture, sheries and agriculturerelated elds; Improve agricultural productivity and diversication; Promote Greater Mekong Sub-region (GMS) agricultural exchanges and development among GMS Member Countries, in cooperation with the Asian Development Bank (ADB); Enhance trade and marketability of food, agriculture and forestry products / commodities between ASEAN and China; Enhance cooperation to adopt joint approaches, where appropriate, in international and regional issues pertaining to agriculture; Promote sustainable management of forest resources through enhancing dialogue and cooperation; Harmonise related protocols on food safety and organise a network of food laboratories in ASEAN and China; and Build the capacity of farmers and farming community in ICT in ASEAN and China. ICT Cooperation Expedite the implementation of the MoU between ASEAN and China on Cooperation in Information and Communications Technology signed in October 2003 in Bali, Indonesia; Promote the establishment and development of ASEAN-China broadband high-speed optical bre network and information ow and the application of new technology in the region; Promote HRD cooperation through various training courses, seminars, workshops as well as exchange of visits among ICT experts; Establish the ASEAN-China ICT cooperation website; Explore the possibility of convening ASEANChina ICT Ministers Meeting to foster ICT policy dialogues and cooperation; Convene ASEAN-China ICT Week on a regular basis to promote ICT cooperation; Formulate cooperative and emergency response procedures for purposes of maintaining and enhancing cybersecurity, and preventing and combating cybercrime; and Strengthen cooperation in research and development and transfer of technology. Transport Cooperation Conclude MoU between ASEAN-China on Transport Cooperation and implement the measures and activities contained in the MoU;

2.6.2

2.6.3 2.6.4

2.6.5 2.6.6

Formalise a consultation mechanism for maritime transport cooperation under the ASEANChina Transport Ministers Meeting in close coordination with other related ASEAN fora and carry out mutually benecial projects in such areas as maritime safety and security, search and rescue at sea, marine environmental protection against pollution from ships, ship ballast water management, port state control and international shipping; Work towards developing and signing a ASEANChina regional maritime transport cooperation framework agreement; Support the development of the Asian Highway Network by taking measures such as establishing routes databases, harmonising technical standards of infrastructure and facilities and facilitating international land transport; Complete Kunming-Bangkok highway by the end of 2007; and Strengthen capacity building in port management, navigation channel technology, transportation infrastructure design and construction and other areas of common interest in the transport sector. Tourism Cooperation Explore the possibility of establishing a highlevel cooperation mechanism between relevant tourism authorities; Promote better understanding of each others tourism industry, policies, laws and regulations, among others, through workshops, exhibitions, and shows; Promote and strengthen tourism information exchange and cooperation on regulating tourism markets among national tourism organisations covering areas such as tourism products, policies, laws and regulations; Encourage ows of tourists and attract more foreign visitors through joint promotion campaigns; Promote networking and training programmes among ASEAN and China tourism schools and colleges; Jointly formulate tourism development plans incorporating joint promotion, marketing, investment and human resource development; Support the organisation and implementation of ASEAN tourism investment road shows and seminars; Encourage each other participation in International Tourism Fair in China and the annual ASEAN Tourism Forum; Enhance cooperation on rectifying tourism business operators and standardising outbound travels and border tours; and

2.7 2.7.1 2.7.2

2.1.5

2.3.8 2.4 2.4.1

2.5.2

2.5.3 2.5.4 2.5.5 2.5.6 2.5.7

2.7.3

2.2 2.2.1

2.4.2 2.4.3 2.4.4

2.7.4 2.7.5 2.7.6 2.7.7 2.7.8 2.7.9

2.2.2

2.5.8 2.6 2.6.1

2.2.3

2.4.5

66
ASEAN Documents Series 2004 ASEAN Documents Series 2004

67

2.7.10

Encourage participation in the capacity-building activities provided by the World Tourism Organisation (WTO). Energy Cooperation Explore the possibility of establishing a highlevel cooperation mechanism between relevant energy authorities; Strengthen policy exchanges and communication with a view to promoting greater openness, transparency, and cooperation in energy security and sustainable energy development activities; Enhance cooperation in the development and production of renewable energy, energy efciency and conservation, clean coal technology and energy policy and planning, as well as in the establishment of institutional linkages for developing other programs of cooperation; Strengthen energy cooperation and encourage greater private-sector participation and investment in joint energy resource exploration and development; Cooperate in the promotion of energy conservation and the development of clean and efcient energy resources in efforts to diversify sources of primary energy supply while preserving a balance between energy production, consumption and environmental protection; Establish a sound and commercially viable regional energy transportation network through mutually benecial activities and investments including the exploration and production of oil and natural gas, development of gas pipeline and transport infrastructure, and other supply facilities; and Encourage exchange of information on energy pricing and market stabilising initiatives to better manage the risks of international oil market volatility, on voluntary basis Mekong River Basin Development Cooperation Strengthen cooperation under the framework of the Greater Mekong Sub-region (GMS) and ASEAN-Mekong Basin Development Cooperation (AMBDC); and Develop the Singapore-Kunming Rail Link. Transportation Build railways and roads from Kunming to Yangon and Myitikyina; Improve the roads from Chinas Yunnan province to Viet Nam and the railway links between China and Viet Nam; Carry out possibility study of building railway links from China to Laos and Myanmar;

2.9.1.1.4

2.8 2.8.1 2.8.2

2.9.1.1.5

2.8.3

2.9.1.1.6 2.9.1.1.7

2.8.4

Consider implementing measures to improve navigational safety on the Lancang-Mekong River in a sustainable manner through consultations among the riparian countries, while undertaking to preserve the environment and unique way of life of the people who live along the river; Consider the further expansion of the Environmental Impact Assessment of the navigation channel improvement project on the upper Mekong River, and share information with the lower Basin countries; Consider the possibility to open more aviation routes in the sub-region at an appropriate time; and Carry out preliminary study on the missing rail link between Phnom Penh and Loc Ninh, the missing section in Cambodia which is part of the Singapore-Kunming Rail Link. ICT Promote international cooperation in terms of investment and human resources development on ICT; and Explore the possibility of establishing a GMS information highway. Trade

2.9.1.6 2.9.1.6.1

Environmental Protection Enhance cooperation on the protection of bio-diversity in the sub-region and explore the possibility of establishing a bio-diversity corridor; Promote forestation in Lancang-Mekong River basin and Honghe River basin to bring soil erosion under control; Work towards managing and monitoring water quality of Mekong river; Establish nature reserves to protect rare species, among others, through the mechanism of the relevant environmental instruments, such as the ASEAN Agreement on Transboundary Haze Pollution and the ASEAN Declaration on Heritage Parks; Continue to protect the environment and promote sustainable use including the equitable access and benet sharing of the sub-regions shared natural resources and their biodiversity; Promote exchange of information and strengthen cooperation concerning the use of water in the Lancang-Mekong River, with a view to achieve sustainable development of all riparian countries; and Promote cooperative activities to address global warming. Public Health Establish an integrated prevention and control system for communicable and non-communicable diseases; Promote Alternative Development (AD) to check drug production and distribution; and Strengthen cooperation to prevent production and spread of counterfeit drugs. Other Sub-regional Initiatives Support other sub-regional development initiatives and welcome Ayeyawady-Chao Phraya-Mekong Economic Cooperation Strategy (ACMECS) as further means to narrow the development gap. Initiative for ASEAN Integration China will intensify support for the ASEANs integration efforts by implementing Initiative for ASEAN Integration (IAI) projects and providing technical assistance for projects developed to implement the Vientiane Action Programme (VAP) and other related ASEAN action programmes, including human resource development and capacity building for the least developing countries (LDC) of ASEAN and pockets of underdevelopment in the ASEAN-6 countries; and

2.10.2

China will support ASEANs efforts to narrowing the development gaps within ASEAN and between ASEAN and China by enhancing regional and sub-regional development. Brunei-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA) Explore the possibility of establishing a regular dialogue between BIMP-EAGA Secretariat and China; Strengthen cooperation in the priority sectors identied for BIMP-EAGA development, namely SMEs, agriculture, transport, infrastructure and ICT, natural resources, and tourism; Cooperate in resource development through direct investment, project-contracting and technologysharing; Increase dialogue between the East Asian Business Council (EABC) and relevant associations in China (i.e., China Council for the Promotion of International Trade, its quasi-government business chamber), apart from government-togovernment dialogue, to strengthen coordination and synergise links among the private sectors of China and EAGA; Promote and support the efforts of the BIMPEAGA and the East Asian Business Council to expand mutual trade and investments between BIMP-EAGA and China; and Provide opportunities for possible technical and capital assistance for BIMP-EAGA programs and projects. SMEs Cooperation Explore the possibility of establishing a SMEs Joint Committee to discuss issues and promote cooperation related to SMEs; Jointly identify possible areas of cooperation, including promotion of business collaboration, investment and nance, and marketing development, capacity building for SMEs, business matching, and exchange of information on SMEs policies and best practices through seminars, workshops, networking, research and development for SMEs, and promotion of industrial clustering between SMEs of both sides; and Promote programmes for enhancing ASEAN Small and Medium Enterprise and Industries capacity, technology, nancing, business opportunities and market access. Industrial Cooperation Strengthen cooperation in HRD and exchange of experience in the formulation of plans and models of local industries.

2.9.1.6.2 2.9.1.6.3 2.9.1.6.4

2.11 2.11.1 2.11.2

2.11.3 2.11.4

2.9.1.6.5

2.9.1.2 2.9.1.2.1 2.9.1.2.2 2.9.1.3 2.9.1.3.1

2.9.1.6.6

2.8.5

2.9.1.6.7 2.9.1.7 2.9.1.7.1 2.9.1.7.2 2.9.1.7.3 2.9.2 2.9.2.1

2.11.5

2.8.6

2.8.7

Launch the experimental project of one stop inspection under the Agreement for Facilitation of Cross Border Movement of Goods and People between and among GMS Countries whose modalities are subject to consultation and consensus among countries concerned so as to facilitate trade; and 2.9.1.3.2 Explore the possibility study of setting up commodity markets in major border cities and other distribution centres in ASEAN and China. 2.9.1.4 2.9.1.4.1 Tourism Explore the possibility of establishing a regional tourism corridor with a view to making tourism a key industry in the region. Electrication Implement the GMS Inter-Governmental Agreement on Regional Power Trade (IGA) and speed up the formulation of Sub-region Power Trade Operating Agreement (PTOA); Promote GMS transnational electric power networking conducive to environmental and social well-being; and Enhance cooperation on rural electrication.

2.11.6

2.12 2.12.1 2.12.2

2.9 2.9.1

2.10 2.10.1

2.9.2 2.9.1.1 2.9.1.1.1 2.9.1.1.2 2.9.1.1.3

2.9.1.5 2.9.1.5.1

2.12.3

2.9.1.5.2 2.9.1.5.3

2.13 2.13.1

68
ASEAN Documents Series 2004 ASEAN Documents Series 2004

69

3. 3.1 3.1.1

FUNCTIONAL COOPERATION Public Health Cooperation Establish regional epidemiological and laboratory networks based on existing national and regional institutions and designate key epidemiological centres and laboratories for disease monitoring to ensure effective and efcient disease surveillance and response; Enhance regional, and inter-regional cooperation in order to jointly control and prevent communicable and non-communicable diseases; Establish mechanisms on early notication, control and monitoring of infectious and emerging diseases such as, but not limited to, SARS, avian u, plague, cholera and HIV/AIDS; Strengthen technology exchanges and training activities and health human resources development through seminars and the establishment of training bases; Exchange experts, knowledge and best practices for the establishment of communicable diseases monitoring systems; Consider the establishment of a cooperation mechanism on health quarantine; Establish joint testing and control mechanism for the prevention of transnational transport of bioterrorist factors as well as nuclear and radioactive materials for non-peaceful activities; Enhance regional, inter-regional cooperation to jointly resolve and prevent immediate public health problems and other infectious diseases; Exchange experts for promotion and development of traditional and alternative medicines; and Promote exchange of information in incorporating traditional medicine/ complimentary and alternative medicine (TM/CAM) into national healthcare system. Science and Technology Cooperation Strengthen cooperation in implementing HRD and joint research and development activities in the areas identied by the ASEAN-China Joint Science and Technology Committee (JSTC), including biotechnology, remote sensing, seismology, food, marine science, nonconventional energy and materials science and technology, and other new areas which are mutually benecial; Implement joint scientic research and technology development activities among research institutions in ASEAN and China in the areas identied by the JSTC; Organise various scientic workshops and seminars in China, specically for CLMV 3.2.4 3.2.5 3.2.6 3.3 3.3.1

3.1.2 3.1.3

countries or other ASEAN countries, which are technologically less developed on applicable technologies; Strengthen cooperation among technologyoriented SMEs of ASEAN and China; Organise exhibition on technological innovation by China-ASEAN SMEs during China-ASEAN Expo; and Explore cooperation in space technology applications and meteorology. Education Cooperation Continue to implement the ASEAN-China Academic Cooperation and Exchange Programme between ASEAN University Network (AUN) and Chinese Ministry of Education (CME); Carry out joint research and training and exchange outstanding professors, teachers and students with the ASEAN University Network (AUN) as the platform; Promote teaching of each others language in China and ASEAN Member Countries and encourage more students to study in each others universities; Encourage and support inter-collegiate exchanges and cooperation; Promote mutual recognition of academic degrees among interested universities in ASEAN and China; Facilitate the establishment of a directly linked university website between China Education and Research Network (CERNET) and AUN; Consider establishing a civil servant training and exchange mechanism between China and ASEAN countries, including diplomats training; Continue to provide additional scholarships for short and long-terms to ASEAN Member Countries, especially to the less developing countries; Encourage participation in educational exhibition or road shows between ASEAN and China universities to create awareness and disseminate information about the universities in the respective countries; and Facilitate visa procedure for Chinese students and faculties who travel to ASEAN Member Countries for academic purposes and vice versa. Culture Cooperation Expedite the formulating of implementation plans after the signing of the ASEAN-China MOU on Cultural Cooperation; Conduct active exchanges and cooperation in literature, the performing arts, visual arts, art education and cultural industry;

3.4.3

3.4.4

3.4.5 3.4.6 3.4.7 3.4.8 3.4.9

3.1.4

3.3.2

3.1.5 3.1.6 3.1.7

3.3.3

Encourage and support cooperation between departments of historical relics, archaeology and cultural heritage preservation, museums, archives, libraries, and cultural institutes; Strengthen coordination and communication between and among cultural departments of national governments and encourage nongovernmental cultural and art groups to engage in multilateral cultural exchanges; Step up cooperation to explore market for cultural products and vigorously develop cultural industry; Support each other on hosting high-prole cultural and art events; Jointly preserve and promote national traditional festivals; Encourage and support sports exchanges and cooperation; and Promote socio-culture cooperation by commencing the development of SMCE and sharing experiences in the eld of socio-culture on theme One Village One product and in the eld of Development of Cultural Mapping. Labour and Social Security Cooperation Exchange information, through seminars or workshops, on labour market promotion with a view to formulating policies and regulations on labour ow in the future; Exchange information and share experiences on labour laws and regulations with a view to promoting and enhancing the labour standards and the well-being of workers from ASEAN and China; Strengthen exchanges and cooperation in human resources development with Chinas assistance to ASEAN for training courses, study-tours and seminars; and Strengthen cooperation in the development of social security systems with Chinas support in providing professional training for social insurance personnel from ASEAN Member Countries. Human Resources Development (HRD) Cooperation Continue the promotion of HRD cooperation through the implementation of HRD programmes beneting participants from both sides; Strengthen HRD cooperation in the ve priority areas under the ASEAN-China cooperation and other new and emerging areas of cooperation in ASEAN, among others, through training courses, study tours and seminars; and Encourage private sector participation in the human resource development process.

3.7 3.7.1 3.7.1.1 3.7.1.2

Local Government Cooperation and People-toPeople Exchanges Exchanges Between Local Governments Facilitate provinces/cities to become sister provinces/cities and to encourage governors and mayors to conduct dialogue and exchanges; Hold experience-sharing meetings and seminars for local governments in urban planning, administration and external cooperation through, among others, the ASEAN Environmentally Sustainable Cities Programme; and Support local governments participation in the multilateral cooperation activities. Non-governmental Exchanges and People-toPeople Interaction Explore the possibility of establishing exchanges and cooperation through the China-ASEAN Association and other non-governmental friendship institutions in various elds. Youth Exchanges Exchange volunteers in medical service and language teaching; Continue the Lancang-Mekong River Youth Friendship Voyage; Explore the possibility of establishing a ASEANChina Young Entrepreneurs Forum; Organise activities, such as ASEAN-China Youth Festival of Culture and Arts and ASEAN-China Youth Leadership Exchange Programme and support other cultural immersion programmes, including the existing annual ASEAN Youth Camps, and other activities for young leaders, outstanding youths and future leaders; Establish link between the Youth ASEAN and All China Youth Federation websites; Implement ASEAN-China Exchange Programmes for Young Managers and Entrepreneurs; Consider organising annually ASEAN-China Young Leaders Forum to address topics such as economy, trade, human resource development, information and communication technology, education, environmental protection, agriculture and volunteers services; and Consider holding ASEAN Young Leaders Advanced Study class on a regular basis starting from September 2005 at the Guangxi International Young Exchange Institute of China. Environmental Cooperation Strengthen existing ministerial and senior ofcials consultations (ASEAN Plus Three Environment

3.7.1.3 3.7.2 3.7.2.1

3.3.4 3.3.5 3.3.6 3.3.7 3.3.8

3.5 3.5.1

3.7.3 3.7.3.1 3.7.3.2 3.7.3.3 3.7.3.4

3.1.8

3.5.2

3.1.9 3.1.10

3.5.3

3.2 3.2.1

3.3.9

3.5.4

3.7.3.5 3.7.3.6 3.7.3.7

3.3.10

3.6 3.6.1 3.6.2

3.7.3.8

3.4 3.4.1 3.4.2

3.2.2

3.8 3.8.1

3.2.3

3.6.3

70
ASEAN Documents Series 2004 ASEAN Documents Series 2004

71

3.8.2

3.8.3 3.8.4 3.8.5 3.9 3.9.1

Ministerial Meetings and ASEAN Plus Three Senior Ofcials Meetings on the Environment) to implement identied-priority and potential areas of cooperation; Convene, if necessary, a ASEAN-China Ministerial Meeting on Environment for policy dialogue, and establish a ASEAN-China joint committee for environmental protection to formulate work plans; Strengthen cooperation in the ten agreed priority areas of cooperation under the ASEAN Plus Three cooperation; Promote exchanges and cooperation between non-governmental environmental organisations and the general public; and Explore the establishment of an ASEAN-China Environment Information Network. Media Cooperation Explore the possibility of setting up a press ofcials dialogue mechanism for communication and exchange on news reporting and media policies; Continue to implement the ASEAN-China Seminar on Mass Media Cooperation and share the experience of the development of media industry as well as promote media cooperation; Co-host lm and TV festivals in ASEAN and China; Promote mutual visits and exchanges of journalists and strengthen cooperation in news reporting, press interviews and production of TV programmes; Cooperate in making lms and production of TV programmes, and promote exchanges of programmes; Facilitate market access of audio-visual products through dialogue and consultations; Undertake personnel training for the technicians and professionals in the TV and broadcasting sectors of ASEAN countries; Advance and reinforce a positive international image of ASEAN and China relations supportive of the interests, policies, programmes and goals of both ASEAN and China through responsible news reporting; and Establish a workshop on Enhancing ASEANChina Cooperation through Information and Media. Cooperation in International and Regional Fora East Asia Cooperation Strengthen East Asia cooperation by implementing the short-term, and medium and long-term

4.1.2

4.1.3 4.1.4

measures of the East Asia Study Group (EASG) and enhancing functional cooperation in the various agreed sectors within the ASEAN Plus Three framework; Carry out a joint study on the establishment of an East Asian community and the feasibility of an East Asia Free Trade Area within the ASEAN Plus Three framework; Strengthen coordination and cooperation between ASEAN and China to further the ASEAN Plus Three process; and Cooperate in promoting the interests and addressing the challenges facing ASEAN Plus Three Countries and East Asia through fora such as the ASEAN Plus Three Summit, East Asia Forum, Network of East Asia Think Tanks, and other related meetings, including the proposed East Asia Summit. Inter-regional Cooperation Maintain close coordination and cooperation in the ARF and promote its healthy development. China supports ASEAN as the major driving force in ARF and its efforts to advance the ARF process at a pace comfortable to all; Promote the ACD process through cooperation on energy, agriculture, nance as well as other elds; Promote coordination and cooperation in fora such as APEC and the Asia-Europe Meeting; and Promote South-South cooperation through mechanisms such as Forum of East Asia and Latin America Cooperation (FEALAC) and AsiaAfrica Sub-Regional Organisation Conference (AASROC). Cooperation in the UN Strengthen dialogue and cooperation on issues of mutual interest, such as UN reforms, counterterrorism, development and other issues; and Enhance closer coordination and hold regular meetings between the Permanent Representatives of ASEAN Member Countries and China in the UN. Cooperation within the World Trade Organisation (WTO) Make efforts to push for the completion of the negotiations on the Doha Development Agenda (DDA) with a view to achieving a well balanced and equitable outcome as stipulated in the July 2004 package; Make the existing Special and Differential Treatment (S&D) as well as Less-than-FullReciprocity principle more precise, effective and

4.4.3 4.4.4

4.4.5 4.4.6

operational to provide opportunity for developing members to participate more actively and enable them to derive benet from trade liberalisation; Support and work towards expanding technical assistance and help on capacity-building for developing countries; Strengthen cooperation in the multilateral trading system, especially the WTO, to make it more responsive to the priorities of the developing countries; Effectively address particular concerns of developing and less developed members through specic exibility provision; and Support the accession of Laos and Viet Nam to the WTO at the earliest possible time. FUNDING The activities mentioned in this Plan of Action will mainly be funded by ASEAN-China Cooperation Fund (ACCF) while cooperation in public health will be funded by the ASEAN-China Public Health Cooperation Fund. Where possible, physical infrastructure and related projects will be supported by the Government of China to the best of its capacity, and where feasible, by the Governments of ASEAN Member Countries. The Chinese Government will contribute US$ 5 million to the ACCF for ve years (2005-2010) to implement the various activities and projects under this Plan of Action. If necessary, China will consider replenishing the ACCF to ensure smooth implementation of activities and projects under this Plan; ASEAN and China will encourage international nancial institutions/ agencies, development partners and their respective private sectors to participate in the implementation of major projects of interest to them under this Plan of Action; and

5.4

ASEAN and China will continue to strengthen existing funding mechanisms and look into providing requisite resources in accordance with their respective capacities as well as explore effective and innovative resource mobilisation strategies for mobilising resources for the effective implementation of this Plan. INSTITUTIONAL ARRANGEMENTS Concerned sectoral bodies in ASEAN and agencies in China will jointly draw up specic work programmes/projects to implement the various actions and measures outlined in this Plan of Action with the assistance of the ASEAN Secretariat. Experts from ASEAN and China could be invited, on a case-by-case basis, to develop specic work programmes and project proposals; China will provide technical support to the ASEAN Secretariat in coordinating and implementing this Plan; Regular review of this Plan will be conducted through existing mechanisms, such as the ASEAN-China Ministerial Meeting, ASEANChina SOC, ASEAN-China JCC, SEOM-MOFCOM Consultations, ASEAN-China Working Group on Development Cooperation to ensure the Plan remains relevant to the needs and priorities of the ASEAN-China dialogue relations and to incorporate new and urgent areas of cooperation given the dynamic regional and international environment; and Upon completion of this Plan, the ASEAN-China JCC with the assistance of the SEOM-MOFCOM Consultations and under the supervision of the ASEAN-China SOC will prepare a new ve-year Plan of Action for the consideration and adoption of the ASEAN-China Summit through the ASEANChina Ministerial Meeting.

6. 6.1

5. 5.1

4.2 4.2.1

6.2 6.3

3.9.2

4.2.2 4.2.3 4.2.4

3.9.3 3.9.4

5.2

3.9.5 3.9.6 3.9.7 3.9.8

5.3

6.4

4.3 4.3.1 4.3.2

3.9.9

4.4 4.4.1

4. 4.1 4.1.1

4.4.2

72
ASEAN Documents Series 2004 ASEAN Documents Series 2004

73

ASEAN Framework Agreement for the Integration of Priority Sectors


Vientiane, Laos, 29 November 2004
WE, the Heads of Government/State of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic (hereinafter referred to as Lao PDR), Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of South East Asian Nations (hereinafter collectively referred to as ASEAN or Member States or singularly as Member State); RECALLING the Declaration of ASEAN Concord II (Bali Concord II) adopted during the 9th ASEAN Summit in Bali, Indonesia on 7 October 2003, pursuant to which ASEAN is committed to deepen and broaden its internal economic integration and linkages, with the participation of the private sector, to realise an ASEAN Economic Community; REAFFIRMING that the ASEAN Economic Community shall be the end-goal of ASEAN economic integration as outlined in the ASEAN Vision 2020; REITERATING that the ASEAN Economic Community will result in ASEAN becoming a single market and production base, turning the diversity that characterises the region into opportunities and business complementation to make ASEAN a more dynamic and stronger segment of the global supply chain and the world economy; DESIRING to combine the economic strengths of Member States in key strategic sectors for regional cohesiveness and enhanced global competitiveness by accelerating the integration of the eleven priority sectors in the Bali Concord II and such other sectors as may be agreed upon as necessary, HAVE AGREED AS FOLLOWS: PART I OBJECTIVE, DEFINITION AND APPLICATION Article I Objective The objective of this ASEAN Framework Agreement for the Integration of Priority Sectors (hereinafter referred to as the Framework Agreement) is to identify measures to be implemented, with clear timelines, in a mutually benecial manner, by Member States in respect of the priority sectors identied in paragraph 1 of Article 2 of this Framework Agreement so as to enable the progressive, expeditious and systematic integration of these sectors in ASEAN. Article 2 Denition For the purposes of this Framework Agreement: 1. priority sectors means: (a) the 11 sectors listed below: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) agro based products; air travel; automotives; e-ASEAN; electronics; fisheries; healthcare; rubber-based products; textiles and apparels; tourism; wood-based products; and

PART II LIBERALISATION Article 4 Trade in Goods 1. Member States shall eliminate all Common Effective Preferential Tariff for the ASEAN Free Trade Area (CEPTAFTA) tariffs in relation to products (other than those in the sensitive, highly sensitive and general exception lists) covered by the individual ASEAN Sectoral Integration Protocols, except those listed in accompanying negative lists to the Protocols, which in total for each Member State shall not exceed 15% of the total product list appearing as Annex XII to this Framework Agreement, by: (a) 1 January 2007 for ASEAN-6; and (b) 1 January 2012 for CLMV 2. Member States shall implement the following actions in relation to non-tariff measures (hereinafter referred to as NTMs) to ensure transparency, in accordance with the timelines indicated: (a) establish the database of ASEAN NTMs by 30 June 2004; (b) establish criteria to identify NTMs that are barriers to trade by 30 June 2005; and (c) establish a denitive work programme for the removal of NTMs that are barriers to trade by 31 December 2005. 3. Member States shall adopt the WTO Agreement on Import Licensing Procedures and develop common implementation guidelines appropriate for ASEAN for this purpose by 31 December 2004. 4. Member States shall endeavour to expand the coverage of the ASEAN Integration System of Preferences (AISP) Scheme by including products in the priority sectors. Article 5 Trade in Services Member States shall integrate trade in services by: (a) setting clear targets and schedules for progressive liberalisation for each round of negotiations towards achieving freer ow of trade in services earlier than 2020; (b) accelerating the service liberalisation for the priority sectors by 2010;

(c) accelerating the development of Mutual Recognition Arrangements (hereinafter referred to as MRAs) by 1 January 2008; (d) applying the ASEAN-X formula; and (e) promoting joint ventures and cooperation, including third country markets. Article 6 Investment Member States shall undertake the following measures: (a) Accelerate the opening up of sectors currently in the Sensitive List (hereinafter referred to as SL) by transferring these sectors into the Temporary Exclusion List (hereinafter referred to as TEL) under the Framework Agreement on the ASEAN Investment Area (AIA), using the ASEAN-X formula, beginning 2004. (b) Reduce restrictive investment measures in the SL beginning 2004 and complete the progressive elimination of restrictive investment measures in the TEL by 31 December 2010 for ASEAN-6, 2013 for Viet Nam and 2015 for Cambodia, Lao PDR and Myanmar. (c) Identify programmes and activities to promote investments in ASEAN by 31 December 2005. (d) Promote manufacturing processes in ASEAN to take advantage of their comparative strengths through: (i) the establishment of a network of ASEAN free trade zones to facilitate outsourcing activities beginning 2005; and (ii) undertaking more efcient joint ASEAN facilitation and promotion measures to promote foreign direct investments on an ongoing basis. (e) Promote and facilitate joint/cross border investments in manufacturing activities, on an ongoing basis, through: (i) special incentives, where appropriate, to be given by CLMV for investments from ASEAN; and (ii) special measures, where appropriate, to be given by ASEAN-6 to promote and facilitate relocation of investment to CLMV especially for labour intensive manufacturing activities.

(b) such other sectors as may be identied by the Ministers responsible for ASEAN economic integration under Articles 19 and 20 of this Framework Agreement. (c) Air travel shall be deemed to refer to air transport. 2. ASEAN Sectoral Integration Protocol means the individual integration protocol for each priority sector which identies the common and specic measures for each priority sector. 3. ASEAN-6 means Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand 4. CLMV means Cambodia, Lao PDR, Myanmar, and Viet Nam. Article 3 Applicability to the ASEAN Sectoral Integration Protocols The provisions of this Framework Agreement shall apply to each priority sector and be deemed to be included in each ASEAN Sectoral Integration Protocol unless provided otherwise therein.

74
ASEAN Documents Series 2004 ASEAN Documents Series 2004

75

PART III TRADE AND INVESTMENT FACILITATION Article 7 Rules of Origin Member States shall, by 31 December 2004, improve the CEPT Rules of Origin by: (a) making them more transparent, predictable and standardised, taking into account the best practices of other Regional Trade Agreements, including the rules of origin of the WTO; and (b) adopting substantial transformation as an alternative criteria for conferring origin status. Article 8 Customs Procedures Member States shall implement the following measures, in accordance with the timelines indicated, so as to expedite customs clearance and simplify customs procedures: (a) Extend the application of the ASEAN Harmonised Tariff Nomenclature (AHTN) for extra-ASEAN trade on an on-going basis . (b) Simplify, improve and harmonise customs declaration forms by 31 December 2005. (c) Ensure full implementation of the Green Lane System for CEPT products or similar system at entry points of all Member States by 31 December 2004. (d) Develop common implementation guidelines, by 31 December 2004, to fulll the obligations of the WTO Agreement on Customs Valuation. (e) Each ASEAN customs authority to adopt a service commitment (client charter) by 31 December 2004; and (f) Develop the Single Window approach, including the electronic processing of trade documents at national and regional level by 31 December 2005. Article 9 Standards and Conformance Member States shall take the following steps to accelerate the development of MRAs and harmonise product standards and technical regulations: (a) Accelerate the implementation and where appropriate the development of sectoral MRAs for priority sectors beginning 1 January 2005.

(b) Encourage domestic regulators to recognise test reports issued by testing laboratories which are accredited by national accreditation bodies in ASEAN that are signatories to International Laboratory Accreditation Cooperation (ILAC) and Asia-Pacic Laboratory Accreditation Cooperation (APLAC) MRAs. (c) Set, by 31 December 2005, clear targets and schedules for harmonisation of standards in the priority sectors wherever required. Where international standards are not available and when requested by industry, align national standards among Member States. (d) Harmonise and/or develop technical regulations as appropriate, for national application by 31 December 2010. (e) Ensure compliance with the requirements of the WTO Agreements on Technical Barriers to Trade and the Application of Sanitary and Phyto-Sanitary Measures. (f) Explore the development of ASEAN policy on standards and conformance to further facilitate the realisation of the ASEAN Economic Community, beginning 2005. Article 10 Logistics Services Expedite the development of integrated transport logistics services within ASEAN through: (a) Promotion of efcient door-to-door cargo transport and cross-border transport facilitation through the expeditious implementation of the ASEAN Framework Agreement on the Facilitation of Goods in Transit, and the ASEAN Framework Agreement on Multimodal Transport; (b) Improvement of land transport network infrastructures and services to achieve better inter-connectivity, inter-operability and inter-modality with the national, regional and international maritime and air transport gateways. (c) Strengthening intra-ASEAN maritime and shipping transport services; and (d) Establishment of enabling and conducive policy environment for increased private sector involvement and/or public-private partnerships in the development of transport infrastructure and the provision and operation of transport logistics facilities and services.

Article 11 Facilitation of Travel in ASEAN Member States shall: (a) harmonise procedures for the issuance of visas to international travelers in ASEAN by 31 December 2004; and (b) provide visa exemption for intra-ASEAN travel by ASEAN nationals by 2005. Article 12 Movement of Business Persons, Experts, Professionals, Skilled Labour and Talents Member States shall, taking into account their respective domestic laws and regulations: (a) develop an ASEAN agreement to facilitate the movement of business persons, including the adoption of an ASEAN Travel Card, by 31 December 2005; (b) develop an ASEAN agreement to facilitate the movement of experts, professionals, skilled labour and talents by 31 December 2005; and (c) accelerate completion of MRAs to facilitate free movement of experts, professionals, skilled labour and talents in ASEAN by 31 December 2008. PART IV PROMOTION AND MONITORING Article 13 Trade and Investment Promotion Member States shall, beginning 2005 and on an ongoing basis, work in close cooperation with the ASEAN Business Advisory Council (ASEAN-BAC), the ASEAN Chambers of Commerce and Industry (ASEAN-CCI), and relevant industry clubs/associations to: (a) intensify joint intra-ASEAN and extra-ASEAN trade promotion efforts; (b) organise regular private sector driven ASEAN selling and buying missions; (c) assist CLMV in organising promotional activities; and (d) undertake more effective joint ASEAN facilitation and promotion measures and develop new sources of inward foreign direct investment, particularly from potential countries such as the Peoples Republic of China, India and the Republic of Korea.

Article 14 ASEAN Trade and Investment Statistics Member States shall establish an effective system to monitor ASEAN trade and investments through: (a) provision of updates to the ASEAN Secretariat of the latest trade (goods and services) and investment statistics; and (b) preparation of consolidated industry proles, by the respective associations, which, inter alia, cover information such as production capacity and product range. PART V OTHER AREAS FOR INTEGRATION Article 15 Intellectual Property Rights Member States shall expand the scope of ASEAN intellectual property rights cooperation beyond trademarks and patents to include cooperation in copyrights information exchange and enforcement by 31 December 2004. Article 16 Industrial Complementation Member States shall promote complementation among ASEAN manufacturers, as applicable, through: (a) identication and development of specialisation of production processes, research and development (R&D), and testing facilities based on comparative advantage of individual Member State; and (b) development of guidelines on promoting outsourcing arrangements among Member States, as applicable. Article 17 Human Resource Development Member States shall cooperate to develop and upgrade skills and capacity building through joint training and workshops. PART VI GENERAL PROVISIONS Article 18 General Exceptions Nothing in this Framework Agreement shall prevent any Member State from taking actions and adopting measures which it considers necessary for the protection of its national

76
ASEAN Documents Series 2004 ASEAN Documents Series 2004

77

security, the protection of public morals, the protection of human, animal or plant life and health, and the protection of articles of artistic, historic and archaeological value. Article 19 Institutional Arrangement 1. The Ministers responsible for ASEAN Economic Integration, with the assistance of the Senior Economic Ofcials (SEOM), shall oversee, monitor and/or coordinate the implementation of this Framework Agreement. 2. The ASEAN Secretariat shall: (a) provide support to the Ministers and the SEOM for supervising, coordinating and reviewing the implementation of this Framework Agreement; and (b) monitor and regularly report to the SEOM on the progress in the implementation of this Framework Agreement. 3. Member States shall cooperate with the ASEAN Secretariat in the performance of its duties. Article 20 Review The Ministers responsible for ASEAN Economic Integration shall meet as and when necessary to review this Framework Agreement for the purpose of considering further measures and/or other sectors for priority integration or any other relevant matters as may be agreed. Article 21 Sectoral Integration Protocols and Annexes The ASEAN Sectoral Integration Protocols attached to this Framework Agreement as Annexes (I) to (XI) and the total product list attached as Annex (XII) shall form an integral part of this Framework Agreement. Article 22 Consultations Member States shall accord adequate opportunity for consultations regarding any representations made by another Member State with respect to any matter that would affect the implementation of this Framework Agreement. Article 23 Dispute Settlement The provisions of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR on the 29th day of November 2004, shall apply to disputes arising under this Framework Agreement.

Article 24 Relation to other Agreements 1. Except as provided in paragraph 2 hereof, this Framework Agreement or any action taken under it shall not affect or nullify the rights and obligations of a Member State under existing agreements or international conventions to which it is also a party. 2. The provisions in this Framework Agreement shall prevail over the rights and obligations in other relevant ASEAN agreements to the extent that the same subject matter is governed by this Framework Agreement. Article 25 Final Provisions 1. The provisions of this Framework Agreement may be modied through amendments mutually agreed upon in writing by all Member States. 2. This Framework Agreement shall be deposited with the Secretary-General of ASEAN, who shall furnish a certied copy to each Member State. Article 26 Entry into Force 1. This Framework Agreement shall enter into force on 31 August 2005. Notwithstanding the specied date of entry into force, Member States undertake to carry out the obligations which arise prior to the date of entry into force of this Framework Agreement in accordance with the timelines indicated herein and the Roadmaps attached to the ASEAN Sectoral Integration Protocols as Appendices. 2. Member States undertake to complete their internal procedures of ratication for the entry into force of this Framework Agreement. 3. Each Member State shall upon the completion of its internal procedures of ratication of this Framework Agreement notify the ASEAN Secretariat in writing. IN WITNESS WHEREOF, WE have signed this ASEAN Framework Agreement for the Integration of Priority Sectors. DONE at Vientiane, Lao PDR this 29th day of November 2004, in single copy, in the English Language.

For Brunei Darussalam

For the Union of Myanmar

HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam

LIEUTENANT GENERAL SOE WIN Prime Minister

For the Kingdom of Cambodia

For the Republic of the Philippines

SAMDECH HUN SEN Prime Minister

GLORIA MACAPAGAL-ARROYO President

For the Republic of Indonesia

For the Republic of Singapore

DR. SUSILO BAMBANG YUDHOYONO President

LEE HSIEN LOONG Prime Minister

For the Lao Peoples Democratic Republic

For the Kingdom of Thailand

BOUNNHANG VORACHITH Prime Minister

DR. THAKSIN SHINAWATRA Prime Minister

For Malaysia

For the Socialist Republic of Viet Nam

DATO SERI ABDULLAH AHMAD BADAWI Prime Minister

PHAN VAN KHAI Prime Minister

78
ASEAN Documents Series 2004 ASEAN Documents Series 2004

79

ASEAN Declaration Against Trafficking in Persons Particularly Women and Children


Vientiane, Laos, 29 November 2004
WE, the Heads of States/Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam, members of the Association of the Southeast Asian Nations, hereinafter referred to as ASEAN, REAFFIRMING the Ha Noi Declaration of 1998 and the Ha Noi Plan of Action, which, among others, committed to intensify individual and collective efforts to address transnational crimes, including the trafcking in persons; EXPRESSING the urgent need for a comprehensive regional approach to prevent and to combat trafcking in persons, particularly women and children; ACKNOWLEDGING that social, economic and other factors that cause people to migrate also make them vulnerable to trafcking in persons; RECOGNIZING that the immorality and inhumanity of this common concern elicits the need to strengthen legislative, law enforcement and judicial responses to ensure deterrent action is taken against persons involved in individual or syndicated activities of trafcking in persons, particularly women and children; APPRECIATING that a successful campaign against the scourge of trafcking in persons, particularly women and children, requires continuing dialogue, exchange of information and cooperation among ASEAN; REAFFIRMING ASEANs unwavering desire to embrace the spirit behind the United Nations Convention against Transnational Organized Crime and its relevant protocols as it reects the commitment of the Member States of the United Nations to prevent and combat transnational organized crime; REAFFIRMING through this Declaration a commitment to human development and security, and the improvement of the quality of life of the peoples of ASEAN; HEREBY DECLARE, to the extent permitted by their respective domestic laws and policies, to undertake concerted efforts to effectively address an emerging regional problem, namely the trafcking in persons, particularly women and children, through the following measures: 1. To establish a regional focal network to prevent and combat trafcking in persons, particularly women and children, in the ASEAN region; 2. To adopt measures to protect the integrity of their respective passports, ofcial travel documents, identity and other ofcial travel documents from fraud; 3. To undertake regular exchange of views, information sharing on relevant migratory ows, trends and pattern, strengthening of border controls and monitoring mechanisms, and the enactment of applicable and necessary legislations; 4. To intensify cooperation among our respective immigration and other laws enforcement authorities; 5. To distinguish victims of trafcking in persons from the perpetrators, and identify the countries of origin and nationalities of such victims and thereafter ensure that such victims are treated humanely and provided with such essential medical and other forms of assistance deemed appropriate by the respective receiving/ recipient country, including prompt repatriation to their respective countries of origin; 6. To undertake actions to respect and safeguard the dignity and human rights of genuine victims of trafcking in persons; 7. To undertake coercive actions/measures against individual and/or syndicate engaged in trafcking in persons and shall offer one another the widest possible assistance to punish such activities; and 8. To take measures to strengthen regional and international cooperation to prevent and combat trafcking in persons. All Member Countries reafrm their commitment to accomplish the elements of this Declaration through maximum efforts by such appropriate instruments as may be necessary and consistent with their respective national laws and policies. ADOPTED by the Heads of State/Government of ASEAN Member Countries on this Twenty-ninth Day of November 2004 in Vientiane, Lao Peoples Democratic Republic.

ASEAN-India Partnership for Peace, Progress and Shared Prosperity


Vientiane, Laos, 30 November 2004
WE, the Heads of State/Government of Brunei Darussalam, the Kingdom of Cambodia (Cambodia), the Republic of Indonesia (Indonesia), the Lao Peoples Democratic Republic (Lao PDR), Malaysia, the Union of Myanmar (Myanmar), the Republic of the Philippines (the Philippines), the Republic of Singapore (Singapore), the Kingdom of Thailand (Thailand) and the Socialist Republic of Viet Nam (Viet Nam), Member Countries of the Association of Southeast Asian Nations (collectively, ASEAN or ASEAN Member Countries , or individually, ASEAN Member Country), and the Republic of India (India) gathered in Vientiane, Lao PDR, on 30th November 2004 for the 3rd ASEAN-India Summit; ADHERING to the principles and purposes of the Charter of the United Nations, the Five Principles of Peaceful Coexistence and other universally recognised principles of international law; REAFFIRMING our faith in, and respect for, each others independence, sovereignty, territorial integrity, noninterference in the internal affairs of other states, mutual respect and mutual benet; BOUND TOGETHER by our shared rich and valuable heritage of civilisation, culture, and peaceful economic and social interaction and linkages extending over two millennia as well as by the pluralistic, multi-religious and culturally diverse nature of our respective societies; BUILDING on the deep and widespread people-to-people linkages and friendship between the Member Countries of ASEAN and India; NOTING with deep satisfaction that the close cooperative and multifaceted partnership, which our countries have fostered, encompassing the political, security, economic, scientic and technological, human resource development, social, cultural and other areas of mutual interest that provides a solid foundation for taking the ASEAN-India partnership to greater heights and new areas; DETERMINED to optimally utilise our talented and youthful human and rich natural resources, and core competencies in many state-of-the-art technologies and knowledgebased industries; CONVINCED that ASEAN-India cooperation serves the essential interests of their peoples and is essential for promoting peace, stability, development and prosperity in Asia and the world; ASPIRING to play a more active role and to meet the political, economic, social and other challenges facing our region in the coming decades, and in helping to shape the world of the 21st century; RECALLING the Joint Statement issued after the 1st ASEANIndia Summit Meeting in Phnom Penh in November 2002 and the agreements and understandings reached during the 2nd ASEAN-India Summit Meeting in Bali in October 2003; and ATTACHING great signicance to the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and India signed in Bali for realising the full potential of ASEAN-India Regional Trade and Investment Area (RTIA) and economic cooperation. HEREBY commit ourselves to: Foster friendship, good neighbourliness, peaceful co-existence and prosperity in the region; Promote a long term co-operative partnership based on equality, shared ownership and mutual respect which will enable us to impart synergies to our respective strengths and complementarities to achieve our respective long-term national and regional development goals; Cooperate in a coordinated manner to accelerate and mutually reinforce sustainable growth and development of our economies towards shared prosperity, poverty alleviation and reduction of social disparities, to enable our people to enjoy unhindered access to opportunities for development; Cooperate in strengthening the UN system, including support for early reforms of the United Nations and the Bretton Woods institutions to make them more democratic and responsive to the priorities of its member states particularly, the developing countries; Cooperate in other multilateral fora, in particular the WTO, greater equity and greater benets from globalisation for the developing countries; Jointly address the common challenges to our comprehensive political and economic security, including food, human and energy security; Cooperate in combating the menace of international terrorism and other transnational crimes such as trafcking in drugs, arms smuggling, human trafcking particularly in women and children, cyber crimes, international economic crimes,

80
ASEAN Documents Series 2004 ASEAN Documents Series 2004

81

environmental crimes, sea piracy and money laundering, through effective institutional linkages and programmes of cooperation giving priority to information exchange and capacity building; Collaborate in areas of general and complete disarmament, and in the non-proliferation of weapons of mass destruction under strict and effective international control; Take full advantage of the geographical contiguity of Southeast Asia and India and synergise the strengths of these two signicant economic regions to act as powerful engines of growth; Give high priority to development of regional infrastructure and road,rail,sea and air transportation links to increase physical connectivity that would facilitate greater movement of goods and people; Facilitate travel and tourism between ASEAN and India by developing links of tourist centres to enhance synergies of tourism destinations; Promote cooperation in science and technology, in particular information technology and biotechnology, including through joint research and development and commercialisation of new technologies; Work through both conventional and innovative trade and economic arrangements, and full implementation of the ASEAN-India free trade area by 2011 for ASEAN-5 and India, 2016 for the Philippines and India and by 2011 by India and 2016 by the 4 new ASEAN Members Countries, including the early implementation of the Early Harvest Programme, to achieve freer movement of goods, services, investment, and cooperation in other economic areas; Reiterate full support for the implementation of the Declaration of ASEAN Concord II, leading to the formation of a more integrated ASEAN Community comprising the ASEAN Security Community, the ASEAN Economic Community and the ASEAN Socio-Cultural Community; Cooperate to help bridge the development gap among various regions and countries, including through support to the Initiative for ASEAN Integration and sub-regional growth areas in ASEAN, and cooperation schemes between ASEAN Member Countries and India;

Promote cooperation in human resource development, through capacity building, strengthening of institutions, training and entrepreneurship development focussing on small and medium enterprises; Promote people-to-people exchange involving, among others, parliamentarians, youth, artists, sportspersons and representatives from business, industry, media, academic and think-tank institutions; and Preserve our cultural heritage, and promote cultural cooperation for better understanding and friendship among our peoples. Institutional and Funding Arrangements for Implementation:

For the Kingdom of Cambodia

For the Republic of the Philippines

SAMDECH HUN SEN Prime Minister

GLORIA MACAPAGAL-ARROYO President

For the Republic of Indonesia

For the Republic of Singapore

To realise the objectives of the ASEAN-India Partnership, the following measures will be taken: ASEAN and India will implement specic activities and projects as contained in the attached Plan of Action; ASEAN and India will strengthen the existing funding mechanisms, including the ASEAN-India Cooperation Fund, for effective cooperation and implementation of the ASEAN-India Partnership and Plan of Action; ASEAN and India are committed to providing requisite resources and in accordance with their respective capacities, including mutually exploring effective and innovative external resource mobilisation efforts, to accomplish the various strategies and measures outlined in the Plan of Action; The progress made in the implementation of the ASEAN-India Partnership and the Plan of Action will be reviewed by the Senior Ofcials and the Foreign Ministers of ASEAN and India under the ASEAN-India Dialogue Relations; and The Plan of Action will be reviewed periodically taking into consideration the dynamic developments in the region and the world.

DR. SUSILO BAMBANG YUDHOYONO President

LEE HSIEN LOONG Prime Minister

For the Lao Peoples Democratic Republic

For the Kingdom of Thailand

BOUNNHANG VORACHITH Prime Minister

DR. THAKSIN SHINAWATRA Prime Minister

For Malaysia

For the Socialist Republic of Viet Nam

SIGNED in Vientiane, Lao PDR this Thirtieth Day of November in the Year Two Thousand and Four in two originals in the English language.

DATO SERI ABDULLAH AHMAD BADAWI Prime Minister

PHAN VAN KHAI Prime Minister

For the Union of Myanmar For Brunei Darussalam For the Republic of India

HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam

DR. MANMOHAN SINGH Prime Minister

LIEUTENANT GENERAL SOE WIN Prime Minister

82
ASEAN Documents Series 2004 ASEAN Documents Series 2004

83

Plan of Action to Implement the ASEAN-India Partnership for Peace, Progress and Shared Prosperity
Vientiane, Laos, 30 November 2004
POLITICAL AND SECURITY COOPERATION 1.1 1.1.1 Political Foster closer cooperation and consultation between our delegations on reforming and democratising the United Nations and the institutions under the United Nations System by making them more reective of the contemporary realities, and especially in the World Trade Organisation and other Bretton Woods institutions, so as to articulate the aspirations of the developing countries for equitable treatment and representation of their views; Consult and cooperate on regional and international political and security issues of mutual interest and concern; Promote norms and practices by ensuring the participation and involvement of women in consultations and peaceful settlement of disputes, particularly those reected under the Treaty of Amity and Cooperation in Southeast Asia for consultations and peaceful settlement of disputes; Cooperate closely in opposing the threat of weapons of mass destruction and on disarmament issues with the objective of total elimination of all weapons of mass destruction, including nuclear weapons; and Strengthen the regional security dialogue and cooperation through the ASEAN Regional Forum for the maintenance of regional peace and stability. 2. 1.2 1.2.1 Terrorism and other Transnational Crimes Strengthen and expand effective cooperation to combat international terrorism and other transnational crimes including through the existing ASEAN Ministerial Meeting on Transnational Crimes (AMMTC); Build institutional linkages for intelligence and information sharing, exchange of information, and cooperation in legal and enforcement matters; 2.1 2.1.1 1.2.3 Develop joint training programmes and use regional organisations for technical assistance to effectively ght terrorism and other transnational crimes such as money laundering, drug trafcking, trafcking in persons, particularly of women and children, arms smuggling, cyber crimes, international economic crime and sea piracy; Exchange ideas and jointly promote best standards and practices and explore ways to safeguard the sovereign rights of the parties, the common maritime boundaries, and shared maritime environment; Explore developing anti-terrorism cooperation and assistance packages, covering among others, immigration controls, customs cooperation, land, air and sea safety; Encourage accession to all relevant international counter-terrorism conventions and protocols and implement relevant UN resolutions on counterterrorism; Cooperate closely in opposing the threat of weapons of mass destruction especially in the context of such weapons falling into the hands of terrorists; and Explore other avenues of cooperation between ASEAN and India taking into consideration the Work Programme to Implement the ASEAN Plan of Action to Combat Transnational Crimes. ECONOMIC COOPERATION Trade and Investment Establish ASEAN-India Regional Trade and Investment Area (RTIA) covering trade in goods, trade in service and investment as outlined under the Framework Agreement for Comprehensive Economic Cooperation; Encourage participation of trade and industry representatives in the Business Summits and trade fairs held in India and ASEAN countries

with special incentives for the participation of Cambodia, Laos, Myanmar, and Viet Nam; 2.1.3 Promote and facilitate cross ows foreign direct investment into ASEAN countries and India through cooperation between investment promotion agencies, dissemination of information on investment policies, rules and procedures, and linkages between investors and local entrepreneurs; Establish sectoral linkages involving business and industries to promote business interaction in specic sectors of industries; Maximise the synergies for promoting trade in goods and services, as well as in investment ows between ASEAN and India, and identify barriers to trade in services, with a view to addressing them, in accordance with the level of development of each participating country; and Work towards establishing bilateral Agreements between Member Countries of ASEAN and India for Investment Promotion and Protection and Double Taxation Avoidance. Customs Cooperation Enhance trade facilitation by streamlining customs procedures, formalities and practices in accordance with international conventions and best practices; Encourage development of on-line linkages of India and ASEAN countries with regard to Certicate of Origin; and Provide technical assistance and capacity building to the CLMV Countries to upgrade their customs capacity. Standards and Conformance Cooperation Establish linkages between national standards and conformity assessment bodies and technical regulators for mutual recognition of conformity assessment procedures and results and capacity building; Facilitate the exchange of information on standards and conformity assessment procedures in relation to the regulatory requirements of Member Countries of ASEAN as well as India for easy access by the regulatory bodies and exporters in the participating countries through identication of contact points;

2.3.3

Set up technical cooperation in capacity building in the area of accreditation and certication bodies and laboratories; Establish export and import inspection systems in line with internationally accepted good regulatory practices; and Promote technical assistance in the area of standards and conformance to CLMV Countries. Finance Improve nancial stability, among others, through voluntary swap arrangement; Enhance regional cooperation; monetary and nancial

2.3.4

2.3.5

2.1.4

2.4 2.4.1 2.4.2 2.4.3 2.4.4

2.1.5

1.2.4

2.1.6

Develop and promote an Asian bond market; Further develop capital market infrastructure in areas of legal and regulatory and supervisory framework and cross border trading clearance settlement; Enhance nancial sector links between ASEAN and India; Explore various ways to enhance trade nancing in the region; and Assist ASEAN Countries, particularly CLMV in the development of their capital markets. Transport and Infrastructure Expedite completion of India-Myanmar-Thailand trilateral highway and extension to Laos and Cambodia; Encourage private sector participation in highway projects and port and coastal shipping projects in India and in the development of roads and railways in the Member Countries of ASEAN; Strengthen cooperation in the eld of shipping through, among others, the formation of ASEAN-India maritime association to provide an institutional basis to coordinate and enhance ASEAN-India cooperation in marine transport; and Strengthen ASEAN-India air connectivity by working towards progressively greater liberalisation of air services between ASEAN and India.

1.1.2

1.2.5

1.1.3

2.2. 2.2.1

2.4.5 2.4.6 2.4.7

1.2.6

1.1.4

1.2.7

2.2.2

1.2.8

2.2.3

2.5. 2.5.1

1.1.5

2.3 2.3.1

2.5.2

2.5.3

2.3.2

1.2.2

2.1.2

2.5.4

84
ASEAN Documents Series 2004 ASEAN Documents Series 2004

85

2.6 2.6.1 2.6.2

Energy Promote and develop trade and investment interest in gas-related projects; Promote and develop trade and investment interest in the electricity sector, and pursue an integrated and coordinated development programme to establish compatibility of electricity grids, and work towards liberalisation of power trade among ASEAN Member Countries and India; Develop and strengthen institutional linkages between ASEAN Centre for Energy (ACE) and India to cooperate on R&D into energy efciency and renewable energy, and to establish programmes of cooperation; and Promote sustainable and optimal utilisation of renewable energy, coal and new hydrocarbon projects, and cooperate in energy policy and planning, energy efciency and conservation, as well as in the establishment of institutional linkages for developing other programmes of cooperation. Science and Technology Information and Communication Technology Bridge the digital divide among and within our countries and use the synergies between our hardware and software capabilities for strengthening the IT industry in the region; Set up Advanced Institutes of Information Technologies in different ASEAN countries, in particular CLMV for facilitating the building up of ICT capabilities; Organise regular meetings of IT Ministers in ASEAN and India including with the IT Ministers of Indian states to facilitate exchange of experiences; Strengthen institutional cooperation in the ICT infrastructure connectivity between ASEAN and India to accelerate the IT trade between ASEAN and India; Promote and facilitate ICT workshops and training in the developments of ICT capacity building; Promote human resource cooperation through various training courses, e-Learning, seminars, workshops as well as exchange of visits among IT experts;

2.7.1.7

Promote the development of an ASEAN-India broadband high speed optical bre network and promote information ow and the application of new technology in the region; and Exchange programmes among government ofcials of ASEAN and India in the areas of rural development and poverty eradication that will help provide additional income to rural households and improve the quality of lives. For example: i. visits and training programmes on good practices in rural development and poverty eradication; ii. R&D on rural products such as handicrafts, leather-based crafts and beads works. Research and Development and Technology Management Promote joint R&D and technology development in areas having potentials for commercial applications with the involvement of public and private sector, through, among others, the formation of strategic alliances between ASEAN and Indian enterprises; Cooperate in the eld of technology management, on issues, covering IPR management, technology forecasting, technology assessment, technology inter-mediation in areas such as materials science, marine technology, microelectronics design and processing, and multimedia; Establish a Technology Transfer Network, to facilitate the pooling of information on the availability of technologies and experts with the enterprises/R&D organisations in the region; and Support ASEANs environmental programme and activities under its Environmentally Sustainable Cities Initiative by organising seminars and workshops to share Indias experiences in lowering urban air pollution and use of alternative fuel. Space Technology Applications and Biotechnology Develop a medium to long term programme of cooperation in the eld of space technology promoting collaboration in its applications for broadcasting and telecommunication, effective management of natural resources and environment, disaster mitigation and weather forecasting; Establish an ASEAN-India Biotechnology Network to encourage cooperation in the eld of plant

biotechnology for crop improvement; and 2.7.3.3 Develop an inventory of the regions bio-resources and joint research on issues relating to animal biotechnology, bio-informatics and regulatory issues concerning biotechnology. Human Resource Development Increase the number of fellowships for ASEAN students, especially to those from CLMV countries to pursue higher education in India; Set up Software Development and Training Centres in the CLMV countries and provide DoE (Design of Experiments) accreditation to these training centres; Establish facilities for teaching English language in select Member Countries of ASEAN especially in the CLMV countries; Promote closer collaborations between universities in ASEAN and India through the ASEAN University Network; Work towards developing a comprehensive ASEAN-India Programme for Capacity Building for better coordination and monitoring; and Support the CLMV Countries to upgrade their education systems through implementation of curricula for kindergarten, primary, secondary and tertiary education. Sharing Experience on Managing Development Hold regular meetings of the ASEAN-India policy makers and Network of Think Tanks (AINTT) to facilitate exchange of development experiences; and Institute fellowships for promoting studies on ASEAN-India relations. Pharmaceuticals and Health Share experiences and capability in developing quality generic pharmaceuticals industry, to make medicines more affordable to people; Cooperate in joint production of diagnostic and therapeutic supplies for HIV/AIDS, vaccines such as, but not limited to, BCG, anti-venin, equine 2.12.6 2.12.5 2.12 2.12.1 2.11 2.11.1

rabies, anti-hepatitis and anti-tetanus, serum vaccines, generic drugs and traditional medicines like Ayurveda and Herbal medicines; and 2.10.3 Address health related issues having bearing on countries in the region, especially in light of emerging diseases such as SARS and avian u. Commodities, Agriculture, Horticulture and Food Processing Develop closer interaction between the Ministries related to Agriculture, Horticulture and Commodities in the ASEAN Member Countries and India to initiate joint actions on issues of common interest. Small and Medium Enterprises (SMEs) Develop joint programmes in capacity building aimed at strengthening the capacities of SMEs on both sides; Share on a regular basis policy and other experiences in the promotion of a dynamic, networked, and competitive SME sector; Encourage collaboration in the formation and linkages of associations of small-scale industries and other non-government organisations through training of personnel, and information dissemination; Foster supply and subcontracting linkages and partnerships involving SMEs from ASEAN and India as well as other rms within and outside the region through trade missions, study visits and other network-building activities; Collaborate in the joint development and compilation of system toolkit packages and other materials for training in enterprise organisation and management skills, including nancial reporting and business plan preparations, technology upgrading, quality maintenance and assurance, ISO standard certication; Promote various associations of small-scale industries and other business organisations in support of ASEAN-India SME development and linkages; Organise Indian technology exhibitions in new Member Countries of ASEAN with a focus on machinery and equipment for small scale and rural industries; and

2.7.1.8

2.8 2.8.1

2.6.3

2.8.2

2.6.4

2.7.2 2.7.2.1

2.8.3

2.8.4

2.12.2

2.7 2.7.1 2.7.1.1

2.7.2.2

2.8.5

2.12.3

2.8.6

2.7.2.3

2.7.1.2

2.12.4

2.9 2.9.1

2.7.2.4

2.7.1.3

2.7.1.4

2.9.2 2.7.3 2.7.3.1

2.10 2.10.1

2.7.1.5 2.7.1.6

2.7.3.2

2.10.2

2.12.7

86
ASEAN Documents Series 2004 ASEAN Documents Series 2004

87

2.12.8

Establish SME Service Centres in ASEAN countries, in particular CLMV and virtual SME Service Centres for ASEAN and India SMEs. SOCIAL AND CULTURAL COOPERATION Social Promote cooperation and regional commitment on the poverty alleviation efforts and for achieving Millennium Development Goals, including sustainable development; Create a Forum for sharing of experiences in labour market liberalisation and addressing issues relating to mobility of skilled labour between ASEAN and India; Promote dialogue between Government ofcials and civil societies of ASEAN and India in the eld of rural development, poverty alleviation, women empowerment, and issues concerning protection to children against exploitation, gender equality and old age care; and Encourage home stay facilities. Tourism Promote and facilitate more tourism ow; Consider establishing a high level cooperation mechanism between relevant tourism authorities; Consider reciprocal arrangements where possible for relaxing existing visa regulations and extending travel concessions to ASEAN and Indian tourists; Promote cultural and rural tourism through joint tourism packages, including Eco-Tourism, adventure tourism, sports tourism, religious circuit tourism, by utilising their geographical diversity; and Promote budget tourism packages by using multimodal transport, including luxury coaches and ferry services. Culture Promote greater awareness and appreciation of each others traditional and contemporary cultures through establishment of an autonomous ASEAN-India Foundation (AIF) to facilitate 3.4 3.4.1

exchange and linkage programmes in the areas of creative and performing arts, cultural education, conservation and management of cultural and archaeological heritage, cultural enterprises and creative industries; 3.3.2 Institutionalise regular exchange of views of Culture Ministers to promote better understanding of cultural diversity and in formulation of cultural policy in the context of globalisation; Encourage regular interaction among cultural workers of ASEAN and India aimed at fostering deeper cultural reection; The AIF may also provide for ASEAN-India Civil Societies Forum to discuss and exchange, experiences on preserving traditional cultural values from the negative impacts of the process of trade liberalisation and globalisation. Among the concerns of the forum will be the ways to increase dissemination of local cultural contents among the youth and other efforts aimed to strengthen healthy national identity among them; and Work together to prevent the illegal smuggling of cultural heritage so as to make these valuable objects stay within jurisdiction of its rightful owner. People-to-People Contacts, Media, Entertainment, and Sports Facilitate greater interaction between media of ASEAN and India for reducing the information gaps; Establish ASEAN-India Parliamentarians Forum to provide for regular interaction; and Works towards organising ASEAN-India Games. INSTITUTIONAL AND FUNDING ARRANGEMENTS FOR THE IMPLEMENTATION OF THE PLAN OF ACTION Draw up specic work programmes, if necessary, to implement the various actions and measures outlined in this Plan of Action; India will provide technical support to the ASEAN Secretariat in implementing the Plan; Strengthen existing funding mechanisms for effective coordination and implementation of this Plan;

4.4

Provide requisite resources in accordance with their respective capacities, exploring effective and innovative resource mobilisation to accomplish the various strategies and measures outlined in the Plan; Conduct regular review of the Plan through existing mechanisms such as the meeting of the Foreign Ministers of ASEAN and India, the ASEAN-India Senior Officials Meeting, the ASEAN-India Joint Cooperation Committee, 4.6

3 3.1 3.1.1

4.5

the ASEAN-India Working Group to ensure consistency with the priorities of the ASEANIndia dialogue relations and to incorporate new and urgent areas of cooperation given the dynamic regional and global developments; and Submit a progress report of the implementation of the Plan of Action to the annual ASEAN-India Summit through the meeting of the Foreign Ministers of ASEAN and India.

3.3.3

3.1.2

3.3.4

3.1.3

3.1.4 3.2 3.2.1 3.2.2 3.2.3

3.3.5

3.4.2 3.4.3 4

3.2.4

3.2.5

4.1

3.3 3.3.1

4.2 4.3

88
ASEAN Documents Series 2004 ASEAN Documents Series 2004

89

Joint Declaration on Comprehensive Cooperation Partnership between the Association of Southeast Asian Nations and the Republic of Korea
Vientiane, Laos, 30 November 2004

at the ofcials level and by intensifying dialogue using existing mechanisms. Promote closer cooperation at regional and multilateral levels through fora such as the ASEAN Regional Forum (ARF) and ASEAN Plus Three process, among others, to enhance regional security, mutual cooperation and condence-building measures. Strengthen cooperation in disarmament and nonproliferation of weapons of mass destruction and their means of delivery, and related materials. Enhance cooperation in combating transnational crimes such as terrorism, trafcking in drugs and human trafcking through existing mechanisms. ASEAN supports the efforts of the ROK and concerned parties towards the maintenance of peace and security on the Korean Peninsula and the region, and hopes for the early resumption of the Six-Party Talks to achieve denuclearisation on the Korean Peninsula peacefully through dialogue. The ROK, in support of the purposes, principles and spirit of the Treaty of Amity and Cooperation in Southeast Asia, had acceded to the Treaty with a view to strengthening the existing trust and friendship between ASEAN and the ROK, thereby contributing to regional peace and stability. Enhancing Closer Economic Relations With evolving developments in the multilateral trading environment and other growing global challenges, there is a need for both sides to forge a comprehensive economic partnership to provide impetus for even stronger dialogue relations and trading partnership. Not only would this bring substantial economic benets to the peoples of ASEAN and the ROK, this partnership would also provide an important mechanism for continued mutual cooperation and understanding. The Leaders of ASEAN Member Countries and the ROK welcome the recommendations of the ASEANROK Experts Group Joint Study of Comprehensive Closer Economic Relations between ASEAN and the ROK which, among others, contain measures to enhance the economic relations, the expansion of twoway trade and investment and the enhancement of economic cooperation, especially capacity building in various elds such as tourism, agriculture, sheries and forestry, energy, information technology, and science and technology. The establishment of the AKFTA would be a natural extension of the existing relations between ASEAN

and the ROK, as well as a stepping stone to elevating the ASEAN-ROK relationship to a higher and more comprehensive level. Further liberalisation and integration of their markets through the elimination of tariffs and non tariff barriers would create a more business-friendly environment that would be mutually benecial. The AKFTA will be comprehensive in scope, covering trade in goods, services and investment. The objective of the AKFTA is to move towards deeper economic integration between the two regions through progressive elimination of all forms of barriers to trade in goods, services and investment; and through trade and investment facilitation and economic cooperation measures. The AKFTA will include provision for exibility, including special and differential treatment, such as technical assistance and capacity building programmes, especially for the newer ASEAN Members to address the different levels of development among the Member Countries and enable them to participate fully and to obtain full benets from the AKFTA. The negotiations on the AKFTA shall commence in early 2005 and be completed within two years. The AKFTA will be realised at an earlier date, with a goal of achieving as high a level of liberalisation as possible, whereby at least 80% of products will have zero tariffs in 2009, and with consideration for special and differential treatment and additional exibility for new ASEAN Member Countries. The AKFTA will have differentiated timelines for the ROK and ASEAN-6 on the one hand, and the Cambodia, Laos, Myanmar and Viet Nam (CLMV Countries) on the other. Negotiations on ASEAN-ROK FTA will be on the basis of the timeframe and key elements of the ASEAN-Korea Experts Group Joint Study endorsed by the Economic Ministers attached to this Declaration as an Annex. Narrowing the Development Gaps within ASEAN and between ASEAN and the ROK Strengthen cooperation and support for the realisation of ASEAN integration objectives by implementing projects furthering the Bali Concord II, IAI as well as the Vientiane Action Programme (VAP), including providing technical assistance and capacity building for the least developed countries (LDC) of ASEAN based on the experience and expertise of the ROK in development. Strengthen ASEANs integration efforts in narrowing the development gaps within ASEAN and between ASEAN and the ROK by enhancing regional and sub-regional development, including through the Mekong Subregion, Ayeyawady-Chao Phraya-Mekong Economic

WE, the Heads of State/Government of Member Countries of the Association of Southeast Asian Nations (ASEAN) and the Republic of Korea (ROK) gathered on 30 November 2004 in Vientiane, Lao PDR, for the ASEAN-ROK Summit; NOTING with deep have forged a close the establishment of have contributed to development; satisfaction that our countries and benecial relationship since dialogue relations in 1989, which regional peace, prosperity, and RECOGNISING the potential of cooperation in new and emerging areas of interest such as tourism, education, science and technology, non-traditional security issues, agriculture and forestry, energy, environment and regional and international issues; ACKNOWLEDGING the contribution of the ROK to ASEANs development in accordance with the ASEAN Vision 2020 and the Ha Noi Plan of Action, and its support for the Initiative for ASEAN Integration (IAI) to narrow development gaps among the ASEAN Member Countries; RECALLING the Joint Statement on ASEAN-ROK Cooperation Towards the 21st Century adopted on 16 December 1997 in Kuala Lumpur, Malaysia, which laid a rm foundation for an intensied ASEAN-ROK partnership, and provided the impetus to further the relationship into the new millennium; DETERMINED, in commemorating the 15th anniversary of the dialogue relations, to develop a strategic framework for a more comprehensive, action-oriented and forwardlooking partnership through existing mechanisms within the ASEAN-ROK and the ASEAN Plus Three processes; ALSO DETERMINED to ensure that core economic and development strategies support the overall integration plans for ASEAN, including the deepening of East Asia cooperation, which should be complementary regional processes; HEREBY agree to the following common strategies of action for the Comprehensive Cooperation Partnership: 1. Enhancing Political and Security Cooperation Enhance cooperation based on the principles that have guided our relationship, which include adherence to the purposes and principles of the UN Charter and applicable international laws, respect for each others national sovereignty, territorial integrity and independence, and the pursuit of national development and cooperation based on mutual trust, benet and equality. Strengthen political and security cooperation through high-level contacts and people-to-people exchanges

ENCOURAGED by the signicant progress for the last 15 years of cooperation in the areas of political and security, trade and investment, economy, information and communications technology (ICT), society and culture, and human resource development (HRD), as supported by the ASEAN-ROK Special Cooperation Fund (SCF) and the ASEAN-ROK Future Oriented Cooperation Projects (FOCP) Fund; RECOGNISING that the multifaceted challenges of globalisation and regional integration as well as traditional and non-traditional issues affecting human security, require a more coherent and well-coordinated response at the regional level; REAFFIRMING ASEANs full support for the ROKs policy towards building a permanent mechanism for peace on the Korean Peninsula and the ROKs full support for the Declaration of ASEAN Concord II (Bali Concord II) adopted at the 9th ASEAN Summit held in October 2003 in Bali, Indonesia, which will lead to the formation of the ASEAN Community, comprising the ASEAN Security Community (ASC), ASEAN Economic Community (AEC), and ASEAN Socio-cultural Community (ASCC); SHARING the belief that while ASEAN and the ROK have enjoyed a strong partnership and have developed close trade and investment linkages through many years of fruitful cooperation and dialogue, there exists much room for both sides to maximise the potential of the relationship; CONVINCED that a Free Trade Area (FTA) among themselves would further promote growth and development, increase living standards of the people throughout the region and would provide further dynamic benets to the region in the long term;

2.

3.

90
ASEAN Documents Series 2004 ASEAN Documents Series 2004

91

Cooperation Strategy (ACMECS), the Brunei DarussalamIndonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA), the Greater Mekong Sub-region (GMS) programme, the Second East-West Economic Corridor, the Singapore-Kunming Rail Link (SKRL) project as well as sharing experiences with the Mekong River Commission (MRC) in formulating and implementing priority programmes in the Mekong River Basin. Pursue and enhance cooperation in the areas of energy and resources, nance, transportation, labour, science and technology, ICT, to narrow the digital divide and develop human resources. Reduce disparities and poverty by creating a supportive environment for intra-regional trade and by promoting human resources development and enhancing institutional capacity building. Develop the ASEAN grass-root economies by promoting commerce and retail activities at the local community level, improving indigenous knowledge, and developing and strengthening Small and Medium Enterprises (SMEs) to enhance self-sufciency and viability of the domestic economy. Enhancing Competitiveness and Promoting Knowledge-based Economy/Society, and Cooperation in the Fields of Education and Science and Technology Exchange information and share experiences on competitiveness and development, such as through establishing an ASEAN-ROK competitiveness forum. Build a Knowledge-based Economy (KBE) by strengthening human and information capital and technology through knowledge-sharing by linking learning institutes and promoting a cooperation mechanism for an information society. The ROK will assist ASEAN in securing the necessary physical and knowledge-based infrastructure to harness information, knowledge and technology to improve the welfare, education and competitiveness of the local communities. Strengthen nancial cooperation, regional capital market development, two-way investment, SMEs, energy security, cooperation in research and development, and HRD in enhancing ASEANs competitiveness. Set up a framework for tourism cooperation, such as joint promotion, marketing, investment, and manpower development. Promote socio-culture cooperation by commencing the promotion of small and medium-size culture enterprises

(SMCE) and exploring future elds of cooperation such as development of competitive products for ASEAN local communities and Cultural Mapping. 5. Enhancing Mutual Understanding Promote educational and cultural cooperation through programmes and activities such as scholarships, scientic research, speech contests in the ASEAN and Korean languages and exchange of cultural performances. Promote people-to-people exchanges among the academia, youth, media practitioners, artists, diplomats and cultural experts to deepen mutual understanding and friendship. Expand mass-media exchanges through television, cinema and print media, and promote ASEAN and Korean sports through exchanges between various cultural and sports institutions. Promoting Cooperation in Coping with Emerging Global Challenges Pursue cooperative activities in food security, food safety and sustainable agricultural development focusing on HRD and capacity building in sanitary and phyto-sanitary measures and agricultural standards. Cooperate on international and regional environmental issues such as environmental management, climate change, biodiversity, and chemicals and hazardous waste in line with commitments made under the various multilateral environmental agreements. Mobilise global community partnerships to strengthen the surveillance system for containing communicable diseases, develop programmes for the prevention and control of such diseases and enhance the competencies of domestic health agencies in supporting domestic and regional health efforts. Cooperation in Regional and International Arena Cooperate in international fora, such as the UN, World Trade Organisation (WTO) and Bretton Woods Institutions to promote and maintain regional and international peace, stability and development, and to ensure greater benets for all from globalisation. Cooperate closely to further common interest in intraregional and inter-regional cooperation in ASEAN led fora such as ARF, the ASEAN Plus Three process and other fora such as the Asia Cooperation Dialogue (ACD), 8.

Asia-Europe Meeting (ASEM), Asia-Pacic Economic Cooperation (APEC), and Forum for East Asia and Latin America Cooperation (FEALAC). Deepening East Asia Cooperation Work towards the strengthening of East Asia cooperation through the active implementation of the East Asia Study Group (EASG) measures adopted by the ASEAN Plus Three Summit in Phnom Penh, Cambodia in 2002. Strengthen functional cooperation in the various agreed elds within the ASEAN Plus Three framework to consolidate cooperation. Cooperate closely to further common interest in scrutinising the prospects and challenges of an East Asia community, through fora such as the East Asia Forum, ASEAN Plus Three Summit, and other related meetings, including the proposed East Asia Summit. Implementation and Funding Arrangements

A detailed Plan of Action will be developed by our Ministers for consideration and adoption at the ASEANROK Summit in 2005 in Malaysia. Existing funding mechanisms will be augmented and strengthened, including the SCF and the FOCP Fund, for effective implementation of activities in line with this Declaration. Requisite resources will be provided by ASEAN and the ROK to implement the activities in accordance with their respective capacities, including by mutually exploring creative resource mobilisation strategies. Progress made in realising the objectives of this Declaration will be reviewed by our Ministers and other mechanisms within the dialogue framework.

SIGNED in Vientiane, Lao PDR, this Thirtieth Day of November in the Year Two Thousand and Four in two originals in the English language.

6.

In order to realise the purposes of this Declaration, we agreed to the following:

4.

For Brunei Darussalam

For the Republic of Korea

HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam

ROH MOO-HYUN President

7.

For the Kingdom of Cambodia

SAMDECH HUN SEN Prime Minister

92
ASEAN Documents Series 2004 ASEAN Documents Series 2004

93

For the Republic of Indonesia

For the Republic of the Philippines

ANNEX Core Elements of the Framework Agreement for ASEAN-Korea Free Trade Area

DR. SUSILO BAMBANG YUDHOYONO President

GLORIA MACAPAGAL-ARROYO President

ASEAN and Korea shall develop a Framework Agreement which provides basic rules and principles for future cooperation including negotiations for establishment of an ASEAN-Korea FTA (AKFTA) at an early date. The core elements for the Framework Agreement are as follows. Coverage: (i) Comprehensive liberalisation and facilitation of economic relations between ASEAN and Korea inter alia, trade in goods, trade in services, and investment;

S&D treatment to ASEAN and additional exibility for the CLMV countries in the implementation of measures in the Framework Agreement; and (ii Negotiation sequencing matters: comprehensive negotiations for all three pillars; trade in goods, services and investment, as well as economic cooperation activities.

For the Lao Peoples Democratic Republic

For the Republic of Singapore

Others: (i) Conclusion of a Framework Agreement to facilitate negotiations and draw out concrete commitments from 11 participating countries; and

BOUNNHANG VORACHITH Prime Minister

LEE HSIEN LOONG Prime Minister

(ii) Identication and abolition of NTBs, and introduction of disciplines to ensure that the NTMs do not impede trade; (iii) Comprehensive range of economic cooperation including, but not limited to: SMEs, customs procedures, tourism, trade and investment promotion, capacity building etc.; (iv) Consultation and dispute settlement mechanisms on issues arising from the interpretation and application of the measures for implementing the agreement; and (v) Development of infrastructure especially for the CLMV countries. Level of Liberalisation:

(ii) Making efforts on the early realisation of a FTA, taking into account, inter alia, (a) The accordance of MFN treatment, consistent with WTO rules and principles, for ASEAN countries who are non-WTO members; (b The importance of economic cooperation; and

For Malaysia

For the Kingdom of Thailand

DATO SERI ABDULLAH AHMAD BADAWI Prime Minister

DR. THAKSIN SHINAWATRA Prime Minister

For the Union of Myanmar

For the Socialist Republic of Viet Nam

(i) (ii

Substantive liberalisation in all sectors, with the provision of exibility where appropriate; and Consideration of sensitivities in particular sectors and the different stages of economic development of each participating country.

(c The possibility of achieving Early Results prior to the establishment of a free trade area, through the immediate implementation of measures mutually agreed upon in the Framework Agreement, by commencing such tariff elimination for products which are not sensitive to either side, and economic cooperation projects yielding mutual benets. The negotiations on the AKFTA shall commence in early 2005 and be completed within two years. The AKFTA will be realised at an earlier date, with a goal of achieving as high a level of liberalisation as possible, whereby at least 80% of products will have zero tariffs in 2009, and with consideration for special and differential treatment and additional exibility for new ASEAN Member Countries. The AKFTA will have differentiated timelines for the ROK and ASEAN-6 on the one hand, and the Cambodia, Laos, Myanmar and Viet Nam (CLMV Countries) on the other.

LIEUTENANT GENERAL SOE WIN Prime Minister

PHAN VAN KHAI Prime Minister

Negotiation modalities: (i) Negotiation between ASEAN and Korea as a whole; taking into account sensitivities in particular sectors and the different stages of economic development of each participating country, in particular, provision of

94
ASEAN Documents Series 2004 ASEAN Documents Series 2004

95

ASEAN-Japan Joint Declaration for Cooperation to Combat International Terrorism


Vientiane, Laos, 30 November 2004
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam, Member Countries of the Association of Southeast Asian Nations (ASEAN) and Japan (hereinafter referred to collectively as the participants); MINDFUL of the 2001 ASEAN Declaration on Joint Action to Counter Terrorism, which, inter alia, undertakes to strengthen cooperation at bilateral, regional and international levels in combating terrorism in a comprehensive manner and afrms that at the international level the United Nations should play a major role in this regard; REAFFIRMING their determination to prevent, suppress and eliminate all forms of international terrorism in accordance with the Charter of the United Nations, international law and all the relevant United Nations resolutions or declarations on international terrorism, and reafrming that the United Nations should play a major role in combating terrorism; REAFFIRMING their unequivocal condemnation of all acts, methods and practices of terrorism in all its forms and manifestations, wherever and by whomever committed, as criminal and unjustiable; RECOGNISING that the threat of terrorism remains a global security concern and determined to address the threat posed by terrorists to the peace, security, stability and prosperity in the region; REJECTING any attempt to associate terrorism with any religion, race or nationality; RECALLING the Tokyo Declaration for the Dynamic and Enduring ASEAN-Japan Partnership in the New Millennium signed on 12 December 2003 in Tokyo, in which the parties reafrmed the spirit of cooperation in the ght against terrorism and the shared recognition of the importance of counter terrorism cooperation; SHARING the view that successfully eliminating terrorism requires a comprehensive approach that includes addressing its underlying causes; ACKNOWLEDGING the remarkable achievements made by the ASEAN Member Countries in the ght against terrorism and welcoming the enhanced counter-terrorism measures taken by the ASEAN Member Countries in preventing the recurrence of terrorist attacks; RECOGNISING the principles of sovereign equality, territorial integrity and non-intervention in the domestic affairs of other states; and ENCOURAGED by the strong cooperation between the Member Countries of ASEAN and Japan on security, intelligence and law enforcement matters, and desiring to strengthen and expand this cooperation to ght international terrorism through the ASEAN Ministerial Meeting on Transnational Crime (AMMTC), as the leading ASEAN body for combating terrorism, and other mechanisms; Solemnly declare as follows: Objectives: 1. ASEAN and Japan reafrm the importance of having a framework for cooperation to prevent, disrupt and combat international terrorism through information exchange, intelligence sharing and capacity-building. 2. The participants emphasise that the purpose of this cooperation is to enhance the efcacy of those efforts to combat terrorism. Scope and Areas of Cooperation 3. The participants stress their commitment to implement the principles laid out in this Declaration, in accordance with their respective domestic laws and their specic circumstances, in any or all of the following activities and to review them at an appropriate existing meeting; i) Strengthen exchange of information and law enforcement cooperation on the activities of terrorists and terrorist organisations; including through extradition and mutual assistance in criminal matters to bring terrorists to justice; Ensure the early conclusion and implementation of all relevant counter-terrorism conventions and protocols and the full compliance of all the relevant

United Nations Resolutions on international terrorism, including Security Council Resolutions 1267, 1269, 1373, 1390, 1455, 1456 and 1540 in accordance with article 25 of the United Nations Charter; iii) Strengthen necessary measures to counter and prevent the nancing of terrorists and terrorist organisations and the use of alternative means of remittance such as illegal money transfer; iv) Implement appropriate measures so that terrorists will not use charitable organisations and groups to cover their activities; v) Strengthen immigration controls to prevent the movement of terrorist and provide assistance to address border and immigration control challenges;

xi) Continue to support development projects that aim at reducing poverty and socio-economic disparity and injustices, as well as promoting the elevation of standard of living, in particular of underprivileged groups and people in underdeveloped areas; Participation 4. The ASEAN Member Countries are called upon to become as a matter of urgency parties to all 12 United Nations conventions and protocols relating to terrorism. 5. The participants are called upon to designate their respective agency to coordinate with law enforcement agencies, authorities dealing with countering terrorist nancing and other concerned government agencies, and to act as the National Focal Point for the purposes of implementing this Declaration. Disclosure of Information 6. The participants expect that no condential information, documents or data received in connection with this Declaration shall be disclosed or distributed to any third party, at any time, except to the extent agreed in writing by the participant that provided the information. Implementation 7. All the participants are urged to promote and implement in good faith and effectively the provisions of the present Declaration in all its aspects. ADOPTED by the Heads of State/Government of ASEAN Member Countries and Japan on this Thirtieth Day of November 2004 in Vientiane, Lao Peoples Democratic Republic

vi) Develop cooperation to enhance national transport security, including aviation security, maritime security and container security as agreed in the framework of ARF, ASEAN+3 and the ASEAN and Japan Transport Ministers Meeting; vii) Strengthen capacity-building efforts through training and education; consultations between ofcials, analysts and eld operators; dispatch of experts, seminars, and conferences, and joint projects as appropriate; viii) Continue to develop cooperative projects with the Southeast Asia Regional Centre for Counter-Terrorism (SEARCCT) in Malaysia and explore cooperation with the International Law Enforcement Academy (ILEA) in Thailand and the Jakarta Center for Law Enforcement Cooperation (JCLEC) in Indonesia; ix) Develop multilateral cooperation on ghting against terrorism in the international fora; x) Develop detailed cooperative measures in the areas identied above; and

ii)

96
ASEAN Documents Series 2004 ASEAN Documents Series 2004

97

II. POLITICAL AND SECURITY COOPERATION

b.

Joint Communiqu th of the 37 ASEAN Ministerial Meeting


Jakarta, Indonesia, 29-30 June 2004
INTRODUCTION 1. We, the Ministers of Foreign Affairs of the Association of Southeast Asian Nations (ASEAN), met in Jakarta on 29-30 June 2004, the rst time since the ASEAN Leaders decided to establish an ASEAN Community. The meeting was chaired by H.E. Dr. N. Hassan Wirajuda, Minister for Foreign Affairs of the Republic of Indonesia. We met under the theme Striving For Full Integration of ASEAN: A Prosperous, Caring and Peaceful Community, during which we reafrmed our countries commitment to establish an ASEAN Community by 2020, comprising the ASEAN Security Community, the ASEAN Economic Community and the ASEAN Socio-cultural Community. In this regard, our meeting was essential in discharging our responsibility to assist our Leaders chart the course towards that end. We recommended to the 10th ASEAN Summit in Vientiane the endorsement of the Plans of Action for the ASEAN Security Community and the ASEAN Socio-cultural Community and the successor plan of the Hanoi Plan of Action. We were encouraged by the important progress in the development of the ASEAN Security Community, which we believed would lead to an ASEAN that is at peace with one another and with the world at large. We agreed that the ASEAN Security Community would strengthen our capacity to deal with security challenges, both traditional and non-traditional security issues. The ASEAN Security Community would strengthen ASEAN relations with Dialogue Partners and its other friends and would enhance ASEANs role as the ARFs primary driving force. We welcomed the signicant progress in realizing the establishment of the ASEAN Economic Community, a community that would be a single market and production base with a free ow of goods, services, investment, and skilled labor and freer ow of capital. We were condent that the deepening and broadening economic integration would lead to a stable, prosperous, and highly competitive ASEAN region. 6. 5. We further noted with satisfaction our cooperation in social development. We commended the important work directed towards the formulation of a Plan of Action on the ASEAN Socio-cultural Community to complete the three pillars of the ASEAN Community. We agreed that the ASEAN Socio-cultural Community is a community of caring societies, diverse in culture yet with a distinctive regional identity. We agreed to work towards development of an ASEAN Charter which would, inter alia, reafrm ASEANs goals and principles in inter-state relations, in particular the collective responsibilities of all ASEAN Member Countries in ensuring non-aggression and respect for each others sovereignty and territorial integrity; the promotion and protection of human rights; the maintenance of political stability, regional peace and economic progress; and the establishment of effective and efcient institutional framework for ASEAN.

2.

as past measures are becoming inadequate, ASEAN could not resort to business as usual, but must respond with intelligence and creativity and with all the strength it could muster; c. the Declaration of ASEAN Concord II and its envisaged ASEAN Community comprising three pillars of ASEAN Security Community, ASEAN Economic Community, and ASEAN Socio-cultural Community serves as the framework on which ASEAN can nd and marshal its strength; d. by putting its house in order and by increasing its cohesiveness and solidarity, ASEAN could thus deal more effectively with the dynamics of its regional and international environment, including in the ASEAN+3 processes; and e. as democracy is taking place all over the world, Asia is fortunate because democracy is neither being imposed nor just a mindless imitation of western systems. This trend is evident in the free, honest and democratic elections successfully held this year in the Republic of Korea, Malaysia, Sri Lanka, India, the Philippines and Indonesia. ASEAN COMMUNITY 9. We had taken steps to implement our Leaders decision to establish an ASEAN Community comprising three pillars, namely political and security cooperation, economic cooperation, and socio-cultural cooperation that were closely intertwined and mutually reinforcing for the purpose of ensuring durable peace, stability and shared prosperity. We have made quite substantial progress in the past nine months since the adoption of the Bali Concord II in the formulation and nalization of plans of actions of those three pillars as the basis in our strive towards full integration. Vientiane Action Programme 10. We noted with satisfaction of the Assessment Report on the Implementation of the Hanoi Plan of Action (HPA) and agreed that the successful implementation of the HPA signicantly contributed to the realization of ASEAN goals set by ASEAN Vision 2020 and the Bali Concord II. 11. We discussed the draft of the Vientiane Action Programme (VAP) and agreed that it should be consistent with the goals and objectives of the ASEAN Vision 2020 and the Declaration of ASEAN Concord II. As a successor to the HPA, the VAP is a six-year plan to realize the medium-term goals of the ASEAN Community, while focusing, inter alia, on deepening regional integration and narrowing the development gap between and among Member Countries, particularly the least developed Member Countries.

