ASEAN DOCUMENTS SERIES 2007

Transcription

1 ASEAN DOCUMENTS SERIES 2007 ASSOCIATION OF SOUTHEAST ASIAN NATIONS

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3 ASEAN DOCUMENTS SERIES 2007

4 ii The Association of Southeast Asian Nations (ASEAN) was established on 8 August The Member States of the Association are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam. The ASEAN Secretariat is based in Jakarta, Indonesia. For inquiries, contact: Public Affairs Office The ASEAN Secretariat 70A Jalan Sisingamangaraja Jakarta Indonesia Phone : (62 21) , Fax : (62 21) , public@asean.org General information on ASEAN appears on-line at the ASEAN Website: Catalogue-in-Publication Data Jakarta: ASEAN Secretariat, May 2008 ix, 226p; 29.7cm x 21cm ASEAN Treaties 2. ASEAN Agreements 3. Treaties ASEAN Collections ISBN Printed in Indonesia The text of this publication may be freely quoted or reprinted with proper acknowledgment. Copyright ASEAN Secretariat 2008 All rights reserved

5 iii TABLE OF CONTENTS I. ASEAN SUMMIT DOCUMENTS Charter of the Association of Southeast Asian Nations, Singapore, 20 November Annex 1 ASEAN Sectoral Ministerial Bodies - Annex 2 Entities Associated with ASEAN - Annex 3 ASEAN Flag - Annex 4 ASEAN Emblem Singapore Declaration on the ASEAN Charter, Singapore, 20 November 2007 Declaration on the ASEAN Economic Community Blueprint, Singapore 20 November ASEAN Economic Community Blueprint - Strategic Schedule for ASEAN Economic Community - Annex 1 Financial Services Sub-sectors Identified for Liberalisation by 2015 ASEAN Declaration on Environmental Sustainability, Singapore, 20 November 2007 ASEAN Declaration on the 13 th Session of the Conference of Parties (COP) to the UN Framework Convention on Climate Change (UNFCCC) and the 3 rd Session of the Conference of the Parties Serving as the Meeting of the Parties (CMP) to the Kyoto Protocol, Singapore, 20 November 2007 Chairman s Statement of the 13 th ASEAN Summit, One ASEAN at the Heart of Dynamic Asia, Singapore, 20 November 2007 ASEAN Chairman s Statement on Myanmar, Singapore, 19 November II. ASEAN POLITICAL SECURITY COMMUNITY ASEAN Ministerial Meeting (AMM) Statement of the Establishment of the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, Manila, Philippines, 13 July 2007 Joint Communique of the 40 th ASEAN Ministerial Meeting (AMM) One Caring and Sharing Community, Manila, Philippines, July 2007 Joint Statement of the ASEAN Foreign Ministers on the Observance of ASEAN Day, Manila, Philippines, 30 July 2007 Joint Statement on the Commission for the Treaty on the Southeast Asia Nuclear Weapon-Free Zone, Manila, Philippines, 30 July 2007 EAS Statement on the ROK Hostages in Afghanistan, Manila, Philippines, 31 July 2007 Chairman s Press Statement for the ASEAN Post Ministerial Conferences, Manila, Philippines, 1 August ASEAN Defence Ministers Meeting (ADMM) Protocol to the Concept Paper for the Establishment of the ASEAN Defence Ministers Meeting (ADMM), Singapore, 14 November 2007 Concept Paper of the ASEAN Defence Ministers Meeting - Plus (ADMM-Plus), Singapore, 14 November 2007 Joint Declaration of the ASEAN Defence Ministers on Enhancing Regional Peace and Stability, Singapore, 14 November