ASEAN SECURITY COMMUNITY ASEAN Security Community Plan of Action 12. We commended Indonesia for developing and elaborating the ASEAN Security Community (ASC) Plan of Action. We appreciated the substantive work that had been undertaken by our Senior Ofcials in developing the ASC Plan of Action, and agreed on the text they had prepared. We further agreed to recommend the text for adoption by the Leaders at the 10th ASEAN Summit in Vientiane, to be annexed to the Bali Concord II. We looked forward to the report by the Indonesian Foreign Minister to the Leaders at that Summit. Political Cooperation 13. We discussed a wide range of issues of ASEAN political cooperation with due regard to the cardinal principle of non-interference within the spirit of an ASEAN family. 14. We congratulated Malaysia, Indonesia and the Philippines for their success in holding free and peaceful elections. We believed that these elections have contributed to the attainment of a just, democratic and harmonious Southeast Asia as called for in the Declaration of ASEAN Concord II. We looked forward to a similarly successful round of Indonesias coming rst direct presidential elections. 15. We noted the brieng given by Myanmar on the reconvening of its National Convention and the development thereon. We acknowledged the potential of the Convention in paving the way for new constitution and the holding of elections in keeping with it. We recalled and emphasized the continued relevance of the Joint Communiqu of the 36th AMM and the Chairmans Press Statement of the 9th ASEAN Summit. In this regard, we underlined the need for the involvement of all strata of Myanmar society in the on-going National Convention. We encouraged all concerned parties in Myanmar to continue their efforts to effect a smooth transition to democracy. We recognized the role of the Special Envoy of the United Nations Secretary-General in assisting Myanmar to achieve this goal. Treaty of Amity and Cooperation 16. We reafrmed the importance of the Treaty of Amity and Cooperation in Southeast Asia (TAC) as the key code of conduct governing relations between States and a diplomatic instrument for the promotion of peace and stability in the region. We also reiterated our commitment to enhance cooperation with States outside Southeast Asia in the strengthening of international peace, security and stability. Within this context, we warmly welcomed

OPENING SESSION 7. Present for the Opening Session was the Special Envoy of the Government of Papua New Guinea, a special observer in ASEAN. His Excellency Mr. Jos RamosHorta, Senior Minister and Minister of Foreign Affairs and Cooperation of the Democratic Republic of TimorLeste, was present as guest of the Chairman of the 37th ASEAN Standing Committee. Her Excellency Megawati Soekarnoputri, President of the Republic of Indonesia, graced our meeting with a keynote address, which we deeply appreciated. In her address, President Megawati Soekarnoputri, inter alia, expressed the view that: a. In spite of ASEANs success in the past as a force for peace and stability and prosperity in the Asia-Pacic region, it must endeavor to address todays and tomorrows formidable array of global and regional challenges. These challenges include surging unilateralism and new or continuing conicts; precarious regional and international economic situation; new and continuing epidemics; and transnational crimes, including terrorism;

3.

8.

4.

98
ASEAN Documents Series 2004 ASEAN Documents Series 2004

99

the accession of China and the Republic of India to the TAC at the ASEAN+China and ASEAN-India Summits in Bali, October 2003, and looked forward to the accession to the TAC by Japan and Pakistan on 2 July 2004. We encouraged other non-Southeast Asian countries to accede to the Treaty. Southeast Asia Nuclear Weapon-Free Zone Treaty 17. We reafrmed the importance of vigorous efforts to further strengthen cooperation in supporting the implementation of the Treaty on Southeast Asia Nuclear Weapon-Free Zone, with a view to promoting the purposes and objectives of the Treaty, particularly ensuring early accession of the Nuclear Weapon States. We agreed to work together in a spirit of amity and cooperation to resolve the outstanding issues and called on the Nuclear Weapon States to show maximum exibility and work together with ASEAN on this matter. We welcomed Chinas readiness to sign the Protocol. ASEAN Regional Forum 18. We welcomed our Leaders reafrmation, made at the 9th ASEAN Summit, of the role of the ARF as the primary forum in enhancing political and security cooperation in the Asia Pacic region, as well as the pivot in building peace and stability in the region. We resolved to ensure that ASEAN shall continue to enhance its leading role to further the momentum of cooperation in further advancing the ARF process, as its contribution to the maintenance of peace, security and stability in the Asia Pacic region. 19. We expressed appreciation to the ARF Chair for carrying out initiatives of the enhanced role of the Chair and regarded these as important contributions in further strengthening the ARF. 20. We endorsed the establishment of the ARF Unit within the ASEAN Secretariat, which we believed could serve to advance the ARF process, particularly ASEANs leading role in the ARF and the enhanced role of the ARF Chair. 21. We recalled our agreement to lift the moratorium and to consider the application of new participants of the ARF on a case-by-case basis. In this regard, we welcomed the concurrent views of all ARF participants to admit Pakistan into the ARF. We looked forward to Pakistans participation in the ARF and to its contribution to peace and security in the Asia Pacic region. South China Sea 22. We reafrmed the Declaration on the Conduct of Parties (DOC) in the South China Sea, which we signed with

China in Phnom Penh on 4 November 2002, as an important step towards the adoption of the Code of Conduct in South China Sea that is crucial for promoting peace, security and stability in the region. We welcomed the stock-taking in the implementation of all provisions of the DOC and to undertake condence-building and cooperative measures that could contribute to the sustainability of peace and stability in the region. We reiterated our call for all parties concerned to seek to deal with the disputes in the South China Sea by peaceful means in accordance with international law, including the United Nations Convention on the Law of the Sea. We welcomed the recommendation of the ASEAN Senior Ofcials for follow-up action, including the establishment of an ASEAN-China Working Group and a review mechanism, in order to incrementally implement the DOC. 23. We appreciated the efforts of the Indonesian Government in holding the informal workshop on Managing Potential Conict in South China Sea since 1990 that has contributed to the comfort level of the ongoing process. 24. We noted with appreciation the initiative of the Philippines Government in carrying out Exercise Luzon Sea Phase 1 - Palawan Expedition as a practical application of Part IX of the 1982 Law of the Sea Convention on the cooperation of states in enclosed and semi enclosed seas which is encouraged under Paragraph 6 of the DOC. Transnational Crimes 25. We welcomed the Joint Communiqu of the 4th ASEAN Ministers Meeting on Transnational Crime (AMMTC) and the Joint Communiqu of the 1st AMMTC+3 on 8 January 2004 and 10 January 2004, respectively, in Bangkok. In this regard, we stressed the central role of the AMMTC in the region-wide initiatives and cooperation in ghting transnational crime. Furthermore, we commended the signing of the Memorandum of Understanding between ASEAN and China on Cooperation in the Field of NonTraditional Security Issues, in Bangkok on 10 January 2004, which provides concrete and operational measures on cooperation in the eld of non-traditional security issues, including counter-terrorism, between ASEAN and China. We were encouraged by the progress made under the Regional Ministerial Conference on People Smuggling, Trafcking in Persons and Related Transnational Crimes (Bali Process) which helped enhance the regional and national capacity to combat people smuggling and trafcking in persons, particularly in the areas of public awareness raising, legislative development and law enforcement. Terrorism 26. We reiterated our strongest condemnation of terrorism in all its form and manifestation. We emphasized the

need to address the root causes of terrorism and rejected any attempt to associate terrorism with any religion, race, nationality or ethnic group. We reviewed the intensied cooperation among ASEAN Member Countries in the ght against terrorism, which had made possible the arrest of persons engaged in terrorist activities and helped prevent the occurrence of terrorist acts. We called for greater concerted and coordinated efforts and concrete initiatives at all levels in combating terrorism. 27. We renewed our determination to enhance coordination and cooperation with the international community in combating international terrorism. We appreciated the implementation of the ASEAN-US Counterterrorism Work Plan to carry out the ASEAN-US Joint Declaration for Cooperation to Combat International Terrorism. We welcomed, and looked forward to the implementation of, the ASEAN-India Joint Declaration on Cooperation to Combat International Terrorism and current priority of ARF cooperation in ghting international terrorism and transnational crimes, especially ARF Inter-sessional Meetings on Counter-Terrorism/Transnational Crime (ISM on CT/TC). We looked forward to the signing of ASEAN-Australia Joint Declaration for Cooperation to Combat International Terrorism and the ASEANRussian Federation Joint Declaration for Cooperation to Combat International Terrorism. We also looked forward to the concrete implementation of the Joint Declaration on Cooperation to Combat Terrorism, adopted at the 14th ASEAN-EU Ministerial Meeting (AEMM) in Brussels in January 2003. 28. We commended the holding and welcomed the practical outcomes of the Bali Regional Ministerial Meeting on Counter-Terrorism, held in Bali on 4-5 February 2004, as an important contribution to the efforts at national, regional and international levels to combat terrorism. We welcomed the establishment of the Jakarta Center for Law Enforcement Cooperation (JCLEC) and noted its mandate to network with other regional centers, such as the International Law Enforcement Academy (ILEA) in Bangkok and the Southeast Asia Regional Center for Counter Terrorism (SEARCCT) in Kuala Lumpur on the basis of complementarity and non-duplication of their activities. We looked forward to continuing our cooperation in the training of ofcials involved in counterterrorism through SEARCCT, JCLEC and ILEA. ASEAN Maritime Cooperation 29. Reafrming that maritime cooperation is vital to the evolution of the ASEAN Security Community, we agreed to foster maritime cooperation between and among ASEAN countries in a holistic, integrated and comprehensive manner, and explore the possibility of establishing a maritime forum.

Other Area of Cooperation 30. We reafrmed our commitment to the protection and promotion of human rights. In this regard, we noted the ongoing ASEAN efforts and dialogues with the nongovernmental Working Group for an ASEAN Human Rights Mechanism, as well efforts to enhance the exchange of views among different sectors in ASEAN towards the realization of an ASEAN human rights mechanism. We took note of the meeting between the ASEAN Senior Ofcials and the Working Group for an ASEAN Human Rights Mechanism in Jakarta on 28 June 2004. We noted the establishment of national human rights mechanism in some Member Countries. We also noted the conclusions and recommendations of the Fourth Workshop on ASEAN Regional Mechanism on Human Rights held in Jakarta on 17-18 June 2004.

ASEAN ECONOMIC COMMUNITY 31. We commended the work on the realization of the ASEAN Economic Community to follow up the decisions of the 9th ASEAN Summit, particularly on the progress achieved in the implementation of various measures for the 11 sectors identied for priority integration. We lauded the decision taken by the ASEAN Economic Ministers (AEM) to develop individual sectoral integration roadmaps of the 11 priority sectors and to submit all nalized roadmaps and a general Framework Agreement to guide the implementation of the roadmaps for signing by the Leaders at the 10th ASEAN Summit in Vientiane. 32. We welcomed the ongoing negotiations in regional FTAs such as the ASEAN-Japan Comprehensive Economic Partnership and the ASEAN-China and ASEAN-India FTAs as important steps towards our goal of greater regional economic integration. 33. We welcomed the enhancement of economic relations between ASEAN and its Dialogue Partners, both at the regional and bilateral levels. We commended the efforts of all parties concerned in promoting closer economic linkages with ASEAN, including through the ASEANChina Framework Agreement on Comprehensive Economic Cooperation, ASEAN-Japan Framework for Comprehensive Economic Partnership (CEP), ASEANIndia Framework Agreement on Comprehensive Economic Cooperation and Trans-Regional EU-ASEAN Trade Initiative (TREATI). We also welcomed the proposal of the ASEAN Economic Ministers to launch ASEAN-CER FTA negotiations this year. We called for the early conclusion of the ASEAN-United States Trade and Investment Framework Agreement. We welcomed the ongoing Joint Study on Comprehensive Economic Cooperation between ASEAN and the Republic of Korea, which would serve as the basis for an ASEAN-

100
ASEAN Documents Series 2004 ASEAN Documents Series 2004

101

Republic of Korea FTA. We followed with interest the ongoing bilateral FTA negotiations between ASEAN Member Countries and Dialogue Partners. Initiative for ASEAN Integration 34. We expressed our satisfaction at the overall progress in the implementation of the IAI Work Plan projects and stressed the need to secure funding support for carrying out a number of remaining projects. We urged new approaches and strategies to be developed to get more funding support from within ASEAN, ASEANs Dialogue Partners and other interested parties. In this regard, we welcomed the initiative to set up the co-shepherd mechanism between ASEAN-6 and Cambodia, Lao PDR, Myanmar, and Viet Nam in order to jointly take charge of moving forward the implementation of the IAI projects. We also urged China, Japan, the Republic of Korea and India to jointly implement the IAI projects with ASEAN. Sub-regional Growth Areas 35. We reafrmed the contribution of the sub-regional growth areas in bridging the development gaps in ASEAN and welcomed the support of the ASEAN Dialogue Partners, the private sector and the Asian Development Bank in these areas. 36. We appreciated the recent mission conducted by China, and welcomed the commitment by Japan and the Republic of Korea to contribute in developing Brunei DarussalamIndonesia-Malaysia-the Philippines East ASEAN Growth Area (BIMP-EAGA). We took note of the interest of the Northern Territory of Australia to establish close linkages and partnership with the BIMP-EAGA region. 37. We reviewed the development of the ASEAN-Mekong Basin Development Cooperation (AMBDC) and noted that our Dialogue Partners have agreed to provide technical assistance to the Singapore-Kunming Rail Link Project (SKRL), a agship project of AMBDC. We welcomed the support of the Republic of Korea for the Feasibility Study for the Missing Links and Spur Lines of the SKRL in CLMV Countries.We also appreciated Chinas contribution to the preparation work of the Cambodia section of the SKRL and also Malaysias commitment in assisting Cambodia to complete the 48km missing link from Poipet to Sisophon. The Meeting noted that this would be the rst hard infrastructure assistance from a member of ASEAN-6 to the IAI. This development is an important step forward for the implementation of the SKRL. We also welcomed the assistance of Japan for Mekong Sub-region development. The Role of Private Sector 38. Recognizing the importance of business sectors participation on regional economic integration, we

welcomed the decision of the ASEAN Business Advisory Council to develop an Action Plan for the Business Sector and to jointly organize the Second ASEAN Business and Investment Summit with the Lao National Chambers of Commerce and Industry preceding the 10th ASEAN Summit in Vientiane. ASEAN SOCIO-CULTURAL COMMUNITY ASEAN Socio-cultural Community Plan of Action 39. We commended the Philippines for developing and elaborating the ASEAN Socio-cultural Community (AScC) Plan of Action and endorsed the basic principles embodied in the Plan of Action. The Plan of Action contains the four elements of ASEAN Socio-cultural Community which include building a community of caring societies, managing the social impact of economic integration, promoting environmental sustainability and strengthening regional identity. We looked forward to nalizing the Plan of Action at our informal meeting in New York on 28 September 2004 for the ASEAN Leaders to adopt during the 10th ASEAN Summit in November 2004 to be annexed to the Bali Concord II. Women 40. We welcomed the signing of the Declaration on the Elimination of Violence against Women in the ASEAN Region. We believed that the Declaration would further strengthen regional cooperation, collaboration and coordination for the purpose of eliminating violence against women in the region, either individually or collectively. Communicable Diseases 41. We appreciated the decisions made at the Ministerial Meeting on Current Poultry Disease Situation on 28 January 2004 in Bangkok, which reected our serious and collective endeavors to combat Avian Inuenza in the region. In this regard, we agreed to maintain close coordination and further strengthen our cooperation to prevent the spread of other communicable diseases by exchanging information and best practices through the ASEAN Disease Surveillance Network and deepening cooperation with the WHO. 42. We attached great importance to addressing the problem of HIV/AIDS and committed ourselves to strengthening international cooperation both at the regional and global levels to ght against this deadly disease. In this regard, we expressed strong support to Thailand in hosting the upcoming XV International AIDS Conference and the 2nd Asia-Pacic Ministerial Meeting on HIV/AIDS in Bangkok in July 2004.

Environment 43. We noted ASEANs endeavour to conclude by 2004 an ASEAN framework agreement on access to, and fair and equitable sharing of benets arising from, the utilization of biological and genetic resources. 44. In order to achieve the objectives of Johannesburg Plan of Implementation, we called for cooperation with other sub-regions, namely through various partnership schemes with our Dialogue Partners, other countries as well as relevant regional and international organizations, particularly in the 10 priority areas of cooperation. In this regard, we also called on the developed countries to fulll their commitments, particularly in providing nancial resources, enhancing capacity building, and promoting technology transfer to developing countries. 45. We commended the ASEAN Environment Ministers and welcomed the entry into force the ASEAN Agreement on Transboundary Haze Pollution on 25 November 2003 and resolved to further enhance cooperation within the framework of the Agreement. 46. We underscored the importance of further cooperation in the eld of water, sanitation, energy, health, agriculture and bio-diversity through partnership among ASEAN Member Countries as well as between ASEAN and other sub-regional organizations. EXTERNAL RELATIONS 47. We noted the developments and progress made in the cooperation with our Dialogue Partners in various areas and welcomed the measures taken by both sides to revitalize the dialogue partnerships. In the context of development cooperation, we reiterated the importance of upholding the principle of non-discrimination and to implement activities that involve ASEAN as one regional entity. We strongly believed that strengthened cooperation and closer partnerships between ASEAN and its Dialogue Partners would significantly contribute to maintaining peace and stability and accelerate economic developments in their respective regions and in the world. 48. We noted with satisfaction the overall progress of the ASEAN+3 cooperation.We reafrmed our determination to continue to drive the ASEAN+3 cooperation and to work with China, Japan and the Republic of Korea in promoting East Asia cooperation through that process. We emphasized that an East Asian community is a long-term objective for East Asia cooperation to be developed through the existing ASEAN+3 mechanism and supported the idea of convening the East Asia Summit at an appropriate time.

49. We welcomed the establishment of the ASEAN+3 Unit within the ASEAN Secretariat, which will assist the ASEAN Chair in coordinating ASEAN+3 cooperation. We were encouraged by the progress made in the implementation of the 17 short-measures recommended by the East Asia Study Group (EASG) and called for the start to implement the remaining measures. We took note of other initiatives designed to further strengthen ASEAN+3 cooperation, including the East Asia Congress (EAC) held in Kuala Lumpur. We welcomed the convening of the 2nd Meeting of the Network of East Asia Think-tanks (NEAT) in Thailand on 16-17 August 2004 and the 2nd East Asia Forum (EAF) in Malaysia on 6-7 December 2004. 50. We noted that under the new format of the Post Ministerial Conferences, ASEAN would hold six sessions of ASEAN PMC+1 with Australia, Canada, the EU, New Zealand, Russia, the United States in Jakarta, 1 July 2004, and meet our counterparts from China, India, Japan and the Republic of Korea in four separate sessions prior to the annual ASEAN Summit in Vientiane in November. 51. We endorsed the recommendation of the ASEAN Economic Ministers to the ASEAN Leaders to convene a summit with Australia and New Zealand, that should be designated as ASEAN-Australia-New Zealand Commemorative Summit. This commemorative summit is a one-off event, covering all issues of common concern, and to be convened in the afternoon following the 10th ASEAN Summit and other related summits next November in Vientiane. 52. We expressed strong support for the on-going UN reform efforts aimed at improving the effectiveness and efciency of the UN system, and looked forward to our meeting in New York this September with the Chairman of the High Level Panel of Threats, Challenges and Change established by the UN Secretary General. We welcomed the initiative to strengthen ASEAN-UN cooperation. We also welcomed the new practice of holding our dialogue with the UN Secretary-General during the UN General Assembly session. In this regard, we are actively considering requesting for an observer status in the United Nations General Assembly. We believed that an institutional relationship with the United Nations would support the realization of ASEAN Community, as well as efforts to strengthen cooperation between ASEAN and the UN as stipulated in United Nations General Assembly Resolution 57/35 of 21 November 2002 on Cooperation between the United Nations and the Association of South-East Asian Nations . To strengthen ASEANs role in the UN, we reafrmed that the Permanent Representatives of ASEAN Member Countries and the Permanent Representative of China to the United Nations could have regular consultations. We also expressed our

102
ASEAN Documents Series 2004 ASEAN Documents Series 2004

103

strong support for action made by the Asian Group in New York to emphasize that it was Asias turn as the next UN Secretary General. INTERNATIONAL AND REGIONAL ISSUES Iraq 53. We welcomed the full reassertion of the sovereignty of Iraq on 28 June 2004. We emphasized the need to ensure substantive materialization of this sovereign status. We stressed the need for the full implementation of the United Nations Security Council Resolution 1546 (2004) on Iraq. We further emphasized the central role of the United Nations in the process of political transition from the sovereign interim government to a democratic government; reconstruction; and development of the country. We are concerned by the deteriorating security situation in the country, and it is our hope that a durable solution could be attained in order to achieve peace, security, stability, and national reconciliation for the well-being of the Iraqi people. Middle East 54. We expressed our grave concern over the deterioration of the situation in the Occupied Palestinian Territory, including East Jerusalem. We condemned all acts of violence. We rmly believed that such acts on violence, if left unchecked, would destroy the peace efforts in the Middle East as well as prolong the humanitarian tragedy in Palestine. We reiterated our deep regret that the Road Map has yet to be implemented, and expressed hope that the international community and the Quartet will undertake the necessary measures to salvage to Road Map and implement its provisions towards its stated aims and goals. In this connection, we underlined the need for all efforts to be made to resume the process for a permanent settlement of the conict based on United Nations Security Council Resolutions 242, 338, 1397, and 1515. We look forward to the realization of the vision of two states; Israel and Palestine, living side by side in peace within secured and recognized borders. We also reafrmed the important role of the Security Council with regard to the situation in the Occupied Palestinian Territory and peaceful settlement of the Israeli-Palestinian conict. Korean Peninsula 55. We recognized the impact of the nuclear issue on the Korean Peninsula on peace, stability and security of the wider Asia Pacic region. We emphasized the need for the parties concerned to nd peaceful solution through dialogue in the spirit of equality and mutual respect. In this regard, we welcomed the convening of the series of Six Party Talks involving China, DPRK, Japan, Republic of Korea, Russia, and the United

States. We welcomed and noted the outcomes of these talks, including the most recent round held in Beijing on 23-25 June 2004. We urged all parties concerned to continue their efforts in order to seek a lasting solution to achieve peace and stability on the Korean Peninsula. On its part, ASEAN stands ready to assist the parties concerned to achieve these objectives. Asian-African Summit 2005 and the Commemoration of the Golden Jubilee of the Asian-African Conference 1955 56. We recalled our commitment at the 8th ASEAN Summit in Phnom Penh in November 2002 to revitalize Asia-Africa cooperation, including promoting closer ties between ASEAN and NEPAD. In this regard, we welcomed the decision of the Government of the Republic of Indonesia to host the Asian-African Summit on 21-23 April 2005 in conjunction with the Commemoration of the Golden Jubilee of the AsianAfrican Conference of 1955. This Summit will revitalize the Bandung spirit of Asian-African Conference of 1955 through the establishment of a New Strategic Partnership to promote peace, prosperity and progress in the two continents. It would also reinforce the efforts of ASEAN Member Countries to forge closer economic partnership with Africa under the NEPAD. Asia Cooperation Dialogue 57. We noted the rapid progress of Asia Cooperation Dialogue (ACD) initiated by Thailand as a forum for all Asian countries to combine their strengths in order to create synergy for the enhancement of mutual peace and prosperity in the region. We were further encouraged by the results of the Third ACD Foreign Ministers Meeting held on 21-22 June 2004 in Qingdao, China, which deepened existing collaborative projects among ACD Member Countries and expanded cooperation into other areas of mutual interest and benet. 58. We also noted with satisfaction signicant progress on regional bond market development, and in this regard we would seek to implement the Chiang Mai Declaration on Asian Bond Market Development adopted by the 2nd ACD Ministers Meeting in June 2003, including the future establishment of the Asian bond fund which would invest in local currency denominated bonds, strengthen nancial market information sharing, develop capital markets and support efforts to facilitate regional investments. ACMECS 59. We welcomed the inaugural Ayeyawady-Chao PhrayaMekong Economic Cooperation Strategy (ACMECS) Summit Meeting in Bagan, Myanmar, in November

2003, which launched a new sub-regional framework of cooperation to support the Mekong Sub-region development and further reinforcing the process of regional integration and narrowing the development gap within the region. FEALAC 60. Recognizing the importance of fostering cooperation between Asia and Latin America, we welcomed the Philippines successful hosting of the FEALAC. We reafrmed our support for the Manila Plan of Action, which addressed economic, political, and security issues of mutual concern to East Asia and Latin America, as well as strengthened administrative arrangements to make FEALAC more efcient. ASEM 61. We expressed ASEANs full support for Viet Nam to successfully hold the Fifth Asia-Europe Meeting (ASEM) Summit on 8-9 October 2004 thus contributing to further revitalizing and substantiating the AsiaEurope partnership. We were of the view that substantive progress in Asia-Europe cooperation should not be made contingent upon the question of membership enlargement. In the meantime, we recalled the commitment of the ASEAN Leaders at the Fourth Informal ASEAN Summit in Singapore in 2000 for all ten ASEAN countries to participate together in the ASEM. In this regard, we reafrmed our continued support for the remaining ASEAN Member Countries, namely Cambodia, Laos and Myanmar, to join concurrently the ASEM. APEC 62. We commended the efforts exerted by APEC to pursue free trade and investment by 2010 and 2020. Accordingly, we supported APECs contribution to the WTO negotiation process and urged that this endeavor be continued. We encouraged APEC to carry on its efforts in ensuring trade security and promoting economic cooperation to reduce the gap among economies in the region. WTO Issues 63. We welcomed the recent initiatives by Members of the WTO to revitalize the negotiation in Doha Round. We reiterated our readiness to work constructively with all WTO members to achieve an outcome consistent with the goals contained in the Doha Declaration. In this regard, we reiterated that development related issues should continue to remain the center of multilateral trade negotiations. We encouraged our major trading partners particularly from the developed world, to show

exibility and to take into account the development needs and interests of developing Members of the WTO. We afrmed our continued support for the early accession of Laos and Viet Nam into the WTO. UN Millennium Development Goals 64. We reiterated that the Millennium Development Goals (MDGs) had clearly set specic targets for countries to fulll in close cooperation with the international community. In this regard, we reafrmed our commitment to enhance our cooperation to achieve the objectives of MDGs. We emphasized our commitment to translate commitments into actions, including through the creation of a genuine global and regional partnership among governments, international organizations and all relevant stakeholders. 65. We agreed that the attainment of the MDGs required a comprehensive approach, which included, among others, the fulllment of the commitments adopted by the major international conferences held in the recent years, namely the Monterrey Consensus of March 2002, the Johannesburg Plan of Implementation of September 2002, the Doha Development Agenda of November 2001, and the Declaration of Principles and Plan of Action of the World Summit on the Information Society (WSIS) of December 2003. INSTITUTIONAL MATTERS AND THE NEW CHAIRMANSHIP 66. We noted the importance of reviving the Joint Ministerial Meeting (JMM) in conformity with the decision of the 9th ASEAN Summit, to revitalize the bottom-up mechanism of the ASEAN decision-making process. The JMM would consist of the AMM, the AEM, the AFMM and the Secretary-General of ASEAN. 67. We directed the ASEAN Secretary-General and Directors General to complete their study on ASEANs institutional framework to determine how the ASEAN structure could be further strengthened to facilitate the realization of an ASEAN Community. We expressed appreciation to Malaysia for its paper on Review of ASEAN Institutional Framework: A Proposals for Change. 68. We elected the Lao Peoples Democratic Republic as the Chair of the 38th ASEAN Standing Committee and Malaysia as the Vice-Chair. We looked forward to the Joint Ministerial Meeting, the 10th ASEAN Summit and its related meetings in Vientiane on 29-30 November 2004 in Laos, as well as the 38th ASEAN Ministerial Meeting, the ASEAN+3 Foreign Ministers Meeting, the Post-Ministerial Conferences and the 12th ASEAN Regional Forum to be held on 26-29 July 2005 in Laos.

104
ASEAN Documents Series 2004 ASEAN Documents Series 2004

105

of The 11th

Chairmans Statement Meeting of ASEAN Regional Forum


Jakarta, Indonesia, 2 July 2004

1.

The Eleventh Meeting of the ASEAN Regional Forum (ARF) was held in Jakarta, Indonesia, on 2 July 2004. The meeting was chaired by H.E. Dr. N. Hassan Wirajuda, Minister for Foreign Affairs of the Republic of Indonesia. The Meeting was attended by the Foreign Ministers of all ARF participating countries. The Secretary-General of ASEAN was also present. The List of Delegates appears as ANNEX A. A meeting among defence and military ofcials attending the 11th ARF was also held on 1 July 2004. The Ministers welcomed the admission of Pakistan as the 24th participant of the ARF and took note of its expressed commitment to help achieve the ARFs key goals and to abide by and respect fully the decisions and statements already made by the ARF.

intertwined. The Ministers emphasized the importance of enhancing cooperation and dialogue in a frank and open manner. 9. The Ministers acknowledged the importance of the involvement of the ASEAN Secretariat in assisting the ARF Chairman. In this regard, they welcomed the participation of the ASEAN Secretariat in all ARF activities, including ISG on CBMs and ISM on CTTC.

2.

encouraged the efforts of concerned parties towards the maintenance of peace and security on the Korean Peninsula and the region by achieving a peaceful solution through dialogue to denuclearization on the Korean Peninsula. The Ministers took note positively that the Third Round of Six Party Talks was recently held in Beijing on 23-26 June 2004, and the participating states agreed to convene the Fourth Six Party Talks in September 2004 in Beijing. The Ministers supported the parties commitments to the goal of denuclearization of the Korean Peninsula and underlined the need to take rst steps towards that goal as soon as possible. The Ministers emphasized the importance of a step-by-step process of words for words and action for action in search of a peaceful solution to the nuclear issues. 13. The Ministers noted with satisfaction the progress made in recent years by the North and South towards reconciliation and cooperation, and reiterated support for continued dialogue and contacts between the North and South, at various levels. 14. The Ministers underlined the importance of the implementation of Declaration on the Conduct of Parties in the South China Sea (DoC). The Ministers also stressed that the parties concerned exercise self-restrain in the conduct of activities that would affect peace and stability in the region. The Ministers emphasized the importance of condence building and the need to explore ways and means for cooperative activities among the parties concerned, thus creating favourable conditions for settling disputes in South China Sea peacefully. The Ministers welcomed the proposal of ASEAN and China to convene a Senior Ofcials Meeting under the DoC and establish an ASEAN-China Working Group that will oversee the implementation of the Declaration in spirit and letter. 15. The Ministers noted the brieng given by Myanmar and discussed the development in Myanmar. The Ministers recalled and emphasized the continued relevance of the 10th ARF Chairmans Statement. In this regard, the Ministers underlined the need for the involvement of all strata of Myanmar society in the on-going National Convention. The Ministers urged Myanmar to take every action that will add substance to the expression of its democratic aspiration. The Ministers also recognized the role of the Special Envoy of the United Nations Secretary-General in assisting Myanmar to achieve this goal. 16. The Ministers reiterated their support for the sovereignty, territorial integrity and national unity of Indonesia, and emphasized that durable stability, economic prosperity, and democratization would contribute to peace, stability and development in the region.

17. The Ministers welcomed the full reassertion of the sovereignty of Iraq on 28 June 2004. We emphasized the need to ensure substantive materialization of this sovereign status. The Ministers were concerned by the current security situation in Iraq, and hoped that a durable solution could be attained in order to achieve peace, security, stability and national reconciliation for the well being of the Iraqi people. We stressed the importance of the full implementation of the United Nations Security Council Resolution 1546 (2004) on Iraq, and the importance of all nations supporting the full transfer of sovereignty to Iraqi authorities, and the presence of the multinational force in Iraq for the time period described in UNSCR 1546. We further emphasized the central role of the United Nations in the process of political transition from the sovereign interim government to a democratic government; reconstruction; and development of the country. 18. The Ministers expressed deepest sympathy and condolences to the death of civilian victims in the ongoing situation in Iraq, in particular the death of civilian hostages of various nationalities, including nationals of ARF participans. The Ministers, therefore, condemned the barbaric killings and acts of terrorism against civilian hostages, and consider those acts as offences of grave concern to the international community. Furthermore, they expressed their determination to prevent the recurrence of civilian hostage taking. 19. The Ministers afrmed that terrorism, irrespective of its origins, motivations or objectives, constitutes a threat to all peoples and countries, and to the common interest in ensuring peace, stability, security and economic prosperity in the region and beyond. The Ministers reiterated their strong condemnation of acts of terrorism in all its forms and manifestations. The Ministers emphasized the importance of avoiding the identication of terrorism with any particular religion or ethnic group. The Ministers agreed that the campaign against terrorism should be conducted in full conformity with the purposes and principles of the Charter of the United Nations and in accordance with the principles of international law, in particular humanitarian and human rights law. 20. The Ministers welcomed the results of the International Conference of Islamic Scholars (ICIS) held in Jakarta, 23-25 February 2004, which among others condemned acts of terrorism in all its form and manifestation and rejected the identication of terrorism with any religion, in particular Islam, and any race. They noted that Moslem scholars from all parts of the world stressed the fact that the campaign against terrorism can only be won through comprehensive and balanced measures, in particular by squarely addressing the root causes of terrorism, including poverty, intolerance, and injustice.

3. 4.

Highlights of Issues Discussed 10. The Ministers welcomed the Declaration of ASEAN Concord II (Bali Concord II) at the 9th ASEAN Summit, which recognized the ARFs role as the primary forum in ehancing political and security cooperation in the Asia Pacic region, as well as the pivot in building peace and stability in the region. The Ministers supported ASEANs intention to enhance its role in further advancing the stages of cooperation within the ARF to ensure the security of the Asia Pacic region. The Ministers further welcomed the endorsement of the ASEAN Security Community, as one of the pillars of the ASEAN Community which would ensure that countries in the region live at peace with one another and with the world in a just, democratic, and harmonious environment, and regard their security as fundamentally linked to one another and bound by geographic location, common vision and objectives. The Ministers expressed their support for the realization of the ASEAN Security Community in 2020 and the development of its Plan of Action, as this will strengthen ASEAN as it leads the ARF towards a more secure and stable region. 11. The Ministers recognized the importance of the purpose and principles of the Treaty of Amity and Cooperation in the Southeast Asia (TAC) which can serve as the key code of conduct for the promotion of cooperation, amity and friendship within Southeast Asia and between ASEAN and other ARF participants. The Ministers welcomed the accession by the Peoples Republic of China and India to the TAC during the ASEAN+China Summit and ASEAN-lndia Summit in October 2003. They also welcomed the accession by Japan and Pakistan to the TAC during the current series of the 37th AMM/PMCs/11th ARF. 12. The Ministers exchanged views on recent developments on the Korean Peninsula. The Ministers

Overview of the ARF Process 5. The Ministers reafrmed the importance of ARF as the main political and security forum in the region, and reiterated the importance of further strengthening the ARF. The Ministers also reiterated their support for ASEAN as the primary driving force of ARF and further encouraged the contribution of all ARF participants in moving the ARF process forward. The Ministers discussed extensively issues of common concern and reiterated the importance of maintaining peace and stability in the region. The Ministers also stressed the importance of ARF focusing its deliberations on regional issues, particularly in the Asia-Pacic region, as well as global/international issues with regional repercussion, and excluding issues of a bilateral nature. The Ministers noted with satisfaction the signicant progress and the role that ARF has played in enhancing political and security dialogue and cooperation as well as condence building in the Asia-Pacic region. The Ministers agreed to continue to observe the basic principles of decision-making by consensus and noninterference The Ministers reafrmed that ARF should move forward at a pace comfortable to all. The Ministers recognized that the challenges facing the Asia Pacic region are becoming more complex and

6.

7.

8.

106
ASEAN Documents Series 2004 ASEAN Documents Series 2004

107

21. The Ministers Welcomed the Joint Communiqu of the 4th ASEAN Ministerial Meeting on Transnational Crimes (AMMTC) and the Joint Communiqu of the 1st AMMTC+3 in January 2004 in Bangkok. Furthermore the Ministers commended the signing of Memorandum of Understanding between ASEAN and China on Cooperation in the Field of Non-Traditional Security Issues at the 1st AMMTC+3, which provides concrete and operational measures on cooperation in the eld of non-traditional security issues between ASEAN and China. The Ministers welcomed the signing of ASEANIndia Joint Declaration for Cooperation in Combating International Terrorism at the 2nd ASEAN-India Summit in Bali 2003. Ministers also welcomed the signing of the ASEAN-Australia Joint Declaration for Cooperation to Combat International Terrorism at the 10+1 Meeting in Jakarta on 1 July 2004. They further welcomed the signing of ASEAN-Russia Joint Declaration for Cooperation to Combat International Terrorism during the 11th ARF. 22. The Ministers, recalling the objectives agreed at the Bali Regional Ministerial Conference on Peoples Smuggling, Trafcking in Persons and Related Transnational Crime in February 2002 and April 2003 in Bali, welcomed the results of the Bali Process Senior Ofcials Meeting held in June 2004 in Brisbane. The Ministers noted that the Bali process was continuing to work on practical activities to combat peoples smuggling and trafcking in persons. 23. The Ministers welcomed the Convening of the Bali Regional Ministerial Meeting on Counter Terrorism (BRMM-CT), held in Bali on 4-5 February 2004, cohosted by Indonesia and Australia as a means to translate strong political commitments of the countries in the Asia Pacic region in combating terrorism into practical collaborative actions. The Ministers further encouraged participants to actively participate in the two ad-hoc Working Groups established as a follow-up of the Bali Meeting. 24. The Ministers welcomed the formal opening of the Jakarta Center for Law Enforcement Cooperation (JCLEC) in Semarang, on 3 July 2004, to build regional operational law enforcement capacity needed to ght transnational crimes, with a key focus on terrorism, and expressed interest in appropriate national agencies drawing on the resources that will be provided by the Center for operational support. The Ministers also encouraged contributions from ARF countries to the work of the JCLEC. The Ministers expressed their support for the center forming complementary working relations, including cooperation in the training of ofcials involved in counter-terrorism with other relevant regional bodies, such as the International Law Enforcement Academy (ILEA) in Bangkok and the Southeast Asia Regional Center for Counter Terrorism (SEARCCT) in Kuala, Lumpur.

25. The Ministers were pleased with the outcomes of the second Intersessional Meeting on Counter-Terrorism and Transnational Crime (ISM on CTTC) in Manila, on 3031 March 2004. They expressed their appreciation for the work of the Philippines and Russia as co-chairmen of that meeting. The report of the co-chairmen appears as ANNEX B. 26. The Ministers adopted the ARF Statement on Strengthening Transport Security against International Terrorism, as recommended by the ISM on CTTC. The Statement, which appears as ANNEX C, expressed the ARF participants determination to take concrete and cooperative measures in safeguarding their means of transportation from terrorist threats. 27. Noting the important work being done by the ISM on CTTC, the Ministers agreed to extend its mandate for one more year, while maintaining the current format. The Ministers welcomed Canada and Thailands offer to co-chair the next ISM on CTTC in 2005 in Thailand. 28. The Ministers reiterated the importance of addressing the issue of nonproliferation and disarmament in all its aspects. The Ministers underlined the importance of close collaboration between participants to prevent proliferation of weapons of mass destruction and their means of delivery. The Ministers also stressed the need to strengthen technical cooperation in order to enhance countries capabilities and to strengthen national legal measures to address the issue of nonproliferation in all its aspects, in accordance with the international law. The Ministers adopted the ARF Statement on Nonproliferation, as appears in ANNEX D. 29. The Ministers of the States Parties to NPT agreed to make further efforts for the successful outcome of the 2005 NPT Review Conference. They emphasized the importance of promoting the universalization of nonproliferation and disarmament agreements. The Ministers called for the maintenance of existing moratorium on nuclear testing. The Ministers also reafrmed their support for the concept of internationally recognized nuclear-weapons-freezones (NWFZs) established on the basis of arrangements freely arrived at among States in the region, and emphasized the contribution of such zones to enhancing global and regional peace and security. They reafrmed the importance of the early accession of Nuclear Weapons States to the Protocol of the SEAN WFZ Treaty. 30. The Ministers noted the importance of all countries in the region to take strong measures to eliminate the illicit trafcking of small arms and light weapons to non-state actors. 31. The Ministers noted the success to date of the Pacic Island Forums Regional Assistance Mission to the

Solomon Islands (RAMSI), which represented a Pacic solution to a Pacic problem. Activities of the Current Inter-sessional Year (July 2003July 2004) 32. The Ministers expressed their satisfaction with the success of Track l and Track II activities during the current inter-sessional year (July 2003 July 2004). They noted, in particular, the ARF Inter-sessional Support Group on Condence Building Measures (ISG on CBMs), co-chaired by China and Myanmar, held in Beijing, China, 20-22 November 2003 and in Yangon, Myanmar, 11-13 April 2004. The Ministers commended the work of the ISG on CBMs in advancing the ARF process. They noted the summary report of the co-chairmen, which appears as ANNEX E, and endorsed its recommendations. 33. The Ministers noted the following activities, which were completed in intersessional year 2003/2004: 7th ARF Meeting of the Heads of Defence Colleges/ lnstitution in New Delhi, 15-17 October 2003. Workshop on Civil-Military Relations and the Rule of Law in Brunei Darussalam, 11-12 February 2004. ARF Workshop on Preventive Diplomacy, Tokyo, 16-17 March 2004. Programme of Work for the Next Inter-sessional Year 34. The Ministers agreed that the ISG on CBMs continue its work and welcomed the offer of Cambodia and the European Union to co-chair the ISG on CBMs in the next inter-sessional year. The Ministers also noted that the next ISG on CBMs will be held in Phnom Penh on 26-27 October 2004 and the second meeting of the ISG on CBMs will be held in Berlin in March 2005. 35. The Ministers reafrmed the procedure that proposed activities should rst be discussed at the ISG level before SOM noted the new activities. In this regard, the Ministers approved the work program for the next inter-sessional year (July 2004 July 2005), as indicated by the proposed CBM activities listed in ANNEX F. Future Direction of the ARF Process 36. The Ministers expressed their satisfaction with further progress made in the implementation of the Nine Recommendations of the Stocktaking of the ARF process and underlined the importance of implementing all remaining recommendations. 37. The Ministers stressed the importance of the adopted Concept and Principles of Preventive Diplomacy in

guiding the ARF in its actions and works in Preventive Diplomacy (PD) thus far, noting that some of the concepts have been translated into actions. In this regard, they expressed their appreciation for the convening of the Workshop on Preventive Diplomacy in Tokyo, March 2004, which had explored and elaborated various ideas for moving the ARF process further. In the same vein, the Ministers also took note of the concept papers circulated by Canada and Japan, respectively, regarding the evolution of the ARF. The Ministers requested the ISG on CBMs to continue its efforts in discussing PD. In this regard, the Ministers underlined that the present work in tackling terrorism represents a milestone in the ARFs development of a preventive role. 38. The Ministers agreed to extend further cooperation and support for the ARF Chair in carrying out the mandates outlined in the paper on the Enhanced Role of the ARF Chair, particularly in assigning the ASEAN Secretariat to assist the ARF Chairman in facilitating the work of the ARF. In this regard, the Ministers were encouraged by and supported the establishment of an ARF Unit within the ASEAN Secretariat, which would, among others, regularly update the ARF Register of CBMs and serve as the repository of ARF documents. 39. The Ministers emphasized the need to continue strengthening ties with other regional and international security organizations as well as linkages between Track I and Track II. 40. The Ministers noted that the continued publication of the ARF Annual Security Outlook (ASO) is an important contribution to transparency as well as condence building among ARF participants. In this regard, the Ministers welcomed the fth volume of the ASO compiled without editing by the ARF Chair. They also encouraged the continued submission of inputs on the next volume of the ASO. 41. The Ministers appreciated the publication of an updated Register of Experts/Eminent Persons (EEPs). In this connection, the Ministers agreed to adopt the Guidelines for the Operation of the ARF EEPs, which appears as ANNEX G. The Ministers expressed their appreciation to the Republic of Korea in working closely with ARF countries to nalize the Guidelines. 42. The Ministers welcomed the contribution made by defence ofcials in the ARF process and endorsed Chinas proposal on the ARF Security Policy Conference (ASPC), which appears as ANNEX H. The Ministers welcomed Chinas offer to host the 1st ASPC by the end of 2004 and agreed that Indonesia would Chair this Conference. The Ministers underlined the principle that the ASPC should be convened back-to-back with the

108
ASEAN Documents Series 2004 ASEAN Documents Series 2004

109

annual ARF SOM and therefore subsequent ASPC will be hosted and chaired by the ARF Chair country. The 2nd ASPC will therefore be held in Vientiane under the chairmanship of Lao PDR. 43 The Ministers noted the Matrix of ARF Decisions and Status prepared by the ARF Unit at the ASEAN Secretariat and agreed that the Matrix should be updated on an annual basis to contribute to building

ARF institutional memory. The Matrix appears as ANNEX I. 44. The Ministers expressed their satisfaction with the open dialogue regarding the progress of the ARF process and committed to further advancing the ARF process towards the preventive diplomacy stage and beyond, at a pace comfortable to all, while continuing to build mutual condence and trust among its participants.

Joint Press Statement of the ASEAN Post Ministerial Conference


Jakarta, Indonesia, 1 July 2004

1.

The ASEAN Post Ministerial Conference (PMC) 10+1 Sessions and 10+10 Retreat were convened on Thursday, 1 July 2004, in Jakarta, Indonesia. The PMC 10+1 Sessions consisted of meetings with Australia co-chaired by the Minister of Foreign Affairs of Viet Nam; with Canada co-chaired by the Minister of Foreign Affairs of Brunei Darussalam; with New Zealand co-chaired by the Special Envoy of the Philippines; with Russia co-chaired by the Minister for Foreign Affairs of Singapore; with the European Union co-chaired by the Minister for Foreign Affairs of Indonesia; and with the United States of America co-chaired by the Minister of Foreign Affairs of Thailand. The PMC 10+10 Retreat was chaired by H.E. Dr. N. Hassan Wirajuda, the Minister for Foreign Affairs of the Republic of Indonesia. It was attended by the Foreign Ministers of all ASEAN Member Countries and of ASEAN Dialogue Partners, namely Australia, Canada, China, India, Japan, the Republic of Korea, New Zealand, Russia and the United States, the Secretary General of the European Council and the High Representative for Common Foreign and Security Policy, as well as the External Relations Commisssioner of the European Union. The PMC 10+1 Sessions were focused on the overview and future direction of ASEAN cooperation with its Dialogue Partners. In this regard, all Ministers noted that progress had been achieved in developing cooperation and agreed to strengthen mutually benecial cooperation. The Ministers of the ASEAN Dialogue Partners expressed their interests to support and to be involved in the Initiative for ASEAN Integration (IAI) Work Plan and the implementation of the Vientiane Integration Agenda (VIA), which was planned to be adopted at the 10th ASEAN Summit in Vientiane next November. During the PMC 10+10 Retreat, the Ministers discussed two important topics, namely the ASEAN Community and the outcomes of the G8 Summit. The Ministers also deliberated on other international issues of common concerns. The Ministers of ASEAN Dialogue Partners conveyed their appreciation to the ASEAN side for providing an

2.

explanation of the ASEAN Community. They supported the concept of the ASEAN Community made up of the ASEAN Economic Community, ASEAN Security Community and ASEAN Socio-cultural Community. The Ministers believed that the Community would bring peace, stability and prosperity to the ASEAN region, which in turn would also contribute to peace and stability in the whole Asia Pacic region. 8. The Ministers of ASEAN Dialogue Partners supported the ASEAN Security Community (ASC) as an undertaking to strengthen regional resilience and capacity to cope with current and future international challenges. The Ministers also noted that the comprehensive security cooperation forged under the ASC would facilitate ASEAN internal process in discussing unresolved issues through peaceful means. The Ministers of ASEAN Dialogue Partners supported the ASEAN Economic Community which would be characterized by free movements of goods, services, capitals and skilled labour in the ASEAN region. This is in line with the world-wide venture for liberalization. Accordingly, ASEAN was expected to be a competitive region in the international economic system.

3.

9.

4.

5.

10. The Ministers of ASEAN Dialogue Partners expressed their support for the ASEAN Sociocultural Community (AScC), which would involve the participation of the whole stakeholders, especially women, in the development. By involving the stakeholders in development, this venture was believed to bring benets to ASEAN countries in overcoming any challenges, particularly in alleviating poverty to achieve the Millennium Development Goals. 11. In this regard, the Ministers of ASEAN Dialogue Partners believed that through the proper implementation of activities under the AScC Plan of Action, ASEAN would be able to establish a community of caring societies in the future. They expressed their commitment to assist ASEAN in this undertaking. 12. The ASEAN Ministers and their Dialogue Partners also exchanged views on the outcomes of the G8 summit, especially with regard to the roles of private sectors in alleviating poverty. They also deliberated on other prominent issues, such as the negotiations in the World Trade Organisation.

6.

7.

110
ASEAN Documents Series 2004 ASEAN Documents Series 2004

111

Chairmans Press Statement th of the 5 ASEAN+3 Foreign Ministers Meeting


Jakarta, Indonesia, 1 July 2004

13. The ASEAN Ministers appreciated the commitment of the Plus Three countries to support the implementation of the Initiative for ASEAN Integration (IAI) Work Plan. 14. The Ministers discussed the preparations for the next ASEAN+3 Summit, which would be held in Lao Peoples Democratic Republic in November 2004.

1.

The Fifth Meeting between the Foreign Ministers of ASEAN and the Foreign Ministers of the Peoples Republic of China, Japan and the Republic of Korea was held in Jakarta, Indonesia, on 1 July 2004. The Meeting was chaired by H.E. Dr. N. Hassan Wirajuda, Minister for Foreign Affairs of the Republic of Indonesia. The Ministers exchanged views on regional and international issues affecting the region, especially with regard to the developments in the Korean Peninsula. The Ministers welcomed the progress achieved during the Six Party Talks held in Beijing on 23-25 June 2004 and believed that all parties would make their utmost efforts to reach a peaceful settlement to this matter. The Meeting expressed their sympathy and condolences to the people and the Government of the Republic of Korea for the tragic killing of its national in Iraq. The Meeting further condemned all acts of violence conducted in the name of terrorism. The Meeting indicated that it looked forward to the accession of Japan to the Treaty of Amity and Cooperation (TAC) on 2 July 2004. The Meeting noted that the Republic of Korea had stated that it would positively consider acceding to the TAC. The Meeting also welcomed the readiness of the Government of China to sign the Protocol of the Southeast Asia Nuclear Weapon Free Zone (SEANWFZ). The Meeting noted the rapid development of the ASEAN+3 cooperation achieved in the span of one year, notably the expanding areas of cooperation encompassing political, economic and functional elds. The Meeting reafrmed the central role of ASEAN in advancing the ASEAN+3 process towards reaching the establishment of the East Asia community. The Ministers discussed the possibility of the formation of a community that might result from the intensifying cooperation of ASEAN+3. The Ministers agreed that the establishment of an East Asia community is a long-term objective, that would be achieved through a building-bloc and step-by-step approach. The Meeting recognized the potential value of an East Asia Summit at an appropriate time. Prior to the decision on convening such an East Asia Summit, the Meeting underlined the need to have a thorough consideration of

2.

the modalities and various aspects relating to this idea, in particular its relationship to the existing ASEAN+3 process. The Meeting appreciated the value of the issue papers on an East Asian community, the functional cooperation and an East Asia Summit, prepared by the Government of Japan, which would facilitate further discussions on the future direction of the ASEAN+3 process and a prospective East Asia Summit. 8. The Ministers noted the progress in the implementation of the short-term measures recommended by the East Asia Study Group (EASG), especially with regard to the Network of East Asia Think-tanks (NEAT) and the East Asia Forum (EAF) and the Study Group on Promotion of Exchange of People and Human Resources Development. The Ministers welcomed the forthcoming second meeting of NEAT in Thailand on 16-17 August 2004 and second meeting of the EAF in Malaysia in early December 2004. During this ASEAN+3 Foreign Ministers Meeting, the Ministers took note of the Terms of Reference for the ASEAN+3 Working Group for Materializing the Recommendations of ASEAN+3 Study Group on Facilitation and Promotion of Exchange of People and Human Resource Development.

3.

9.

4.

5.

10. The Ministers also took note of the concept paper of China on Promoting Investment by Small and Medium Enterprises and the Republic of Korea on the ASEAN+3 Ministerial Meeting on Reinventing Government . The Meeting agreed that these proposals would be rst deliberated upon at the level of ASEAN+3 Directors-General. 11. The Ministers deliberated on the possible formation of an East Asian Free Trade Area (EAFTA), which might be characterised by free movement of goods, services and freer ow of capital and skilled labour. 12. The Ministers welcomed the signicant progress made under the Asian Bond Market Initiative (ABMI) that would eventually facilitate the pooling of funds for productive investment in the region. Under the framework of the Chiang Mai Initiative, the Ministers were also pleased to note the continued expansion of the network of bilateral swap arrangements (BSAs), which had amounted to sixteen BSAs totalling USD 36.5 billion.

6.

7.

112
ASEAN Documents Series 2004 ASEAN Documents Series 2004

113

III. ECONOMIC INTEGRATION AND COOPERATION ASEAN ECONOMIC MINISTERS

Media Statement of the Informal ASEAN Economic Ministers Meeting


Yogyakarta, Indonesia, 19-20 January 2004
The Informal ASEAN Economic Ministers (AEM) Meeting was held on 19-20 January 2004 in Yogyakarta, Indonesia to further discuss the measures for the integration of the eleven (11) priority sectors and to follow-up the decisions of the 9th ASEAN Summit in Bali, in particular those relating to the establishment of the ASEAN Economic Community and the ASEAN-Japan Commemorative Summit in Tokyo. The Meeting was attended by all ASEAN Economic Ministers. Eleven Priority Integration Sectors The Ministers discussed the reports of the various Country Coordinators on the progress made in the discussions among public and private sector representatives on the 11 sectors identied for priority integration. The Ministers agreed that the successful integration of these priority sectors is an important step towards the realization of the ASEAN Economic Community. To demonstrate their strong resolve in creating a single market, using as springboard the 11 priority integration sectors, the Ministers took the following course of action: (i) They agreed that the Senior Economic Ofcials (SEOM) shall oversee the integration of the 11 priority sectors. (ii) To support SEOM and assist the Country Coordinators, it was agreed that more dedicated staff be assigned to coordinate work on the integration of the priority sectors. For this purpose, the Ministers requested the ASEAN Secretariat to recruit additional staff as soon as possible. Each Country Coordinator will also establish its own project team. (iii) All roadmaps on the integration of these sectors shall eventually be transcribed into legally binding commitments in the form of appropriate agreements. The Ministers agreed that there are horizontal issues cutting across all sectors and a roadmap to clear all these issues should be settled by the AEM Retreat. For sector-specic roadmaps, these would also be submitted to the AEM Retreat for consideration. All the nalized roadmaps for the integration of the 11 priority sectors shall be submitted to the Leaders at the 10th ASEAN Summit in Vientiane for endorsement. The signing of the appropriate agreements shall be done in 2005. (iv) To facilitate the establishment of the ASEAN Single Window, the Ministers agreed to set up an ASEAN interagency Task Force comprising representatives from relevant government agencies, such as, trade, health, agriculture, customs and those responsible for standards and conformance, to design the ASEAN Single Window. This ASEAN Single Window aims to ensure the expeditious clearance of imports through single submission of data, single data processing, and single decision-making for the release of goods. ASEAN Dispute Settlement Mechanism (DSM) One of the important decisions taken by the ASEAN Leaders at the Bali Summit was to establish an effective dispute settlement mechanism in the region by the end of 2004 to ensure proper implementation of all ASEAN agreements and the expeditious resolution of any dispute that may arise. As ASEAN Member Countries deepen regional economic integration efforts, the more it has become important to put in place a dispute settlement procedure that would provide options to Member Countries, i.e. advisory, consultative and adjudicatory mechanisms, in resolving implementation problems and disputes. Towards this end, the Ministers: (i) Endorsed the Term of Reference (TOR) for the ASEAN Consultations to Solve Trade and Investment Issues (ACT) for immediate implementation. The ACT, patterned after the EU SOLVIT, would be a nonlegal and non-binding internet-based problem solving network, which private individuals and businesses can

resort to when faced with operational problems related to an ASEAN members implementation of any ASEAN commitment. Each Member Country shall designate a focal point to which complaints can be filed. All complaints lodged before the ACT must be resolved in 30 days. (ii) Tasked SEOM to nalize the Terms of Reference for the ASEAN Compliance Body (ACB) for endorsement by the AEM Retreat in April 2004. The ACB, modelled after the WTO Textile Monitoring Board, shall provide for the adjudication mechanism wherein ASEAN members can make use of the less legalistic peer pressure in dispute resolution.

(iii) Tasked SEOM to amend the Protocol on ASEAN Dispute Settlement Mechanism for signing by the 36th AEM Meeting, August 2004. WTO Issues The Ministers also exchanged views on the developments related to the Doha Development Agenda of the WTO. Being highly dependent on the global market for trade in goods and investment, they underscored the importance of multilateralism as espoused by the WTO and agreed to exert efforts to keep the Doha Round on track. They also reiterated their full support for the early accession of Viet Nam and Lao PDR into the WTO.

114
ASEAN Documents Series 2004 ASEAN Documents Series 2004

115

Joint Media Statement of the 4th Consultation between the ASEAN Economic Ministers and the European Union Trade Commissioner (4th AEM-EU Consultation)
Yogyakarta, Indonesia, 20 January 2004
1. The ASEAN Economic Ministers (AEM) and the European Union (EU) Trade Commissioner met on 20 January 2004 in Yogyakarta, Indonesia. H.E. Mr. Cham Prasidh, Minister of Commerce of Cambodia, and H.E. Mr. Pascal Lamy, European Union Trade Commissioner, co-chaired the Consultation. ASEAN-EU TRADE AND INVESTMENT RELATIONS 2. The Ministers exchanged views on the global economic situation and recent developments in the economic integration processes in ASEAN and EU. ASEAN informed Commissioner Lamy of the latest developments in ASEAN economic integration, especially the establishment of the ASEAN Economic Community (AEC) and the status of free trade areas/closer economic partnerships negotiations of ASEAN with China, Japan and India. 3. Commissioner Lamy welcomed the decision of ASEAN to embark on the AEC and expressed the ECs willingness to share its integration experience with ASEAN. Commissioner Lamy also briefed the ASEAN members on the future enlargement of the European Union. He highlighted some of the positive effects of the enlargement on the EUs commercial policy, indicating that having an expanded single market sharing the same tariffs and trade rules in May 2004 would allow ASEAN exporters who already meet current EU standards to have immediate access to an even larger market. There would be a lower average level of tariffs and expanded quotas, as well as the extension of the EUs Generalised System of Preferences (GSP scheme) by the new countries. It was emphasised that any potential trade or investment diversion or creation effect should already have substantially taken place over the past few years in the run-up to the enlargement. 4. The Ministers noted a positive sign of recovery in trade between the two regions. In 2002, the decline recorded 1.99% compared to 3.4% in 2001; for the rst half of 2003, the total trade between ASEAN and EU was valued at US$ 35.7 billion, representing an increase of 7.6% compared to the same period of 2002. The Ministers recognised that there is still much potential for the two regions to intensify economic cooperation and improve trade and investment relations. TRANS-REGIONAL (TREATI) EU-ASEAN TRADE INITIATIVE

should complement and reinforce multilateral trade relations. They stressed the importance of determining in the coming weeks the negotiating modalities for a number of DDA issues so that negotiations could enter into decisive phase in 2004. 10. The Meeting welcomed the accession of Cambodia to the WTO. The Ministers encouragingly acknowledged that Viet Nam has achieved signicant progress in her process of accession to the WTO. The Ministers reiterated

their continued support for the early accession of Lao PDR and Viet Nam to the WTO. 11. The Ministers also welcomed the developments in the Asia-Europe Meeting (ASEM). They agreed to lend their support for the successful conclusion of the Sixth ASEM Economic Ministers Meeting in Rotterdam, Netherlands on 16-17 September 2004 and the Fifth ASEM Summit to be held in Hanoi, Viet Nam on 7-8 October 2004.

List of Ministers H. E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Minister of Commerce, Cambodia; H. E. Mr. Pascal Lamy, European Union Trade Commissioner; H. E. Ms. Rini M. S. Soewandi, Minister of Industry and Trade, Indonesia; H. E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H. E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Kyaw Thu, Deputy Minister of Foreign Affairs, Myanmar; H. E. Mr. Cesar A.V. Purisima, Secretary of Trade and Industry, the Philippines; H. E. Brigadier General (NS) George Yeo, Minister for Trade and Industry, Singapore; H. E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H. E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; and H. E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

5. The Ministers discussed measures toward the realization of the Trans-regional EU-ASEAN Trade Initiative (TREATI) in order to expand the trade and investment ows between the two regions. They noted the roadmap for the implementation of the TREATI and the work plan for 2004, which include the key priority areas such as trade facilitation and promotion, investment, technical barriers to trade and sanitary and phytosanitary (SPS) measures, customs and tourism. 6. The Ministers agreed that the SEOM-EU Consultations shall be the main instrument to coordinate the implementation of the TREATI. They tasked their senior ofcials to expedite the work and report the progress of the TREATI implementation at the next AEM-EU Consultation. 7. The Ministers also noted with satisfaction the progress of existing co-operation schemes, such as the ASEAN Programme for Regional Integration Support (APRIS), the ASEAN-EC Co-operation Programme on Standards, Quality, and Conformity Assessment and the ASEAN-EC Intellectual Property Rights Co-operation Programme. The Ministers agreed that in addressing trade and investment issues, these programmes should be co-ordinated through the TREATI in the future to complement the efforts not only for ASEAN economic integration, but also for the successful implementation of the TREATI. INTERNATIONAL AND REGIONAL ECONOMIC ISSUES 8. The Ministers reafrmed their commitment to the successful conclusion of the WTO Doha Development Agenda (DDA) and agreed to work for an ambitious and balanced outcome to the DDA, reiterating that the development dimension is at its core. The Ministers agreed that the Doha Declaration should remain the reference for the overall level of ambition in these negotiations. 9. The Ministers agreed that exibility and political will are urgently needed by all WTO Members to move the negotiations toward a successful conclusion. They further agreed that action taken at the regional and bilateral levels

116
ASEAN Documents Series 2004 ASEAN Documents Series 2004

117

of the 10th

Media Statement ASEAN Economic Ministers Retreat


Sentosa, Singapore, 21 April 2004

1. The ASEAN Economic (AEM) and Investment (AIA) Ministers jointly held their Retreat in Sentosa, Singapore on 21 April 2004 to review the progress made in the implementation of various initiatives mandated by the Leaders to move towards the ASEAN Economic Community. The Ministers were generally pleased with the progress made in the implementation of these initiatives. Priority Integration Sectors 2. The Ministers noted that the Country Coordinators for the 11 priority sectors have submitted their draft roadmaps for the integration of their respective sectors. The ASEAN Secretariat has likewise submitted the draft roadmap for the horizontal issues that cut across all the 11 sectors. The Ministers tasked the Senior Ofcials (SEOM) to negotiate and nalize the all the roadmaps for endorsement of the Ministers in September 2004. The 10th ASEAN Summit has been targeted for the signing of the legally-binding agreements to implement the measures to integrate the 11 priority sectors. The Ministers endorsed a general approach for the negotiations and nalization of the roadmaps. 3. The 11 priority integration sectors and their respective Country Coordinators are as follows: (i) Indonesia: wood-based and automotive products; (ii) Malaysia: rubber-based products, and textiles and apparels; (iii) Myanmar: agro-based products and sheries; (iv) The Philippines: electronics; (v) Singapore: e-ASEAN and healthcare; (vi) Thailand: air travel and tourism. ASEAN Investment Area 4. The Ministers noted that, against an improved economic situation and investment climate, FDI ows to the region increased by 52.4%, from $12.4 billion in 2002 to $18.9 billion in 2003 which conrmed that SARS had not affected FDI ows to the region. The Ministers are upbeat on the prospects for higher FDI ows to the region in 2004 given the continued global and regional economic growth, improved corporate protability and the stronger regional integration process that are being witnessed. 5. The Ministers also noted with satisfaction that Member Countries have taken steps to introduce individual policy

measures to improve their investment climates. Such measures include signing of bilateral investment treaties, double taxation agreements, further opening-up of sectors for FDI, strengthening institutional arrangement to facilitate investment process, relaxation of equity ownership, simplication of investment procedures and provision of incentives. 6. The Ministers agreed that the scope of the AIA Agreement include services incidental to manufacturing and those services under the 11 priority sectors (i.e. tourism, air travel, e-ASEAN and healthcare). 7. The Ministers noted the progress made by the senior investment ofcials in drafting a strategic action plan to strengthen the AIA process and improve the regions competitiveness in attracting FDI. The strategic action plan would be nalized at the 7th AIA Council Meeting in mid2004 in Indonesia. Dispute Settlement Mechanism 8. The Ministers were briefed on the developments in putting in place the enhanced dispute settlement procedures in ASEAN following the mandate of the Leaders under the Bali Concord II. They noted in particular the progress made in amending the Protocol on the ASEAN Dispute Settlement Mechanism. 9. As another milestone in the enhanced ASEAN dispute settlement procedures, the Ministers endorsed the Terms of Reference to establish the ASEAN Compliance Body (ACB). The ACB, which was patterned after the Textile Monitoring Body of the WTO, is intended to offer a consultative mechanism making use of peer adjudication for a less legalistic and speedier resolution of disputes. ASEAN External Economic Relations 10. The Ministers were briefed on the progress made on ASEAN negotiations for FTAs (free trade arrangements) and CEPs (closer economic partnerships) with Dialogue Partners. The Ministers noted the developments and provided guidance to the various Committees undertaking these negotiations. 11. The Ministers also reviewed the current AFTA-CER Linkage and expressed the view that it would be benecial

to both regions to upgrade economic relations to the next level. In line with this, the Ministers supported the possibility of convening an ASEAN-CER Commemorative Summit in Vientiane in November 2004. The Ministers also tasked the ACCICG (AFTA-CER CEP Implementation and Coordination Group) and the Senior Ofcials to study the future direction of the AFTA-CER Linkage, including the possible launching of an ASEAN-CER Free Trade Area at the Commemorative Summit. ASEAN Industrial Cooperation Scheme (AICO) 12. The Ministers signed the Protocol to Amend the Basic Agreement on the ASEAN Industrial Cooperation Scheme (AICO) to maintain the relevance of the AICO Scheme until 2010. 13. Introduced since 1996, the ASEAN Industrial Cooperation (AICO) Scheme aims to promote resource-sharing and to increase the competitive position of ASEANs manufacturing industries by means of production integration across borders facilitated by a tariff preferential rates. The Protocol provided for new preferential tariff rates to be given to new

approved AICO projects: zero percent for Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia and Singapore; 01 percent for the Philippines; 0-3 percent for Thailand; and maximum of 5 percent for Myanmar and Vietnam. 14. As of 20 January 2004, 172 applications were received, of which 118 application have been approved. Based on the data provided at the time of application, these approved AICO arrangements are expected to generate an estimated value of US$ 1,236 million of transactions per year. Summary of AICO Application Status (as of 20 January 2004) Total TOTAL NUMBER OF APPLICATION Total Number of Approved Application Estimated Value of Transaction per year (USD million) 172 118 1,236

LIST OF ASEAN ECONOMIC AND INVESTMENT MINISTERS H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Minister of Commerce, Cambodia - Chairman AEM; H.E. Kong Vibol, Vice Chairman of Council for the Development of Cambodia and Secretary of State, Cambodia Chairman of the AIA Council; H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia (represented by: Dr. Pos Hutabarat, Director-General, Ministry of Industry and Trade, Indonesia); H.E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; H.E. Mr. Cesar V. Purisima, Secretary of Trade and Industry, the Philippines; H.E. B.G. (NS) George Yeo, Minister for Trade and Industry, Singapore; H.E. Mr. Wattana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; H.E. Mr. Tran Dinh Khien, Vice Minister of Planning and Investment, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

118
ASEAN Documents Series 2004 ASEAN Documents Series 2004

119

of the 36th

Joint Media Statement ASEAN Economic Ministers Meeting


Jakarta, Indonesia, 3 September 2004

1. The Thirty-Sixth Meeting of the ASEAN Economic Ministers was held on 3 September 2004 in Jakarta, Indonesia. The Meeting was preceded by a Preparatory ASEAN Senior Economic Ofcials Meeting (SEOM), the Seventh ASEAN Investment Area (AIA) Council Meeting and the Eighteenth ASEAN Free Trade Area (AFTA) Council Meeting. Opening Ceremony 2. The Meeting was formally opened by H.E. Megawati Soekarnopoetri, President of the Republic of Indonesia. In her opening statement, she highlighted that in achieving the goal of an ASEAN Economic Community by 2020, much effort must be placed in realizing a rules-based economic system, where business activities will be guided by an adequate set of internationally accepted, transparent and consistent market-based investment and trading rules and practices. 3. She stressed that ASEAN economic integration is not so much a matter of policy but of commitment. Thus, she urged the Ministers to break the psychological barrier of national interests in order to achieve real progress in economic integration. On the other hand, while ASEAN is improving its competitiveness as an economic region, equal attention must be given to engaging the global economy in order to further develop economic ties with major trading partners and to possibly pursue Free Trade Agreements with them. 4. Recognizing that the rest of the Asia-Pacic region and the world at large are observing ASEAN, she urged the Ministers to nd ways to boost regional trade and accelerate economic integration and show the world ASEANs unied strength in achieving the ASEAN Economic Community. Economic performance 5. The Ministers noted that despite the unfavourable external outlook and against the background of a slowdown in global FDI ows, FDI ows to ASEAN increased by 48%, up from $ 13.7 billion in 2002 to $20.2 billion in 2003, resulting in ASEAN being one of the highest FDI growth regions. The overall improved ASEAN investment environment and strong regional economic growth and integration increased the attractiveness of ASEAN to foreign investors. The strong increase in 2003, which was the highest since 2000, and the

bullish outlook for 2004 suggest that the 1997-1998 nancial crisis is no longer a major inuence on multinational companies considerations relating to investment in ASEAN. The FDI stock in the region is estimated to have increased by 85% since 1995, up from $176.1 billion in that year to $326.4 billion in 2003. 6. In 2004, the FDI ow to the region is encouraging and is expected to reach US$24 billion. The main beneciaries are the manufacturing and services sectors. Strong intraregional investment, an improved global and regional economic situation, along with sound corporate protability and more favourable business prospects contributed to this bullish outlook. 7. ASEANs trade performance grew signicantly in 2003. Total ASEAN exports grew by 12.12% from US$ 383.85 billion in 2002 to US$ 430.39 billion in 2003. Total ASEAN imports grew by 9.51% or from US$ 328.11 billion in 2002 to US$ 359.32 billion in 2003. 8. Intra-ASEAN exports grew higher than the total ASEAN exports. The overall growth was 15.4% or in value term it grew from US$ 86.39 billion in 2002 to US$ 99.7 billion in 2003. Regarding the intra-ASEAN imports, it had experienced modest growth in 2003, from US$ 72.23 billion in 2002 to US$ 74.49 billion in 2003. ASEAN Economic Community 9. The Ministers reviewed the steps taken to implement the decisions of the 9th ASEAN Summit, in particular the realization of the ASEAN Economic Community (AEC) by 2020. They noted the progress made towards the realization of the AEC through measures that reinforce the implementation of its existing economic initiatives; accelerate regional integration in eleven priority sectors; facilitate movement of business persons, skilled labour and talents; and strengthen the institutional mechanisms of ASEAN, including improvement of the existing ASEAN Dispute Settlement Mechanism to ensure expeditious and legally binding resolution of any economic disputes. Effective Dispute Settlement System 10. The Ministers noted the progress made in nalizing the enhanced and effective dispute settlement system in ASEAN. The Ministers were pleased to note that as part of

the new arrangement for this purpose: (i) a legal unit was established at the ASEAN Secretariat to provide legal advice on trade disputes (advisory mechanism), (ii) an ASEAN Consultation to Solve Trade and Investment Issues (ACT) - a non-binding internet-based problem-solving network to resolve complaints within 30 days is ready to provide speedy resolution to operational problems in ASEAN economic agreements (consultative mechanism), and (iii) an ASEAN Compliance Body (ACB) has been formed wherein ASEAN Member Countries can make use of the mediation and peer pressure in dispute resolution. The ACB could ensure that cases lodged before the ACB should be resolved within 90 days. 11. The Ministers approved in-principle the latest draft of the Protocol on Enhanced ASEAN DSM scheduled for signing during the ASEAN Summit in November 2004 in Vientiane. The revised Protocol modeled after the WTO DSU would ensure that binding decisions can be made based solely on legal considerations and all expeditiously enforced. Priority Integration Sectors 12. The Ministers endorsed the Framework Agreement for the Integration of the Priority Sectors for signing by the Leaders during the 10th ASEAN Summit in November 2004. The Ministers also endorsed the respective draft ASEAN Sectoral Integration Protocols and the Roadmaps for Integration of the Priority Sectors for signing in Vientiane during the 10th ASEAN Summit in November 2004. 13. The implementation of the measures in the roadmaps and related documents on a priority basis will enable the progressive, expeditious and systematic integration of the priority sectors in ASEAN. 14. The Ministers urged all relevant ASEAN bodies to implement the measures identied and tasked their senior ofcials to monitor the progress and regularly report it to them to ensure full integration of these sectors by 2010. Services 15. The Ministers endorsed the conclusion of the fourth package of commitments for the third round of negotiations and signed the Protocol to implement this package of commitments. The Protocol will further eliminate substantial restrictions to trade in services among Member Countries and liberalise trade in services by expanding the depth and scope of liberalisation beyond those undertaken by Member Countries under the General Agreement on Trade in Services (GATS) of the World Trade Organisation (WTO). 16. The Ministers agreed to launch the fourth round of negotiations beginning 2005 and ending in two years time,

covering all sectors and modes of supply. The Ministers tasked the senior ofcials to set clear target and parameters to guide the next and subsequent rounds of negotiations under the ASEAN Framework Agreement on Services in order to achieve free ow of services in ASEAN earlier than 2020. Standards and Conformance 17. The Ministers were pleased to note the completion of the harmonization work for 71 standards for safety and 10 standards for Electromagnetic Compatibility (EMC). This will facilitate intra-ASEAN trade and increase market access of electrical and electronic products produced in ASEAN. They were satised with the progress in the implementation of mutual recognition arrangements (MRAs) to avoid duplication test and certication in ASEAN. Industrial cooperation 18. The Ministers noted that as of 6 August 2004, 126 out of 183 AICO applications have been approved. These approved AICO arrangements are estimated to generate US$1,482 million trade transactions per year. The Ministers agreed to extend the waiver on the 30 percent national equity requirement for AICO applications until 31 December 2005. WTO 19. The Ministers welcomed the agreement reached on 1 August 2004 for a new framework agreement under the Doha Development Agenda, which pushes ahead multilateral trade negotiations in ve areas, namely agriculture, nonagricultural market access (NAMA), development issues, trade facilitation and services. 20. The Ministers renewed their commitment to strengthen the rules-based multilateral trading system. They re-emphasized the need to take full account of developing countries special needs and development concerns to better integrate the development dimensions into the multilateral trading system. In this context, the Ministers pledged to work with all members of the WTO, in particular on the importance of WTO capacity building as a means to better enable developing countries to reap the full benets of their WTO, for the success of the sixth WTO Ministerial Conference to be held in Hong Kong in December 2005. 21. The Ministers re-afrmed their support for the expeditious accession of Laos and Viet Nam into the WTO and urged that appropriate assistance be extended by the WTO to facilitate their accession.

120
ASEAN Documents Series 2004 ASEAN Documents Series 2004

121

ASEAN Trade Fair 2004 and the 2nd ASEAN Business and Investment Summit 22. The Ministers were pleased with the preparations for the upcoming ASEAN Trade Fair 2004 and the 2nd ASEAN Business and Investment Summit, which will be held on 6-10 October 2004 in Ha Noi, Viet Nam and in November 2004 in

Vientiane, Lao PDR, respectively. The Ministers emphasized the importance of such events to further promote private sector development around the region, and therefore encouraged the business community from ASEAN Member Countries as well as ASEAN Dialogue Partners to actively participate in these events.

Joint Media Statement of the 3 ASEAN Economic Ministers and the Minister of Commerce of the Peoples Republic of China Consultation
rd

Jakarta, Indonesia, 4 September 2004


LIST OF ASEAN ECONOMIC MINISTERS H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; AEM Chairperson; H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; H.E. Dr. Thomas G. Aquino, Undersecretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN. ASEAN-China Trade and Investment Relations 3. Despite the adverse impact of SARS in early 2003, the Ministers were pleased to note that ASEANs economy grew by 4.97% in 2003 from 4.52% in 2002. Private consumption and a strong external demand, which had boosted exports, were the major drivers of the economic growth in most ASEAN Member Countries. 4. The Ministers were also pleased to note the high economic growth of China that reached 9.1% in 2003 from 8.0% in 2002, driven by strong domestic demand, export growth, and a recovery in the services sector. Chinas rapid economic development provides a signicant boost to ASEAN-China trade and investment relations. 5. Over the years, economic and trade cooperation between ASEAN and China has been growing fast. The Ministers noted and were satised by the growth of ASEAN exports to and imports from China that reached US$ 47.3 billion and US$ 30.9 billion in 2003, respectively. These presented an increase of 51.7% and 31.2%, respectively, from the previous year. The trade values in 2004 are expected to increase further by a great margin as indicated by gures for the rst 7 months of this year where ASEAN exports to and imports from China were recorded at US$34.5 billion and US$ 22.2 billion respectively, representing a respective increase of 40.7% and 34.1% from the same period of 2003. Up to now, ASEAN has become Chinas fth export market and fourth import source. 6. Mr. Wen Jiabao, the Premier of China, proposed at the 10+1 Summit of 2003 that the trade value between China and ASEAN reach beyond the target of US$100 billion before 2005. The Ministers were condent to realise this target, taking into account the fact that the trade value between both sides has been increasing rapidly. 1. The Third Consultation between the ASEAN Economic Ministers (AEM) and the Minister of Commerce (MOFCOM) of the Peoples Republic of China was held in Jakarta, Indonesia on 4 September 2004. 2. The Consultation was co-chaired by H.E. Rini M. S. Soewandi, Minister for Industry and Trade of Indonesia, and H.E. Bo Xilai, Minister of Commerce of the Peoples Republic of China. Early Harvest Programme 7. The Ministers noted the signicant developments in ASEAN-China economic relations after the signing of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the Peoples Republic of China and the Protocol to Amend the Framework Agreement. The Ministers acknowledged the benets from the Early Harvest Programme which was implemented since 1 January 2004 on agricultural product. By July 2004, the trade value of the Early Harvest Programme products between the two sides reached US$1.11 billion representing an increase of 42.3% over the same period of 2003, among which ASEAN exports to China were US$ 0.68 billion, an increase of 49.8% over that same period. They recognized that the Early Harvest Program had improved the business condence leading to the establishment of the ASEAN-China Free Trade Area as scheduled. Progress in the Establishment of the ASEAN-China Free Trade Area (ACFTA) 8. The Ministers were pleased with the substantial progress made by the ASEAN-China Trade Negotiating Committee to nalize the negotiations for the Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the Peoples Republic of China for the ASEAN-China Free Trade Area which would be the instrument for realizing the ASEANChina Free Trade Area in 2010 for ASEAN 6 and China, and 2015 for ASEANs newer Member Countries. 9. The Ministers also appreciated the efforts made by the Working Group on Trade in Services and the Working Group on Dispute Settlement Mechanism to nalize the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the Peoples Republic of China for the ASEAN-China Free Trade and the Agreement on Dispute Settlement Mechanism between the Association of Southeast Asian Nations and the Peoples Republic of China. The Ministers also encouraged both sides to exert efforts on the negotiations of investment in order to nalize the agreement as soon as possible.

122
ASEAN Documents Series 2004 ASEAN Documents Series 2004

123

10. The draft Agreement on Trade in Goods, the draft Agreement on Trade in Services and draft Agreement on Dispute Settlement Mechanism were considered by the Ministers for signing at the ASEAN-China Summit in November 2004 in Lao PDR. The signing of these agreements paves the way for the implementation of the ASEAN-China Free Trade Area which is expected to increase intra-regional trade and investment, improve efciency and economies of scale and develop a larger market for capital and talent. The implementation of the FTA will boost mutual prosperity between China and ASEAN and contribute to global economic development. 11. The ASEAN Ministers noted the request of China that ASEAN Member Countries commit not to apply Sections 15 and 16 of the Protocol of Accession of China to the WTO and Paragraph 242 of the Report of the Working Party on the Accession of China to the WTO in relation to the trade between China and ASEAN from the date of the signature of the Trade in Goods Agreement. Each of the

ten ASEAN Member Countries agreed to recognize the full market economy status of China. China-ASEAN EXPO 2004 12. The ASEAN Economic Ministers noted with appreciation Chinas effort for hosting the rst ChinaASEAN Expo 2004 and the rst China-ASEAN Business and Investment Summit in Nanning, Guangxi Province in November. The Ministers believed that the China-ASEAN Expo is a new important measure to develop friendly neighborhood relations and strengthen cooperation of mutual benets between China and ASEAN, and should promote bilateral trade in products and services, as well as investments in the region. The China-ASEAN Business and Investment Summit, on the other hand, should also promote networking among the business people from the two regions and provide the venue for launching economic cooperation activities of mutual benet to ASEAN and China.

Joint Media Statement of the 11 ASEAN Economic Ministers and the Minister of Economy, Trade and Industry of Japan Consultation
th

Jakarta, Indonesia, 4 September 2004


1. The Eleventh Consultation between the ASEAN Economic Ministers (AEM) and the Minister of Economy, Trade and Industry (METI) of Japan was held in Jakarta, Indonesia on 4 September 2004. The Consultation was co-chaired by H.E. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia and H.E. Shoichi Nakagawa, Minister of Economy, Trade and Industry of Japan. ASEAN-Japan Comprehensive Economic Partnership with focus on the following items: - A framework of ASEAN-Japan cumulative rules of origin - Possible basic structure and its main elements of the ASEAN-Japan CEP Agreement (AJCEP Agreement) - The results of the implementation of "Measures for Immediate Implementation" - The work programmes for "Facilitation and Cooperation" 6. The Ministers noted with approval the arrangements that AJCCEP had made for the WGROO to develop a Framework for the AJCEP cumulative rules of origin by the Vientiane Summit in November 2004 so as to enable both sides to commence negotiation on the AJCEP Agreement. The Ministers welcomed the ASEAN-Japan Business Dialogue as a Measure for Immediate Implementation , which will be organized in conjunction with the ASEAN Trade Fair in Viet Nam in October 2004 and the ASEAN Summit in Lao PDR in November 2004. The Ministers concurred that these business dialogues will enhance trade and investment relations between ASEAN and Japan. The Ministers noted with appreciation that the private sector will also discuss the ASEAN-Japan CEP Agreement. In view of these developments, the Ministers agreed to recommend to the Leaders that ASEAN and Japan should commence the negotiation on the AJCEP Agreement in April 2005. They also committed to endeavour to conclude the negotiation within two years from that date. Mindful of the Vientiane Summit in November 2004 and the start-date for commencing negotiation, the Ministers therefore instructed the AJCCEP to reinforce its work and determine for itself the most appropriate modes of achieving this purpose and the most appropriate meeting schedules.

ASEAN-Japan Trade and Investment Relations LIST OF MINISTERS The Meeting was attended by: H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Mr. Bo Xilai, Minister of Commerce, Peoples Republic of China; H.E. Ms. Rini M. S. Soewandi, Minister for Industry and Trade, Indonesia; H.E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; H.E. Dr. Thomas G. Aquino, Undersecretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; and H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN. Progress of Work under the Framework of ASEAN-Japan Comprehensive Economic Partnership (AJCEP) 4. The Ministers welcomed the revision of the Terms of Reference (TOR) of the ASEAN-Japan Committee on Comprehensive Economic Partnership (AJCCEP), making it the forum for consultations and negotiations on various areas/sectors under the Framework and welcomed the establishment of a Working Group of Rules of Origin. The Ministers noted the progress of work of AJCCEP and the Working Group in moving forward discussions. It was agreed that the Leaders should be informed of the latest developments under the Framework of 3. 2. The Ministers exchanged views on recent developments in ASEAN and Japan. The Ministers noted that ASEAN and Japan continued to be important trading partners. In 2003, ASEAN exported to Japan US$50.3 billion or 11.7% of her total exports to the world and imported from Japan, US $58 billion or 16% of her total imports from the world. Meanwhile, Japanese direct investments to ASEAN increased by 17% from US$1.76 billion in 2002 to US$2.06 billion in 2003. Japanese direct investment accounted for 10% of total foreign direct investments in 2003. ASEAN informed Japan of her efforts in deepening ASEAN integration, in particular, her focus on Eleven Priority Sectors. Japan also briefed the ASEAN Ministers on measures that have revitalised her economy.

7.

8.

9.

5.

124
ASEAN Documents Series 2004 ASEAN Documents Series 2004

125

10.

The Ministers also gave guidance for AJCCEP to resolve pending issues. They instructed the Committee to explore a compatible and orderly relationship between the AJCEP Agreement with ongoing bilateral EPA negotiations between Japan and individual ASEAN Member Countries. The Ministers welcomed steady implementation and development of ASEAN-Japan Economic Partnership Cooperation which was proposed by Japan in the last AEM-METI consultation at Phnom Penh, 2003. Various projects are in the pipeline to help accelerate the realization of ASEAN-Japan Comprehensive Economic Partnership, in order to strengthen trade and investment partnership, to strengthen competitiveness and industrial cooperation, and to support for newer Member Countries. The Ministers also welcomed Japans new initiative (Cooperation towards Intra-ASEAN/ASEAN-Japan Economic Integration), which aims at accelerating ASEAN economic integration and strengthening the ASEAN-Japan economic partnership. Under the initiative, Japan will assist ASEAN in the following areas: (i) Cooperation towards Trade and Investment Facilitation, including an exchange of views on the merit of establishing a possible ASEANJapan trade-related computerized system that employs Radio Frequency Identication (RFID or IC tags), and cooperation for establishing the technological infrastructure of e-commerce in Member Countries;

establishment of supportive systems in the elds of automobile, SMEs and IT, and support for promoting innovation, with collaboration among industry, academia and government. AEM-METI Economic and Industrial Cooperation Committee (AMEICC) 13. The meeting of the AEM-METI Economic and Industrial Cooperation Committee (AMEICC) was held as part of the Eleventh AEM-METI Consultations. The Ministers noted with appreciation that the projects under AMEICC have been implemented in a timely and effective manner. In particular, the Ministers welcomed Japans new initiative COE Progressive Development Program aiming at further strengthening and networking of COEs in ASEAN. The Ministers noted with satisfaction that AMEICC Automotive Initiative will proactively support the eleven priority sector integration in ASEAN. The Ministers also welcomed the West-East Corridor Comprehensive Industrial Development Program to narrow the development gap among ASEAN countries through establishment of industrial and logistical network among CLMV countries.

LIST OF MINISTERS H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; H.E. Mr. Shoichi Nakagawa, Minister of Economy, Trade and Industry, Japan; H.E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; H.E. Dr. Thomas G. Aquino, Undersecretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; and H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

11.

12.

(ii) Cooperation for Newer Member Countries, including support for human resources development, strengthening technological base, establishing industrial and logistical networks, and promoting trade and investment. (iii) Cooperation for Strengthening the Basis for Industrial Development towards ASEAN Economic Integration, including support for human resources development and

14. The Ministers encouraged all AMEICC Working Groups to expedite the implementation of their respective projects under the AMEICC Work Programme and to continue to foster trade and investment facilitation and promotion. The Ministers tasked SEOM-METI and AMEICC Secretariat to work on the enhancement of AMEICC over the next year so that AMEICC can effectively and efciently facilitate economic integration in ASEAN, accelerate AJCEP process and support preparation for East Asia Community. Other Areas of Cooperation 15. The Ministers welcomed the fth ASEAN-Japan Senior Ofcials Meeting on Energy (SOME-METI) Consultation in June 2004 in Makati City, Philippines, that commenced the second phase of upgrading the energy database and energy conservation projects.

126
ASEAN Documents Series 2004 ASEAN Documents Series 2004

127

Joint Media Statement st of the 1 ASEAN Economic Ministers and the Minister for Trade of the Republic of Korea Consultation
Jakarta, Indonesia, 4 September 2004
1. The First ASEAN Economic Ministers (AEM)-Korea Consultation was held on 4 September 2004 in Jakarta, Indonesia. The Meeting was co-chaired by H.E. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; and H.E. Kim Hyun-Chong, Minister for Trade, Republic of Korea. 2. The Ministers were satised that the quality of dialogue at this First Consultation which underlined the strength and maturity of the ASEAN-Korea partnership. They reiterated the importance of regular and continuing engagement between ASEAN and Korea on practical cooperation on matters of mutual interest, in particular, regional and international and economic issues. The Ministers also discussed areas of future cooperation which would underscore their continued commitment to the dialogue relationship. ASEAN-Korea Trade and Investment Relations 3. The Ministers exchanged views on recent international and economic developments, noting there were signs of a stronger outlook for regional and global economic growth following the negative impact of factors such as terrorism on the business and consumer condence. The Ministers also afrmed their commitment to promoting regional growth, through domestic and international trade and economic reform, amongst others. 4. The Ministers noted that ASEAN and Korea continued to be important trading partners. In 2003, based on ASEAN Statistics, ASEAN exported to Korea US$17.1 billion or 4% of her total exports to the world and imported from Korea, US$15.1 billion or 4.2% of her total imports from the world. This ASEAN-Korea bilateral trade grew by 2.2% from US$31.5 billion in 2002 to US$32.2 billion in 2003. 5. Koreas investment in ASEAN has generally accounted about 3% of the total foreign direct investment (FDI) ows into ASEAN over the period of 1995-2003. However, Koreas cumulative investments in ASEAN amount to US$ 11 billion which accounts for 15.2% of Koreas total FDI outow, making ASEAN the third largest investment destination for Korean rms. ASEAN-Korea Economic Cooperation 6. The Ministers shared the view that a number of economic cooperation projects between Korea and ASEAN through ODA and SCF (Special Cooperation Fund) have greatly contributed to strengthening the ASEANKorea economic partnership. The Ministers renewed their commitment to make further efforts to broaden and deepen the existing ties of cooperation. 7. Bearing in mind the signicance of newly-established dialogue channels such as AEM-Korea Consultations and ASEAN-Korea Senior Economic Ofcials Meeting, the Ministers agreed to use these channels for exploring new cooperation projects and coordinating the on-going cooperative activities. The Ministers also welcomed Koreas plan to hold an International Workshop on Korea-ASEAN Economic Cooperation in Seoul from 21-23 September 2004, which is designed for in-depth discussions on the long-term vision for cooperation between ASEAN and Korea. ASEAN-Korea Free Trade Area 8. The Ministers welcomed the recommendations in the Report of the Joint Study on Comprehensive Closer Economic Relations between ASEAN and Korea of the ASEAN-Korea Experts Group (AKEG). The Report, jointly prepared by both ASEAN and Korea, recommended the establishment of an ASEAN-Korea Free Trade Area (AKFTA). The Ministers recommended that this be considered by the Leaders during the ASEAN-ROK Summit in Vientiane, Lao PDR in November 2004.

LIST OF MINISTERS The Meeting was attended by: H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; H.E. Mr. Kim Hyun-Chong, Minister for Trade, Republic of Korea; H.E. Mr. Soulivong Daravon, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister of Economic Cooperation, Myanmar; H.E. Dr. Thomas G. Aquino, Undersecretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; and H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

128
ASEAN Documents Series 2004 ASEAN Documents Series 2004

129

Joint Media Statement th of the 7 ASEAN Economic Ministers and the Ministers of Peoples Republic of China, Japan and Republic of Korea Consultation (AEM+3)
Jakarta, Indonesia, 4 September 2004
1. The ASEAN Economic Ministers and Ministers from the Peoples Republic of China, Japan and the Republic of Korea held their Seventh Consultation in Jakarta, Indonesia on 4 September 2004. The consultation was co-chaired by H.E. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; H.E. Bo Xilai, Minister of Commerce, Peoples Republic of China; H.E. Shoichi Nakagawa, Minister of Economy, Trade and Industry, Japan; and H.E. Kim Hyun-Chong, Minister for Trade, Republic of Korea. 2. The Ministers exchanged views on the global economic situation and recent economic developments in ASEAN and the Northeast Asian countries. They expressed satisfaction with recent trends in the trade volume between ASEAN, and China, Japan, and Korea, which expanded by 14.5 percent from US$ 170.9 billion in 2002 to US$ 195.6 billion in 2003. The Ministers underlined the importance of continuing regional economic integration as a means to promote trade and investment flows. ECONOMIC COOPERATION PROJECTS 3. The Ministers expressed satisfaction with the progress of implementation of economic cooperation projects. The Ministers, particularly, noted that since the Third AEM+3 Consultations held on 4 May 2001 in Siem Reap, Cambodia, 15 projects were approved, 5 of which had been completed and 10 others are in various stages of implementation. These projects cover a wide range of areas, including information technology (IT), small and medium-sized enterprises (SMEs), standards and quality conformance, environment, entertainment, and logistics management. 4. The Ministers approved 2 new projects. First, a Seminar on the Asia Contents Industry, proposed by Japan. Second, a proposal by China to set up an Experts Group, which will comprise scholars and researchers, to study the feasibility of an East Asia Free Trade Area. The Ministers also noted a proposal by China on the establishment of a portal under the East Asia Investment Information Network (EAIIN) project. RECOMMENDATIONS OF THE EAST ASIA STUDY GROUP (EASG) 5. The Ministers welcomed the implementation of the various short-term measures recommended by the EASG, particularly economic-related measures such as the East Asia Forum (EAF) by Korea and the EAIIN by Malaysia. 6. The Ministers also welcomed the initiative to embark on negotiations for an ASEAN-Korea Free Trade Area. The Ministers expressed condence that this initiative, along with current negotiations between ASEAN and China, with consultations between ASEAN and Japan, as well as other existing regional integration initiatives within the region, would provide a stronger foundation for eventual economic integration in the East Asia region. East Asia Business Council (EABC) 7. The Ministers welcomed the establishment of the East Asia Business Council (EABC) and had a productive discussion with the Council at the occasion of the consultation. The Ministers endorsed the recommendation of the Council to hold an East Asia Business Summit and looked forward to its fruitful outcomes. Role of AEM+3 8. The Ministers decided that AEM+3 should play a more active role in coordinating various projects and fora aimed at boosting East Asia economic cooperation. The Ministers tasked SEOM+3 to prepare a structured overview of relevant ongoing activities in these areas for the next AEM+3 meeting. REGIONAL INTEGRATION INITIATIVES World Trade Organisation (WTO) 9. The Ministers welcomed the recent outcomes of the WTO negotiations in Geneva, which ended on 1 August 2004 and revived the hope for a better global trading system. The Ministers reiterated their personal commitment to work together to ensure successful outcomes of the forthcoming 6th WTO Ministerial Conference scheduled to be held in Hong Kong in December 2005.

10. The Ministers expressed continuing support for the early accession of Lao PDR and Viet Nam to the WTO. Asia Europe Meeting (ASEM) 11. The Ministers took the opportunity to discuss the latest developments in ASEM. Although regretting the postponement of two ASEM Ministerial meetings, i.e. the ASEM Finance Ministers and ASEM Economic Ministers meetings, they expressed optimism that the forthcoming 5th ASEM Summit in October 2004 in Ha Noi, Viet Nam will be successful in providing the impetus for a revitalised Asia and Europe partnership. The Ministers noted and welcomed the invitation of Viet Nams Minister to an Informal EMM on 7 October 2004 to discuss preparations on the economic substance for the ASEM Summit. Asia Pacic Economic Cooperation (APEC) 12. The Ministers reiterated their strong support for work being undertaken in APEC on trade and investment liberalization and facilitation and economic cooperation in the region. The Ministers looked forward to the successful organisation of the forthcoming APEC Economic Leaders Meeting scheduled to be held in Busan, Korea in November 2005 and the meeting of APEC Ministers Responsible for Trade, scheduled to be held in Jeju, Korea in June 2005. LIST OF MINISTERS

OTHER ECONOMIC MATTERS Energy 13. The Ministers welcomed outcomes of the ASEAN+3 Energy Ministers meeting June 2004 in Makati City, The Philippines. The Ministers also highly appreciated the development of collective action to strengthen the ASEAN+3 Energy partnership in order to address the impact of recent high energy prices. Intellectual Property Rights 14. The Ministers recognized the growing importance of strengthening the protection of intellectual property rights by developing measures against counterfeiting and generating cooperation in this eld for the purpose of attracting investment and stimulating market growth. PREPARATIONS FOR THE ASEAN+3 AND ASEAN+1 SUMMITS 15. The Ministers were pleased with the preparations being undertaken by Lao PDR for the ASEAN+3 and ASEAN+1 Summits, which will be held in Vientiane, Lao PDR in November 2004.

H.E. Pehin Dato Abdul Rahman Taib , Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Mr. Bo Xilai, Minister of Commerce, Peoples Republic of China; H.E. Ms. Rini M. S. Soewandi, Minister of Industry and Trade, Indonesia; H.E. Mr. Shoichi Nakagawa, Minister of Economy, Trade and Industry, Japan; H.E. Mr. Kim Hyun-Chong, Minister for Trade, Republic of Korea; H.E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; H.E. Mr. Cesar V. Purisima, Secretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; and H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN

130
ASEAN Documents Series 2004 ASEAN Documents Series 2004

131

Joint Media Statement rd of the 3 ASEAN Economic Ministers and the Minister of Commerce and Industry of the Republic of India Consultation
Jakarta, Indonesia, 5 September 2004
1. The Third Consultation between the ASEAN Economic Ministers (AEM) and the Minister of Commerce and Industry of the Republic of India was held in Jakarta, Indonesia on 5 September 2004. The Consultation was cochaired by H.E. Rini M. S. Soewandi, Minister of Industry and Trade, Indonesia, and H.E. Kamal Nath, Minister of Commerce and Industry, India. 2. The ASEAN Ministers extended their warm welcome to H.E. Kamal Nath, who was participating in his rst AEMIndia Consultation. They took the opportunity provided by the occasion to exchange views on global and regional developments, in particular those which have inuenced ASEAN and India relations. 3. The Ministers were pleased to note that from 2001 to 2003, ASEAN-India bilateral trade grew an annual rate of 11.22%, that is, from US$ 9.88 billion in 2001 to US$ 12.09 billion in 2003. Notwithstanding, the Ministers agreed that there is still much potential for growth and that the establishment of the ASEAN-India Free Trade Area would provide the impetus to drive this growth. ASEAN-India Free Trade Area (FTA) 4. The Ministers noted the progress in the negotiations for the ASEAN-India Free Trade Area. They commended the ASEAN-India Trade Negotiating Committee (AI-TNC) for their relentless effort in moving forward the negotiations. The Ministers encouraged the AI-TNC to endeavour to complete the negotiations within the deadlines specied in the Framework Agreement on Comprehensive Economic Cooperation. 5. Meanwhile, the Ministers underlined the importance of pursuing activities in the other areas of economic cooperation which may include, amongst others, the following: (a) organization of business matching activities; (b) facilitation of business travel; (c) collaboration in information technology (IT) out-sourcing; (d) investment in ICT (information and communications technology) parks; (e) exchange of publications and information on cotton, jute, kenaf and other textile products; (f) pilot projects in human resource development (HRD) cooperation through twinning programmes between educational and research institutes; and (g) travel mart exhibition/promotion. 6. The Ministers were pleased to announce that the websites of the trade and investment promotion agencies in ASEAN and India have been hyperlinked in the ASEAN Secretariat website (http://www.aseansec.org) as of April 2004. ASEAN-India Private Sector Involvement 7. The Ministers announced the establishment of the ASEAN-India Business Council (AIBC). The AIBC would provide the private sector perspective and feedback on initiatives aimed at broadening and deepening economic linkages between ASEAN and India. The Inaugural Meeting of the AIBC would be held at an appropriate time in the future. 8. The Ministers also welcomed the organisation of the Third ASEAN-India Business Summit, which will be held on 19-21 October 2004 in New Delhi and Chennai in India. The Ministers were optimistic of the continued success of this event which has undeniably contributed to forging closer private sector partnership between ASEAN and Indian businessmen.

LIST OF MINISTERS Mr. Lim Jock Hoi, Director-General, Representing Minister, Ministry of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Mr. Kamal Nath, Minister of Commerce and Industry, India; H.E. Ms. Rini M. S. Soewandi, Minister of Industry and Trade, Indonesia; H.E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; H.E. Mr. Cesar V. Purisima, Secretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; and H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

132
ASEAN Documents Series 2004 ASEAN Documents Series 2004

133

Joint Media Statement of the 9th AEM-CER Consultations


Jakarta, Indonesia, 5 September 2004
1. The ASEAN Economic Ministers (AEM) and the Ministers from Australia and New Zealand (Closer Economic Relations - CER) held their Ninth Consultation on 5 September 2004 in Jakarta, Indonesia. The Consultation was co-chaired by H.E. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; the Hon. Mark Vaile, Minister for Trade of Australia; and the Hon. Jim Sutton, Minister for Trade Negotiations for New Zealand. ASEAN-CER Trade and Investment Relations 2. The Ministers exchanged views on the recent international economic developments, including the prospects for global recovery and issues affecting ASEAN and CER. The Ministers noted that ASEAN and the CER Countries continued to be important trading partners. In 2003, ASEAN exported to CER US$18.85 billion or 4.4% of her total exports to the world and imported from CER US$8.71 billion or 2.4% of her total imports from the world. The bilateral trade between ASEAN-CER grew signicantly by 33% from US$20.7 billion in 2002 to US$ 27.56 billion in 2003. 3. Ministers noted that the existing stocks of foreign direct investment (FDI) suggest there is signicant room for future growth as the ASEAN and CER economies open up to each other. CERs FDI stocks in ASEAN in 2003 were valued at around US$3.1 billion up from around $US1.8 billion in 2002. ASEAN FDI stocks in CER in 2003 were around US$4.9 billion, compared with around US$3.9 billion in 2002. ASEAN, Australia and New Zealand Free Trade Area (FTA) 4. The Ministers agreed that a Free Trade Area among themselves would promote growth and development and increase living standards throughout the region. They noted that opening their economies to each other would build on the substantial trade and investment linkages already established between ASEAN, Australia and New Zealand. The Ministers agreed to recommend to Leaders that ASEAN, Australia and New Zealand further their economic integration through negotiation on a Free Trade Agreement (FTA). The Ministers would also propose to leaders that FTA negotiations commence in 2005 and be concluded in 2 years. 5. The Ministers noted that 2004 marks the 30th anniversary of ASEANs dialogue relations with Australia, with 2005 being the 30th anniversary of dialogue relations with New Zealand. The Ministers welcomed the decision to convene an ASEAN, Australia and New Zealand Summit during the 10th ASEAN Summit in Vientiane, Lao PDR. 6. The Ministers reviewed the progress made in the implementation of the AFTA-CER CEP Work Programme. They encouraged ASEAN and CER sectoral bodies to increase their collaboration and accelerate work on nalizing work plans, complete with targets and timeframes, in the implementation of the Work Programme. 7. The Ministers welcomed the completion of the Joint AFTA-CER Study on Non-Tariff Measures, and underlined the importance of assessing, on an on-going basis, the validity of the non-tariff measures they employ. The Ministers observed that, although not necessarily designed explicitly to restrict imports, non-tariff measures could have that effect in practice. The Ministers noted that the joint study, including the matrix, would be used as a transparency promotion exercise and the basis for the future work programme on NTBs under the ASEAN-Australia/New Zealand FTA process. 8. The Ministers welcomed the opportunity to meet with the AFTA-CER Business Council (ACBC) during their consultation and reiterated their support or business involvement in the work of the CEP. The Ministers expressed their appreciation to the ACBC for its contribution to the work programme, particularly its efforts to increase trade and investment in the region. The Ministers acknowledged that an FTA should reect business priorities for deepening regional economic integration and instructed ofcials to continue to engage the ACBC in the work programme. World Trade Organisation (WTO) 9. The Ministers recognised the important role trade liberalisation can play in promoting economic growth and reducing poverty and reafrmed their commitment to the World Trade Organization (WTO) Doha Development Agenda and to strengthening the rules-based multilateral trading system promoted by the WTO. 10. The Ministers welcomed the agreement in 1 August 2004 on a framework package to guide the next phase

of the Doha Round negotiations and expressed their determination to work to secure a meaningful outcome to the round that would result in substantially improved market access for goods and services, the elimination of tradedistorting agricultural subsidies, the substantial reduction of agricultural domestic support and improved trade facilitation. Ministers called on all WTO members to work towards the high level of ambition agreed at Doha for the negotiations, particularly in sectors of interest to developing countries, and to full the development dimension of the Doha Development Agenda.

11. The Ministers expressed continuing support for the early accession of Lao PDR and Viet Nam to the WTO. Asia Pacic Economic Cooperation (APEC) 12. The Ministers also reiterated their strong support for work being undertaken in the APEC and stressed the importance of free and open trade and investment in the region. Ministers reafrmed the link between open markets, regional prosperity, stability and security.

LIST OF MINISTERS The Meeting was attended by: Hon. Mr. Mark Vaile, Minister of Trade, Australia; Mr. Lim Jock Hoi, Director-General, Representing Minister, Ministry of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; H.E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; Hon. Mr. Jim Sutton, Minister for Trade Negotiations, New Zealand; H.E. Mr. Cesar V. Purisima, Secretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; and H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

134
ASEAN Documents Series 2004 ASEAN Documents Series 2004

135

Joint Media Statement of the 5th Consultation between the ASEAN Economic Ministers and the European Union Trade Commissioner (5th AEM-EU Consultation)
Jakarta, Indonesia, 5 September 2004
1. The ASEAN Economic Ministers (AEM) and the European Union (EU) Trade Commissioner met on 5 September 2004 in Jakarta, Indonesia. H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade of Indonesia, and H.E. Mr. Pascal Lamy, European Union Trade Commissioner, co-chaired the Consultation. ASEAN-EU TRADE AND INVESTMENT RELATIONS 2. The Ministers exchanged views on global economic developments and the progress made towards integration for ASEAN and EU. On ASEAN integration, ASEAN informed Commissioner Lamy of steps taken towards the ASEAN Economic Community (AEC), including the integration of the 11 priority sectors and developments in ASEANs free trade areas/closer economic partnerships negotiations with China, Japan, India and Korea. 3. Commissioner Lamy briefed ASEAN Ministers on the historic achievement of the EUs latest and largest enlargement to include 10 new members on 1 May 2004, the culmination of a long process of preparation and negotiation. With this enlargement, EU now represents a market of over 450 million people and a 9,739 billion euro combined economy. Commissioner Lamy also expressed the ECs willingness to share its integration experience with ASEAN. 4. The Ministers noted the improving economic situation in ASEAN, particularly the rebound in foreign direct investment (FDI) inows into the region. FDI to ASEAN in 2003 increased 48% year-on-year to reach US$20.3 billion (approximately, 16.8 billion euro), with EU contributing 35% (US$7.1 billion or approximately, 5.9 billion euro) of total FDI in 2003. The Ministers noted that the bilateral ASEAN-EU trade in 2003 declined slightly by 3.3% to 104.7 billion euro compared to 2002, although EU-ASEAN trade for the rst quarter of 2004 increased by 3.3%. They urged their senior ofcials to explore measures to promote and facilitate the trade and investment ows as there are still a lot of rooms for improvement. TRANS-REGIONAL EU-ASEAN TRADE INITIATIVE (TREATI) 5. The Ministers noted the progress on measures toward the realization of the Trans-regional EU-ASEAN Trade Initiative (TREATI). The Ministers agreed that a number of TREATI activities supportive of four ASEAN priority sectors (Agriculture, Electronics, Fisheries and Wood-based products) should be prioritised. These include among others: Sanitary and Phyto-sanitary (SPS) measures for agro-food and sheries, as well as regulatory measures for wood-based products and electronics. On trade and investment facilitation, the Ministers agreed that the envisaged cooperation under TREATI should also be expedited. They tasked the senior ofcials to follow-up on these prioritised areas. 6. The Ministers were encouraged by the continued progress of existing co-operation schemes, such as the ASEAN Programme for Regional Integration Support (APRIS), the ASEAN-EC Co-operation Programme on Standards, Quality, and Conformity Assessment and the ASEAN-EC Intellectual Property Rights Co-operation Programme. INTERNATIONAL AND REGIONAL ECONOMIC ISSUES 7. The Ministers expressed continuing support for the early accession of Lao PDR and Viet Nam to the WTO. Reafrming their commitment to the WTO Doha Development Agenda (DDA), the Ministers welcomed the decisions adopted by the General Council on 1 August 2004, noting that the package of framework and other agreements on agriculture, market access for nonagriculture products, development issues, trade facilitation and services are crucial steps towards allowing for an ambitious and balanced outcome to the DDA. The Ministers underlined the importance of making further progress on the DDA by the WTO Ministerial meeting in Hong Kong in December 2005. 8. The Ministers noted with regret that two ministeriallevel meetings, i.e. ASEM Finance Ministers and ASEM Economic Ministers meetings scheduled in 2004 have not been convened. Despite the above setbacks, the Ministers stressed the importance of a successful outcome from the forthcoming 5th ASEM Summit scheduled to be held in October 2004 in Ha Noi, Viet Nam. The theme of the Summit is To Further Revitalising Asia-Europe Partnership and Sustaining Asia-Europe Partnership.

LIST OF ASEAN ECONOMIC MINISTERS The Meeting was attended by: Mr. Lim Jock Hoi, Director-General, Representing Minister, Ministry of Industry and Primary Resources, Brunei Darussalam; H. E. Mr. Pascal Lamy, European Union Trade Commissioner; H.E. Mr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; H.E. Mr. Soulivong Daravong, Minister of Commerce, Lao PDR; H.E. Dato Seri Radah Aziz, Minister of International Trade and Industry, Malaysia; U Maung Maung Yi, Advisor, National AFTA Unit, Ministry of Foreign Affairs, Myanmar; H.E. Mr. Cesar V. Purisima, Secretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Watana Muangsook, Minister of Commerce, Thailand; H.E. Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

136
ASEAN Documents Series 2004 ASEAN Documents Series 2004

137

ASEAN FREE TRADE AREA

of the 18

th

Joint Media Statement Meeting of the ASEAN Free Trade Area (AFTA) Council
Jakarta, Indonesia, 2 September 2004

pleased to announce the improvement made on the CEPT Rules of Origin with the adoption of partial cumulation in the calculation of ASEAN content. They tasked relevant ofcials to work out the implementing guidelines for this enhanced ASEAN Cumulative Rules of Origin for consideration of the AEM Retreat in 2005. 10. The Ministers expressed optimism that with the improvements made on the CEPT rules, the business sector in the region would be encouraged to make use of the CEPT Scheme. 11. Noting the on-going negotiations on rules of origin under ASEANs free trade arrangements with Dialogue Partners, the Ministers underscored the importance of keeping these rules consistent with the CEPT Rules of Origin. Standards and Mutual Recognition Arrangements 12. The Ministers noted the progress made in implementing the Framework Agreement on Mutual Recognition Arrangements (MRAs) and the harmonization of standards. They were pleased to announce the completion of the harmonization work on 81 standards which was recognized to be necessary in facilitating intra-ASEAN trade and promoting market access of electrical and electronic products produced in the region. ASEAN Integration System of Preferences (AISP) 13. The Ministers discussed the status of the implementation of the AISP Scheme. The Ministers, concerned over the low utilization of the AISP Scheme, agreed on the need to expand the coverage of the Scheme. They strongly urged preference-receiving countries (CLMV) to request products highly traded in the region and those preference-giving countries (ASEAN 6) to be more forthcoming in considering these requests. The Ministers also urged preference-receiving countries to maximize the use of the AISP Scheme. 14. They emphasized the usefulness of the AISP Scheme in narrowing the development gap between ASEANs original and newer members and in hastening the integration of CLMV into the mainstream of the global and regional market for goods and services.

ASEAN Consultation to Solve Trade and Investment Issues 15. The Ministers welcomed the progress made in the establishment of the ASEAN Consultation to Solve Trade and Investment Issues (ACT), which was envisaged to form a network of government focal points where the private sector can channel operational problems encountered in the implementation of ASEAN economic agreements, such as the CEPT Agreement, for speedy resolution. They expressed their appreciation to the ASEAN-EU Programme for Regional Integration Support (APRIS), which is lending technical assistance and expertise to the ACT, which was modelled after EUs SOLVIT. 16. The Ministers encouraged the ASEAN Secretariat and APRIS to intensify their efforts to ensure that the ACT is established by the end of 2004, which is the deadline specied in the ASEAN Declaration of Concord II (Bali Concord II). ASEAN Trade Performance 17. The Ministers noted with satisfaction ASEANs trade performance, which continued to improved compared to the 2001-2002 performance. For 2002-2003, total ASEAN exports registered a growth rate of 12.12%, i.e. from US$ 383.85 billion in 2002 to US$ 430.39 billion in 2003. Total ASEAN imports, on the other hand, increased by 9.51%, i.e. from US$ 328.112 billion in 2002 to US$ 359.32 billion in 2003. 18. The Ministers were particularly pleased that intraASEAN exports continue to grow at a rate higher than ASEANs total exports. Intra-ASEAN exports increased from US$ 86.39 billion in 2002 to US$ 99.7 billion in 2003, up by 15.4%. The growth in intra-ASEAN imports, on the other hand, remained modest as it registered a 3.1% increase or from US$ 72.23 billion in 2002 to US$ 74.49 billion in 2003. Intra-ASEAN export as a percentage of total ASEAN export increased from 22.51% in 2002 to 23.16% in 2003 while for import, the percentage went down from 22.01% in 2002 to 20.73% in 2003. 19. The United States, Japan, the European Union, China and Korea also remained as ASEANs largest trading partners. The share of ASEAN trade (exports + imports) with these countries in overall ASEAN trade in 2003 were 14.1%, 13.7%, 11.5%, 7.0% and 4.1%, respectively.

1. The Eighteenth Meeting of the ASEAN Free Trade Area (AFTA) Council was held on 2 September 2004 in Jakarta, Indonesia. 2. The Meeting was attended by Ministers from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. The Secretary-General of ASEAN was also in attendance. The Meeting was chaired by H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia. The AFTA Council Meeting was preceded by a meeting of the ASEAN Senior Economic Ofcials on 31 August 2004. 3. The Ministers discussed, among others, the progress made in the implementation of the Common Effective Preferential Tariff (CEPT) Scheme; the status of the various requests made under the Protocol Regarding the Implementation of the CEPT Scheme Temporary Exclusion List; the ASEAN Integration System of Preference (AISP); the liberalization of ICT goods under the e-ASEAN Framework Agreement; work on the elimination of nontariff barriers; and the developments in the work on Rules of Origin. Realization of the ASEAN Free Trade Area 4. The Ministers welcomed the realization of the ASEAN Free Trade Area (AFTA) as 98.62% of the products in the CEPT Inclusion List (IL) of ASEAN-6 have been brought down to the 0-5% tariff range. As of this date, products in the IL which continue to have tariffs of above 5% are those which have been transferred from the Sensitive Lists (SL) and General Exception Lists (GE) in 2003. For the new ASEAN Member Countries (Cambodia, Lao PDR, Myanmar and Viet Nam or CLMV), 79.13% of the products traded in the region have been moved into the IL and tariffs on 69.88% of these items have already been brought down within the 05% band. 5. The Ministers were also pleased to note that tariffs on 60.89% of the products in the IL of ASEAN-6 have been eliminated as Thailand and the Philippines have complied with their commitment under the Protocol to Amend the CEPT-AFTA Agreement for the Elimination of Import Duties.

The average tariff for ASEAN-6 under the CEPT Scheme is now down to 1.91% from 12.76% in 1993. 6. The Ministers lauded Malaysia for its decision to accelerate the transfer of automotive CBUs and CKDs into the IL by one year, i.e. from 1 January 2005 to 1 January 2004. The Council underscored that such decision underpins the integration of ASEAN in the automotive sector, which is one of the eleven sectors for priority integration. Review of the GE List 7. The Ministers noted the review being undertaken on the GE Lists. The Ministers agreed to task Senior Ofcials to work towards instituting further improvements in the GE Lists, to make it more consistent with the CEPT Agreement. Elimination of Non-Tariff Barriers 8. The Ministers reiterated the importance they attach to the elimination of non-tariff barriers and called on Member Countries to intensify efforts in the identication of these barriers for subsequent elimination. The Council welcomed the establishment of the Database on ASEAN Non-Tariff Measures (NTMs) which can be accessed at the ASEAN Secretariat website (http://www.aseansec.org). Encouraged by this development, the Ministers renewed their call for greater business sector involvement in the process so that unknown or unlisted NTMs can be notied and cross-notied within the region and those posing as barriers to trade subsequently eliminated. Enhanced CEPT Rules of Origin 9. The Ministers commended the Task Force on the CEPT Rules of Origin for their relentless effort in enhancing and strengthening the CEPT Rules of Origin. They noted with satisfaction the progress made in this regard. They endorsed the revised CEPT Rules of Origin and its Operational Certication Procedures for the CEPT Rules of Origin, which has been amended to keep it in line with the dynamics in the business environment. The Ministers were

138
ASEAN Documents Series 2004 ASEAN Documents Series 2004

139

LIST OF AFTA COUNCIL MINISTERS The 18th AFTA Council Meeting was attended by: H.E. Ms. Rini M.S. Soewandi, Minister of Industry and Trade, Indonesia; AFTA Council Chairperson; Mr. Lim Jock Hoi, Director General, Representing Minister, Ministry of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Kong Vibol, First Secretary of State, Ministry of Economy and Finance, Cambodia; H.E. Mr. Somdy Douangdy, Vice-Minister of Finance, Lao PDR; H.E. Dato Ahmad Husni Mohamad Hanadzlah, Deputy Minister of International Trade and Industry Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; H.E. Dr. Thomas G. Aquino, Undersecretary of Trade and Industry, Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Dr. Virachai Virameteekul, Vice Minister of Finance, Thailand; H.E. Mr. Truong Chi Trung, Vice-Minister of Finance, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN

1st Protocol to Amend the Protocol on Special Arrangements on Sensitive and Highly Sensitive Products
Jakarta, Indonesia, 3 September 2004
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations (hereinafter referred to as ASEAN); NOTING the Protocol on the Special Arrangement for Sensitive and Highly Sensitive Products (hereinafter referred to as the Protocol), signed in Singapore on 30 September 1999; RECALLING the decision of the ASEAN Economic Ministers in Ha Noi, Viet Nam on 15 September 2001 to allow Indonesia and the Philippines to transfer sugar from the Temporary Exclusion List to the Highly Sensitive and Sensitive Lists, respectively, while taking into account the interest of Thailand as the largest supplier of sugar in ASEAN; RECOGNISING the need to amend the Protocol to reect the decision of the Ministers; HAVE AGREED AS FOLLOWS: ARTICLE 1 1. The following products shall be inserted in the Sensitive List of the Philippines in Annex 2 of the Protocol: Philippines Description - Raw sugar, not containing added avouring or coloring matter - - Cane sugar - - - In-Quota - - - Out-Quota - - Beet sugar - - - In-Quota - - - Out-Quota - Other - - Other - - - In-Quota - - - Out-Quota

No.

HS Code

59 60 61 62

1701.11 1701.11.100 1701.11.200 1701.12 1701.12.100 1701.12.200 1701.99 1701.99.100 1701.99.200

63 64

ARTICLE 2 1. This Protocol shall enter into force upon signature.

3. This Protocol shall be deposited with the Secretary-General of ASEAN, who shall promptly furnish a certied copy thereof to each Member State.

140
ASEAN Documents Series 2004 ASEAN Documents Series 2004

141

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the Protocol to Amend the Protocol on Special Arrangement for Sensitive and Highly Sensitive Products. DONE at Jakarta on the 3rd day of September in the year Two Thousand and Four, in a single copy in the English Language.

AGRICULTURE AND FORESTRY

For the Government of Brunei Darussalam

For the Government of the Union of Myanmar

Joint Press Statement of the 26 Meeting of the ASEAN Ministers on Agriculture and Forestry (26th AMAF)
th

Yangon, Myanmar, 7 October 2004


ABDUL RAHMAN TAIB Minister of Industry and Primary Resources For the Government of the Kingdom of Cambodia U TIN WINN Minister for Economic Cooperation For the Government of the Republic of the Philippines 1. H.E. General Khin Nyunt, the Prime Minister of Myanmar, ofcially opened the Twenty-sixth Meeting of the ASEAN Ministers on Agriculture and Forestry (AMAF) which was held on 7 October 2004 in Yangon, Myanmar 2. The Meeting was chaired by H.E. Major General Htay Oo, Minister of Agriculture and Irrigation, Myanmar and H.E. Mr. Arthur C. Yap, Secretary of Agriculture, the Philippines was the Vice Chairman. CHAM PRASIDH Senior Minister, Minister of Commerce For the Government of the Republic of Indonesia CESAR V. PURISIMA Secretary of Trade and Industry For the Government of the Republic of Singapore 3. The Ministers exchanged views on the global and regional situation and recent economic developments related to the food, agriculture and forestry sector. 4. In view of recent outbreaks of bird u i.e. Highly Pathogenic Avian Inuenza (HPAI) in some ASEAN Member Countries, the Ministers agreed to establish a Task Force under the ASEAN Sectoral Working Group on Livestock to coordinate cooperation for the control and eradication of HPAI in the region. Recognizing the potential adverse impact of HPAI on global public health, poultry production, trade and economic development, the Ministers urged the Senior Ofcials (SOM-AMAF) to implement this activity as soon as possible. The rst meeting of the Task Force will be held in Singapore. 5. The Ministers emphasised the importance of food safety in the region and agreed on regional food safety standards. In this regard, the Ministers endorsed an additional 86 maximum residue limits (MRLs) of 8 pesticides for various vegetables, fruits, and cash crops which are being traded widely among ASEAN Member Countries. Thus, the total number of MRLs that have been endorsed, to-date, is 455, involving a total of 36 pesticides. 6. The Ministers stressed the importance for ASEAN to stay united and adopt common stands for policy deliberations in overcoming many barriers to trade in ASEANs food, agriculture and forest products. To achieve this, the Ministers were hopeful that the establishment of the ASEAN Food Safety Network should provide better coordinated efforts for ASEAN to help resolve recurring problems of non-tariff barriers encountered in the trade of food and agricultural products. Thailand, as the lead country, had developed the website (www.aseanfoodsafetynetwork. net) to provide useful information on food safety. In the area of forestry, the establishment of an ASEAN Ad-hoc Experts Working Group on International Forest Policy Process (EWG-IFPP) should help to serve as a dialogue mechanism for regional cooperation in the implementation of the international forest regime. 7. The Ministers also agreed to the proposed establishment of the ASEAN Animal Health Trust Fund, aimed at undertaking all efforts to make the ASEAN region free from Foot-and-Mouth Disease (FMD) and other transboundary animal diseases. The Fund will facilitate the implementation of unied and harmonized animal health programs within the ASEAN region. 8. The Ministers recognized the signicant role and function of the Southeast Asian Fisheries Development Center (SEAFDEC) in the promotion of sustainable sheries in the ASEAN region, and expressed their appreciation to SEAFDEC and Japan for their contributions. In particular, the Ministers acknowledged the success of the Seminar on ASEAN-Japan Cooperation for Sustainable Fisheries through SEAFDEC , which was held on 3-5 December 2003, Tokyo, Japan, for commemorating the ASEAN-Japan Exchange Year 2003. The Ministers endorsed the Statement from the Seminar including the ASEAN Vision: To be a leader in Sustainable Tropical Fisheries for the People , and agreed that ASEAN-Japan cooperation in sheries through SEAFDEC, should be further strengthened. 9. The Ministers endorsed the ASEAN statement on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to develop regional solutions to implement CITES for presentation at the Thirteenth Meeting of the Conference of the Parties to CITES to be held on 11 October 2004 in Bangkok, Thailand. The Statement acknowledged the need for closer cooperation among national agencies, strengthening enforcement, encouraging scientic research and trade monitoring; and urging potential donors to provide technical and nancial supports. 10. As this year is declared International Year of Rice (IYR), the Ministers commended all Member Countries for their efforts in undertaking activities to commemorate IYR in their respective countries.

RINI M. SUMARNO SOEWANDI Minister of Industry and Trade For the Government of the Lao Peoples Democratic Republic

LIM HNG KIANG Minister for Trade and Industry For the Government of the Kingdom of Thailand

SOULIVONG DARAVONG Minister of Commerce For the Government of Malaysia

WATANA MUANGSOOK Minister of Commerce For the Government of the Socialist Republic of Vietnam

RAFIDAH AZIZ Minister of International Trade and Industry

TRUONG DINH TUYEN Minister of Trade

142
ASEAN Documents Series 2004 ASEAN Documents Series 2004

143

11. Recognising the importance of rice to the region, and the need for further support for rice research, the Ministers urged international donors to strengthen their support to the International Rice Research Institute (IRRI). It is envisaged that enhanced ties in specic areas of cooperation should provide benets to the regions rice farmers and consumers. 12. In support of the United Nations Millennium Development Goals and in recognition of the International Year of Rice 2004, the Ministers endorses a ten year, three point plan focussing on the vitally important rice production challenges of water scarcity, global warming and inadequate human resources. ASEAN and its partners invite the International Rice Research Institute and other concerned agencies of ASEAN to develop a detailed blue print for the plan and coordinate its implementation to minimise the impact of these major threats to ASEAN rice production. 13. Similarly, further resource mobilisation for agriculture and rural development in the ASEAN members is essential as agriculture plays a dominant role in improving food security and poverty reduction. More investment in the sector will create more employment and improve economic growth. The Ministers endorses the declaration on Investing Agriculture for Food Security and Poverty Reduction with a thrust of reiterating political commitment to the World Food Summit targets and enhancing public investment in agriculture for hunger and poverty eradication in ASEAN. 14. The Ministers underscored the importance of the agriculture and forestry sectors in the ASEAN economy as recognized by the ASEAN Leaders during their Summit in Bali in 2003. To help realize the establishment of ASEAN as a single market and production base, characterized by free movement of goods, services, investment, and a freer ow of capital, closer cooperation and integration activities, it was important that regional efforts continue to promote the competitiveness of the agriculture and forestry sectors in each Member Country. 15. The Ministers reviewed the results of the implementation of the Strategic Plan of Action (SPA) on ASEAN Cooperation in Food, Agriculture and Forestry (1999-2004) as presented by the SOM AMAF. In the formulation of the next phase of the SPA, the Ministers agreed that ASEAN cooperation in food, agriculture and forestry maintain the current strategic thrusts. For food and agriculture, the strategic thrusts are (i) Strengthening Food Security Arrangements in the Region; (ii) Enhancement of International Competitiveness of ASEAN Food and Agricultural Products/ Commodities; (ii) Enhancement of ASEAN Cooperation and Joint Approaches in International and Regional Issues; (iv) Development

Acceleration of Transfer and Adoption of New Technologies; (v) Enhancement of Private Sector Involvement; and (vi) Management, Sustainable Utilisation and Conservation of Natural Resources. For the forestry, the strategic thrusts are (i) Ensuring Sustainable Forest Management (SFM) and Conservation of Natural Resources; (ii) Strengthening ASEANs Cooperation and Joint Approaches in Addressing International and Regional Forestry Issues; (iii) Promotion on Intra and Extra-ASEAN Trade in Forest Products and Private Sector Participation; (iv) Increasing Productivity Efciency and Sustainable Utilisation of Forest Products; and (v) Capacity Building and Human Resources Development. New issues would be incorporated as newly proposed activities for cooperation. 16. The Ministers endorsed the Strategic Plan of Action on ASEAN Cooperation in Food, Agriculture and Forestry (2005 2010) as it will play an important role in guiding cooperation activities in the region, and urged the SOM-AMAF and all subsidiary and ancillary bodies concerned to prepare the detailed work plans to implement their respective plan of actions. The Ministers also endorsed the Vientiane Action Programme for food, agriculture and forestry to submit it to the ASEAN Leaders at the coming ASEAN Summit in Vientiane in November 2004. 17. In line with the priority to strengthen the competitiveness of ASEAN products, the Ministers agreed to extend the MOU on ASEAN Cooperation in Agriculture and Forest Products Promotion Scheme for another ve years as it remains relevant and continues to serve as the basis to pursue cooperation with the private sector and to coordinate joint positions on issues related to trade in ASEAN agriculture and forest products. In line with new developments in international fora and conventions, the Ministers tasked the SOM-AMAF to review the MOU. 18. The Ministers fully endorsed the implementation of a capacity building programme to help improve agriculture competitiveness in Cambodia, Lao PDR, Myanmar and Viet Nam. Efforts will be taken to mobilise donor resources to implement the three year programme on Strengthening Human Resource Capacities for Agriculture Competitiveness of the Transitional Economies of ASEAN through Technical Cooperation among Developing Countries to train scholars, trainers, and ofcials from these countries. 19. The Ministers from ASEAN Member Countries expressed their appreciation to the Government and people of Myanmar for hosting the 26th Meeting of AMAF and for their warm hospitality. The next AMAF meeting will be hosted by the Philippines in 2005.

LIST OF MINISTERS H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Chan Sarun, Minister of Agriculture, Forestry and Fisheries, Cambodia; Honourable Dr. Memed Gunawan, Secretary General, Ministry of Agriculture, Indonesia; H.E. Dr. Siene Saphangthong, Minister of Agriculture & Forestry, Lao PDR; H.E. Tan Sri Dato Haji Muhyiddin bin Haji Mohd. Yassin, Minister of Agriculture and Agro-Based Industry, Malaysia; H.E. Major General Htay Oo, Minister of Agriculture and Irrigation, Myanmar; H.E. Mr. Arthur C. Yap, Secretary of Agriculture, the Philippines; H.E. Mr. Mah Bow Tan, Minister for National Development, Singapore; H.E. Mr. Suphot Dhirakaosal, Ambassador of Thailand to the Union of Myanmar; H.E. Dr. Bui Ba Bong, Vice Minister of Agriculture and Rural Development, Viet Nam.

144
ASEAN Documents Series 2004 ASEAN Documents Series 2004

145

Joint Press Statement th of the 4 Meeting of the ASEAN Agriculture and Forestry Ministers and the Ministers of the People Republic of China, Japan and Republic of Korea (4th AMAF Plus Three)
Yangon, Myanmar, 8 October 2004
1. The ASEAN Ministers of Agriculture and Forestry and the Ministers of the Peoples Republic of China, Japan and the Republic of Korea held their fourth meeting in Yangon, Myanmar, 8 October 2004 under the chairmanship of H.E. Major General Htay Oo, Minister of Agriculture and Irrigation, The Union of Myanmar. 2. The Ministers expressed satisfaction with the growing number of cooperation activities in agriculture, sheries and forestry that have been carried out between China, Japan and the Republic of Korea and ASEAN in the various areas of collaboration. The Ministers welcomed the new projects proposed for this year as well as the coming year. These activities will continue to be instrumental in fostering good relations and contribute to the stable and equitable development of agriculture, sheries and forestry in the region. 3. The Ministers recognized the necessity for conserving the natural environment; preserving the social and cultural traditions of rural communities while promoting a sustainable development in agriculture, forestry and shery sectors. Moreover, the Ministers recognised that agriculture, which is the foundation of each society, should be maintained and developed to secure a stable supply of safe foods to their own peoples. 4. The Ministers reafrmed the importance of establishing the East Asian Emergency Rice Reserve(EAERR) to strengthen food security and address poverty alleviation in the East Asian region, and encouraged each country to actively contribute on a voluntary basis to the Pilot Project including earmarked and stockpiled rice reserve taking into account the reference quantity for the project and to be further engaged in developing the Guidelines for Release of EAERR stock, while welcoming the commencement of the 3-year Pilot Project of the East Asia Emergency Rice Reserve earlier this year. The Ministers also urged the ASEAN Plus Three countries to join the EAERR expeditiously. 5. The Ministers are pleased with the further developments of the ASEAN Food Security Information System (AFSIS) which manages, analyses and disseminates data and information on food security of the ASEAN Plus Three countries. 6. Recognising the impact of Highly Pathogenic Avian Inuenza (HPAI) on public health, poultry production and the economy in the region, the Ministers expressed their support for the formulation of the HPAI task force to coordinate the control and eradication of HPAI in the region and to share experiences and expertise in HPAI control. 7. The Ministers reafrmed the important role of rice and its production system in the reduction of poverty and malnutrition population, and welcomed the many activities undertaken by each country to commemorate the International Year of Rice. 8. Recognising that deforestation and degradation of forests in the region still remains to be a critical problem, the Ministers reafrmed the need for effective collaboration to enhance sustainable forest management in the region. 9. The Ministers afrmed the necessity for the sustainable and effective utilisation of marine bio-resources from a viewpoint of the food security and the cooperation promotion to be contributed to the development of the shery sector. 10. The Ministers agreed to have their fth meeting in the Philippines in 2005. 9. The Ministers noted that the Seventh ASEAN and Peoples Republic of China, Japan and Republic of Korea Summit will be held in 28 29 November 2004 in Vientiane, Lao PDR, during which the highlights of the Fourth Meeting of AMAF Plus Three will be reported. 10. The Ministers expressed their sincere appreciation to the Government and people of the Union of Myanmar for the warm hospitality and excellent arrangements made for the Meeting.

The Meeting was attended by: H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Chan Sarun, Minister of Agriculture, Forestry and Fisheries, Cambodia; Honourable Dr. Memed Gunawan, Secretary General, Ministry of Agriculture, Indonesia; H.E. Dr. Siene Saphangthong, Minister of Agriculture & Forestry, Lao PDR; H.E. Tan Sri Dato Haji Muhyiddin bin Haji Mohd. Yassin, Minister of Agriculture and Agro-Based Industry, Malaysia; H.E. Major General Htay Oo, Minister of Agriculture and Irrigation, Myanmar; H.E. Mr. Arthur C. Yap, Secretary of Agriculture, the Philippines; H.E. Mr. Mah Bow Tan, Minister for National Development, Singapore; H.E. Mr. Suphot Dhirakoasal, Ambassador of Thailand to the Union of Myanmar; H.E. Dr. Bui Ba Bong, Deputy - Minister of Agriculture and Rural Development Ministry of Agriculture and Rural Development, Viet Nam; H.E. Mr. Fan Xiaojian, Vice Minister of Agriculture, Peoples Republic of China; H.E. Mr. Hiroyuki Kinoshita, Vice Minister of Agriculture, Forestry and Fisheries, Japan; H.E. Mr. Hae-Sang Park, Deputy Minister of Agriculture and Forestry, Republic of Korea

146
ASEAN Documents Series 2004 ASEAN Documents Series 2004

147

ASEAN Statement on CITES on the Occasion of th the 13 Meeting of the Conference of the Parties to CITES
Bangkok, Thailand, 11 October 2004
Aware that the countries of ASEAN are rich in biodiversity and home to many endangered species of wild fauna and ora; Recognizing the conservation actions and commitments that have already been made with respect to the species regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) through its Decisions and Resolutions; Acknowledging the progress made at the national and ASEAN levels in promoting sustainable use of wild fauna and ora; Recognizing that concerted and coordinated joint actions are required to address the illegal exploitation and trade in CITES-listed species within the ASEAN region; Recognizing that efforts on a regional level may be most effective and appropriate in addressing a regional-level problem; Acknowledging the importance and benets of regional cooperation and coordination in developing, coordinating, implementing and enforcing laws and regulations on conservation of wild fauna and ora; Aware of the importance of sharing information and technical expertise within ASEAN with a view to increasing the capacity of ASEAN as a whole; Aware of the importance of involving ASEAN Member Countries as well as all relevant governmental, intergovernmental and non-governmental organizations in these efforts; and Stressing the importance of nancial and technical support and assistance from the international community in helping countries in ASEAN to build resources, expertise and capacity to address illegal exploitation and trade in wild fauna and ora; 6. 2 We, the ASEAN Ministers Responsible for the Implementation of CITES, hereby acknowledge the need: 1. to enhance awareness of and to ensure further cooperation and coordination among all national agencies involved in wild fauna and ora trade law enforcement including the sharing of intelligence information and, where appropriate, the establishment of inter-agency committees, taskforce or coordination groups; to further promote regional cooperation through the establishment of bilateral and multilateral arrangements between enforcement agencies responsible for common boundaries to achieve more effective control of illegal international trade in wild fauna and ora and their products; to strengthen enforcement efforts along key border regions, including further building of capacity and capability; to consider undertaking the review of their respective national legislation to facilitate the implementation of CITES if deemed necessary; to encourage wider scientic research, wild population assessment and trade monitoring to ensure that sufcient and accurate biological and trade information is available on key wild species in trade so as to ensure that the trade is not detrimental to the wild population; to urge countries, donors and organisations to provide urgent sufcient nancial and technical support to ASEAN countries to strengthen the above efforts, in particular related to provision of scientic information on the key species in trade and building capacity and capability for CITES enforcement; and under the auspices of the ASEAN Senior Ofcials on Forestry (ASOF) through the ASEAN Experts Group on CITES (AEG-CITES), to develop an ASEAN Regional Action Plan on Trade in wild fauna and ora to implement the above commitments and actions.

List of Ministers or representatives H.E. Dato Paduka Haji Mohd. Yunos Bin Haji Mohd. Hussein, Ambassador of Brunei Darussalam in Thailand; Honorable. UK Sokhonn, Ministry of Agriculture, Forestry and Fisheries, Cambodia; Honorable Koes Saparjadi, Ministry of Forestry, Indonesia; Honorable. Souvanna Phouyavong, Embassy of Lao Peoples Democratic Republic in Thailand; H.E. Dato Sothi Nathan, Ministry of Natural Resources and Environment, Malaysia; Honorable. Khin Maung Zaw, Ministry of Forestry, Myanmar; Honorable Dr.Theresa Mundita Lim, Department of Environment and Natural Resources, the Philippines; Honorable Dr. Ngiam Tong Tau, Ministry for National Development, Singapore; H.E. Suwit Khunkitti, Ministry of Natural Resources and Environment, Thailand; Honorable Ha Cong Tuan, Ministry of Agriculture and Rural Development, Vietnam; Honorable Dr.Azmi Mat Akhir, ASEAN Secretariat

4.

5.

148
ASEAN Documents Series 2004 ASEAN Documents Series 2004

149

Joint Press Release of the ASEAN Ministerial Session on CITES


Bangkok, Thailand, 11 October 2004
1. His Excellency Mr. Suwit Khunkitti of the Kingdom of Thailand, ofcially opened and delivered the Welcoming Address to the ASEAN Ministers who are responsible for CITES on the occasion of the ASEAN Ministerial Session on CITES, Bangkok, Thailand, on 11 October 2004. 2. The Ministers of the ASEAN Member Countries who are responsible for the implementation of CITES, met, under the chairmanship of H.E. Mr. Suwit Khunkitti, Minister of Natural Resources and Environment of the Kingdom of Thailand. 3. The Ministerial Session was conducted in conjunction with the rst CITES CoP held in Southeast Asiathe CITES CoP13. ASEAN regards this important international conference as recognition of the work that ASEAN countries have carried out in recent years in promoting the conservation and sustainable use of natural resources in the ASEAN region. 4. As an overarching consensus among ASEAN Member Countries, the Statement covers a wide range of needs, issues and concerns from scientic research and trade monitoring, which provide the baseline data that is necessary for informed decision-making, to information sharing which is a key component of an ASEAN-wide enforcement network. 5. The ASEAN Statement on CITES is remarkable not only because it brings together a diversity of nations or because of its singular focus on the trade in wild fauna and ora, but because it will provide an essential and solid foundation for further action and commitments in our region - on national, bilateral, sub-regional and regional levels. ASEAN Member Countries regard the ASEAN Statement on CITES as the way of encouraging and facilitating closer engagement among neighbors to combat illegal trade, which is a challenge that extends well beyond the borders and jurisdiction. 6. In realizing the adopted Statement, an ASEAN Regional Action Plan on Trade in wild fauna and ora is being formulated. Indonesia will spearhead the development of the action plan, which will outline specic and concrete actions and commitments in the coming months. 7. ASEAN hopes to lead by example in striving to improve CITES implementation and enforcement on a regional level with a broad scope and a long-term strategy in mind. 8. The adopted ASEAN Statement is attached herewith.

CUSTOMS

Protocol to Amend the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature
Jeju Island, Korea, 15 May 2004
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, Lao Peoples Democratic Republic, Malaysia, Union of Myanmar, the Republic of Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam of the Association of South East Asian Nations (hereinafter referred to as ASEAN): RECALLING the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature (hereinafter referred to as the AHTN Protocol) signed on 7 August 2003; NOTING that the AHTN Protocol may be amended by mutual agreement of all Member States as specied by Article 10(1) of the AHTN Protocol; RECOGNISING the need to specify the exact version of the harmonised tariff nomenclature and related documents as stated in Articles 3(2) and 10(2) of the AHTN Protocol; SEEKING to incorporate Interpretative Notes of the AHTN Protocol into the said Protocol; SEEKING to ensure certainty, transparency and uniformity in the application of the AHTN; HAVE AGREED AS FOLLOWS: ARTICLE 1 Amendment of Article 3 Article 3(2) of the AHTN Protocol shall be substituted with the following: .. 2. The AHTN and the Supplementary Explanatory Notes (hereinafter referred to as SEN) relating to the ASEAN subheadings, referred herein, are the ASEAN Harmonised Tariff Nomenclature, Edition 2002/1, year 2002, and the Supplementary Explanatory Notes Edition 2002/1, year 2002, and their respective amendments thereto. The AHTN and the SEN and their respective amendments are annexed to the Protocol. The SEN shall form an integral part of the AHTN. ARTICLE 2 Amendment of Article 10 Article 10(2) of the Protocol shall be substituted with the following: .. 2. Annexes may be introduced to the Protocol and shall form an integral part thereof. The Interpretative Notes of the Protocol are annexed to and shall form an integral part of the Protocol. Any reference to the Protocol is deemed to include also a reference to the Annexes. ARTICLES Final Provisions 1. This Protocol shall enter into force on the date of its signature. 2. The Protocol shall be deposited with the SecretaryGeneral of ASEAN who shall promptly furnish a certied copy thereof to each Member State. IN WITNESS WHEREOF the undersigned, being duly authorised to sign the Protocol, have signed this Protocol to amend the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature. DONE at Jeju Island, Korea, on the 15th day of May 2004, in a single copy in the English Language.

150
ASEAN Documents Series 2004 ASEAN Documents Series 2004

151

For the Government of Brunei Darussalam

For the Government of the Union of Myanmar

DISPUTE SETTLEMENT MECHANISM

Asean Protocol on Enhanced Dispute Settlement Mechanism


PEHIN DATO DR. HAJI AHMAD JUMAT Minister Representing the Ministry of Finance MAJOR GENERAL HLA TUN Minister of Finance and Revenue

Vientiane, Laos, 29 November 2004


The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of South East Asian Nations (hereinafter collectively referred to as ASEAN or Member States or singularly as Member State); RECALLING the Framework Agreement on Enhancing ASEAN Economic Cooperation signed in Singapore on 28 January 1992, as amended by the Protocol to Amend the Framework Agreement on Enhancing ASEAN Economic Cooperation signed in Bangkok on 15 December 1995 (the Agreement) and the Protocol on Dispute Settlement Mechanism signed in Manila on 20 November 1996 ( the 1996 Protocol on DSM); FURTHER RECALLING that the 9th ASEAN Summit held in Bali on 7-8 October 2003, had decided on institutional strengthening of ASEAN, including the improvement of the ASEAN Dispute Settlement Mechanism, as reected in the Bali Concord II; DESIRING to replace the 1996 Protocol on DSM with the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (hereinafter referred to as Protocol); HAVE AGREED AS FOLLOWS: ARTICLE 1 Coverage and Application 1. The rules and procedures of this Protocol shall apply to disputes brought pursuant to the consultation and dispute settlement provisions of the Agreement as well as the agreements listed in Appendix I and future ASEAN economic agreements (the covered agreements). The rules and procedures of this Protocol shall apply subject to such special or additional rules and procedures on dispute settlement contained in the covered agreements. To the extent that there is a difference between the rules and procedures of this Protocol and the special or additional rules and procedures in the covered agreements, the special or additional rules and procedures shall prevail. ARTICLE 3 Consultations 1. Member States shall accord adequate opportunity for consultations regarding any representations made by other Member States with respect to any matter affecting the implementation, interpretation or application of the Agreement or any covered agreement. Any differences shall, as far as possible, be settled amicably between the Member States. Member States which consider that any benet accruing to them directly or indirectly, under the Agreement or any covered agreement is being nullied or impaired, or that the attainment of any objective of the Agreement or any covered agreement is being impeded as a result of failure of another Member State to carry out its obligations under the Agreement or 2. 3. The provisions of this Protocol are without prejudice to the rights of Member States to seek recourse to other fora for the settlement of disputes involving other Member States. A Member State involved in a dispute can resort to other fora at any stage before a party has made a request to the Senior Economic Ofcials Meeting (SEOM) to establish a panel pursuant to paragraph 1 Article 5 of this Protocol. ARTICLE 2 Administration 1. The SEOM shall administer this Protocol and, except as otherwise provided in a covered agreement, the consultation and dispute settlement provisions of the covered agreements. Accordingly, the SEOM shall have the authority to establish panels, adopt panel and Appellate Body reports, maintain surveillance of implementation of ndings and recommendations of panel and Appellate Body reports adopted by the SEOM and authorise suspension of concessions and other obligations under the covered agreements. The SEOM and other relevant ASEAN bodies shall be notied of mutually agreed solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements.

For the Government of the Kingdom of Cambodia

For the Government of the Republic of the Philippines

KEAT CHHON Senior Minister, Minister of Economy and Finance

JUANITA D. AMATONG Secretary of Finance

For the Government of the Republic of Indonesia

For the Government of the Republic of Singapore

BUDIONO Minister of Finance

LIM HNG KIANG Minister, Prime Ministers Ofce and Second Minister for Finance

For the Government of the Lao Peoples Democratic Republic

For the Government of the Kingdom of Thailand

CHANSY PHOSIKHAM Minister of Finance

SOMKID JATUSRIPITAK Minister of Finance

For the Government of Malaysia

For the Government of the Socialist Republic of Viet Nam

TAN SRI NOR MOHAMED YAKCOP Minister of Finance II

DR. LE THI BANG TAM Vice Minister of Finance

2.

2.

152
ASEAN Documents Series 2004 ASEAN Documents Series 2004

153

any covered agreement, or the existence of any other situation may, with a view to achieving satisfactory settlement of the matter, make representations or proposals to the other Member State concerned, which shall give due consideration to the representations or proposals made to it. 3. All such requests for consultations shall be notied to the SEOM. Any request for consultations shall be submitted in writing and shall give the reason for the request including identication of the measures at issue and an indication of the legal basis for the complaint. If a request for consultations is made, the Member State to which the request is made shall reply to the request within ten (10) days after the date of its receipt and shall enter into consultations within a period of thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. In cases of urgency, including those which concern perishable goods, the parties to the dispute, panels and the Appellate Body shall make every effort to accelerate the proceedings to the greatest extent possible. ARTICLE 4 Good Ofces, Conciliation or Mediation 1. Member States which are parties to a dispute may at any time agree to good ofces, conciliation or mediation. They may begin at any time and be terminated at any time. Once procedures for good ofces, conciliation or mediation are terminated, a complaining party may then proceed with a request to the SEOM for the establishment of a panel. If the parties to a dispute agree, procedures for good ofces, conciliation or mediation may continue while the panel process proceeds. The Secretary-General of ASEAN may, acting in an ex ofcio capacity, offer good ofces, conciliation or mediation with the view to assisting Member States to settle a dispute. ARTICLE 5 Establishment of Panels 1. If the Member State to which the request for consultations is made does not reply within ten (10) days after the date of receipt of the request, or does not enter into consultations within a period of thirty (30) days after the date of receipt of the request, or the consultations fail to settle a dispute within sixty (60) days after the date of receipt of the request, the matter shall be raised to the SEOM if the complaining

party wishes to request for a panel. The panel shall be established by the SEOM, unless the SEOM decides by consensus not to establish a panel. 2. A panel shall be established at the meeting of the SEOM held immediately after the receipt of the request for a panel and accordingly the request shall be placed on the agenda of the SEOM at that meeting. In the event that no the SEOM meeting is scheduled or planned within forty ve (45) days of receipt of the request, the establishment of the panel or the decision not to establish it shall be done or taken, as the case may be, by circulation. A non-reply shall be considered as agreement to the request for the establishment of a panel. The issue of the establishment of the panel shall be settled within the forty ve (45) day-period, irrespective of whether it is settled at the SEOM or by circulation. The request for the establishment of a panel shall be made in writing. It shall indicate whether consultations were held, identify the specic measures at issue and provide a brief summary of the legal basis of the complaint sufcient to present the problem clearly. In case the complainant requests the establishment of a panel with other than standard terms of reference, the written request shall include the proposed text of the special terms of reference. ARTICLE 6 Terms of Reference of Panels 1. Panels shall have the following terms of reference unless the parties to the dispute agree otherwise prior to the establishment of a panel: To examine in the light of the relevant provisions in (name of the covered agreement(s) cited by the parties to the dispute), the matter referred to the SEOM by (name of party) in (document) and to make such ndings as will assist the SEOM in the adoption of the panel report or in making its decision not to adopt the report. 2. Panels shall address the relevant provisions in any covered agreement or agreements cited by the parties to the dispute. In establishing a panel, the SEOM may authorise its Chairman to draw up the terms of reference of the panel in consultation with the parties to the dispute, notwithstanding the provisions in paragraph 1 hereof. The terms of reference thus drawn up shall be circulated to all Member States. If other than standard terms of reference are agreed upon, any Member State may raise any point relating thereto with the SEOM at the time of establishment of a panel.

ARTICLE 7 Function of Panel The function of the panel is to make an objective assessment of the dispute before it, (including an examination of the facts of the case and the applicability of and conformity with the sections of the Agreement or any covered agreements) and its ndings and recommendations in relation to the case. ARTICLE 8 Panel Procedures, Deliberations and Findings 1. A panel shall, apart from the matters covered in Appendix II regulate its own procedures in relation to the rights of parties to be heard and its deliberations. A panel shall submit its ndings and recommendations to the SEOM in the form of a written report within sixty (60) days of its establishment. In exceptional cases, the panel may take an additional ten (10) days to submit its ndings and recommendations to the SEOM. Before submitting its ndings and recommendations to the SEOM, the panel shall accord adequate opportunity to the parties to the dispute to review the report. A panel shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Member State shall respond promptly and fully to any request by a panel for such information as the panel considers necessary and appropriate. Panel deliberations shall be condential. The reports of panels shall be drafted without the presence of the parties to the dispute in the light of the information provided and the statements made. ARTICLE 9 Treatment of Panel Report 1. The SEOM shall adopt the panel report within thirty (30) days of its submission by the panel unless a party to the dispute formally noties the SEOM of its decision to appeal or the SEOM decides by consensus not to adopt the report. If a party has notied its decision to appeal, the report by the panel shall not be considered for adoption by the SEOM until after the completion of the appeal. SEOM representatives from Member States which are parties to a dispute can be present during the deliberations of the SEOM. In the event that no meeting of the SEOM is scheduled or planned to enable adoption or non-adoption of the panel report, as the case may be, within the thirty (30) day period in paragraph 1 hereof, the adoption shall be 1. 2.

done by circulation. A non-reply shall be considered as acceptance of the decision and/or recommendation in the panel report. The adoption or non-adoption shall be completed within the thirty (30) day period in paragraph 1 hereof, notwithstanding the resort to a circulation process. ARTICLE 10 Procedures for Multiple Complainants 1. Where more than one Member State requests the establishment of a panel related to the same matter, a single panel may be established to examine these complaints taking into account the rights of all Member States concerned. A single panel should be established to examine such complaints whenever feasible. The single panel shall organize its examination and present its ndings and recommendations to the SEOM in such a manner that the rights which the parties to the dispute would have enjoyed had separate panels examined the complaints are in no way impaired. If one of the parties to the dispute so requests, the panel shall submit separate reports on the dispute concerned. The written submissions by each of the complainants shall be made available to the other complainants, and each complainant shall have the right to be present when any one of the other complainants presents its views to the panel. If more than one panel is established to examine the complaints related to the same matter, to the greatest extent possible, the same persons shall serve as panelists on each of the separate panels and the timetable for the panel process in such disputes shall be harmonized. ARTICLE 11 Third Parties The interests of the parties to a dispute and those of other Member States under a covered agreement at issue in the dispute shall be fully taken into account during the panel process. Any Member State having a substantial interest in a matter before a panel and having notied its interest to the SEOM (referred to in this Protocol as a third party) shall have an opportunity to be heard by the panel and to make written submissions to the panel. These submissions shall also be given to the parties to the dispute and shall be reected in the panel report. Third parties shall receive the submissions of the parties to the dispute to the rst substantive meeting of the panel.

4.

2.

5.

3.

3.

4.

3.

5.

2.

3.

2.

3.

2.

3.

154
ASEAN Documents Series 2004 ASEAN Documents Series 2004

155

4.

If a third party considers that a measure already the subject of a panel proceeding nullies or impairs benets accruing to it under any covered agreement, that Member State may have recourse to normal dispute settlement procedures under this Protocol. Such a dispute shall be referred to the original panel wherever possible. ARTICLE 12 Appellate Review

6.

An appeal shall be limited to issues of law covered in the panel report and legal interpretations developed by the panel. The Appellate Body shall be provided with the appropriate administrative and legal support as it requires. Working procedures of the Appellate Body shall be drawn up by the SEOM. Any amendments thereto, shall be drawn up from time to time as necessary by the Appellate Body in consultation with the SEOM and the Secretary-General of ASEAN, and communicated to the Member States for their information. The proceedings of the Appellate Body shall be condential. The reports of the Appellate Body shall be drafted without the presence of the parties to the dispute and in the light of the information provided and the statements made.

7.

8.

made available to the parties to the dispute. Nothing in this Protocol shall preclude a party to a dispute from disclosing statement of its own positions to the public. Member States shall treat as condential information submitted by another Member State to the panel or the Appellate Body which that Member State has designated as condential. A party to a dispute shall also, upon request of a Member State, provide a noncondential summary of the information contained in its written submissions that could be disclosed to the public. ARTICLE 14 Panel and Appellate Body Recommendations 1. Where a panel or the Appellate Body concludes that a measure is inconsistent with a covered agreement, it shall recommend that the Member State concerned bring the measure into conformity with that agreement. In addition to its recommendations, a panel or the Appellate Body may suggest ways in which the Member State concerned could implement the recommendations. In their ndings and recommendations, a panel and the Appellate Body cannot add to or diminish the rights and obligations provided in the covered agreements. The panels and the Appellate Body shall also deal with the issue of expenses to be borne by the parties to the dispute, including third parties, to replenish the ASEAN Dispute Settlement Mechanism (DSM) Fund as part of their ndings and recommendations. The panels and the Appellate Body may apportion the expenses in the manner appropriate to the particular case. ARTICLE 15 Surveillance of Implementation of Findings and Recommendations 1. Since prompt compliance with the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM is essential in order to ensure effective resolution of disputes, parties to the dispute who are required to do so shall comply with the ndings and recommendations of panel reports adopted by the SEOM within sixty (60) days from the SEOMs adoption of the same, or in the event of an appeal sixty (60) days from the SEOMs adoption of the ndings and recommendations of the Appellate Body reports, unless the parties to the dispute agree on a longer time period. When a party to the dispute requests for a longer time period for compliance, the other party shall take into account the circumstances of the particular case and

accord favourable consideration to the complexity of the actions required to comply with the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM. The request for a longer period of time shall not be unreasonably denied. Where it is necessary to pass national legislation to comply with the ndings and recommendations of panel and Appellate Body reports, a longer period appropriate for that purpose shall be allowed. 3. The decision of the parties on the extension of time shall be made within fourteen (14) days from the SEOMs adoption of the ndings and recommendations of the panel report, or in the event of an appeal fourteen (14) days from the SEOMs adoption of the ndings and recommendations of the Appellate Bodys reports. Any party required to comply with the ndings and recommendations shall provide the SEOM with a status report in writing of their progress in the implementation of the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM. Where there is disagreement as to the existence or consistency with a covered agreement of measures taken to comply with the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM such dispute shall be decided through recourse to these dispute settlement procedures, including wherever possible resort to the original panel. The panel shall circulate its report within sixty (60) days, after the date of referral of the matter to it. When the panel considers that it cannot provide its report within this time frame, it shall inform the SEOM in writing of the reasons for the delay together with an indication of the period within which it will submit its report. In no case shall the proceedings for this purpose and the submission of the report exceed ninety (90) days after the date of reference of the matter to the panel. The SEOM shall keep under surveillance the implementation of the ndings and recommendations of panel and Appellate Body reports adopted by it. The issue of implementation of the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM may be raised at the SEOM by any Member State at any time following their adoption. Unless the SEOM decides otherwise, the issue of implementation of the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM shall be placed on the agenda of the SEOM meeting and shall remain on the SEOMs agenda until the issue is resolved. At least ten (10) days prior to each such the SEOM meeting, the party concerned shall provide the SEOM with a status report in writing of its progress in the implementation of the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM.

1.

An Appellate Body shall be established by the ASEAN Economic Ministers (AEM). The Appellate Body shall hear appeals from panel cases. It shall be composed of seven (7) persons, three (3) of whom shall serve on any one case. Persons serving on the Appellate Body shall serve on cases in rotation. Such rotation shall be determined in the working procedures of the Appellate Body. The AEM shall appoint persons to serve on the Appellate Body for a four-year term, and each person may be reappointed once. A person appointed to replace a person whose term of ofce has not expired shall hold ofce for the remainder of the predecessors term. The Appellate Body shall comprise of persons of recognised authority, irrespective of nationality, with demonstrated expertise in law, international trade and the subject matter of the covered agreements generally. They shall be unafliated with any government. All persons serving on the Appellate Body shall be available at all times and on short notice, and shall stay abreast of dispute settlement activities and other relevant activities of ASEAN. They shall not participate in the consideration of any disputes that would create a direct or indirect conict of interest. Only parties to the dispute, not third parties, may appeal a panel report. Third parties, which have notied the SEOM of a substantial interest in the matter pursuant to paragraph 2 of Article 11 may make written submissions to, and be given an opportunity to be heard by the Appellate Body. As a general rule, the proceedings of the Appellate Body shall not exceed sixty (60) days from the date a party to the dispute formally noties its decision to appeal to the date the Appellate Body circulates its report. In xing its timetable the Appellate Body shall take into account the provisions of paragraph 5 of Article 3. When the Appellate Body considers that it cannot provide its report within sixty (60) days, it shall inform the SEOM in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. In no case shall the proceedings exceed ninety (90) days.

9.

4.

2.

10. Opinions expressed in the Appellate Body report by the individuals serving on the Appellate Body shall be anonymous. 11. The Appellate Body shall address each of the issues raised in accordance with paragraph 6 hereof during the appellate proceeding. 12. The Appellate Body may uphold, modify or reverse the legal ndings and conclusions of the panel. 13. An Appellate Body report shall be adopted by the SEOM and unconditionally accepted by the parties to the dispute unless the SEOM decides by consensus not to adopt the Appellate Body report within thirty (30) days following its circulation to the Member States. In the event that no meeting of the SEOM is scheduled or planned to enable adoption or non-adoption of the report, as the case may be, within the thirty (30) day period, adoption shall be done by circulation. A non-reply within the said thirty (30) day period shall be considered as an acceptance of the Appellate Body report. This adoption procedure is without prejudice to the rights of Member States to express their views on an Appellate Body report. The adoption process shall be completed within the thirty (30) day period irrespective of whether it is settled at the SEOM or by circulation. ARTICLE 13 Communications with the Panel or Appellate Body 1. There shall be no ex parte communications with the panel or Appellate Body concerning matters under consideration by the panel or the Appellate Body. Written submissions to the panel or the Appellate Body shall be treated as condential, but it shall be 2.

5.

3.

3.

4.

6.

5.

2.

2.

156
ASEAN Documents Series 2004 ASEAN Documents Series 2004

157

ARTICLE 16 Compensation and the Suspension of Concessions 1. Compensation and the suspension of concessions or other obligations are temporary measures available in the event that the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM are not implemented within the period of sixty (60) days or the longer time period as agreed upon by the parties to the dispute as referred to in Article 15. However, neither compensation nor the suspension of concessions or other obligations is preferred to full implementation of a recommendation to bring a measure into conformity with the covered agreements. Compensation is voluntary and, if granted, shall be consistent with the covered agreements. If the Member State concerned fails to bring the measure found to be inconsistent with a covered agreement into compliance therewith or otherwise comply with the ndings and recommendations of panel and Appellate Body reports adopted by the SEOM within the period of sixty (60) days or the longer time period as agreed upon by the parties to the dispute as referred to in Article 15, such Member State shall, if so requested, and no later than the expiry of the period of sixty (60) days or the longer time period referred to in Article 15, enter into negotiations with any party having invoked the dispute settlement procedures, with a view to developing mutually acceptable compensation. If no satisfactory compensation has been agreed within twenty (20) days after the date of expiry of the period of sixty (60) days or the longer time period as agreed upon by the parties to the dispute as referred to in Article 15, any party having invoked the dispute settlement procedures may request authorization from the SEOM to suspend the application to the Member State concerned of concessions or other obligations under the covered agreements. In considering what concessions or other obligations to suspend, the complaining party shall apply the following principles and procedures: (a) the general principle is that the complaining party should rst seek to suspend concessions or other obligations with respect to the same sector(s) as that in which the panel or Appellate Body has found a violation or other nullication or impairment; (b) if that party considers that it is not practicable or effective to suspend concessions or other obligations with respect to the same sector(s), it may seek to suspend concessions or other obligations in other sector(s) under the same agreement; (c) if that party considers that it is not practicable or effective to suspend concessions or other obligations with respect to other sector(s) under

the same agreement, and that the circumstances are serious enough, it may seek to suspend concessions or other obligations under another covered agreement; (d) in applying the above principles, that party shall take into account: (i) the trade in the sector or under the agreement under which the panel or Appellate Body has found a violation or other nullication or impairment, and the importance of such trade to that party; (ii) the broader economic elements related to the nullication or impairment and the broader economic consequences of the suspension of concessions or other obligations; (e) for purposes of this paragraph, sector means: (i) with respect to goods, all goods; (ii) with respect to services, a principal sector as identied in the current schedules of commitments under the ASEAN Framework Agreement on Services (AFAS). (f) for purposes of this paragraph, agreement means: (i) with respect to goods, the agreements in relation to goods listed in Appendix I to this Protocol; (ii) with respect to services, the ASEAN Framework Agreement of Services and subsequent protocols; (iii) any other covered agreement as dened in Article 1 of this Protocol. 4 The level of the suspension of concessions or other obligations authorized by the SEOM shall be equivalent to the level of the nullication or impairment. The SEOM shall not authorise suspension of concessions or other obligations if a covered agreement prohibits such suspension. When the situation described in paragraph 2 hereof occurs, the SEOM, upon request, shall grant authorization to suspend concessions or other obligations within thirty (30) days of the expiry of the sixty (60) day-period or the expiry of the longer period agreed upon by the parties to the dispute, as the case may be, referred to in Article 15, unless the SEOM decides by consensus to reject the request. In the event that no meeting of the SEOM is scheduled or planned to enable authorisation 8. 7.

to suspend concessions or other obligations within the thirty (30) day period, the authorisation shall be done by circulation. A non-reply within the said thirty (30) day period shall be considered as an acceptance of the authorisation. The authorisation process shall be completed within the thirty (30) day period irrespective of whether it is settled at the SEOM or by circulation. However, if the Member State concerned objects to the level of suspension proposed, or claims that the principles and procedures set forth in paragraph 3 have not been followed where a complaining party has requested authorisation to suspend concessions or other obligations pursuant to paragraph 3(b) or (c), the matter shall be referred to arbitration. Such arbitration shall be carried out by the original panel, if members are available, or by an arbitration appointed by the Secretary-General of ASEAN and shall be completed within sixty (60) days after the date of expiry of the sixty (60) day period or the expiry of the longer period agreed upon by the parties to the dispute, as the case may be, referred to in Article 15. Concessions or other obligations shall not be suspended during the course of the arbitration. The arbitrator acting pursuant to paragraph 7 hereof shall not examine the nature of the concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the level of nullication or impairment. The arbitrator may also determine if the proposed suspension of concessions or other obligations is allowed under the covered agreement. However, if the matter referred to arbitration includes a claim that the principles and procedures set forth in paragraph 3 hereof have not been followed, the arbitrator shall examine that claim. In the event the arbitrator determines that those principles and procedures have not been followed, the complaining party shall apply them consistent with paragraph 3 hereof. The parties shall accept the arbitrators decision as nal and the parties concerned shall not seek a second arbitration. The SEOM shall be informed promptly of the decision of the arbitrator and shall, upon request, grant authorisation to suspend concessions or other obligations where the request is consistent with the decision of the arbitrator, unless the SEOM decides by consensus to reject the request. The suspension of concessions or other obligations shall be temporary and shall only be applied until such time as the measure found to be inconsistent with a covered agreement has been removed, or the Member State that must implement recommendations and ndings of the panel and Appellate Body reports adopted by the SEOM provides a solution to the nullication or impairment of benets, or a mutually satisfactory solution is reached. In accordance with paragraph 6 of Article 15, the SEOM shall continue to keep under surveillance the implementation of adopted recommendations and ndings of the panel and Appellate Body reports adopted by the SEOM,

including those cases where compensation has been provided or concessions or other obligations have been suspended but the recommendations to bring a measure into conformity with the covered agreements have not been implemented. 10. The dispute settlement provisions of the covered agreements may be invoked in respect of measures affecting their observance taken by regional or local governments or authorities within the territory of a Member State. When the SEOM has ruled that a provision of a covered agreement has not been observed, the responsible Member State shall take such reasonable measures as may be available to it to ensure its observance. The provisions of the covered agreements and this Protocol relating to compensation and suspension of concessions or other obligations shall apply in cases where it has not been possible to secure such observance. ARTICLE 17 ASEAN DSM Fund 1. There shall be established an ASEAN DSM Fund (hereinafter referred to as the Fund) for the purposes of this Protocol. The Fund shall be a revolving fund, separate from ASEAN Secretariats regular budget. The initial sum for the Fund shall be contributed equally by all the Member States. Any drawdown from the Fund shall be replenished by the parties to the dispute in line with the provision of paragraph 3 of Article 14. The ASEAN Secretariat shall be responsible for administering the Fund. The Fund shall be used to meet the expenses of the panels, the Appellate Body and any related administration costs of the ASEAN Secretariat. All other expenses, including legal representation, incurred by any party to a dispute shall be borne by that party. The subsistence allowances and other expenses of the panels and the Appellate Body shall be in accordance with the criteria approved by the AEM on the recommendations of the ASEAN Budget Committee. ARTICLE 18 Maximum Time-Frame The total period for the disposal of disputes under this Protocol until the stage contemplated under paragraph 7 of Article 16, shall not exceed 445 days, unless the longer time period under Article 15 applies. ARTICLE 19 Responsibilities of the Secretariat 1. The ASEAN Secretariat shall have the responsibility of assisting the panels and the Appellate Body, especially

2.

2.

3.

3.

5.

9.

6.

158
ASEAN Documents Series 2004 ASEAN Documents Series 2004

159

on the legal, historical and the procedural aspects of the matters dealt with, and of providing secretarial and technical support. 2. The ASEAN Secretariat shall assist the SEOM to monitor and maintain surveillance of the implementation of the ndings and recommendations of the panel and Appellate Body reports adopted by it. The ASEAN Secretariat shall be the focal point to receive all documentations in relation to disputes and shall deal with them as appropriate. The ASEAN Secretariat in consultation with the SEOM shall administratively update the list of covered agreements in Appendix I, as may be required from time to time. The Secretariat shall inform Member States as and when the changes have been made. ARTICLE 20 Venue for Proceedings 1. 2. The venue for proceedings of the panels and the Appellate Body shall be the ASEAN Secretariat. Notwithstanding the provisions of paragraph 1 above, panel and Appellate Body proceedings, apart from substantive meetings, may be held at any venue which the panels and the Appellate Body consider appropriate in consultation with the parties to the dispute, having

regard to the convenience and cost effectiveness of such venue. ARTICLE 21 Final Provisions 1. 2. This Protocol shall enter into force upon signing. This Protocol shall replace the 1996 Protocol on DSM and shall not apply to any dispute which has arisen before its entry into force. Such dispute shall continue to be governed by the 1996 Protocol on DSM. The provisions of this Protocol may be modied through amendments mutually agreed upon in writing by all Member States. This Protocol shall be deposited with the SecretaryGeneral of ASEAN, who shall promptly furnish a certied copy thereof, to each ASEAN Member State.

For the Government of the Republic of Indonesia

For the Government of the Republic of Singapore

Mari Elka Pangestu Minister of Trade For the Government of the Lao Peoples Democratic Republic

Lim Hng Kiang Minister for Trade and Industry For the Government of the Kingdom of Thailand

3.

4.

3.

4.

Soulivong Daravong Minister of Commerce For the Government of Malaysia

Watana Muangsook Minister of Commerce For the Government of the Socialist Republic of Vietnam

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the ASEAN Protocol on Enhanced Dispute Settlement Mechanism. DONE at Vientiane, Lao PDR on 29 November 2004, in a single copy in the English language.

Radah Aziz Minister of International Trade and Industry

Truong Dinh Tuyen Minister of Trade

For the Government of Brunei Darussalam

For the Government of the Union of Myanmar

Abdul Rahman Taib Minister of Industry and Primary Resources For the Government of the Kingdom of Cambodia

Soe Tha Minister of National Planning and Economic Development For the Government of the Republic of the Philippines

Cham Prasidh Senior Minister, Minister of Commerce

Cesar V. Purisima Secretary of Trade and Industry

160
ASEAN Documents Series 2004 ASEAN Documents Series 2004

161

APPENDIX I COVERED AGREEMENTS

30. Protocol on Notication Procedures, Makati, Philippines, 7 October 1998 31. Framework Agreement on the ASEAN Investment Area, Makati, Philippines, 7 October 1998

40. Protocol to Implement the Third Package of Commitments Under the ASEAN Framework Agreement Services, Ha Noi, Viet Nam, 31 December 2001 41. ASEAN Sectoral Mutual Recognition Arrangement for Electrical and Electronic Equipment, Bangkok, Thailand, 5 April 2002 42. Protocol to Implement the Second Package of Commitments on Financial Services Under the ASEAN Framework Agreements on Services, Yangon, Myanmar, 6 April 2002 43. Protocol to Amend the Agreement the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) for the Elimination of Import Duties, 31 January 2003 44. Protocol Governing the Implementation of the ASEAN Harmonized Tariff Nomenclature, Makati, Philippines, 7 August 2003 45. Agreement on the ASEAN Harmonized Cosmetic Regulatory Scheme, Phnom Penh, Cambodia, 2 September 2003 46. Protocol to Amend the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature, Jeju Island, Korea, 15 May 2004

1. 2. 3. 4.

Agreement on ASEAN Preferential Trading Arrangements, Manila, 24 February 1977. Agreement on the ASEAN Food Security Reserve, New York, 4 October 1979. Basic Agreement on ASEAN Industrial Projects, Kuala Lumpur, 6 March 1980. Supplementary Agreement of the Basic Agreement on ASEAN Industrial Projects ASEAN Urea Project (Indonesia), Kuala Lumpur, 6 March 1980. Basic Agreement on ASEAN Industrial Joint Ventures, Jakarta, 7 November 1983. Agreement on ASEAN Energy Cooperation, Manila, 24 June 1986. ASEAN Petroleum Security Agreement, Manila, 24 June 1986. Agreement on the Preferential Shortlisting of ASEAN Contractors, Jakarta, 20 October 1986. Supplementary Agreement to the Basic Agreement on ASEAN Industrial Joint Ventures, Singapore, 16 June 1987.

16. Second Protocol to Amend the Revised Basic Agreement on ASEAN Industrial Joint Ventures, Manila, 23 October 1992. 17. Third Protocol to Amend the Revised Basic Agreement on ASEAN Industrial Joint Ventures, 2 March 1995. 18. Protocol to Amend the Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA), Bangkok, 15 December 1995. 19. Protocol to Amend the Agreement on ASEAN Preferential Trading Arrangements, Bangkok, 15 December 1995. 20. ASEAN Framework Agreement on Services, Bangkok, 15 December 1995. 21. ASEAN Framework Agreement on Intellectual Property Cooperation, Bangkok, 15 December 1995. 22. Protocol Amending the Agreement on ASEAN Energy Cooperation, Bangkok, 15 December 1995. 23. Basic Agreement on ASEAN Industrial Cooperation, Singapore, 26 April 1996. 24. Protocol to Amend the Agreement Among the Government of Brunei Darussalam, the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore, and the Kingdom of Thailand for the Promotion and Protection of Investments, Jakarta, 12 September 1996. 25. ASEAN Agreement on Customs, Phuket, Thailand, 1 March 1997 26. Protocol Amending the Agreement on the ASEAN Energy Cooperation, Kuala Lumpur, Malaysia, 23 July 1997 27. 2nd Protocol to Amend the Agreement on the ASEAN Food Security Reserve, Subang Jaya, Malaysia, 23 July 1997 28. Protocol to Implement the Initial Package of Commitments Under the ASEAN Framework Agreement on Services, Kuala Lumpur, Malaysia, 15 December 1997 29. Agreement on the Establishment of the ASEAN Center for Energy, Manila, Philippines, 22 May 1998

32. ASEAN Framework Agreement on Mutual Recognition Arrangement (MRAs), Ha Noi, Viet Nam, 16 December 1998 33. Protocol to Implement the Second Package of Commitments Under the ASEAN Framework Agreement on Services, Ha Noi, Viet Nam, 16 December 1998 34. ASEAN Framework Agreement on the Facilitation of Goods in Transit, Ha Noi, Viet Nam, 16 December 1998 35. Protocol on the Special Arrangement for Sensitive and Highly Sensitive Products, Singapore, 30 September 1999 36. Protocol regarding the Implementation of the CEPT Scheme Temporary Exclusion List, Singapore, 23 November 2000 37. E - ASEAN Framework 24 November 2000 Agreement, Singapore,

5. 6. 7. 8. 9.

38. Protocol 5: ASEAN Scheme of Compulsory Motor Vehicle Insurance, Kuala Lumpur, Malaysia, 8 April 2001 39. Protocol to Amend the Framework Agreement on the ASEAN Investment Area, Ha Noi, Viet Nam 14 September 2001

10. Protocol on Improvements on Extensions of Tariff Preferences under the ASEAN Preferential Trading Arrangement, Manila, 15 December 1987. 11. Revised Basic Agreement on ASEAN Industrial Joint Ventures, Manila, 15 December 1987. 12. Agreement Among the Government of Brunei Darussalam, the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore, and the Kingdom of Thailand for the Promotion and Protection of Investments, Manila, 15 December 1987. 13. Protocol to Amend the Revised Basic Agreement on ASEAN Industrial Joint Ventures, 1 January 1991. 14. Framework Agreement on Enhancing ASEAN Economic Cooperation, Singapore, 28 January 1992. 15. Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area, Singapore, 28 January 1992.

162
ASEAN Documents Series 2004 ASEAN Documents Series 2004

163

APPENDIX II WORKING PROCEDURES OF THE PANEL

6. All third parties which have notied their interest in the dispute to the SEOM shall be invited in writing to present their views during a session of the rst substantive meeting of the panel set aside for that purpose. All such third parties may be present during the entirety of this session. 7. Formal rebuttals shall be made at a second substantive meeting of the panel. The party complained against shall have the right to take the oor rst to be followed by the complaining party. The parties shall submit, prior to that meeting, written rebuttals to the panel. 8. The panel may at any time put questions to the parties and ask them for explanations either in the course of a meeting with the parties or in writing. 9. The parties to the dispute and any third party invited to present its views in accordance with Article 11 shall

make available to the panel a written version of their oral statements. 10. The parties to the dispute shall make available to the panel a written version of their oral statements. 11. In the interest of full transparency, the presentations, rebuttals and statements referred to in paragraphs 5 to 8 shall be made in the presence of the parties. Moreover, each partys written submissions, including any comments on the descriptive part of the report and responses to questions put by the panel, shall be made available to the other party or parties. 12. Any additional procedures specic to the panel.