6 iv ASEAN Ministerial Meeting on Transnational Crime (AMMTC) Joint Communique of the 6 th ASEAN Ministerial Meeting on Transnational Crime (AMMTC), Bandar Seri Begawan, Brunei Darussalam, 7 November ASEAN Regional Forum (ARF) Chairman s Statement of the 14 th ASEAN Regional Forum, Manila, Philippines, 2 August 2007 ASEAN Regional Forum Statement on Promotion of Inter-Civilization Dialogue, Manila, Philippines, 2 August 2007 ASEAN Regional Forum Statement Supporting National Implementation of United Nations Security Council Resolution 1540, Manila, Philippines, 2 August 2007 Terms of Reference of the Friends of the ARF Chair, Manila, Philippines, 2 August Treaty of Amity and Cooperation Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by the People s Republic of Bangladesh, Manila, Philippines, 1 August 2007 Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia for the People s Republic of Bangladesh, Manila, Philippines, 1 August 2007 Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by the Democratic Socialist Republic of Sri Lanka, Manila, Philippines, 1 August 2007 Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia for the Democratic Socialist Republic of Sri Lanka, Manila, Philippines, 1 August III. ASEAN ECONOMIC COMMUNITY ASEAN Economic Ministers (AEM) Joint Media Statement of the 39 th ASEAN Economic Ministers (AEM) Meeting, Makati City, Philippines, 24 August 2007 Protocol to Amend Article 3 of the ASEAN Framework (Amendment) Agreement for the Integration of Priority Sectors, Makati City, Philippines, 24 August 2007 ASEAN Sectoral Integration Protocol for the Logistics Services Sector, Makati City, Philippines, 24 August 2007 Protocol to Implement the Sixth Package of Commitment under the ASEAN Framework Agreement on Services, Singapore, 19 November 2007 ASEAN Mutual Recognition Arrangement on Architectural Services, Singapore, 19 November 2007 ASEAN Framework Arrangements for the Mutual Recognition of Surveying Qualifications, Singapore, 19 November ASEAN Free Trade Area (AFTA) Joint Media Statement of the 21 st Meeting of the ASEAN Free Trade Area (AFTA) Council, Makati City, Philippines, 23 August 2007 Protocol to Provide Special Consideration for Rice and Sugar, Makati City, Philippines, 24 August ASEAN Investment Area (AIA) Joint Media Statement of the 10 th ASEAN Investment Area (AIA) Council Meeting, Makati City, Philippines, 23 August

7 v ASEAN Ministerial Meeting on Agriculture and Forestry (AMAF) ASEAN Statement on Strengthening Forest Law Enforcement and Governance (FLEG), Bangkok, Thailand, 1 November 2007 Joint Press Statement of the 29 th Meeting of the ASEAN Ministers on Agriculture and Forestry (29 th AMAF), Bangkok, Thailand, 1 November 2007 Protocol to Amend the Agreement for the Establishment of ASEAN Animal Health Trust Fund, Bangkok, Thailand, 2 November ASEAN Ministers on Energy Meeting (AMEM) Memorandum of Understanding on the ASEAN Power Grid, Singapore, 23 August 2007 Joint Ministerial Statement of the 25 th ASEAN Ministers on Energy Meeting (AMEM), Energising ASEAN to Power a Dynamic Asia, Singapore, 23 August ASEAN Finance Ministers Meeting (AFMM) Joint Ministerial Statement of the 11 th ASEAN Finance Ministers Meeting, Chiang Mai, Thailand, 5 April ASEAN Ministerial Meeting on Science and Technology (AMMST) Joint Press Statement of the 12 th ASEAN Ministerial Meeting on Science and Technology (AMMST), Mandalay, Myanmar, November ASEAN Telecommunications and IT Ministers Meeting (TELMIN) Siem Reap Declaration on Enhancing Universal Access of ICT Services in ASEAN ICT Reaching out to the Rural, Siem Reap, Cambodia, 24 August 2007 Joint Media Statement of the 7 th ASEAN Telecommunications and IT Ministers Meeting (7 th TELMIN), ICT: Reaching Out to the Rural, Siem Reap, Cambodia, August 2007 Chairman s Press Statement of the 2 nd ASEAN TELMIN + 1 Meetings with Dialogue Partners, ICT: Reaching Out to the Rural, Siem Reap, Cambodia, 24 August ASEAN Tourism Ministers Meeting (M-ATM) Joint Media Statement of the 10 th Meeting of ASEAN Tourism Ministers, ASEAN Forges Ahead Towards Greater Tourism Integration, Singapore, 29 January ASEAN Transport Ministers Meeting (ATM) Protocol to Amend the ASEAN Memorandum of Understanding on Air Freight Services, Bangkok, Thailand, 8 February 2007 Protocol to Implement the Fifth Package of Commitments on Air Transport Services under the ASEAN Framework, Bangkok, Thailand, 8 February 2007 Protocol 1 - Designation of Transit Transport Routes and Facilities, Bangkok, Thailand, 8 February 2007 Joint Media Statement of the 12 th ASEAN Transport Ministers (ATM) Meeting, Bangkok, Thailand, 8 February 2007 Joint Ministerial Statement of the 13 th ASEAN Transport Ministers (ATM) Meeting, Singapore, 1 November 2007 Roadmap towards an Integrated and Competitive Maritime Transport in ASEAN, Singapore, 1 November