I. Composition of Panels 1. Panels shall be composed of well-qualied governmental and/or non-governmental individuals, including persons who have served on or presented a case to a panel, served in the Secretariat, taught or published on international trade law or policy, or served as a senior trade policy ofcial of a Member State. In the nomination to the panels, preference shall be given to individuals who are nationals of ASEAN Member States. 2. Panel members should be selected with a view to ensuring the independence of the members, a sufciently diverse background and a wide spectrum of experience. 3. Nationals of Member States whose governments are parties to the dispute shall not serve on a panel concerned with that dispute, unless the parties to the dispute agree otherwise. 4. To assist in the selection of panelists, the Secretariat shall maintain an indicative list of governmental and nongovernmental individuals possessing the qualications outlined in paragraph 1, from which panelists may be drawn as appropriate. Members may periodically suggest names of governmental and non-governmental individuals for inclusion on the indicative list, providing relevant information on their knowledge of international trade and of the sectors or subject matter of the covered agreements, and those names shall be added to the list upon approval by the SEOM. For each of the individuals on the list, the list shall indicate specic areas of experience or expertise of the individuals in the sectors or subject matter of the covered agreements. 5. Panels shall be composed of three panelists unless the parties to the dispute agree, within ten (10) days from the establishment of the panel, to a panel composed of ve panelists. Members shall be informed promptly of the composition of the panel. 6. The Secretariat shall propose nominations for the panel to the parties to the dispute. The parties to the dispute shall not oppose nominations except for compelling reasons. 7. If there is no agreement on the panelists, within twenty (20) days of the decision of the SEOM to establish a panel, at the request of either party, the Secretary-General of ASEAN, in consultation with the SEOM shall, within ten (10) days determine the composition of the panel by appointing the panelists whom the Secretary-General of

ASEAN considers most appropriate, and if so relevant, in accordance with any relevant special or additional rules or procedures of the covered agreed or covered agreements which are at issue in the dispute, after consulting the parties in the dispute. The ASEAN Secretariat shall inform the Member States of the composition of the panel thus formed. 8. Member States shall undertake, as a general rule, to permit their ofcials to serve as panelists. 9. Panelists shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Member States shall therefore not give them instructions nor seek to inuence them as individuals with regard to matters before a panel. II. Panel Proceedings 1. In its proceedings the panel shall follow the relevant provisions of this Protocol. In addition, the following working procedures shall apply. 2. The panel shall meet in closed session. The parties to the dispute, and interested parties, shall be present at the meetings only when invited by the panel to appear before it. 3. The deliberations of the panel and the documents submitted to it shall be kept condential. Nothing in this Protocol shall preclude a party to a dispute from disclosing statements of its own positions to the public. Member States shall treat as condential information submitted by another Member State to the panel which that Member State has designated as condential. Where a party to a dispute submits a condential version of its written submissions to the panel, it shall also, upon request of a Member State, provide a non-condential summary of the information contained in its submissions that could be disclosed to the public. 4. Before the rst substantive meeting of the panel with the parties, the parties to the dispute shall transmit to the panel written submissions in which they present the facts of the case and their arguments. 5. At its rst substantive meeting with the parties, the panel shall ask the party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the party against which the complaint has been brought shall be asked to present its point of view.

164
ASEAN Documents Series 2004 ASEAN Documents Series 2004

165

ENERGY

Joint Press Statement th of the 20 Meeting of the Heads of ASEAN Power Utilities / Authorities (HAPUA XX)
Siem Reap, Cambodia, 3-5 May 2004
The Twentieth Meeting of the Heads of ASEAN Power Utilities/Authorities (HAPUA XX) was convened in Siem Reap, Cambodia on 3-5 May 2004. The Meeting was ofcially opened by H.E. Suy Sem, the Minister of the Ministry of Industry Mines and Energy of Cambodia. Mr. Yim Nolson, Deputy Managing Director of Electricite du Cambodge chaired the HAPUA XX, with Mr. Viraphonh Viravong, General Manager of Electricit du Lao, as Vice Chairman. HAPUA XX reviewed the implementation status of the HAPUA Cooperation Projects and expressed satisfaction over the progress made since the HAPUA XIX Meeting in Surabaya, Indonesia last year. The HAPUA Cooperation Projects comprise of Renewable Energy Development and Environment; Power Interconnection; Research, Development and Engineering; Human Resources Management and Development; Geothermal Energy Development; Rural and Urban Electrication; Electric Power Information Centre; Use of Combined Cycle Power Plants; and Deregulation and Reform of Power Utilities. HAPUA XX adopted the Memorandum of Understanding (MOU) of the new Structure of HAPUA. A Permanent HAPUA Secretariat has been set up with a three years terms rotation. The cooperation projects have been transformed to be eight Working Groups. HAPUA XX reviewed and adopted the Terms of Reference (TORs) of eight Working Groups (WG) of the HAPUA new structure. The HAPUA WG comprises of Working Groups on Generation, Transmission, Distribution, Renewable Energy and Environment, Electric Supply Industry (ESI) Services, Resource Development, Power Reliability and Quality, and Human Resource, respectively. It is expected that in the future HAPUA will take important role in the development of ASEAN Power Grid. There is a strong condence among HAPUA members that the development of ASEAN Power Grid will contribute to the strengthening of the region and bring more prosperity to the people living in the region. HAPUA XX was attended by delegates from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. Representatives from the ASEAN Secretariat and ASEAN Centre for Energy (ACE) attended. Lao PDR will host HAPUA XXI in 2005. HAPUA XX was held in the traditional spirit of ASEAN cordiality and solidarity

of the 22

nd

Media Statement ASEAN Ministers on Energy Meeting

Makati City, Metro Manila, Philippines, 9 June 2004


Enhanced Energy Security for Sustainable Energy Development 1. The 22nd ASEAN Ministers on Energy Meeting (AMEM) was convened on 9 June 2004, preceded by the Senior Ofcials Meeting on Energy (SOME) on 7 June 2004 and the 5th SOME METI (Japan) Consultations and the 3rd SOME + 3 Consultations on 8 June 2004. H. E. Mr. Vincent S. Perez, Secretary of Energy of the Philippines, chaired the 22nd AMEM, with H. E. Dr. Ith Praing, Secretary of State, Ministry of Industry, Mines and Energy of Cambodia, as Vice-Chairman. 7. the Energy Integration Roadmaps approved in Bali, Indonesia at the 20th AMEM, calls for sustainable energy development, enhancing the integration of the regional energy infrastructures, promoting energy security, creating progressive policies for market reforms and liberalization, as well as addressing the environmental concerns. This APAEC 2004-2009 will explore new initiatives such as promoting bioenergy, use of marine compressed natural gas as an alternative mode for transporting gas, etc. The Ministers agreed to promote greater utilization of biodiesel and ethanol in the ASEAN region. The Ministers, in recognizing the greater use of renewable energy to address rapidly rising oil prices, agreed to increase the share of renewable energy in power generation in the ASEAN region to at least ten percent over the next six years. As ASEAN is increasingly becoming more dependent on petroleum resources outside the region, the Ministers agreed to work towards formalizing a mechanism for regional consultation and coordination during periods of petroleum shortages and emergencies in the ASEAN region. The Ministers agreed to pursue dialogue with Middle East oil producing countries to promote stability in the oil market and to promote stable and secure energy market in ASEAN. The Ministers welcomed the new organizational structure for ASEAN cooperation in the power sector. The Ministers also welcomed the initiative to carry forward cross-border power interconnection and trade, to reduce national investment in power reserves to meet peak demand, to provide a more reliable supply of electricity and to improve consumers access to electricity. Five power interconnection projects are to be implemented over the next six years.

2.

Accelerating Energy Cooperation in the ASEAN Economic Community 3. The Ministers recognized that growing energy demand calls for new investments in energy production and infrastructural development in order to secure adequate and stable supply of energy. The ministers also recognized that acces to adequate and affordable energy is essential to develop and promote economic development, improve human welfare, and increase living standards. The Ministers afrmed the need for closer cooperation and mutual assistance through individual or multilateral efforts for greater emergency preparedness, greater energy efciency, diversication of types and sources of energy, and development of new energy resources to ensure energy security in view of the rapid increase in energy demand. The Ministers reafrmed that interconnected networks of electricity grids and gas pipelines in the ASEAN region offer signicant benets both in terms of energy security, exibility and quality of energy supply and greater competition. The Ministers called on the private sector to actively participate in carrying out these projects on a commercial basis. The Ministers agreed to work together towards creating a stable, predictable and competitive business environment in the ASEAN energy sector. The Ministers adopted the ASEAN Plan of Action for Energy Cooperation (APAEC) 2004-2009 to ensure policy and technical continuity and sustainable cooperation in the ASEAN energy sector towards closer regional economic integration. This new Plan, which supports

8.

4.

9.

5.

Expanding Cooperative Partnership 10. The Ministers acknowledged that efforts to engage ASEAN dialogue partners provide windows of opportunities to expand markets, services and investments and to undertake joint cooperation in areas of mutual interest. The Ministers agreed to take advantage of the recently agreed economic cooperation and partnerships established by the Leaders at their recent summits and thus to engage their counterparts from China, Japan and Korea and with India.

6.

166
ASEAN Documents Series 2004 ASEAN Documents Series 2004

167

11. The Ministers noted the substantive progress of ASEAN cooperation with the Plus Three Countries (China, Japan and the Republic of Korea). The Ministers endorsed the proposed work priorities in ASEAN+3 Cooperation in energy security, natural gas development, oil market studies, oil stock pilling and renewable energy. The Ministers called on greater participation and involvement of related private sector and business organizations in the ASEAN+3 energy programs and activities. 12. The Ministers were pleased with the continued institutional and human capacity building activities under the ASEAN and Ministry of Economy, Trade and Industry (METI) of Japans energy cooperation program through the Promotion of Energy Efciency and Conservation (PROMEEC) and Energy Supply Security Planning in ASEAN (ESSPA) Projects. These projects have contributed signicantly in enhancing ASEAN energy security database management systems as well as in fostering best practices, systems and procedures for efcient energy management for buildings and industries in the ASEAN countries. 13. The Ministers noted the progress of the EC-ASEAN Energy Facility (EAEF) which is currently supporting a total of 31 projects with total co-nancing of Euro 6.5 million. The facility covers electricity, natural gas, clean coal technology, energy efciency and conservation and renewable energy. For 2005, an additional 27 projects involving a total co-nancing of Euro 6.5 million will be implemented. Progress on the ASEAN Plan of Action for Energy Cooperation 1999-2004 14. The Ministers acknowledged the signicant progress made in the implementation of the ASEAN plan of Action for Energy Cooperation (APAEC) 1999 2004. The European Union, Japan, Germany, Australia, and Switzerland and international organizations such as United Nations Economic and Social Commission for

Asia and the Pacic (UN ESCAP), International Energy Agency (IEA), Asia Pacic Energy Research Centre (APERC) and the Copper Development Centre (CDC) continued to provide technical assistance and support to ASEAN energy programs and activities in 20032004. 15. The Ministers commended the ASEAN Centre for Energy (ACE) for its continued leadership in the initiation, coordination and facilitation of regional energy programs and activities. ACE continued to play a key role in ASEAN energy cooperation within and among ASEAN Member Countries and with its partners. The Ministers congratulated Dr. Guillermo R. Balce from the Philippines for the successful completion of his veyear term as ACE Executive Director, and welcomed his successor, Dr. Weerawat Chantanakome of Thailand. 16. The Ministers congratulated the Winners and RunnersUp of the 2004 ASEAN Energy Awards for Best Practices Competitions for Energy Efcient Buildings and for Renewable Energy Projects. This annual event is to promote excellence in the energy eld by giving recognition to the efforts of both the private and public sectors in adopting good practices in energy efciency and conservation and renewable energy. 17. The Ministers also congratulated the Philippines for winning the 2003 Energy Globe Awards for Sustainability in Vienna, Austria through its Solar Homes Distribution Project. The Award is given to best practice projects from all over the world, which contribute to protect the four basic elements of life and to protect our planet. The Ministers encouraged all ASEAN Member Countries to participate in this annual event. 23rd AMEM Meeting and Associated Meetings 18. The ASEAN Ministers on Energy will meet for the 23rd AMEM in Cambodia in early July 2005. The Sixth ASEAN Energy Business Forum (AEBF) will also be held in conjunction with the 23rd AMEM.

The following Ministers attended the 22nd AMEM in Makati City, Metro Manila: H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Dr. Ith Praing, Secretary of State, Ministry of Industry, Mines and Energy, Cambodia; H.E. Mr. A.E. Alexander Laturiuw, Charge D Affaires, Embassy of Republic of Indonesia; H.E. Mr. Onneua Phommachanh, Minister of Industry and Handicrafts, Lao PDR; H.E. Dato Seri Dr. Lim Keng Yaik, Minister of Energy, Water and Communications, Malaysia; H.E. Brig. Gen. Than Htay, Deputy Minister of Energy, Myanmar; H.E. Mr. Vincent S. Perez, Secretary of Energy, Philippines; H.E. Dr. Vivian Balakrishnan, Minister of State for National Development and Trade & Industry, Singapore; H.E. Dr. Prommin Lertsuridej, Minister of Energy, Thailand; H.E. Mr. Bui Xuan Khu, Standing Vice Minister of Industry, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN

168
ASEAN Documents Series 2004 ASEAN Documents Series 2004

169

Joint Ministerial Statement of the ASEAN, China, Japan and Korea Energy Ministers Meeting (AMEM+3)
Makati City, Metro Manila, Philippines, 9 June 2004
Forging Closer ASEAN+3 Energy Partnership 1. We, the energy ministers of the Association of the Southeast Asian Nations (ASEAN), the Peoples Republic of China, Japan and the Republic of Korea met in Makati City, Metro Manila, Philippines on 9 June 2004. Concerned with the impact on recent high energy prices on our economies, we have reached collective action to strengthen ASEAN+3 Energy Partnership, as follows: Oil Stockpiling 6. We recognize the importance of oil stockpile for supply security. We note the existing oil stockpile programs of Japan and the Republic of Korea. We welcome the initiative of China to establish a national oil stockpile program. We look forward to initiatives in ASEAN to develop oil stock piles on a voluntary basis. We also welcome Japans intention to provide nancial assistance for feasibility studies for oil stockpiling. We look forward to the technical assistance from Japan and Korea for planning, establishing and/or managing oil stockpiling programs in the region. We afrm the need to strengthen regional oil security measures, with a view to concerted emergency response measures, taking into account individual countrys responsibilities and circumstances.

Renewable Energy 10. We will encourage the development and wider use of renewable energy for energy security, the sustainability of environment and to enable more people to enjoy the benefits of energy for a convenient and quality life. We will forge closer cooperation in promoting and commercializing renewable energy in our energy markets depending on each countrys circumstances. Energy Security 11. We recognize the need to enhance the regional capacity for timely emergency response by sharing information under the Joint Oil Data Initiative (JODI) through the energy security communication system on a voluntary basis.

12. We recognize that coal is an abundant, effective and economical energy resource in our region. We will strengthen our efforts to disseminate clean coal technology in view of its importance in promoting environmentally friendly use of coal. 13. We acknowledge the vital importance of energy efciency and conservation for our region where rapid increases in energy demand are expected in the future, and we share the view that greater effort for energy efciency and conservation will be necessary The Way Forward 14. We would meet on regular basis to discuss cooperation for our common energy goals and direct the ASEAN+3 senior energy ofcials to work on further relevant studies, activities and programs.

Common Energy Goal 2. Recognizing Asias growing demand for energy and depletion of fossil fuels, we resolve to achieve, through ASEAN+3 Energy Partnership, our common goal of greater energy security and sustainability in our region which will become the largest energy consuming region in the world.

The following Ministers attended the Manila ASEAN+3 Energy Ministers Meeting: H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Dr. Ith Praing, Secretary of State, Ministry of Industry, Mines and Energy, Cambodia; H.E. Mr. Zhang Guobao, Minister/Vice-Chairman, National Development and Reform Commission, China; H.E. Mr. A.E. Alexander Laturiuw, Charge D Affaires, Embassy of Republic of Indonesia; H.E Mr. Shoichi Nakagawa, Minister of Economy, Trade and Industry, Japan; H.E. Mr. Lee Hee-Beon, Minister of Commerce, Industry and Energy, Republic of Korea; H.E. Mr. Onneua Phommachanh, Minister of Industry and Handicrafts, Lao PDR; H.E. Dato Seri Dr. Lim Keng Yaik, Minister of Energy, Water and Communications, Malaysia; H.E. Brig. Gen. Than Htay, Deputy Minister of Energy, Myanmar; H.E. Mr. Vincent S. Perez, Secretary of Energy, Philippines; H.E. Dr. Vivian Balakrishnan, Minister of State for National Development and Trade & Industry, Singapore; H.E. Dr. Prommin Lertsuridej, Minister of Energy, Thailand; H.E. Mr. Bui Xuan Khu, Standing Vice Minister of Industry, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN

Oil Market 7. We will take concerted efforts to address the issues in the regional oil market including the Asian Premium . We will encourage market oriented pricing for spot and futures trading for crude oil and petroleum products. We will encourage responsive and competitive petroleum products trading in the Asian market. To increase available oil supply options, we will encourage diversifying oil import sources as well as intensify exploration and development of petroleum resources in our region. Recognizing our shared interest in promoting stable and secure energy markets, we will pursue dialogues and partnerships outside the region, particularly with Middle East oil producing countries at various levels amongst various parties.

General Principles 3. We resolve that our regional energy cooperation should be enhanced taking into account the level of economic development, endowment of energy resources and energy market structures in the region, on an equal and mutual basis. We acknowledge the need to redouble our efforts to diversify sources of primary energy supply in recognition of the expected increase of the regions dependency on imported oil in the future. We commit to enhance energy exploration and wider utilization of indigenous energy resources. We can choose primary energy options such as natural gas, coal and renewable energy, with due consideration to technical, economic and environmental requirement. We recognize the importance of the market mechanism in creating a more resilient energy supply system that will reinforce energy security and improve economic efficiency. In developing the market mechanism, consistent and transparent policy and regulatory framework for environmental, competition and energy security purposes would be necessary, taking into account the respective situation in each country.

4.

8.

Natural Gas 9. We recognize that natural gas is a cleaner energy and an important resource to meet our energy security objectives. We will address mutually benecial issues and concerns in promoting investment in the exploration and production of natural gas, developing gas transport infrastructure and other supply facilities, promoting responsive trading arrangement and enhancing technology development and exchange from the upstream to the downstream.

5.

170
ASEAN Documents Series 2004 ASEAN Documents Series 2004

171

ASEAN Plan of Action For Energy Cooperation (APAEC) 2004 2009


Adopted by The 22nd ASEAN Ministers on Energy Meeting (22nd AMEM)
Makati City, Metro Manila, Philippines, 9 June 2004
I. Introduction Energy has played a vital part in moving ASEAN countries towards economic integration. With the vast reserves of 22 billion barrels of oil, 227 trillion cubic feet of natural gas, 46 billion tons of coal, 234 gigawatts of hydropower, and 20 gigawatts of geothermal capacity, the ASEAN countries have actively pursued cooperation for the full utilization of their energy potentials. The ASEAN Vision 2020 adopted in 1997 calls for cooperation to establish interconnecting arrangements for electricity and natural gas within ASEAN through the ASEAN Power Grid and the Trans-ASEAN Gas Pipeline Projects. Under the Hanoi Plan of Action for the energy sector, ASEAN countries are to institute the policy framework and implementation modalities by 2004 for early realization of the interconnection infrastructures. The ASEAN Plan of Action for Energy Cooperation 19992004 reiterates the implementation of an integrated ASEAN energy network, consisting of the ASEAN Power Grid and Trans-ASEAN Gas Pipeline projects. The Evolving Plan of Action The rapidly changing global socio-economic landscape poses important opportunities and challenges among nations resulting to the formation of regional alliances for countries to gain greater resilience in addressing new developments. In Asia, the Association of South East Asian Nations (ASEAN) is one among such coalitions. Created to accelerate economic growth and promote peace and stability, the ASEAN has become an indispensable block to be reckoned with. Today, the ASEAN region is a vast market of more than 520 million people with a total area of 4.5 million square kilometers. Its combined gross domestic product is about US$ 610 billion, and a total trade of more than US$ 700 billion. The very modest economic gains the ASEAN countries have made over the years can be partly attributed to their collective actions based on consensus in implementing regional cooperation programmes. Guided by the Treaty of Amity and Cooperation (TAC) of 1976 as its fundamental principle, the ASEAN continues to be a well-functioning body after 30 years of existence. Presently, its cooperation accords in the economic sector, cover among others the following areas: trade, nance, investment, industry, services, nance, agriculture, forestry, energy, transportation, information communications technology, intellectual property, small and medium enterprises, and tourism. ASEAN has several specialized bodies and arrangements promoting inter-governmental cooperation in these various elds. For the Energy Sector, the Senior Ofcials on Energy Meeting (SOME) has the overall responsibility in the supervision, coordination and implementation of ASEAN cooperation programs, projects and activities. The ASEAN Ministers on Energy Meeting (AMEM) provides the issues and concerns of common interest and set policy and program directions in ASEAN energy cooperation. More specically, specialized bodies such as the ASEAN Centre for Energy (ACE), the ASEAN Council on Petroleum (ASCOPE), the Forum of Heads of ASEAN Power Utilities/ Authorities (HAPUA), the ASEAN Forum on Coal (AFOC), the Energy Efciency and Conservation Sub-Sector Network (EE&C-SSN), the Renewable Energy Sub-Sector Network (RE-SSN), the Sub-Committee on Non-Conventional Energy Research (SCNER) under the ASEAN Committee on Science and Technology, and the newly established Regional Energy Policy and Planning Sub-Sector Network (REPP-SSN) are involved in the formulation and implementation of ASEAN energy cooperation activities. The ASEAN Secretariat provides facilitation, coordination and advisory support to these specialized bodies in their implementation activities. In 1997, the ASEAN leaders adopted the ASEAN Vision 2020, calling for ASEAN Partnership in Dynamic Development aimed at forging closer economic integration within the region. ASEAN 2020 resolved to create a stable, prosperous and highly competitive ASEAN economic region, to facilitate a free ow of goods, services, investments, capital, and equitable economic development and reduced poverty and socio-economic disparities. Specic to energy and utilities, ASEAN Vision 2020 seeks to: 1) establish interconnecting arrangements for electricity, natural gas and water within the region through the ASEAN Power Grid (APG), Trans-ASEAN Gas Pipeline (TAGP) and Water Pipeline; and, 2) promote cooperation in energy efciency and conservation, as well as the development of

new and renewable energy resources. It also envisions a clean and green ASEAN with fully established mechanisms for sustainable development to ensure protection of the environment, the sustainability of its natural resources, and the high quality of life of its peoples. In the quest of making ASEAN Vision 2020 a reality, the Hanoi Plan of Action was adopted in 1998. To implement the Plan, a strategic plan of action, the ASEAN Plan of Action for Energy Cooperation (APAEC) 1999-2004 was formulated. APAEC 1999-2004 is an integrated implementation programme of the various energy subsectors that covers six (6) cooperation programmes including those under the previous Medium Term Programme of 1995-1999. A great importance is focused in two key project areas, the Trans-ASEAN Power Grid and Trans-ASEAN Gas Pipeline. The programme areas were conceived to address the prevalent issues then on energy security, integration of regional infrastructure, energy sector restructuring and market liberalization, environmental concerns, etc. The New APAEC in the Context of Sustainable Development The new plan of action for energy cooperation ensures continuity in key on-going energy cooperation projects and prepares the ASEAN region to emerging global developments. The Plan responds to the challenge thrown to the all countries to address the issue on sustainable development echoed during the World Summit on Sustainable Development at Johannesburg, South Africa in 2002. This second phase of the APAEC considers the existing energy situation in the region and anticipates probable scenarios over the medium term given economic, social and environmental considerations of a fragile geo-political situation of the whole world. Specic action plans to be pursued are in line with the ministerial policy statements made during the 22nd ASEAN Ministers on Energy Meeting (AMEM) in June 2003 held in Langkawi, Malaysia which are largely directed to the following: Strengthen coordination/participation in all programme areas to narrow development gap among ASEAN Member Countries; Encourage a conducive environment for greater private sector involvement and participation, including securing foreign direct investment; Enhance human resources and capacity building skills; Develop and expand the energy mix and supply source through utilization of full energy potential of the region to include frontier exploration and development and extensive research on oil, natural gas, coal, hydropower, geothermal, EE & C and NRSE;

Develop transparent legal, regulatory and technical frameworks in various energy projects, in particular on the cross border interconnection projects.

II. Status of ASEAN Energy Cooperation The year 2002 was high point in ASEAN energy cooperation. At the 20th AMEM in Bali in July 2002, the ministers signed the Memorandum of Understanding (MOU) on the TransASEAN Gas Pipeline Project. The MOU serves as the framework for cooperative efforts among the ASEAN public and private sectors for the expeditious realization of the TAGP project. Under the MOU, an ASEAN Gas Consultative Council (AGCC) has been established to facilitate and assist the ASCOPE in the implementation of the MOU. The AGCC comprises of representatives from the ASEAN Member Countries, ASCOPE members and the ACE. The ASCOPE Gas Centre (AGC) has also been established in Malaysia, to serve as the strategic technical and information resource and capacity building center in the facilitation and implementation of the TAGP and gas development programs in ASEAN. In the 20th AMEM, the Ministers stressed the importance of energy security, sustainable development, diversication of energy supplies as among the important strategic directions in national and regional economic policies. At the 7th ASEAN Summit in Brunei Darussalam in November 2001, the ASEAN leaders discussed agship projects including the power grids and gas pipelines and requested their ministers to come up with more concrete plans and to report back at the 8th ASEAN Summit. Following the directives to accelerating regional integration and the need to develop a Roadmap for Integration of ASEAN , the 20th AMEM approved the roadmaps for the concerted implementation of the ASEAN Power Grid and Trans-ASEAN Gas Pipeline projects. The roadmaps clearly set out the specic steps and policies in realizing the interconnection arrangements of natural gas and electricity networks in the region. At the 9th ASEAN Summit in Bali in October 2003, the leaders, in line with planned ASEAN Economic Community, emphasized on cooperation and integration activities in other areas which include enhanced infrastructure and communications connectivity. Major Programme Accomplishments The following are the notable accomplishments in the various programmes under the APAEC 1999-2004: Adoption of the overall policy framework for the implementation of the ASEAN Power Grid and TransASEAN Gas Pipeline Projects, under the ASEAN Energy Roadmaps endorsed at the 20th AMEM in Bali.

172
ASEAN Documents Series 2004 ASEAN Documents Series 2004

173

Completion of the Trans-ASEAN Gas Pipeline Masterplan by ASCOPE in October 2000 and was presented at the 19th AMEM-SOME in Bandar Seri Bagawan, Brunei Darussalam in 2001. The ASCOPE Masterplan indicates that there are a total of 175 Tscf of proven and 94 Tscf probable natural gas reserves in the then seven (7) ASCOPE Member Countries. Indonesia has the highest gas reserves with 90 Tscf proven and 42 Tscf probable reserves. The Masterplan identied seven (7) gas pipeline interconnections for implementation. Completion of the ASEAN Interconnection Master Plan Study (AIMS) in March 2003 under the auspices of HAPUA. The nal report of AIMS was adopted during the 19th HAPUA Meeting in Surabaya in 02-03 June 2003 and the 21st SOME/AMEM, as reference for the APG implementation. The results indicated implementation of 11 bilateral interconnection projects until the year 2019. Creation of the Trans- Borneo Power Grid Interconnection Coordination Committee, to coordinate and oversee the implementation of the Borneo Islands power grid interconnection study. Initiatives to develop the ASCOPE Model Gas Sales and Purchase (GSPA) and Gas Transportation Agreement (GTA). The ASCOPE National Committee likewise approved the creation of the ASCOPE Gas Centre and the creation of the ASCOPE Joint Venture Company (JVC). The JVC will be created if there are two or more ASEAN countries interested to set up a common carrier pipeline interconnecting such countries. Updating/review of the 1986 ASEAN Petroleum Security Agreement (APSA). A draft of the 2003 APSA was submitted at the 21st SOME-AMEM in Langkawi in 2003. Annual conduct of the ASEAN Best Practices Competition for Energy Efcient Buildings and the NRSE Project Competition. The awards were given to the winners during the annual AMEM. Energy labeling program for energy efcient products under the ASEAN Standards and Labeling Program for magnetic ballasts, refrigerators, air-conditioners, and motors. Conduct of EE&C technology transfer workshops and energy audits for selected buildings and industries. Development of clean coal cooperation project proposals, namely: (a) Promotion of Small-Scale Clean Coal Technology for Rural Electrication; (b) Greening of Coal-Fired Power Plants in the ASEAN; and (c) Coal Bed Methane Development. Promotion of Renewable Energy through the following

projects: Joint ASEAN Minihydro Program (JAMP), COGEN 3, Information Networking for Promotion of Renewable Energy Sources in Southeast Asia (PRESSEA), the ASEM Green Independent Power Producers Network (GR-IPP-Net) and ASEAN SmallScale Renewable Energy Program (ASREP). Continued development of the ASEAN Energy Database System (AEDS) and capacity building programs on energy supply security planning and analysis. Conduct of national and regional energy policy studies. Forging cooperative partnerships with ASEAN Dialogue Partners, notably with Australia, European Union and Japan, and other countries, and with relevant international/regional organizations such as UN ESCAP , Asia-Pacic Energy Research Center (APERC), International Energy Agency (IEA), and the Energy Charter Secretariat.

for May to September 2004. Total co-nancing of Euro 5 million is expected, for a maximum of 25 projects. Another EC nanced programme is the EC-ASEAN COGEN Programme Phase 3 (COGEN 3). COGEN 3 seeks to promote and create business opportunities for the fuse of co-generation to generate power and heat using biomass, coal or gas as fuel. It will involve partnerships between ASEAN industries and power producers and European equipment suppliers. A number of European countries such as Germany and Switzerland are also actively supporting the Joint ASEAN Minihydro Programme in implementing minihydro projects. ASEAN - Japan Cooperation The SOME-METI (Ministry of Economy, Trade and Industry) Consultations was formalized to enhance dialogue partnership between ASEAN and Japan. The Consultation is being pursued to strengthen multilateral and bilateral cooperation in the areas of energy, security, electricity infrastructure, natural gas, energy efciency and conservation, and renewable energy. Now on its third year, the Consultations have brought fruitful outcome through the implementation of Work Programmes. Under METI-Japan support, ASEAN and Japan are actively pursuing the following programs: Energy Supply Security Planning in the ASEAN (ESSPA) and Promotion of Energy Efciency and Conservation (PROMEEC) in Buildings and for Industries As earlier proposed by the Japanese Prime Minister in the 5th ASEAN + 3 Summit in Brunei Darrusalam in Novermber 2001, the Ministry of Foreign Affairs of Japan hosted the Seminar on Energy Security in Asia in Tokyo in March 2002. The ASEAN + 3/International Energy Agency (IEA) Joint Workshop was also held in Tokyo in December 2002, which developed the proposed Initiative for ASEAN + 3 Closer Energy Partnership, as a follow-up activity. At the 8th ASEAN Summit, the ASEAN and Japanese leaders issued a Joint Declaration on the Comprehensive Economic Partnership, where they agreed to seek cooperation in other areas, to include energy. At the 9th ASEAN Summit, they signed a Framework for Comprehensive Economic Partnership. This agreement calls forASEAN and Japan consultations from the beginning of 2004 on the areas of facilitation and cooperation, and to develop work programmes for the expeditious implementation of measures or activities, among others, and in the energy sector, for oil stockpiling, natural gas utilization and promotion of energy efciency. ASEAN-Japan cooperation in energy security has been reiterated during the ASEAN-Japan Commemorative Summit in December 2003. The leaders signed the Tokyo Declaration for the Dynamic

and Enduring ASEAN-Japan Partnership for the New Millennium and adopted the accompanying ASEANJapan Plan of Action. Both sides agreed to a) Develop energy policy dialogue and support ongoing capacity building programmes under ASEAN-Japan cooperation such as the above ESSPA and PROMEEC initiatives to enhance energy security in East Asia; and b) Cooperate in developing infrastructure, including energy facilities such as power stations, oil and gas pipeline network by using concessional loans, other schemes or private nance. ASEAN + 3 Cooperation In the SOME of the 20th AMEM, ASEAN energy ofcials formally established closer energy cooperation with their counterparts from China, Japan and Korea at the First SOME + 3 Consultations. The First Consultations in Bali in June 2002 served as a venue for highlevel policy discussions and exchanges of relevant information in the eld of energy in the East Asia. In September 2002, during the 8th International Energy Forum held in Osaka, Japan, the ASEAN + 3 Energy Ministers reached common understanding on the vepoint initiative for Energy Cooperation among Japan, China, Korea and ASEAN , comprised of the following: (a) creation of emergency network; (b) development of oil stockpiling; (c) joint studies on the ASEAN oil market; (d) improvement of natural gas development; and (e) improvement of energy efciency and renewable energy. At the 8th ASEAN Summit, the ASEAN + 3 leaders attached great importance to the ASEAN energy sector. In the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China, the leaders agreed to extend economic cooperation to include energy. In the Joint Declaration on the Comprehensive Economic Partnership, ASEAN and Japan agreed to seek cooperation in other areas, to include energy. The Final Report of the East Asia Study Group (EASG) was also endorsed which among others underscored energy security for the sustainable development of the East Asian economy through cooperation among East Asian countries. The 21st SOME/AMEM agreed to strengthen partnership with China, Japan and Republic of Korea to address mutual issues and concerns in energy security, natural gas development, oil market studies, oil stockpiling and renewable energy. The SOME + 3 Energy Policy Governing Group (EPGG) has been established to provide overall policy direction and program management for ASEAN + 3 energy cooperation. The SOME + 3 EPGG had subsequently formed a Fora of Experts, for these ve (5) initial cooperation areas with designated country coordinators from the ASEAN + 3 countries, respectively. The Forums started to meet in November 2003.

Multilateral Cooperation for APAEC In the light of growing global desire to bring the region closer to important bilateral and multilateral partners that could support ASEAN energy initiatives, various cooperation activities have been undertaken to pave the way for an enhanced regional cooperation. ASEAN and European Union (EU) Cooperation The EU has been a major source of nancing for energy projects in the ASEAN since the time of the ASEAN-EU Energy Management Training and Research Center (AEEMTRC). To this day, the EU continues to extend funding assistance through the ACE. One such programme being implemented by ACE is the EC-ASEAN Energy Facility (EAEF) launched in March 2002. It is a cooperation programme between the EC and ASEAN to facilitate partnerships between ASEAN and European organizations in developing specic joint projects in four categories, namely, 1) market awareness; 2) institutional frameworks; 3) feasibility studies; and, 4) demonstration projects. The rst Call for Proposals (CfP) was launched in early July 2002 and closed mid October 2002. Seventeen projects were approved out of 49 proposals with total co-nancing of about Euro 3.5 million. A total of 15 projects is currently under implementation, with total co-nancing of Euro 2.88 million. The second CfP launched on 18th July 2003 closed on 16th October 2003. Total co-nancing cost of Euro 5.5 million for 27 projects had been allocated. A total of 19 projects with a co-nancing support of Euro 5.075 million, out of the 32 proposed projects received, have been recommended for ECs approval. The third CfP is planned

174
ASEAN Documents Series 2004 ASEAN Documents Series 2004

175

ASEAN - Australia Cooperation Australia has been extending technical assistance through the ASEAN-Australia Economic Cooperation Programme (AAECP). Under AAECP Phase III, the Energy Policy and System Analysis Project (EPSAP) is being implemented to enhance the capacity of ASEAN energy policy makers and planners in assessing the impacts and cost effectiveness of alternative energy options. Five countries are participating in this EPSAP activity, namely: Indonesia, Malaysia, Philippines, Thailand and Vietnam. EPSAP has been expanded to cover Cambodia, Lao PDR and Myanmar, through the ASEAN-Australia Development Cooperation Programme Regional Partnership Scheme (AADCP-RPS). Technical capacity in energy policy and planning will be enhanced, through the conduct of policy studies and analysis, on the national and regional basis, of selected issues and concerns. To date, ve analysis reports had been completed: Indonesia Gas Utilization: National Gas Pipelines, Alternative Fuel Mix for Power Plant and Demand Sectors; Malaysia Fuel Diversication Economic and Environmental Impact of Alternative Fuel Mix Targets; Philippines Impact of Natural Gas Market Expansion; Thailand Removing the Subsidy on LPG and Implementing a Policy to Increase the Use of CNG in Transport; and, Vietnam The Strategy Orientation for Electricity Supply. The regional policy study on the Trans-ASEAN Energy Network has also been substantially completed. Through the AADCP-Regional Economic Policy Support Facility (REPSF) technical assistance and support has been provided for the ASEANs initiative on the formulation of the ASEAN common policy on power interconnection and electricity trade. A study on Preparing for Electricity Trading in ASEAN will be undertaken. The study will among others provide policy options to guide the phased and progressive implementation of the power interconnection projects in ASEAN and to help Member Countries, individually and collectively promote and prepare for electricity trading. Cooperation with the Energy Charter Secretariat In line with the decision of the 21st SOME/AMEM, ASEAN has become an observer in December 2003 in the Energy Charter Secretariat based in Brussels with ACE as the focal organization. Henceforth, ACE will be entitled to attend all meetings of the Energy Charter Conference and its subsidiary bodies and to receive all related ofcial documentation. ASEAN recognizes that the experience gained by the Energy Charter process is useful in facilitating the implementation of the Trans-ASEAN Gas Pipeline and the ASEAN Power Grids Projects. Initiative for ASEAN Integration (IAI) ASEAN Leaders approved the Initiative for ASEAN Integration (IAI) Work Plan designed to reduce the

development gap between the new and old ASEAN members. The IAI Work Plan is comprised of 54 projects in the following areas: infrastructure, human resource development, information and communications technology, and regional economic integration. Of the ten energy projects in the IAI Work Plan, seven (7) have secured funding as of February 2004. Four (4) projects funded by the European Commission ASEAN Energy Facility (EAEF) are currently under implementation. These projects are as follows, which have a combined budget of US$1.24 million. ENE/02/002 Power Industry Capacity Building Program with focus on CLMV ENE/02/003 Capacity Building Program for Power Transmission System Personnel of Electricite du Cambodge ENE/01/012 Study Tour and Workshop on Power Pooling in Europe for Greater Mekong Sub-Region/ ASEAN Power Interconnection Programme ENE/02/013 Rural Electrication Decentralized Energy Options

is focused and has well dened responsibilities and burdens. The programme areas of APAEC 1999-2004 shall essentially be maintained. As adopted in 21st AMEM, a new proposal for the creation of the Regional Energy Policy and Planning (REPP) has been incorporated. Programme Area No. 1. ASEAN Power Grid To strengthen collective cooperation among ASEAN power utilities/authorities in pursuing the ASEAN Power Grid for optimum use of energy resources for ASEAN development, new objectives, strategies and directions/actions have been formulated for Programme Area No. 1. The proposed objective of the programme area is: to facilitate the implementation of the ASEAN Interconnection Master Plan and to further the establishment of policy framework of the electricity network comprising the APG. The proposed strategies are: 1) develop the ASEAN Power Grid by interconnection; 2) optimization of the generation sub-sector vis--vis available indigenous energy resources; 3) invite private sector participation to develop the generation identied in the AIMS; and, 4) address barriers to interconnection.

1.

Develop the ASEAN Power Grid Interconnection The Heads of ASEAN Power Utilities/Authorities (HAPUA)is tasked to implement the ASEAN Power Grid programme. It completed the ASEAN Interconnection Masterplan Study (AIMS) in March 2003, identifying 14 interconnection projects. During the 21st AMEM on June 2003 in Langkawi, Malaysia, the Ministers approved 11 of the projects endorsed by HAPUA. The AIMS, as adopted, will serve as the reference guide in the implementation of the ASEAN interconnection projects. Two (2) interconnection projects are operational. These are the Peninsular Malaysia-Singapore interconnection and the Thailand-Peninsular Malaysia Stage # 1 and Stage # 2 interconnections. The Vietnam-Cambodia interconnection shall be commissioned between 20052007 and the Thailand-Cambodia link by 2007. Three (3) other projects will be commissioned by 2009, and the rest beyond 2009. In its bid to streamline operation, HAPUA adopted the Memorandum of Understanding (MOU) of the new Structure of HAPUA during their 20th Meeting. A special task force headed by Malaysia completed the review of the HAPUA organizational structure, administrative modalities and established a permanent HAPUA Secretariat last December 17, 2003 with three year term rotation. Indonesia hosts the HAPUA Secretariat for the period 2004-2007. HAPUA is expected to play a very important role in the development of the ASEAN Power Grid and it is condent that it can develop the grid and bring electricity to the people in the region.

The other three projects, with total secured funding of US$825,487, are in the planning stage. These projects are: ENE/02/004 Training on Small-Scale Product Processing Unit (SPPU) Utilizing EnvironmentallyFriendly Renewable Energy and Local Resources ENE/02/005 Institutional Strengthening and Capacity Building in the Energy Sector (Oil & Gas) in CLMV Countries ENE/02/006 Training Program on Coal Briquetting Technology and the Use of Briquettes for Households and Small Industries for CLMV Countries

Objective: To facilitate the implementation of the ASEAN Interconnection Master Plan and to further the establishment of policy framework of the electricity networks comprising the APG Strategy 1. Develop the ASEAN Power Grid by Interconnection Action Possible commissioning by 2005-2007 Vietnam Cambodia Possible commissioning by 2007 Thailand Cambodia Possible commissioning by 2009 Peninsular Malaysia Sumatra Sarawak - West Kalimantan Thailand - Lao PDR Possible commissioning beyond 2009 Sarawak Peninsular Malaysia Batam - Bintan - Singapore - Johor Philippines - Sabah Sarawak - Sabah - Brunei Darussalam Lao PDR - Vietnam Thailand - Myanmar Lao PDR - Cambodia 2. Optimization of the generation sector vis--vis indigenous resources 3. Invite private sector participation to develop the generation identied in the AIMS 4. Address barriers to interconnection Further optimize the AIMS result

2.

III. The New APAEC -- Visualizing the Regions Path to Greater Heights The current geo-political climate and global security remains uncertain. With this challenge, the ASEAN strongly recognizes the urgent need for closer and enhanced cooperation within and outside the region. In addition, ASEAN faces important key barriers which are believed could be turned into window of opportunities tied up with the integration of the world economy while ensuring that the Member Countries are on equal footing to face global competition. It now becomes crucial that ASEAN sustains its economic gains with having secure and reliable supply of energy to support economic activities, in an environmentally acceptable manner. These threepronged objectives necessitated the introduction of the Strategic Planning and Management (SPM) Framework for Sustainable Energy Development as a tool in crafting the new APAEC which emphasizes that every stakeholder

Conduct F/S on identied interconnections

Optimization of the Generation Sub-sector The ASEAN has abundant indigenous energy resources. There are large potential reserves of fossil energy sources as well as renewable energy which can be harnessed to produce electricity. However, initial results of the interconnection study indicate that it would not be economical to fully integrate the power systems of all the 10 ASEAN countries. Dividing the power system into two systems East System and West System indicated that there are 11 potential interconnection projects that can be implemented up to the year 2020. Further optimization studies shall be conducted to determine the delivery of cheap source of energy to the load center and economic operation and sharing of reserves. Invite Private Sector Participation to Develop the Interconnection HAPUA will continue to conduct feasibility studies on the interconnection projects. As power generation and interconnection projects entail huge capital investments,

3.
Conduct studies on policy, regulatory, legal, nancial and commercial framework

176
ASEAN Documents Series 2004 ASEAN Documents Series 2004

177

which no single government can undertake on its own, the private sector will be encouraged to embark on these projects. 4. Address barriers to interconnections HAPUA will conduct studies to come up with appropriate recommendations to overcome barriers to interconnections. Studies to be undertaken will cover areas such as policy, regulatory, legal, nancial and commercial framework. The studies shall be conducted in coordination with the eight (8) Working Groups (WGs) under the new HAPUA structure. The WGs include: a) Generation; b) Transmission; c) Distribution; d) Renewable Energy and Environment; e) Electric Supply Industry (ESI) Services; f) Resource Development; g) Power Reliability and Quality; and, h) Human Resource.

Objective: To facilitate implementation and realisation of the Trans-ASEAN Gas Pipeline Infrastructure Project to ensure greater economic value and security of gas supply Strategy 1. ASCOPE Members to collectively implement ASEAN MOU on TAGP 2. PERTAMINA and PSC Partners to undertake detailed feasibility study for East Natuna Gas Field Development 3. Respective ASCOPE Members to implement the approved roadmap for TAGP accordingly Action Operationalization of the MOU on TAGP Formal establishment of the AGCC Commission of Feasibility Study Initiative

Relevant studies on the following (pursuant to Article III of the TAGP MOU) will likewise be conducted: a) Financing To consider available nancing modes or arrangements relative to the nancing of the construction, operation and maintenance of the pipelines, as well as the supply, transportation and distribution of natural gas to Member Countries. This considers the important role of the private sector, especially in the provision of needed capital investment. b) Technical Specications To determine appropriate standardisation of technical specication of the pipeline, such as, but not limited to, design and construction standards, operation and maintenance guidelines, safety, environment and measurement standards which are internationally recognized by the oil and gas industry. c) Access and Use To determine effective and stable contractual arrangements for the supply distribution and transportation of natural gas, including adherence to the open access principle as well as management of the pipelines in accordance with such internationally accepted standards by the oil and gas industry. d) Security Supply and Emergency Supply Arrangements To determine appropriate measures to ensure security and safety of the pipelines and the uninterrupted ow of contracted natural gas for transmission through the pipelines, including a framework for cooperation in the event of serious supply disruptions, subject to mutual consultations.

being transported through the territory of Member Countries. g) Taxation and Tariff To determine arrangements for the mutually agreed imposition of, or exemption from import, export or transit fees, duties, taxes or other government imposed fees and charges on the construction, operation and maintenance of the pipeline as well as the natural gas in transit. h) Abondonement To explore possible cooperation and coordination measures concerning the potential further economic use of abandoned pipelines without undermining each member countrys right to enforce its own national laws concerning the abandonment of pipelines within its territory. i) Jurisdiction To determine jurisdiction and responsibility over the pipelines, particularly for pipeline segments located in the high seas (the exclusive economic zone-EEZ).

Programme Area No. 2. Trans-ASEAN Gas Pipeline The Trans-ASEAN Gas Pipeline programme is a very important task expected to provide the region with a secure supply of energy. For the plan period, the proposed objective of the programme is: to facilitate the implementation and realisation of the Trans-ASEAN Gas Pipeline Infrastructure Project to ensure greater economic value and security of gas supply. The strategies are: 1) ASCOPE members to collectively implement the ASEAN MOU on TAGP; 2) PERTAMINA and PSC partners to undertake detailed feasibility study for East Natuna gas eld development; 3) respective ASCOPE members to implement the approved roadmap for TAGP taking into consideration its economic viability accordingly; and, 4) ASCOPE Gas Centre (AGC) to implement the approved 5-year Work Programme. The following plan of action provides the platform for the implementation and realization of the TAGP: 1. Implement the Memorandum of Understanding (MOU) on the TAGP The Memorandum of Understanding (MOU) on the TAGP was signed by the ASEAN Energy Ministers during the 20th AMEM held in Bali, Indonesia on 04 July 2002. The TAGP MOU sets out the cooperation framework for greater public-private partnership and collaboration in the implementation of the TAGP. Under the MOU Member Countries can initiate individual and/or joint studies, either on a bilateral or multilateral basis, to support and encourage the production, utilisation, distribution, marketing and sales of natural gas among ASEAN Member Countries. Assessment and review of national and regional legal and institutional frameworks for natural gas, concerning cross-border issues relative to the commercial and economic feasibility, construction, nancing, operation and maintenance of the pipeline as well as supply transportation and distribution of natural gas to Member Countries shall be undertaken.

Eight (8) gas interconnection projects 1. South Sumatera, Indonesia Peninsular, Malaysia 2. W. Natuna, Indonesia Duyong, Malaysia 3. E. Natuna, Indonesia JDA Erawan, Thailand 4a+4b E. Natuna W. Natuna, Indonesia Kerteh, Malaysia 4a+4b E. Natuna W. Natuna, Indonesia Singapore 5. E. Natuna, Indonesia Brunei Darussalam - Sabah, Malaysia Palawan-Luzon, Philippines 6. Malaysia Thailand JDA Block B Vietnam 7. Pauh, Malaysia Arun, Sumatra, Indonesia 8. East Kalimantan Sabah - Philippines AGC Work Program are as follows: 1. To support and encourage the production, utilisation, distribution, marketing, and sale of natural gas. 2. To standardise technical specication for the Pipelines, such as design and construction standards, operation and maintenance guidelines, safety, environment and measurement standards which are internationally recognised by the oil and gas industry. 3. To facilitate effective and stable contractual arrangements for the supply, distribution and transportation of natural gas including adherence to the open access principle as well as management of the pipelines in accordance with such internationally accepted standards in the petroleum industry. 4. To recommend appropriate measure to ensure security and safety of the Pipelines and the uninterrupted ow of contracted natural gas for transmission through the Pipelines. 5. To recommend measures to mitigate the risk and impact on the environment which the construction, operation, and maintenance of the Pipelines may pose to the community, property and environment. 6. To explore possible cooperation and coordination measures concerning further economic potential use of pipelines to be abandoned 7. Other initiatives may include R&D on CO2 sequestration, harmonization of standards & specications, etc. 8. Study alternative options on Marine CNG Transport mode

2.

4. ASCOPE Gas Centre (AGC) to implement the approved 5-year Work Programme

PERTAMINA and PSC partners to undertake detailed feasibility study for East Natuna gas eld development Tasked to lead the implementation of the TAGP as a program area in the APAEC, the ASCOPE formulated the Masterplan for the Trans-ASEAN Gas Pipeline Infrastructure Project. The Masterplan which was completed in October 2000 indicates that there are a total of 175 Tscf of proven and 94 Tscf probable natural gas reserves in the then seven (7) ASCOPE Member Countries. Indonesia has the highest gas reserves with 90 Tscf proven and 42 Tscf probable reserves. Myanmar, which joined ASCOPE in 2003, has a total reserves of 18.4 Tscf proven and 60.3 Tscf probable and possible gas reserves. A very important nding of the Masterplan revealed that should there be no signicant commercial gas discoveries in the near future, countries like Thailand, Singapore and the Philippines would see gas shortfalls. The region would increasingly be dependent on Indonesia as the future main gas supply hub for the ASEAN region or else the region has to import gas supplies. The Masterplan concludes that there are enough gas supplies to meet the future growing demand for natural gas in the ASEAN region. These supply points could economically be connected to the demand centers through pipelines that would have to pass through national borders and meet certain economic, technical and regulatory standards. Furthermore, the Study concluded that the sustainability of the TAGP

e) Health, Safety and Environment To determine a framework for cooperation to mitigate risk and environmental impact which the construction, operation and maintenance of the pipelines may pose to affected communities, recognising each member countrys rights in accordance with its own national laws, safety measures and environmental requirements which are to govern the construction, operation and maintenance of the pipelines, constructed within its territories, including the designation of its own safety and environmental inspectors. f) Transit Rights To determine acceptable measures to facilitate issuance of permits, licenses, consents or other authorisations for transit pipelines and natural gas

178
ASEAN Documents Series 2004 ASEAN Documents Series 2004

179

interconnection project will rely on the discovery and development of potential gas resources in the region. Toward this end, investment for the exploration of potential resources should be encouraged. It was also noted that the development of the East Natuna gas eld in Indonesia will greatly inuence the timing, occurrence and realization of the TAGP project. 3. Implement the Trans-ASEAN Gas Pipeline Infrastructure per the approved roadmap on the TAGP ASCOPE has reviewed and submitted to the ASEAN Secretariat the Roadmap for Integration of ASEAN: Trans-ASEAN Gas Pipeline Implementation . Seven (7) gas interconnection projects have been identied for implementation. Among these projects, rm commitments have been secured for the gas pipeline interconnection projects between Sumatera, Indonesia and Singapore and W. Natuna (Indonesia Duyong (Malaysia). Ratication of the TAGP MOU by allMember Countries is a key factor in the implementation of this infrastructure project. A feasibility study on a gas pipeline project covering East Kalimantan Sabah Philippines has been proposed with possible commissioning by 2009. 4. ASCOPE Gas Centre (AGC) to implement the approved 5-year Work Programme In the near to medium term, the ASCOPE Gas Centre (AGC) is expected to address matters relating to harmonization and standardization of technical specification and gas quality while the commercial aspects as per the studies identified under the ASEAN MOU on TAGP will be undertaken in consultation with the ASEAN Gas Consultative Council (AGCC). It will also undertake joint-techno economic studies for the implementation of the TAGP and gas related projects. Furthermore, the AGC will develop knowledge management system for sharing/exchange information on the natural gas industry and develop exchange programme to promote research on natural gas technologists and researchers. One of the studies to be conducted will deal with using marine compressed natural gas (MCNG) as an alternative mode of transport for island demand centers. In the long term, the AGC will enhance and promote technological capability enhancement through effective gas-related techno-economic research and development efforts, education and skills training and development. AGC is also expected to undertake value-added activities for gas development for ASCOPE members. As presented during the 21st AMEM in Langkawi, Malaysia will host the AGC.

Programme Area No. 3. Coal The main objective of the programme for the next ve years is: to cooperate and promote sustainable development and utilization of coal while addressing environmental issues and facilitating intra-ASEAN coal-related issues.

Objective: To cooperate and promote sustainable development and utilization of coal while addressing environmental issues and facilitating intra-ASEAN coal related issues Strategy 1. Strengthen Institutional and Policy Framework 2. Promote Clean Coal Technology (CCT) Action Provide assistance in policy reviews Organize seminars on CCT Organize technical visits on CCT Facilitate feasibility studies on CCT for rural electrication Facilitate/organize technical training on CCT including coal bed methane Organize investment seminars Facilitate feasibility studies on coal infrastructure projects and low rank coal projects Update directories of coal specications of consumers and producers Facilitate feasibility studies on establishing an ASEAN coal commodity market Organise coal market seminars Provide assistance on environmental impact assessment of projects Organize seminars on environmental impact

facilities are being constructed due to perceived pollution effects once it becomes operational. This is where government and private developers can work jointly for public acceptance of the project. The promotion of CCT will be highlighted in an information education campaign (IEC) plan through tri-media (print, radio and television) showing the new technologies being employed for emission mitigation of present generation coal power stations. Other activities that will be carried out to promote CCT are the following: a) organize seminars on CCT; b) organize technical visits on CCT facilities; c) facilitate feasibility studies on CCT for rural electrication; and, d) facilitate/organize technical training on coal usage. 3. Promote Private Sector Investment To promote private sector investment, the AFOC shall organize Coal Business Forums wherein the private sector will be presented with business opportunities. It shall conduct feasibility studies and likewise compile feasibility studies of Member Countries and make these available to prospective investors. When necessary, assistance in conducting feasibility studies shall be provided by relevant ASEAN bodies to enhance investment opportunities. The conduct of investment promotion road shows is also expected to boost the level of investments in the sector. Promote intra-ASEAN Coal Trade With the assistance of ACE, the AFOC plans to establish a directory of coal specications, producers and consumers in the ASEAN which will be uploaded in the AFOC website. It will also organize a network of coal laboratories in ASEAN to improve standards of coal analysis. AFOC will conduct studies on existing and future coal ow in the region. The studies to be conducted will focus on the coal trade ow and show how the coal commodity market can be organized and established in the future. Preliminary studies have been completed and the information gathered are compiled in the AFOC website. Promote Environmental Assessment of Coal Projects Under this strategy, the AFOC shall provide assistance in the conduct of environmental impact assessment (EIA) of coal projects. This will be extended to small-scale coal project entrepreneurs who will need external assistance on environmental impact assessment.

equipment. It intends to make better use of energy, resulting to the promotion of individual behavior, working methods and manufacturing/industrial practices which are less energy-intensive. Various measures to promote energy efciency form part of the objectives of the EE&C-SSN programme for the next ve years.
Objective: To strengthen cooperation in energy efciency and conservation through institutional capacity building and increasing private sector involvement including enhancing public awareness as well as expanding markets for energy efcient products Strategy 1. Continuation of Information Sharing and Networking Action Develop a compendium of the following for circulation to Member Countries and general public: EE&C Policies / Strategies / Programs EE&C Products and Technologies EE&C Pool of Experts and Institutions EE&C Best Practices / Researches Review country S&L programs and testing capacity Study international experiences through study tour and joint workshops Formulation of common Technical Bases Development of Control Mechanisms and Implementation process Dialogues with stakeholders and promotion Enhance dialogues with private sector, other countries and organizations outside ASEAN Conduct Seminars and Workshops jointly with EE&C Industry and Businesses Include EE&C Discussion and Exhibitions in AEBF Expand Energy Awards/Competitions for Industry Sector and Individual Achievements Establish energy audit procedures Implement energy audit training Implement / Disseminate recommended improvements Develop system for energy database, benchmarking and guideline Develop ASEAN Energy Management System/Network Develop certication system for ASEAN energy manager including energy auditor Develop ASEAN energy management training for trainers Develop energy management guidelines Technology Transfer and Demonstration Development of Measurement & Verication (M&V) Protocol for ASEAN Development of Energy Performance Contracting Legal Framework and Standard Form of Contract Development of Project Management and Institutional Guideline Development of Energy Saving Potential Indexes (Benchmarking) E-commerce development for energy services Information Sharing on EE Policy and Measures for Transportation Sector Explore possible cooperation activities with ASEAN Transport sector (STOM)

3. Promote private sector investments

2. Continuation of ASEAN Energy Standards and Labeling

4. Promote intra-ASEAN Coal Trade

3. Expansion of Private Sector Involvement

5. Promote environmental assessment of coal projects

4.

Accordingly, the strategies to be implemented for the next ve years are: 1) strengthen institutional and policy framework; 2) promote clean coal technology (CCT); 3) promote private sector investments; 4) promote intra-ASEAN coal trade; and, 5) promote environmental assessment of coal projects. The strategies remain relatively the same as in the previous programme, with some modication on the promotion of environmental awareness. Various activities were identied to implement the ve major strategies, namely: 1. Strengthen Institutional and Policy Framework The AFOC shall undertake an inventory of existing policies, institutional arrangements and regulations on coal as well as the key industry players in each member country. Likewise it shall conduct studies and provide assistance on policy reviews. Promote Clean Coal Technology (CCT) Coal suffers from negative perception that it is not a clean fuel. It is common to ASEAN countries that strong opposition is met when coalred generating 5.

4. Capacity Building

5. Promotion of ESCO business

2.

Programme Area No. 4. Energy Efciency and Conservation Energy efciency aims to reduce energy consumption without reducing the use of energy-consuming plant and
6. Promotion of Energy Efciency in the Transport Sector

180
ASEAN Documents Series 2004 ASEAN Documents Series 2004

181

In response to evolving developments, the programme area objective is: to strengthen cooperation in energy efciency and conservation through institutional capacity building and increasing private sector involvement including enhancing public awareness as well as expanding markets for energy efcient products. The major guiding framework of the sector is to continue implementing the three strategies contained in the last plan and the inclusion of three new strategies for the next plan of action 2004-2009. The three strategies in the old programme which will be continued are the following: 1) continuation of information sharing and networking; 2) continuation of ASEAN energy labeling; and, 3) expansion of private sector involvement. The three new strategies include, 1) capacity building; 2) enhance business environment of energy services or promotion of ESCO business, and 3) promotion of energy efciency in the transport sector. 1. Information Sharing and Networking This strategy is mainly a continuation and expansion of information sharing and networking among the members and stakeholders from the previous APAEC 1999-2004. In general terms, priorities have been set for the next ve (5) years where efforts shall be concentrated towards promoting energy efciency. These include the following: Collection of policies, strategies and programs from other member economies; Finalization and dissemination of directory of EE&C products and technologies; Finalization and dissemination of directory of EE&C resources in ASEAN; and Finalization and dissemination of papers/studies/ researches on EE&C best practices 3.

the ASEAN standard label and to formulate the required standards and procedures for certication of labeling. For this purpose, a committee for ASEAN Standards and Labeling Programme was created. The conduct of feasibility studies on ASEAN labeling system has previously been considered under the 1999-2004 plan. Expansion of Private Sector Involvement Private sector involvement is critical to the successful implementation of the plans and programs for the sector. An enhanced and closer dialogue and exchanges will be undertaken for information on energy policy, notably through establishments of networks, fora, conferences and seminars with the private sector. These shall include EE&C industry and businesses, other countries and organizations outside ASEAN. As an example, the sub-sector network will tap the Renewable Energy and Energy Efciency Partnership (REEEP) which is a coalition of progressive governments, businesses and organizations committed to accelerating the development of renewable energy and energy efciency systems. The ASEAN Energy Business Forum (AEBF) is also a good opportunity where EE&C can play a major part in the discussion and exhibitions with the private sector. The extension of ASEAN Best Practices Competition Awards is expected to increase potential in energy savings, increase participation of other buildings through replication and adoption of building energy management system and other good practices towards energy efcient operation of their building. This will compel building owners, operators and contractors to use energy efcient equipment, devices, and other energy conserving measures in the construction and maintenance of their buildings. 4. Capacity Building This is a new strategy being considered for the medium term noting that demand for energy and energy prices have been increasing rapidly within and outside ASEAN. To meet this challenge, EE&C-SSN has undertaken a number of initiatives for the effective utilization of energy. However, some of the ASEAN members lack experience and technology on how to facilitate development and implementation of cleaner production of energy efcient projects. In addition, some ASEAN members lack nancial resource to carry out such projects. For 2004-2009, the sector shall pursue a conservation plan to reap benets to the extent possible. Hence, capacity building shall be a major focus. 5. Promotion of ESCO Business Among the key actions to be implemented under this strategy are: a) development of measurement and verication protocol for ASEAN; b) development of energy performance contracting legal framework

and standard form of contract; c) development of project management and institutional guideline; d) development of energy saving potential indexes (benchmarking); and e) E-commerce development for energy services. The Energy service companies or ESCOs approach has not been widely used in ASEAN due to lack of awareness, nancial, institutional and legal framework. As a mechanism, the EE&C-SSN shall tap the assistance of an ESCO to improve energy efciency within ASEAN. The sector will be provided value-added benets on the technical assessment and recommendation with the help of a specialist. This shall result to an immediate reduction of energy costs to the members who acquired the services of an ESCO. 6. Promotion of Energy Efciency in the Transport Sector The new strategy was crafted in response to the clamor of the AMEM/SOME to include projects for the transport sector as the sector is a major consumer of energy. Formulation of actions to be undertaken is in its very early stage and still under discussion by the sub-sector network. Some of the actions envisioned would be the sharing of information on the energy efciency policy and measures for the transport sector and possible research or studies. The EE&C-SSN will coordinate with the Senior Transport Ofcials Meeting (STOM) of ASEAN for joint studies.

policy and institutional framework for the development on RE. Skilled and trained personnel are essential to help realize the actual potential of RE. Necessary transfer of technology, knowledge and skills among ASEAN countries are required for capacity building. Special training sessions need to be conducted to facilitate the exchange of information on technology and successful practice among experienced ASEAN personnel. Experience gained in the ASEAN region is valuable. Therefore, it is highly important for other countries in the region to gain access to mature technologies. Exposure through organizing bilateral dialogues and consultation workshops, training courses, study tours and exchange of visits of technical experts shall be encouraged.
Objective: To institute and maintain sustainable development on the use of renewable energy and its technologies Strategy 1. To develop a policy and institutional framework for the development of RE Action Recommend a regional policy on RE including setting a renewable energy target in the region Conduct institutional capacity building Continue to conduct dialogues and consultation workshops among stakeholders Increase the share of RE in ASEAN to at least 10 percent of power generation To continue the implementation of PRESSEA and ASEM GRIPP Network Update compilation of existing specication and standards of Member Countries in the RE-SSN Infonet of ACE Conduct market study on various RE technologies Develop/harmonize standards for RE products Strengthen local manufacturing capabilities for RE products To design and apply innovative nancing instruments in support of RE projects To compile potential projects that are planned for implementation up to 2009 To increase international cooperation To develop promotional activities i.e. workshops/ seminars to encourage uptake of cogeneratin projects Dissemination of information relating to cogeneration and market developments To develop promotional activities i.e. workshops/ seminars to encourage utilization of biofuels Dissemination of information relating to biofuel technology and market developments Establish linkage to the automotive and related industries to pursue cooperation in R&D activities

Programme Area No. 5. Renewable Energy The motivation in the formulation of the ASEAN Plan of Action by the RE-SSN was inspired by the fact that the sensible deployment of renewable energy will accelerate the economic and social development of ASEAN. Renewable energy is seen as the right candidate to complement fossil fuel in order to support sustainable energy development. It is also envisaged that by end of the Plan period, clear policies and responsive plans and programme for RE commercialization be addressed. The objective of the programme area is to institute and maintain sustainable development on the use renewable energy and its technologies . The need for multilateral action to promote the commercialization of RE is apparent in the strategies and activities as elaborated below: 1. Develop a policy and institutional framework for the development of RE Certain issues and barriers regarding RE development need to be unveiled and sufciently addressed by the ASEAN countries, which can be discussed in national workshops participated by various agencies, including government, research institutions, private and commercial industries. Findings from these activities are anticipated to be included in the formulation of a

2. To promote the development and contribution of RE in energy supply 3. To further strengthen information networking in RE 4. To promote intra-ASEAN cooperation on ASEANmade products and services

All the information gathered will be uploaded to the ACE Homepage through regular updates by the coordinator of the EE&C-SSN for ready reference and/ or dissemination to members and its stakeholders. Overall, lack of information for consumers, manufacturers and industries hamper the inow of investments in energy efciency. For the 20042009 plan, the EE&C-SSN can also strengthen public awareness on the benets of implementing energy savings through print advertisements (e.g., newspapers, posters, brochures, handbooks, manuals, etc.) and media campaigns (e.g., radio, TV, etc.). 2. ASEAN Energy Standards and Labeling The SOME of the 20th AMEM in Indonesia endorsed a standard label to promote awareness on ASEAN energy efcient products. The SOME requested the EE&C-SSN to identify the products to be covered by

5. To promote the utilization of biomass-based cogeneration technology

6. To promote the utilization of biofuels

182
ASEAN Documents Series 2004 ASEAN Documents Series 2004

183

2.

Promote the development and contribution of RE in energy supply The success in the development of renewable energy is gauged through its increasing importance in the national energy balance in competition with conventional sources of energy. Therefore, the target to attain at least 10 percent of dependable capacity utilizing RE for power generation is deemed as an acceptable and precise indicator in ASEAN context. To further strengthen information networking in RE Given the high acceptance of internet based information dissemination, the existing online information networking, i.e PRESSEA and ASEM GRIPP Network, will be sustained to help ensure effective diffusion of RE initiatives. Selected stakeholders in the region will be invited to attend national level RE programme workshops and seminars organized by Member Countries to share experience and lesson learned. Promote intra-ASEAN cooperation on ASEAN-made products and services At the moment, ACE has taken the initiative to compile existing RE specication and standards of ASEAN Member Countries in its infonet. This effort will be continued to ensure sufcient and updated information readily accessible to all. Efforts will be devoted to the commercialization and marketing aspects of RE technologies. A market study will be conducted to identify and address the constraints in marketing renewable technologies in order to facilitate diffusion and to enable the renewable industry to be self-sustaining. Lack of standard and codes of practice contribute to the perceived risk in renewable energy application among investors and consumers. To improve their condence, RE products should comply with certain standard. The capacity of the local industry to manufacture, assemble, service and maintain the RE products must be improved in order to assist in fostering commercialization. The capabilities of local manufacturing should be supported by strategic incentives from the government. In spite of the merits of NRE, signicant barrier to its wide scale application involve high cost of investment which undermine the efforts to further expand its utilization and to achieve the targeted commercialization phase. An innovative nancing instrument/mechanism should be formulated to accelerate use of RE. Given the potential merits of RE for the ASEAN region, a compilation of prospective RE projects will be made to ascertain the accumulated potential installed capacity within the area. The activity will provide interested

developers with valuable information needed for investment decision-making. A cooperative arrangement among countries is viewed as a viable approach. Multilateral collaborations that bring in private and international agencies to invest in viable RE projects shall be continued. 5. To promote the utilization of biomass-based cogeneration technology Biomass-based cogeneration system for the production of electricity and usable energy will be encouraged. In this respect, the generation of energy mainly for in-house consumption will be promoted. The supply of excess energy generated by the biomass-based generating system to the local community and to the grid will be encouraged. It is envisaged that closer cooperation with the ongoing EC-ASEAN Cogen Programme will be undertaken to accelerate the acceptance of the technology in the region. 6. To promote the utilization of biofuels Many countries are trying to search for alternative fuels to reduce heavy reliance on petroleum fuels. Under the programme area, utilization of biofuels calls for focused technological cooperation in bioenergy. Linkage with automotive and related industries shall be established in order to advance technological know-how and R&D activities. Likewise, market studies shall be conducted to fully determine the commercial potential of bioenergy.

the 21st AMEM to undertake regional planning to ensure availability of energy supply.
Objective: To enhance national and regional energy policy analysis and planning towards sustainable development Strategy 1. Energy policy and supply security information sharing network Action Continue and update the members country energy policy and plans/infonet of ACE Continue and update the ASEAN energy database system of ACE Continue capacity building activities of Member Countries in energy policy analysis, database maintenance, supply security assessment through training, joint studies and technical exchanges between Member Countries Continue the information networking on environmental data related to energy development Conduct studies on environmental and energy policies for sustainable development Undertake regional cooperation on energy and sustainable development Conduct analysis on regional energy policy and outlook using common methodologies / framework Prepare regional energy policy and outlook Expand energy nodal network for the region Conduct seminar/workshop and regional training in energy policy planning and supply security assessment Exploration/utilization of all kind of indigenous energy resources Continue/pursue dialogue with the following: ASEAN-Japan ASEAN+3 ASEAN-EU ASEAN-Australia ASEAN-Germany ASEAN-Multi Lateral Agencies Identify priority areas for regional studies

economic, social and environmental impacts of energy projects for each member country and to the region as a whole. Further, this establishes a permanent venue in addressing issues pertaining to implementation of the APAEC 2004-2009 and matters arising among ASEAN dialogue partners. 1. Energy policy and supply security information sharing network Under the strategy of energy policy and supply security information sharing, continuous updating will be required of the ASEAN Energy Database (AED). The same will be done to Member Countries energy policy and plans at the REPP-SSN infonet to be developed with the assistance of ACE. A seminar/workshop on Estimation and Reporting of Energy Reserves shall be conducted wherein data to be acquired shall be included in the AED. Capacity building in energy policy planning, supply security assessment and database development With regard to capacity building, regular training, joint studies and technical exchanges in energy policy analysis, database maintenance and supply security assessment will be conducted. These will be carried out through the technical exchange programs such as the SOME-METI capacity building on energy database and energy supply security assessment, the EPSAP under the ASEAN-Australia Economic Development Cooperation, and the ASEAN-IEA program. Although some ASEAN members have progressed ahead of other members in these areas, training will ensure increased technical capability, ensure uniformity in the pace of work and output expected of each country. This will greatly benet the new members of ASEAN --Cambodia, Lao, Myanmar and Vietnam which will be accorded priority. Incorporation of environmental and sustainable development concern in regional policy formulation A particular area of interest that this programme area would like to focus on is the incorporation of environmental concern in regional policy formulation. The REPP-SSN will continue the information networking on environmental data related to energy development with entities such as the Climate Change Information Center (CCIC) of the Philippines, the Center for Energy and Environment Resources Development (CEERD) of Thailand, and the Pusat Tenaga Malaysia (PTM). These nodal networks on climate change and environment shall likewise conduct cooperation studies on environmental and energy policies for sustainable development. Analysis and preparation of regional energy policy and outlook Preparation of the Regional Outlook is in progess. The Institute of Energy Economics, Japan (IEEJ) shall

3.

2. Capacity building in energy policy planning, supply security assessment and database development

4.

3. Incorporation of environmental and sustainable development concern in regional policy formulation

2.

4. Analysis and preparation of regional energy policy and outlook

5. Strengthen collaboration/ cooperation among national and regional institutions in energy policy and planning

Programme Area No. 6. Regional Energy Policy and Planning As agreed in the 21st AMEM, program area number six has been renamed Regional Energy Policy and Planning from Regional Energy Outlook, Energy Policy and Environmental Analysis in the previous APAEC. The objective of the new program is to enhance national and regional energy policy analysis and planning towards sustainable development . Eight (8) strategies were identied which include: 1) energy policy and supply security information sharing; 2) capacity building in energy policy planning, supply security assessment and database development; 3) incorporation of environmental and sustainable development concern in regional policy formulation; 4) analysis and preparation of regional energy policy and outlook; 5) strengthen collaboration/cooperation among national and regional institutions in energy policy planning; 6) address energy issues pertaining to ASEAN dialogue partners; 7) pursue studies on evolving regional energy policy reform/ issues; and, 8) monitoring and evaluation of the progress of the ASEAN Plan of Action for Energy Cooperation. The programme strategies are consistent with the expectations and desired initiatives expressed by energy ministers during

6. Address energy issues pertaining to ASEAN dialogue partners/other relationships

3.

7. Pursue studies on evolving regional energy policy reform/issues 8. Monitoring and evaluation on the progress of the ASEAN Plan of Action for Energy Cooperation

Conduct periodic monitoring and evaluation of the APAEC 2004-2009 Formulate an evaluation and monitoring (E&M) system for the APAEC 2004-2009

Energy policy planning, supply security assessment on a per country and on a regional scale and the implementation of programmes requires the creation of a specialized body that will supervise Programme Area No. 6 and assist the ACE in monitoring the implementation of all the programme areas of the APAEC. Thus, with the approval of SOE Leaders, the Regional Energy Policy and Planning Sub-Sector Network (REPP-SSN) was created. Among others, this body will be tasked to objectively analyze and effectively assess the

4.

184
ASEAN Documents Series 2004 ASEAN Documents Series 2004

185

assist in developing the energy outlook models of each country using econometric approach. The Microt software will be used for developing the models. 5. Strengthen collaboration/cooperation among national and regional institutions in energy policy and planning The energy nodal network for the region will be expanded with the dissemination of reports on regional policy issue analysis and demandsupply outlook to concerned international organizations. Cooperation/ exchange programs with regional institutions will be conducted in seminars, workshops, trainings, etc. Address energy issues pertaining to ASEAN dialogue partners/other relationships Through the programme, dialogue shall be continued with the ASEAN partners through participation in meetings/forums/trainings. The implications of issues arising from these dialogues shall be included in policy analysis reports which could assist Senior Ofcials in decision making. Pursue studies on evolving regional energy policy reform/issues The strategy was formulated upon the recommendation during the Special SOME in December 2003 in Kuala Lumpur, Malaysia. This will provide special focus to ASEAN energy regulatory and market reforms as well as other areas of interest deemed important to merit deeper studies. Monitoring and evaluation on the progress of the APAEC 2004-2009 One of the functions of the REPP-SSN under the Terms of Reference (TOR) creating it is to assist the ACE in coordinating the implementation and monitoring of the APAEC 2004-2009. This responsibility will formally rest with the sub-sector network upon approval of energy ministers at the 22nd AMEM on May/June 2004. d)

relevant technologies from within and outside ASEAN, to include but not limited to the private sector, the ASEAN Dialogue Partners and relevant international and regional organizations; and Report on the overall implementation progress to the annual ASEAN Ministers on Energy Meetings (AMEM).

V. Conclusion The Way Forward The APAEC 2004-2009 is a dynamic document which continues to reect ASEANs priority and responses to changing circumstances. If warranted, annual reviews should be carried out to allow necessary redirections of the programmes. To achieve the Plan, the ACE and its established policy and planning body should provide the necessary guidance for a cohesive implementation of projects. Member country commitment to facilitate implementation is crucial. It must be secured and maintained so that the region benets as whole. The same dedication will be needed from the ASEAN specialist organizations in carrying out their respective program areas. ASEAN has witnessed a growing integration in energy cooperation with respect to energy supply vital to its economic and social development. Intra-regional bilateral

and multilateral, as well as international cooperation agreements regarding the development of its energy resources must be continuously pursued in manner that would ensure the sustainable development and use of these resources. Much work on the infrastructure for cross border energy trading still need to be done. Respective governments will play a decisive role in facilitating the development of these projects. It will be the responsibility of the member states to create a more stable, predictable and competitive business environment. Among others, laws and regulations have to be harmonized and made transparent on matters relating to energy trade, pricing and contracts. In the past, wealthier economies around the world have shown great interest and helped in the development of the ASEAN. It is the desire of the region that the same generous support be extended for energy projects by the funding countries and donor institutions.

6.

Member Countries shall collectively determine the implementation priorities, develop work programmes or plans for the programme areas, for consideration/approval by SOME/AMEM. Participation of the ASEAN private or business sector, ASEAN Dialogue Partners and the relevant regional/international organizations shall be encouraged in the development and implementation of the work programmes/plans. The relevant ASEAN energy sub-sector networks or specialized bodies shall serve as the SOMEs implementing arms in their respective programme area. They shall convene their respective meetings or Experts Group, as deemed necessary, to determine the priorities and implementing arrangements, further elaborate the cooperation work programmes, and prepare the necessary project proposals/ documents. The designation of country coordinators for specic programmes/activities would be subject to mutual agreement by the Member Countries/SOME. The ASEAN Centre for Energy (ACE) in coordination with ASEAN Secretariat shall assist SOME and the ASEAN energy specialized bodies and sub-sector networks in carrying out the above responsibilities, including technical support and assistance in the supervision, coordination and review of the cooperation programmes, projects and activities. In particular, ACE shall provide technical coordination, as well as facilitate the task of the implementing organizations such as the planning and fund sourcing, among others. The ASEAN Secretariat shall be responsible for programme coordination and other requirements with the other ASEAN coordinating bodies and the ASEAN Dialogue Partners. ACE jointly with the ASEAN Secretariat shall prepare regular implementation progress reports, for submission to the annualSOME/AMEM meetings. Technical assistance from ASEAN Dialogue Partners, ASEAN private sector organizations, international and regional organizations and other related institutions are most welcome to ensure the successful implementation of APAEC 2004-2009. SOME, with the assistance of ACE and the ASEAN Secretariat, may undertake resource mobilization activities for securing potential funding support for the APAEC 2004-2009 projects and activities. AMEM would provide the issues and concerns of common interest and set policy and programme directions for the effective implementation of APAEC 2004-2009.

7.

8.

IV. Implementation Arrangements The ASEAN Senior Ofcials Meeting on Energy (SOME) shall have overall responsibility in the supervision, coordination and implementation of APAEC 2004-2009, with the following specic responsibilities: a) Undertake all measures for its implementation, including determining priorities, carrying out periodic reviews, and the approval of the necessary cooperating programs, projects and activities; Serve as the principal coordinating body to address all issues relating to its implementation; Identify nancial support and assistance, as well as

b) c)

186
ASEAN Documents Series 2004 ASEAN Documents Series 2004

187

FINANCE

respective countries systems, and facilitate the preparation of their capital account liberalization programs. 11. We also expect to conclude the current third round of negotiations on liberalization of nancial services by the end of this year, and will commence the next round of negotiations in 2005. Strengthening Regional Self-Help and Support Mechanism 12. On regional self-help and support, we are pleased with the successful conclusion of four bilateral swap arrangements (BSAs) under the Chiang Mai Initiative (CMI) since we last met in Makati City, the Philippines in August 2003. The BSA network now expands to sixteen agreements with a combined size of USD 36.5 billion.

Joint Ministerial Statement of the 8th ASEAN Finance Ministers Meeting


Singapore, 7 April 2004
Introduction 1. We, the ASEAN Finance Ministers, convened our 8th Annual Meeting in Singapore on 7 April 2004 under the chairmanship of H.E. Mr Lim Hng Kiang, Minister, Prime Ministers Ofce and 2nd Minister for Finance, Singapore. 2. We discussed recent global economic developments, performance of ASEAN economies in 2003 and outlook for this year. We also reviewed and are satised with the progress of the implementation of the Roadmap for Integration of ASEAN in Finance that was adopted by the ASEAN Leaders in October 2003 and other regional nance cooperation initiatives including customs, insurance, taxes and regional self-help and support mechanisms. Recent Economic Developments 3. We are pleased with the resilience of our economies in 2003 despite the adverse impact of SARS earlier in the year. Proactive policy responses and robust domestic and external demand during the second half of last year resulted in a higher annual growth of 5 percent across ASEAN countries compared to 4.5 percent in 2002. For some of our economies, growth was also supported by continued revival in investment, including foreign direct investment. Most capital markets were also very active with regional stock markets achieving strong performances. 4. Monetary conditions were accommodative with stable or lower interest rates, as ination in most countries remained subdued. In general, most countries maintained a stimulative scal stance while moving towards the goal of attaining scal consolidation in the medium term. We also noted the sustained efforts undertaken by our countries to complete the nancial and corporate sector restructuring agenda not only to reduce potential vulnerabilities in an uncertain global environment, but also to promote economic resilience and position ASEAN for productivity-led growth going forward. 5. The prospects for growth in our economies are stronger in 2004. We expect our region to continue its growth momentum in 2004 with a projected GDP growth of 5.5 to 5.9 percent. Growth is expected to be broad based, with both domestic and external demand providing the impetus for expansion. 6. Despite the improved outlook for the global economy in 2004, we recognize that downside risks exist. In particular, the current account and scal imbalances in some of the major industrial countries may cause misalignments and volatility in the nancial markets. A gradual adjustment to these imbalances is necessary so as to avoid putting undue stress on the global and regional economic prospects. In this respect, the ASEAN countries have adopted demand strengthening policies which will play a positive role in the global adjustment process. Roadmap for Integration of ASEAN in Finance 7. Since our Leaders adoption of the Roadmap for Integration of ASEAN in Finance (the Roadmap) in October 2003, we have made progress in the areas of capital market development, capital account liberalization and nancial services liberalization. 8. We are pleased that our cooperation in capital market development has resulted in the formulation of a regional training program that will focus initially on four broad areas, namely (a) legal, regulatory and supervisory framework, (b) risk management, (c) liquidity enhancement, and (d) market infrastructure for trading, clearing and settlement. Training vendors will be involved in the implementation of the program. 9. We agreed to set up a task force to explore ways to forge alliances and linkages within the ASEAN securities markets. We also agreed to organize promotional efforts to prole ASEAN better. In this regard, we note that Singapore will be hosting the International Monetary Fund/World Bank Annual Meetings in 2006. This event will present a unique opportunity for ASEAN countries to work together to showcase the economic and social developments of ASEAN. 10. Implementation of the Roadmap on capital account liberalization also proceeded as planned. A stock-take of capital account measures is being undertaken and a list of existing prudential policies and safeguards is also being compiled. These steps would enhance the understanding of

13. We also noted the progress made in fostering domestic and regional bond markets under the Asian Bond Markets Initiative (ABMI) in collaboration with our Plus Three partners. 14. We are pleased with the overall progress achieved towards regional integration, and commit to further strengthen our cooperation to expedite the implementation of signicant initiatives such as the Roadmaps, the CMI and the ABMI. We underscore the importance of continuous efforts to further develop and strengthen our nancial markets and to achieve the objectives of our regional cooperation towards nancial stability and integration. 15. We expressed our sincere appreciation to the Government and people of Singapore for their excellent arrangements and warm hospitality accorded to all delegates. The 9th AFMM will be held in Lao PDR in 2005.

188
ASEAN Documents Series 2004 ASEAN Documents Series 2004

189

Joint Ministerial Statement of the ASEAN + 3 Finance Ministers Meeting


Jeju, Korea, 15 May 2004
Introduction 1. We, the Finance Ministers of ASEAN, China, Japan and the Republic of Korea (ASEAN + 3) convened our 7th meeting in Jeju under the chairmanship of H.E. Mr Lim Hng Kiang, Minister in the Prime Ministers Ofce and 2nd Minister for Finance, Singapore. 2. We exchanged views on recent economic and nancial developments and policies and took note of the report of Asian Development Bank (ADB) President Mr Tadao Chino on the economic outlook of the region. We also discussed the progress of regional nancial cooperation, including, the Chiang Mai Initiative (CMI), the Asian Bond Markets Initiative (ABMI), the ASEAN+3 Research Group, and Monitoring of Capital Flows. Recent Economic and Financial Developments in the Region 3. We are pleased to note the continued strengthening of our economies which grew by 6.3% in 2003 from 5% a year before. Growth was supported by accommodative monetary and scal policies in many countries, which contributed to further strengthening in domestic demand. Continued efforts to accelerate corporate and nancial restructuring, scal consolidation and improved investment climate have also led to a more conducive economic environment. In this regard, the ASEAN+3 countries have contributed positively as an additional source of growth to global economic recovery. We are reassured by the resilience and proactive management of the Chinese economy and the rm recovery of the Japanese and Korean economies. This will provide a strong foundation for the continuing economic growth of the ASEAN+3 region. 4. To further enhance the economic growth momentum in the region, we reafrmed the importance of continuing scal consolidation and improvement in investment climate. Continued global recovery would further enhance growth prospects in our region this year. We noted the potential impact of higher energy prices and interest rate movements on the global economy. Strengthening East Asia Financial Cooperation 5. On the Chiang Mai Initiative (CMI), we are pleased to note the continued expansion of its network of bilateral swap arrangements. Since we last met in Makati City in the Philippines, in August 2003, four more Bilateral Swap Agreements (BSAs) have been concluded. That brings the total number of (BSAs) to sixteen, and the size of the network to USD 36.5 billion. 6. We agreed to undertake further review of the CMI to explore ways of enhancing its effectiveness. A working group will be tasked to conduct the review and report the outcome, by the end of 2004, to our Deputies who will report to us at the next AFMM+3. 7. We are pleased with the substantial progress made by the six working groups under the Asian Bond Markets Initiative (ABMI). We believe that such efforts, in consultation with the private sector, will contribute signicantly to the development of deeper and more liquid regional bond markets that will assist in the efcient allocation of the large pool of savings in Asia to fund productive investment in the region. We also noted the establishment of the ABMI Focal Group, which was set up to coordinate the activities of six working groups. 8. We appreciated the assistance by the ADB in conducting studies on credit guarantee mechanisms and regional clearing and settlement mechanisms as well as the joint effort by Japan and Malaysia to conduct a study on the impediments on cross-border bond investments and issuance. We supported Korea and China cochairing the working group to explore ways to further enhance the regional credit guarantee and investment mechanism. We also welcomed our members efforts in modifying existing regulations to facilitate the issuance of and investment in local currency denominated bonds under the ABMI. 9. We recognized the importance of disseminating information about bond issuers and bond market infrastructure as the dissemination of such information will promote market transparency and facilitate the decisionmaking process by both issuers and investors. In this respect, we welcomed the launch of the AsianBondsOnline Website (ABW) today. The ABW will play an important role in providing the public with information about the bond markets in the region as well as updates on the progress made by each working group under the ABMI. We also noted the importance of active involvement of the private sector in fostering the regional bond market and promoting regional economic integration, and welcomed the initiatives to be taken under ABMI.

10. We also recognized the importance of capacity building efforts for the further development of regional bond markets and welcomed the technical assistance provided by the Japan-ASEAN Financial Technical Assistance Fund (JAFTA) to assist participating members. We appreciated Koreas and Malaysias offer to provide additional technical support in this area. To enhance the effectiveness of the economic review and policy dialogue process, JAFTA has also provided assistance to strengthen participating members monitoring system and capacity in generating and compiling more accurate and timely data. We also welcomed Chinas offer to continue with training courses and seminars on the regional economy and nancial cooperation. 11. We noted the vigorous discussion on further regional nancial cooperation at the rst Research Group meeting in March 2004 in Manila and agreed that further discussion by the Research Group should continue next year. This will further enhance mutual understanding among Member Countries and foster the build-up of intellectual capital across the region. In that connection, we agreed to undertake four more studies. We welcomed Japans and Chinas offers to provide nancial assistance for those studies.

12. We conducted a useful dialogue with the ADB and expressed our appreciation for the technical assistance provided by the ADB to members. 13. We are pleased with the overall progress achieved under the ASEAN+3 framework and reiterated our commitment towards forging closer nancial and monetary cooperation in this region, including expediting the implementation of the above initiatives to ensure continued regional nancial deepening and greater stability. 14. On the new Basel Capital Accord, Ministers generally agreed with its objective of promoting sound supervisory standards worldwide, and reafrmed that a certain level of exibility for non-G10 countries regarding the implementation schedule of the new Accord would support the smooth transition to the new supervisory framework. 15. We agreed to meet in Istanbul, Turkey in 2005.

16. We expressed our thanks to Korea for hosting the 7th ASEAN +3 Finance Ministers Meeting

190
ASEAN Documents Series 2004 ASEAN Documents Series 2004

191

INDUSTRIAL COOPERATION

Arrangements by 1 January 2005, whereas the Socialist Republic of Vietnam shall do so by 1 January 2006. ARTICLE 3 Article 5 (Privileges) of the Agreement shall be amended by substituting Article 5(1)(a) with the following : a. approved AICO Products traded between Participating Companies shall enjoy the Preferential Tariff Rate stipulated in Article 1(6) and Article 2(4), where applicable. Where the stipulated Preferential Tariff Rate is within a band, the actual rate shall be determined by that Participating Country concerned. The Preferential Tariff Rate shall cease when the tariff rate of the product reaches the final CEPT rate; ARTICLE 4 Article 7 (Application Procedures) of the Agreement shall be amended by substituting Article 7(2) with the following : 2. ASEAN Member Countries shall, within 60 days of receipt of the application, inform the ASEAN Secretariat of : a. their decisions in participating in an AICO Arrangement; and, b. where applicable, the Preferential Tariff Rate to be applied as stipulated in Article 1(6) and Article 2(4).