8 vi IV. ASEAN SOCIO-CULTURAL COMMUNITY ASEAN Education Ministers Meeting (ASED) Joint Statement of the 42 nd SEAMEO Council Conference and the 2 nd ASEAN Education Ministers Meeting, Enhancing Educational Collaboration for a Strong and Resilient ASEAN Community and Better Quality of Life for the Peoples in ASEAN Member Countries, Bali, Indonesia, March ASEAN Ministerial Meeting on the Environment (AMME), ASEAN Ministerial Meeting on Haze (AMMH), Conference of the Parties to the ASEAN Agreement on Transboundary Haze Pollution (COP), Sub-Regional Ministerial Steering Committee on Transboundary Haze Pollution (MSC) Joint Media Release of ASEAN Ministerial Meetings on Transboundary Haze Pollution, Bandar Seri Begawan, Brunei Darussalam, 28 February - 1 March 2007 Media Release of the 3 rd Meeting of the Sub-Regional Ministerial Steering Committee on Transboundary Haze Pollution, Jambi, Indonesia, 20 June 2007 Media Release of the 10 th Informal ASEAN Ministerial Meeting on the Environment, 3 rd Conference of Parties to the ASEAN Agreement on Transboundary Haze Pollution, and 6 th ASEAN Plus Three Environment Ministers Meeting, Bangkok, Thailand, 5-7 September 2007 Press Release of the ASEAN Cooperates on Climate Change, Bali, Indonesia, 13 December ASEAN Ministers Responsible for Information (AMRI) Joint Media Statement of the 9 th Conference of the ASEAN Ministers Responsible for Information (AMRI), Jakarta, Indonesia, 24 May ASEAN Labour Ministers Meeting (ALMM) Cooperation Agreement between the Association of Southeast Asian Nations (ASEAN) Secretariat and the International Labour Office, Geneva, Switzerland, 20 March ASEAN Ministers Meeting on Rural Development and Poverty Eradication (AMRDPE) Joint Communiqué of the 5 th ASEAN Ministers Meeting on Rural Development and Poverty Eradication, Bangkok, Thailand, 31 January ASEAN Ministers Meeting on Social Welfare and Development (AMMSWD) Joint Communique of the 6 th ASEAN Ministerial Meeting for Social Welfare and Development, Ha Noi, Viet Nam, 6 December ASEAN Ministerial Meeting on Youth (AMMY) Joint Ministerial Statement of the 5 th ASEAN Ministerial Meeting on Youth (AMMY V), Youth: Creating Our Future Together, Singapore, 26 April V. EXTERNAL RELATIONS ASEAN Plus Three Joint Media Statement of the 6 th Meeting of ASEAN, China, Japan and Republic of Korea Tourism Ministers, Singapore, 30 January 2007 Joint Ministerial Statement of the 1 st ASEAN+3 Ministerial Meeting on Youth (1 st AMMY+3), Youth: Creating Our Future Together, Singapore, 27 April

9 vii Chairman s Press Statement of the 8 th ASEAN Plus Three Foreign Ministers Meeting, Manila, Philippines, 31 July 2007 Joint Ministerial Statement of the 4 th ASEAN+3 (China, Japan and Korea) Ministers on Energy Meeting, Singapore, 23 August 2007 Joint Media Statement of the 10 th Consultations between the ASEAN Economic Ministers and the Ministers of People s Republic of China, Japan and Republic Korea (AEM Plus Three), Makati City, Philippines, 25 August 2007 Joint Press Statement of the 7 th Meeting of the ASEAN Agriculture and Forestry Ministers and the Ministers of Agriculture of the People s Republic of China, Japan and Republic of Korea (7 th AMAF Plus Three), Bangkok, Thailand, 2 November 2007 Joint Communique of the 3 rd ASEAN Plus Three Ministerial Meeting on Transnational Crime (AMMTC+3), Bandar Seri Begawan, Brunei Darussalam, 7 November 2007 Chairman s Statement of the 11 th ASEAN Plus Three Summit, Singapore, 20 November nd Joint Statement on East Asia Cooperation Building on the Foundations of ASEAN Plus Three Cooperation, Singapore, 20 November 2007 ASEAN Plus Three Cooperation Work Plan , Singapore, 20 November 2007 Joint Statement of the 2 nd ASEAN Plus Three Ministerial Meeting for Social Welfare and Development, Ha Noi, Viet Nam, 7 December ASEAN - Australia Joint Declaration on ASEAN-Australia Comprehensive Partnership, Manila, Philippines, 1 August 2007 ASEAN-Australia Joint Press Statement on the Adoption of the Plan of Action to Implement the Joint Declaration on ASEAN-Australia Comprehensive Partnership, Singapore, 21 November 2007 Plan of Action to Implement the Joint Declaration on ASEAN-Australia Comprehensive Partnership, Singapore, 21 November ASEAN Canada Co-Chairs Statement of the 4 th ASEAN-Canada Dialogue, Ottawa, Canada, May nd ASEAN-Canada Joint Cooperation Work Plan ( ), Manila, Philippines, 1 August ASEAN China Plan of Action to Implement the Beijing Declaration on ASEAN-China ICT Cooperative Partnership for Common Development, Cebu, Philippines, 14 January 2007 Joint Media Statement of the 5 th ASEAN and China Transport Ministers (ATM+China) Meeting, Bangkok, Thailand, 9 February 2007 Joint Press Statement of the 6 th Consultations between the ASEAN Economic Ministers and the Minister of Commerce of the People s Republic of China, Makati City, Philippines, 25 August 2007 Nanning Joint Statement of the China-ASEAN Ministerial Meeting on Quality Supervision, Inspection and Quarantine, Nanning, China, 29 October, 2007 Joint Statement on ASEAN-China Port Development, Nanning, China October 2007 Joint Ministerial Statement of the 6 th ASEAN and China Transport Ministers Meeting (ATM+China), Singapore, 2 November 2007 Agreement on Maritime Transport between the Governments of the Member Countries of the Association of Southeast Asian Nations and the Government of the People s Republic of China, Singapore, 2 November 2007 ASEAN-China Aviation Cooperation Framework, Singapore, 2 November