Protocol to Amend The Basic Agreement on the ASEAN Industrial Cooperation Scheme
Singapore, 21 April 2004
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Vietnam, Member States of the Association of South East Asian Nations (ASEAN); RECALLING the Basic Agreement on the ASEAN Industrial Cooperation (AICO) Scheme signed on 27 April 1996 in Singapore, hereinafter referred to as the Agreement which aims to provide the guidelines and institutional framework within which the ASEAN private sector may collaborate on the basis of mutual and equitable benets for the ASEAN Member Countries and increased industrial production for the region as a whole; ACKNOWLEDGING with satisfaction that the AICO Scheme has met its set objectives; NOTING also that Article 1 of the Protocol to Amend the Agreement on the CEPT Scheme for the AFTA for the Elimination of Import Duties signed on 31st January 2003 amended the nal CEPT rate to zero percent (0%); RECALLING the decision of the ASEAN Economic Meetings Retreat in Genting Highland, Malaysia in July 2002 to maintain the relevance of the AICO Scheme beyond 2002 and to work towards setting the AICO rate at zero percent (0%); RECALLING the decision of the 34th Meeting of the ASEAN Economic Ministers (AEM) held on 12 September 2002 in Bandar Seri Begawan, Brunei Darussalam to amend the preferential tariff rates applicable to participating countries on the AICO Scheme; RECOGNISING the need to update the Agreement to maintain its continued relevance beyond 2002; NOTING that Article 13 of the Agreement provides for amendments to it; HAVE AGREED AS FOLLOWS: ARTICLE 1 Article 1 (Denitions) of the Agreement shall be amended by substituting Article 1(6), with the following : 6. Preferential Tariff Rate shall mean the advanced nal CEPT rate xed by Participating Countries at 0% as provided for by the Protocol to Amend the Agreement on the CEPT Scheme for the AFTA for the Elimination of Import Duty. This denition shall be read together with Article 2(4) of the Agreement agreed upon in this Protocol and Article 4 of the Agreement. ARTICLE 2 Article 2 (General Provisions) of the Agreement shall be amended as follows : (a) by inserting a new Article 2(4) after existing Article 2(3) as follows : 4. In the case of AICO Arrangements approved from 01 January 2003, the Preferential Tariff Rate for Participating Countries shall be within the band as follows : a. b. c. d. e. f. g. h. i. j. Brunei Darussalam The Kingdom of Cambodia Republic of Indonesia Lao Peoples Democratic Republic Malaysia Union of Myanmar Republic of the Philippines Republic of Singapore The Kingdom of Thailand Socialist Republic of Vietnam 0% 0% 0% 0% 0% 0-5% 0-1% 0% 0-3% 0-5%

ASEAN Member Countries, where applicable, which are unable to indicate a decision on the tariff rate within this period shall nevertheless indicate their decision on acceptance or otherwise, of the arrangement and the product as an AICO Product. ARTICLE 5 Article 12 (Repealing Provision) of the Agreement shall be amended by replacing the word nal in the second sentence of Article 12(d) with prevailing . ARTICLE 6 This Protocol shall enter into force on the date of deposit of the instruments of ratication or acceptance by all signatory governments with the Secretary-General of ASEAN. This Protocol shall be deposited with the Secretary-General of ASEAN, who shall promptly furnish a certied copy thereof to each Member Country. IN WITNESS THEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the Protocol to Amend the Basic Agreement on the ASEAN Industrial Cooperation Scheme. DONE at Singapore, this 21st day of April 2004, in a single copy in the English Language.

For the Government of Brunei Darussalam

For the Government of the Union of Myanmar

PEHIN DATO ABDUL RAHMAN TAIB Minister of Industry and Primary Resources, Brunei Darussalam

U TIN WIN Minister for Economic Cooperation

Participating Countries upon mutual agreement may establish preferential tariff rate arrangements between or amongst Participating Countries within the applicable bands stated above of the respective Participating Countries. (b) by inserting the following new Article 2(5) as follows: 5. The ASEAN Member Countries referred to in Article 2(4) that are temporarily not ready to implement the Preferential Tariff Rate of 0%, shall work towards reducing the Preferential Tariff Rate to 0% for AICO

For the Government of the Kingdom of Cambodia

For the Government of the Republic of the Philippines

CHAM PRASIDH Minister of Commerce

CESAR A. V. PURISIMA Secretary of Trade and Industry

192
ASEAN Documents Series 2004 ASEAN Documents Series 2004

193

For the Government of the Republic of Indonesia

For the Government of the Republic of Singapore

INFORMATION AND COMMUNICATION TECHNOLOGY

RINI M. S. SOEWANDI Minister of Industry and Trade

GEORGE YONG-BOON YEO Minister for Trade and Industry

Joint Media Statement of the 4 ASEAN Telecommunications and IT Ministers Meeting (4th ASEAN TELMIN)
th

Bangkok, Thailand, 5 August 2004


For the Government of Lao Peoples Democratic Republic For the Government of the Kingdom of Thailand

Building e-Learning Culture towards Knowledge-based ASEAN

SOULIVONG DARAVONG Minister of Commerce

WATANA MUANGSOOK Minister of Commerce

ICT Ministers Establish ASEAN ICT Fund to Accelerate the Implementation of the ASEAN ICT Work Programme
We, the ASEAN Ministers responsible for Telecommunications and Information Technology, held our fourth meeting in Bangkok, Thailand on 4-5 August 2004 to progress cooperation in ICT development including the implementation of the e-ASEAN Framework Agreement and the promotion of e-Learning culture towards a knowledgebased ASEAN. We are pleased to announce the establishment of an ASEAN ICT Fund. The Fund will have a quantum of USD 5 million with equal contributions by all ASEAN members. The Fund will be used to accelerate the implementation of the ASEAN ICT Work Programme. We are also pleased to report progress made against the deliverables of the Singapore Declaration: An Action Agenda, which was endorsed at the 3rd TELMIN last year. The Declaration encapsulates initiatives towards realizing an integrated ASEAN Economic Community. We took steps to fortify information infrastructures in ASEAN. Each ASEAN country has committed to establishing a National Computer Emergency Response Team (CERT). We have also developed a Standard Operating Procedure for information-sharing among ASEAN as well as minimum requirements for CERTs. These cooperative measures will ensure a coordinated ASEAN response to cyber-threats. Good progress has been made in the implementation of the ATRC Sectoral Mutual Recognition Arrangement (MRA) on Conformity Assessment for Telecommunications Equipment. We applaud the commencement of the implementation of the bilateral MRAs between the Republic of Indonesia and Singapore and between Brunei Darussalam and Singapore. Malaysia and Singapore will commence implementation of their MRA by end 2004. Malaysia and Brunei Darussalam have started initial discussions to launch an MRA. These arrangements will serve as important pathnders for the establishment of a network of MRAs within ASEAN which will benet end-users by making telecommunications equipment more affordable and accessible. We continue to enhance ties with youths in ASEAN. We had an interesting exchange of ideas on e-learning and encouraged them to actively participate in ASEAN cooperation activities. We welcomed the establishment of the e-ASEAN Business Council (e-ABC). We had a fruitful dialogue with its members on topics such as infrastructure and e-learning accreditation. We agreed to conduct regular dialogues with the private sector to enhance ICT development in the region. We are satised with the signicant progress made in broadening and deepening relations with our Dialogue Partners, namely China, Japan, Korea and India. This year, we held an inaugural ministerial consultation that further contributed to better mutual understanding and closer partnership. We identied possible areas of collaboration including broadband deployment, cybersecurity capacity building, adoption ICT use for the disabled and elderly, Radio Frequency Identication (RFID), and virtual network of software multi-lingualization. We noted progress made in promoting education via the Internet. We agreed to leverage and exploit e-Learning to help meet ASEAN human capacity building policy goals. We thanked Thailand for hosting our fourth meeting in Bangkok and agreed to meet in Vietnam in 2005

For the Government of Malaysia

For the Government of the Socialist Republic of Viet nam

RAFIDAH AZIZ Minister of International Trade and Industry

TRUONG DINH TUYEN Minister of Trade

194
ASEAN Documents Series 2004 ASEAN Documents Series 2004

195

Press Statement by The Co-Chairperson (ASEAN) of the 1st ASEAN Plus China, Japan and Korea Telecommunications and IT Ministers Meeting (TELMIN) The 1st ASEAN - India Telecommunications And IT Ministers Meeting (TELMIN)
Bangkok, Thailand, 5 August 2004
1. The Ministers from ten Member Countries of the Association of Southeast Asian Nations (ASEAN) held two key inaugural meetings today. The rst meeting was with the Ministers of China, Korea and Senior Vice-Minister of Japan. The second meeting was with the Minister of State, for Communications and Information Technology of India. Both meetings resulted in fruitful discussions. 2. We took note of the timeliness and urgency of convening these meetings in the wake of global ICT revolution that is rapidly transforming the lives of people and societies. In responding to the present as well as future challenges of ICT, we underlined the importance of the start of these dialogues and their potential in achieving the objectives of the ASEAN Vision 2020, the eASEAN Framework Agreement and the respective national development agenda. 3. We are convinced that there are many common areas of needs for cooperation that will allow us to enhance the achievement of ASEAN and East Asia, and ASEAN and India as a dynamic, resilient and cohesive partnership. 4. Among the key areas of Cooperation are: Building pervasive and secure ASEAN Information Infrastructure, promoting e-Society and Capacity Building, e-Commerce and ICT Trade Facilitation with the ultimate aim to bridge the digital divide in ASEAN. Collaborative projects proposed by ASEAN includes, Development and Adoption of Radio Frequency Identication (RFID), ASEANNet for Persons with Disability and e-learning initiatives. To enhance the cooperation, we will work towards strengthening our existing dialogue mechanisms. 5. We pledged to strengthen our bonds and partnership with China, Japan, Korea and India and bring these in line with our strategy of reinforcing ASEANs competitiveness through mutually-benecial telecommunications and information technology cooperation. In this context, we are happy to note Japans initiative to convene the East Asia ICT Summit in July 2004 which among others, discussed ASEAN Cooperation with China, Japan and Korea. 6. Finally, we committed ourselves to sustaining the ASEAN TELMIN plus China, Japan and Korea and ASEAN TELMIN-India process so as to achieve greater synergy through broader and deeper cooperation in telecommunications and information technology.

INVESTMENTS

Joint Media Statement of the 7th ASEAN Investment Area (AIA) Council Meeting
Jakarta, Indonesia, 2 September 2004
Signicant FDI Rebound in ASEAN 1. The Seventh AIA Council met on 2 September 2004 in Jakarta, Indonesia. Reviewing the developments in investments over the past year, the Council was pleased to note the signicant rebound in ASEAN FDI for the year ending 2003, making the region one of the largest FDI destinations. The Council was encouraged by the 48% year-on-year increase in FDI ows1 to US$20.3 billion, underscoring the regions resilience despite the many challenges encountered in 2003 (refer to Figure 1). Figure 1. FDI ows to ASEAN 1996-2003
US$ millions ASEAN: US millions

Figure 2. ASEAN and Global FDI Trend


World: US millions

30000 25000 20000 15000 10000 5000 0 | 1999 | 2000 | 2001 | 2002 | 2003

1600 1400

ASEAN

1200 1000 800 600

World

400 200 0

40000

34,099
30000

Source: ASEAN Secretariat: Statistics of FDI in ASEAN, 6th Edition, 2004, EIU, World Investment Prospects, 2004

20000

20,304

10000

3. The Council also noted that FDI for the year ending 2004 is likely to further improve, given that preliminary data for the 1st Quarter of 2004 yielded FDI ows of US$7.3 billion, which is a 188% increase over FDI ows in the same period in 2003. 4. The top 10 investors contributed 78 % of total ASEAN FDI in 2003. United Kingdom, Netherlands, United States, intra-ASEAN and Japan, in that order, dominated ows to the region. 5. The improved global demand for ICT products, the successful privatisation of assets and an increase in oil investment in some ASEAN Member Countries contributed to the overall improved regional situation. Improving corporate protability of rms listed in U.S. Fortune 500 that are operating in ASEAN allowed rms to reinvest earnings, which have been consistently high and increasing in the region (37%2 of total FDI ows to ASEAN between 19952002), to reduce their nancial exposure, resulting in marked increases in the marginal rate of return of many MNCs.

Asian Financial Crisis


0| | | | | | | | | |

1995

1996

1997

1998

1999

2000

2001

2002

2003

Source: ASEAN Secretariat: Statistics of FDI in ASEAN, 6th Edition, 2004, Apportionment basis

2. FDI flows were mainly into financial intermediation (27%), manufacturing (23%), mining and quarrying (20%) and trade/commerce (11%). Furthermore, the Council noted that the increase was achieved despite global FDI flows decreasing consecutively for the past three years, e.g., declining 12% in 2003 to US$575 billion (refer to Figure 2).

All FDI data refers to BOP basis unless otherwise stated

Reinvested earnings as a percentage of FDI composition in 1995-2002 averaged about 15% for the world, 12% in Eastern Europe and Central Asia, 11% in Latin America and the Caribbean, Source: World Investment Report, UNCTAD, 2003.

196
ASEAN Documents Series 2004 ASEAN Documents Series 2004

197

6. The Council also recognised the importance of intra-ASEAN FDI, which have been consistently over US$2billion annually for the last three years. This comprised both Greeneld investments and intra-regional crossborder Mergers & Acquisitions. Rise in Approved Manufacturing FDI 7. In tandem with the overall improvement in ASEAN FDI, approved manufacturing FDI in 2003 increased to US$18 billion, representing a 29% year-on-year growth from the amount of US$14 billion recorded in 2002 (refer to Figure 3). The increase reinforces the region as a growing and important manufacturing base. The top ve FDI sectors in manufacturing were rened petroleum products, electrical and electronics, basic metals, transport equipment and wood products. Figure 3. Approved Manufacturing FDI in ASEAN
US$ millions

Progress in the Implementation of the AIA and beyond 8. The Council noted the continued progress and efforts made in advancing the AIA process. During the past year, efforts were undertaken to promote awareness of the development in ASEANs supporting industries and enhance the understanding of trans-national corporations strategies. Some Member Countries have unilaterally reviewed their Temporary Exclusion Lists and Sensitive Lists in the AIA and submitted revised lists. In addition, to provide up-todate information on ASEANs investment situation, the 2003 FDI data set was released and the data set for 1st half 2004 will be released by year-end. 9. The Council welcomed the initiative of the ASEAN Business Advisory Council (ABAC) in successfully concluding the First ASEAN Business and Investment Summit in October 2003, in Bali, Indonesia, in cooperation with the Coordinating Committee on Investments (CCI). The Council acknowledged the role of ABAC in contributing towards the regions efforts in deepening economic integration. 10. The Council welcomed the successful convening of the First CCI-Japan Investment Consultation in May 2004. The Council noted the importance of holding such consultations and reafrmed its commitment to supporting future consultations with Japan and other ASEAN dialogue partners.

SCIENCE AND TECHNOLOGY

Ministerial Declaration on the Establishment and Operation of the ASEAN Virtual Institute of Science and Technology (AVIST)
Tagaytay, Philippines, 26 November 2004
WE, ASEAN Ministers responsible for Science and Technology, considering the important role of science and technology for economic development in the region and supporting the overall regional goals of enhancing economic integration and building competitiveness, seek to contribute to the realization of these goals by strengthening the research and development (R&D) infrastructure and human resource base in science, technology and engineering in the ASEAN Member Countries; CONSIDERING the call made by ASEAN Vision 2020 for a technologically competitive ASEAN competent in strategic and enabling technologies, with an adequate pool of technologically qualied and trained manpower, and strong networks of scientic and technological institutions; RECALLING the support at the highest levels of leadership in ASEAN, in particular at the 3rd Informal Summit in Manila on 27-28 November 1999, for the idea of an ASEAN virtual institute of science and technology; RECALLING further the advocacy of the Hanoi Plan of Action for the implementation of a science and technology human resource development programme to address the needs of business and industry; ASSERTING that a key to technological competitiveness in a globalised knowledge economy is the strong capability for research, development and innovation, of which a pool of highly technically skilled human resources is an important component; RECOGNISING the rapid advances of information and communications technologies and their applications in education that allow for virtual modes of teaching and learning to complement and enrich the traditional modes; ACKNOWLEDGING the shared goals and partnerships formed with relevant institutions within and from outside of ASEAN to promote science and technology human resource development; DESIRING to conclude an agreement with a view to ensuring the establishment and operation of appropriate science and technology infrastructure and mechanisms to support human resource development; 4. HEREBY DECLARE TO: 1. ACT collectively to further strengthen the science and technology human resource development programme in the ASEAN region through the establishment of an ASEAN Virtual Institute of Science and Technology (AVIST), which aims to contribute to the development of science and technology human resources in ASEAN Member Countries through continuing professional education opportunities to various science and technology sectors by leveraging on the innovative use of information and communication technologies. DIRECT the ASEAN Committee on Science and Technology (COST) to initiate linkages and form partnerships among R&D institutions, academic institutions, professional organizations, private sector and industries and other similar learned societies and forge mutually agreeable and benecial managerial, technical and nancial arrangements to facilitate the establishment and sustain the operations of AVIST. URGE our colleagues in the education agencies to support the AVIST by encouraging the academic institutions under their purview to make available their faculty expertise, technical facilities and administrative mechanisms for the implementation of AVIST programmes, such that they may benet from the synergy of pooled resources within AVIST. REQUEST Thailand to draw upon its extensive national experience in the design, development and implementation of virtual teaching and learning systems and take a major role in leading the AVIST through its start-up phase. DEVELOP AVIST into a sustainable and effective platform for creating an environment for life-long learning and innovation in the ASEAN region.

17,906 13,961

18,347

2.

2001

2002

2003

Source: ASEAN Secretariat: Statistics of FDI in ASEAN, 6th Edition, 2004, Apportionment basis

ATTENDANCE: The Seventh AIA Council Meeting was chaired by H.E. Rini M. Sumarno Soewandi, Minister of Industry and Trade, Indonesia and attended by: Mr. Lim Jock Hoi, Director-General, Representing Minister, Ministry of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Kong Vibol, First Secretary of State of Economy and Finance, Cambodia; H.E. Dr. Liane Thikeo, Deputy Minister Committee for Planning and Investment, Lao PDR; H.E. Dato Ahmad Husni Mohamad Hanadzlah, Deputy Minister, Ministry of International Trade and Industry, Malaysia; H.E. U Tin Winn, Minister for Economic Cooperation, Myanmar; H.E. Mr. Elmer C. Hernandez, Undersecretary of Trade and Industry, Philippines ; H.E. Mr. Lim Hng Kiang , Minister for Trade and Industry, Singapore; Mr. Satit Sirirangkamanont, Deputy Secretary-General Ofce of the Board of Investment, Thailand ; H.E. Mr. Phan Huu Thang, Ministerial Level, Head of Foreign Investment Agency, Ministry of Planning and Investment, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

3.

5.

Done in Tagaytay, the Republic of the Philippines, this 26th day of November Two Thousand and Four, on the occasion of the 3rd Informal ASEAN Ministerial Meeting on Science and Technology.

198
ASEAN Documents Series 2004 ASEAN Documents Series 2004

199

For the Government of Brunei Darussalam

For the Government of the Union of Myanmar

Chairmans Press Statement of the 3 Informal ASEAN Ministerial Meeting on Science & Technology (IAMMST)
rd

Hon. Pehin Orang Kaya Setia Pahlawan Dato Seri Setia Dr. Awang Haji Ahmad Bin Haji Jumat Minister of Development For the Government of the Kingdom of Cambodia

H.E. Dr. Chan Nyein Deputy Minister, Ministry of Science and Technology

Tagaytay City, Philippines, 26 November 2004


1. Ministers responsible for science and technology and other high level ofcials from the ten Member Countries of the Association of Southeast Asian Nations (ASEAN) and the representatives of the ASEAN Secretariat met during the 3rd Informal ASEAN Ministerial Meeting on Science and Technology (IAMMST) on 26 November 2004 in Tagaytay City, Philippines. The Ministers exchanged views on several important issues which will help promote the development and application of S&T in ASEAN and thereby spur sustainable socioeconomic growth for Member Countries and the region, in general. The highlight of the Ministerial Meeting was the signing of the Ministerial Declaration on the Establishment and Operation of the ASEAN Virtual Institute of Science and Technology (AVIST), which is envisioned to contribute to the development of science and technology human resources in ASEAN countries through the provision of continuing professional education in S&T by leveraging on the innovative use of information and communications technologies. Since the implementation of AVIST is still at a pilot stage, details of the implementation, sustainability, management, promotion complementation with existing initiatives, and private sector participation have to be further dened. A business plan for AVIST will be developed to dene its market, revenue generation strategies, and other relevant operational requirements. Thailand offered to prepare the business plan for presentation at the next meeting of the Ministers in August 2005 in Indonesia. The Ministers approved to allocate US$15,000 from the ASEAN Science Fund (ASF) to assist the AVIST Management Team in implementing the pilot stage and establish linkage and secure funding from the various sources such as private sector and ASEAN dialogue partners. 5. Noting the low income generated from time deposit of the ASF, the Ministers tasked the ASEAN Secretariat to find alternative investment instruments that will yield higher income for the ASF to ensure that it would support more regional S&T activities in the future. Considering the important role of the private sector in the implementing research and development projects and activities, the Ministers tasked the ASEAN Committee on Science and Technology (COST) to work on specic mechanisms and innovative ways to enhance private sector participation in S&T activities of ASEAN and report their recommendations to the Ministers. The Ministers also discussed the preparations for the 7th ASEAN S&T Week (ASTW) to be held in Jakarta, Indonesia, on 10-14 August 2005. With a theme of Innovative ASEAN: Creating ASEAN Competitiveness through Innovation, Science and Technology , the 7th ASTW will feature a series of technical conferences and also exhibition of innovations. A website for the event has been launched at http://www.7astw.org. As the host of the 7th ASTW, Indonesia invited Member Countries to disseminate and promote the event and encourage scientic communities and private sectors in their respective countries to participate in the 7th ASTW. The ASEAN Ministers for S&T will hold their formal Meeting on 10-11 August 2005 in Jakarta, while the 4th IAMMST will be hosted by Malaysia in the second half of 2006.

For the Government of the Republic of the Philippines

H.E. Mr. Khlaut Randy Secretary of State Ministry of Industry, Mines and Energy

H.E. Dr. Estrella F. Alabastro Secretary of Science and Technology

6.

For the Government of the Republic of Indonesia

For the Government of the Republic of Singapore

2.

H.E. Mr. Kusmayanto Kadiman Minister of State for Research and Technology

H.E. Lim Kheng Hua Ambassador of the Republic of Singapore to the Republic of the Philippines For the Government of the Kingdom of Thailand

7.

For the Government of the Lao Peoples Democratic Republic

3.

8.

H.E. Mr. Khamphanh Thamphithak Director-General, Science and Technology and Environment Agency For the Government of Malaysia

H.E. Mr. Korn Thapparansi Minister of Science and Technology

For the Government of the Socialist Republic of Viet Nam

4.

9.

H.E. Dato Sri Dr. Jamaluddin Mohd. Jarjis Minister of Science, Technology and Innovation

H.E. Dr. Tran Quoc Thang Vice-Minister, Ministry of Science and Technology

200
ASEAN Documents Series 2004 ASEAN Documents Series 2004

201

SERVICES

For the Government of Brunei Darussalam

For the Government of the Union of Myanmar

Protocol to Implement the Fourth Package of Commitments under the ASEAN Framework Agreement on Services
Jakarta, Indonesia, 3 September 2004

ABDUL RAHMAN TAIB Minister of Industry and Primary Resources

SOE THA Minister of National Planning and Economic Development

For the Government of the Kingdom of Cambodia The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of South East Asian Nations (hereinafter referred to as ASEAN); NOTING the ASEAN Framework Agreement on Services signed on 15 December 1995 in Bangkok, Thailand, which seeks to enhance cooperation in services amongst Member States, eliminate substantially restrictions to trade in services amongst Member States and liberalise trade in services by expanding the depth and scope of liberalisation beyond those undertaken by Member States under the General Agreement on Trade in Services (hereinafter referred to as GATS) of the World Trade Organisation (hereinafter referred to as WTO); HAVING carried out two rounds of negotiations and concluded three sets of commitments embodied in the Protocol to Implement the Initial Package of Commitments under the ASEAN Framework Agreement on Services signed on 15 December 1997 in Kuala Lumpur, Malaysia, the Protocol to Implement the Second Package of Commitments under the ASEAN Framework Agreement on Services signed on 16 December 1998 in Ha Noi, Viet Nam, and the Protocol to Implement the Third Package of Commitments under the ASEAN Framework Agreement on Services signed on 31 December 2001; RECALLING that the Thirty-Third ASEAN Economic Ministers Meeting launched the third round of negotiations, beginning 2002 and ending 2004, to cover all services sectors and all modes of supply; HAVING carried out subsequent negotiations pursuant to Article IV of the ASEAN Framework Agreement on Services and nalised the fourth package of commitments; DESIRING to set out in a schedule, the specic commitments that each Member State shall undertake, for which Member States shall accord preferential treatment to one another on a Most-Favoured Nations basis; HAVE AGREED AS FOLLOWS: 1. Member States who are WTO Members shall continue to extend their specic commitments under GATS to ASEAN Member States who are non-WTO Members. 2. Member States shall extend to all other Member States preferential treatment in trade in services as set forth in the Schedules of Specic Commitments annexed to this Protocol. 3. The Annexes to this Protocol shall consist of the Horizontal Commitments, Schedules of Specic Commitments and the Lists of Most-Favoured Nation Exemptions. 4. This Protocol and its Annexes shall form an integral part of the ASEAN Framework Agreement on Services. 5. This Protocol shall enter into force upon the deposit of instruments of ratication or acceptance by all signatory governments with the Secretary-General of ASEAN, which shall be done not later than 31 March 2005. 6. This Protocol shall be deposited with the SecretaryGeneral of ASEAN who shall promptly furnish a certied copy thereof to each Member State. The Secretary-General of ASEAN shall also promptly furnish notications of ratications or acceptances made pursuant to paragraph 5 to each Member State.

For the Government of the Republic of the Philippines

CHAM PRASIDH Senior Minister and Minister of Commerce

CESAR V. PURISIMA Secretary of Trade and Industry

For the Government of the Republic of Indonesia

For the Government of the Republic of Singapore

RINI M. SUMARNO SOEWANDI Minister of Industry and Trade

LIM HNG KIANG Minister for Trade and Industry

For the Government of the Lao Peoples Democratic Republic

For the Government of the Kingdom of Thailand

SOULIVONG DARAVONG Minister of Commerce

WATANA MUANGSOOK Minister of Commerce

For the Government of Malaysia IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the Protocol to Implement the Fourth Package of Commitments under the ASEAN Framework Agreement on Services. DONE at Jakarta, Indonesia, on the Third day of September in the year Two Thousand and Four, in a single copy in the English language.

For the Government of the Socialist Republic of Viet Nam

RAFIDAH AZIZ Minister of International Trade and Industry

TRUONG DINH TUYEN Minister of Trade

202
ASEAN Documents Series 2004 ASEAN Documents Series 2004

203

ATTACHMENT I COVERAGE OF THE ICT AND TELECOMMUNICATION SERVICES SECTOR

STATISTICS

No.

Description

Central Product Classication Codes 841 842 843 844 845+849

Computer and Related Services a. Consultancy services related to the installation of computer hardware b. Software implementation services c. d. e. Data processing services Data base services Other

Joint Press Statement of the 5th ASEAN Heads of Statistical Offices Meeting (AHSOM 5)
Luangphabang, Laos, 12-13 January 2004
Introduction 1. We, the ASEAN Heads of Statistical Ofces, convened our fth meeting in Luangphabang, Lao PDR, to exchange views on recent developments in ofcial statistics, review progress of our regional cooperation in promoting harmonization, development of statistics, as well as capacity building, and to formulate an action plan on statistics to be incorporated in the coming Vientiane Action Plan (VAP), which is the overall action plan of ASEAN. Dr. Samaychanh Boupha, Director General of National Statistical Centre of Lao PDR and Mr. Bounthavy Sisouphanthong, former Director General of National Statistical Centre and Permanent Secretary to the Committee for Planning and Cooperation of Lao PDR presided over our meeting. mechanism to address issues related to statistics on poverty and international trade in services. Statistical Capacity Building 5. We discussed and nalized the list of training needs for the ASEAN region to be used as a reference in addressing statistical capacity building needs. We also identied the modalities available in the region and in the international organizations and agreed to fully implement these modalities to enhance regional cooperation in capacity building and human resource development.

Telecommunication services a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. Note - Listing is based on WTO Services Sectoral Classication List (MTN.GNS/W/120, 10 July 1991) - The (**) indicates that the service specied constitutes only a part of the total range of activities covered by the CPC concordance (e.g. voice mail is only a component of CPC item 7523). Voice telephone services Packet-switched data transmission services Circuit-switched data transmission services Telex services Telegraph services Facsimile services Private leased circuit services Electronic mail Voice mail On-line information and data base retrieval electronic data interchange (EDI) enhanced/value-added facsimile services, incl.store and forward, store and retrieve code and protocol conversion on-line information and/or data processing (incl. transaction processing) other 7521 7523** 7523** 7523** 7522 7521 **+7529** 7522**+7523** 7523** 7523** 7523** 7523** 7523** n. a. 843**

2.

Adoption of International Good Practices 6. We agreed on concrete measures to enhance self assessment of the implementation of good practices and the fundamental principles of ofcial statistics.

Progress of ASEAN Cooperation in Statistics ASEAN Statistical Indicators 3. We agreed on the strategy and an overall work plan for compiling indicators in support of ASEAN initiatives and to implement it starting in 2004. Acknowledging the importance of having development benchmarks to measure implementation of the ASEAN action plan, we agreed to carry out the necessary formal consultation process as soon as possible to facilitate their compilation by 2005.

Vientiane Action Plan (VAP) 7. We agreed to draft an action plan based on the current Framework of Cooperation in Statistics. We further discussed detailed milestones on the development and cooperation on ofcial statistics. The draft will be completed in time for the 10th ASEAN Summit to be held in 2004.

The Hosting of the ASEAN Heads of Statistical Ofces Meeting (AHSOM ) 8. We thanked the Administrator of the National Statistics Ofce of the Philippines for the proposal to host the sixth meeting in early 2005. We thanked the Government of Lao PDR, especially the National Statistical Centre, for the excellent arrangements made for the meeting and for the warm hospitality accorded to us during AHSOM 5.

Harmonization of Statistics 4. We have strengthened the foundation for further promoting the quality, reliability, and comparability of statistics through the establishment and activities of task force on harmonization of statistical classications (TFSC). We further agreed to establish the necessary

9.

204
ASEAN Documents Series 2004 ASEAN Documents Series 2004

205

TOURISM

2. SOFT-LAUNCH the Third-Phase of Visit ASEAN Campaign (VAC) to further promote intra-ASEAN travel. 3. INSTRUCT ASEAN NTOs, in cooperation with the ASEAN Secretariat and the private sector, to implement this Declaration. Done in Vientiane, Lao PDR, on the Third Day of February in the Year Two Thousand and Four.

Vientiane Declaration on Enhancing ASEAN Tourism Cooperation By the ASEAN Tourism Ministers
Vientiane, Laos, 3 February 2004
We, the Tourism Ministers of the Association of South East Asian Nations (ASEAN), attending the Seventh Meeting of the ASEAN Tourism Ministers in Vientiane, Lao PDR on 3 February 2004; RECALLING the Declaration of ASEAN Concord II signed by the ASEAN Leaders at the Ninth ASEAN Summit on 7 October 2003 in Bali, Indonesia to establish an ASEAN Community for a closer and mutually benecial integration among ASEAN Member Countries and among their peoples; RECALLING also the decision of the ASEAN Leaders during the Ninth ASEAN Summit that Tourism is a priority sector for integration of ASEAN; MINDFUL of the objectives of the ASEAN Framework Agreement on Services (AFAS) signed on 15 December 1995 in Bangkok, Thailand and the Protocol to amend the AFAS signed on 2 September 2003 in Phnom Penh, Cambodia for services liberalization in ASEAN; REAFFIRMING our commitment to implement the ASEAN Tourism Agreement signed by the ASEAN Leaders at the Eighth ASEAN Summit on 4 November 2002 in Phnom Penh, Cambodia; REITERATING the importance of tourism as a signicant industry in the promotion of economic benets and social unity, which among others, provides employment opportunities thereby alleviating poverty, improving the quality of lives among nationals of the ASEAN Member Countries and promoting friendship, networking and widening of the perspectives among nations; RECOGNIZING that terrorism and the outbreaks of communicable diseases are direct challenges to tourism, and that tourism growth remains upbeat. DO HEREBY DECLARE TO: 1. UNDERTAKE specic measures to expedite the implementation of the ASEAN Tourism Agreement, particularly the visa exemption initiative to increase tourist travel in ASEAN in accordance with the Leaders decision at the Bali Summit in October 2003; 2. ADVANCE integration of tourism in accordance with the ASEAN Concord II by 2010 through development of ASEAN Tourism Vision and a roadmap to achieve the target of integration; 3. ASSIST new members towards the integrated ASEAN tourism through provision of technical assistance, among others, in the areas of capacity building, human resources development, promotion of investment and protection of environment and cultural heritage. 4. WORK closely with relevant ASEAN bodies and agencies in our Member Countries to ensure coherence of policies and initiatives related to tourism development in ASEAN and to adopt appropriate measures to prevent all threats to tourism; 5. STRENGTHEN our partnership with the private sector such as travel agencies, airlines, hotels and tourism related establishments as well as media, other countries and international organizations in advancing the tourism development in ASEAN; 6. WORK closely with the ASEAN Secretariat, the ASEAN NTOs and the private tourism associations and groups such as ASEAN Tourism Association (ASEANTA), Federation of ASEAN Travel Association (FATA) and ASEAN Hotel & Restaurant Association (AHRA) to ensure that that all the above decisions are implemented with efciency and urgency; 7. REQUEST the ASEAN Secretariat to be the main coordinator for the implementation of Tourism Cooperation Programmes and Initiatives and to strengthen cooperation with the private sector for activities where the private sector could play a leading role. IN PURSUANCE THEREOF, WE HEREBY AGREE TO: 1. ADOPT the Implementation Plan for the ASEAN Tourism Agreement.

206
ASEAN Documents Series 2004 ASEAN Documents Series 2004

207

of the 7th

Media Statement Meeting of ASEAN Tourism Ministers (7th M-ATM)


Vientiane, Laos, 3 February 2004

Framework Agreement on Services (AFAS) to further advance the service negotiations. They urged tourism ofcials to accelerate the negotiations for conclusion of the third package of commitment by August 2004. Strengthened Cooperation with Other Countries The Ministers were pleased with the efforts by ASEAN with China, Japan and Korea in cooperation with relevant international organizations to limit the impact of terrorism and outbreak of SARS. They emphasized the need to further promote closer ties with China, Japan and Korea for greater tourism exchange, social interaction and closer economic cohesion in East Asia. The Ministers welcomed the outcome of the First ASEAN NTOs-India Consultation held in Bagan, Myanmar on 31 October 2003 to enhance the cooperation in tourism that both parties can benet signicantly. The Ministers welcomed the decision of ASEAN and EU to embark on the Trans-regional EU-ASEAN Trade Initiative (TREATI) in order to expand the trade and investment flows between the two regions. They were pleased to note that tourism is one of priority sectors for the TREATI and agreed to give their full support for its early implementation.

ASEAN Tourism Forum 2005 and 2006 The Ministers agreed that ATF 2005 and ATF 2006 will be held in Malaysia and Myanmar respectively. They further agreed to convene the Eighth and Ninth Meetings of the ASEAN Tourism Ministers in Malaysia and Myanmar respectively in conjunction with ATF 2005 and ATF 2006. Managing Avian Flu The Ministers appreciate the progress made by affected countries in controlling the spread of the disease. It has been the ASEAN policy of putting rst and foremost the safety of travellers to ASEAN. Moving forward, the ASEAN Member Countries remain committed to more stringent surveillance and effective response systems, improved research and development capabilities, and sharing of information and technology, as well as promote rapid, transparent, and accurate exchange of scientic information among Member Countries. The ASEAN Tourism Ministers noted the joint statement of the Agriculture and Health Ministers from their meeting on 28 January 2004 in Bangkok on containing the spread of Avian inuenza, that human-to-human transmission has not been scientically demonstrated and travel advisories are not called for at this time.

The ASEAN Tourism Ministers held their Seventh Meeting (M-ATM) on 3 February 2004 in Vientiane, Lao PDR in conjunction with the ASEAN Tourism Forum 2004 (ATF 2004). H.E. Somphong Mongkhonvilay, Minister to the Prime Ministers Ofce, Lao PDR chaired the Meeting. ASEAN Performance and Challenges The ASEAN 2003 tourism performance showed strong recovery gures especially in the last four months of that year. Despite the global travel situation affected by a number of crises, ASEAN tourism managed to recover with a commendable arrival gure of 37,510,043 by the end of 2003, reecting a decrease of only 14%, compared to a downturn of almost 53% in May, when the prevalence of SARS and the war in Iraq was at its height. Overall, in spite of the challenges to tourism, the ASEAN region has shown its resilience, as all member states remain committed to maximize efforts to further cooperate to achieve greater growth. ASEAN Tourism Forum 2004 The Ministers were pleased that ASEAN Tourism Forum (ATF) continues to be a landmark annual tourism event and that ATF 2004 held in Vientiane, Lao PDR from 30 January to 7 February 2004 with the theme: ASEAN, the New Tourism Landscape has brought more than 260 foreign tourism companies as buyers to Vientiane to explore business opportunities in tourism with about 1000 sellers in ASEAN. They welcomed the efforts by the tourism industry in organizing 467 tourism booths and the participation of 210 media agencies in providing timely coverage of ATF 2004 to peoples of ASEAN and our friends all over the world. Advancing the Implementation of the ASEAN Tourism Agreement The Ministers welcomed the decision of the ASEAN Leaders to establish the ASEAN Community by 2020 to further ensure sustained peace, stability and shared prosperity in the region. They were pleased that ASEAN Leaders continue to identify tourism development as a key factor in promoting regional peace and economic stability, with a high priority for integration of ASEAN. They agreed to work towards

advancing the integration of tourism through developing ASEAN Tourism Vision and a roadmap for integration with concrete actions for 2004-2010. The Ministers reviewed the implementation status of the ASEAN Tourism Agreement signed by ASEAN Leaders in Phnom Penh, Cambodia on 4 November 2002 and noted with satisfaction the progress made by ASEAN NTOs in cooperation with other ASEAN bodies. The Ministers welcomed the decision of the ASEAN Directors-General of Immigration Departments and Heads of Consular Affairs Divisions of the Ministries of Foreign Affairs (DGICM) to embark on the Framework Agreement on Visa Exemption and expressed their full support for its early implementation. The Ministers adopted the Implementation Plan for the ASEAN Tourism Agreement. Vientiane Declaration on Enhancing ASEAN Tourism Cooperation The Ministers issued the Vientiane Declaration on Enhancing ASEAN Tourism Cooperation, which spelt out the specic actions to implement the Ministers decisions. The Vientiane Declaration is attached. Visit ASEAN Campaign Further Promoted The Ministers were pleased with the progress made in the implementation of the Visit ASEAN Campaign (VAC) and soft-launched the VAC third phase to further promote intra-ASEAN travel. The Ministers welcomed the efforts by tourism industry through the ASEAN Tourism Association (ASEANTA) in promoting the VAC, in particular the introduction of various attractive packages such as ASEAN Hip Hop Pass - a value package offered by participating airlines, hotels and travel agents for tourists travelling within the ASEAN. They expressed their appreciation to ASEAN national carriers for their commitment to screen the VAC TV Advertisement in their in-ight entertainment programme. Tourism Services Liberalization Accelerated The Ministers welcomed the signing by the ASEAN Economic Ministers of the Protocol to amend the ASEAN

LIST OF MINISTERS The Meeting was attended by: H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Veng Sereyvuth, Senior Minister and Minister of Tourism, Cambodia; H.E. Mr. I Gede Ardika, Minister of Culture and Tourism, Indonesia; H.E. Mr. Somphong Mongkhonvilay, Minister to the Prime Ministers Ofce, Lao PDR; H.E. Dato Paduka Abdul Kadir bin Haji Sheikh Fadzir, Minister of Culture, Arts and Tour2ism, Malaysia; H.E. Brigadier General Thein Zaw, Minister for Ministry of Hotels and Tourism, Myanmar; H.E. Mr. Oscar P. Palabyab, Undersecretary of Tourism, Philippines; H.E. Dr. Vivian Balakrishnan, Minister of State for Trade and Industry, Singapore; H.E. Mr. Sontaya Kunplome, Minister of Tourism and Sports, Thailand; H.E. Dr. Pham Tu, Vice-Chairman of Vietnam National Administration of Tourism, Vietnam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN.

208
ASEAN Documents Series 2004 ASEAN Documents Series 2004

209

of the 3rd

Joint Media Statement Meeting of ASEAN, China, Japan and Korea Tourism Ministers (3rd M-ATM+3)
Vientiane, Laos, 3 February 2004

TRANSPORT

Phnom Penh Ministerial Declaration on ASEAN Road Safety


Phnom Penh, Cambodia, 23 November 2004.
We, the ASEAN Transport Ministers, gathered in Phnom Penh, Cambodia on 23rd November 2004 for the Tenth ASEAN Transport Ministers (ATM) Meeting; Expressing great concern that the road safety problem in the ASEAN region has reached alarming proportion, with over 75,000 deaths and 4.7 million injuries occurring annually, causing very serious physical, psychological and material harm to the victims and their families, as well as on the huge economic loss of over US$ 15 billion each year (2.2% of annual Gross Domestic Product) to the ASEAN region as a whole; Conscious that failure to take effective actions will result in a further 385,000 deaths, 24 million injuries and economic losses of over US$ 88 billion over the next ve (5) years; Welcoming the United Nations General Assembly Resolution 58/9 of 5 November 2003 on the global road safety crisis and the World Health Assembly Resolution 57.10 of 22 May 2004 on road safety and health; Mindful of our collective responsibility to provide safe travel environment to ASEAN road users; Emphasizing the importance of concerted multi-sectoral collaboration and partnerships between different ministries/ departments, the private and business sectors, communities and civil societies in the individual Member Countries and across the ASEAN region; Recognizing that effective actions to improve road safety and promote safe travel in ASEAN requires strong political commitment at both the national and regional levels; Building on the great strides resulting from the ADBASEAN Road Safety Project, particularly on the ve-year national road safety plans and the ASEAN regional road safety action plan; Determined to promote in our individual Member Countries, in addition to the regional action plan, comprehensive, coordinated and integrated road safety policies and programs, as well as to provide the necessary nancial resources and international support to enable effective and sustainable implementation to achieve the target reductions in deaths and injuries; 5. 3. HEREBY DECLARE AND COMMIT OURSELVES TO: 1. Assume key leadership role in pooling the information and resources available to increase knowledge of the causes, circumstances and consequences of road accidents in order to develop countermeasures and support the actions and initiatives developed within the ASEAN Road Safety Strategy and Action Plan 2005-2010; Promote the gradual harmonization and/or amendment of the key road safety regulations to eventually provide ASEAN citizens with a single and uniform framework of values and rules (e.g. drink drive limits, driving hours and rest times of professional drivers, etc.); Raise the safety standards on ASEAN roads, identify the most dangerous sections on the ASEAN road networks and implement systematic programs for accident prevention (e.g. safety audit on new or rehabilitated roads ) and for accident reduction ( e.g. hazardous location improvements), aimed at raising the safety levels for pedestrians and other vulnerable road users; Promote greater awareness and steady enforcement of trafc rules and regulations which have shown to have the greatest effect in terms of reducing the number and severity of road accidents, such as those pertaining to speed limits, driving under the inuence of alcohol or drugs, the wearing of safety helmets and safety seat belts; Implement measures to improve and strengthen protective measures for vulnerable users and users at risk, with special reference to motorcyclists, pedestrians and cyclists; Implement measures to improve the safety level of vehicles by dissemination of the results of the ongoing research on vehicle safety and by promoting new technologies for road safety such as speed limitation devices, seat belt reminders, etc. and ensuring that all vehicles, including motorcycles, have to pass periodic roadworthiness inspections;

The Third Meeting of the ASEAN, China, Japan and Korea Tourism Ministers (M-ATM+3) was held on 3 February 2004 in Vientiane, Lao PDR in conjunction with the Seventh Meeting of the ASEAN Tourism Ministers and the ASEAN Tourism Forum 2004 (ATF 2004). H.E. Somphong Mongkhonvilay, Minister to the Prime Ministers Ofce and Chairman of the Lao National Tourism Authority, chaired the Meeting. The Ministers expressed their support for the implementation of decisions of the ASEAN+3 Summit to further boost the tourism industry, encouraging expansion of tourism between ASEAN and China, Japan and Korea. The Ministers exchanged views on the global tourism situation and recent tourism developments in ASEAN and China, Japan and Korea. They expressed satisfaction with fruitful cooperation in 2003 in combating the outbreak of SARS and terrorism. They agreed to continue their efforts in preventing the SARS and other communicable diseases. The Ministers were pleased to note recent trends in the tourist arrivals between ASEAN with China, Japan, and Korea, which reached 20 per cent of international tourist arrivals in ASEAN in 2003. They underlined the importance LIST OF MINISTERS The Meeting was attended by:

of continuing regional tourism cooperation in the ASEAN +3 framework as a means to foster greater tourism exchange, social interaction and closer economic cohesion in East Asia. The Ministers reviewed the progress made and endorsed the recommendations of the ASEAN, China, Japan and Korea National Tourism Organisations (NTOs) to intensify cooperation, among others, in Joint Promotion and Marketing; Tourism Investment; and Manpower Development. The Ministers welcomed offer by China to host a workshop in May 2004 in Shanghai; effective cooperation programs through ASEAN-Japan Centre and a strong commitment of Korea to further enhance cooperation with ASEAN. The Ministers agreed to intensify the work for wellcoordinated and effective mechanisms of information exchange through ASEAN+3 Communication Team for Tourism to effectively deal with any possible contingencies such as political turmoil, terrorist activities, economic crisis, natural disasters and public health. They agreed to give their full support to strengthening the early warning system to deal with and prevent the spread of SARS and other communicable diseases.

2.

H.E. Pehin Dato Abdul Rahman Taib, Minister of Industry and Primary Resources, Brunei Darussalam; H.E. Mr. Veng Sereyvuth, Senior Minister and Minister of Tourism, Cambodia; H.E. Mr. I Gede Ardika, Minister of Culture and Tourism, Indonesia; H.E. Mr. Somphong Mongkhonvilay, Minister to the Prime Ministers Ofce, Chairman of Lao National Tourism Authority , Lao PDR; H.E. Dato Paduka Abdul Kadir bin Haji Sheikh Fadzir, Minister of Culture, Arts and Tourism, Malaysia; H.E. Brigadier General Thein Zaw, Minister for Ministry of Hotels and Tourism, Myanmar; H.E. Mr. Oscar P. Palabyab, Undersecretary of Tourism, Philippines; H.E. Dr. Vivian Balakrishnan, Minister of State for Trade and Industry, Singapore; H.E. Mr. Sontaya Kunplome, Minister of Tourism and Sports, Thailand; H.E. Dr. Pham Tu, Vice-Chairman of Vietnam National Administration of Tourism, Vietnam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN; H.E. Mr. Zhang Xiqin, Vice Chairman of the National Tourism Administration, China; H.E. Mr. Hayao Hora, Vice-Minister for International Affairs, Ministry of Land, Infrastructure and Transport, Japan; and H.E. Mr. Shin Hyun Taek, Deputy Minister of Culture and Tourism, Korea.

4.

6.

210
ASEAN Documents Series 2004 ASEAN Documents Series 2004

211

7.

Ensure that all road users, including vulnerable road users pedestrians, cyclists and motorcyclists, are provided with relevant information on safer use of roads, and in particular, motorcycle riders are required to undergo compulsory practical training on safe riding techniques and survival skills before they are allowed to use public roads ; Foster the development of a new culture of road safety among citizens especially the young, schoolage or child population; Encourage collaborative research and best practices for the prevention of road accidents and mitigation of their consequences;

2.

Establish in each ASEAN Member Country a multi-sector body to coordinate and manage the implementation of the National Road Safety Action Plan; Establish an ASEAN Multi-Sector Road Safety Working Group to coordinate and oversee the implementation of the ASEAN Road Safety Strategy and Action Plan 2005-2010; Institute a system for the effective monitoring of implementation of the national road safety plans and the ASEAN regional road safety action plan; Seek the international support and technical assistance from the Asian Development Bank, the ASEAN Dialogue Partners, the international donor community and other related international/regional organizations, global and regional road safety partnership organizations, private and business organizations, and civil society in the development and implementation of regional programs, projects and activities; and Direct our Senior Ofcials to implement this Declaration, establish an ASEAN Multi-Sector Road Safety Working Group and to report progress on the implementation of the national road safety action plans and the ASEAN road safety action plan, with the assistance of the ASEAN Secretariat. Progress reports of implementation shall be submitted at the annual ASEAN Transport Ministers Meeting (ATM), for further action.

3.

Protocol to Implement the Fourth Package of Commitments on Air Transport Services Under the Asean Framework Agreement on Services
Phnom Penh, Cambodia, 23 November 2004
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of South East Asian Nations (hereinafter referred to as ASEAN); NOTING the ASEAN Framework Agreement on Services signed on 15 December 1995 in Bangkok, Thailand, which seeks to enhance cooperation in services amongst Member States, eliminate substantially restrictions to trade in services amongst Member States and liberalise trade in services by expanding the depth and scope of liberalisation beyond those undertaken by Member States under the General Agreement on Trade in Services (hereinafter referred to as GATS) of the World Trade Organisation (hereinafter referred to as WTO); HAVING carried out two rounds of negotiations and concluded three sets of commitments embodied in the Protocol to Implement the Initial Package of Commitments under the ASEAN Framework Agreement on Services signed on 15 December 1997 in Kuala Lumpur, Malaysia, the Protocol to Implement the Second Package of Commitments under the ASEAN Framework Agreement on Services signed on 16 December 1998 in Ha Noi, Viet Nam, and the Protocol to Implement the Third Package of Commitments under the ASEAN Framework Agreement on Services signed on 31 December 2001; RECALLING that the Thirty-Third ASEAN Economic Ministers Meeting launched the third round of negotiations beginning 2002 and ending 2004, which covers all services sectors and all modes of supply; HAVING carried out subsequent negotiations pursuant to Article IV of the ASEAN Framework Agreement on Services and nalised the fourth package of commitments on air transport services; DESIRING to set out in a schedule, the specic commitments that each Member State shall undertake, for which Member States shall accord preferential treatment to one another on a Most-Favoured Nations basis; HAVE AGREED AS FOLLOWS: 1. Member States who are WTO Members shall continue to extend their specic commitments under GATS to ASEAN Member States who are non-WTO Members. 2. Member States shall extend to all other Member States preferential treatment in air transport services as set forth in the Schedules of Specic Commitments annexed to this Protocol. 3. The Annex to this Protocol is the Schedules of Specic Commitments. 4. This Protocol and its Annexes shall form an integral part of the ASEAN Framework Agreement on Services. 5. This Protocol shall enter into force upon the deposit of instruments of ratication or acceptance by all signatory governments with the Secretary-General of ASEAN, which shall be done not later than 31 March 2005. 6. This Protocol shall be deposited with the SecretaryGeneral of ASEAN who shall promptly furnish a certied copy thereof to each Member State. The Secretary-General of ASEAN shall also promptly furnish notications of ratications or acceptances made pursuant to paragraph 5 to each Member State. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the Protocol to Implement the Fourth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services. DONE at Phnom Penh, Cambodia, on the Twenty-third day of November in the year Two Thousand and Four, in a single copy in the English language.

8.

4.

9.

5.

10. Maintain and strengthen efforts to raise awareness of the magnitude and prevention of road accidents; 11. Encourage partnerships and cooperation between public administrations, private and business sectors, and community or citizen associations, collaborating on collective priorities and actions and bringing road safety awareness to the general publics attention; and 12. Establish an ASEAN Road Safety Network (ASNet) that will focus on knowledge sharing and dissemination of good practices and help develop a body of road safety practitioners that will continue to develop, promote and implement road safety plans and programs in the ASEAN region. IN PURSUANCE THEREOF, WE HEREBY AGREE TO: 1. Adopt the ASEAN Road Safety Strategy and Action Plan 2005-2010;

6.

Adopted in Phnom Penh, Cambodia on 23rd November 2004.

212
ASEAN Documents Series 2004 ASEAN Documents Series 2004

213

For the Government of Brunei Darussalam

For the Government of the Kingdom of Cambodia

Asean Transport Action Plan 2005-2010


Phnom Penh, Cambodia, 23 November 2004

PEHIN DATO HAJI ZAKARIA SULAIMAN Minister of Communications

MAO HAVANNALL Secretary of State, State Secretariat of Civil Aviation

Introduction 1. It is viewed that trade is not possible without transport. An efciently managed transport system is a prerequisite for the competitiveness of goods. By effectively enhancing the physical means of transport in the ASEAN region, intra-regional trade and investment will be likely facilitated greatly. 2. The key role of the transport network is to assist in the production, consumption and distribution - or the supply chain - of goods and services. The ability to trade is absolutely vital to the economy of ASEAN. This means that goods must be produced and delivered to the market (or customer) in the right quantity, required quality, at the right time and at a competitive price. High logistics cost is often the result of poor transport infrastructure, underdeveloped transport and logistics services and slow and costly bureaucratic procedures in freight transportation. Shipping logistics within ASEAN are relatively efcient shipping between ASEAN ports takes a similar amount of time per kilometer compared to better integrated markets, such as the European Union. However, the issue around logistics concerns the lack of quality road transport to ports, poor port infrastructure and sub-optimal shipping networks that add to overall transport costs. Sub-optimal shipping networks are another cause for concern. The transport issues raised above bind together to form an intractable problem: entry barriers and high operating costs discourage logistics companies from serving the region as a whole. The absence of regional logistics players in turn perpetuates fragmented transport systems. 3. Against this backdrop and in the context of the planned ASEAN Economic Community and the emerging free trade arrangements in Asia, ASEAN Member Countries shall strive to gear up ASEAN transports catalytic role as a critical logistics and services support sector in economic integration. 4. This Action Plan provides the basis for broadening and deepening cooperation and promoting collective actions and interactions in the ASEAN transport sector for 2005-2010. Lessons in ASEAN Transport Cooperation 1999-2003 5. The implementation of the Hanoi Plan of Actions Transport Action Agenda and the Successor Plan of Action 1999-2004 will come to a close by the end of 2004. For the period 1999-2003, ASEAN transport cooperation has

For the Government of the Republic of Indonesia

For the Government of the Lao Peoples Democratic Republic

M. HATTA RAJASA Minister of Communications

SOMMAD PHOLSENA Deputy Minister of Communication, Transport, Post and Construction For the Government of the Union of Myanmar

been focused on the development of the trans-ASEAN transportation network, nalization of the ASEAN transport facilitation agreements, policy and development projects and studies, capacity building programs, and mutual sharing of best practices and experiences. Cooperation has also been intensied with ASEAN private sector associations of airlines, forwarders, ports, shippers councils and shipowners, as well as with relevant international and regional organizations. To further enhance regional transport programs and to support the rising trend towards inter-regional free trade arrangements, cooperative partnerships have been forged with ASEAN dialogue partners like China, India and Japan. 6. ASEAN Member Countries concluded nine regional transport agreements since late 1998. These were for the mutual recognition of commercial vehicle inspection certicates, ASEAN highway network development, goods in transit facilitation and its ve implementing Protocols and for air freight services liberalization. Cooperation roadmaps are in place for Transport Infrastructure Integration, Transport Facilitation and Competitive Air Services. In the overall, there are now clear and well-dened regional transport infrastructure development and integration plans in place, which have been the basis for continued cooperation in actual physical connection activities. A number of regional policy framework plans and agreements have been concluded to guide the ASEAN transport cooperation and liberalization agenda. These plans/initiatives have been incorporated into the national development agenda of ASEAN Member Countries. Technical standards, rules and procedures have been/are being harmonized and standardized to facilitate cross-border movement of goods and people. Implementation of capacity building programs beneted hundreds of transport policy makers and technical personnel. The conduct of sectoral policy and development studies, as well as project feasibility studies has generated a wealth of valuable information vital for business/investment decision making and public policy planning purposes. By presenting themselves as a single and unied entity, ASEAN Members Countries have been able to attract a good amount of technical assistance from Dialogue Partners and international donor communities. This has also provided Member Countries with greater leverage at international and regional forum and meetings. ASEAN Economic Integration Goals 7. At the Ninth ASEAN Summit in Bali, Indonesia in October 2003, the ASEAN leaders signed the Declaration of ASEAN Concord II (Bali Concord II) to reafrm ASEAN as a concert of Southeast Asian nations, bonded together in

For the Government of Malaysia

DATO SRI CHAN KONG CHOY Minister of Transport

MAJ GEN THEIN SWE Minister of Transport

For the Government of the Republic of the Philippines

For the Government of the Republic of Singapore

ARTURO T. VALDEZ Undersecretary for Transportation

YEO CHEOW TONG Minister of Transport

For the Government of the Kingdom of Thailand

For the Government of the Socialist Republic of Viet Nam

NIKORN CHAMNONG Deputy Minister of Transport

NGUYEN TIEN SAM Vice Minister of Transport

214
ASEAN Documents Series 2004 ASEAN Documents Series 2004

215

partnership, in dynamic development and in a community of caring societies. The leaders agreed to establish an ASEAN Community which would rest on the three pillars of ASEAN Security Community , ASEAN Economic Community and ASEAN Socio-cultural Community , as embodied in the Bali Concord II. The leaders pledged to achieve this ASEAN Community by the year 2020. 8. The leaders emphasized that the ASEAN Economic Community (AEC) is the realization of the end-goal of economic integration under the ASEAN Vision 2020. 9. The ASEAN Economic Community is characterized by a single market and production base, with free ow of goods, services, investment and skilled labor, and freer ow of capital. The AEC will also turn the diversity into opportunities for business complementation making ASEAN a more dynamic and stronger segment of the global supply chain. The AEC would achieve deeper economic integration of the region and enhance ASEAN competitiveness, improve ASEANs investment environment and narrow the development gap amongst ASEAN members. 10. The leaders recognized that the realization of a fully integrated economic community requires implementation of both liberalization and cooperation measures. The leaders agreed on the need to enhance cooperation and integration activities in other areas. These will involve, among others, human resources development and capacity building; recognition of educational qualications; closer consultation on macroeconomic and nancial policies; trade nancing measures; enhanced infrastructure and communications connectivity; development of electronic transaction through e-ASEAN; integrating industries across the region to promote regional sourcing; and enhancing private sector involvement. 11. To achieve an integrated economic community, the leaders adopted a progressive approach as outlined in the Recommendations of the High-Level Task Force (HLTF) on ASEAN Economic Integration. The HTLF recommended among others i) setting clear targets and schedules for services liberalization for each sector and each round to achieve the free ow of trade in services with the end date earlier than 2020, ii) accelerate services liberalization earlier than the end date by countries which are ready, through the application of the ASEAN-X formula; iii) accelerate regional integration in the 11 priority sectors which ASEAN enjoys competitive advantage (Air Travel and Tourism are among the 11 priority sectors for integration); iv) accelerate liberalization in these priority sectors by 2010 and promote joint ventures and cooperation, including third country markets; and v) facilitating movement of business people and tourists. Transport Policy Agenda for 2005-2010 12. At the Ninth ASEAN Transport Ministers (ATM) Meeting in Yangon, Myanmar in October 2003, the Ministers

in their commitment to realize the ASEAN leaders goal of an ASEAN Economic Community reafrmed that an efcient and integrated transport system is key for ASEAN to integrate with the global economy, improve competitiveness and enhance the inow of foreign direct investment. They agreed to intensify regional activities to enhance multimodal transport linkages and interconnectivity, promote the seamless movement of peoples and goods, promote further liberalization in the air and maritime transport services, and further improve integration and efciency of transport services and the supporting logistics systems. The Ministers also agreed to work towards developing a regional action plan for staged and progressive implementation of Open Sky arrangement in ASEAN. 13. To cope with the increasing growth in regional trade and to improve access to international markets, ASEAN Member Countries will collectively work towards improving the quality of transport systems and logistics services and reducing transaction costs. ASEAN will, thus, intensify cooperation in the development of an integrated, harmonized, safe and secure regional transportation network and in improving transport interconnectivity and interoperability for an efcient, coordinated and secure intermodal/door-to-door cargo transportation. As ASEAN is at the maritime crossroads of East and West, improvements in efciency of ASEAN ports and shipping services, together with improvements in land transport access, offer greater scope for increasing trade competitiveness of the ASEAN region. ASEAN shall also enhance coordination of policies and programs for the development of infrastructure and services, application of transport facilitation measures in e.g. alleviating bottlenecks, improving border crossings and gaining access to markets, and harmonization of the technical aspects of design and safety rules, procedures and standards. 14. The policy directions for intensied cooperation in the ASEAN transport sector for 2005-2010 shall be as follows: a) Promoting efcient door-to-door cargo transport and cross-border transport facilitation, through the simplication/harmonization of trade and transport documentation and procedures, establishing uniform and transparent transit and cargo clearance systems and procedures, developing an efcient and global/regional-minded freight forwarding industry, third party logistics services, and haulage industry and utilizing ICT applications; b) Improving land transport network infrastructure for better connections and linkages with the national, regional and international maritime (seaports and inland waterways) and air gateways. The development of land transport trade corridors with an appropriate mix of modesroads, rail and inland waterways, with an established hierarchy

of modal interfaces such as inland terminals, container stations and cargo clearance facilities is desirable; c) Developing responsive regional maritime transport policies to address the growing containerization in the region, improvement of the efciency and productivity in ASEAN ports, rationalization of shipping services and the opportunities for increased multimodal transport services; d) Promoting open-sky arrangements by building upon the Roadmap for Integration of ASEAN (RIA) for ASEAN Competitive Air Services Policy, including exploiting the potentials of full air freight services liberalization, through plurilateral or multilateral basis, to support increased intra-ASEAN travel, trade and investment; e) Enhancing transport security and safety in the regional supply-chain networks, through capacity building initiatives, technical networking, and regular exchange of relevant technologies, best practices and information; f) Pursuing environmentally sustainable regional transport strategies, including accession to the relevant international conventions and protocols, promotion of environmental-friendly transportation technology and transportation modes, among others;

of Forwarders Associations (AFFA), ASEAN Ports Association (APA), Federation of ASEAN Shipowners Associations (FASA) and Federation of ASEAN Shippers Councils (FASC) by way of joint consultation, identication, formulation and implementation of ASEAN transport programs and activities. 15. The Policy Agenda will be carried out through 48 proposed actions. The specic ASEAN transport sectoral goals, thrusts and proposed actions are set out in detail in ANNEX A. Implementation Arrangements 16. The ASEAN Senior Transport Ofcials Meeting (STOM) shall have the overall responsibility in the supervision, coordination and implementation of the ASEAN Transport Action Plan 2005-2010, with the following specic responsibilities: a) Undertake all measures for its implementation, including determining priorities, carrying out periodic reviews, and the approval of the necessary cooperation programs, projects and activities; b) Serve as the principal coordinating body to address all issues relating to its implementation; c) Identify nancial support and assistance, as well as relevant technologies from within and outside ASEAN, to include but not limited to the private sector, the ASEAN Dialogue Partners and relevant international and regional organizations; and d) Report on the implementation progress to the ASEAN Transport Ministers (ATM) at their annual meetings. 17. Member Countries shall collectively determine the implementation priorities, develop work programs or plans for the sectoral cooperation areas, for consideration/approval by STOM/ASEAN Transport Ministers (ATM). Participation of the ASEAN private or business sector, ASEAN Dialogue Partners and the relevant regional/international organizations shall be encouraged in the development and implementation of the work programs/plans. 18. STOM would convene the Working Groups and its Sub-Working Groups or Experts Group, as deemed necessary, to determine the priorities and implementing arrangements, further elaborate the sectoral work programs, and prepare the necessary project proposals/ documents. The designation of country coordinators for specic programs/activities would be subject to mutual agreement by the Member Countries/STOM.

g) Creating enabling policy towards conducive environment for the increased private sector involvement and/or public-private partnerships in the provision and operation of transport infrastructure and transport and logistics facilities and services; h) Intensifying cooperative bonds with dialogue partners like China, India and Japan, by way of policy consultations and joint programs and activities, as well as initiating new cooperative programs with the European Union, Korea, among others; i) Intensifying cooperation with international and regional organizations such as International Civil Aviation Organization (ICAO), International Maritime Organization (IMO), United Nations Economic and Social Commission for Asia and the Pacic (UNESCAP), United Nations Conference on Trade and Development (UNCTAD) and the Asian Development Bank (ADB), among others, on mutually benecial programs and activities as well as initiating new cooperation programs; and Promoting greater involvement of the ASEAN Airlines Meeting (AAM), ASEAN Federation

j)

216
ASEAN Documents Series 2004 ASEAN Documents Series 2004

217

19. The ASEAN Secretariat shall assist STOM/STOM Working Groups in carrying out the above responsibilities, including technical support and assistance in the supervision, coordination and review of the cooperation programs, projects and activities. The ASEAN Secretariat shall prepare regular implementation progress reports, for submission to STOM and its Working Groups. 20. The ASEAN Transport Ministers (ATM) would provide the issues and concerns of common interest and

set policy and program directions for the successful and effective implementation of the ASEAN Transport Action Plan 2005-2010. 21. Technical assistance from ASEAN Dialogue Partners, ASEAN private sector, international and regional organizations and other related institutions are most welcome to ensure the successful implementation of the ASEAN Transport Action Plan 2005-2010.

ANNEX A: TRANSPORT SECTORAL ACTION PLAN 2005-2010

I. MARITIME TRANSPORT Goals


Creating a more efcient and competitive regional maritime transport sector Achieving globally-acceptable standards in maritime safety and security and protection of marine environment

Strategic Thrusts
Formulating and implementing a common regional shipping policy Improving maritime safety and security and protection of the marine environment by enhancing cooperation amongst ASEAN Member Countries to facilitate the acceptance and implementation of IMO conventions 1.

Proposed Actions
Identify and designate the important maritime trade corridors/ seaways for regional seaborne trade that are vital for the success of ASEAN Economic Community (AEC) Promote effective and competitive intra-ASEAN shipping in those trade corridors / seaways through (a) rationalization / synchronization of shipping services; b) expanded shipping services linking the 47 designated regional ports and secondary ports; and c) greater cooperation within ASEAN sub-regions, through improved sea linkages and in near-coastal shipping, including the implementation of the relevant recommendations of the ASEAN Maritime Transport Development Study Achieve signicant liberalization of intra-ASEAN maritime transport services Support and promote the development of ASEAN-based shipping eet for intra-ASEAN and international trade Further study on expanding the agreement on common ASEAN near coastal voyage limits Conduct studies on introduction of high-speed cargo and passenger vessels and intra-regional feeder services servicing the regional gateway and secondary ports Enhance the activities of the ASEAN Forum on IMO Conventions to facilitate the accession and implementation of relevant IMO conventions by ASEAN Member Countries Strengthen the institutional capacity, human resource base and cooperation linkages of ASEAN Member Countries for achieving improved maritime safety, security and preventing marine pollution (e.g., ISPS Code, STCW trainers training, etc) Pursue the ASEAN Clean Seas Strategy

2.

3. 4. 5. 6.

7.

8.

9.

10. Intensify maritime transport security through capacity building and IT-based programs 11. Pursue the Handling of Dangerous Goods in ASEAN Ports Project and other APA-initiated mutually benecial projects

12. Enhance regional capacity for maritime search and rescue (SAR) operations 13. Strengthen maritime transport human resource capacity 14. Regular exchange of information and best practices in maritime transport policy and development programs

218
ASEAN Documents Series 2004 ASEAN Documents Series 2004

219

II. LAND TRANSPORT Goals


Establishing efficient, integrated, safe and environmentally sustainable regional land transport (road and railway) corridors linking all members and neighboring trading partners

III. TRANSPORT FACILITATION Strategic Thrusts


Improving land transport infrastructure integration and intermodal interconnectivity, with principal airports, ports , and inland waterways, and ferry links Promoting concerted and coordinated efforts at policy and operation level to develop ASEAN land transport trade corridors 1.

Proposed Actions
Implement the SingaporeKunming Rail Link (SKRL) sections, as follows: Poipet-Sisophon Railway Link Project (Cambodia); Ho Chi Minh City Loc Ninh Railway Link Project (Viet Nam); and Spur Lines between Three Pagoda Pass and Thanbyuzayat (Myanmar) and Vientiane Mu Gia Tan Ap Vung Ang (Lao PDR/Viet Nam) Implement the priority road infrastructure projects for the ASEAN Highway including the MawlamyineThanbyuzayat section in Myanmar; AttapeuPhia Fai section in Lao PDR; and Quang NgaiKon Tum section in Viet Nam Implement the ASEAN Highways route numbering system Harmonize the ASEAN Highways road signage system, to include the requirements for tourism purposes and road safety Implement the ASEAN Regional Road Safety Strategy and Action Plan Adopt and implement the ASEAN Intelligent Transport System (ITS) Decision Support Framework Formulate regional plan to guide cross-border movement of tourist, chartered and scheduled bus transport services, including the harmonization/standardization of technical and safety requirements Enhance technical and human capacity for the development and planning of more effective, functioning and safer urban transport systems and facilities Early implementation of the relevant ASEAN land transport agreements and their protocols

Goals
Creating an integrated and efcient logistics and multi-modal transportation system, for cargo movement between logistics bases and trade centers within and beyond ASEAN

Strategic Thrusts
Operationalizing the ASEAN Framework Agreements on the Facilitation of Goods in Transit, Inter-State Transport and Multimodal Transport Enhancing capacity and skills development to further progress regional transport facilitation cooperation Conceptual planning for an integrated intermodal transport network in ASEAN 1. 2.

Proposed Actions
Early implementation of the ASEAN transport facilitation agreements Operationalize/enhance capacity for the National Transit Transport Coordinating Committees (NTTCCs) in all Member Countries Regular implementation evaluation/monitoring meetings of regional Transit Transport Coordinating Board (TTCB) Simplify/harmonize documentation trade/transport procedures and

2.

3. 4. 5. 6.

3. 4.

Formulate uniform guidelines and requirements for the registration of Multimodal Transport Operators (MTOs) Promote the usage of trade terms and practices related to multimodal transport, including the INCOTERMS (International Commercial Terms) Conduct training/skills upgrading programs (e.g., seminars, workshops, etc) to enhance institutional and human capacity in the implementation of the ASEAN transport facilitation agreements Promote ASEAN transport intermediaries such as freight forwarders, MTOs, logistics service providers, truck/haulage operators Promote strategic logistics centers, e.g. inland clearance depots, regional warehouse and distribution centers linking the major regional trade centers Promote ICT applications for seamless cargo transportation through the integration of surface, maritime and air cargo information systems and related information networks such as customs and trade-related systems Exchange of experiences/update of developments on multimodal transport operations in Member Countries

5. 6. 7.

7.

8.

8.

9.

9.

10.

10. Regular exchange of best practices on public-private partnerships in the development, commercialization, construction and operation of land transport infrastructure and facilities 11. Conduct development studies on intra-ASEAN ferry links to connect the major ASEAN land transport/highways/corridors

11.

12. Formulate regional policy framework for developing Inland Waterways Transport (IWT) services 13. Promote intra-ASEAN development of environmentally friendly transport vehicles through the use of alternative fuels

220
ASEAN Documents Series 2004 ASEAN Documents Series 2004

221

IV. AIR TRANSPORT Goals


Establishment of a regional open sky arrangement to support regional economic integration Achieving globally-acceptable standards in aviation security and safety

Strategic Thrusts
Implementing the regional plan on the ASEAN Open Sky Policy, on a staged and progressive basis Promoting satellite-based air navigational and automatic sensing systems to effectively control air trafc and improve safety in airspace 1.

Proposed Actions
Adopt and implement the ASEAN open sky policy, for both passenger and cargo services by building on the approved Roadmap for Integration of ASEAN (RIA) for ASEAN Competitive Air Services Policy through plurilateral, multilateral or intersub-regional liberalization and cooperation arrangements Develop an airline industry liberalization roadmap/program for the ASEAN region Promote safe, efcient and effective Air Trafc Management (ATM) through enhanced integrity and interoperability of ASEAN Communications, Navigation and Surveillance (CNS) Systems Intensify aviation and airport security through HRD and application of IT Enhance cooperation to ensure, among others, transfer of advanced civil aviation technologies Regular exchange of best practices on public-private partnerships in the development, commercialization, construction and operation of air transport infrastructure and facilities Further liberalize air transport ancillary services Improve the regulatory framework of the air transport industry for better efciency and performance Enhance regional capacity for combined air and maritime search and rescue (SAR) operations

Action Plan for ASEAN Air Transport Integration and Liberalization


Phnom Penh, Cambodia, 23 November 2004
INTRODUCTION 1. The air transport industry plays an important role in the world economy. The global air transport industry carried 40 percent of the total value of exported goods and more than 45 percent of international travelers, accounting for about US$ 1,400 billion and creating more than 27 million jobs. By the year 2010, the air transport market in Asia is expected to become one of the largest, if not the largest, in the world. 2. ASEANs insular geography greatly contributed to the development of air transport. Huge populations, growing regional and inter-regional tourism, increasing trade, commerce and industrialization in the ASEAN Member Countries, and the creation of an economically integrated regional community, provide bright prospects for the implementation of a single aviation or air transport market in ASEAN. 3. A more liberal and competitive air transport industry in ASEAN will no doubt boost intra-ASEAN travel, trade and investment, and sustain regional integration. There is unity among ASEAN Member Countries to work towards the ASEAN Economic Community through the integration and liberalization of air services. They have varied policy goals for their air transport industries ranging from safety and prestige to generation of employment and foreign exchange earnings from tourism and trade and other closely related industries. 4. The gains from tourism, an industry where ASEAN enjoys competitive advantage as stated in the Bali Concord II depends critically on how aviation policies encourage or hinder tourism development. Ultimately ASEAN Member Countries will benet if the air services to and from them are available and reliable, and if competitive fares are offered by nancially viable airlines. ASEAN as a destination therefore becomes more internationally competitive. 5. Against this backdrop and with the dynamic changes in the global economic and aviation environment, ASEAN Member Countries need concerted actions to provide efcient and competitive air transport within and outside of the regional borders which are crucial to the rapid growth of trade, foreign direct investments, tourism and in the overall economic integration of ASEAN. Policy Commitments 6. Developing an efciently managed and competitive air transport system has long been recognized in ASEAN. At the Fifth ASEAN Summit of December 1995, the ASEAN leaders, in line with the goal of achieving greater economic integration, decided that the Plan of Action in Transport and Communications (1994-1996) will include development of an Open Sky Policy. The leaders again afrmed the Open-Sky Policy in the ASEAN Vision 2020 adopted at the Second Informal Summit in December 1997, and in the Hanoi Plan of Action adopted at the Sixth Summit in December 1998. At the Sixth ASEAN Summit, the open sky policy for air freight was also among the recommendations made. The leaders at the Ninth ASEAN Summit in Bali in October 2003, as a step towards the realization of the ASEAN Economic Community, adopted new initiatives and measures which included the accelerated liberalization of 11 priority sectors by 2010, with Air Travel & Tourism as among the 11 priority sectors. 7. The ASEAN Transport Ministers (ATM) in the First ATM (Bali, March 1996) agreed to pursue the Development of a Competitive Air Services Policy which may be a gradual step towards an Open Sky Policy in ASEAN. The First ATM also agreed to promote a regional competitive environment for air services within ASEAN with no restrictions in frequency, capacity and aircraft type for point-to-point services, based on the progressive, orderly, and safeguarded change in international air transport regulations on the basis of fair and equal opportunity for all Member Countries. The First ATM further agreed that liberalization of air services in ASEAN which had already begun within the ASEAN sub-regional groupings like Brunei-Indonesia-MalaysiaPhilippines East ASEAN Growth Area (BIMP-EAGA) and the Indonesia-Malaysia-Thailand Growth Triangle (IMT-GT) should continue to be pursued vigorously and expanded to other sub-regions. The Third ATM (Cebu, September 1997) reafrmed the importance of an ASEAN competitive air services policy. The Third ATM also agreed to accelerate the work program to implement the air services liberalization within the ASEAN sub-regional groups. The Fourth ATM (Singapore, September 1998) agreed to have the liberalization of air freight services as part of the ASEAN competitive air services policy. Policy development efforts on ASEAN air services liberalization had become integral components of the ASEAN Transport Cooperation Framework Plan and the Successor Plan of Action in Transport 1999-2004 adopted by the Fifth ATM in Ha Noi in September 1999. 8. The Successor Plan of Action in Transport covering the period 1999-2004 identied enhanced regulatory and competition policy for the ASEAN civil aviation sector as one of its strategic thrusts. Consistent with earlier declarations, the successor plan aimed to promote a more competitive

2. 3.

4. 5. 6.

7. 8. 9.

10. Adopt initiatives to increase air access with dialogue partners

222
ASEAN Documents Series 2004 ASEAN Documents Series 2004

223

environment for air transport services and operations, by way of liberalization initiatives and agreements which may be a gradual step towards an Open Sky Policy in ASEAN. Specically, it called for the following: (a) Development of the liberalization policy for air freight services; and (b) Adoption of more liberal and exible air services arrangements, initially for ASEANs sub-regional groupings like BIMP-EAGA, the Cambodia - Lao PDR - Myanmar - Viet Nam (CLMV) Countries, etc. 9. At the 7th ATM ( Kuala Lumpur, October 2001), the Ministers agreed to launch a regional initiative for the progressive and phased liberalization of air services in ASEAN, by providing greater market access, flexibility and capability in air services operations. At the 8th ATM (Jakarta, September 2002), the ASEAN Memorandum of Understanding on Air Freight Services was signed heralding the first step towards the full liberalization of air freight services in ASEAN. The Ministers at the 9th ATM (Yangon, October 2003) endorsed the Roadmap for ASEAN Competitive Air Services Policy, as the guiding principle for the phased and progressive liberalization of regional air cargo and passenger services in the ASEAN region. The 9th ATM, in line with the ASEAN leaders directive to accelerate the integration of the air travel and tourism sectors, tasked their officials to develop the regional action plan for the ASEANs Open Sky arrangement. 10. The Study on Preparing ASEAN for Open Sky was carried out and completed under the ASEAN-Australia Development Cooperation Program (AADCP) Regional Economic Policy Support Facility (REPSF). This Study provided the valuable common understanding and the practical framework and options towards implementation of more liberal and progressive air transport policies to achieve the end goal of promoting Open Sky Policy under the ASEAN Vision 2020. On 4th December 2003, the CLMV countries in pursuance of their 1998 Sub-regional Air Transport Cooperation Agreement concluded and signed a uniquely liberal/open skies Multilateral Agreement on Air Services in Ha Noi. On 25th February 2004, Brunei Darussalam, Singapore and Thailand concluded and signed the Multilateral Agreement on the Full Liberalization of All Cargo Services in Singapore, in line with the 2+ X principle proposed at the Ninth ASEAN Summit. Policy Agenda 11. This Action Plan will provide collective actions that ASEAN Member Countries can pursue to advance the full liberalization of air services in ASEAN, on a staged and progressive implementation, to achieve the leaders vision of Open Sky arrangements in the ASEAN region. Recognizing the decisions at the Special Meeting on ASEAN Open Sky in Ho Chi Minh City in February 2004 and at the 9th ATWG Meeting in Manila in March 2004, full

liberalization is understood to mean a strategy of opening up aviation markets or removing restrictions in the provision of air services (covering ights by one or more aircraft carrying passengers, cargo or mail) to stimulate economic growth. This Action Plan reinforces and builds upon the ATM-approved Roadmap for ASEAN Competitive Air Services Policy. This Action Plan provides a package of a number of distinct policy options such as capacity and fare deregulation, commercial agreements, market access, investment and ownership issues as well as removing doing business restrictions. 12. As an implementation strategy, two or more Member Countries who are ready can negotiate, conclude and sign Implementing Agreements / Arrangements on plurilateral, multilateral or sub-regional basis. The other Member Countries could join in the implementation when they are ready. Member Countries can also sign and conclude more liberal bilateral agreements based on the principles laid out in this Action Plan. 13. be: Under this Action Plan, the policy objectives shall a) To develop a more efcient, competitive and sustainable air transport system within ASEAN to enhance consumer choices, and ensure that air transport services are safe, reliable, comprehensive and cost effective; b) To ensure that airlines achieve stable, efcient and viable nancial operations so that reliable services are delivered, fares for travelers and shippers remain competitive, and mobility particularly of ASEAN nationals is enhanced; and c) To expand the depth and scope of the liberalization of trade in the air transport services under the ASEAN Framework Agreement on Services (AFAS). 14. Air services liberalization requires responsive policy reforms. These reforms however have to be taken on a step-wise and progressive manner, in recognition of the disparities in the level of economic development, airline capabilities, the preparedness and maturity of the air transport industries and the limitations of the supporting hardware and infrastructure. Proposed Strategic Measures/Actions 15. The progressive implementation of full liberalization of air services in ASEAN shall entail the following proposed strategic measures/actions. Those likeminded ASEAN Member Countries who are ready may negotiate the details and conclude the implementing agreement/arrangement, in line with ASEAN Minus X formula.

Bold Measures/Actions 16. The following are the proposed bold measures or actions for full air services liberalization in ASEAN. Most of these measures/actions are currently ongoing. a) Signicant liberalization of air freight services by 2006, with increased tonnage and additional designated points. Achieve full liberalization of ASEAN air freight services by 2008; b) Signicant liberalization of scheduled passenger services with no limitations on third and fourth freedom trafc rights for all designated points within the ASEAN sub-regions by 2005, and for at least two designated points in each country between the ASEAN sub-regions by 2006; c) Signicant liberalization of scheduled passenger services with no limitations on fth freedom trafc rights for all designated points within the ASEAN sub-regions by 2006, and at least two designated points in each country between the ASEAN subregions by 2008; d) ASEAN-wide liberalization of scheduled passenger services by 2008, with no limitations on third and fourth freedom trafc rights for the capital city in each ASEAN Member Country; e) ASEAN-wide liberalization of scheduled passenger services by 2010, with no limitations on fth freedom trafc rights for the capital city in each ASEAN Member Country; f) Continued provision of necessary investments in airports and other aviation infrastructure and improved management in order to deal with increasing air transport demands. Explore principles for the development of a common policy for slot allocation in congested airports;

i)

Conclusion of an ASEAN Multilateral Agreement on Air Services by 2015 by signicantly removing restrictions on market access so as to achieve a single air transport market.

Other Measures/Actions These are measures/actions that remain to be nalized. j) Development of broader sub-regional groupings based on similarities of economic and aviation interests, which may include the creation of new aviation sub-regions based on carefully considered criteria.

k) Expanding the scope of the ATM-approved Roadmap on Competitive Air Services Policy, to include policy reform packages such as moving towards more market-determined fares, increasing the number of ofcially designated international carriers in all ASEAN agreements, granting access to beyond ASEAN points for ASEAN carriers, promoting market competition in commercial agreements such as code shares, and addressing ownership and investment rules as well as doing business restrictions. These additional reforms are necessary to provide greater market access and promote greater efciency and exibility and sustain viability among airlines in the longer-term. l) Support the development of secondary gateways and routes to provide greater traveler/consumer choice in aviation, provide competitive fares, and facilitate tourism development particularly in new markets. Opening up gateways can ease up congestion in the major hubs, help develop new routes and benet tourism from new points of entry and exit. Passengers can likewise enjoy cost savings by not connecting to major domestic gateways. It supports the entry of secondary carriers or low-cost carriers which cannot compete directly with the incumbent full service carriers in the hubs due to airport-related constraints such as insufcient capacity;

g) Development of an airline liberalization program in ASEAN by 2006. Policy options in place by 2005 to address ownership rules and investment issues; code of conduct on competition and consumer policy; subsidies and state aid; and emergence of new business models like the low cost carriers; h) Freer trade in services in auxiliary business activities in the ASEAN air transport industry with a successive series of negotiations through continued improvement of existing AFAS commitments by removing limitations for the four modes of liberalization and/or inclusion of new sectors or sub-sectors of interest to ASEAN; and

m) Facilitation of the entry and growth of new airlines, especially low cost carriers to serve as welcome stimulus for better performance and competition in the whole ASEAN aviation sector. As experienced worldwide, low cost carriers have expanded consumer choices and access to air transport and improved the efciencies of airline industries. They have also prompted regulators to change old rules of the game that tended to protect incumbent airlines and their key markets;

224
ASEAN Documents Series 2004 ASEAN Documents Series 2004

225

n) Expanding existing bilateral agreements in tandem with multilateral initiatives. This includes development of a standard bilateral text that also offers optional but standard liberal clauses to simplify the multilateral process; o) Strengthening cooperative efforts, including alliances and other commercial marketing arrangements among airlines to achieve greater efciency and synergy, narrow down the gaps in airline disparities and achieve deeper integration. Extending preferential/special measures to the lesser developed airlines and Member Countries; p) Formulation of aviation partnership framework and strategy for ASEAN as a region in dealing with ASEAN external aviation partners - both as individual countries and regions - to enhance air transport access and connectivity and optimize opportunities to develop the markets, routes and capacities to stimulate growth in trade and tourism. Pursue inclusion of aviation services in economic partnerships agreements with ASEAN dialogue partners; and q) Enhancing cooperation in safety and security for passengers and goods through regular exchange of information and best practices, dialogues and networking among airports and airlines within ASEAN and beyond ASEAN. CAPACITY BUILDING PROGRAMS 17. To facilitate the transition towards full liberalization of air services, ASEAN Member Countries shall engage in and support the following capacity building programs: a) Promoting a greater integration of air transport and tourism issues through joint workshops thereby giving the tourism industry a stronger voice in negotiations. The benets and costs experienced in relation to aviation policy reforms can be discussed and highlighted; b) Disseminating information related to the benets of the liberalization process through media, fora or seminars; c) Promoting coordination and harmonization of information to document gains and costs from liberalization in order to strengthen consumer inuence, provide market opportunities for airlines and investors, and solicit proper policy responses from government; d) Conducting trainings and workshops, seminars and regular and scheduled consultations for

negotiators or policy-makers, airlines and academe to address benets and costs of policy reforms and current policy issues with focus on ownership and investment rules, state subsidies, code-shares, alliances, pricing and distribution; e) Conducting capacity-building programs such as trainings and seminars to re-orient the approach and to develop new levels of understanding. This can best be achieved, at least in the short term, through phased and tailored workshops which focus for governments and carriers, on the rationale for the liberal economic approach and the opportunities that arise from it. For the tourism sector, the emphasis will be lower (though still present) on negotiating liberal agreement and more concerned with how airlines operate, in both liberal and constrained environments; f) Conducting regular exchange of information on best practices among airlines and public-private groups in the development and commercialization of air transport infrastructure and facilities;

19. ASEAN Member Countries shall continue to collectively work and cooperate in the actual implementation and operationalization of this Action Plan, through mutual consultation, negotiation and consensus-building. Member Countries may go beyond the rigidity of reciprocity imposed by the framework of bilateral agreements and rationalize the negotiation approach to a more exible approach by considering packages of policy options of aviation rights, together and including aviation in the broader trade in goods and services, recognizing that one Member Country may not gain from a specic policy option on its own, but it, along with other like minded or partner countries, may gain from a package which benets all. For this purpose, a working package of possible policy reforms as outlined

in ANNEX A can be considered to guide the consultation and negotiation process in the staged and progressive air services liberalization in ASEAN. 20. As a general principle, two or more likeminded ASEAN Member Countries that are ready may negotiate the details, and conclude and sign the appropriate implementing agreement/arrangement, in line with ASEAN Minus X formula. These Member Countries shall submit regular implementation updates to the Senior Transport Ofcials Meeting (STOM) through the ASEAN Air Transport Working Group, for further action. The designation of a country coordinator, amongst the like-minded Member Countries, to lead the consultation/negotiation is desirable.

g) Promoting harmonization of policies to facilitate the process of forming expanded aviation sub-regions and/or developing packages of policy options, as well as in formation of the single ASEAN aviation market; h) Consolidating and/or harmonizing statistical data collection, for purposes of investment promotion, market development, etc.; and i) Strengthening the capability of the ASEAN Secretariat in providing continuing support for further liberalization and facilitating discussions among Member Countries on the scope of issues related to full liberalization of air services as well as the entire ASEAN air transport services sector.

IMPLEMENTING ARRANGEMENTS 18. The ASEAN Air Transport Working Group (ATWG) shall provide overall technical oversight and coordinate the implementation of this Action Plan. Regular progress of implementation shall be reported to the Senior Transport Ofcials Meeting (STOM) which shall be responsible for providing the necessary policy guidance, including the determination of priorities, carrying out periodic reviews and assessments and the approval of the necessary cooperative programs and activities. The ASEAN Transport Ministers (ATM) shall provide the issues and concerns of mutual interest and set the overall policy and program directions for the effective of the Action Plan. The ASEAN Secretariat shall assist and provide technical support to the ATWG/STOM in carrying out these responsibilities.

226
ASEAN Documents Series 2004 ASEAN Documents Series 2004

227

ANNEX A Working Framework for Consultation & Negotiation Note: Two or more Member Countries that are ready can start consultations and negotiations. Phase 1 (2005 2007) Fares Double Disapproval No Controls Designation Double Designation Multiple Designation Ownership Substantial ASEAN Principal Place of Business Capacity-ASEAN Carriers th Unlimited 3rd & 4 Restricted 5ths beyond ASEAN Unrestricted 5ths within ASEAN Unrestricted 5ths beyond ASEAN 7th Freedom & Cabotage Market Competition Code Shares with ASEAN Carriers Market Competition Reciprocal Code Shares Gateway Access Primary Gateway(s) Secondary Gateway(s) Ground Handling Self-Handling Option 3rd Party Handling Option Doing Business Transfer of Staff Transfer of Funds GSA Freedom of Appointment Other Aspects Charters ASEAN Carriers Open Passenger Open Cargo ASEAN-wide liberalization Conclusion of an ASEAN Multilateral Agreement on Air Services Scheduled Cargo ASEAN Carriers Complete Liberalization including gateway liberalization To follow the Roadmap on Air Transport Integration ASEAN carriers, not programmed but maybe offered No primary routes/city pairs If 5th freedom competition no new code share, existing ones to remain but eliminated by 3rd Phase If no 5th freedom competition, no new and eliminated in 2nd Phase No new code shares with ASEAN Permitted for Development Routes Phase 2 (2008 2010) Phase 3 (2011 2015)

of the 10

th

Joint Media Statement ASEAN Transport Ministers Meeting


Phnom Penh, Cambodia, 23 November 2004

1. We, the ASEAN Transport Ministers, held our Tenth ASEAN Transport Ministers (ATM) Meeting in Phnom Penh, Cambodia on 23 November 2004. H.E. Mr. Sun Chanthol, Minister of Public Works and Transport of Cambodia presided over the Meeting, with H.E. Mr. Sommad Pholsena, Deputy Minister of Communication, Transport, Post and Construction of Lao PDR as Vice-Chairman. 2. We discussed the progress of the implementation of the current Plan of Action in Transport and steps needed to further liberalize and integrate the regions transportation services and networks, including the next Plans of Action in Transport in general and in air travel and road safety in particular. We also reviewed the progress of the joint cooperation activities and projects with our dialogue partners. Opening Ceremony 3. H.E. Samdech Hun Sen, Prime Minister of the Kingdom of Cambodia, ofcially opened the Tenth ATM. In his Opening Address, the Prime Minister underscored that an efcient and integrated transport network in ASEAN is critical for realizing the full potential of the ASEAN Free Trade Area as well as in enhancing the attractiveness of the region as a single production and investment destination as envisaged under the ASEAN Economic Community (AEC). He highlighted that ASEAN transport is also critical in linking ASEAN with the neighboring Northeast and South Asian countries, in the concept of two wings for the region; with China, Japan and Korea in the northeast and India in the south of Asia. He enjoined the need for strong commitment in the implementation of the Transport Agenda of the Vientiane Action Programme (VAP) 2004-2010 to be adopted at the Tenth ASEAN Summit in Vientiane, Lao PDR on 2930 November 2004. He afrmed Cambodias commitment to integrate its transportation network with other ASEAN Member Countries and with the rest of the world. He urged the ASEAN Transport Ministers to accelerate their efforts to develop and implement action plans to enhance trafc safety, among others, in the ASEAN region. Charting an Open, Integrated and Safe Transport Sector in ASEAN 4. We commended our senior ofcials and their Working Groups on the remarkable progress made in the implementation of the Plan of Action in Transport 1999-2004 in support of the six-year Hanoi Plan of Action, which both

end in 2004. These include, among others, the conclusion and subsequent implementation of regional transport agreements on (a) the mutual recognition of commercial vehicle inspection certicates, (b) ASEAN highway network development, (c) facilitation of goods in transit and its ve implementing protocols, and (d) air freight services liberalization. Moreover, cooperation frameworks are now in place for transport infrastructure integration, transport facilitation and competitive air services. 5. To provide the necessary transport infrastructure and logistics in support of the single market and production base under the ASEAN Economic Community (AEC) initiative, we endorsed the Transport Agenda for the Vientiane Action Programme (VAP) 2004-2010 and ASEAN Transport Action Plan 2005-2010 that would further develop integrated, safe and secure regional transport infrastructure and logistics network. To facilitate the development of regional production network, interconnectivity and interoperability among existing and planned infrastructure, modes and logistics will also be strengthened to enable seamless cargo transportation. These policy initiatives will be carried out through 48 strategic activities over the next six years. 6. As part of our efforts to enhance the safety of the ASEAN Highway Network, we adopted the Phnom Penh Ministerial Declaration on ASEAN Road Safety and the ASEAN Road Safety Strategy and Action Plan 2005-2010 and agreed to set up a multi-sector working group to coordinate and manage the implementation of the national and regional road safety action plans. We appreciated the Asian Development Banks (ADB) support in the preparation of the ASEAN road safety action plans. We also appreciated ADBs readiness to continue its institutional and advisory support to the ASEAN road safety programs, projects and activities under Phase II of the ADB- ASEAN Road Safety Project. It was expected that successful implementation of these action plans could, according to recent studies sponsored by the ADB, save over 40,000 lives and 2 million injuries over the next ve years, or about US$ 11 billion in economic terms. Expanding Cross-Border Transport and Transit Transport Facilitation 7. We recognized the importance of expanding crossborder transport and transit facilitation in international trade. In this regard, we afrmed the speedy conclusion of the ASEAN Framework Agreement on Multimodal Transport and Protocol 1 on Designation of Transit Transport Routes

extending to

228
ASEAN Documents Series 2004 ASEAN Documents Series 2004

229

and Facilities. We agreed to work to promptly conclude and sign the two agreements at the Eleventh ATM in Lao PDR. These agreements will facilitate the expansion of intra-ASEAN trade as well as provide greater access to the global markets. Promoting a More Liberal and Competitive ASEAN Aviation Market 8. We adopted the Action Plan for ASEAN Air Transport Integration and Liberalization 2005-2015 which provides strategic actions to further liberalize air services in ASEAN and promote an enabling environment for a single and unified air transport market in ASEAN. In line with the 2003 Bali Concord II which aims to achieve integration of the eleven priority sectors, including air travel, by 2010, we also endorsed the Roadmap for Integration of Air Travel Sector. The Roadmap sets specific actions and milestones for greater integration and liberalization of ASEAN air freight and passenger services. It will be formalized later this month at the Tenth ASEAN Summit in Vientiane, Lao PDR, together with those of the other priority sectors.

9. We signed the Protocol to Implement the Fourth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services. The Package opens up further cross-border business opportunities in areas such as Aircraft Leasing without Crew, Aircraft Repair and Maintenance Services, Selling and Marketing of Air Transport Services and Computer Reservation System Services. 10. We are pleased to note the signicant progress made in fostering closer partnerships with a number of our dialogue partners over the past years. In particular, we had conducted a number of joint projects with China and with Japan to enhance human and institutional capacity in transport security and safety, maritime transport management, sustainable urban transport planning, and transport logistics improvement, among others. We gratefully acknowledged their technical and nancial support in the development of a dynamic, secure and safe ASEAN transport industry. 11. We expressed our appreciation to the Royal Government of Cambodia for the excellent arrangements made and agreed to hold our next meeting in Lao PDR in 2005.

Joint Media Statement of the 3rd ASEAN and China Transport Ministers Meeting
Phnom Penh, Cambodia, 24 November 2004
1. We, the Transport Ministers of ASEAN and China, held our Third Meeting on 24 November 2004 in Phnom Penh, Cambodia. H.E. Mr. Sun Chanthol, Minister of Public Works and Transport for Cambodia and H.E. Mr. Zhang Chunxian, Minister of Communications of the Peoples Republic of China, co-chaired our Meeting. 2. Recognizing the signicant potential of ASEANChina strategic partnership in transport and its crucial support for the ASEAN-China free trade area initiative, we adopted the Memorandum of Understanding (MOU) between the Governments of Member Countries of the Association of Southeast Asian Nations and the Government of the Peoples Republic of China on Transport Cooperation. The MOU will be signed by the ASEAN Secretary-General and the Minister of Communications of China at the sidelines of the ASEAN-China Summit in Vientiane, Lao PDR on 27 November 2004. 3. Under the MOU, we agreed to further strengthen our policy and information exchange and implement joint projects and activities in the following cooperation areas: (a) Transport Infrastructure Construction; (b) Transport Facilitation; (c) Maritime Safety and Security; (d) Air Transport; and (e) Human Resources Development. Working groups or ad-hoc expert task forces may be formed to expedite the implementation of these areas. 4. We also agreed to work towards developing and signing an ASEAN-China regional maritime transport cooperation framework agreement as well to pursue the proposal to explore the possibility of concluding an ASEAN-China regional passenger and cargo air services arrangement. These agreements will provide greater impetus and dynamism into the development of international ocean shipping industry and air services liberalization in this region that also reinforces the establishment of an ASEAN-China free trade area. 5. We welcomed the establishment of the ASEAN STOM + China Maritime Consultative Group as the cooperative platform to work out and recommend the details of the initiative concerning the ASEAN-China maritime transport agreement, as well as to discuss the relevant projects and activities to advance cooperation in maritime safety and security. China will host the rst ASEAN STOM + China Maritime Consultative Group meeting in Shanghai in the second quarter of 2005. 6. We are pleased with the substantive progress on the ASEANChina transport cooperation since the Second ATM + China meeting. In particular, the ASEAN-China transport cooperation which began two years ago has contributed towards strengthening infrastructure linkages and enhancing cross border movement of goods and people between the two sides. Some of these joint cooperation projects and activities include: (a) Construction of Lao PDR section of KunmingBangkok Highway funded by US$ 30 million from the Chinese government which started early this year and is due for completion by June 2006; (b) Navigation Channel Improvement Project on the upper Mekong River which was completed in April 2004. The project was jointly executed by China, Lao PDR, Myanmar and Thailand with Chinese funding of US$ 5 million; (c) The pre-feasibility study of the missing link of the Trans-Asian Railway inside Cambodia, with US$ 1 million nancial assistance from China; (d) Ongoing Negotiations on Annexes/Protocols of the GMS Agreement for the Facilitation of CrossBorder Transport of Goods and People, whose rst stage was concluded in Phnom Penh in late April 2004 and part of second stage to be concluded in Lao PDR next month; and (e) Port Management and Marketing Workshop for ASEAN High-level Ofcials and Managers in Dalian in August/September 2004; the ASEAN-China Workshop on Ships Ballast Water Management in Beijing in September 2004 and the ChinaPhilippines Joint Table-Top Search and Rescue Exercise Project in Beijing and Manila separately this year. 7. We looked forward to the implementation of the following activities starting in 2005; (a) Development Study for the Inland Waterway Improvement Project in Cambodia, Laos, Myanmar and Viet Nam;

LIST OF MINISTERS H.E. Pehin Dato Haji Zakaria Sulaiman, Minister of Communications, Brunei Darussalam; H.E. Mr. Sun Chanthol, Minister of Public Works and Transport, Cambodia; H.E. Mr. M. Hatta Rajasa, Minister of Communications, Indonesia; H.E. Mr. Sommad Pholsena, Deputy Minister of Communication, Transport, Post and Construction, Lao PDR; H.E. Dato Sri Chan Kong Choy, Minister of Transport, Malaysia; H.E. Maj. Gen. Thein Swe, Minister for Transport, Myanmar; H.E. Mr. Arturo T. Valdez, Undersecretary (Deputy Minister) of Transportation, Philippines; H.E. Mr. Yeo Cheow Tong, Minister for Transport, Singapore; H.E. Mr. Nikorn Chamnong, Deputy Minister of Transport, Thailand; H.E. Mr. Nguyen Tien Sam, Vice Minister of Transport, Viet Nam; and H.E. Mr. Ong Keng Yong, ASEAN Secretary General.

230
ASEAN Documents Series 2004 ASEAN Documents Series 2004

231

(b) Chinas scholarship for two ASEAN ofcials each year, to study one-year masters degree course in World Maritime University Branch in Dalian; (c) China Drill on Search and Rescue at Sea to be held in Shanghai in July 2005, followed by a China Workshop on Compensation for Oil Pollution Caused by Ship; (d) China Workshop on Management of Seafarers in response to ILOs Consolidated Maritime Labor Convention for adoption in 2006, the implementation of the IMO International Ship and Port Facility Security (ISPS) Code, and International Convention on Standards of Training,

Certication and Watch-keeping for Seafarers (STCW) as amended; and (e) Workshop on the Regulation Techniques of Inland Waterways for ASEAN High-level Ofcials and Technical Personnel in 2005. 8. We agreed to seek additional nancial and technical assistance from international organizations to support transport infrastructure development projects and to promote transport facilitation in the region. 9. We thanked the Royal Government of Cambodia for excellent organization of the Meeting and agreed to hold our Fourth ATM + China Meeting in Lao PDR in 2005.

Joint Media Statement of the 2nd ASEAN and Japan Transport Ministers Meeting
Phnom Penh, Cambodia, 24 November 2004
1. We, the Transport Ministers of ASEAN and Japan, held our Second Meeting (ATM + Japan) on 24 November 2004 in Phnom Penh, Cambodia. H.E. Mr. Sun Chanthol, Minister of Public Works and Transport for Cambodia and H.E. Mr. Hayao Hora, Vice-Minister for International Affairs, Ministry of Land, Infrastructure and Transport of Japan, cochaired the Meeting. 2. We were pleased with the signicant progress made in the implementation of the 16 projects under the ASEAN-Japan Transport Partnership since our rst Meeting in October 2003 in Yangon, Myanmar. Though barely over a year old, this partnership had played an active role in enhancing human and institutional capability in areas such as transport security and safety, urban transport development and seafarers policy cooperation, transfer of technical know-how and technology for efcient and sustainable transport services. It has also provided new insights into the understanding of logistics bottlenecks existing within ASEAN and between ASEAN and Japan as well as specic measures needed to address them. We would continue to exert our best efforts to ensure the steady implementation of these joint projects. 3. We agreed to broaden and deepen the transport partnership, with the adoption of ve new projects and their work plans for 2004-2005. Building upon the momentum generated over the past year, the new work plan focuses on the following specic areas: Transport Logistics Improvement, Airport and Aviation Security, Road Transport Safety, Use of Alternative Fuels for Public Transport and Transport Information Exchange. We welcomed Japans proposal to convene the Third ASEAN-Japan Transport Policy Workshop sometime in June 2005 in Gifu-City of Central Japan. 4. We thanked the Royal Government of Cambodia for the excellent arrangement made for the Meeting and agreed to hold our next Meeting in Lao PDR in 2005.

LIST OF MINISTERS H.E. Pehin Dato Haji Zakaria Sulaiman, Minister of Communications, Brunei Darussalam; H.E. Mr. Sun Chanthol, Minister of Public Works and Transport, Cambodia; H.E. Mr. Zhang Chunxian, Minister of Communications, China; H.E. Mr. M.Hatta Rajasa, Minister of Communications, Indonesia; H.E. Mr. Sommad Pholsena, Deputy Minister of Communication, Transport, Post and Construction, Lao PDR; H.E. Dato Sri Chan Kong Choy, Minister of Transport, Malaysia; H.E. Maj. Gen. Thein Swe, Minister of Transport, Myanmar; H..E. Mr. Arturo T. Valdez, Undersecretary (Deputy Minister) for Transportation, Philippines; H.E. Mr. Yeo Cheow Tong, Minister for Transport, Singapore; H.E. Mr. Nikorn Chamnong, Deputy Minister of Transport, Thailand; H.E. Mr. Nguyen Tien Sam, Vice Minister of Transport, Viet Nam; and H.E. Mr. Ong Keng Yong, ASEAN Secretary General.

List of Ministers H.E. Pehin Dato Haji Zakaria Sulaiman, Minister of Communications, Brunei Darussalam; H.E. Mr. Sun Chanthol, Minister of Public Works and Transport, Cambodia; H.E. Mr. M. Hatta Rajasa, Minister of Communications, Indonesia; H.E. Mr. Hayao Hora, Vice-Minister for International Affairs, Ministry of Land, Infrastructure and Transport, Japan; H.E. Mr. Sommad Pholsena, Deputy Minister of Communication, Transport, Post and Construction, Lao PDR; H.E. Dato Sri Chan Kong Choy, Minister of Transport, Malaysia; H.E. Maj. Gen. Thein Swe, Minister for Transport, Myanmar; H.E. Mr. Arturo T. Valdez, Undersecretary (Deputy Minister) for Transportation, Philippines; H.E. Mr. Yeo Cheow Tong, Minister for Transport, Singapore; H.E. Mr. Nikorn Chamnong, Deputy Minister of Transport, Thailand; H.E. Mr. Nguyen Tien Sam, Vice Minister of Transport, Viet Nam; and H.E. Mr. Ong Keng Yong, ASEAN Secretary General.

232
ASEAN Documents Series 2004 ASEAN Documents Series 2004

233

List of ASEAN and Japan Transport Partnership Projects Transport Facilitation 1) Transport Logistics Project Air Transport 2) New Air Navigation System 3) Aviation Security Project(New) 4) Airport Study Project (New) Maritime Transport 5) Seafarers Policy Cooperation 6) Maritime Transport Security Program 7) Cruise Promotion Project 8) High Speed Maritime Network Project 9) Mega-Float Promotion Project 10) Port Technology Research Project 11) Cooperation on Coast Guard Development Land Transport 12) Public Transport Smart Card Initiative 13) Intelligent Transport System Development 14) Automobile Technical Cooperation Project on Safety and Environmental 15) Road Signage Harmonization 16) ASEAN Railways Revival Plan 17) Urban Transport Policy Framework 18) Alternative Fuel Project for Transport Sector (New) 19) Road Transport Safety Project (New) Others 20) Transport Policy Ofcials Training in Japan 21) Transport Information Platform Project (New)

Memorandum of Understanding between the Governments of the Member Countries of the Association of Southeast Asian Nations and the Government of the Peoples Republic of China on Transport Cooperation
Vientiane, Laos, 27 November 2004
The Governments of the Member Countries of the Association of Southeast Asian Nations (ASEAN) and the Government of the Peoples Republic of China (hereinafter referred to collectively as the Parties or individually as a Party); RECALLING the initiative for strengthening the ASEANChina transport cooperation put forward by the Peoples Republic of China at the Fourth ASEAN-China Summit held in Singapore in November 2000; STRESSING that the areas of cooperation under this Memorandum of Understanding shall be complementary to the activities carried out in other ASEAN-China fora; REAFFIRMING the Framework Agreement on the Comprehensive Economic Cooperation Agreement between the Association of Southeast Asian Nations and the Peoples Republic of China signed on 4 November 2002 in Phnom Penh, Cambodia, aimed at strengthening and enhancing economic, trade and investment cooperation as well as in the liberalization of trade in goods and services; RECALLING also the proposal to establish the ASEANChina Transport Ministers Meeting mechanism made by the Peoples Republic of China at the Fifth ASEAN-China Summit held in November 2001 in Brunei Darussalam, so as to strengthen communication and coordination, and promote the cooperation in the transport sector between the Parties; NOTING the common consensus reached on furthering the ASEAN-China transport cooperation at the First ASEANChina Transport Ministers Meeting held in Jakarta, Indonesia on 19 September 2002; RECOGNIZING that advancing the ASEAN-China transport cooperation relations in a holistic manner is in the best mutual interest of the Parties; IN THE SPIRIT of laying solid foundations for lasting partnership and cooperation in the transport sector; HAVE AGREED AS FOLLOWS: Article I OBJECTIVE On the basis of equality, mutual benet and reciprocity, the Parties shall cooperate in the transport sector within their respective purview and in accordance with their respective applicable national laws and regulations, and where applicable, international treaties and conventions to which the Parties are parties to. Article II AREAS OF COOPERATION The Parties shall promote the following areas for medium and long-term cooperation: 1. TRANSPORT INFRASTRUCTURE CONSTRUCTION. Considering that the Parties share the interest in undertaking economic and technical cooperation in the construction of transport infrastructure, the Parties shall actively cooperate in the following areas: a) Planning, designing, construction and maintenance of road, bridge and tunnel or underpass improvement projects; b) Planning, designing and construction of sea and inland river port projects; c) Planning, river regulation and maintenance of navigation channels; d) Planning, designing, construction and maintenance of railways; e) Planning, designing and construction of civil airports; investment in and nancing for the construction of civil airports; and f) Organizing forums and trade exhibitions of transport infrastructure construction in China and in the ASEAN Member Countries (including road, bridge and tunnel projects, metro-related projects, intelligent transport systems and other projects), to facilitate

234
ASEAN Documents Series 2004 ASEAN Documents Series 2004

235

mutual participation in the ASEAN - China transport infrastructure projects. 2. TRANSPORT FACILITATION. The Parties shall strengthen cooperation in different modes of transport and develop a network of road, water, railway and air services to facilitate transportation to meet the future development demands of the ASEAN-China free trade area. Cooperation may include, but shall not be limited to, the following areas: a) Intensifying efforts towards concluding a regional maritime transport cooperation framework to facilitate ASEAN-China trade with due recognition of the existing shipping agreements between China and the relevant ASEAN Member Countries; b) Developing the shipping industry in the Lancang-Mekong River and other international rivers through consultations among the riparian countries; and c) Facilitating international land transport on the basis of harmonizing the technical standards of infrastructure and facilities required by the Asian Highway Network, and the TransAsian Railway Network and the Greater Mekong Subregion (GMS) Agreement for the Facilitation of Cross-Border Transport of Goods and People. MARITIME SAFETY AND SECURITY. The Parties shall establish consultative mechanism, in consultation with relevant ASEAN fora, to discuss, identify and implement mutually benecial projects in the following areas: a) Maritime Safety. The Parties shall cooperate in the implementation of relevant International Maritime Organization (IMO) conventions on safety of navigation at sea, to which the Parties are parties to; b) Search and Rescue at Sea. The Parties shall cooperate on search and rescue at sea in accordance with national laws and regulations and international laws; c) Marine Environmental Protection Against Pollution. The Parties shall undertake cooperation within the IMO framework on the management of ships ballast water and marine environmental protection against pollution from ships; d) Port State Control. The Parties shall undertake closer cooperation on port state control, in line with the Tokyo Memorandum of Understanding on Port State Control in the Asia-Pacic Region signed on 1 December 1993 and 11 April 1994, in so far as the respective Parties are parties thereto; and e) Maritime Security. The Parties shall cooperate by exchanging information and

sharing of experiences on the implementation of the IMO International Ship and Port Facility Security (ISPS) Code, in so far as it binds the respective Parties. 4. AIR TRANSPORT. The Parties shall cooperate in the following areas: a) Air Services Arrangements. The Parties shall actively expand the air services arrangements and connectivity either on a bilateral, regional or sub-regional basis, to support and facilitate the trafc and movement of passengers and cargo to increase the trade and economy of ASEAN and China; b) Airline Cooperation. The Parties shall promote cooperative arrangements between or among designated national airlines, including the utilization of resources and business management; and c) Investigation on Aircraft Accidents and Incidents. The Parties shall cooperate to exchange information on air safety (major occurrences and aircraft accidents) and provide mutual assistance in the use of air safety investigation facilities and equipment, with a view to sharing information on ight safety and expertise on accident investigation. HUMAN RESOURCES DEVELOPMENT. The Parties shall cooperate in holding of workshops or seminars on subjects of common interest in the transport sector. Subjects may cover, but shall not be limited to, the following areas: a) Port management; b) Maritime transport security; c) Techniques on navigation channel regulation; d) Maritime and inland waterways safety administration; e) Management on ships ballast water; f) Personnel training on planning, designing, construction, maintenance and management of roads, bridges and tunnels or underpasses; g) Personnel training on planning, designing, construction, maintenance and management of railways; and h) Personnel training on planning, construction, and management of civil airports; safety management for air service; aircraft maintenance, repairing and overhaul; air trafc control; airworthiness; special techniques on incident and accident investigation; certication of aircraft operation; apron movement control, re ghting and aviation security; and training in the licensing and certication for pilots, and training in international civil aviation laws.

6.

INFORMATION EXCHANGE. The Parties shall cooperate in the exchange of information on transport infrastructure and industry developments to facilitate ASEAN-China transport services. The information may cover, but shall not be limited to, the following areas: a) Transport development policies, laws and regulations; b) Technical standards and specications on railways, roads, bridges and tunnels; c) Technical standards and specications on ports and navigation channels; d) Facilitation measures on international land transport; e) Facilitation measures on international shipping; f) Information on existing port dues and charges; g) Regulations on seafarers going ashore; and h) Laws and regulations, policies and standards in the eld of civil aviation, including but not limited to, construction, management and operation of civil airports; safety management systems of airport and aircraft operators, and notication and investigation of aircraft accidents and incidents. OTHER AREAS OF COOPERATION. The Parties shall, with mutual consent, also cooperate in any other areas of the transport sector. Article III IMPLEMENTATION

Article IV PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 1. The Parties undertake to protect intellectual property rights according to their respective national laws and regulations, and where applicable, to the international agreements to which the Parties are parties to. The names, special marks or ofcial logos or emblems of any of the Parties shall not be used in any publication or document without the prior written consent of the Party concerned. Article V CONFIDENTIALITY Any condential information, document or data received pursuant to this Memorandum of Understanding shall not be disclosed or distributed to any third party, except to the extent authorized in written form to do so by the Party providing the information, document or data. Article VI AMENDMENT A Party may request in writing any amendment of all or any part of this Memorandum of Understanding. Such amendment shall be mutually agreed upon in written form by the Parties and shall form an integral part of this Memorandum of Understanding. Such amendment shall enter into force on such date as agreed upon in writing by the Parties. Article VII SETTLEMENT OF DISPUTES Any dispute or differences arising out of the interpretation or implementation or application of the provisions of this Memorandum of Understanding shall be settled amicably through consultation or negotiation between the Parties. Article VIII ENTRY INTO FORCE, DURATION AND TERMINATION 1. This Memorandum of Understanding shall enter into force on the date of signature and remain in force for an initial period of ve (5) years. It shall be extended for successive periods of ve (5) years thereafter, unless either Party provides thirty (30) days advance notice in writing to the other Party of its intention for the termination. For purposes of the termination of this Memorandum of Understanding, official notification shall be

2.

7.

3.

5.

1.

The Ministry of Communications of the Peoples Republic of China and the ASEAN Secretariat shall be the agencies responsible for the identication, coordination, implementation and monitoring of projects and activities conducted pursuant to this Memorandum of Understanding. The identication, implementation, monitoring and appraisal of the joint cooperation projects and activities shall be undertaken through the ASEAN-China Senior Transport Ofcials Meeting, for nal consideration and approval by the ASEAN-China Transport Ministers Meeting. Working groups or ad-hoc expert task forces may be formed, as appropriate, to expedite the implementation of specic areas of cooperation under this Memorandum of Understanding. The specic tasks, obligations and conditions relating to the cooperative activities under this Memorandum of Understanding, including the responsibility for cost payment, shall be discussed and agreed to by the relevant Parties prior to the implementation of such activities, and be subject to the availability of funds and technical personnel of the Parties.

2.

3.

4.

2.

236
ASEAN Documents Series 2004

communicated to the Ministry of Foreign Affairs of the Peoples Republic of China or the ASEAN Secretariat. 3. The termination of this Memorandum of Understanding shall not affect any project or activity already undertaken under this Memorandum of Understanding, which has not been completed, unless the Parties agree otherwise in writing.

IN WITNESS WHEREOF, the undersigned, duly authorized by the respective Governments of the ASEAN Member Countries and the Peoples Republic of China, have signed this Memorandum of Understanding. DONE in duplicate at Vientiane, Lao PDR on this 27th day of November 2004, in the English and Chinese languages. Both texts are equally authentic. In case of any discrepancy in interpretation, the English text shall prevail.

FOR THE GOVERNMENTS OF THE Member Countries OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS

FOR THE GOVERNMENT OF THE PEOPLES REPUBLIC OF CHINA

ONG KENG YONG Secretary-General of ASEAN

ZHANG CHUNXIAN Minister of Communications

237
ASEAN Documents Series 2004

IV. HUMAN AND SOCIAL DEVELOPMENT CULTURE AND INFORMATION

Joint Press Statement of the 8 Conference of the ASEAN Ministers Responsible for Information (AMRI)
th

Phnom Penh, Cambodia, 7-8 October 2004


1. The Eighth Conference of the ASEAN Ministers Responsible for Information was held in Phnom Penh, Cambodia, on 7-8 October 2004 preceded by a Senior Ofcials Meeting on 5-6 October 2004. 2. The Meeting was attended by H.E. Pehin Dato Haji Zakaria Sulaiman, Minister of Communications of Brunei Darussalam; H.E. Mr. Khieu Kanharith, Minister of Information of the Kingdom of Cambodia; H.E. Mr. Chairul Zen, Advisor to the Minister of Communication and Information for Information Industry of the Republic of Indonesia; H.E. Dr. Phandouangchith Vongsa, Minister of Information and Culture of the Lao Peoples Democratic Republic; H.E. Dato Paduka Abdul Kadir Haji Sheikh Fadzir, Minister of Information of Malaysia; H.E. Brigadier General Kyaw Hsan, Minister of Information of the Union of Myanmar; Mr. Dinno Marquez Oblena, Charge dAffaires, a.i. of the Embassy of the Republic of the Philippines in Cambodia; H.E. Dr. Lee Boon Yang, Minister for Information, Communications and the Arts of the Republic of Singapore; H.E. Mr. Wissanu Krea-Ngam, Deputy Prime Minister of the Kingdom of Thailand; and H.E. Mr. Do Quy Doan, Vice Minister of Culture and Information of the Socialist Republic of Viet Nam; and their respective delegations. The Meeting was also attended by H.E. Mr. Ong Keng Yong, the Secretary General of ASEAN and his staff. 3. The Conference was opened by H.E. Mr. Sok An, Deputy Prime Minister and Minister in charge of the Council of Ministers of the Royal Government of Cambodia. H.E. Mr. Khieu Kanharith, Minister of Information of the Royal Government of Cambodia and H.E. Mr. Chairul Zen, Advisor to the Minister of Communication and Information for Information Industry of the Republic of Indonesia were elected as Chairperson and Vice-Chairperson of the Conference. The Role of Information and the Media in Enhancing ASEAN Integration 4. The Ministers agreed on the important role of information and the media in supporting ASEANs goal of Towards Shared Prosperity and Destiny in a Peaceful, Integrated and Caring Society . The Ministers noted that c. with the nalisation of the Vientiane Action Programme 2004-2010 and the ASEAN Socio-Cultural Community Plan of Action, both of which have placed greater emphasis on raising the awareness and understanding of ASEAN, the information sector in ASEAN has a greater role to play. The Ministers encouraged Member Countries to give their highest commitments to disseminating news and information within and outside the region. 5. The Ministers also reiterated the importance of the media in promoting understanding and appreciation of the political system, economics, culture and history of each ASEAN country and in promoting the free ow of information among and within ASEAN countries. 6. The Ministers also emphasized the important role of information sharing in ASEAN to help combat terrorism and control the spread of cross-border disease and to raise public awareness of issues of common concern to ASEAN Member Countries. 7. In line with this, the Ministers agreed to the following set of measures and initiatives to be implemented: a. For the respective government TV stations to carry a 30-minute dedicated segment of ASEAN news every week or to carry at least 30 minutes of ASEAN news every week as part of their overall news programming to ensure that the ASEAN perspective is relayed to the general public. In the absence of government TV stations, to encourage private sector broadcasters to give due emphasis and prominence to ASEAN news; ASEAN to adopt the tagline, Ten Nations One Community to provide sharper focus and greater visibility and prominence to ASEAN information and promotional work; Look into enhancing the awareness and understanding of ASEAN among the younger generation, e.g. by leveraging on the current consumer interest in computer games;

b.

238
ASEAN Documents Series 2004 ASEAN Documents Series 2004

239

d.

Establish a media plan to garner more space in the regional and international media for ASEAN related news and information.

8. The Ministers also agreed to strengthen the existing institutional links among ASEAN bodies involved in information to further enhance the promotion, intensication and advancement of ASEAN regional cooperation and integration. ASEAN Digital Broadcasting Cooperation 9. The Ministers agreed that digital broadcasting is the way ahead for television and in light of the convergence of broadcasting, telecommunications and computer technologies called for a joint approach and regional cooperation by ASEAN Member Countries to benet from digital broadcasting. 10. In light of this, the Ministers welcomed and endorsed the ASEAN Digital Broadcasting initiative and in this regard, noted the convening of the ASEAN Digital Broadcasting Meeting and the setting up of an ASEAN Task Force to deliberate further on this matter, including the formulation of a common technical specication of the Set-Top Boxes (STBs) for ASEAN. 11. The Ministers, however, recognized that cooperation on this issue would need to take into account the different states of broadcasting infrastructure, the economic development of and the nancial implications for some Member Countries. ASEAN Television News 12. The Ministers recognised the ASEAN Television News as an effective vehicle to raise ASEAN awareness

and understanding. The Ministers noted that the ATN weekly exchange has now increased from 30 minutes to 40 minutes. The ASEAN Television News items are being used by television stations in the Asia-Pacic region and Europe, through Asiavision and Eurovision news exchange entities. 13. The Ministers agreed that more training programmes and capacity-building work should be undertaken to ensure high quality inputs for the ATN exchange. AMRI Plus 3 (China, Japan and the Republic of Korea) 14. As part of ASEANs efforts to strengthen policy dialogue, coordination and collaboration on information and media issues between ASEAN and the Plus 3 countries, the Ministers agreed to invite the Plus 3 countries to the AMRI Conference starting 2006. The dialogue, among others, shall address international and regional issues on information and media relevant to the interest and concern of the countries. 15. The Meeting welcomed Indonesias proposal to host the Workshop on Enhancing ASEAN-China Cooperation on Information and Media scheduled for December 2004. Closing and Acknowledgement 16. The Ministers expressed their sincere appreciation to the Government and people of Cambodia for the warm hospitality and excellent arrangements contributing to the success of the Conference. 17. The Conference was held in the traditional spirit of ASEAN solidarity and cordiality. 2.

Joint Statement of the ASEAN Photo Editors Workshop


Kuala Lumpur, Malaysia, 28 November 1 December 2004
1. An ASEAN Photo Editors Workshop was held in Kuala Lumpur on 28 November - 1 December, 2004 under the auspices of the ASEAN-COCI (Committee On Culture and Information). The Workshop was opened by Malaysian Deputy Minister of Information, Datuk Zainuddin Maidin. The Workshop was attended by 25 participants from all the 10 ASEAN Member Countries (The list of participants is appended). At the end of the two-day workshop, the participants declared their intention to set up an arrangement for the voluntary exchange of news pictures. The exchange of pictures will be via e-mail and carried out whenever possible. 4. During the interim period, the arrangement shall be coordinated by BERNAMA, which shall submit monthly reports on the picture usage and response by participating media organizations to the ASEAN Secretariat. The participants took note that ASEAN TV News Exchange as well as ASEAN News Exchange (ANEX), under which news stories in text and audio-visual forms are exchanged, are already in existence. An arrangement for the exchange of news pictures will therefore complement ANEX. The workshop was held in a most cordial atmosphere in full ASEAN spirit.

5.

3.

6.

240
ASEAN Documents Series 2004 ASEAN Documents Series 2004

241

LABOUR

support of the regional effort to realise a strong, secure and self-reliant community of caring societies by the year 2020. 9. The Ministers welcomed the preparations being made to develop an action-oriented agenda for regional cooperation over the next six years, as the second in a series of plans to realise the ASEAN Community envisioned by the Leaders. The Ministers noted that the labour priorities under the Hanoi Plan of Action (1999-2004) continued to remain relevant, particularly the priority area on promoting regional mobility and mutual recognition of technical and professional credentials and skills standards. 10. The Ministers pledged their support for the formulation of the six-year successor plan to the Hanoi Plan of Action, particularly with regard to promoting human resource development to build a competitive labour force in ASEAN; promoting an efcient labour market through mutual recognition agreements to enhance employability and labour mobility; strengthening social protection systems; and addressing the labour and employment impact of trade liberalisation. Progress of ASEAN Labour Cooperation 11. Recalling that at their 17th Meeting in May 2003 in Mataram, Indonesia, ASEAN Labour Ministers had pledged to follow up on the employment-related measures recommended by the ASEAN Leaders at the Special ASEAN Leaders Meeting on SARS on 29 April 2003 in Bangkok, Thailand, the Ministers were pleased to note the recommendations of the Special ASEAN+3 Senior Labour Ofcials Meeting on SARS, held from 2 to 3 July 2003 in Manila, Philippines. The Ministers expressed appreciation to the Philippines for hosting and organising this Special Meeting, and welcomed the joint initiatives proposed by the Special Meeting to address challenges brought about by SARS, as well as emerging communicable diseases, particularly through maintaining vigilance in the area of occupational safety and health, and developing national and regional policies on SARS prevention and control at the workplace through tripartite efforts. 12. ASEAN Labour Ministers noted with satisfaction the rapid progress with which the nine priority activities of the ASEAN Labour Ministers Work Programme had been operationalised, well ahead of the Work Programmes conclusion date. The Ministers commended the dedication and commitment of the ASEAN Senior Labour Ofcials in implementing the projects initiated in 2001 as a response to the impact of globalisation and trade liberalisation on labour and employment. The Ministers also acknowledged with appreciation the positive responses from ASEANs Dialogue Partners and other relevant partner agencies such as the ASEAN Foundation to support priority projects on labour and employment. The Ministers observed that the interest and support of ASEAN Dialogue Partners and international

of the 18th

Joint Communiqu ASEAN Labour Ministers Meeting

organisations had greatly facilitated the operationalisation of many important programmes and projects on ASEANs labour agenda. The Ministers pledged to continue their cordial relations with the Dialogue Partners. 13. The Ministers looked forward to the convening of the 5th ASEAN Skills Competition to be hosted by Viet Nam in September 2004. The Ministers recalled that since the convening of the 1st ASEAN Skills Competition in Malaysia in 1995, signicant progress had been made to address the objectives to improve the skills levels of ASEAN workers; to assist the development of human resources in each ASEAN country; to develop a new generation of highly skilled workers and to prepare for ASEAN countries participation in the WorldSkills Competition. 14. The Ministers noted that many initiatives and projects were planned and ongoing to address the skills development needs of ASEAN, at the same time facilitating greater opportunities for sharing technical know-how and expertise among the ASEAN Member Countries. The Ministers called for an integrated approach to promote skills training and skills recognition and requested their Senior Ofcials and the ASEAN Secretariat to review the impact of completed and ongoing projects in this area and to report the results to the 19th ASEAN Labour Ministers Meeting, including recommendations on future thrusts and the need for regional mechanisms to coordinate cooperation on skills development. 15. The Ministers also noted with satisfaction the progress accomplished by another cost-shared initiative of ASEAN, namely, the ASEAN Occupational Safety and Health Network (ASEAN-OSHNET). The Ministers commended the ASEAN-OSHNET on its spirit of self-reliance and commitment in implementing a majority of the projects under the ASEAN-OSHNET Plan of Action for 2000-2004, mainly on a cost-sharing basis among the ASEAN-OSHNET members. The Ministers expressed sincere appreciation to Indonesia for the pioneering step taken in operationalising the ASEAN-OSHNET Plan of Action and in hosting the ASEAN-OSHNET Secretariat for the period 2000-2004. The Ministers noted that Malaysia would be assuming responsibilities of hosting the ASEAN-OSHNET Secretariat for the period 2004-2007. 16. The Ministers noted the steady progress of the ASEAN Programme on Industrial Relations which had completed its second year of implementation, supported by Japan. The Ministers looked forward to the preparation of a regional framework of collaboration for sound and harmonious industrial relations in ASEAN, addressing priorities such as labour management, wages and productivity, and industrial relations in the light of globalisation and trade liberalisation. 17. The Ministers registered a note of thanks to ASEAN Dialogue Partners such as Australia, the

Bandar Seri Begawan, Brunei Darussalam, 13-14 May 2004


1. The Eighteenth ASEAN Labour Ministers Meeting was convened from 13 to 14 May 2004 in Bandar Seri Begawan, Brunei Darussalam, preceded by the 3rd Senior Labour Ofcials Meeting held from 10 to 11 May 2004. 2. The Meeting was ofcially opened by His Majesty Sultan Haji Hassanal Bolkiah Muizzaddin Waddaulah, the Sultan and Yang Di-Pertuan of Brunei Darussalam. In his Keynote Address, His Majesty Sultan Haji Hassanal Bolkiah Sultan and Yang Di-Pertuan of Brunei Darussalam welcomed the ASEAN Labour Ministers and their delegations to Brunei Darussalam. His Majesty noted that recent years had brought a great many new challenges to ASEAN which caused ASEAN to rethink many of its approaches to regional and economic development, regional stability and regional security. His Majesty expressed condence in the judgment of the Ministers and their awareness of the impact that their decisions would have upon the lives of the 500 million citizens of ASEAN, especially in terms of the development, well-being and condence of the labour force whom they represent. 3. His Majesty congratulated the ASEAN Labour Ministers on their many initiatives which proposed comprehensive approaches to the vital questions of Human Resource Development and sufcient sustainable employment. His Majesty stressed the need for workers to acquire multiple skills in order to adjust to all the changes brought about by globalisation. In spite of the many difculties facing the ASEAN countries and the extreme diversity of the region, His Majesty called upon the Ministers to address the need for action that would provide real benets to the day-to-day lives of ASEAN people. His Majesty urged the Ministers to cooperate and co-ordinate closely with their colleagues in the public and the private sector, particularly businessmen and women. 4. His Majesty emphasised the need for ASEAN to be able to provide its citizens with the security that would enable them to live peaceful, stable and purposeful lives, whilst being able to regard the future with hope and condence. Finally, His Majesty expressed his belief that the single overriding task of Ministers was to plan a future where the ASEAN people could provide for themselves and their families with hope and dignity. 5. The Meeting was attended by Ministers responsible for labour from ASEAN Member Countries. The ASEAN Secretariat was also in attendance. ASEAN Labour Ministers held consultations with their counterparts from China, Japan and the Republic of Korea in the afternoon of 14 May 2004. The list of ASEAN Ministers responsible for labour and their East Asian counterparts is attached. 6. His Excellency the Honourable Pehin Dato Isa Ibrahim, Special Adviser to His Majesty the Sultan and Yang Di Pertuan of Brunei Darussalam at the Prime Ministers Ofce, and Minister of Home Affairs of Brunei Darussalam, and His Excellency Mr. Nim Thoth, Secretary of State, Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation of Cambodia were elected Chairman and Vice-Chairman of the Meeting, respectively. The Labour Factor in Achieving a Community of Caring Societies 7. High on the agenda of the 18th ASEAN Labour Ministers Meeting was the need for ASEAN labour cooperation to continue responding effectively to the opportunities and challenges of globalisation and closer economic integration, in line with the ASEAN Labour Ministers Vision and Mission Statement adopted by the 14th ASEAN Labour Ministers Meeting in May 2000. The Ministers were heartened to note that the Declaration on ASEAN Concord II (Bali Concord II) adopted by the 9th ASEAN Summit held in October 2003 in Bali, Indonesia, highlighted the link between ASEANs economic and social agendas, by committing to ensure that ASEANs work force shall be prepared for, and benet from, economic integration by investing more resources for basic and higher education, training, science and technology development, job creation, and social protection. 8. ASEAN Labour Ministers expressed their commitment to address the priorities outlined for the ASEAN Socio-Cultural Community as the social pillar of the Bali Concord II, in particular the development of human resources as a key strategy for employment generation, and to ensure economic growth with equity. The Ministers reiterated their commitment to address the 9th ASEAN Summits directive to continue existing efforts to promote regional mobility and mutual recognition of professional credentials, talents, and skills development and to continue in their quest to reduce unemployment in the region, in

242
ASEAN Documents Series 2004 ASEAN Documents Series 2004

243

Peoples Republic of China, Japan, the Republic of Korea, and others such as the International Labour Organisation (ILO) and the ASEAN Foundation, for assisting ASEAN to address its priority projects on labour. ILO Matters 18. ASEAN Labour Ministers noted with satisfaction the pledge made by Myanmar for continued cooperation with the ILO in her efforts to abolish forced labour practices. The Ministers were also optimistic that the remaining obstacles between Myanmar and the ILO could soon be removed and pave the way for the full implementation of the Joint Plan of Action. 19. The Ministers were pleased to note the followup undertaken by the ASEAN Secretariat and the ILO in response to the specic recommendations of the ASEANILO Joint Review Mission conducted in January 2003, which the 17th ASEAN Labour Ministers Meeting in May 2003 had agreed could serve as a guide for future ASEANILO collaboration. The Ministers noted in particular that an activity to address the Joint Reviews specic recommendation on assessing the labour impact of AFTA implementation had been prioritised for implementation in 2004 as a cost-shared ASEAN-ILO initiative. The Ministers looked forward to learning more of the ndings of the ASEAN-ILO Joint Study on Labour and Employment Impacts of AFTA. The Ministers also noted with appreciation the ILOs offer to assist ASEAN implement activities addressing priorities such as HIV/AIDS in the workplace and on youth employment.

20. The Ministers also noted that their Senior Labour Ofcials had continued the momentum established in 2003 for focused and constructive exchange of views with ILO representatives. 21. The Ministers welcomed the Report of the World Commission on the Social Dimension of Globalisation. The Ministers instructed their Senior Ofcials and the ASEAN Secretariat to further study the implications of the Report and to propose appropriate follow-up actions on the recommendations which may have particular relevance to regional integration in ASEAN. Acknowledgement 22. The delegations of Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam expressed their deep appreciation to the Government and the people of Brunei Darussalam, particularly the Ministry of Home Affairs, for the warm and generous hospitality extended to the delegations and the excellent arrangements made for the Meeting. The Ministers also acknowledged with appreciation the valuable assistance and support of the ASEAN Secretariat for the success of the Meeting. 23. The Ministers agreed that the 19th ASEAN Labour Ministers Meeting would be held in May 2006, at a date and venue to be conrmed in consultation among the ASEAN countries. 24. The Meeting was held in the traditional spirit of ASEAN solidarity and cordiality.

Joint Statement of the ASEAN Plus Three Labour Ministers Meeting


Bandar Seri Begawan, Brunei Darussalam, 14 May 2004
1. The ASEAN Plus Three Labour Ministers Meeting was convened in Bandar Seri Begawan, Brunei Darussalam, on 14 May 2004, in conjunction with the 18th ASEAN Labour Ministers Meeting. This was their fourth such meeting since ASEAN Plus Three Labour Ministers rst met in May 2001. The ASEAN Plus Three Labour Ministers Meeting was preceded by an ASEAN Plus Three Senior Labour Ofcials Meeting on 12 May 2004. 2. The Meeting was attended by Ministers responsible for labour from ASEAN Member Countries, the Peoples Republic of China, Japan and the Republic of Korea, and their respective delegations. The ASEAN Secretariat was also in attendance. The list of the ASEAN Plus Three Labour Ministers is attached. Working Together Towards A Secure, Dynamic and Caring Region 3. ASEAN Labour Ministers informed their Plus Three counterparts of the current activities and planned initiatives to respond to the opportunities and challenges brought about by globalisation and economic liberalisation. The ASEAN Plus Three Ministers recalled that when they rst met in May 2001, the priorities of the ASEAN Labour Ministers Vision and Mission Statement, as encapsulated in the ASEAN Labour Ministers Work Programme, given its emphasis on strengthening human resources in the context of closer economic integration and globalisation, continues to be relevant. 4. The ASEAN Plus Three Labour Ministers recalled that the Joint Statement on East Asia Cooperation, adopted in November 1999, had called for heightened cooperative efforts in social and human resources development, to alleviate economic and social disparities within and among East Asian countries. In the spirit of the Joint Statement on East Asia Cooperation, the Ministers agreed to continue the existing momentum of ASEAN Plus Three cooperation established in the eld of labour and human resource development. 5. The Plus Three Ministers noted with interest that the 9th ASEAN Summit held in October 2003 in Bali, Indonesia had adopted the Declaration on ASEAN Concord II (Bali Concord II) where the link between ASEANs economic and social agendas was highlighted. The Plus Three Ministers noted ASEAN Plus Three Initiatives for Labour 7. The ASEAN Plus Three Labour Ministers recalled the pledge made at their meeting held in May 2003 in Mataram, Indonesia, to follow up on the employmentrelated measures recommended by the ASEAN Leaders at the Special ASEAN Leaders Meeting on SARS on 29 April 2003 in Bangkok, Thailand. In this regard, the Ministers were pleased to note the recommendations of the Special ASEAN+3 Senior Labour Ofcials Meeting on SARS, held from 2 to 3 July 2003 in Manila, Philippines. The Ministers expressed appreciation to the Philippines for hosting and organising the Special Meeting. The Ministers welcomed the joint initiatives proposed by the Special Meeting to address the impact of SARS on labour and employment, as well as emerging communicable diseases, particularly through maintaining vigilance in the area of occupational safety and health, and developing national and regional policies on SARS prevention and control at the workplace through tripartite efforts. ASEAN-China 8. The ASEAN Ministers thanked China for promoting the sharing of experience on strengthening social security and social protection, through the implementation of a series of annual China-ASEAN High-Level Seminars starting in 2001. The ASEAN Ministers were of the view in particular the Bali Concord IIs commitment to ensure that ASEANs work force would be ready for, and benet from, economic integration by investing more resources for basic and higher education, training, science and technology development, job creation, and social protection. 6. The Plus Three Ministers echoed the sentiments of the Leaders of China, Japan and the ROK who had expressed their strong support for the Bali Concord II as a solid platform to achieve an ASEAN Community based on political security, economic and social-cultural cooperation The Plus Three Ministers expressed their interest to explore opportunities for collaboration with the ASEAN Labour Ministers to address priorities for developing and enhancing human resources as a key strategy for generating employment, alleviating poverty and socio-economic disparities, and ensuring economic growth with equity.

List of ASEAN Labour Ministers or Their Representatives attending the 18th ASEAN Labour Ministers Meeting, Bandar Seri Begawan, 13-14 May 2004 H.E. Pehin Dato Isa Dato Ibrahim, Special Advisor to His Majesty the Sultan Yang Di-Pertuan of Brunei Darussalam at the Prime Ministers Ofce and Minister of Home Affairs, Brunei Darussalam; H.E. Nim Thoth, Secretary of State of Social Affairs, Labour, Vocational Training and Youth Rehabilitation, Cambodia; H.E. Tjepy F. Aloewie, Secretary General, Ministry of Manpower and Transmigration, Indonesia; H.E. Somphanh Phengkhammy, Minister of Labour and Social Welfare, Laos; H.E. Datuk Wira Dr. Fong Chan Onn, Minister of Human Resources, Malaysia; H.E. U Tin Winn, Minister of Labour, Myanmar; H.E. Manuel G. Imson, Undersecretary of Department of Labour and Employment, Philippines; H.E. Dr. Ng Eng Hen, Acting Minister for Manpower, Singapore; H.E. Uraiwan Thienthong, Minister of Labour, Thailand; H.E. Dr. Nguyen Luong Trao, Vice Minister of Labour, Invalids and Social Affairs, Viet Nam.

244
ASEAN Documents Series 2004 ASEAN Documents Series 2004

245

that the High-Level Seminars were benecial for ASEAN Member Countries and China in exchanging experiences in the eld of labour and social security, given the accelerating pace of economic liberalisation in the region. ASEAN-Japan 9. The ASEAN Ministers expressed sincere appreciation to the Government of Japan for its support to implement the three-year ASEAN Programme on Industrial Relations which had now completed its second year of activities. The ASEAN Ministers also thanked Japan for its proposal on the ASEAN-Japan Collaboration Programme for Strengthening the Basis of Human Resources Development in CLMV (20042007). The ASEAN Ministers looked forward to greater opportunities to work with Japan to facilitate partnerships and collaboration in HRD under this project. The ASEAN Ministers also welcomed the inclusion of labour-related activities in the ASEAN-Japan Plan of Action adopted by the ASEAN-Japan Commemorative Summit in December 2003. ASEAN-Republic of Korea (ROK) 10. The ASEAN Ministers also registered their thanks and appreciation to the Republic of Korea (ROK) for its continued assistance in implementing the annual Human Resources Development Programmes for Ofcials of ASEAN Countries. The Ministers noted the HRD Programme for 2004 addresses the priority area on HRD and Labour Market Monitoring under the ASEAN Labour Ministers Work Programme. Other Projects 11. The ASEAN Plus Three Labour Ministers welcomed Japans proposal to convene the Asian Conference on the Future of Youth in December 2004, with the aim of facilitating sharing of experience on youth employment concerns and challenges in the region. The Ministers noted that youth employment is an important concern for all the ASEAN+3 countries and that the Conference would also be

of interest to the ASEAN Ministers responsible for youth. The Ministers agreed to ensure the active participation of their countries at the Conference. 12. ASEAN Ministers thanked the Peoples Republic of China, Japan and the Republic of Korea for supporting activities on human resources development and noted that the activities had made important contributions to addressing the HRD and skills training needs of ASEANs newer members. The Ministers looked forward to further opportunities for collaboration. ILO Matters 13. The ASEAN Plus Three Ministers had an exchange of views on the issues to be addressed at the 92nd International Labour Conference (ILC), including the proposal for a revised Recommendation on Human Resource Development and Training, the proposed General Discussion on Migrant Workers, and the Report of the World Commission on Social Dimensions of Globalisation. The Ministers also noted the importance of supporting the work of the Asia-Pacic Group (ASPAG) to prepare for the ILC and other ILO meetings. Acknowledgement 14. The Ministers and their delegations from Cambodia, the Peoples Republic of China, Indonesia, Japan, the Republic of Korea, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam expressed their deep appreciation to the Government and the people of Brunei Darussalam for the generous hospitality extended to the delegations and the excellent arrangements made for the Meeting. The Ministers also registered their sincere appreciation to the ASEAN Secretariat for its valuable contributions to the success of the Meeting. 15. The Ministers looked forward to further share and exchange views on matters concerning labour, employment and HRD in the East Asian region, at their next meeting to be held in conjunction with the 19th ASEAN Labour Ministers Meeting in 2006.

List of ASEAN + 3 Labour Ministers or Their Representatives attending the ASEAN + 3 Labour Ministers Meeting, Bandar Seri Begawan, 14 May 2004 H.E. Pehin Dato Isa Dato Ibrahim, Special Advisor to His Majesty the Sultan Yang Di-Pertuan of Brunei Darussalam at the Prime Ministers Ofce and Minister of Home Affairs, Brunei Darussalam; H.E. Nim Thoth, Secretary of State of Social Affairs, Labour, Vocational Training and Youth Rehabilitation, Cambodia; H.E. Tjepy F. Aloewie, Secretary General, Ministry of Manpower and Transmigration, Indonesia; H.E. Somphanh Phengkhammy, Minister of Labour and Social Welfare, Laos; H.E. Datuk Wira Dr. Fong Chan Onn, Minister of Human Resources, Malaysia; H.E. U Tin Winn, Minister of Labour, Myanmar; H.E. Manuel G. Imson, Undersecretary of Department of Labour and Employment, Philippines; H.E. Dr. Ng Eng Hen, Acting Minister for Manpower, Singapore; H.E. Uraiwan Thienthong, Minister of Labour, Thailand; H.E. Dr. Nguyen Luong Trao, Vice Minister of Labour, Invalids and Social Affairs, Viet Nam; H.E. Wang Dongjin, Vice Minister of Labour and Social Security, China; H.E. Takashi Tanihata, Senior Vice-Minister of Health, Labour and Welfare, Japan; H.E. Park Kilsang, Vice Minister of Labour, Korea.

246
ASEAN Documents Series 2004 ASEAN Documents Series 2004

247

SOCIAL DEVELOPMENT

of the 7th

Declaration ASEAN Health Ministers Meeting


Health Without Frontiers
Penang, Malaysia, 22 April 2004

CONSCIOUS of our crucial role in strengthening and coordinating joint initiatives among ASEAN and like-minded countries in order to be prepared for challenges caused by diseases that discriminate neither borders nor societies; DO HEREBY DECLARE OUR RESOLVE to ensure health for our peoples, regardless of gender, race, religion, language or social and cultural backgrounds, by addressing the health challenges and opportunities of an increasingly borderless and interconnected world through the following priorities to address globalisation, ght the transboundary spread of disease and to improve access to health care by promoting safe, effective and quality traditional medicine/ complementary and alternative medicine: Preparing for the Challenges and Opportunities of Globalisation and Trade Liberalisation 1. The 9th ASEAN Summit decision to accelerate the integration of eleven priority sectors, including health care services, will present opportunities and challenges for the health sector. While the accelerated liberalisation of trade in goods and services will enhance the regions competitiveness and realise welfare gains for our peoples in the long run, we shall ensure that access to affordable health care is not undermined in the short term. 2. We are pleased to note that the programme of action to address the impact of trade liberalisation on the health sector which was adopted by 5th ASEAN Health Ministers Meeting in 2000, continues to be relevant, especially with regard to the ongoing work to assess the potential impact of globalisation and international trade agreements such as Trade-Related Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS); monitor the health of vulnerable groups in ASEAN countries; develop strategies for ASEAN to strengthen capacity and competitiveness in health-related products and services; work towards gradual harmonisation of standards and regulations for health services; ensure greater coordination with policy makers in the trade sector; enhance human resources for health in the area of globalisation and trade liberalisation; and formulate an ASEAN food safety policy. 3. We agree that joint activities be developed to address the recommendations of the Commission on Macroeconomics and Health and to monitor the healthrelated Millennium Development Goals in collaboration with WHO and other related UN bodies, as part of our efforts to ensure that health policies will be equitable and pro-poor. Regional Collaboration to Respond to Diseases 4. The prevention and control of diseases is a very important foundation in our efforts towards realising our vision of Healthy ASEAN 2020. We recognise that diseases

spread across borders and that any effort to combat diseases must involve cooperation among countries. 5. We are committed to strengthening the national infrastructure for disease control, by allocating resources commensurate with the need to strengthen national and ASEAN regional capacity for early warning and rapid response to disease outbreaks. We recognise the important role of health ministers in leading the national response for building capacity for disease control. We shall ensure that our national focal points for disease control are given the needed resources to implement the ASEAN+3 Emerging Infectious Diseases (EID) Programme. 6. We have learned from the experience of the SARS outbreak in April 2003, and more recently, the avian u threat which occurred in early 2004, that our societies are vulnerable to any outbreaks of emerging, as well as resurging infections. To better protect our peoples from such dangers in the future, and also contribute to health and security of the region, we adopted in June 2003 the Framework ASEAN+3 Action Plan on Prevention and Control of SARS and Other Infectious Diseases. 7. We commend the dedication of the ASEAN Experts Group on Communicable Diseases (AEGCD) in further developing the FrameworkASEAN+3Action Plan on Prevention and Control of SARS and Other Infectious Diseases into the ASEAN+3 Emerging Infectious Diseases (EID) Programme which is an integrated action plan and implementation strategy to increase the effectiveness of regional surveillance, early warning and response to emerging and resurging infections, thus helping to reduce the economic, social and disease burden from emerging and resurging infections that threaten the region. We appreciate the support and assistance provided by the Australian-ASEAN Development Cooperation Programme (AADCP) in facilitating our efforts to develop the Programme. We also call on the AEGCD to work closely with the WHO in avoiding duplication of work. 8. We endorse the Phase I Workplan of the ASEAN+3 EID Programme, and note with interest that the Programmes components will strengthen the institutional capacity of ASEAN to coordinate equitable and effective implementation of the programme, and also strengthen regional and national capacity in the following: epidemiological surveillance, early warning and response to emerging and resurging infections; national and regional laboratories in routine diagnostics, laboratory-based surveillance, and rapid response; and relevant regional networks to meet the needs of ASEAN and Member Countries in disease surveillance and response.

WE, the Ministers of Health of ASEAN Member Countries, representing Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam; REAFFIRMING the vision of ASEAN as a concert of Southeast Asian nations, outward looking, living in peace, stability and prosperity, bonded together in partnership in dynamic development and in a community of caring societies, as enunciated by the 2nd ASEAN Informal Summit held in Kuala Lumpur, Malaysia in December 1997; RECALLING our vision of Healthy ASEAN 2020 adopted at the 5th ASEAN Health Ministers Meeting held in April 2000 in Yogyakarta, Indonesia, which envisioned by 2020 that health shall be at the centre of development and ASEAN cooperation in health shall be strengthened to ensure that our peoples are healthy in mind and body, and living in harmony in safe environments; COMMITTING to ensure that ASEAN will continue to be a driving force for regional action in promoting healthy lifestyles as agreed by the 6th ASEAN Health Ministers Meeting held on 15 March 2002 in Vientiane, Lao PDR; ENDEAVOURING to put into operation the call made by our Leaders at their 9th Summit held in Bali, Indonesia in October 2003 to further strengthen cooperation among the health and other relevant agencies to promote and facilitate the exchange and sharing of information as well as strengthen early warning systems to deal with and prevent the spread of SARS and other diseases; RESPONDING also to the renewed commitment expressed by the 9th ASEAN Summit that ASEAN shall further intensify cooperation in the area of public health, including the prevention and control of diseases such as HIV/AIDS and SARS, and the maintenance of health and well-being, and support joint regional actions to increase access to affordable medicines; NOTING that the ASEAN Economic Community, envisioned by the ASEAN Leaders at their 9th ASEAN Summit held in

October 2003 in Bali, Indonesia, is the end goal of economic integration where there is a free ow of goods, services, investment and a freer ow of capital, equitable development and reduced poverty and socio-economic disparities by the year 2020; AWARE that the vision of a stable and secure ASEAN Community can be realised only when our peoples enjoy optimum health, are protected from the spread of diseases, and are ensured of timely and adequate protection against communicable diseases, including those of a zoonotic nature such as avian inuenza; SEEKING to build on the gains brought about by close collaboration among ASEAN and its East Asian neighbours in addressing the spread of Severe Acute Respiratory Syndrome (SARS), in particular the commitment of the Special ASEAN Leaders Meeting and the Special ASEAN-China Leaders Meeting on SARS held in Bangkok, Thailand, on 29 April 2003, and the Special ASEAN + 3 Health Ministers Meetings on SARS convened in April and June 2003 in Kuala Lumpur, Malaysia and Siem Reap, Cambodia, respectively; MINDFUL of the role and contribution of safe, effective and quality traditional medicine/ complementary and alternative medicine in the promotion of health, and in the prevention, diagnosis, treatment and management of diseases, and in the rehabilitation process, especially in the ASEAN countries and their East Asian neighbours; RECOGNISING that ASEAN countries possess an abundance of untapped and newly discovered medicinal plants and other natural products, as well as indigenous traditional and complementary knowledge and practices which have evolved from different ethnological, cultural, geographical, philosophical backgrounds, and passed on from generation to generation; ENCOURAGED by the shared tropical biodiversity and similar historical background of traditional medicine in ASEAN and the shared awareness of the need for closer collaboration in integrating traditional and complementary medicine into the healthcare systems as well as to seek global recognition for our regions wealth of resources in this area;

9. The Phase I Workplan of the ASEAN+3 EID Programme should explore the possible use of a regional

248
ASEAN Documents Series 2004 ASEAN Documents Series 2004

249

agreement to institutionalise the regional monitoring, reporting and response to outbreaks of communicable diseases, especially by standardising procedures, protocols and institutional arrangements. The ASEAN+3 EID Programme should include the participation of animal health experts and also facilitate linkages between regional networks on public and animal health. 10. We appreciate the collaboration of our partners from China, Japan and the Republic of Korea in our efforts to prevent and control transboundary diseases, such as SARS and highly pathogenic avian inuenza. We are convinced that sharing of information, knowledge, expertise and experience will enhance national, regional and international capability in combating this threat. We thank China for organising the China-ASEAN Special Meeting on the Control of Highly Pathogenic Avian Inuenza held on 2 March 2004 in Beijing, China, and commit ourselves to implement the Meetings recommendations. 11. We are greatly encouraged to note the progress of ASEAN+3 initiatives that commenced in 2003 under the overall framework for action agreed to by the Special ASEAN+3 Health Ministers Meeting on SARS held in Siem Reap, Cambodia from 10-11 June 2003 which includes components such as ASEAN+3 Strengthening of Laboratory Capacity and Quality Assurance for Disease Surveillance (coordinated by Malaysia), ASEAN+3 Epidemiological Network (coordinated by Thailand), and ASEAN Disease Surveillance.net (coordinated by Indonesia). We are condent that these initiatives will prove to be effective surveillance and response mechanisms in preventing and controlling emerging infectious diseases. 12. We also commend the work of the ASEAN Task Force on AIDS in following up on the implementation of the 7th ASEAN Summit Declaration on HIV/AIDS and the ASEAN Work Programme on HIV/AIDS Phase II (2002-2005) (AWPII). We note that the work of the Task Force in the past two years has succeeded in mobilising resources for the high priority regional activities to increase access to affordable medicines, reduce the HIV vulnerability of migrant workers, anticipating the impact of HIV/AIDS on development, reduce stigma and discrimination towards people living with HIV/AIDS, including support for programmes on national prevention, surveillance and treatment, care and support. We express our gratitude to UNAIDS, WHO, UNICEF, the UNDP , the Government of Japan, the Rockefeller Foundation, and the United States for their support in helping ASEAN implement the priority activities and invite other partners to collaborate with us in further implementing the ASEAN Work Programme on HIV/AIDS II. We also appreciate the contributions of the Global Fund for AIDS, TB and Malaria for the support provided to Member Countries in ghting communicable diseases. 13. We are concerned that tuberculosis, malaria and dengue fever continue to be leading communicable diseases in some ASEAN countries. We commit ourselves to strengthen efforts to prevent and control tuberculosis, malaria and dengue

fever, with special focus on mobile populations, cross-border notication, and the surveillance of antimicrobial resistance, in collaboration with ASEAN Dialogue Partners, the WHO and other international organisations. ASEAN+3 Framework of Cooperation on Integrating Traditional Medicine/Complementary and Alternative Medicine into National Healthcare Systems 14. We are also aware that in our countries traditional medicine (TM) as well as complementary and alternative medicine (CAM) are at times the most widely available and affordable source of health care. At the same time, TM/ CAM is also emerging as an alternative approach to health care, particularly in health promotion and rehabilitation of diseases. We recognise that there is a need to create a platform for cooperation and sharing of information among ASEAN+3 countries to ensure the safe, effective, and rational use of TM/CAM in our healthcare systems. 15. We note with appreciation the initiative undertaken by our health ofcials and experts in convening an ad hoc working group meeting on traditional medicine/ complementary and alternative medicine, to formulate a future course of action in working towards integrating appropriate TM/CAM into the national healthcare systems. By doing so, we hope to establish strategic partnerships among the ASEAN+3 countries, other countries, and international agencies, in this endeavour. We look forward to the possible establishment of an ASEAN Working Group Meeting on this subject. 16. We welcome the formulation of an ASEAN+3 Framework of Cooperation on Integrating Traditional Medicine/Complementary and Alternative Medicine into National Healthcare Systems, which will serve as a guide for ASEAN+3 countries in policy formulation and programme development for safe, effective and quality TM/ CAM, covering areas such as research and development to support evidence-based practices; registration of qualied practitioners and quality products; training and accreditation of practitioners; regulation and legislation; information sharing and protection of intellectual property rights, and protection against bio-piracy. 17. We believe that with this Framework, the countries and ASEAN+3 cooperation in various activities related to TM/CAM will encourage the use of evidence-based TM/ CAM practices. This cooperation would also facilitate environments conducive to the rational use of TM/CAM, thus enabling and encouraging individuals, families, and communities to make appropriate choices in comprehensive treatment plans throughout their lifespan. 18. We encourage ASEAN countries to support the Frameworks implementation so that appropriate TM/CAM practices would be continuously evaluated and integrated into healthcare policies with regulations suited to each

national health system. We shall ensure that our peoples are assured of safe, effective and quality TM/CAM, having maximum opportunities to access TM/CAM, and also enhance their awareness in this area. We will involve practitioners and providers, including TM/CAM, industries, non-prot and professional organisations and the private sector as well as families, communities and civil society organisations as key partners in promoting safe, effective and quality TM/CAM. 19. We hereby pledge our resolve and commitment to bring about a healthy and secure ASEAN Community with

integrated systems of healthcare bringing benets that transcend national boundaries, so that our peoples will be protected from the nefarious impact of diseases and other health challenges. We are condent that our endeavour will be strengthened by existing bonds of cooperation with our partners, as a true illustration of our commitment that knows no borders, drawing upon the wealth of traditional knowledge and resources, and in tandem with our ongoing work for a healthy ASEAN by 2020. DONE in Penang, Malaysia, on this Twenty-Second day of April in the Year Two Thousand and Four.

For Brunei Darussalam

For the Union of Myanmar

Pehin Dato Abu Bakar Apong Minister of Health For the Kingdom of Cambodia

Prof. Dr. Kyaw Myint Minister for Health For the Republic of the Philippines

Dr. Hong Sun Huot Senior Minister and Minister of Health For the Republic of Indonesia

Dr. Milagros L. Fernandez Undersecretary of Health For the Republic of Singapore

Dr. Achmad Sujudi Minister of Health For the Lao Peoples Democratic Republic

Mr. Khaw Boon Wan Minister of Health For the Kingdom of Thailand

Dr. Ponmek Dalaloy Minister of Health For Malaysia

Mr. Yongyoot Wichaidit Vice Minister for Public Health For the Socialist Republic of Viet Nam

Dato Dr. Chua Soi Lek Minister for Health

Prof. Dr. Tran Thi Trung Chien Minister of Health

250
ASEAN Documents Series 2004 ASEAN Documents Series 2004

251

of the 7th

Co-Chairs Statement ASEAN Health Ministers Meeting


22 April 2004

and the 1st ASEAN+3 Health Ministers Meeting


23 April 2004 Penang, Malaysia
1. We, the ASEAN Health Ministers, convened our 7th meeting on 22 April 2004 in Penang, Malaysia, under the theme, Health Without Frontiers. Immediately following the 7th ASEAN Health Ministers Meeting (AHMM), we met with our counterparts from the Peoples Republic of China, Japan and the Republic of Korea on 23 April 2004. We had a very productive exchange of views on future avenues for ASEAN+3 collaboration on health. This was our rst ever ASEAN+3 Health Ministers Meeting, following the decision of the 6th ASEAN Health Ministers Meeting in March 2002 that ASEAN health cooperation would benet from stronger cooperation with China, Japan and the ROK. 2. Our gathering here in Penang could not be more timely, as we are convening our Meetings at a time when ASEAN itself is in the process of assessing the impact of closer regional economic integration on health care services. Health cooperation in the region is now poised at the brink of change and expansion, in an increasingly seamless ASEAN region, following the recommendations made by the 9th ASEAN Summit in October 2003 in Bali, which included the call to accelerate the priority sectors such as health care services, as well as a commitment to further intensify cooperation in the area of public health, including in the prevention and control of infectious diseases, such as HIV/AIDS, SARS and avian u, and support joint regional actions to increase access to affordable medicines. 3. We remain committed to achieve our vision for a Healthy ASEAN 2020 adopted by the 5th ASEAN Health Ministers Meeting in 2000, and reinforced by the movement for promoting healthy ASEAN lifestyles agreed by the 6th ASEAN Health Ministers Meeting in 2002. We also recall that the programme of action we adopted at our 5th Meeting in 2000 to address the impact of globalisation and liberalisation is now even more timely, with the increasing pace of liberalisation. 4. We look forward to joining hands with our partners from China, Japan and the ROK in our continued efforts to ensure health for our peoples, regardless of gender, race, religion, language or social and cultural backgrounds. To address the health challenges and opportunities in a rapidly globalising region where we are more interconnected and interdependent than ever, we will undertake the following priorities to surmount the challenges to health posed by globalisation, ght the transboundary spread of diseases, and strive to place health at the centre of development, so that the health security of our peoples are ensured, through facilitation of access to safe, effective and quality health care, whether allopathic or drawing from the resources of traditional medicine/complementary and alternative medicine. ASEAN+3 Collaboration in Responding to Diseases 5. ASEAN+3 Health Ministers thanked the PRC for sharing the latest developments on a suspected SARS case, and the measures taken to prevent further transmission. This recent report serves as a timely reminder to countries in the region to be constantly vigilant in monitoring communicable diseases. We are condent that the measures taken by the PRC will contribute towards containing the spread of the disease. We pledge to continue to share information and to coordinate our response to such threats, making use of existing mechanisms such as the ASEAN+3 Health Ministers hotline, the ASEAN+3 List of Contact Points for Communicable Diseases, and the ASEAN Disease Surveillance.net website. 6. We note with satisfaction the progress made in establishing collaborative partnerships in the ASEAN+3 countries to effectively respond to emerging infectious diseases. ASEAN+3 collaboration in responding to diseases has steadily gained momentum since the rst time ASEAN+3 countries came together to address the spread of Severe Acute Respiratory Syndrome (SARS) in April 2003, and more recently the avian u. 7. We welcome the preparation of a Phase I Work Plan for the Framework ASEAN+3 Action Plan on Prevention and Control of SARS and Other Infectious Diseases adopted by

the Special ASEAN+3 Health Ministers Meeting on SARS in June 2003, which is now known the ASEAN+3 Emerging Infectious Diseases (EID) Programme. The implementation of the Phase I Workplan will contribute to increasing the effectiveness of regional surveillance, early warning and response to emerging infectious diseases. The programme will provide ASEAN+3 collaboration on health with greater opportunities to share and exchange information, experience and expertise, so that national and regional capabilities can be enhanced in combating threats to our peoples health and security. We will also prepare against future threats of diseases including bio-terrorism in the ASEAN+3 EID Programme with the participation of animal health experts, and also facilitate partnerships among networks in the region on public and animal health. 8. We, the ASEAN Health Ministers, thank the ASEANAustralia Development Cooperation Programme (AADCP) for supporting our efforts to develop and implement the Programme. We also look forward to working closely with WHO. 9. We also commend the work of the ASEAN Task Force on AIDS in following up on the implementation of the 7th ASEAN Summit Declaration on HIV/AIDS and the ASEAN Work Programme on HIV/AIDS Phase II (2002-2005) (AWPII). We note that the work of the Task Force in the past two years has succeeded in mobilising resources for the high priority regional activities to increase access to affordable medicines, reduce the HIV vulnerability of migrant workers, anticipating the impact of HIV/AIDS on development, reduce stigma and discrimination towards people living with HIV/AIDS, including support for programmes on national prevention, surveillance and treatment, care and support. We express our gratitude to UNAIDS, WHO, UNICEF, UNDP, the Government of Japan, the Rockefeller Foundation, and the United States for their support in helping ASEAN implement the priority activities and invite other partners to collaborate with us in further implementing the ASEAN Work Programme on HIV/AIDS II. We also appreciate the contributions of the Global Fund to Fight AIDS, TB and Malaria (GFATM) for the support provided to Member Countries in fighting communicable diseases. Traditional Medicine/Complementary and Alternative Medicine 10. We also noted with interest the deliberations of the Ad Hoc ASEAN Working Group on Traditional Medicine/ Complementary and Alternative Medicine (TM/CAM), where technical resource persons from China, Japan and the ROK also participated actively. We are aware that existing approaches and practices that advocate the safe, effective and rational use of traditional medicine (TM)/complementary and alternative medicine (CAM) in national healthcare systems merit further exploring of

opportunities for cooperation and sharing of information among ASEAN+3 countries in this area, particularly to implement strategies that would facilitate research and development to support evidence-based practices of TM/CAM; registration of qualied TM/CAM practitioners and quality products; training and accreditation of practitioners; regulation and legislation; and protection of intellectual property rights. 11. We welcome and endorse the ASEAN+3 Framework of Cooperation on Integration of Traditional Medicine/ Complementary and Alternative Medicine into National Healthcare Systems, which will serve as a guide for ASEAN+3 countries to put into place appropriate policies and programmes for TM/CAM, and also assist in establishing strategic partnerships among the ASEAN+3 countries, and with other international agencies, particularly WHO. We are condent that ASEAN+3 cooperation in various activities related to TM/CAM will foster environments conducive to the rational use of TM/CAM, thus enabling and encouraging individuals, families, and communities to make appropriate choices in comprehensive treatment plans throughout their lifespan. 12. We will direct our Senior Ofcials to work towards operationalising the Framework so that TM/CAM practices in our countries will be continuously evaluated and integrated into healthcare policies with appropriate regulations suited to each national health system. Deepening East Asia Cooperation on Health 13. With our rst ASEAN+3 Health Ministers Meeting, we have taken a concrete step in consolidating our cooperation and partnership with China, Japan and the Republic of Korea in the area of health. We agree that the ASEAN+3 countries have much to share with, and learn from, each other in pursuing our priorities for shared benets of health among our peoples. 14. We have agreed to give priority to urgent concerns for emerging infectious diseases, for ASEAN+3 cooperation. We have also identied initial areas of focus to develop future joint activities, in areas such as health promotion; primary health care concerns (including technical cooperation and technology transfer, provision of life saving drugs, advocacy, and special care programmes for vulnerable groups); capacity building for health professionals; health care nancing and health care systems development; traditional medicine/complementary and alternative medicine; and food safety. 15. We will also continue with ongoing and planned efforts to address shared concerns for health under ASEANs individual dialogue partnerships with China, Japan and the ROK. The ASEAN side welcomes Chinas interest to develop proposals for activities on

252
ASEAN Documents Series 2004 ASEAN Documents Series 2004

253

communicable diseases (HIV/AIDS, disease surveillance), TM/CAM and capacity-building. Similarly, ASEAN welcomes and affirms participation in the series of ASEAN-Japan High Level Officials Meetings, which aim to build capacity to address emerging concerns for health and social welfare. ASEAN is also committed to furthering the aim of the Regional Programme on Community-Based Care for the Elderly, and looks forward to continued collaboration with the ROK on the

project Home Care for Older People where the ROKs home care model will be shared with ASEAN countries. We commit ourselves to further deepening and broadening ASEAN+3 cooperation on health, building on the existing bonds of East Asia cooperation, to ensure a healthy, secure and quality lifestyle for our peoples, with access to affordable health care and services, living in harmony in a caring and cohesive East Asian community.

Declaration on the Elimination of Violence Against Women in the ASEAN Region


Jakarta, Indonesia, 30 June 2004
The Acting Minister of Foreign Affairs of Brunei Darussalam, the Senior Minister and Minister of Foreign Affairs and International Cooperation of the Kingdom of Cambodia, the Minister for Foreign Affairs of the Republic of Indonesia, the Deputy Prime Minister and Minister of Foreign Affairs of the Lao Peoples Democratic Republic, the Minister of Foreign Affairs of Malaysia, the Minister for Foreign Affairs of the Union of Myanmar, the Secretary of Foreign Affairs of the Republic of the Philippines, the Minister for Foreign Affairs of the Republic of Singapore, the Minister of Foreign Affairs of the Kingdom of Thailand and the Minister of Foreign Affairs of the Socialist Republic of Viet Nam; RECALLING the Declaration on the Elimination of Violence against Women adopted by the United Nations General Assembly in its Resolution 48/104 of 20 December 1993, and the Convention on the Elimination of all Forms of Discrimination Against Women; CONCERNED that violence against women is an obstacle to the achievement of equality, development and peace, as embodied in the Beijing Declaration and Platform for Action adopted in September 1995 by the Fourth World Conference on Women and reiterated in the twenty-third special session of the General Assembly, entitled Women 2000: Gender Equality, Development and Peace for the 21st Century; DESIRING to intensify the aims and purposes of the ASEAN Declaration (Bangkok Declaration) of 1967, the Declaration of ASEAN Concord of 1976, the Manila Declaration of 1987, the Declaration of the Advancement of Women in the ASEAN Region of 1988 and the Ha Noi Plan of Action of 1998; RECOGNISING that violence against women both violates and impairs their human rights and fundamental freedoms, limits their access to and control of resources and activities, and impedes the full development of their potential; DO HEREBY DECLARE THAT: In the context of strengthening regional cooperation, collaboration and coordination for the purpose of eliminating violence against women in the region, each Member Country, either individually or collectively, in ASEAN shall endeavour to fully implement the goals and commitments made related to eliminating violence against women and monitor their progress as follows: 1. To encourage greater regional and bilateral cooperation in the systematic research, collection, analysis and 7. 6. dissemination of data, including disaggregated by sex, age, and other relevant information, on the extent, nature and consequences of violence against women and girls, and on the impact and effectiveness of policies and programmes for combating violence against women; 2. To promote an integrated and holistic approach to eliminate violence against women by formulating mechanisms focusing on the four areas of concerns of violence against women, namely, providing services to fulll the needs of survivors, formulating and taking appropriate responses to offenders and perpetrators, understanding the nature and causes of violence against women and changing societal attitudes and behaviour; To encourage gender mainstreaming to eliminate all forms of violence against women through policies and programmes as well as systems, procedures and processes; To enact and, where necessary, reinforce or amend domestic legislation to prevent violence against women, to enhance the protection, healing, recovery and reintegration of victims/survivors, including measures to investigate, prosecute, punish and where appropriate rehabilitate perpetrators, and prevent revictimisation of women and girls subjected to any form of violence, whether in the home, the workplace, the community or society or in custody; To take all necessary measures to eliminate all forms of discrimination against women and to empower women and strengthen their economic independence and to protect and promote the full enjoyment of all human rights and fundamental freedoms in order to allow women and girls to protect themselves against violence; To intensify efforts to develop and/or improve existing legislative, educational, social measures and support services aimed at the prevention of violence against women, including adoption and monitoring the implementation of laws, the dissemination of information, active involvement with community-based players, and the training of legal, judicial, enforcement ofcers, social workers and health personnel; To strengthen collaboration between and among countries, through bilateral, regional and international

3.

4.

5.

254
ASEAN Documents Series 2004 ASEAN Documents Series 2004

255

cooperation for resource mobilisation and technical exchange programmes, including sharing of best practices and experience in raising awareness, developing advocacy programmes on preventing and tackling violence against women; 8. To support initiatives undertaken by womens organisations and non-governmental and community-

based organisations on the elimination of violence against women and to establish and/or strengthen networking as well as collaborative relationships with these organisations, and with public and private sector institutions. DONE in Jakarta, Indonesia, this Thirtieth day of June in the Year Two Thousand and Four, in one single copy in English.

Beijing Declaration of the Ministers Responsible For Youth of the Association of Southeast Asian Nations and the Peoples Republic of China on ASEAN-china Cooperation on Youth
Beijing, China, 29 September 2004

For Brunei Darussalam

For the Union of Myanmar WE, the Ministers Responsible for Youth representing Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam and the Peoples Republic of China; HAVING gathered in Beijing from 29 to 30 September 2004 for the First ASEAN-China Ministerial Meeting on Youth; RECALLING the Joint Declaration of the Heads of State/ Government of ASEAN and the Peoples Republic of China on strategic partnership for peace and prosperity; ENDEAVOURING to further the commitment relevant to ASEAN-China cooperation on youth highlighted in the Joint Declarations section on social cooperation stating the Leaders commitment to attach importance to and strengthen youth exchanges and cooperation and establish a 10+1 youth ministers meeting mechanism to broaden the base for ever lasting friendship which serves as a blue print for fostering the partnership between ASEAN and China for peace and prosperity; SEEKING to strengthen the gains brought about by and consistent with the Jakarta Declaration of the First AMMY in 1992, the Kuala Lumpur Agenda on ASEAN Youth Development of the Second AMMY in 1997 and the Yangon 2000 Declaration on Preparing ASEAN Youth for the Challenges of Globalisation of the Third AMMY in 2000 and the Manila Declaration on Strengthening Participation in Sustainable Youth Employment of the Fourth AMMY in 2003; REAFFIRMING that young people everywhere are key agents for social change, economic and industrial development, and technological innovation; MINDFUL that ASEAN-China youth which comprises approximately one-third of the world youth population play a signicant role in promoting progress, prosperity and overall economic development of ASEAN and China in the 21st century; DESIROUS to ensure that youth in our region are empowered to take advantage of the opportunities arising from globalisation, trade and investment liberalisation, and information and communication technology; COMMITTED thus to encourage partnerships and links of solidarity between ASEAN and Chinese youth, and to ensure that they are provided with every opportunity to realise their full potential so that their energy and vision can contribute towards promoting peace, cooperation and prosperity in the region and beyond; DO HEREBY DECLARE OUR AGREEMENT to strengthen and coordinate joint initiatives for youth by adopting the following vision and strategies: 1. We envision strong networks of youth leaders and related organisations in ASEAN and China, working together in friendship and harmony for progress and prosperity in the East Asian region. We see our youth empowered to participate meaningfully in our development strategies. Our youth shall be aware of the historical, cultural and traditional values that distinguish our region and shall continue to build on these values in working for the benets of our societies. Their leadership qualities shall be enhanced, their skills and competencies nurtured, their entrepreneurship capabilities encouraged and their integral role recognised in building a peaceful, prosperous and caring community of nations. 2. To achieve our vision, we shall undertake to address concerns mutually shared by ASEAN and China in striving for progress in the situation of youth in our region and for their continued development, by giving priority to joint actions that will: a. Foster and promote greater awareness and understanding of ASEAN and China among the youth through regular focused exchanges which would serve as a viable mechanism to share experiences, address shared challenges/concerns and identify and implement appropriate solutions; Share knowledge and experiences among the concerned agencies and institutions in ASEAN and China on existing training programmes and policies to ensure the youth are provided with the necessary industry-relevant skills training and

Masna Acting Minister of Foreign Affairs

Win Aung Minister for Foreign Affairs

For the Kingdom of Cambodia

For the Republic of the Philippines

HOR Namhong Senior Minister and Minister of Foreign Affairs and International Cooperation For the Republic of Indonesia

Delia Domingo Albert Secretary of Foreign Affairs

For the Republic of Singapore

Dr. N. Hassan Wirajuda Minister for Foreign Affairs

Prof. S. Jayakumar Minister for Foreign Affairs

For the Lao Peoples Democratic Republic

For the Kingdom of Thailand

Somsavat Lengsavad Deputy Prime Minister, Minister of Foreign Affairs

Dr. Surakiart Sathirathai Minister of Foreign Affairs

For Malaysia

For the Socialist Republic of Viet Nam

b.

Datuk Seri Syed Hamid Albar Minister of Foreign Affairs

Nguyen Dy Nien Minister of Foreign Affairs

256
ASEAN Documents Series 2004 ASEAN Documents Series 2004

257

education to nd gainful employment or means of self-employment; c. Facilitate and encourage public-private partnerships that emphasise investing in the youth, thus creating conducive environments for employment and self-employment opportunities for the youth;

programmes, building on the existing momentum of ASEAN regional cooperation on youth. 4. To realise our vision and to further deepen existing collaboration between ASEAN and China on youth development, we shall endeavour to meet once every two years, preferably in conjunction with the AMMY, and informally in between, if necessary. 5. We task our Senior Ofcials to meet at least once every year, in conjunction with the SOMY, to implement the priority strategies identied by this First ASEANChina Ministerial Meeting on Youth, and to report progress regularly at our future meetings. 6. We shall prioritise the implementation of exchange programmes among ASEAN and Chinese youth to further enhance collaborative efforts in the development of the youth in our countries and to cultivate unity and harmony among them. 7. We encourage and welcome partnerships and opportunities to implement mutually shared concerns with like-minded partners from the international community, including relevant regional and international organisations, and the business and private sectors, among others. 8. We hereby pledge our resolve and commitment to forge even closer partnerships for and among our youth, in addressing the call by our Leaders for a region of peace, progress and prosperity, where our young people as the leaders of tomorrow shall have enhanced moral, spiritual and cultural values as a strong foundation for developing their leadership skills, and shall enjoy equal opportunities and access to appropriate education and training, basic social services, and adequate support for transition to work. We are condent that our partnerships will also ensure that the creativity and energy of our youth continue to be nurtured and encouraged, and that the special needs of disadvantaged and vulnerable youth are not neglected. DONE on the Twenty-Ninth Day of September in the Year Two Thousand and Four in Beijing, Peoples Republic of China.

Joint Communiqu of the 4 ASEAN Ministers on Rural Development and Poverty Eradication
th

Singapore, 7 October 2004


1. The Fourth Meeting of the ASEAN Ministers on Rural Development and Poverty Eradication (AMRDPE) was held in Singapore on 7 October 2004. The Meeting was preceded by the Preparatory Senior Ofcials Meeting for the 4th AMRDPE from 4 - 5 October 2004. 2. The Meeting was ofcially opened by His Excellency Prof. S Jayakumar, Deputy Prime Minister and Minister for Law of the Republic of Singapore. In his keynote address, Prof. S Jayakumar emphasised ASEANs desire to forge a social agenda that is focused on poverty eradication and human development. The work of the AMRDPE will therefore play an important role in ASEANs goals for closer integration. He added that it is ultimately employment which will enable poverty to be alleviated. Human capital development through education and skills upgrading will be important for the poor. He noted that in addition to support from their families, the poor depend on their community as support mechanisms when they face difculties. Hence, efforts by government must be complemented by strong, self-reliant communities and their organisations. He also encouraged the formation of an integrated regional coordinating mechanism for poverty reduction and to create self-reliant communities. He congratulated the AMRDPE for its numerous initiatives and urged the AMRDPE to intensify its efforts, remain united and committed to the reduction of poverty in the region. 3. The Meeting was attended by ASEAN Ministers responsible for rural development and poverty eradication or their representatives. The Secretary-General of ASEAN was represented by the Deputy Secretary-General (Functional Cooperation) at the Meeting. The list of the ASEAN Ministers or their representatives is attached. 4. His Excellency Dr. Vivian Balakrishnan, Minister for Community Development, Youth and Sports of Singapore, and Mr. Sakhon Boonkhum, Deputy Permanent Secretary, Ministry of Social Development and Human Security of Thailand representing the Minister for Social Development and Human Security of Thailand, were Chairperson and Vice-Chairperson of the Meeting, respectively. Enabling Self-Reliant Communities 5. The 4th AMRDPE noted that the efforts of the governments alone would not be sufcient to ensure the success of any rural development and poverty eradication process. Apart from encouraging and facilitating the poor and the marginalised community to be self-reliant, the participation and contributions of various organisations would be critical success factors. In sharing their respective experiences on facilitating poverty eradication and selfreliance, the Ministers acknowledged and encouraged the efforts of various sectors in alleviating poverty and noted that there was room for more participation and involvement of the private sector, civil society organisations, and grassroots organisations in the process of poverty reduction both at the national and the ASEAN levels. Their participation and commitment would contribute to the realisation of a Community of Caring Societies envisioned by the ASEAN Leaders in their Vision 2020 statement adopted in November 1997. 6. The Ministers noted the importance of accelerating the implementation of rural development and poverty eradication strategies in ASEAN, within the framework of the United Nations Millennium Development Goals (MDGs). The Ministers also recognised the important role and participation of the local government and/or local stakeholders in this process. 7. The Ministers added that the participation and contributions of Dialogue Partners and interested regional and international organisations in the various ASEAN initiatives would be another modality of achieving a Community of Caring Societies which would in turn contribute towards the growth of more self-reliant communities. 8. The Ministers agreed that ASEAN Member Countries should continue to use SOMRDPE and AMRDPE as platforms for the sharing of initiatives and experiences in encouraging and enabling self-reliance amongst communities in ASEAN. Where relevant, workshops could also be organised to facilitate the sharing. Progress of ASEAN Cooperation on Rural Development and Poverty Eradication 9. The Ministers commended their Senior Ofcials for putting together a comprehensive Framework Action Plan containing strategies to address priorities such as globalisation; narrowing the digital divide; social protection; employment and income generation; partnerships,

d. Facilitate access to credit, markets and business development opportunities, including the establishment of institutions, mechanisms and structures, for ASEAN and Chinese young entrepreneurs; e. Strengthen exchange and cooperation between ASEAN and Chinese young entrepreneurs through joint training programmes for youth in business development and entrepreneurial skills; Foster greater collaboration with non-governmental and community-based organisations to identify the needs of young women and disadvantaged and differently-abled youth (including rural youth as well as out-of-school youth) to access relevant education, training and employment opportunities; and

f.

g. Identify priority activities undertaken by the ASEAN Senior Ofcials Meeting on Youth (SOMY) on ASEAN youth leadership development, and skills training, among other relevant priorities, for joint implementation with China, so as to strengthen exchange and cooperation between ASEAN and Chinese youth in various elds such as human resources development, information and communication technology, culture, education, environmental protection, agriculture, and volunteer services. 3. We shall also jointly undertake, in consultation with the other Plus Three Partners, efforts to promote the establishment of ASEAN Plus Three youth exchange

258
ASEAN Documents Series 2004 ASEAN Documents Series 2004

259

decentralisation, local participation; narrowing the development gap; and exchange of young professionals and volunteers and information. The Framework Action Plan, which would be implemented over the next 6 years, would serve as the key strategic plan for ASEAN to respond to the challenges of poverty alleviation in the face of the changing economic and social environment in the ASEAN region. 10. The Ministers noted that projects have already been initiated to address some of the areas highlighted in the framework. Malaysia, for example, had conducted a regional workshop from 31 May to 2 June 2004 to share best practices on empowering rural communities to utilise ICT as a tool to enhance income. Thailand would also coordinate the implementation of an ASEAN Regional Workshop on rural development and poverty eradication. It would share its experience on the One Tambon One Product initiative, an innovative strategy used to help the depressed economy from the grassroot level, through a full package of rural entrepreneurship promotion that integrates local production and local trade. ASEANs joint programme with World Bank was also assisting ASEAN countries in building capacity to involve greater participation of local communities and stakeholders in poverty reduction endeavours. This was an important contribution to ensure integrated mechanisms for poverty reduction coordination in order to create selfreliant communities, particularly in the case of countries with decentralised structures of government. 11. The Ministers recognised the role of nongovernmental and community organisations participating in the formulation and implementation of national policies and programmes, and looked forward to similar opportunities for collaboration in pursuing regional priorities. AMRDPEs contribution towards a Community of Caring Societies 12. The 4th AMRDPE Meeting emphasised the need for ASEAN cooperation on rural development and poverty eradication to continue to respond effectively to the opportunities and challenges of globalisation and closer economic integration. The Ministers noted that the Declaration on ASEAN Concord II (Bali Concord II) adopted by the 9th ASEAN Summit held in October 2003 in Bali, Indonesia, highlighted the link between ASEANs economic and social agendas. 13. The Ministers stated their commitment to address the priorities outlined for the ASEAN Socio-Cultural

Community as the social pillar of the Bali Concord II, in particular the development of human resources as a key strategy to generate employment, alleviate poverty and socio-economic disparities, and ensure economic growth with equity. The Ministers also expressed their commitment to address the 9th ASEAN Summits directive to foster cooperation in social development aimed at raising the standard of living of disadvantaged groups and the rural population and to seek the active involvement of all sectors of society, in particular women, youth and local communities , as part of the regional effort to realise a strong, secure and self-reliant community of caring societies by the year 2020. 14. The Ministers welcomed the preparation of the Vientiane Action Programme (2004-2010), as an actionoriented agenda for regional cooperation over the next six years. The Ministers noted that the Vientiane Action Programme included priorities that called for regional collaboration in increasing the effective participation of family, civil society and the private sector in tackling poverty and social welfare issues through networking and exchange. The Ministers looked forward to continuing efforts to raise the standard of living of marginalised groups, and to promote approaches that engage these groups in society. 15. As the Vientiane Action Programme was the second in a series of plans to realise the ASEAN Community envisioned by the Leaders, the Ministers noted with satisfaction that the priorities for rural development and poverty eradication identied in the Hanoi Plan of Action (1999-2004) had been addressed. Cooperation with East Asian Partners 16. The Ministers commended the Senior Ofcials and the ASEAN Secretariat for their continued efforts to identify opportunities for closer collaboration with the Peoples Republic of China, Japan and the Republic of Korea in pursuing rural development and poverty eradication priorities for the region. Such collaboration would enrich and enhance ASEANs efforts in poverty reduction. Next Host of AMRDPE 17. The Ministers thanked Thailand for offering to host the Fifth Meeting of the ASEAN Ministers on Rural Development and Poverty Eradication in 2006

List of Ministers or Their Representatives attending the Fourth Meeting of the ASEAN Ministers on Rural Development and Poverty Eradication, 7 October 2004, Singapore H.E. Pehin Dato Adanan Yusof, Deputy Minister for Home Affairs, Brunei Darussalam; H.E. Don Sammuon, Secretary of State, Ministry of Rural Development, Cambodia; H.E. Djoharis Lubis, Deputy Coordinating Minister for Peoples Welfare, Indonesia; H.E. Dr. Ty Phommasack, Vice Minister for Agriculture and Forestry, Lao PDR; H.E. Dato Abdul Aziz Shamsuddin, Minister for Rural and Regional Development, Malaysia; H.E. Col. Thein Nyunt, Minister for Progress of Border Areas and National Races and Development Affairs, Myanmar; H.E. Imelda M Nicolas, Secretary-General and Lead Convenor National Anti-Poverty Commission, Philippines; H.E. Dr. Vivian Balakrishnan, Acting Minister for Community Development, Youth and Sports, Singapore; Mr. Sakhon Boonkhum, Deputy Permanent Secretary, Ministry of Social Development and Human Security, Thailand; H.E. Diep Kinh Tan, Vice Minister, Ministry of Agriculture and Rural Development, Viet Nam

260
ASEAN Documents Series 2004 ASEAN Documents Series 2004

261

Joint Communiqu th of the 5 ASEAN Ministerial Meeting for Social Welfare and Development
Bangkok, Thailand, 16 December 2004
1. We, the ASEAN Ministers responsible for social welfare and development convened the Fifth ASEAN Ministerial Meeting for Social Welfare and Development (AMMSWD) on 16 December 2004 in Bangkok. The meeting was chaired by H.E. Mr. Sora-at Klinpratoom, Minister for Social Development and Human Security of Thailand. 2. The Meeting was ofcially opened by H.E. Mr. Soraat Klinpratoom, on behalf of H.E. Dr. Thaksin Shinawatra, the Prime Minister of Thailand. In the keynote address, H.E. Mr. Sora-at Klinpratoom extended a warm welcome to all ASEAN delegations attending the meeting. He noted that the cooperation and betterment of social welfare and development were among the core elements of the Vientiane Action Programme that would help build the ASEAN Community and enhance a community of caring societies. Thailand realised the importance of the ASEAN Community and also the East Asian Community in successfully meeting the common challenges arising from the impact of globalisation. 3. H.E. Mr. Sora-at Klinpratoom cited some of Thailands successful projects that had raised the quality of life of the Thai people, especially the poor, such as the OTOP (One Tambon One Product) project, the Microfunds, the health insurance scheme and the housing projects. Such projects complemented other efforts to alleviate poverty and had signicantly beneted the social capital of the country. He pointed out that the keys to Thailands success lay in having the right strategies, a holistic approach, people participation and harmony within the socio-cultural context. At regional level, he suggested developing social indicators, regional action plans and conducting research as possible initiatives for future cooperation. Moreover, he cited that even though ASEAN Member Countries were now increasingly relying on a self-help approach and south-south cooperation, ASEAN should also strengthen cooperation with friends and partners, bilaterally and multilaterally, and at both the regional and international levels. The role and contribution of NGOs in social welfare and development should also be recognised and promoted. He offered Thailands full support to help ASEAN achieve a Community of Caring Societies. He believed that with the wealth of knowledge and experience of the Ministers, the 5th AMMSWD would be a fruitful meeting and would achieve its objectives at the country and regional levels. Building a Community of Caring Societies 4. We met under the theme Enhancing a Community of Caring Societies . We exchanged views on developments and emerging issues in the social sector that would have an impact on well-being of the peoples of ASEAN. We noted that social, economic and cultural changes arising from globalisation had added to the complexity of challenges in the social sector, affecting human security. We advocated a people-centred community-based approach to ensure the peoples access to all basic social needs. 5. Guided by ASEAN Vision 2020 and the Bali Concord II, we discussed the AMMSWDs contribution towards realising the ASEAN leaders shared vision of an ASEAN community of caring societies by 2020 in the ASEAN Socio-cultural Community Plan of Action. In this context, we welcomed the Vientiane Action Programme (VAP) adopted by the Tenth ASEAN Summit on 29 November 2004 and pledged to implement the measures contained in the VAP that would help reduce the social risks faced by children, women, the elderly and persons living with disabilities. We also welcomed the VAPs emphasis on the role of the family, civil society and the private sector in tackling social welfare issues. Progress on the ASEAN Work Programme on Social Welfare, Family and Population 6. We were pleased to note that regional cooperation in the social sector had been given a rm footing with the adoption of the ASEAN Work Programme on Social Welfare, Family and Population (2003-2006) by the inaugural ASEAN Senior Ofcials Meeting on Social Welfare and Development held in October 2002 in Siem Reap, Cambodia. 7. In reiterating our rm belief that the family is the fundamental institution of society, we noted with interest that the Work Programme had highlighted the challenges arising from demographic developments in the region, in particular, the implications of the changing structure of the family on its role as a care-giver. In the light of this, we advocated strengthening the family to enable them to take the lead in caring for the young, elderly and vulnerable. 8. We welcomed the convening of the rst ever East Asia Ministerial Forum on the Family held in Ha Noi in April 2004. We noted that the Ha Noi Statement issued by

the Ministerial Forum highlighted priorities for East Asia cooperation in strengthening the families to protect them from negative effects and enable them to face fast and dramatic socio-economic changes. 9. We noted with satisfaction that the Senior Ofcials had prepared an ASEAN statement for the Tenth Anniversary of the International Year of the Family in 2004 and that a Regional Family Forum had been convened in November 2004 in Singapore. 10. We also noted that the workshop on Community Strategies on the Prevention of Domestic Violence in ASEAN had been conducted in October 2003 in Manila and we welcomed the Resolution of the ASEAN Plan of Action against Domestic Violence. We tasked our senior ofcials to work closely with the ASEAN Committee on Women in addressing the issue of violence against women. We also welcomed the signing of the Declaration on the Elimination of Violence Against Women in the ASEAN Region by the ASEAN Foreign Ministers on 30 June 2004. 11. In recognition of the importance of building selfreliant communities, we noted with satisfaction that the Interregional Seminar and Demonstration Regional Workshop on Accessible ICT was conducted in Manila in March 2003 and agreed to submit the recommendations of the workshop as ASEANs input to the proposed Comprehensive and Integral International Convention on Protection and Promotion of Rights and Dignity of Persons with Disabilities . 12. We also reafrmed the need to continuously develop and build the individual and collective capacity to meet the challenges facing the social sector. We acknowledged the contribution volunteers had made to the work of professional social workers, as well as the role of non-governmental and community organisations in the implementation of social welfare policies and programmes. We look forward to future joint government/non-government initiatives and welcomed the proposal from the Senior Ofcials to strengthen ASEANNGO cooperation by convening an ASEAN GO-NGO Forum on Social Welfare and Development that would be held in Bangkok in 2005. 13. We shared the view that ASEAN should build partnerships with organisations like the United Nations Economic and Social Commission for Asia and the Pacic (UNESCAP), the United Nations Population Fund (UNFPA), the United Nations Childrens Fund (UNICEF) and the International Labour Organisation-International Programme on the Elimination of Child Labour (ILO-IPEC) to better address the challenges of the social sector. Child Protection and Cooperation with UNICEF 14. We highlighted the issue of child protection as a major area of concern for ASEAN and recalled the priorities

highlighted in the Declaration of Commitments for Children in ASEAN, adopted by the Fourth Meeting of ASEAN Ministers Responsible for Social Welfare (AMRSW) in August 2001. ASEAN Member Countries had participated in the adoption of Bali Consensus on Partnerships with and for Children in the East Asia and Pacic Region at the Sixth East Asia and Pacic Ministerial Consultation on Children in 2003. We look forward to similar ASEAN participation at the upcoming Seventh East Asia and Pacic Ministerial Consultation on Children in Cambodia in March 2005. To continue the work on child protection, the Philippines invited ASEAN Member Countries to attend the First Regional Conference of National Bodies and Lead Government Agencies for Children in East Asia and the Pacic to be held in Manila in May 2005. 15. We noted with satisfaction that our Senior Ofcials had consolidated pending activities for child protection into a comprehensive project focusing on capacity-building from the perspective of training of personnel across agencies such as police, social workers and health workers, and to ultimately develop a multi-disciplinary framework for child protection and intervention against abuse, violence, exploitation and neglect. 16. We thanked the UNICEF for its support for the development and implementation of the Early Child Care and Development Project which would benet the future generations of ASEAN Member Countries. We agreed that the Senior Ofcials should explore working in partnership with UNICEF to realise ASEANs commitments on child protection. Expanding and Deepening Regional Cooperation 17. We agreed to increase cooperation on emerging social issues/trends, including those with trans-boundary implications, in line with the broad direction laid out by the ASEAN Socio-Cultural Community Plan of Action of the Bali Concord II, and in concert with the priorities of the relevant international instruments. We highlighted the following priorities: Strengthening the social welfare mechanisms to make them more responsive to emerging social issues resulting from globalisation as well as demographic shifts; Strengthening the family as the fundamental institution in building a community of caring society; Preparing for a future with an ageing population structure in the ASEAN region where the elderly are adequately cared for by promoting communitybased support systems to supplement the role of the family as caregiver;

262
ASEAN Documents Series 2004 ASEAN Documents Series 2004

263

Ensure the access of persons with disabilities to opportunities and protection against all form of discrimination; Promoting the welfare of children by safeguarding their rights, ensuring their survival and full development, and protecting them from abuse, neglect and violence; Strengthening the capacity to provide timely social services and basic necessities for vulnerable groups affected by HIV/AIDS and Avian Flu, among others; and Addressing the welfare and social reintegration of women and child victims of human trafcking in the ASEAN region, as highlighted in the ASEAN Declaration Against Trafcking in Persons, Particularly Women and Children, endorsed by the ASEAN Leaders at their Summit Meeting in Vientiane in November 2004.

share their experiences, in order to develop a truly integrated regional approach to social welfare and development; Intensifying existing cooperation within ASEAN, between ASEAN and its Dialogue Partners, and within the ASEAN Plus Three framework (Peoples Republic of China, Japan and the Republic of Korea are the Plus Three partners); and Involving greater participation of civil society and NGOs in assisting ASEAN address social welfare and development priorities.

Joint Statement of the 1 ASEAN Plus Three Ministerial Meeting for Social Welfare and Development
st

Bangkok , Thailand, 17 December 2004


1. We, the Ministers responsible for social welfare and development of ASEAN, the Peoples Republic of China, Japan and the Republic of Korea (ROK) convened the First ASEAN Plus Three Ministerial Meeting for Social Welfare and Development (AMMSWD+3) on 17 December 2004 in Bangkok. The Meeting was co-chaired by H.E. Mr. Sora-at Klinpratoom, Minister of Social Development and Human Security of Thailand and H.E. Mr. Li Xueju, Minister of Civil Affairs of the Peoples Republic of China. 2. At this inaugural meeting, we had a productive exchange of views on developing avenues for ASEAN Plus Three collaboration in the social sector. We agreed that ASEAN Plus Three activities in social welfare and development should bear in mind the direction laid out in the Joint Statement on East Asia Cooperation adopted by the ASEAN Plus Three Informal Summit on 28 November 1999 in Manila. We noted with particular interest that the Vientiane Action Programme (VAP) and ASEAN SocioCultural Community (ASCC) Plan of Action, both adopted by the ASEAN Leaders on 29 November 2004 at the 10th ASEAN Summit in Vientiane, have prioritised building a community of caring societies in ASEAN with attention to measures that would reduce the social risks faced by the elderly and persons with disabilities; increase the effective participation of family, civil society and the private sector in tackling poverty and social welfare issues; and raise the standard of living of marginalised and disadvantaged groups. Priorities of ASEAN Plus Three Cooperation 3. We agreed to develop ASEAN Plus Three cooperation in three key areas, building on ASEANs on-going activities and priorities in social welfare and development. 4. First, we agreed to promote a community of caring societies in East Asia and in this context, we recognised the family as a strong force for social cohesion in East Asian societies. In addition to the family, the community is also a cornerstone for social welfare, providing care for children, the young, women and the elderly. As such, we agreed to promote the regional networking of professional social workers, NGOs and the private sector groups involved in social services education or provision of care. We are looking to develop an exchange programme for social workers of the ASEAN Plus Three countries. We also noted with interest that the ASEAN GO-NGO Forum on social welfare and development to be hosted by Thailand in 2005 would include the participation of interested Plus Three countries. 5. Second, we agreed to focus efforts in developing policies and programmes to address ageing, as well as promote community-based approaches for delivering care and social services to the elderly and the disabled. In this respect, we welcomed the initiative of Thailand to convene an ASEAN Plus Three Symposium on Older Persons to share experiences, lessons and best practices on the issues and concerns of the elderly. This initiative would also help establish strong networks among the social welfare practitioners among our countries. We also noted the merit of developing future ASEAN Plus Three activities on ageing in concert with the recommendations of the Shanghai Implementation Strategy (for the Madrid International Plan of Action on Ageing 2002 and Macao Plan of Action on Ageing for Asia and Pacic 1999), including priorities such as older persons and development; advancing health and wellbeing into old age; and providing enabling and supportive environments. 6. Third, we agreed to give attention to human resource development in the social sector. Recognising the importance of capacity building for social workers in East Asia, we welcomed the Philippines proposal to establish a network for schools of social work. 7. In implementing the ASEAN Plus Three activities in social welfare and development, we strongly encouraged our ofcials to initiate inter-sector cooperation. Activities concerned with the care of the elderly and the disabled would benet greatly from collaboration with the health sector. Existing cooperation with China, Japan and ROK 8. We also noted with satisfaction the on-going cooperation under ASEANs individual dialogue partnerships with China, Japan and the ROK. These include the ASEANChina High Level Seminar on Social Security, the ASEANJapan High Level Meetings on Caring Societies and the ASEAN-ROK Project on Home Care for the Older People in the ASEAN Countries. We discussed the feasibility of expanding some of these activities to include all interested

First ASEAN Plus Three Ministerial Meeting for Social Welfare and Development 19. In anticipation of the upcoming First ASEAN Plus Three Ministerial Meeting for Social Welfare and Development on 17 December 2004, we welcomed the opportunity to broaden and deepen cooperation in the social sector in East Asia. Sixth ASEAN Ministerial Meeting on Social Welfare and Development 20. We expressed our appreciation to Thailand for graciously hosting the Fifth ASEAN Ministerial Meeting for Social Welfare and Development, and to Viet Nam for offering to host the Sixth ASEAN Ministerial Meeting for Social Welfare and Development in 2007. 21. The Fifth ASEAN Ministerial Meeting for Social Welfare and Development was held in the traditional spirit of ASEAN solidarity and cordiality

18. Reiterating the approach of the ASEAN Work Programme on Social Welfare, Family and Population, we requested our Senior Ofcials to address the above priorities through the following: Building capacity in the region to address emerging priorities in the social sector; Conducting research in areas of mutual interest, in particular issues that have an impact on the standard of living and well-being of ASEANs population; Developing and implementing concrete activities and projects on emerging social concerns; Opening up national activities and projects that all ASEAN Member Countries could participate in and

264
ASEAN Documents Series 2004

ASEAN Plus Three Countries, as well as developing new initiatives in the area of social welfare and development under the ASEAN Plus Three framework which would be complementary to the existing activities. 9. We noted and welcomed the offer by China, Japan and the ROK to complement existing activities of ASEAN+3 countries in providing opportunities to develop new collaborative initiatives in social welfare and development.

10. We agreed to meet in Viet Nam in 2007 where we look forward to making further progress on the ASEAN Plus Three initiatives. 11. We expressed our thanks to Thailand for graciously hosting the First ASEAN Plus Three Ministerial Meeting for Social Welfare and Development.

List of Ministers or their Representatives H.E. Pehin Dato Haji Hussain Bin Haji Mohd.Yusof, Minister of Culture, Youth and Sports of Brunei Darussalam; H.E. Ith Sam Heng, Minister of Social Affairs, Veterans and Youth Rehabilitation of Cambodia; H.E. Li Xueju, Minister of Civil Affairs of the Peoples Republic of China; H.E. Bachtiar Chamsyah, Minister of Social Affairs of the Republic of Indonesia; H.E. Seiichi Eto, Senior Vice-Minister of Health, Labour and Welfare of Japan; H.E. Moon Chang Jin, Deputy Minister of Health and Welfare of the Republic of Korea; H.E. Le Kakanhya, Vice Minister of Labour and Social Welfare of the Lao Peoples Democratic Republic; H.E. Dato G. Palanivel K. Govindasamy, Deputy Minister of Women, Family and Community Development of Malaysia; H.E. Major General Sein Htwa, Minister for Social Welfare, Relief and Resettlement of the Union of Myanmar; H.E. Corazon Juliano-Soliman, Secretary of Social Welfare and Development of the Republic of the Philippines; H.E. Yu-Foo Yee Shoon, Minister of State for Community Development, Youth and Sports of the Republic of Singapore; H.E. Sora-at Klinpratoom, Minister of Social Development and Human Security of the Kingdom of Thailand; H.E. Nguyen Thien Truong, Vice Chairman of Commission for Population Family and Children of the Socialist Republic of Viet Nam; Dr. Azmi Mat Akhir, Director of Bureau for Resources Development and Special Assistant to the Secretary-General of ASEAN (Institutional Affairs and Special Duties), the ASEAN Secretariat.

265
ASEAN Documents Series 2004

V. TRANSNATIONAL ISSUES DISASTER MANAGEMENT

Joint Press Release of the ASEAN Ministerial Meeting on Disaster Management


Phnom Penh, Cambodia, 7 December 2004
ASEAN Ministers responsible for disaster management met in Phnom Penh, Kingdom of Cambodia on 7 December 2004, to review and enhance regional cooperation on disaster management. The Ministers acknowledged the usefulness of this inaugural meeting to share national experiences and further strengthen regional cooperation. The Ministerial Meeting was ofciated by H.E. Samdech HUN SEN, Prime Minister of the Royal Government of Cambodia. In his opening address, the Prime Minister noted that this Meeting provides a good opportunity to review each others achievements and identify measures to reduce disasters and to exchange ideas on disaster management at the national and ASEAN regional level. The Prime Minister stressed that disasters are strongly correlated with human development, and therefore developmental efforts should reduce its destructive impacts, and promote the long term sustainability of socio-economic development. The Prime Minister strongly supported the ASEAN principles to assist in reducing losses, damages and suffering caused by disasters, through regional and global cooperation. The Ministers expressed their profound sympathy to the Philippines and its people over the loss of lives and damage to property brought about by the recent typhoons. The Ministers agreed to extend whatever assistance, within their national capacity, to assist the Philippines at this moment of need. The Ministers expressed their commitment to the implementation of the ASEAN Regional Program on Disaster Management which represents ASEANs comprehensive and integrated framework to guide disaster management cooperation among ASEAN Member Countries and with other relevant organizations over the period 2004-2010. The Ministers emphasized the need to respond effectively to assist Member Countries during major disasters and calamities. The Ministers therefore agreed to develop a regional instrument on disaster management and emergency response to enhance disaster management in the region and facilitate cross border movement of assistance. The Ministers emphasized the importance of public awareness, community participation, promoting partnerships and collaboration, and mainstreaming disaster management in the development process. The Ministers therefore agreed to support active participation at the World Conference on Disaster Reduction to be held in Japan in January, 2005 to showcase national and ASEAN regional initiatives. The Ministers also agreed to celebrate ASEAN Day for Disaster Management as part of the International Day for Disaster Reduction on every 2nd Wednesday of October. The Ministers held consultations with relevant organizations to promote collaboration in enhancing disaster management in the ASEAN region. The Ministers expressed their appreciation to the various organizations for actively supporting the work of ASEAN which include Asian Disaster Preparedness Center (ADPC), Asian Disaster Reduction Center (ADRC), Pacic Disaster Center (PDC), International Federation of Red Cross and Red Crescent Societies (IFRC), United Nations High Commission for Refugees (UNHCR), United Nations Childrens Funds (UNICEF), and the United Nations Ofce for the Coordination of Humanitarian Affairs (UN-OCHA).

266
ASEAN Documents Series 2004 ASEAN Documents Series 2004

267

ENVIRONTMENT

implementation of inter-linkages an integrated approaches, where appropriate, to MEAs and other related multilateral instruments; Enhance capacity of ASEAN Member States for effective negotiation and implementation of applicable multilateral environmental agreements by providing support on technical, legal, and other aspects as well as through the facilitation and organization of relevant training workshops; Assist ASEAN Member States in the preparation of the ASEAN State of Environment Reports, particularly in relation to activities on urban environmental trends and conditions, as well as government responses that would impact the urban environment; Enhance the capacity of ASEAN Member States in developing and implementing activities on urban environmental management and governance, including urban ecosystem assessments.

Notwithstanding the above, the Parties may seek to strengthen cooperation in other specic elds of mutual interest. The ASEAN Secretariat and the UNU, through its Institute of Advanced Studies, shall monitor and review the implementation of this Memorandum of Understanding, and submit annual progress reports for the consideration of the ASEAN Senior Ofcials on the Environment and the Rector of UNU. This Memorandum of Understanding shall enter into force on the date of its signing and may be amended or terminated by mutual agreement. IN WITNESS WHEREOF, the undersigned, have signed this Memorandum ofUnderstanding. Done in duplicate, in the English Language, at the UNU Headquarters in Tokyo, Japan, on the 24th day of August in the year Two Thousand and Four.

Memorandum of Understanding the Member States of the Association of Southeast Asian Nations the United Nations University on Sustainable Development
Tokyo, Japan, 24 August 2004
THE Member States of the Association of Southeast Asian Nations (hereinafter referred to as ASEAN Member States) and the United Nations University (hereinafter referred to as UNU), hereinafter referred to collectively as the Parties; Recalling the role of the Association of Southeast Asian Nations (ASEAN) as the regional intergovernmental organization to enhance coordination among the ASEAN Member States in protecting the environment and promoting sustainable development; Recalling also the mandate of UNU as a think tank within the UN system to contribute, through research and capacity development, to efforts to resolve the pressing global problems that are the concern of the United Nations, its Peoples and Member States; Recognizing the common concerns and agreed regional priorities of ASEAN Member States in relation to environmental protection and sustainable development as stipulated in ASEAN Vision 2020 and the Ha Noi Plan of Action, and the mutual contribution such regional efforts makes to national and global sustainable development goals; Highlighting the valuable collaboration to date between the Parties, particularly in enhancing the participation in, and negotiation of Multilateral Environmental Agreements (MEAs), capacity development for implementation of MEAs, promotion of inter-linkages among MEAs at the national and regional levels, and capacity development on integrated approaches to biosafety; Noting the establishment of the ASEAN Working Groups on nature conservation and biodiversity; multilateral environmental agreements, among others, to formulate and implement specic programmes and projects in related areas; and Emphasizing the importance of further strengthening the relationship between the Parties in achieving the above goals and objectives: The Parties have, therefore agreed to collaborate, among others, in the following areas: Exchange information on the state of the global and regional environment, and emerging global environmental issues, and deepen understanding and appreciation of global environmental challenges; Promote regional coordination and collaboration in areas of mutual interest; Enhance the capacity of ASEAN Member States to implement relevant decisions of the World Summit on Sustainable Development 2002, in particular the Johannesburg Plan of Implementation; Promote knowledge, science and technology as important tools for achieving sustainable development, particularly where appropriate, in the context of the ASEAN Environmental Education Action Plan 2000-2005; Enhance the capacity of ASEAN Member States to effectively implement integrated approaches, where appropriate, on natural resource management; biosafety; access and benet sharing of genetic resources; and protected areas and ecosystem management by providing support on technical, legal, and other aspects as well as through the organization of relevant training workshops; Further develop and strengthen national and regional activities on capacity development and

between

And

For ASEAN Member States

For the United Nations University

Ong Keng Yong Secretary-General of ASEAN

J.A. van Ginkel Rector

268
ASEAN Documents Series 2004 ASEAN Documents Series 2004

269

Joint Press Statement of the 8 Informal ASEAN Ministerial Meeting on the Environment and rd the 3 ASEAN Plus Three Environment Ministers Meeting
th

11

TH

Joint Press Release of the ASEAN Ministerial Meeting on Haze


Ha Noi, Viet Nam, 10 November 2004

Singapore, 13-14 October 2004


ASEAN Environment Ministers met at the 8th Informal ASEAN Ministerial Meeting on the Environment on the 13 October 2004, to review and enhance cooperation on regional environmental issues. The ASEAN Environment Ministers also met their counterparts from the Peoples Republic of China, Japan and the Republic of Korea at the 3rd ASEAN Plus Three Environment Ministers Meeting on 14 October 2004, to further enhance environmental cooperation within the framework of ASEAN Plus Three Cooperation. Dr. Yaacob Ibrahim, Minister for the Environment and Water Resources, Singapore, in his Welcome Remarks, emphasized the importance for ASEAN Member Countries to collectively pursue ASEANs goals of achieving sustainable development, as set forth in the ASEAN Vision 2020. In view of the challenges faced by Member Countries and the increasing transboundary nature of environmental problems, he urged Member Countries to intensify and enhance cooperation to address these challenges. Minister Yaacob Ibrahim also urged ASEAN Member Countries to continue to work collectively to realise the Hanoi Plan of Action, which will end this year, and in making sure that the next medium term plan known as the Vientiane Action Programme will further guide ASEAN towards achieving environmental sustainability and the ASEAN Vision 2020. Minister Yaacob Ibrahim also stressed on the need for ASEAN to strengthen environmental cooperation with the Peoples Republic of China, Japan and the Republic of Korea, by learning from and sharing of their best practices. The Ministers discussed, among others, the implementation of the ASEAN Agreement on Transboundary Haze Pollution, following its entry into force on 25 November 2003. The Ministers commended the ASEAN Specialised Meteorological Centre for providing ASEAN Member Countries with timely and informative regional weather reports and forecasts. The Ministers noted the possibility of weak El Nino developing towards the end of the year and early 2005, which may result in drier conditions in the region. The Ministers agreed on the need to remain vigilant and stressed on the importance of taking preventive measures such as stepping up the surveillance, monitoring and enforcement. The Ministers also exchanged views on environmental sustainability challenges in the areas of clean air, clean water and clean land. The Ministers discussed various proposals to promote environmentally sustainable cities in ASEAN including the Conference on Environmentally Sustainable Cities to be held on 14-15 October 2004 in Singapore among ASEAN city managers. The Ministers encouraged more ASEAN best practices to be highlighted. The Ministers discussed Member Countries experiences in developing standards or benchmarks to monitor the performance of Member Countries in achieving environmental sustainability. The Ministers agreed that performance indicators should be scientically developed based on objective criteria. However, the Ministers suggested that these performance indicators should be translated into impact indicators that are easily understood by the public. The Ministers endorsed the ASEAN Agreement on the Establishment of the ASEAN Centre for Biodiversity and agreed to expedite the signing of the Agreement. The Ministers supported the establishment of the ASEAN Environment Fund and agreed to explore the modalities for setting up the Fund. The ASEAN Ministers also held fruitful discussions with their counterparts from the Peoples Republic of China, Japan and the Republic of Korea. The Ministers shared and exchanged information on national and regional cooperation among ASEAN and the Plus Three countries. The ASEAN Ministers expressed appreciation on the current substantial cooperative activities, especially on the consultation visits organised by the Plus Three countries to share their experience on environmental management with the ASEAN countries. The Ministers recognised the synergy of the environmental cooperation among ASEAN Plus Three countries and noted the need to enhance cooperation through more substantial environmental programmes and activities.

ASEAN Ministers responsible for the environment met at the 11th ASEAN Ministerial Meeting on Haze on 10 November 2004, to review and enhance cooperation in addressing land and forest res and the resulting transboundary haze pollution. The Ministers discussed, among others, the implementation of the ASEAN Agreement on Transboundary Haze Pollution, following its entry into force on 25 November 2003. The Meeting noted that seven ASEAN Member Countries (Brunei Darussalam, Lao PDR, Malaysia, Myanmar, Singapore, Thailand and Viet Nam) have ratied the Agreement, and that the three remaining Member Countries (Cambodia, Indonesia and the Philippines) have taken the necessary steps to ratify the Agreement as soon as possible. The Ministers reviewed the issues to be discussed at the 1st Conference of the Parties to the ASEAN Agreement on Transboundary Haze Pollution, which will be convened on 11 November, 2004. The Ministers noted the possibility of a weak El Nino developing towards the end of the year and early 2005, and forecast of drier-than-normal conditions in 2005. The Ministers, therefore, agreed on the need to remain vigilant

and take necessary preventive and mitigation measures to curb land and forest res in the region. The Ministers reviewed the activities of individual ASEAN Member Countries. The Ministers also agreed that Member Countries enhance collaboration in exchanging information and best practices and assist each other in addressing land and forest res. The Ministers also noted the substantial progress on regional collaborative activities, such as the inventory of re-ghting resources, the ASEAN Peatland Management Initiative, publication and dissemination of zero burning and controlled burning practices, early warning information systems, standard operating procedures for monitoring, assessment and joint emergency response, which are available on-line for public information on the ASEAN Haze Action Online website: www.haze-online.or.id. The Ministers expressed their appreciation to the various partners, including the private sector, who have assisted ASEAN Member Countries in their efforts to address land and forest res. The Ministers also agreed that the Twelfth ASEAN Ministerial Meeting on Haze will be held in Indonesia in 2005.

270
ASEAN Documents Series 2004 ASEAN Documents Series 2004

271

IMMIGRATION

LAW AND LEGAL COOPERATION

Joint Press Statement of the 8 Meeting of the ASEAN DirectorsGeneral of Immigration Departments and Heads of Consular Affairs Divisions of the Ministries of Foreign Affairs (DGICM)
th

of the 9

th

Joint Press Statement ASEAN Senior Law Officials Meeting (ASLOM)


Brunei Darussalam, 23-24 August 2004

Bandar Seri Begawan, Brunei Darussalam, 11-13 October 2004


1. The 8th Meeting of the ASEAN Directors-General of Immigration Departments and Heads of Consular Affairs Divisions of the Ministries of Foreign Affairs (DGICM) was held in Brunei Darussalam from 11th to 13th October 2004. It was chaired by Mr. Zainal Abidin Dato Paduka Haji Ahmad, Acting Director of Immigration and National Registration Department, Brunei Darussalam. The Meeting was attended by the ASEAN Heads of Immigration and Consular Affairs Divisions of the Ministries of Foreign Affairs and the ASEAN Secretariat. 2. The Meeting reviewed and considered measures to further accelerate the realization of the Work Programme to implement the ASEAN Plan of Action on Immigration Matters adopted in 2002. 3. Complying with the Bali Concord II and the ASEAN Tourism Agreement, the Meeting agreed to step up efforts in harmonizing the visa issuance procedures, where possible, for foreign nationals traveling into ASEAN. 4. The Meeting welcomed the offer by the Philippines to hold a workshop on Anti Fraud Travel Documents. 5. The Meeting shared the experiences of various delegations in their efforts to improve the effectiveness of immigration management and enhance co-operation on immigration matters among Member Countries. In this regard, the Meeting took note of Member Country reports and welcomed the progress made by several Member Countries on Biometric Passports and the proposal to improve passports in accordance with ICAO standards. 6. The Meeting noted the initiatives made by Member Countries in promoting seamless clearance through the use of Smart Cards. 7. The Meeting welcomed the progress on visa exemption for ASEAN nationals made by Member Countries in line with the Bali Concord II and the draft ASEAN Framework Agreement on Visa Exemption. 8. The Meeting took note of Cambodias presentation on Strengthening Regional Security Through Cambodias Enhanced Border Control Capacity . 9. The Meeting welcomed the offer by Cambodia to host the 9th DGICM in Cambodia in 2005. 10. The Meeting was held in the traditional spirit of ASEAN solidarity and cordiality and enjoyed the warm hospitality offered by the Government of Brunei Darussalam.

1. The 9th ASEAN Senior Law Ofcials Meeting (ASLOM) was held in Brunei Darussalam on the 23rd-24th August 2004. 2. The Meeting was attended by; H.E. Mr. Samphy Phov, Member of the Council of Jurists of the Royal Government and Director of International Affairs Dept. Ministry of Justice, Kingdom of Cambodia; Prof. Dr. Romli Atmasasmita, Head of the National Law Reform Agency, Department of Justice and Human Rights, Republic of Indonesia; Mr. Sida Lokaphone, Director General of the Law Research Department, Ministry of Justice, Lao PDR; Datuk Zaitun Zawiyah Puteh, Solicitor General, Attorney Generals Chambers, Malaysia; Mr. U Mya Nyein, Director General of the Ofce of Attorney General, Union of Myanmar; Mr. Ricardo V. Paras III, Chief State Counsel, Department of Justice, Republic of the Philippines; Mr. Chan Seng Onn, Solicitor-General, Attorney Generals Chambers, Republic of Singapore; Assoc. Prof. Tongthong Chandransu, Deputy Permanent Secretary, Ministry of Justice, Kingdom of Thailand; Mr. Le Thanh Long, Deputy Director of International Cooperation Department, Ministry of Justice, Socialist Republic of Viet Nam; Pengiran Kasmirhan Pengiran Haji Mohd. Tahir, Principal Counsel, Attorney Generals Chambers, Brunei Darussalam; Prof. Dr. Wilfrido V. Villacorta, Deputy Secretary-General of ASEAN and their respective delegations. 3. The Deputy Permanent Secretary of Justice of Thailand, Assoc. Prof. Tongthong Chandransu being the chair of the 8th ASLOM, opened the meeting by thanking the Government of Brunei Darussalam for hosting the 9th ASLOM. He reiterated the necessity and mutual benets reaped from this forum as being an avenue for closer cooperation in the eld of law for ASEAN Member Countries and welcomed further discussions on not only outstanding issues but also on newer proposals and initiatives to be introduced. 4. Prof Tongthong noted the recent developments within ASEAN, in particular with the Bali Concord II which established the three pillars in October last year. The three pillars are the ASEAN Security Community, ASEAN Economic Community and ASEAN Socio-Cultural Community. ASLOMs role is now increasingly critical, not only to promote legal infrastructure and law development

of each Member Countries but also to be one of the instrumental mechanisms for enabling ASEAN to realize its goals. He then called upon the Meeting to elect the next Chairmanship and Vice-Chairmanship for the 9th ASLOM. 5. The Meeting unanimously agreed for Pg Hjh Zabaidah Pg Hj Kamaludin, Assistance Solicitor General of Brunei Darussalam to be the Chairperson and Mr. Le Thanh Long, Deputy Director of International Cooperation Department, Viet Nam, to be the Vice-Chairperson of the 9th ASEAN Senior Law Ofcials Meeting (ASLOM). 6. In her address to the Meeting, the Chairperson welcomed all the delegates to Brunei Darussalam and expressed her hopes for the Meeting to achieve its objectives and generate fruitful and successful discussions on the basis of mutual respect and traditional spirit of cordiality, friendship and solidarity of ASEAN. 7. The ASEAN Secretariat updated the meeting of the new hyperlink on transnational crime that is available on the ASEAN website and further urged other countries that have not done so, to provide their relevant links to the Secretariat. To date, there are hyperlinks in the ASEAN Secretariat website to the relevant legal institutions in Brunei, Indonesia, Malaysia, Philippines, Singapore, Thailand and Viet Nam. The Singapore Delegation informed the Meeting that all the statutes of Singapore are available online at the website of their Attorney Generals Chambers which is linked to the ASEAN website. 8. The Meeting agreed that the existing avenue available to all Member Countries for the sharing of legal research should be maintained. Member Countries are encouraged to submit reports and published sources of legal research that they want to share to the ASEAN Secretariat so it can be published on the ASEAN website. 9. As the ASEAN Government Law Directory needs to be updated by the next ALAWMM, Member Countries were reminded to forward all current relevant information to Viet Nam, the host of the next ALAWMM, so that the second edition of the ASEAN Government Law Directory can be published and distributed at that Meeting.

272
ASEAN Documents Series 2004 ASEAN Documents Series 2004

273

10. The 2nd Meeting of the ASEAN Government Law Ofcers Programme was held in Bali in 2003 and made some important recommendations. The Meeting agreed that a 3rd ASEAN Government Law Ofcers Programme should be convened soon. The ASEAN Secretariat will be consulting with Member Countries to determine the Member Country that will host the 3rd AGLOP as well as the time, the venue and the subjects to be discussed at this Meeting. 11. Brunei Darussalam, Indonesia, Malaysia, Myanmar, Singapore, Thailand and Viet Nam have nominated their national contact points to be the ASEAN Legal Authorities who will be responsible for facilitating the exchange of legal information amongst ASEAN countries and will also be the repository of ASEAN Legal information for their government. This information is available on the ASEAN website. 12. Since the last ASLOM, Brunei Darussalam, Malaysia, Singapore, Thailand and Viet Nam have participated in the exchange of study visits in order to study each others legal systems and develop links among their key legal officials. 13. On the Treaty for Mutual Legal Assistance in Criminal Matters that was rst proposed by Malaysia at the 8th ASLOM, the Meeting noted that Malaysia has initiated and hosted two meetings of like-minded countries to formulate this Treaty, which Malaysia expects will be successfully concluded shortly. 14. The 9th ASLOM welcomed the proposal by Thailand to host a second Law Forum on ASEAN Laws and Practices

to be held either before or after the Eleventh United Nations Congress on Crime Prevention and Criminal Justice on 18th25th April 2005. 15. The 9th ASLOM discussed and agreed that there can be continuing exchange of views and experiences between ASEAN Member Countries on the harmonization of intellectual property rights, trade laws, legal cooperation in alternative dispute resolutions such as conciliation and mediation and on ways to streamline the procedures for the legalization of documents. 16. The Meeting decided to offer its assistance through the ASEAN Secretariat by establishing an expert working group to provide inputs and on ways and means to devise legal frameworks to combat terrorism in ASEAN. 17. The 10th ASLOM and the 6th ALAWMM will be held in Hanoi, Viet Nam in mid September 2005. The dates will be agreed upon after consultation among Member Countries. 18. The Meeting considered and adopted the report of the 9th ASEAN Senior Law Ofcials Meeting held in Brunei Darussalam on 23-24 August 2004. 19. The Meeting expressed its appreciation to Brunei Darussalam for the warm hospitality accorded to them and for the efcient arrangements made for the Meeting. 20. The Meeting was held in the traditional ASEAN spirit of cordiality and solidarity

TRANSNATIONAL CRIME AND TERRORISM

Joint Communiqu of the 4 ASEAN Ministerial Meeting on Transnational Crime (AMMTC)


th

Bangkok, Thailand, 8 January 2004


1. We, the ASEAN Ministers overseeing the issues of transnational crime, gathered on 8th January 2004 in Bangkok, to strengthen our commitment to combat transnational crime affecting our region and to enhance cooperation towards this end. 2. We welcome the Declaration of the ASEAN Concord II (Bali Concord II) at the 9th ASEAN Summit in Bali in October 2003 and the agreement to establish an ASEAN Security Community which among others envisage the utilization of the existing institutions and mechanisms within ASEAN for strengthening national and regional capacities to counter terrorism, drug trafcking, trafcking in persons and other transnational crimes. 3. We recognise the increasing trend of acts of terrorism and other forms of transnational crime, including illicit drug trafcking, arms smuggling, money laundering, sea piracy, international economic crime, cyber crime and trafcking in persons in the region. 4. We view with concern the proliferation of transnational crime, including acts of terrorism that threaten the security, peace and stability of our region and therefore reafrm our commitment to enhance cooperation in combating transnational crime. 5. We reafrm our resolve to take a comprehensive and coordinated approach in addressing the various areas of transnational crimes that have links to terrorism. 6. We are committed to accelerate the implementation of the Work Programme to implement the ASEAN Plan of Action to Combat Transnational Crime. 7. We reiterate the call by our Leaders at the 8th ASEAN Summit in Phnom Penh for the international community to avoid indiscriminately issuing advisories to their citizens to refrain from visiting or otherwise dealing with our countries, in the absence of evidence of possible terrorist attacks. 8. We welcome the extra-regional cooperation with our Dialogue Partners in combating transnational crime and acknowledge the progress that has been made in this area. We look forward to further strengthening the cooperation. 9. We acknowledge the efforts of several ASEAN Member Countries that have already ratied some of the 12 international conventions and protocols relating to terrorism. 10. We recognise the need for an effective legal cooperation to enhance the ght against transnational crime and acknowledge that the provision of mutual legal assistance in criminal matters and extradition agreements can be a tool towards this. 11. We are committed to strengthening information and intelligence exchange in all areas of transnational crime and welcome Thailands initiative to host a workshop to identify concrete collaboration in this matter. 12. We welcome the ASEAN Plus Three cooperation in combating transnational crime and look forward for our inaugural ASEAN Plus Three Ministerial Meeting on Transnational Crime on 10th January 2004. 13. We welcome the kind offer of Viet Nam to host the 5th ASEAN Ministerial Meeting on Transnational Crime in 2005. 14. We express our deepest appreciation to the Government of Thailand for the warm and generous hospitality accorded to us and our respective delegations. We also express our sincere appreciation to the ASEAN Secretariat for its invaluable assistance.

274
ASEAN Documents Series 2004 ASEAN Documents Series 2004

275

Joint Communiqu of the 1 ASEAN Plus Three Ministerial Meeting on Transnational Crime (AMMTC+3)
st

Co Chairs Statement of the Bali Regional Ministerial Meeting on Counter-terrorism


Bali, Indonesia, 5 February 2004
I. Introduction 1. We, the Foreign Ministers of Indonesia and Australia, had the honour to Co-Chair the Regional Ministerial Meeting on Counter-Terrorism in Bali, Indonesia on 4-5 February 2004, attended by both foreign affairs and law enforcement Ministers, or their representatives, of Brunei Darussalam, Cambodia, Canada, the Peoples Republic of China, Fiji, France, Germany, India, Japan, Laos, Malaysia, Myanmar, New Zealand, Papua New Guinea, the Philippines, the Republic of Korea, the Russian Federation, Singapore, Thailand, TimorLeste, Vietnam, the United Kingdom, the United States of America and representatives of the European Union. Senior representatives of relevant United Nations committees, the ASEAN Secretariat, the Pacic Islands Forum Secretariat, the APEC Secretariat, the APG Secretariat and Interpol participated as observers of the meeting. 2. The President of the Republic of Indonesia, H.E. Ms. Megawati Soekarnoputri, opened the proceedings on the 4th February 2004. The President of Romania H.E. Ion Iliescu addressed the Meeting on the 5th February 2004. 3. Ministers afrmed that terrorism, irrespective of its origins, motivations or objectives, continues to constitute a threat to all peoples and countries, and to our common interest in ensuring peace, stability, security and economic prosperity in our region and beyond. Ministers reiterated their strong condemnation of acts of terrorism in all its forms and manifestations. Ministers emphasised the importance of avoiding the identication of terrorism with any particular religion or ethnic group. Ministers agreed that the campaign against terrorism can only be won through comprehensive and balanced measures in full conformity with the purposes and principles of the Charter of the United Nations and international human rights covenants. 4. Ministers noted with concern the close connection between international terrorism and transnational organized crime, illicit drugs, money laundering, illegal arms trafcking and illegal movement of nuclear, chemical, biological and other potentially deadly materials and their means of delivery, and in this regard emphasised the need to enhance coordination of efforts on national, sub-regional, regional and international levels in order to strengthen a global response to this serious challenge and threat to international security. 5. Ministers expressed their full commitment to address these cross border threats by enhancing regional cooperation and coordination among relevant national agencies. In this regard, Ministers resolved to pursue more effective regional cooperation and coordination among police, defence, justice, customs, immigration and other relevant agencies and emphasised the importance of information sharing, national capacity building in the elds of law enforcement and appropriate legal frameworks to facilitate mutual legal assistance, and cooperation between national jurisdictions in preventing, suppressing and combating terrorism. 6. Ministers recognised that the scourge of terrorism also poses a serious threat to regional economic development. Ministers were therefore of the view that effective counter-terrorism measures were vital to provide a conducive climate for business activities - essential for the attainment of peace, stability and prosperity in the region. In this regard Ministers welcomed the role and partnership of the business community in the joint campaign against terrorism within the framework of shared responsibility. 7. While expressing abhorrence at the terrorist attacks within the region, Ministers demonstrated their solidarity with the victims of those attacks, and expressed their resolve to confront and pursue the perpetrators. The heinous terrorist bombing on 12 October 2002 in Bali, which cost 202 lives, has served as a valid foundation for the holding of the Meeting on this island. Ministers underlined the importance of countries working together cooperatively to tackle terrorism. II. Recent International and Regional Developments 8. Ministers highlighted the strong statement of regional resolve to strengthen national and regional counter-terrorism capacities contained in the ASEAN Declaration on Joint Action to Counter Terrorism adopted in Brunei Darussalam on 5 November 2001, reiterated in the Declaration on Terrorism by the 8th ASEAN Summit in Phnom Penh on 3 November 2002 and recognised in the commitment to establish the ASEAN Security Community under the Bali Concord II declared at the 9th ASEAN Summit in Bali on 7 October 2003. 9. Ministers welcomed the outcome of the 4th ASEAN Ministerial Meeting on Transnational Crime (AMMTC) held in Bangkok on 8 January 2004. They supported AMMTCs continuing effort to combat transnational crime through

Bangkok, Thailand, 10 January 2004

1. We, the Ministers of ASEAN, the Peoples Republic of China, Japan and the Republic of Korea responsible for combating transnational crime, convened our First ASEAN Plus Three Ministerial Meeting on Transnational Crime (AMMTC+3) in Bangkok on 10 January 2004. The Meeting was preceded by a Preparatory Senior Ofcials Meeting for AMMTC+3 on 9 January 2004. 2. We recall the proposal of China during the Sixth ASEAN Plus Three Summit held in Phnom Penh on 4 November 2002, which suggested the ASEAN Plus Three process be expanded to include regional political and security issues such as the ght against terrorism and transnational crime. We also recall that the Leaders supported the convening of the ASEAN Plus Three Ministerial Meeting on non-traditional security issues. 3. We recollect the Seventh ASEAN Plus Three Summit in Bali on 7 October 2003, during which our Leaders reiterated their determination to further strengthen cooperation in the eld of non-traditional security issues, especially in intensifying joint efforts to combat international terrorism in the region, and to support the Bali Concord II, which includes close cooperation in developing the ASEAN Security Community. 4. We reafrm our intention to dedicate our efforts, through AMMTC+3, to ght against transnational crime, especially terrorism as well as to support the building of the ASEAN Security Community as stated by our Leaders during the Sixth and the Seventh ASEAN Plus Three Summits. 5. We are pleased to note the statements made by the Ministers of China, Japan and the Republic of Korea, which expressed support for the efforts of the ASEAN Ministerial Meeting on Transnational Crime (AMMTC) in forging cooperation among ASEAN Member Countries in ghting transnational crime and called for the strengthening of ASEAN Plus Three cooperation in this area.

6. We welcome the progress in cooperation in combating transnational crime among ASEAN Member Countries and between ASEAN and China, Japan and the Republic of Korea within the dialogue framework. 7. We note the progress of related works in other fora, which complements the ASEAN Plus Three efforts in combating transnational crime, and recognize the need to take into account these efforts in our work. 8. We recognize that the root causes of transnational crime, including poverty and development gaps, could also be addressed within the ASEAN Plus Three cooperation framework. 9. We decide that in pursuing our cooperation in combating transnational crime, the following principles will be followed: consensus through consultation on the basis of equality, mutual respect for sovereignty, gradual process, and exibility and effectiveness in our cooperation. 10. We endorse the mechanism of cooperation between ASEAN and China, Japan and the Republic of Korea in combating transnational crime recommended by the Preparatory Senior Ofcials Meeting for the First AMMTC+3. 11. We held a Retreat to exchange views on strengthening ASEAN Plus Three cooperation in combating transnational crime. 12 We welcome the kind offer of Viet Nam to host the Second AMMTC+3 in 2005 where we look forward to making further progress in our cooperation to combat transnational crime. 13. We express our appreciation to Thailand for hosting this inaugural AMMTC+3 and to the ASEAN Secretariat for its contribution to the meeting.

276
ASEAN Documents Series 2004 ASEAN Documents Series 2004

277

the implementation of the Working Plan to Implement the ASEAN Plan of Action to Combat Transnational Crime. They also welcomed the inaugural meeting of the AMMTC + 3, held in Bangkok on 10 January 2004. 10. Ministers welcomed the ASEAN Regional Forums (ARF) continuing commitment to strengthen regional cooperation in the ght against terrorism, which was reafrmed at the 10th ARF Ministerial Meeting in Phnom Penh on 18 June 2003. They noted the ARFs determination to raise public awareness about, and take effective action against terrorism including through coordinated regional capacitybuilding. To this end, Ministers acknowledged the ARFs series of Condence Building Measures (CBMs) in critical areas including combating the nancing of terrorist activities and managing the consequences of terrorist attacks. They encouraged the ARF to build on the results of these CBMs and welcomed steps already taken, including the establishment of a regional register of national response agencies to facilitate rapid cooperative reactions to terrorist attacks. 11. Ministers also welcomed the inaugural ARF Inter-Sessional Meeting (ISM) on Counter-Terrorism and Transnational Crime held in Sabah on 20-22 March 2003 which led to the adoption of an ARF Statement on Cooperative Counter-Terrorist Actions on Border Security. They supported the ARFs commitment to a second ISM in Manila in March 2004 and expressed the hope that it would produce concrete proposals to improve regional cooperation in the important area of transport security. 12. Ministers expressed support for the resolutions adopted by the 23rd ASEANAPOL Conference held in Manila on 8-12 September 2003 to exchange information and intelligence on terrorist organisations, maintain for ready referencing a list of police counter-terrorism units, monitor newly-emerging militant groups to prevent them developing into terrorist groups, develop and consult on counter-terrorism training to enhance policing capabilities, encourage legislative efforts to criminalize terrorism and circulate information on threats to major regional events. 13. Ministers welcomed the strong re-afrmation of commitment to enhance regional counter-terrorism cooperation contained in the APEC Economic Leaders statement of 21 October 2003, noting the commitment to dismantle, fully and without delay, transnational terrorist groups that threaten the APEC economies. Ministers welcomed the important role of APECs newly-created Counter-Terrorism Task Force in coordinating the implementation of APECs commitment to ght terrorism. They applauded the development of the APEC CounterTerrorism Action Plans as a practical means to assist APEC members in implementing their Leaders commitment in ghting terrorism and promoting economic growth and to identify and respond to capacity building needs. In this regard, Ministers welcomed the cooperation between APECs Counter Terrorism Task Force, the Counter Terrorism

Action Group (CTAG) of the G-8, the United Nations Security Council Counter-Terrorism Committee and other international, regional and functional organizations, as well as cooperation with international nancial institutions (IFIs). 14. Ministers welcomed the progress to implement the Secure Trade in the APEC Region (STAR) initiative, the APEC Energy Security Initiative, APECs Initiatives on Countering the Financing of Terrorism and the APEC Cyber Security Strategy. In this context, Ministers welcomed the decision by the APEC Leaders Meeting in Bangkok to establish a regional trade and nancial security initiative within the Asian Development Bank to support projects that enhance port security, combat terrorist nance and achieve other counter-terrorism objectives. Ministers noted APECs decision to strengthen their efforts to curb threats against mass transportation and confront the threat posed by terrorists acquisition of Man-Portable Air Defence Systems (MANPADS) against international aviation and welcomed APECs agreement to explore the development of a computerised regional alert system to prevent terrorist and criminal movements. 15. Ministers acknowledged progress being made under the 2002 Nasonini Declaration by the countries of the Pacic Islands Forum, reecting the response of member states to the threat of transnational crime and terrorism and underlining the Pacic regions commitment to introduce national legislation and strategies to meet the obligations of UNSCR 1373. 16. Ministers welcomed the decision of the members of the South West Pacic Dialogue countries made in Yogyakarta in October 2002 to devote their individual and collective energies to meeting the challenges posed by terrorism through a cooperative approach, including by exchange of information. 17. Ministers noted valuable cooperative efforts already undertaken such as the Regional Conference on Combating Money Laundering and Terrorist Financing, held in Bali in December 2002, which represented a signicant step forward to prevent and counter the funding of terrorism. Ministers also recognised that existing regional fora were carrying out important activities in combating other forms of transnational crime, including in the areas of border security, identity verication and detection of document fraud. They acknowledged the ongoing work of the Bali Process on People Smuggling, Trafcking in Persons and Related Transnational Crime as one example of important activity which was complementary to regional counterterrorism efforts. 18. Ministers welcomed the contributions of governments outside the South East Asian region and the constructive roles played by key regional and international bodies in building the capacity of national and regional institutions to combat terrorism. Ministers noted that

inter-regional cooperation was an important strategy and complementary to other regional and bilateral efforts. 19. Ministers stressed the vital role of the United Nations in strengthening international cooperation to combat global terrorism and highlighted the importance of countries meeting the obligations of UNSCR 1267, UNSCR 1373, UNSCR 1390 and UNSCR 1455 and other relevant UN resolutions. Ministers also noted the vital importance of addressing the nancing of terrorism and acknowledged the OECD Financial Action Task Force Special Recommendations on Terrorist Financing and the work of the Asia-Pacic Group on Money Laundering as providing an effective framework to detect, prevent and suppress the nancing of global terrorism. Ministers welcomed the important role played by Interpol in facilitating practical international law enforcement cooperation. III. Review of the Effectiveness of Regional CounterTerrorism Measures 20. Ministers reviewed the state of cooperation in investigation of terrorist attacks and prosecution of perpetrators, exchange of information on terrorist networks and planning, efforts to reduce nancial support for terrorists, border control and development of arrangements for mutual legal assistance. Ministers acknowledged regional counterterrorism results achieved to date, including the detention or arrest of over 200 terrorist suspects, including some key terrorist leaders, in the region in the past few years. However, they stressed that more remains to be done by states through enhanced cooperation and coordination in preventing and combating terrorism. 21. Ministers noted the example provided by the excellent cooperation that has developed between Indonesian and Australian law enforcement agencies through the investigation of the October 2002 Bali bombings and praised this as a practical demonstration of the value of collaboration to combat the scourge of terrorism. Ministers welcomed the enhanced cooperation and coordination that already existed between many law enforcement and other agencies in the region and noted the contribution this has made to combating terrorism. Ministers also welcomed Malaysias initiative to establish the Southeast Asia Regional Centre for Counter-Terrorism (SEARCCT). Ministers encouraged all regional countries, and those with interests in the stability and economic development of the region, to intensify further their cooperation and coordination in combating global terrorism. IV. Consolidating and Building Regional Cooperation and Coordination 22. Ministers resolved to maintain and build the already substantial political momentum behind counter-terrorism

efforts in Southeast Asia, particularly those with a focus on practical and operational law enforcement issues, and to identify new ways of enhancing counter-terrorism collaboration within countries and encouraging more effective cooperation among law enforcement agencies in the region. 23. Ministers resolved that, subject to domestic laws and according to their respective national circumstances, they would work towards developing more effective information sharing arrangements within the region, to obtain a more complete picture of the activities and foundations of terrorist networks, their sources of nancing and support and any linkages with other forms of transnational crime. Ministers highlighted the need for effective national legislation to punish those involved in terrorist activities and to cooperate in the effective prosecution of such activities in accordance with domestic law, regional commitments and international obligations. 24. In order to strengthen the mechanisms for regional cooperation and collaboration between law enforcement and other relevant agencies, Ministers recommended the following as measures to combat terrorism: A. States should take practical steps to enhance national counter-terrorism coordination between law enforcement agencies and other relevant organizations. B. States should take steps to identify ways of enhancing counter-terrorism cooperation and encouraging more effective coordination, including information sharing among our respective law enforcement and intelligence agencies, with the aim of dismantling terrorist networks and enabling closer cooperation to prevent terrorist attacks. States should work together to increase those law enforcement capabilities required to combat terrorism and should work on collaborative capacity-building efforts to achieve those capabilities, including through overseas development assistance programs. While every effort should be made to bolster preventative mechanisms, States should work together to investigate terrorist attacks, including through provision of relevant technical expertise and equipment, to ensure perpetrators can be speedily identied, detained and brought to justice. States should recognize the importance of law enforcement agencies having appropriate powers and resources to combat terrorism, including a sufciently broad range of offences in national law to prosecute and punish those responsible for committing or supporting terrorist acts, while respecting democratic values, human rights and due process of law.

C.

D.

E.

278
ASEAN Documents Series 2004 ASEAN Documents Series 2004

279

F.

States should encourage the development of appropriate skills among prosecutors and judges to ensure sufcient legal expertise exists to deal with terrorism.

obligations in the area of counter-terrorism need to be further strengthened. 25. Ministers welcomed the suggestion regarding the need to strengthen cooperation among regional countries on intelligence sharing to counter terrorist nancing. 26. Ministers welcomed a joint Australian and Indonesian initiative to establish a regional law enforcement cooperation centre in Indonesia to build the operational law enforcement capacity needed to ght transnational crime, with a key focus on terrorism, and expressed interest in appropriate national agencies drawing on the resources that will be provided by the centre for operational support. Ministers supported the centre forming complementary working relations with other relevant regional bodies. V. Follow-up 27. In order to ensure implementation of their recommendations, Ministers agreed on the following measures: A. The establishment of an ad hoc working group of senior legal ofcials from around the region. Such a group would report back to Ministers on the adequacy of regional legal frameworks for counter-terrorism cooperation and identify new areas for improvement of cooperation and assistance. In particular, the group would conduct a stock-take of existing frameworks, and make recommendations for appropriate legislative action and other legal measures required to ensure: that terrorist acts and related terrorist activities are appropriately criminalised throughout regional jurisdictions; that a framework of arrangements for regional mutual legal assistance and extradition for terrorist-related offences is in place; that regional states are fully compliant with relevant UNSC Resolutions; and that regional states ratify and fully implement the twelve UN counter-terrorism-related conventions. B. The establishment of an ad hoc working group of law enforcement practitioners to share operational experiences, formulate best practice models for ghting terrorism, develop a more effective information base, and facilitate a more effective ow of criminal intelligence, including nancial intelligence, between regional law enforcement and other counter-terrorism agencies. Such a group would also provide practical guidance on the priority areas for the operational focus and activities of the proposed Indonesia Centre for Law Enforcement Cooperation. To facilitate complementarity between existing institutions and effective coordination, the ad hoc working groups would be open to participation by the heads of the Southeast Asia Regional Centre for

Counter-Terrorism (SEARCCT) in Kuala Lumpur, the International Law Enforcement Academy (ILEA) in Bangkok and the Indonesia Centre for Law Enforcement Cooperation (ICLEC). VI. Conclusion 28. Ministers concluded that terrorism constitutes a threat to all peoples and countries, and to our common interest in ensuring peace, stability, security and economic prosperity. Ministers agreed that the campaign against terrorism can only be won through comprehensive and balanced measures in full conformity with the purposes and principles of the Charter of the United Nations. 29. Ministers reafrmed their full commitment to strengthening regional cooperation and coordination among relevant agencies on the practical operational aspects of combating terrorism, with a specic commitment to

comprehensive and effective law enforcement cooperation, better information sharing and strengthened legal frameworks. 30. Ministers welcomed the role and partnership of the business community in the joint campaign against terrorism within the framework of shared responsibility. 31. Ministers resolved to translate the existing strong political commitments on the part of countries within the Asia Pacic region in combating terrorism into practical collaborative action. VII. Acknowledgment 32. Ministers expressed their gratitude to their co-hosts, the Governments of Indonesia and Australia, for the excellent arrangements made for the Conference and warmly thanked the people of Bali for their generous hospitality.

G. States should strengthen the legal frameworks for cooperation between national jurisdictions, including through concluding mutual legal assistance arrangements. H. States should adopt extradition arrangements to ensure that offenders are prosecuted in the most appropriate jurisdiction and to prevent them escaping justice by moving jurisdiction. In transnational cases, States should cooperate in making their best endeavors to bring known/suspected terrorists to justice. I. States should make concerted efforts to suppress nancial support for terrorism, including through meeting existing international and regional commitments on terrorist nancing and money-laundering. States should consider adopting conscation of the proceeds of crime provisions to prevent funds obtained through illicit activities being used to fund terrorist activities. States should further encourage the role and active involvement of the business community in the spirit of partnership and within the framework of shared responsibility to suppress and combat transnational crime, in particular, terrorism. States should support counter-terrorism efforts by coordinating the implementation of effective border controls to combat identity fraud and illicit crossborder trade in arms, drugs and people smuggling.

J.

K.

L.

M. States should enhance maritime security, especially in combating sea piracy and armed robbery at sea, to prevent and suppress maritime terrorism. N. States should take further steps to ensure aviation security to prevent aviation terrorism. O. States should take and strengthen national measures, as appropriate, to prevent terrorists from acquiring weapons of mass destruction, their means of delivery and materials and technologies related to their manufacture. States should take appropriate steps to meet the obligations of UNSCR 1373 and other relevant UN resolutions, and ratify and implement the twelve UN counter-terrorism-related conventions.

P.

C.

Q. Mechanisms to assist regional states including small island developing states to meet their international

280
ASEAN Documents Series 2004 ASEAN Documents Series 2004

281

of the 24TH

Joint Communiqu ASEAN Chiefs of Police Conference


Chiang Mai, Thailand, 16-20 August 2004

list of drug syndicates operating in Member Countries. 8.1.2 To distribute to Member Countries the updated list of contact persons to ensure speedy ow of correspondence and enquiries. To enhance the conduct of coordinated operations within respective common borders To provide assistance in apprehending warranted drug fugitives believed to be taking refuge in one country when requested by another country To immediately notify Member Countries of any new types of drug found in one country which is believed to be a trafcking threat to the region To seek further cooperation of the United Nations on Drugs and Crime in order to enhance capacity building and infrastructure, to control precursor chemical and combat illicit drug trafcking.

governments to enact legislation on mutual legal assistance in criminal matters 8.3.2. To provide comprehensive measures of mutual assistance in order to be more effective in criminal justice 8.3.3 To encourage Member Countries to establish bilateral agreements to facilitate mutual assistance in criminal matters 8.4 Terrorism 8.4.1 To enhance the exchange of knowledge, intelligence and information on terrorist, militants, radical groups and provide target lists of terrorists operating in the region To create a list of contact agencies/ persons for sharing with other members countries to facilitate fast track cooperation

1.

The 24th Annual Conference of ASEAN Chiefs of Police (ASEANAPOL XXIV) was held at the Imperial Mae Ping Hotel, Chiang Mai, Thailand from August 16-20, 2004. The objectives of the Conference were to further enhance police professionalism, forge stronger regional cooperation on police work, and promote lasting friendship among police ofcers of ASEAN countries. The Conference was attended by delegates from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam, which were led respectively by: 3.1 Dato Paduka Seri Hj Abd Rahman bin Hj Johan Commissioner of Police Royal Brunei Police Force Brunei Darussalam

Singapore Police Force Republic of Singapore 3.9 Police General Soontorn Saikwan Acting Commissioner-General Royal Thai Police Kingdom of Thailand 3.10 Police Major General Tran Van Thao Acting Director General Police General Department Socialist Republic of Vietnam 4. Observers from ASEAN Secretariat, ICPO-INTERPOL as well as guests from Australian Federal Police and New Zealand Police also attended the Conference Police General Soontorn Saikwan, Acting CommisionerGeneral of Royal Thai Police delivered a welcome note before the delegates of the Conference at the 10.00 am., August 17, 2004. The Conference was subsequently declared open by the Guest of Honor, H.E. Gen. Chalawit Yongchaiyudh, Deputy Prime Minister of Thailand. The following topics of interest were discussed during the conference: 7.1 Illicit Drug Trafcking 7.2 Progress of ASEANAPOL Database System 7.3 Mutual Assistance on Criminal Matters 7.4 Terrorism 7.5 Arms Smuggling 7.6 Commercial Crimes, Bank Offences and Credit Cards Fraud 7.7 Cyber Crime 7.8 Fraudulent Travel Documents 7.9 Transnational Fraud 7.10 Human Trafcking 7.11 Exchange of Personnel and Training Program 7.12 Drafting of Joint Communiqu After Extensive discussions, the Conference adopted the following resolutions: 8.1 Illicit Drug Trafcking 8.1.1 To continue conducting exchange of information/intelligence on cross-border drug trafcking and exchange of a target

8.1.3

2.

8.1.4

3.

8.1.5

8.4.2

8.1.6

5.

3.2 Police General Hok Lundy Commissioner General Cambodian National Police Kingdom of Cambodia 3.3 Police Commissioner General Drs. Adang Daradjatun Deputy Chief of Indonesian National Police Republic of Indonesia 3.4 Police Coloner Somvang Thammasith Deputy Director General of Police General Department Lao Peoples Democratic Republic 3.5 Tan Sri Mohd Bakri bin Haji Omar Inspector General Royal Malaysia Police Malaysia 3.6 Police Brigadier General Zaw Win Deputy Director General Myanmar Police Force Union of Myanmar 3.7 Police Director General Hermogenes Ebdane, Jr. Chief of Philippine National Police Republic of the Philippines 3.8 Mr. Khoo Boon Hui Commissioner of Police

8.2. Progress of ASEANAPOL Database System 8.2.1 To accept sponsorship from Hewlett Packard (HP) for the servers required for e-ADS To allow the approved vendor Singapore Engineering Services (SES) to develop the e-ADS application software for the system To note that the next ADSTC meeting will be held in Indonesia To work towards the launching of the e-ADS at the ASEAN Chiefs of Police Conference in 2005 To direct the ADSWG to consider and ensure non-duplication of information made available on the e-ADS with Interpol Database before the system is developed To encourage non-participating Member Countries to join the e-ADS projects.

6.

8.4.3 To provide Member Countries with intelligence and information on terrorism or other criminal activities which may disrupt significant events in the region, such as the 5th ASEM Meeting in Vietnam in October 2004, and the ASEAN Summit in Lao PDR in November 2004. 8.5 Arms Smuggling 8.5.1 8.5.2 8.5.3 To Encourage Member Countries to adopt effective arms control laws To Exchange intelligence/information among Member Countries To encourage Member Countries to conduct coordinated operation to apprehend illegal arms suppliers/trafckers

7.

8.2.2

8.2.3 8.2.4

8.2.5

8.6 Commercial Crimes, Bank Offences and Credit Cards Fraud 8.6.1. To promote close cooperation among the law enforcement authorities of Member Countries To promote the exchange of recent information/intelligence and modus operandi To work closely with the banking and credit card industries to foster strong partnerships

8.

8.2.6

8.6.2

8.3 Mutual Asistance on Criminal Matters 8.3.1 To continually encourage Member Countries to recommend to their respective

8.6.3

282
ASEAN Documents Series 2004 ASEAN Documents Series 2004

283

8.6.4 8.6.5

To enhance police ofcers knowledge and capabilities To raise and enhance public awareness as preventive measures

8.10.2 To support the adoption of a National Action Plan of Member Countries to combat human trafcking 8.10.3 To encourage Member Countries to sign bilateral or multilateral agreements on combating human trafcking and on assistance for victim support 8.10.4 To strengthen national, regional an internationals networks 8.10.5 To maintain close cooperation on the exchange of information and intelligence 8.10.6 To emphasize the need for strict border access control 8.10.7 To raise public awareness 8.11 Exchange of Personnel and Training Program 8.11.1. To continue to inform and exchange training programs for the benet of Member Countries 8.11.2. To encourage Member Countries with expertise in specic areas to share their experience and expertise with others through training, visiting instructors and ofcer attachment programs 8.11.3. To create a list of ASEAN police experts/ instructors in specic areas as listed in the Joint Communiqu in order to facilitate future exchange of instructors 8.11.4 To organize annually the Shooting Competition amongst ASEAN police ofcers, with the 2nd Competition to be held in Indonesia in 2005 8.11.5 To note that the 14th Joint ASEAN Senior Police Ofcers Course (JASPOC) will be held in Thailand in early 2005, and the 15th JASPOC in Indonesia in late 2005 9. The Conference agreed that the 25th ASEANAPOL Conference would be held in Indonesia in the year 2005. The host country shall determine the date and venue of the Conference. Maritime Fraud shall be included in the topics of discussion.

8.7 Cyber Crime 8.7.1 To develop close cooperation among Member Countries in exchanging knowledge, particularly on relevant laws, legal framework, and present threats To establish contact points for cooperation and coordination To explore the possibility of coordinating operation and Investigations as and when the need arises

Dato Paduka Seri Hj Abd Rahman bin Hj Johan Commissioner of Police Royal Brunei Police Force Brunei Darussalam

Police Brigadier General Zaw Win Deputy Director General Myanmar Police Force Union of Myanmar

8.7.2 8.7.3

8.8 Fraudulent Travel Documents 8.8.1 8.8.2 To share and exchange information and intelligence To enhance knowledge of the security features and means to detect fraudulent travel documents through training and expert working groups. To cooperate closely, particularly on requests for assistance and enquiries, in a timely manner To establish contact points to facilitate assistance in Member Countries.

Police General Hok Lundy Commissioner General Cambodian National Police Kingdom of Cambodia

Police Deputy Director General Virtus V Gil. Deputy Chief for Operation Philippine National Police Republic of the Philippines

8.8.3

Police Commissioner General Drs. Adang Daradjatun Deputy Chief of Indonesian National Police Republic of Indonesia

Mr. Khoo Boon Hui Commissioner of Police Singapore Police Force Republic of Singapore

8.8.4

8.9 Transnational Fraud 8.9.1 8.9.2 To build upon existing networks to facilitate provision of assistance To assign contact points and specic communication channels to attend to requests from other Member Countries in a timely manner To exchange knowledge, information and intelligence on development and trends in transnational frauds.

Police Coloner Somvang Thammasith Deputy Director General of Police General Department Lao Peoples Democratic Republic

Police General Soontorn Saikwan Commissioner-General Royal Thai Police Kingdom of Thailand

8.9.3

8.10 Human Trafcking 8.10.1 To harmonize and share a common concept and framework of relevant laws

Tan Sri Mohd Bakri bin Haji Omar Inspector General Royal Malaysia Police Malaysia

Police Major General Tran Van Thao Acting Director General Police General Department Socialist Republic of Vietnam

Done in Chiang Mai, Thailand on the 19th day of August 2004

284
ASEAN Documents Series 2004 ASEAN Documents Series 2004

285

VI. EXTERNAL RELATIONS ASEAN AUSTRALIA

i.

Enhance cooperation and liaison among their law enforcement and security agencies to strengthen counter-terrorism regimes and engender practical and effective responses to the terrorist threat. Continue and improve intelligence and informationsharing, including on terrorist nancing, crime related to money laundering, and other counterterrorism measures including the development of more effective policies and legal, regulatory and administrative counter-terrorism regimes. Strengthen capacity-building efforts through training and education; consultations between ofcials, analysts and eld operators; and seminars, conferences andj oint exercises as appropriate. Provide assistance on transport security and border and immigration control challenges, including document and identity fraud, to stem effectively the ow of terrorist-related material, money and people. Implement the measures contained in the AREs Statement on Cooperative Counter-Terrorism Action on Border Security, the ARF Statement on Cooperation Against Piracy and Other Threats to Maritime Security, and other relevant ARF Statements where appropriate. Implement the measures set out in the Co-Chairs Statement on the Bali Regional Ministerial Meeting on Counter-Terrorism, and contribute to follow-up activities including the two ofcials level ad hoc working groups on law enforcement

and legal issues among others by exploring best practice on law enforcement and cooperation in the area of legal assistance. vii. Comply with all binding United Nations resolutions and declarations on international terrorism, particularly United Nations Security Council Resolutions 1267, 1269, 1373, 1390, 1455, 1456, and other United Nations resolutions or declarations on international terrorism where applicable. viii. Explore on a mutual basis additional areas of cooperation. Participation 4. The participants are encouraged to become parties to all 12 of the United Nations conventions and protocols relating to terrorism. 5. The participants are each called upon to designate an agency to coordinate with law enforcement and security agencies, authorities dealing with countering terrorist nancing and other concerned government agencies, and to act as the central point of contact for the purposes of implementing the Declaration. Disclosure of Information 6. The participants expect that no participant would disclose or distribute any condential information, documents or data received in connection with this Declaration to any third party, at any time, except to the extent agreed in writing by the participant that provided the information.

Asean-australia Joint Declaration for Cooperation to Combat International Terrorism


Jakarta, Indonesia, 2 July 2004
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam, Member Countries of the Association of Southeast Asian Nations (ASEAN), and the Government of Australia (hereinafter referred to collectively as the participants); Mindful of the 2001 ASEAN Declaration on Joint Action to Counter Terrorism, which, inter alia, undertakes to strengthen cooperation at bilateral, regional and international levels in combating terrorism in acomprehensive manner; Reafrming their determination to prevent, suppress and eliminate international terrorism in all its forms and manifestations, in accordance with the Charter of the United Nations and international law and having regard to all relevant United Nations resolutions or declarations on international terrorism and afrming that the United Nations should play a major role in combating terrorism; Recognizing the principles of sovereign equality, territorial integrity and non-interference in the internal affairs of other States; Rejecting any attempt to associate terrorism with any religion, race or nationality; Welcoming the resolutions adopted by the 23rd ASEANAPOL Conference held in Manila to strengthen the campaign against terrorism by working for the criminalization of terrorism and to build capacity to combat terrorism; Noting the resolve of the Co-Chairs Statement from the 2004 Bali Regional Ministerial Meeting on Counter-Terrorism to enhance regional cooperation on counter-terrorism; Supporting the ASEAN Regional Forums (ARF) continuing commitment to strengthen regional cooperation in the ght against terrorism; Noting also the strong re-afrmation of commitment to enhancing regional counter-terrorism cooperation contained in the 2003 APEC Economic Leaders statement; Realising that terrorism constitutes a serious threat to ASEAN and Australias peace, security and economic prosperity, and contravenes the laws, religious beliefs and fundamental values of all countries concerned; Recognising that the trans-national nature of terrorism calls for a comprehensive approach that embraces action on many fronts; Encouraged by the strong co-operation between the Member Countries of ASEAN and Australia on security, intelligence and law enforcement matters, and desiring to strengthen and expand this co-operation to ght international terrorism through the ASEAN Ministerial Meeting on Transnational Crime, as a leading ASEAN body for combating terrorism, and other mechanisms; Declare as follows: Objectives 1. The participants reafrm the importance of having a framework for cooperation to prevent, disrupt and combat international terrorism through exchange and ow of information and intelligence, and capacity-building. 2. The participants emphasize that the purpose of this cooperation is to enhance the efcacy of those efforts to combat terrorism. Scope and Areas of Cooperation 3. The participants stress their commitment to seek to implement the principles laid out in this Declaration, in conformity with their obligations under international law and in accordance with their respective domestic laws and their specic circumstances, in any or all of the following areas:

ii.

iii.

iv.

v.

vi.

For ASEAN

For Australia

H.E. Dr. N. Hassan Wirajuda Minister for Foreign Affairs of the Republic of Indonesia Chairman of the 37th ASEAN Standing Committee

The Hon. Alexander Downer, MP Minister for Foreign Affairs of Australia

286
ASEAN Documents Series 2004 ASEAN Documents Series 2004

287

Co-Chairs Statement of the 20th ASEAN-Australia Forum


Canberra, Australia, 16 September 2004
1. 2. The 20 ASEAN-Australia Forum was held on 16 September 2004 in Canberra, Australia.
th

for Cooperation to Combat International Terrorism signed in Jakarta on 1 July 2004, as well as a number of bilateral arrangements signed in recent years, and pledged to continue working closely together. 11. The Forum had an extensive exchange of views on transnational crime and non-traditional security challenges facing the region, including people smuggling, narcotics, health, environment and communicable diseases, and agreed that combating transnational crime and non-traditional security matters was a shared responsibility. Both sides reiterated their commitment to cooperate with each other in these areas. 12. Both sides welcomed the positive role of the ASEAN Regional Forum (ARF) in strengthening regional peace and stability and building condence by promoting the habit of cooperation through dialogue and consultations among all the ARF participants. They

reafrmed the signicance of the ARF as the primary forum for security dialogue in the Asia-Pacic. Australia reiterated its support for the key role ASEAN plays in the ARF process. ASEAN and Australia also underlined the importance of ASEANs efforts to establish the ASEAN Security Community (ASC). 13. The two sides exchanged views on the accession by ASEANs Dialogue Partners to the Treaty of Amity and Cooperation in Southeast Asia (TAC), and ASEANs desire for wider accession to the Treaty. 14. It was agreed that the 21st ASEAN-Australia Forum would be held in Vietnam in early 2006. 15. The ASEAN Delegations expressed sincere thanks and appreciation to the Government of Australia for its hospitality and excellent arrangement extended to them during the 20th ASEAN-Australia Forum.

The meeting was co-chaired by Mr Bill Paterson, First Assistant Secretary of the South and South-East Asia Division of the Department of Foreign Affairs and Trade of Australia and Mr Do Ngoc Son, Assistant Minister for Foreign Affairs of Vietnam. Representatives of all ASEAN Member Countries and the ASEAN Secretary General Ong Keng Yong participated. The Forum noted that 2004 marked the 30th anniversary of ASEANs dialogue partnership with Australia, and that this had been among ASEANs very rst such relationship. The Forum welcomed the breadth, extent and longstanding nature of the linkages between Australia and the ASEAN countries. Both sides reiterated the importance they attach to the continuos development of the closer and comprehensive relationship and cooperation. The Forum welcomed the decision to convene the ASEAN - Australia and New Zealand Commemorative Summit on 30 November during the 10th ASEAN Summit in Vientiane, Lao PDR. The Forum pledged to work closely with each other to ensure success of the Summit, acknowledging the depth and history of the ties between Australia and ASEAN and chart out a new strategic view to move forward the partnership to a higher plane which will be reected in the Joint Declaration to be signed or adopted by their Leaders at the said Summit. Australia welcomed the agreement reached by the Economic Ministers at the Ninth annual AEM-CER Consultation in Jakarta on 5 September to recommend to their Leaders that ASEAN, Australia and New Zealand further their economic integration through negotiation on a Free Trade Agreement (FTA). FTA negotiation would commence in 2005 and expected to be concluded in two years. Both sides agreed that the FTA would promote growth and development and increase living standards throughout the region. All parties recognised the important role trade liberalisation can play in promoting economic development and reducing poverty and reafrmed their commitment to the World Trade Organisation (WTO) Doha Development Agenda and to strengthening the rules-based multilateral trading system promoted by

the WTO. They welcomed the agreement reached in Geneva in August on a framework package to guide the next phase of Doha Round negotiations and reafrmed the importance of a successful conclusion to the round that fully reected the level of ambition agreed at Doha. Australia reiterated its strong support for the early accession by Laos and Viet Nam into the WTO. 7. ASEAN and Australia agreed to enhance coordination in APEC, particularly for the forthcoming APEC Leaders meeting. Both sides reiterated their strong support for work being undertaken in the APEC context and stressed the importance of free and open trade and investment in the region. The Forum agreed that more efforts should be undertaken to enhance the levels of trade, and investment in particular, between ASEAN and Australia. The Forum discussed conditions to promote greater Australian investment into ASEAN. The Forum noted the positive contribution of the ASEAN Australia Development Cooperation Program to economic development and poverty reduction in the region, as well as to the closer integration of ASEAN. The Forum recognised the contribution made by Australia through its development assistance programs to ASEAN in supporting the realisation of the ASEAN Vision 2020, Bali Concord II, the Hanoi Plan of Action (HPA) and the Initiative for ASEAN Integration. ASEAN welcomed Australias development cooperation commitment to countries in the ASEAN region which is estimated at over $400 million for 2004-2005. The Forum agreed that continued support of Australia in implementing the Vientiane Action Programme (VAP), the successor to the HPA, will further reinforce this cooperative relationship.

3.

8.

4.

9.

5.

6.

10. The Forum agreed on the seriousness of the threat posed by terrorism to the security and prosperity of the region, and of the world in general. The Forum condemned unconditionally the vicious bomb attack outside the Australian Embassy in Jakarta on 9 September. The Forum expressed its sympathy to the Indonesian victims and their families who suffered in the attack and to those, both Australian and Indonesian, working within the Embassy. Both sides underlined the importance of sustained bilateral and multilateral cooperation in combating the scourge of terrorism. They welcomed the ASEAN-Australia Joint Declaration

288
ASEAN Documents Series 2004 ASEAN Documents Series 2004

289

ASEAN CANADA

Co-Chairs Statement of the ASEAN-Canada Dialogue


Bandar Seri Begawan, Brunei Darussalam, 30-31 March 2004
1. The ASEAN-Canada Dialogue was held on March 30-31, 2004 in Bandar Seri Begawan, Brunei Darussalam. The Meeting was attended by delegations from the governments of all ten ASEAN Member Countries and Canada, and the Secretary General of ASEAN, His Excellency Ong Keng Yong. 2. The Meeting was co-chaired by His Excellency Pehin Dato Lim Jock Seng, Permanent Secretary of the Ministry of Foreign Affairs of Brunei Darussalam, and His Excellency David Mulroney, Assistant Deputy Minister (Asia-Pacic), Department of Foreign Affairs and International Trade of Canada. 3. In his welcoming remarks, H.E. Pehin Dato Lim Jock Seng expressed Brunei Darussalams pleasure, as Country Coordinator, in hosting the Meeting. His Excellency stated that the convening of the Dialogue marked an important development in revitalising the ASEAN-Canada Relations. He underscored the need for closer cooperation on matters of mutual concern and the importance of a strong partnership and friendship through closer contact and deeper understanding. 4. In his opening remarks, H.E. Mr David Mulroney, Assistant Deputy Minister (Asia Pacic), stressed Canadas genuine desire to launch an enhanced relationship reecting common interests and the tremendous economic, political and social progress that is ongoing in the region. Canada would like to update and broaden the scope of its relationship with ASEAN to include new dimensions, especially in the area of economics and trade. This is especially desirable given growing ASEAN-Canada trade, and growing Canadian investment in the region. His Excellency explained that Canada hopes to exchange with ASEAN in such elds as ICT, education, E-government and related areas. He also underlined the common interest and desire by ASEAN and Canada to contribute to global peace and security. 5. Canada welcomed the outcomes of the 9 ASEAN Summit, ASEAN Plus Three Summit and the ASEAN Plus One Summits with China, India, Japan and the ROK held in Bali, in October 2003. It particularly welcomed the establishment of the ASEAN Community with the objective of an integrated ASEAN in the political and security, economic and socio-cultural eld. Canada also welcomed ASEANs efforts to strengthen its relations with its Dialogue Partners such as through the accession of
th

China and India to the Treaty of Amity and Cooperation in Southeast Asia (TAC), as well as the establishment of the ASEAN-India Framework Agreement on Comprehensive Economic Cooperation and the Framework on ASEAN Japan Comprehensive Economic Partnership. Canada expressed its commitment to work closely with ASEAN in support of its various initiatives particularly in implementing the Initiative for ASEAN Integration (IAI) and the realization of the ASEAN Community. 6. The Meeting was briefed on the key domestic developments in Canada in the past year, including the new federal government policy changes under Prime Minister Paul Martin. 7. The Meeting had an extensive exchange of views on the future direction of ASEAN-Canada relations. ASEAN acknowledged that since the establishment of the dialogue relations, cooperation between both sides has developed very signicantly contributing to the regions growth. ASEAN welcomed Canadas keen interest to have an enhanced dialogue with ASEAN. ASEAN afrmed its desire for a mutually rewarding ASEAN-Canada dialogue relationship. The Meeting agreed that there is considerable scope for cooperation and therefore it is timely for the dialogue relations to move forward and explore ways to revitalize it. 8. ASEAN discussed future areas of cooperation including Canadas proposal for cooperation activities with ASEAN such as the idea of developing a trilateral development cooperation mechanism. The Meeting was of the view that the proposed trilateral cooperation would contribute to ASEANs integration efforts including implementing the Work Plan on the Initiative of ASEAN Integration (IAI) and in the promotion of sub-regional growth areas. In this regard, ASEAN welcomed Canadas proposal to organise a Symposium to further develop the idea. Both sides agreed that cooperation should move forward in the spirit of dialogue, inclusiveness and respect. 9. The Meeting exchanged views on other possible future areas of cooperation, such as in information communications technology (ICT), e-government, human resources development (HRD), animal health, food safety standards, as well as addressing emerging and re-emerging infectious diseases.

10. Canada welcomed ASEANs resolve and determination to combat international terrorism and noted the ongoing efforts to address the menace with its Dialogue Partners. In this regard, Canada welcomed the recent convening of the 1st AMMTC+3 (China, Japan and the Republic of Korea) in Bangkok, January 2004 and the Regional Ministerial Meeting on Counter-Terrorism convened by Indonesia and Australia in Bali, 4-5 February 2004. The Meeting looked forward to the recommendations of the ARF ISM on Counter Terrorism and Transnational Crime held in Manila on 30-31 March 2004. Canada expressed its readiness to work with ASEAN in implementing the Work Programme to Implement the ASEAN Plan of Cooperation to combat Transnational Crime. 11. The Meeting expressed satisfaction on the progress of the ASEAN Regional Forum and reafrmed its importance as the key regional security forum in the Asia Pacic. ASEAN welcomed Canadas active participation in the ARF in further strengthening the process. 12. The Meeting emphasized the importance of a peaceful and stable Korean Peninsula to regional peace and stability. In this regard, the Meeting expressed its hope that the next round of six-party talks will be held at an early date and lead to a denuclearized Korean Peninsula, contributing to peace and stability in the region. 13. On the post-war situation in Iraq, views were expressed in support of the central role of the United Nations in the reconstruction and rehabilitation of Iraq in accordance with the aspiration of the Iraqi people. The Meeting welcomed the UN Secretary-Generals recent decision to dispatch a UN team to Iraq to support this transition in line with the UNs responsibility for the maintenance of international peace and security. 14. The Meeting exchanged views on transnational issues, including transnational crimes such as human trafcking, money laundering and illicit trafcking of drugs, as well as transnational health threats such as HIV/AIDS, SARS and Avian Inuenza. 15. The Meeting agreed to work together to address the problem of illicit drugs from both the supply and demand sides, taking into account ASEANs goal to make the region free from drugs by 2015. 16. The Meeting underscored the importance of the Global Fund to Fight AIDS, Tuberculosis and Malaria and the 2nd ASEAN Work Programme (AWPII) on HIV/AIDS II for 2002-2005 in mitigating the impact caused by HIV/AIDS at the global and regional level. The Meeting looked forward to a successful outcome of the World HIV/AIDS Conference to be held in Thailand in July 2004. The Meeting agreed to promote closer cooperation between both sides in the ght against HIV/AIDS.

17. Canada commended regional efforts in addressing the Avian Inuenza outbreak such as the Ministerial Meeting on the Current Poultry Disease Situation in Bangkok on 28 January 2004 and the ASEAN-China Special Meeting on Highly Pathogenic Avian Inuenza (HPAI) Control in Beijing on 3 March 2004. ASEAN also expressed appreciation to Canada for its nancial support to the World Health Organizations regional programs to combat SARS. The Meeting underlined the need to strengthen cooperation among the health and other relevant agencies to promote and facilitate the exchange and sharing of information, as well as strengthen the early warning system to deal with and prevent the spread of SARS and other communicable diseases. 18. The Meeting stressed the need for closer economic cooperation between ASEAN and Canada, which would contribute positively to the economic growth of both sides. The Meeting therefore welcomed Canadas proposal for enhancing economic cooperation between ASEAN and Canada. In this regard, the Meeting welcomed the convening of the workshop on Regionalisation in the 21st Century: A Canada-ASEAN Dialogue As Part of Opening Up of New Cross-Pacic Exchanges held at the ASEAN Secretariat on 9 March 2004. 19. Canada welcomed the positive developments made by ASEAN in moving towards greater economic integration, both internally through AFTA and externally via comprehensive economic cooperation and partnership with its dialogue partners. Canada commended ASEANs decisions to establish an ASEAN Economic Community, which aims to integrate the economies of ASEAN Member Countries into a single market and production base. 20. The Meeting noted that trade and investment between ASEAN and Canada had steadily increased over recent years and agreed that there is great potential to further expand and deepen their scope in the near future. The Meeting agreed to increase greater interaction between senior economic ofcials from ASEAN and Canada. The Meeting was also of the view that the sectoral experts from both regions could also increase their collaboration such as in the areas of customs, animal husbandry and sanitary and phytosanitary. 21. ASEAN also welcomed the proposal by Canada to organise a Canada-ASEAN Trade and Investment Summit to be held in Toronto in April next year and to undertake a Joint Analytical Study on Canada-ASEAN trade and investment relationship. In this regard, ASEAN looked forward to receiving further information on their proposals. 22. The meeting encouraged the participation of the Canadian Private Sector at the ASEAN Business Investment Summit in Vientiane, November 2004 as a means to promote business-to-business contacts between ASEAN and Canada.

290
ASEAN Documents Series 2004 ASEAN Documents Series 2004

291

23. The Meeting also exchanged views on WTO issues, and noted the importance of the Doha Round and of concluding the negotiations by the agreed deadline. The Meeting noted the results of the WTO Ministerial Conference in Cancun and concurred that to move the process forward, all Member Countries need to exercise exibility and political will so as to re-energize the stalled m ultilateral negotiations towards the successful conclusion of the Doha Development Agenda. The Meeting also expressed continuing support for the early accessions of Lao PDR and Vietnam to the WTO. 24. The Meeting welcomed the success of the APEC Economic Leaders Meeting (AELM) in Bangkok in October 2003 and expressed the condence that the decisions

of the meeting would further enhance regional economic dynamism and stability. ASEAN and Canada looked forward to working together at the next AELM in Chile in November 2004. 25. The next ASEAN-Canada Dialogue will be held in Toronto, in April 2005. 26. The Meeting expressed its appreciation to the Government of Brunei Darussalam for its warm hospitality and for the excellent arrangements extended during the Meeting. The Meeting was conducted in a spirit of cooperation and cordiality under the chairmanship of Brunei Darussalam and Canada.

ASEAN CHINA

Memorandum of Understanding Between The Governments of the Member Countries of the Association of Southeast Asian Nations (ASEAN) And The Government of the Peoples Republic of China On Cooperation in the Field of Non-traditional Security Issues
Bangkok, Thailand, 10 January 2004
The Governments of the Member Countries of the Association of Southeast Asian Nations (ASEAN) and the Government of the Peoples Republic of China, (hereinafter referred to as the Parties); DESIRING to strengthen the friendly cooperation among the Parties; PURSUANT to the Joint Declaration of ASEAN and China on Cooperation in the Field of Non-traditional Security Issues adopted on 4th November 2002; DETERMINED to deepen cooperation in the eld of nontraditional security issues among the Parties; Have agreed as follows: Article 1 Objectives The Parties shall develop practical strategies in accordance with their national laws and regulations to enhance the capacity of each individual country and the region as a whole in dealing with such non-traditional security issues as trafcking in illegal drugs, people smuggling including trafcking in women and children, sea piracy, terrorism, arms smuggling, money laundering, international economic crime and cyber crime. Article 2 Areas of Cooperation The Parties have identied the following elds of common interest for mid and long-term cooperation: 1. Information Exchange a. The Parties shall establish a compilation of their national laws and regulations pertaining to such elds as mentioned in Article 1; b. The Parties shall establish a collection of international conventions pertaining to such elds as mentioned in Article 1, to which they are parties, and a collection of bilateral agreements signed among them where appropriate; c. The Parties shall, subject to their respective national laws and policies, exchange intelligence on the nontraditional security issues referred to in Article 1; and d. The Parties shall, subject to their respective national laws and policies, exchange information on special equipment and techniques applied in the prevention and investigation of the non-traditional security issues referred to in Article 1. 2. Personnel Exchange and Training a. The Parties shall promote personnel contact and exchange among their law enforcement ofcers and experts; b. China shall organize workshops to promote exchange of law enforcement experiences among the Parties in combating terrorism, trafcking in illegal drugs, sea piracy and international economic crime; c. China shall hold training courses to upgrade the level of capacity of each Party and the region as a whole in drug control, forensic sciences, immigration administration, road trafc control and the investigation of cyber crime. To ensure the quality of

292
ASEAN Documents Series 2004 ASEAN Documents Series 2004

293

the training courses, China shall invite regional and international experts to give lectures; and d. The Parties shall promote exchange and cooperation among institutions. 3. Law Enforcement Cooperation a. The Parties shall encourage and offer each other the fullest law enforcement cooperation possible in accordance with their respective national laws and on the basis of mutual respect for sovereignty, equality and mutual benet; and b. The Parties shall promote cooperation in accordance with their national laws in such elds as evidence gathering, tracing of crime proceeds, apprehension and repatriation of criminal fugitives and return of crime proceeds; and encourage each other to enter into bilateral legal arrangements therein. 4. Joint Research a. The Parties shall support the joint research by their experts and scholars in the eld of non-traditional security issues, and share the results of research between them; and b. The Parties shall organize experts in relevant elds to provide short-term technical services and to make study tours. Article 3 Implementation 1. The Parties agree that the implementing agencies for this Memorandum of Understanding are: a. The ASEAN Secretariat in coordination with the relevant national agencies of the ASEAN Member Countries; and b. The Ministry of Public Security for the Peoples Republic of China. The implementing agencies of the Parties shall determine through consultation the details, schedule and arrangements for the implementation of the cooperation provided in this Memorandum of Understanding, and shall serve as coordinators for such cooperation. 2. ASEAN welcomes Chinas participation in the existing ASEAN cooperation pertaining to the ght against transnational crime, including the ASEAN Action Plan on the Fight against Transnational Crime and its Work Program. The Parties shall hold meetings at working level once every year to exchange information on implementation of this Memorandum of Understanding, to brief each other on the progress of cooperation under various 2. 1.

mechanisms, and to discuss the plans for future cooperation. Article 4 Financial Arrangements Expenses of workshops and training courses organized by China in accordance with this Memorandum of Understanding shall be covered by the Chinese side, including meals, accommodation and local transportation for the participants sent by ASEAN Member Countries during their stay in China and fees for inviting experts, while the expenses of international travel shall be covered by the sending Countries, except when it is agreed otherwise. Expenses incurred in the implementation of other cooperative activities in accordance with this Memorandum of Understanding shall be covered by the Parties through consultation. The activities mentioned in this Memorandum of Understanding shall be conducted subject to the availability of funds and personnel of the Parties. Article 5 Condentiality 1. Information, document, data, equipment or technology received in accordance with this Memorandum of Understanding shall not be disclosed or distributed to any third party except to the extent as authorized in written form to do so by the country providing it. In the event of termination of this Memorandum of Understanding, the Parties have agreed that the provisions of this Article shall continue to apply. Article 6 Suspension Each Party reserves the right for reasons of security, public order or public health to suspend temporarily, either in whole or in part the implementation of this Memorandum of Understanding, which suspension shall take effect immediately after notication has been given to the other Party through diplomatic channels. Article 7 Revision and Amendment The Parties may request in writing a revision, amendment or modication of all or any part of this Memorandum of Understanding. Any revision, amendment or modication shall be mutually agreed upon in written form by the Parties and shall form part of this Memorandum of Understanding. Such revision, amendment or modication shall come into force on such date as may be determined by the Parties.

Article 8 Settlement of Dispute Any dispute or differences arising out of the interpretation/ implementation/application of the provisions of this Memorandum of Understanding shall be settled amicably through consultation/ negotiation between the Parties without reference to any third party. Article 9 Entry Into Force, Duration and Termination 1. This Memorandum of Understanding shall come into effect on the date of its signing and shall remain in force for a period of 5 years. Thereafter, it may be extended for additional periods subject to availability of funds and agreements of the Parties expressed by way of exchange of letters.

2.

Each Party may give written notice to the other of its desire to terminate this Memorandum of Understanding, of which termination shall be effective thirty (30) days after written notication has been given to the other Party. The termination of this Memorandum of Understanding shall not affect the implementation of ongoing activities/programs.

IN WITNESS WHEREOF, the undersigned, duly authorized by the respective Governments of the ASEAN Member Countries and the Peoples Republic of China, have signed this Memorandum of Understanding. This Memorandum of Understanding is signed in Bangkok, Thailand, on the 10th day of January of the year Two Thousand and Four in two original copies in the English language.

2.

3.

For ASEAN

For the Government of the Peoples Republic of China

ONG KENG YONG Secretary-General of ASEAN

TIAN QIYU Excecutive Vice Minister of Public Security, Peoples Republic of China

3.

294
ASEAN Documents Series 2004 ASEAN Documents Series 2004

295

Joint Press Statement of the China-ASEAN Special Meeting on HPAI Control


Beijing, China, 2 March 2004
The China-ASEAN Special Meeting on HPAI Control was held in Beijing, China on 2 March 2004. The Deputy Prime Minister of Thailand, the Minister of Animal Husbandry and Fisheries of Myanmar, Vice-Ministers and senior ofcials for agriculture and health, and experts from China and 10 ASEAN countries, as well as ofcials from ASEAN Secretariat, UN Food and Agriculture Organization, World Health Organization and World Organization for Animal Health participated in the Meeting. Representatives from Hong Kong and Macao Special Administrative Regions of China attended the meeting as members of the Chinese delegation. Acknowledging that the outbreak of HPAI in many countries in Asia since last December has caused negative impact on the regions agriculture, poultry industry and foreign trade, as well as on human health, and has become a major concern to the region and the international community; Recognizing the trans-boundary nature of the disease, its threat to public health, and the need for China and ASEAN to cooperate on HPAI prevention and control so as to minimize losses; Stressing that the disease must be tackled under strong leadership, with political commitment, and through interagency cooperation and partnership at both national and regional levels; After a review of the current situation of HPAI and indepth discussions on the preventive and control measures, the meeting agreed that collective efforts be made in the region to effectively address the challenge of HPAI through the following measures: 1. Provide access to and exchange of information and experience on HPAI status, prevention and control between China and ASEAN through the ASEAN disease surveillance network, the ASEAN plus three SARS focal point network and the proposed regional veterinary network in order to work towards creating an early warning system for epidemic recognition and control; 2. Enhance cooperation among inspection and quarantine agencies for border management in China and ASEAN countries to prevent the spread of the disease and minimize its impact on health and trade; 3. Propose the establishment of a China-ASEAN cooperation mechanism for public health, through regular meetings of agriculture or health ministers and their senior ofcials, and the convening of joint meetings of the health and agriculture ministers as appropriate; 4. Operationalize the China-ASEAN Fund for Public Health to nance relevant cooperation between China and ASEAN in addressing regional public health crisis; 5. Strengthen extensive cooperation and exchanges with other countries, regional and international organizations, such as WHO, FAO, OIE on HPAI prevention and control; 6. Exchange HPAI expert teams and organize joint technical training courses on HPAI-related technologies and methodologies to include among others laboratory management, diagnosis and testing, emergency response measures and quality of vaccines in compliance with OIE international standards; and 7. China and ASEAN will mutually provide, within their respective capacity, bilateral nancial, material and technical assistance to countries in the region hit and at risk to be infected by HPAI. In this regard, National Reference Laboratory of China will share experience and offer technical cooperation with diagnostic laboratories of ASEAN countries in terms of diagnostic technology.

Joint Media Statement of the 2nd China-ASEAN Seminar on Mass Media Cooperation
Nanning, China, 26-31 August 2004
The representatives of the major news media and information agencies from China and all the ASEAN countries, Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Viet Nam successfully held the Second China-ASEAN Seminar on Mass Media Cooperation in Guangxi and Beijing in August 2004, under the auspices of ASEAN and the Peoples Republic of China. The seminar held discussions and presentations on Coordinating Media Cooperation with the Development of the 10+1 Free Trade Area . All participants noted the continuous efforts by Peoples Daily, China in initiating and organizing the China-ASEAN Seminar on Mass Media Cooperation and extended its gratitude to the Government of the Guangxi Zhuang Autonomous Region for convening this Seminar. All the participants agreed to promote information exchange so as to enhance understanding between Chinese and ASEAN peoples. The participants also agreed to strengthen the coverage on China-ASEAN economic cooperation in line with the development of the Free Trade Area. Cognizant of the unity-in-diversity principle of the region, all the participants conceded their mutual respect toward each other in information gathering and dissemination. To better promote media collaboration between China and ASEAN and to enhance the voice and perspectives of Asia on the international stage, all participants agreed to the following, 1. Establish partnerships between China and ASEAN news media, and cooperate on information sharing, photo swapping, technical cooperation, exchange programmes, facilitating joint news coverage and exchange of news footages; 2. Expand the media cooperation on the internet, including the possibility of establishing a common website featuring news from China and ASEAN; Program exchange and joint program production between China Central Television and National or other TV stations of ASEAN countries; Promote coverage on the China-ASEAN EXPO and economic cooperation programme and support each other on reporting regional and international events such as 2008 Beijing Olympiad.

3.

4.

The participants noted that this seminar is continuing the work endorsed and initiated at the First Seminar in Beijing 2002 and welcomed concrete steps and efforts to enhance China-ASEAN cooperation in mass media The seminar encouraged all parties to implement the proposals and noted that participants of this seminar and the proposed Workshop on Enhancing ASEAN China Cooperation through Information and Media to be held in Indonesia later this year would explore and establish a programme framework on long-term collaboration. The China-ASEAN Seminar on Mass Media Cooperation is proposed to be held annually in China and ASEAN Member Countries alternately and to be participated by high-ranking governmental press ofcials, leaders of national media such as newspaper, news agency and broadcasting media from both China and ASEAN countries.

296
ASEAN Documents Series 2004 ASEAN Documents Series 2004

297

PRESS RELEASE of the ASEAN-China Senior Officials Meeting on the Implementation of the Declaration on the Conduct of Parties in the South China Sea
Kuala Lumpur, Malaysia, 7 December 2004
ASEAN and China have taken another important step to ensure peace and stability in the South China Sea by setting up a joint working group to study and recommend condence-building activities. The joint working group will help translate into concrete cooperation activities the provisions in the Declaration on the Conduct of Parties in the South China Sea (DOC) issued by the Governments of the 10 Member Countries of ASEAN and China in November 2002. Under the DOC, cooperation activities may include: marine environmental protection, marine scientic research, safety of navigation and communication at sea, search and rescue operation, and combating transnational crime. The joint working group will also undertake a registration of experts and eminent persons who may provide technical inputs and non-binding professional views or policy recommendations to the group of ofcial representatives of the 11 Governments. A meeting of senior ofcials from ASEAN and China, held in Kuala Lumpur on 7 December 2004, adopted the terms of reference of the joint working group. Co-chairing the meeting, Dr. Kao Kim Hourn, Secretary of State for Foreign Affairs, Cambodia, and Mr. Wu Dawei, Vice Minister of Foreign Affairs of China, expressed similar optimism and condence that the implementation of the DOC, including the establishment of the joint working group, would contribute signicantly to enhancing peace and stability in the South China Sea. (Cambodia co-chaired the meeting in its capacity as ASEANs country coordinator in the ASEAN-China dialogue partnership.) ASEAN and China believe that condence building activities between them in the South China Sea will create a conducive environment for peaceful settlement of the overlapping sovereignty claims over disputed areas in the South China Sea among Brunei Darussalam, Malaysia, the Philippines, and Viet Nam on the ASEAN side, and China.

Terms of Reference of the ASEAN-China Joint Working Group on the Implementation of the Declaration on the Conduct of Parties in the South China Sea

Background: 1. The Declaration on the Conduct of Parties in the South China Sea (DOC) is the first political document jointly issued by ASEAN Member Countries and China on the South China Sea issue. The document reflects the consensus reached by all Parties on seeking peaceful solutions to disputes and conducting maritime cooperation in order to maintain regional stability in the South China Sea under the principles of the Charter of the United Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence, and other universally recognized principles of international law. 2. All the Parties reafrm their commitment to sincerely and faithfully implement the DOC in order to contribute to regional peace and stability in the South China Sea. 3. The ASEAN-China Senior Ofcials Meeting on the implementation of the DOC convened in Kuala Lumpur on 07 December 2004 decided to establish the ASEAN-China Joint Working Group on the Implementation of the DOC (ASEAN-China JWG). Objectives: 4. The main task of the ASEAN-China JWG is to study and recommend measures to translate the provisions of the DOC into concrete cooperative activities that will enhance mutual understanding and trust. 5. The ASEAN-China JWG shall, in accordance with the obligations and commitment to the DOC, recommend for SOMs consideration, policy and direction, including identifying type of activities the parties should take in order not to complicate or escalate disputes.

6. The work of the ASEAN-China JWG shall be guided by the principles of mutual understanding, consensus, consultation, and cooperation. 7. The ASEAN-China JWG is tasked to formulate recommendations on: a) guidelines and the action plan for the implementation of the DOC; b) specic cooperative activities in the South China Sea, particularly in the following areas: marine environmental protection; marine scientic research; safety of navigation and communication at sea; search and rescue operation; and combating transnational crime. c) a register of experts and eminent persons who may provide technical inputs, non-binding and professional views or policy recommendations to the ASEAN-China JWG; and, d) the convening of workshops, as the need arises. Composition and Organization: 8. The ASEAN-China JWG shall comprise representatives of all Parties to the DOC. The ASEAN Secretariat shall also be present. 9. Meetings of the ASEAN-China JWG shall be cochaired by representatives of ASEAN Country-coordinator and China. 10. The ASEAN-China JWG shall meet regularly at least twice a year and submit a report and recommendations to the ASEAN-China SOM at the end of each meeting.

298
ASEAN Documents Series 2004 ASEAN Documents Series 2004

299

Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-Operation Between the Association of Southeast Asian Nations and the Peoples Republic of China
Vientiane, Laos, 29 November 2004

8. For the purposes of paragraphs 5 to 7, the complaining party shall be deemed to have selected a forum when it has requested the establishment of, or referred a dispute to, a dispute settlement panel or tribunal in accordance with this Agreement or any other agreement to which the parties to a dispute are parties. ARTICLE 3 Liaison Ofce 1. For the purpose of this Agreement, each Party shall: (a) designate an ofce that shall be responsible for all liaison affairs referred to in this Agreement; (b) be responsible for the operation and costs of its designated ofce; and (c) notify the other Parties of the location and address of its designated ofce within 30 days after the completion of its internal procedures for the entry into force of this Agreement. 2. Unless otherwise provided in this Agreement, the submission of any request or document under this Agreement to the designated ofce of any Party shall be deemed to be the submission of that request or document to that Party. ARTICLE 4 Consultations 1. A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the implementation or application of the Framework Agreement whereby: (a) any benet accruing to the complaining party directly or indirectly under the Framework Agreement is being nullied or impaired; or (b) the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained against to carry out its obligations under the Framework Agreement.1 2. Any request for consultations shall be submitted in writing, which shall include the specic measures at issue, and the factual and legal basis (including the provisions of the Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The complaining party shall send the request to the party complained against and the rest of the Parties. Upon receipt, the party complained against shall acknowledge receipt of such request to the complaining party and the rest of the Parties simultaneously.

3. If a request for consultations is made, the party complained against shall reply to the request within 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the party complained against does not respond within the aforesaid 7 days, or does not enter into consultations within the aforesaid 30 days, then the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 4. The parties to a dispute shall make every effort to reach a mutually satisfactory resolution of any matter through consultations. To this end, the parties concerned shall: (a) provide sufcient information to enable a full examination of how the measure might affect the operation of the Framework Agreement; and (b) treat as condential any information exchanged in the consultations which the other party concerned has designated as condential. 5. Consultations shall be condential, and are without prejudice to the rights of any Party in any further or other proceedings. 6. Whenever a Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute in writing of its desire to be joined in the consultations within 10 days after the date of receipt of the request for consultations by the party complained against. Such Party shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations. If the request to be joined in the consultations is not accepted, the requesting Party shall be free to request for separate consultations under this Article. 7. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 8. In cases of urgency, including those which concern perishable goods, the parties to a dispute and arbitral tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic (Lao PDR), Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations (ASEAN) and the Peoples Republic of China (China), (collectively, the Parties , or individually referring to an ASEAN Member State or to China as a Party); RECALLING the Framework Agreement on Comprehensive Economic Co-operation (the Framework Agreement) between ASEAN and China signed by the Heads of Government/State of ASEAN Member States and China in Phnom Penh on the 4th day of November 2002; RECALLING paragraph 1 of Article 11 of the Framework Agreement on the establishment of appropriate formal dispute settlement procedures and mechanism for the purposes of the Framework Agreement within 1 year after the date of entry into force of the Framework Agreement; HAVE AGREED AS FOLLOWS: ARTICLE 1 Denitions For the purposes of this Agreement, the following denitions shall apply unless the context otherwise requires: (a) All the denitions in the Framework Agreement shall apply to this Agreement; (b) days means calendar days, including weekends and holidays; (c) parties to a dispute , parties to the dispute , or parties concerned , means the complaining party and the party complained against; (d) complaining party means any party or parties that requests for consultations under Article 4; and (e) party complained against means any party to which the request for consultations is made under Article 4.

ARTICLE 2 Scope and Coverage 1. This Agreement shall apply to disputes arising under the Framework Agreement which shall also include the Annexes and the contents therein. Hereinafter, any reference to the Framework Agreement shall include all future legal instruments agreed pursuant to it unless where the context otherwise provides. 2. Any special or additional rules and procedures on dispute settlement contained in the Framework Agreement may be listed administratively by the ASEAN Secretariat as an Appendix to this Agreement with the consent of the Parties. 3. Unless otherwise provided for in this Agreement or in the Framework Agreement, or as the Parties may otherwise agree, the provisions of this Agreement shall apply with respect to the avoidance or settlement of disputes between or among the Parties concerning their respective rights and obligations under the Framework Agreement. 4. The provisions of this Agreement may be invoked in respect of measures affecting the observance of the Framework Agreement taken by central, regional or local governments or authorities within the territory of a Party. 5. Subject to paragraph 6, nothing in this Agreement shall prejudice any right of the Parties to have recourse to dispute settlement procedures available under any other treaty to which they are parties. 6. Once dispute settlement proceedings have been initiated under this Agreement or under any other treaty to which the parties to a dispute are parties concerning a particular right or obligation of such parties arising under the Framework Agreement or that other treaty, the forum selected by the complaining party shall be used to the exclusion of any other for such dispute. 7. Paragraphs 5 and 6 above shall not apply where the parties to a dispute expressly agree to the use of more than one dispute settlement forum in respect of that particular dispute.

Non-violation disputes are not permitted under this Agreement.

300
ASEAN Documents Series 2004 ASEAN Documents Series 2004

301

ARTICLE 5 Conciliation or Mediation 1. The parties to a dispute may at any time agree to conciliation or mediation. They may begin at any time and be terminated by the parties concerned at any time. 2. If the parties to a dispute agree, conciliation or mediation proceedings may continue before any person or body as may be agreed by the parties to the dispute while the dispute proceeds for resolution before an arbitral tribunal appointed under Article 6. 3. Proceedings involving conciliation and mediation and positions taken by the parties to a dispute during these proceedings, shall be condential, and without prejudice to the rights of any Party in any further or other proceedings. ARTICLE 6 Appointment of Arbitral Tribunals 1. If the consultations referred to in Article 4 fail to settle a dispute within 60 days after the date of receipt of the request for consultations or within 20 days after such date in cases of urgency including those which concern perishable goods, the complaining party may make a written request to the party complained against to appoint an arbitral tribunal under this Article. A copy of this request shall also be communicated to the rest of the Parties. 2. A request for the appointment of an arbitral tribunal shall give the reasons for the request, including the identication of: (a) the specic measure at issue; and (b) the factual and legal basis (including the provisions of the Framework Agreement alleged to have been breached and any other relevant provisions) for the complaint sufcient to present the problem clearly. 3. Where more than 1 complaining party requests the appointment of an arbitral tribunal related to the same matter, a single arbitral tribunal may, whenever feasible, be appointed by the parties concerned to examine the matter, taking into account their respective rights. 4. Where a single arbitral tribunal is appointed under paragraph 3, it shall organize its examination and present its ndings to all the parties to the dispute in such manner that the rights which they would have enjoyed had separate arbitral tribunals examined the same matter are in no way impaired. If one of the parties to the dispute so requests, the arbitral tribunal may submit separate reports on the dispute to the parties concerned if the timeframe for writing the report so permits. The written submissions by a party to the dispute shall be made available to the other parties and each party to the dispute shall have the right to be present

when any of the other parties to the same dispute presents its views to the arbitral tribunal. 5. Where more than 1 arbitral tribunal is appointed under paragraph 3 to examine the same matter, to the greatest extent possible, the same arbitrators shall be appointed by the parties concerned to serve on each of the separate arbitral tribunals and the timetable for the proceedings of each separate arbitral tribunal shall be harmonised. ARTICLE 7 Composition of Arbitral Tribunals 1. Unless otherwise provided in this Agreement or the parties to the dispute agree, the arbitral tribunal shall have three members. 2. The complaining party shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 20 days of the receipt of the request for appointment of the arbitral tribunal under Article 6. The party complained against shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 30 days of its receipt of the request for appointment of the arbitral tribunal under Article 6. If any party to the dispute fails to appoint an arbitrator within such period, then the arbitrator appointed by the other party to the dispute shall act as the sole arbitrator of the tribunal. 3. Once the complaining party and the party complained against have appointed their respective arbitrators subject to paragraph 2, the parties concerned shall endeavour to agree on an additional arbitrator who shall serve as chair. If the parties concerned are unable to agree on the chair of the arbitral tribunal within 30 days after the date on which the last arbitrator has been appointed under paragraph 2, they shall request the Director-General of the World Trade Organization (WTO) to appoint the chair and such appointment shall be accepted by them. In the event that the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the ofcer next in seniority who is not a national of either party to the dispute shall be requested to appoint the chair. If one of the parties to the dispute is a non-WTO member, the parties to the dispute shall request the President of the International Court of Justice to appoint the chair and such appointment shall be accepted by them. In the event that the President is a national of one of the parties to the dispute, the Vice President or the ofcer next in seniority who is not a national of either party to the dispute shall be requested to appoint the chair. 4. The date of composition of the arbitral tribunal shall be the date on which the chair is appointed under paragraph 3, or the 30th day after the receipt of the request under Article 6 where only a sole arbitrator of the tribunal is available.

5. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended during the appointment of the successor arbitrator. 6. Any person appointed as a member or chair of the arbitral tribunal shall have expertise or experience in law, international trade, other matters covered by the Framework Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgement and independence. Additionally, the chair shall not be a national of any party to a dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to a dispute. 7. Where the original arbitral tribunal is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new tribunal shall be appointed under this Article. ARTICLE 8 Functions of Arbitral Tribunals 1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with the Framework Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of the Framework Agreement, it shall recommend that the party complained against bring the measure into conformity with that provision. In addition to its recommendations, the arbitral tribunal may suggest ways in which the party complained against could implement the recommendations. In its ndings and recommendations, the arbitral tribunal cannot add to or diminish the rights and obligations provided in the Framework Agreement. 2. The arbitral tribunal shall have the following terms of reference unless the parties to a dispute agree otherwise within 20 days from its composition: To examine, in the light of the relevant provisions in the Framework Agreement, the matter referred to this arbitral tribunal by (name of party) and to make ndings, determinations and recommendations provided for in the Framework Agreement. The arbitral tribunal shall address the relevant provisions in the Framework Agreement cited by the parties to a dispute.

3. The arbitral tribunal established pursuant to Article 6 above: (a) shall consult regularly with the parties to the dispute and provide adequate opportunities for the development of a mutually satisfactory resolution; (b) shall make its decision in accordance with the Framework Agreement and the rules of international law applicable between the parties to the dispute; and (c) shall set out, in its decision, its ndings of law and fact, together with the reasons therefore. 4. The decision of the arbitral tribunal shall be nal and binding on the parties to the dispute. 5. An arbitral tribunal shall take its decision by consensus; provided that where an arbitral tribunal is unable to reach consensus, it may take its decision by majority opinion. 6. The arbitral tribunal shall, in consultation with the parties to the dispute and apart from the matters set out in paragraphs 2, 3, 4 of Article 6 and Article 9, regulate its own procedures in relation to the rights of parties to be heard and its deliberations. ARTICLE 9 Proceedings of Arbitral Tribunals 1. An arbitral tribunal shall meet in closed session. The parties to the dispute shall be present at the meetings only when invited by the arbitral tribunal to appear before it. 2. The venue for the substantive meetings of the arbitral tribunal shall be decided by mutual agreement between the parties to the dispute, failing which the rst substantive meeting shall be held in the capital of the party complained against, with the second substantive meeting to be held in the capital of the complaining party. 3. After consulting the parties to the dispute, the arbitral tribunal shall, as soon as practical and possible within 15 days after the composition of the arbitral tribunal, x the timetable for the arbitral process. In determining the timetable for the arbitral process, the arbitral tribunal shall provide sufcient time for the parties to the dispute to prepare their respective submissions. The arbitral tribunal should set precise deadlines for written submissions by the parties to the dispute and they shall respect these deadlines. 4. The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a party to a dispute from disclosing statements of its own positions or its submissions to the public; a party to a dispute shall treat as condential information submitted by any of the other parties concerned to the arbitral tribunal which the

302
ASEAN Documents Series 2004 ASEAN Documents Series 2004

303

submitting party has designated as condential. Where a party to a dispute submits a condential version of its written submissions to the arbitral tribunal, it shall also, upon request of any of the other parties concerned, provide a non-condential summary of the information contained in its submissions that could be disclosed to the public. 5. The rules and procedures pertaining to the proceedings before the arbitral tribunal as set out in Annex 1 of this Agreement shall apply unless the arbitral tribunal decides otherwise after consulting the parties to the dispute. 6. The report of the arbitral tribunal shall be drafted without the presence of the parties to the dispute in the light of the information provided and the statements made. The deliberations of the tribunal shall be condential. Opinions expressed in the report of the arbitral tribunal by an individual arbitrator shall be anonymous. 7. Following the consideration of submissions, oral arguments and any information before it, the arbitral tribunal shall issue a draft report to the parties concerned, including both a descriptive section relating to the facts of the dispute and the arguments of the parties to the dispute and the arbitral tribunals ndings and conclusions. The arbitral tribunal shall accord adequate opportunity to the parties concerned to review the entirety of its draft report prior to its nalization and shall include a discussion of any comments by the parties concerned in its nal report. 8. The arbitral tribunal shall release to the parties to the dispute its nal report within 120 days from the date of its composition. In cases of urgency, including those relating to perishable goods, the arbitral tribunal shall aim to issue its report to the parties to the dispute within 60 days from the date of its composition. When the arbitral tribunal considers that it cannot release its nal report within 120 days, or within 60 days in cases of urgency, it shall inform the parties concerned in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. In no case should the period from the composition of an arbitral tribunal to the release of the report to parties to the dispute exceed 180 days. 9. The nal report of the arbitral tribunal shall become a public document within 10 days after its release to the parties concerned. ARTICLE 10 Third Parties 1. Any Party having a substantial interest in a dispute before an arbitral tribunal and having notied its interest in writing to the parties to such a dispute and the remaining Parties (hereinafter referred to as a third party), shall have an opportunity to make written submissions to the tribunal.

These submissions shall also be given to the parties to a dispute and may be reected in the report of the arbitral tribunal. 2. Third parties shall receive the submissions of the parties to a dispute to the rst meeting of the arbitral tribunal. 3. If a third party considers that a measure already the subject of an arbitral tribunal proceedings nullies or impairs benets accruing to it under the Framework Agreement, such Party may have recourse to normal dispute settlement procedures under this Agreement. ARTICLE 11 Suspension and Termination of Proceedings 1. Where the parties to the dispute agree, the arbitral tribunal may suspend its work at any time for a period not exceeding 12 months from the date of such agreement. Upon the request of any party to a dispute, the arbitral proceeding shall be resumed after such suspension. If the work of the arbitral tribunal has been suspended for more than 12 months, the authority for establishment of the arbitral tribunal shall lapse unless the parties concerned agree otherwise. 2. The parties to a dispute may agree to terminate the proceedings of an arbitral tribunal established under this Agreement before the release of the nal report to them, in the event that a mutually satisfactory solution to the dispute has been found. 3. Before the arbitral tribunal makes its decision, it may at any stage of the proceedings propose to the parties to the dispute that the dispute be settled amicably. ARTICLE 12 Implementation 1. The party complained against shall inform the complaining party of its intention in respect of implementation of the recommendations and rulings of the arbitral tribunal. 2. If it is impracticable to comply immediately with the recommendations and rulings of the arbitral tribunal, the party complained against shall have a reasonable period of time in which to do so. The reasonable period of time shall be mutually determined by the parties to the dispute or, where the parties concerned fail to agree on the reasonable period of time within 30 days of the release of the arbitral tribunals nal report, any of the parties to the dispute may refer the matter to the original arbitral tribunal wherever possible which shall, following consultations with the parties concerned, determine the reasonable period of time

within 30 days after the date of the referral of the matter to it. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the parties concerned in writing of the reasons for the delay and shall submit its report no later than 45 days after the date of the referral of the matter to it. 3. Where there is disagreement as to the existence or consistency with the Framework Agreement of measures taken within the reasonable period of time referred to in paragraph 2 to comply with the recommendations of the arbitral tribunal, such dispute shall be referred to the original arbitral tribunal, wherever possible. The arbitral tribunal shall provide its report to the parties to the dispute within 60 days after the date of the referral of the matter to it. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the parties concerned in writing of the reasons for the delay and shall submit its report no later than 75 days after the date of the referral of the matter to it. ARTICLE 13 Compensation and Suspension of Concessions or Benets 1. Compensation and the suspension of concessions or benets are temporary measures available in the event that the recommendations and rulings are not implemented within a reasonable period of time. However, neither compensation nor the suspension of concessions or benets is preferred to full implementation of a recommendation to bring a measure into conformity with the Framework Agreement. Compensation is voluntary and, if granted, shall be consistent with the Framework Agreement. 2. If the party complained against fails to bring the measure found to be inconsistent with the Framework Agreement into compliance with the recommendations of the arbitral tribunal within the reasonable period of time determined pursuant to paragraph 2 of Article 12, that party shall, if so requested, enter into negotiations with the complaining party with a view to reaching a mutually satisfactory agreement on any necessary compensatory adjustment. 3. If no mutually satisfactory agreement on compensation has been reached within 20 days after the request of the complaining party to enter into negotiations on compensatory adjustment, the complaining party may request the original arbitral tribunal to determine the appropriate level of any suspension of concessions or benets conferred on the party which has failed to bring the measure found to be inconsistent with the Framework Agreement into compliance with the recommendations of the arbitral tribunal. The arbitral tribunal shall provide its report to the parties to the dispute within 30 days after the date of the referral of the matter to it. When the arbitral

tribunal considers that it cannot provide its report within this timeframe, it shall inform the parties concerned in writing of the reasons for the delay and shall submit its report no later than 45 days after the date of the referral of the matter to it. Concessions or benets shall not be suspended during the course of the arbitral proceedings. 4. Any suspension of concessions or benets shall be restricted to those accruing under the Framework Agreement to the party which has failed to bring the measure found to be inconsistent with the Framework Agreement into compliance with the recommendations of the arbitral tribunal. That party and the rest of the Parties shall be informed of the commencement and details of any such suspension. 5. In considering what concessions or benets to suspend: (a) the complaining party should rst seek to suspend concessions or benets in the same sector or sectors as that affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with the Framework Agreement or to have caused nullication or impairment; and (b) the complaining party may suspend concessions or benets in other sectors if it considers that it is not practicable or effective to suspend concessions or benets in the same sector. 6. The suspension of concessions or benets shall be temporary and shall only be applied until such time as the measure found to be inconsistent with the Framework Agreement has been removed, or the Party that must implement the arbitral tribunals recommendations has done so, or a mutually satisfactory solution is reached ARTICLE 14 Language 1. All proceedings pursuant to this Agreement shall be conducted in the English language. 2. Any document submitted for use in any proceedings pursuant to this Agreement shall be in the English language. If any original document is not in the English language, a party submitting it for use in the proceedings pursuant to this Agreement shall provide an English translation of that document. ARTICLE 15 Expenses 1. Each party to a dispute shall bear the costs of its appointed arbitrator and its own expenses and legal costs.

304
ASEAN Documents Series 2004 ASEAN Documents Series 2004

305

2. The costs of the chair of the arbitral tribunal and other expenses associated with the conduct of its proceedings shall be borne in equal parts by the parties to a dispute. ARTICLE 16 Amendments The provisions of this Agreement may be modied through amendments mutually agreed upon in writing by the Parties. ARTICLE 17 Depository For ASEAN, this Agreement shall be deposited with the Secretary-General of ASEAN, who shall promptly furnish a certied copy thereof, to each ASEAN Member State. ARTICLE 18 Entry Into Force 1. This Agreement shall enter into force on 1 January 2005.

2. The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1 January 2005. 3. Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1 January 2005, the rights and obligations of that Party under this Agreement shall commence on the date of the completion of such internal procedures. 4. A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other Parties in writing. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the Peoples Republic of China. DONE at Vientiane, Lao PDR this Twenty Ninth Day of November in the Year Two Thousand and Four, in duplicate copies in the English Language.

For the Republic of Indonesia

For the Republic of the Philippines

MARI ELKA PANGESTU Minister of Trade

CESAR V. PURISIMA Secretary of Trade and Industry

For the Lao Peoples Democratic Republic

For the Republic of Singapore

SOULIVONG DARAVONG Minister of Commerce

LIM HNG KIANG Minister for Trade and Industry

For Malaysia

For the Kingdom of Thailand

For Brunei Darussalam

For the Peoples Republic of China

RAFIDAH AZIZ Minister of International Trade and Industry

WATANA MUANGSOOK Minister of Commerce

For the Union of Myanmar

For the Socialist Republic of Viet Nam

PEHIN DATO ABDUL RAHMAN TAIB Minister of Industry and Primary Resources

BO XILAI Minister of Commerce SOE THA Minister of National Planning and Economic Development TRUONG DINH TUYEN Minister of Trade

For the Kingdom of Cambodia

CHAM PRASIDH Senior Minister and Minister of Commerce

306
ASEAN Documents Series 2004 ASEAN Documents Series 2004

307

ANNEX
RULES AND PROCEDURES FOR THE ARBITRAL PROCEEDINGS

1. Before the rst substantive meeting of the arbitral tribunal with the parties to the dispute, the parties concerned shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments. 2. The complaining party shall submit its rst submission in advance of the rst submission of the party complained against unless the arbitral tribunal decides, in xing the timetable referred to in paragraph 3 of Article 9 and after consultations with the parties to the dispute, that the parties concerned should submit their rst submissions simultaneously. When there are sequential arrangements for the submission of rst submissions, the arbitral tribunal shall establish a rm time-period for receipt of the submission of the party complained against. Any subsequent written submissions shall be submitted simultaneously. 3. At its rst substantive meeting with the parties to the dispute, the arbitral tribunal shall ask the complaining party to present its submissions. Subsequently, and still at the same meeting, the party complained against shall be asked to present its submissions. 4. Formal rebuttals shall be made at the second substantive meeting of the arbitral tribunal. The party complained against shall have the right to present its submission rst, and shall be followed by the complaining party. The parties to the dispute shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.

5. The arbitral tribunal may at any time put questions to the parties to the dispute and ask them for explanations either in the course of a meeting with the parties concerned or in writing. 6. The parties to the dispute shall make available to the arbitral tribunal a written version of their oral statements. 7. In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 2 to 6 shall be made in the presence of the parties to the dispute. Moreover, each partys written submissions, including any comments on the draft report, written versions of oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other party. There shall be no ex parte communications with the arbitral tribunal concerning matters under its consideration. 8. The arbitral tribunal may consult experts to obtain their opinion on certain aspects of the matter. With respect to factual issues concerning a scientic or other technical matter raised by a party to the dispute, the arbitral tribunal may request advisory reports in writing from an expert or experts. The arbitral tribunal may, at the request of a party or parties to the dispute, or on its own volition, select, in consultation with the parties to the dispute, scientic or technical experts who shall assist the arbitral tribunal throughout its proceedings but who shall not have the right to vote in respect of any decision to be made by the arbitral tribunal

Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the Peoples Republic of China
Vientiane, Laos, 29 November 2004
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic (Lao PDR), Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations (collectively, ASEAN or ASEAN Member States , or individually, ASEAN Member State), and the Peoples Republic of China (China); RECALLING the Framework Agreement on Comprehensive Economic Co-operation (the Framework Agreement) between ASEAN and China (collectively, the Parties , or individually referring to an ASEAN Member State or to China as a Party) signed by the Heads of Government/ State of ASEAN Member States and China in Phnom Penh, Cambodia on the 4th day of November 2002 and the Protocol to Amend the Framework Agreement on Comprehensive Economic Co-operation on the Early Harvest Programme signed by the Economic Ministers of the Parties in Bali, Indonesia on the 6th day of October 2003; RECALLING further Articles 2(a), 3(1) and 8(1) of the Framework Agreement, which reect the Parties commitment to establish the ASEAN-China Free Trade Area (ACFTA) covering trade in goods by 2010 for ASEAN 6 and China and by 2015 for the newer ASEAN Member States; REAFFIRMING the Parties commitment to establish the ASEAN-China Free Trade Area within the specied timeframes, while allowing exibility to the Parties to address their sensitive areas as provided in the Framework Agreement, HAVE AGREED AS FOLLOWS: ARTICLE 1 Denitions For the purposes of this Agreement, the following denitions shall apply unless the context otherwise requires: (a) WTO means the World Trade Organization; (b) the GATT 1994 means the General Agreement of Tariffs and Trade 1994, including Annex 1 (Notes and Suplementary Provions); (c) ASEAN 6 refers to Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand; (d) newer ASEAN Member States refers to Cambodia, Lao PDR, Myanmar and Viet Nam; (e) applied MFN tariff rates shall include in-quota rates, and shall: (i) in the case of ASEAN Member States (which are WTO members as of 1 July 2003) and China, refer to their respective applied rates as of 1 July 2003; and (ii) in the case of ASEAN Member States (which are non-WTO members as of 1 July 2003), refer to the rates as applied to China as of 1 July 2003; (f) non-tariff measures shall include non-tariff barriers; (g) AEM means ASEAN Economic Ministers; (h) MOFCOM means Ministry of Commerce of China; (i) SEOM means ASEAN Senior Economic Ofcials Meeting. ARTICLE 2 National Treatment on Internal Taxation and Regulation Each Party shall accord national treatment to the products of all the other Parties covered by this Agreement and the Framework Agreement in accordance with Article III of the GATT 1994. To this end, the provisions of Article III of the GATT 1994 shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement. ARTICLE 3 Tariff Reduction and Elimination 1. The tariff reduction or elimination programme of the Parties shall require the applied MFN tariff rates on listed tariff lines to be gradually reduced and where applicable, eliminated, in accordance with this Article. 2. The tariff lines which are subject to the tariff reduction or elimination programme under this Agreement shall include all tariff lines not covered by the Early Harvest Programme under Article 6 of the Framework Agreement, and such tariff lines shall be categorised for tariff reduction and elimination as follows:

308
ASEAN Documents Series 2004 ASEAN Documents Series 2004

309

(a) Normal Track Tariff lines placed in the Normal Track by each Party on its own accord shall have their respective applied MFN tariff rates gradually reduced and eliminated in accordance with the modalities set out in Annex 1 of this Agreement with the objective of achieving the targets prescribed in the thresholds therein. (b) Sensitive Track: Tariff lines placed in the Sensitive Track by each Party on its own accord shall have their respective applied MFN tariff rates reduced or eliminated in accordance with the modalities set out in Annex 2 of this Agreement. 3. Subject to Annex 1 and Annex 2 of this Agreement, all commitments undertaken by each Party under this Article shall be applied to all the other Parties. ARTICLE 4 Transparency Article X of the GATT 1994 shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement. ARTICLE 5 Rules of Origin The Rules of Origin and the Operational Certication Procedures applicable to the products covered under this Agreement and the Early Harvest Programme of the Framework Agreement are set out in Annex 3 of this Agreement. ARTICLE 6 Modication of Concessions 1. Any Party to this Agreement may, by negotiation and agreement with any Party to which it has made a concession under this Agreement, modify or withdraw such concession made under this Agreement. 2. In such negotiations and agreement, which may include provision for compensatory adjustment with respect to other products, the Parties concerned shall maintain a general level of reciprocal and mutually advantageous concessions not less favourable to trade than that provided for in this Agreement prior to such negotiations and agreement. ARTICLE 7 WTO Disciplines 1. Subject to the provisions of this Agreement and any future agreements as may be agreed pursuant to reviews of this Agreement by the Parties under Article 17

of this Agreement, the Parties1 hereby agree and reafrm their commitments to abide by the provisions of the WTO disciplines on, among others, non-tariff measures, technical barriers to trade, sanitary and phytosanitary measures, subsidies and countervailing measures, anti-dumping measures and intellectual property rights. 2. The provisions of the WTO Multilateral Agreements on Trade in Goods, which are not specically mentioned in or modied by this Agreement, shall apply, mutatis mutandis, to this Agreement unless the context otherwise requires. ARTICLE 8 Quantitative Restrictions and Non-Tariff Barriers 1. Each Party undertakes not to maintain any quantitative restrictions at any time unless otherwise permitted under the WTO disciplines.2 2. The Parties shall identify non-tariff barriers (other than quantitative restrictions) for elimination as soon as possible after the entry into force of this Agreement. The time frame for elimination of these non-tariff barriers shall be mutually agreed upon by all Parties. 3. The Parties shall make information on their respective quantitative restrictions available and accessible upon implementation of this Agreement. ARTICLE 9 Safeguard Measures 1. Each Party, which is a WTO member, retains its rights and obligations under Article XIX of the GATT 1994 and the WTO Agreement on Safeguards. 2. With regard to ACFTA safeguard measures, a Party shall have the right to initiate such a measure on a product within the transition period for that product. The transition period for a product shall begin from the date of entry into force of this Agreement and end ve years from the date of completion of tariff elimination/reduction for that product. 3. A Party shall be free to take ACFTA safeguard measures if as an effect of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, or, if as a result of unforeseen developments and of the effects of the obligations incurred by that

Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, imports of any particular product from the other Parties increase in such quantities, absolute or relative to domestic production, and under such conditions so as to cause or threaten to cause serious injury to the domestic industry of the importing Party that produces like or directly competitive products. 4. If an ACFTA safeguard measure is taken, a Party taking such a measure may increase the tariff rate applicable to the product concerned to the WTO MFN tariff rate applied to such product at the time when the measure is taken. 5. Any ACFTA safeguard measure may be maintained for an initial period of up to 3 years and may be extended for a period not exceeding 1 year. Notwithstanding the duration of an ACFTA safeguard measure on a product, such measure shall terminate at the end of the transition period for that product. 6. In applying ACFTA safeguard measures, the Parties shall adopt the rules for the application of safeguard measures as provided under the WTO Agreement on Safeguards, with the exception of the quantitative restriction measures set out in Article 5, and Articles 9, 13 and 14 of the WTO Agreement on Safeguards. As such, all other provisions of the WTO Agreement on Safeguards shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement. 7. An ACFTA safeguard measure shall not be applied against a product originating in a Party, so long as its share of imports of the product concerned in the importing Party does not exceed 3% of the total imports from the Parties. 8. In seeking compensation under Article 8 of the WTO Agreement on Safeguards for an ACFTA safeguard measure, the Parties shall seek the good ofces of the body referred to in paragraph 12 to determine the substantially equivalent level of concessions prior to any suspension of equivalent concessions. Any proceedings arising from such good ofces shall be completed within 90 days from the date on which the ACFTA safeguard measure was applied. 9. On a Partys termination of an ACFTA safeguard measure on a product, the tariff rate for that product shall be the rate that, according to that Partys tariff reduction and elimination schedule, as provided in Annex 1 and Annex 2 of this Agreement, would have been in effect commencing on 1 January of the year in which the safeguard measure is terminated. 10. All ofcial communications and documentations exchanged among the Parties and to the body referred to in paragraph 12 relating to any ACFTA safeguard measures shall be in writing and shall be in the English language.

11. When applying ACFTA safeguard measures, a Party shall not have simultaneous recourse to the WTO safeguard measures referred to in paragraph 1. 12. For the purpose of this Article, any reference to Council for Trade in Goods or the Committee on Safeguards in the incorporated provisions of the WTO Agreement on Safeguards shall, pending the establishment of a permanent body under paragraph 1 of Article 16, refer to the AEM-MOFCOM, or the SEOM-MOFCOM, as appropriate, which shall be replaced by the permanent body once it is established. ARTICLE 10 Acceleration of Commitments Nothing in this Agreement shall preclude the Parties from negotiating and entering into arrangements to accelerate the implementation of commitments made under this Agreement, provided that such arrangements are mutually agreed to and implemented by all the Parties. ARTICLE 11 Measures to Safeguard the Balance of Payments Where a Party is in serious balance of payments and external nancial difculties or threat thereof, it may, in accordance with the GATT 1994 and the Understanding on Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures. ARTICLE 12 General Exceptions Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures: (a) necessary to protect public morals; (b) necessary to protect human, animal or plant life or health; (c) relating to the importations or exportations of gold or silver; (d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices; (e) relating to the products of prison labour;

1 Non-WTO members of ASEAN shall abide by the WTO provisions in accordance with their accession commitments to the WTO. 2 Non-WTO members of ASEAN shall phase out their quantitative restrictions 3 years [Viet Nam: 4 years] from the date of entry into force of this Agreement or in accordance with their accession commitments to the WTO, whichever is earlier.

310
ASEAN Documents Series 2004 ASEAN Documents Series 2004

311

(f) imposed for the protection of national treasures of artistic, historic or archaeological value; (g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption; (h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved; (i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to nondiscrimination; (j) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist. ARTICLE 13 Security Exceptions Nothing in this Agreement shall be construed: (a) to require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests; (b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests, including but not limited to: (i) action relating to ssionable materials or the materials from which they are derived; (ii) action relating to the trafc in arms, ammunition and implements of war and to such trafc in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; (iii) action taken so as to protect critical communications infrastructure from deliberate attempts intended to disable or degrade such infrastructure; (iv) action taken in time of war or other emergency in domestic or international relations; or

(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security. ARTICLE 14 Recognition of Chinas Market Economy Status Each of the ten ASEAN Member States agrees to recognise China as a full market economy and shall not apply, from the date of the signature of this Agreement, Sections 15 and 16 of the Protocol of Accession of the Peoples Republic of China to the WTO and Paragraph 242 of the Report of the Working Party on the Accession of China to WTO in relation to the trade between China and each of the ten ASEAN Member States. ARTICLE 15 State, Regional and Local Government In fullling its obligations and commitments under this Agreement, each Party shall ensure their observance by regional and local governments and authorities in its territory as well as their observance by non-governmental bodies (in the exercise of powers delegated by central, state, regional or local governments or authorities) within its territory. ARTICLE 16 Institutional Arrangements 1. Pending the establishment of a permanent body, the AEM-MOFCOM, supported and assisted by the SEOMMOFCOM, shall oversee, supervise, coordinate and review the implementation of this Agreement. 2. The ASEAN Secretariat shall monitor and report to the SEOM-MOFCOM on the implementation of this Agreement. All Parties shall cooperate with the ASEAN Secretariat in the performance of its duties. 3. Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the contact point of the requested Party shall identify the ofce or ofcial responsible for the matter and assist in facilitating communication with the requesting Party. ARTICLE 17 Review 1. The AEM-MOFCOM or their designated representatives shall meet within a year of the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement for the purpose of

considering further measures to liberalise trade in goods as well as develop disciplines and negotiate agreements on matters referred to in Article 7 of this Agreement or any other relevant matters as may be agreed. 2. The Parties shall, taking into account their respective experience in the implementation of this Agreement, review the Sensitive Track in 2008 with a view to improving the market access condition of sensitive products, including the further possible reduction of the number of products in the Sensitive Track and the conditions governing the reciprocal tariff rate treatment of products placed by a Party in the Sensitive Track. ARTICLE 18 Annexes and Future Instruments This Agreement shall include: (a) the Annexes and the contents therein which shall form an integral part of this Agreement: and (b) all future legal instruments agreed pursuant to this Agreement. ARTICLE 19 Amendments This Agreement may be amended by the mutual written consent of the Parties. ARTICLE 20 Miscellaneous Provisions Except as otherwise provided in this Agreement, this Agreement or any action taken under it shall not affect or nullify the rights and obligations of a Party under existing agreements to which it is a party. ARTICLE 21 Dispute Settlement The Agreement on Dispute Settlement Mechanism between ASEAN and China shall apply to this Agreement.

ARTICLE 22 Depositary For the ASEAN Member States, this Agreement shall be deposited with the Secretary-General of ASEAN, who shall promptly furnish a certied copy thereof, to each ASEAN Member State. ARTICLE 23 Entry Into Force 1. This Agreement shall enter into force on 1 January 2005. 2. The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1 January 2005. 3. Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1 January 2005, the rights and obligations of that Party under this Agreement shall commence on the date of the completion of such internal procedures. 4. A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other Parties in writing. IN WITNESS WHEREOF, the undersigned being duly authorised by their respective Governments, have signed this Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the Peoples Republic of China. DONE at, Vientiane, Lao PDR this Twenty Ninth Day of November in the Year Two Thousand and Four, in duplicate copies in the English Language.

For Brunei Darussalam

For the Peoples Republic of China

PEHIN DATO ABDUL RAHMAN TAIB Minister of Industry and Primary Resources

BO XILAI Minister of Commerce

312
ASEAN Documents Series 2004

For the Kingdom of Cambodia

For the Republic of the Philippines

CHAM PRASIDH Senior Minister and Minister of Commerce

CESAR V. PURISIMA Secretary of Trade and Industry

For the Republic of Indonesia

For the Republic of Singapore

MARI ELKA PANGESTU Minister of Trade

LIM HNG KIANG Minister for Trade and Industry

For the Lao Peoples Democratic Republic

For the Kingdom of Thailand

SOULIVONG DARAVONG Minister of Commerce

WATANA MUANGSOOK Minister of Commerce

For Malaysia

For the Socialist Republic of Viet Nam

RAFIDAH AZIZ Minister of International Trade and Industry

TRUONG DINH TUYEN Minister of Trade

For the Union of Myanmar

SOE THA Minister of National Planning and Economic Development

313
ASEAN Documents Series 2004

ASEAN JAPAN

Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia to Japan
Jakarta, Indonesia, 2 July 2004
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First and the Second Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987 and on 25 July 1998, respectively; WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Second Protocol provides that States outside Southeast Asia may accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and WHEREAS the Government of Japan declared its intent to accede to the Treaty as stated in the Declaration on Accession to the Treaty of Amity and Cooperation in Southeast Asia by Japan done in Tokyo on 12 December 2003; NOW, therefore, the Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, having considered the said Declaration, hereby consent to the accession to the Treaty by the Government of Japan. Done at Jakarta, Indonesia, on the Second Day of July in the Year Two Thousand and Four.

For Brunei Darussalam

For the Union of Myanmar

Masna Acting Minister of Foreign Affairs

Win Aung Minister for Foreign Affairs

For the Kingdom of Cambodia

For the Republic of the Philippines

HOR Namhong Senior Minister and Minister of Foreign Affairs and International Cooperation

Delia Domingo Albert Secretary of Foreign Affairs

314
ASEAN Documents Series 2004 ASEAN Documents Series 2004

315

For the Republic of Indonesia

For the Republic of Singapore

Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by Japan
Jakarta, Indonesia, 2 July 2004
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First and the Second Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987 and 25 July 1998, respectively; WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Second Protocol provides that States outside Southeast Asia may also accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and

Dr. N. Hassan Wirajuda Minister for Foreign Affairs

Prof. S. Jayakumar Minister for Foreign Affairs

For the Lao Peoples Democratic Republic

For the Kingdom of Thailand

Somsavat Lengsavad Deputy Prime Minister, Minister of Foreign Affairs

Dr. Surakiart Sathirathai Minister of Foreign Affairs

WHEREAS all the States in Southeast Asia have consented to the accession of Japan to the Treaty; NOW, therefore, the Government of Japan, having considered the aforesaid Treaty as amended by the Protocols, accedes to the same and undertakes faithfully to perform and carry out all the stipulations therein contained by depositing the instrument of ratication. IN WITNESS WHEREOF, this Instrument of Accession is signed by the Minister for Foreign Affairs of Japan. DONE at Jakarta, Indonesia, on the Second Day of July in the Year Two Thousand and Four.

For Malaysia

For the Socialist Republic of Viet Nam

Datuk Seri Syed Hamid Albar Minister of Foreign Affairs

Nguyen Dy Nien Minister of Foreign Affairs

Yoriko Kawaguchi Minister for Foreign Affairs of Japan

316
ASEAN Documents Series 2004 ASEAN Documents Series 2004

317

ASEAN ROK

For the Republic of Indonesia

For the Republic of Singapore

Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia to Republic of Korea
Vientiane, Laos, 27 November 2004
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First and the Second Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987 and on 25 July 1998 respectively; WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Second Protocol provides that States outside Southeast Asia may accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and WHEREAS the Minister of Foreign Affairs and Trade of the Republic of Korea, in a letter dated 18 October 2004, conveyed the desire of the Republic of Korea to accede to the Treaty; NOW, therefore, the Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, having considered the said letter, hereby consent to the accession to the Treaty by the Republic of Korea. DONE in Vientiane, the Lao Peoples Democratic Republic, on the Twenty-Seventh Day of November in the Year Two Thousand and Four.

Dr. N. Hassan Wirajuda Minister for Foreign Affairs

George Yeo Minister for Foreign Affairs

For the Lao Peoples Democratic Republic

For the Kingdom of Thailand

Somsavat Lengsavad Deputy Prime Minister, Minister of Foreign Affairs

Dr. Surakiart Sathirathai Minister of Foreign Affairs

For Malaysia

For the Socialist Republic of Viet Nam

Dato Seri Syed Hamid Albar Minister of Foreign Affairs

Le Van Bang Deputy Minister for Foreign Affairs

For Brunei Darussalam

For the Union of Myanmar

Mohamed Bolkiah Minister of Foreign Affairs

Nyan Win Minister for Foreign Affairs

For the Kingdom of Cambodia

For the Republic of the Philippines

HOR Namhong Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation

Alberto G. Romulo Secretary of Foreign Affairs

318
ASEAN Documents Series 2004 ASEAN Documents Series 2004

319

Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by Republic of Korea
Vientiane, Laos, 27 November 2004
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First and the Second Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987 and 25 July 1998, respectively; WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Second Protocol provides that States outside Southeast Asia may also accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and WHEREAS all the States in Southeast Asia have consented to the accession of the Republic of Korea to the Treaty; NOW, therefore, the Republic of Korea, having considered the aforesaid Treaty as amended by the Protocols, hereby accedes to the same and undertakes faithfully to perform and carry out all the stipulations therein contained. IN WITNESS WHEREOF, this Instrument of Accession is signed by the Minister of Foreign Affairs and Trade of the Republic of Korea. DONE in Vientiane, the Lao Peoples Democratic Republic, on the Twenty-Seventh Day of November in the Year Two Thousand and Four.

ASEAN RUSSIA

ASEAN-Russian Federation Joint Declaration for Cooperation to Combat International Terrorism


Jakarta, Indonesia, 2 July 2004
We, the Foreign Ministers of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam, Member Countries of the Association of Southeast Asian Nations (ASEAN) and the Foreign Minister of the Russian Federation: MINDFUL of the Declaration on Terrorism by the 8th A SEAN Summit and the 2001 ASEAN Declaration on Joint Action to Counter Terrorism, which, inter alia, undertake to strengthen cooperation at bilateral, regional and international levels in combating terrorism; RECALLING the Joint Declaration of the Foreign Ministers of the Russian Federation and the Association of Southeast Asian Nations on Partnership for Peace and Security, and Prosperity and Development in the Asia-Pacic Region, signed on 19 June 2003 in Phnom Penh, in which the parties resolutely reject all acts, methods and practices of international terrorism and express their readiness to enhance cooperation in combating this global menace; WELCOMING Russias efforts to combat international terrorism at the national, regional and global levels, in particular, within the framework of the United Nations, G-8, the Commonwealth of Independent States (CIS), the Collective Security Treaty Organization (CST) and the Shanghai Cooperation Organization (SCO); NOTING the CIS 1999 Treaty on Cooperation in Combating Terrorism and the SCOs 2001 Shanghai Convention on Combating Terrorism, Separatism and Extremism; STRESSING the central coordinating role of the United Nations in the ght against terrorism; REAFFIRMING their commitment to counter, prevent and suppress all forms of terrorist acts in accordance with the Charter of the United Nations, relevant international conventions on international terrorism and other international instruments, in particular the principles outlined in United Nations Security Council Resolutions 1267, 1373, 1390, 1455 and 1456; SUPPORTING the work of the UN Counter-Terrorism Committee, aimed at enhancing effectiveness of the international efforts in the ght against terrorism; VIEWING acts of terrorism in all its forms and manifestations, committed wherever, whenever and by whomsoever as a profound threat to international peace and security, which require concerted action to protect and defend all peoples and the peace and security of the world; REJECTING any attempt to associate terrorism with any religion, race, culture and nationality; stressing the need to strengthen dialogue and promote mutual understanding within and among countries, cultures and civilizations in order, inter alia, to help address the underlying causes of terrorism without acknowledging these as justications for terrorist and/or criminal activities; RECOGNISING the importance and need to respect each others independence, sovereign equality and territorial integrity, the principles of non-interference in the internal affairs of other States and the non-use or threat of force; ACKNOWLEDGING the value of cooperation on security, intelligence and law enforcement matters, and desiring to strengthen and expand this cooperation to combat international terrorism through the ASEAN Ministerial Meeting on Transnational Crime (AMMTC), as a leading ASEAN body for cooperation in combating terrorism, and relevant ASEAN-Russia mechanisms and welcoming the Agreement on Information Exchange and Establishment of Communication Procedures; RECOGNISING the transnational nature of terrorist activities and the need to strengthen international cooperation at all levels in combating terrorism in a comprehensive manner Solemnly declare as follows: Objectives: 1. ASEAN and Russia (hereinafter collectively referred to as the participants) reafrm the importance of having a framework for cooperation to prevent, disrupt

Ban Ki-moon Minister of Foreign Affairs and Trade Republic of Korea

320
ASEAN Documents Series 2004 ASEAN Documents Series 2004

321

and combat international terrorism through the exchange and ow of information, intelligence and capacity-building and welcome effective legal cooperation through the arrangement of mutual legal assistance and extradition agreements. 2. The participants emphasize that the purpose of this cooperation as stated in this Declaration is to enhance the efcacy of the efforts to combat terrorism. Scope and Areas of Cooperation: 3. The participants stress their commitment to implement in good faith the principles and provisions of this Declaration, in conformity with their obligations under international law and in accordance with their respective domestic laws, in any or all ofthe following activities: i. Strengthen and expand interaction through the AMMTC as a leading ASEAN body for cooperation in combating terrorism, ASEAN Senior Ofcials Meeting on Transnational Crime (SOMTC), ASEAN Regional Forum (ARF), ASEANRussia Post-Ministerial Conferences, ASEANRussia Senior Ofcials Meeting, ASEAN-Russia Joint Cooperation Committee and other regional and dialogue mechanisms including relevant bodies that may be established in future. In this regard, the participants have agreed to explore the possibility to establish the ASEAN-Russia Working Group on Counter-Terrorism. Take steps to enhance practical cooperation on counter-terrorism between their agencies concerned including law enforcement agencies, research institutions and think tanks , as well as strengthen links with INTERPOL, EUROPOL, ASEANAPOL, the CIS Anti-Terrorist Center and Regional Anti-Terrorist Structure (RATS) of the Shanghai Cooperation Organization. Continue and improve intelligence and terrorist financing information sharing on counterterrorism measures, including the development of more effective counter-terrorism policies and legal, regulatory and administrative counterterrorism regimes. Enhance liaison relationships amongst their law enforcement agencies to engender practical counter-terrorism regimes.

v.

Strengthen capacity-building efforts through training and education; consultations between ofcials, analysts and eld operators; seminars, conferences and joint operations as agreed on a case-by-case basis. Provide assistance on transportation, border and immigration control challenges, including document and identity fraud to stem effectively the ow of terrorist-related material, money and people.

For ASEAN

For Russia

vi.

Dr. N. Hassan Wirajuda Minister for Foreign Affairs of the Republic of Indonesia Chairman of the 37th ASEAN Standing Committee

Sergey Lavrov Minister of Foreign Affairs of the Russian Federation

vii. Comply with United Nations Security Council Resolutions 1267, 1373, 1390, 1455, 1456 and other United Nations resolutions or declarations on international terrorism. viii. Explore additional areas of cooperation. Participation: 4. The participants are called upon to become parties to all 12 United Nations conventions and protocols relating to terrorism. 5. The participants are each called upon to designate an agency to coordinate with law enforcement agencies, authorities dealing with countering terrorism nancing and other concerned government agencies, and to act as the central point of contact for the purposes of implementing this Declaration. Disclosure of Information: 6. The participants expect that no participant would disclose or distribute any confidential information, documents or data received in connection with this Declaration to any third party at any time, except to the extent agreed in writing by the participant that provided the information. Implementation: 7. All the participants are urged to promote and implement in good faith and effectively the principles and provisions of the present Declaration in all its aspects. Done in duplicate on the Second Day of July in the Year Two Thousand and Four in Jakarta, both texts being equally authentic.

ii.

iii.

iv.

322
ASEAN Documents Series 2004 ASEAN Documents Series 2004

323

Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia to Russian Federation
Vientiane, Laos, 29 November 2004
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First and the Second Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987 and 25 July 1998, respectively; WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Second Protocol provides that States outside Southeast Asia may accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and WHEREAS the Minister of Foreign Affairs of the Russian Federation, in a letter dated 31 July 2003, conveyed the desire of the Russian Federation to accede to the Treaty; NOW, therefore, the Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, having considered the said letter, hereby consent to the accession to the Treaty by the Russian Federation. DONE in Vientiane, the Lao Peoples Democratic Republic, on the Twenty-Ninth Day of November in the Year Two Thousand and Four.

For the Republic of Indonesia

For the Republic of Singapore

Dr. N. Hassan Wirajuda Minister for Foreign Affairs

George Yeo Minister for Foreign Affairs

For the Lao Peoples Democratic Republic

For the Kingdom of Thailand

Somsavat Lengsavad Deputy Prime Minister, Minister of Foreign Affairs

Dr. Surakiart Sathirathai Minister of Foreign Affairs

For Malaysia

For the Socialist Republic of Viet Nam

Dato Seri Syed Hamid Albar Minister of Foreign Affairs


For Brunei Darussalam For the Union of Myanmar

Le Van Bang Deputy Minister for Foreign Affairs

Mohamed Bolkiah Minister of Foreign Affairs

Nyan Win Minister for Foreign Affairs

For the Kingdom of Cambodia

For the Republic of the Philippines

HOR Namhong Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation

Alberto G. Romulo Secretary of Foreign Affairs

324
ASEAN Documents Series 2004 ASEAN Documents Series 2004

325

Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by Russian Federation
Vientiane, Laos, 29 November 2004

ASEAN US

Joint Press Statement of the 17th ASEAN-US Dialogue


Bangkok, Thailand, 30 January 2004

WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First and the Second Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987 and 25 July 1998, respectively; WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Second Protocol provides that States outside Southeast Asia may also accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and WHEREAS all the States in Southeast Asia have consented to the accession of the Russian Federation to the Treaty; NOW, therefore, the Russian Federation, having considered the aforesaid Treaty as amended by the Protocols, hereby accedes to the same and undertakes faithfully to perform and carry out all the stipulations therein contained. IN WITNESS WHEREOF, this Instrument of Accession is signed by the Minister of Foreign Affairs of the Russian Federation. DONE in Vientiane, the Lao Peoples Democratic Republic, on the Twenty-Ninth Day of November in the Year Two Thousand and Four.

1. The Seventeenth ASEAN-US Dialogue was held on 30 January 2004 in Bangkok. Delegates from the governments of the ten ASEAN Member Countries and the United States and from the ASEAN Secretariat attended the Meeting. 2. In his welcoming remarks, H.E.Tej Bunnag, Permanent Secretary for Foreign Affairs of Thailand, stated that with uncertainties in the international environment, ASEAN and the United States continued to be even more relevant for each others foreign policy in the Asia Pacic region. He further stated that with ASEAN moving towards an ASEAN Security Community, ASEAN Economic Community and ASEAN Socio-Cultural Community, there is further scope for the enhancement of cooperation and partnership between ASEAN and the US. 3. In his opening remarks, H.E. James A. Kelly, US Assistant Secretary of State for East Asian and Pacic Affairs, highlighted the positive development and mutual benets of US-ASEAN relations during the almost 27 years of the Dialogue. He underscored US-ASEAN common interests in expanding their ourishing economic relations, as well as in addressing transnational problems such as terrorism, trafcking in persons and in narcotics and HIV-AIDS. He emphasized the US commitment to strengthening further US-ASEAN relations and looked forward to a discussion of concrete ways in which both sides can broaden and deepen their relationship. 4. The Meeting welcomed the ASEAN-US Work Plan on Counter-Terrorism which provides a rm basis for closer cooperation between the two sides in combatting international terrorism, and stressed that this Work Plan should complement the ASEANs Work Programme to Implement the ASEAN Plan of Action to Combat Transnational Crime. The US supported the ongoing efforts of ASEAN Member Countries to prevent, suppress and eradicate acts of terrorism in all its forms and manifestations, committed wherever, whenever and by whomsoever, and welcomed ASEANs report on progress made in this regard at the 4th ASEAN Ministerial Meeting on Transnational Crime (AMMTC) and the 1st AMMTC+3 (China, Japan and the Republic of Korea) in Bangkok in January 2004. 5. The Meeting stressed the importance of maintaining people-to-people contacts and increased ow of travel between US and ASEAN citizens.

6. The Meeting underscored the importance of cooperation with the US on maritime security as a substantial step towards the drive of ASEAN to regionally address terrorism in a holistic, integrated and comprehensive manner as advocated in the Declaration of ASEAN Concord II (Bali Concord II). The Meeting acknowledged the growing cooperation in this eld between the US and individual ASEAN Member Countries bilaterally. The Meeting also welcomed increasing counter-terrorism cooperation in multilateral fora such as the United Nations, the ARF and APEC. 7. The US briefed the Meeting on the latest developments in Iraq. The US emphasized the progress made towards an independent, democratic, peaceful, prosperous and unied Iraq, and underscored the importance of the 30 June 2004 transition of governing authority. The Meeting welcomed the UN Secretary-Generals recent decision to dispatch a UN team to Iraq to support this transition. ASEAN reafrmed that the United Nations must continue to play a central role in the reconstruction and rehabilitation of Iraq in accordance with the aspirations of its people and with the UNs responsibility for the maintenance of international peace and security. 8. The Meeting discussed the current diplomatic initiatives to end violence and restart negotiations in the Middle East in accordance with the Quartets Road Map to achieve the vision of a region where two States, Israel and Palestine, live side by side within secure and recognized borders. 9. The Meeting recognized that the issue of the Korean Peninsula is vital to peace and stability in the Asia-Pacic region and, in this connection, underscored the importance of a nuclear weapons free Korean Peninsula. The Meeting underlined the importance of a peaceful, comprehensive solution to the issue by diplomatic means. The Meeting expressed its hope that the next round of six-party talks will be held at an early date and will lead to a denuclearization of the Korean Peninsula. 10. The Meeting welcomed the agreement of ASEAN Leaders to establish the ASEAN Security Community. The ASEAN Security Community is envisaged to bring ASEANs political and security cooperation to a higher plane to ensure that countries in the region live at peace with one

Sergey Lavrov Minister of Foreign Affairs Russian Federation

326
ASEAN Documents Series 2004 ASEAN Documents Series 2004

327

another and with the world at large in a just, democratic and harmonious environment. The ASEAN Security Community is open and outward looking in respect of actively engaging ASEANs friends and Dialogue Partners to promote peace and stability in the region. 11. The Meeting reafrmed the important contribution of the ARF to regional security and hoped that the work of the ARF will continue to move forward in a dynamic manner. The Meeting reiterated the importance of strengthening the ARF. The Meeting also reafrmed that the ARF, through the Chair and its Friends , could play a facilitating role in reducing tensions in the region. 12. The Meeting welcomed the follow-up activities to implement the Declaration on the Conduct of Parties in the South China Sea, including the ASEAN-China Symposium on the Implementation of the Declaration in March 2004 in Indonesia. 13. The Meeting concurred that transnational issues including, inter alia, organized crime, arms smuggling, human trafcking, maritime piracy and infectious disease are of great concern and that closer partnership and mutual support are essential in tackling these issues. The Meeting highlighted the importance of providing technical support for countries in the region to help build their capacities to address these issues effectively. 14. The Meeting underscored the need for enhanced international cooperation to solve the problem of illicit drugs which continues to pose a threat to human security. The Meeting agreed to enhance cooperation between the two sides to address this problem from both the supply and demand sides, taking into account ASEANs goal to make the region free from drugs by 2015. In this regard, the Meeting welcomed US support for the implementation of the ASEAN China Cooperative Operations in Response to Dangerous Drugs (ACCORD) Plan of Action. 15. The Meeting emphasized the importance of the Global Fund to Fight AIDS, Tuberculosis and Malaria and the ASEAN Work Programme on HIV/AIDS II, 2002-2005 to the ght against HIV/AIDS at the global and regional levels respectively. The Meeting noted that the 15th International Conference on AIDS, to be held in Bangkok in July 2004, should help mobilize wider support for HIV/AIDS prevention and alleviation. ASEAN welcomed the US announcement in January 2003 to contribute one billion US dollars to the Global Fund, commended the efforts of the US to support ASEAN Member Countries in their ght to stem the tide of HIV/AIDS and looked forward to beneting further from the Fund. 16. The Meeting reafrmed the commitment of ASEAN and the US to the protection of the environment while pursuing economic development, and agreed to strengthen ASEAN-US cooperation in environmental matters. The

Meeting noted the entry into force of the ASEAN Agreement on Transboundary Haze Pollution on 25 November 2003. The Meeting stressed the need for effective follow-up action to the results of the World Summit on Sustainable Development in Johannesburg. 17. The Meeting welcomed the timely convening of the Ministerial Meeting on the Current Poultry Disease Situation held in Bangkok on 28 January 2004 and its outcome including concrete measures agreed upon as a contribution to regional and international efforts in decisively and effectively containing this outbreak. 18. The Meeting discussed the results of the WTO Ministerial Conference in Cancun and concurred that exibility and political will are needed to re-energize multilateral negotiations towards the successful conclusion of the Doha Development Agenda. The Meeting agreed on the necessity of focusing on the core topics of agriculture, goods, and services in order to achieve substantial progress in 2004. In addressing these topics, the Meeting acknowledged the need to incorporate special and differential treatment, recognizing that developing countries face varying circumstances, additional challenges from global competition, and particularly sensitive adjustment problems. The Meeting reiterated the importance of free ow of goods and fair trade. 19. The Meeting also exchanged views on the successful outcome of the recent APEC Economic Leaders Meeting in Bangkok and agreed to strengthen cooperation to implement the decisions of the meeting. ASEAN briefed the Meeting on recent developments within regional and sub-regional cooperation frameworks such as ASEANMekong Basin Development Cooperation (AMBDC), Brunei Darussalam-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA), Indonesia-Malaysia-Thailand Growth Triangle (IMT-GT), Bangladesh-India-Myanmar-Sri Lanka-Thailand Economic Cooperation (BIMSTEC), MekongGanga Cooperation (MGC), Ayeyawady - Chao Phraya - Mekong Economic Cooperation Strategy (ACMECS) and the Asia Cooperation Dialogue (ACD). The Meeting agreed to strengthen ASEAN-US cooperation within sub-regional, regional as well as multilateral frameworks and through the enhanced involvement of the private sector. 20. The Meeting exchanged views on the economic outlook in ASEAN and the US and noted that the world economy will likely experience stronger growth in 2004 than in 2003. The Meeting welcomed the robust economic recovery in ASEAN and the strengthened growth of the US economy which should help stimulate further economic growth in the region. 21. The Meeting was encouraged by the signicant decision reached at the 9th ASEAN Summit in Bali last October to establish an ASEAN Economic Community as a single market and production base with free ow of

goods, services, investment and skilled labour as well as freer ow of capital by 2020. The Meeting also welcomed ASEANs agreement to accelerate the integration of eleven priority sectors from 2004 onwards which should provide opportunities for the expansion of trade and investment between ASEAN and the US. The Meeting highlighted the continued vibrancy in the ASEAN-US trade and investment relationship. The Meeting welcomed the progress on the Enterprise for ASEAN Initiative (EAI) as a signal of the importance that the US places on enhancing ties with ASEAN. The Meeting acknowledged that the ultimate goal of the EAI is to create a network of bilateral FTAs that will link ASEAN and the US. The Meeting recognized the ongoing cooperation on trade issues including IPR, trade facilitation and standards and underscored ASEAN and US resolve to make further progress on the ASEAN-US trade and investment work programme. ASEAN expressed the hope that both sides would work closely for the conclusion of an ASEANUS Trade and Investment Framework Agreement. 22. The Meeting discussed ways and means to further enhance the dialogue relations, developing a partnership covering a broad range of issues of mutual interest. The Meeting acknowledged the importance of the ASEAN Cooperation Plan (ACP) in deepening and expanding the

scope of cooperation between ASEAN and the US. The Meeting noted that the establishment of a new USAID regional mission in Bangkok would facilitate this process. The Meeting expressed its appreciation to the US for hosting the 2nd ASEAN-US Informal Coordinating Mechanism (ICM) and is condent that ICM will be an effective mechanism to push forward the implementation of projects under the ACP. The Meeting agreed to develop a work programme to implement further the ACP. The Meeting was informed that ASEAN is nalizing its guiding principles for development cooperation with its Dialogue Partners. 23. The Meeting welcomed the interaction with representatives of the ASEAN and US private sectors at the ASEAN-US Dialogue during which these representatives put forward their recommendations on how ASEAN and the US can better promote trade and investment in the region. 24. The Meeting agreed to hold the ASEAN-US Dialogue on an annual basis. In this regard, the Meeting agreed to convene the next ASEAN-US Dialogue in Washington D.C. by the end of 2004. 25. The Meeting was held in the spirit of cooperation and cordiality.

328
ASEAN Documents Series 2004 ASEAN Documents Series 2004

329

ASEAN PAKISTAN

For the Republic of Indonesia

For the Republic of Singapore

Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia to The Islamic Republic of Pakistan
Jakarta, Indonesia, 2 July 2004
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First and the Second Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987 and on 25 July 1998 respectively; WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Second Protocol provides that States outside Southeast Asia may accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and WHEREAS the Government of the Islamic Republic of Pakistan conveyed its desire to accede to the Treaty in a letter dated 15 April 2004; NOW, therefore, the Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, having considered the said letter, hereby consent to the accession to the Treaty by the Government of the Islamic Republic of Pakistan. Done at Jakarta, Indonesia, on the Second Day of July in the Year Two Thousand and Four.

Dr. N. Hassan Wirajuda Minister for Foreign Affairs

Prof. S. Jayakumar Minister for Foreign Affairs

For the Lao Peoples Democratic Republic

For the Kingdom of Thailand

Somsavat Lengsavad Deputy Prime Minister, Minister of Foreign Affairs

Dr. Surakiart Sathirathai Minister of Foreign Affairs

For Malaysia

For the Socialist Republic of Viet Nam

Datuk Seri Syed Hamid Albar Minister of Foreign Affairs

Nguyen Dy Nien Minister of Foreign Affairs

For Brunei Darussalam

For the Union of Myanmar

Masna Acting Minister of Foreign Affairs

Win Aung Minister for Foreign Affairs

For the Kingdom of Cambodia

For the Republic of the Philippines

HOR Namhong Senior Minister and Minister of Foreign Affairs and International Cooperation

Delia Domingo Albert Secretary of Foreign Affairs

330
ASEAN Documents Series 2004 ASEAN Documents Series 2004

331

Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by The Islamic Republic of Pakistan
Jakarta, Indonesia, 2 July 2004
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First and the Second Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987 and 25 July 1998, respectively; WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Second Protocol provides that States outside Southeast Asia may also accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam; and WHEREAS all the States in Southeast Asia have consented to the accession of the Islamic Republic of Pakistan to the Treaty; NOW, therefore, the Government of the Islamic Republic of Pakistan, having considered the aforesaid Treaty as amended by the Protocols, hereby accedes to the same and undertakes faithfully to perform and carry out all the stipulations therein contained. IN WITNESS WHEREOF, this Instrument of Accession is signed by the Minister of Foreign Affairs of the Islamic Republic of Pakistan. DONE at Jakarta, Indonesia, on the Second Day of July in the Year Two Thousand and Four.

VII. OTHERS

Statement by H.E. Somsavat Lengsavad, Deputy Prime Minister and Minister of Foreign Affairs of the Laos People Democratic Republic, Chairman of the 38th ASEAN Standing Committee in connection to the terrorist bombing in Jakarta on 9th September 2004
We have learnt with great shock and horror that am act of terrorism had been committed on 9th September 2004, at the entrance of the Australian Embassy in Jakarta causing a number of human casualties and severe material losses. I strongly condemned this heinous terrorist act. This tragic event, this terrible ordeal and pain brought us even closer to continue strengthening our cooperation as outlined in various ASEAN documents in combating terrorism. On this sad and painful moment, we extend our deepest sympathies and support to the Government of Indonesia and express condolences to the families of the victims. We express our full solidarity and support of all ASEAN Member Countries to Indonesia in her determination to pursue the terrorist elements responsible for the attack. We are resolved to further intensify our efforts, collectively and individually, to prevent, counter and suppress the activities of terrorist groups in the Region.

SOMSAVAT LENGSAVAD Deputy Prime Minister Minister of Foreign Affairs Chairman of the 38th ASEAN Standing Committee

Khurshid M. Kasuri Minister of Foreign Affairs of the Islamic Republic of Pakistan

Visit ASEAN Online http://www.aseansec.org

También podría gustarte