10 viii Joint Press Statement of the Informal ASEAN Ministerial Meeting on Transnational Crime Plus China Consultation, Bandar Seri Begawan, Brunei Darussalam, 7 November 2007 Memorandum of Understanding between Association of Southeast Asian Nations and the Government of the People s Republic of China on Strengthening Sanitary and Phytosanitary Cooperation, Singapore, 20 November 2007 Chairman s Statement of the 11 th ASEAN-China Summit, Singapore, 20 November ASEAN European Union Joint Co-Chairmen s Statement of the 16 th EU-ASEAN Ministerial Meeting, Nuremberg, Germany, 15 March 2007 Joint Declaration of the ASEAN-EU Commemorative Summit, Singapore, 22 November 2007 Plan of Action to Implement the Nuremberg Declaration on an EU-ASEAN Enhanced Partnership, Singapore, 22 November ASEAN India Chairman s Statement of the 6 th ASEAN-India Summit, Singapore, 21 November ASEAN Japan Joint Media Statement of the 4 th ASEAN and Japan Transport Ministers Meeting, Bangkok, 9 February 2007 Joint Media Statement of the 14 th Consultation between the ASEAN Economic Ministers and the Minister of Economy, Trade and Industry of Japan (AEM-METI), Makati City, Philippines, 25 August 2007 Joint Ministerial Statement of the 5 th ASEAN and Japan Transport Ministers Meeting, Singapore, 2 November 2007 Chairman s Statement of the 11 th ASEAN-Japan Summit, Singapore, 21 November 2007 Joint Statement on the Conclusion of the Negotiations for the ASEAN-Japan Comprehensive Economic Partnership Agreement, Singapore, 21 November ASEAN Republic of Korea Chairman s Statement of the 11 th ASEAN-Republic of Korea Summit, Singapore, 21 November 2007 Agreement on Trade in Services under the Framework Agreement on Comprehensive Economic Cooperation Among the Governments of the Member Countries of the Association of Southeast Asian Nations and the Republic of Korea, Singapore, 21 November 2007 Letter of Understanding among the Parties to the Agreement on Trade in Services under the Framework Agreement on Comprehensive Economic Cooperation among the Governments of the Member Countries of the ASEAN and the Republic of Korea, Singapore, 21 November Annex on Financial Services Memorandum of Understanding on Establishing the ASEAN-Korea Centre between the Member Countries of the Association of Southeast Asian Nations and the Republic of Korea, Singapore, 21 November ASEAN Russian Federation Press Release of the 5 th Meeting of the ASEAN-Russia Joint Planning and Management Committee Co-Chairs, Manila, Philippines, 24 May 2007 Co-Chairs Press Release of the 6 th Meeting of the ASEAN-Russia Joint Cooperation Committee, Marigondon, Mactan Island, Philippines, December

11 ix ASEAN CER (Australia and New Zealand) Joint Media Statement of the 12 th AEM-CER Consultations, Makati City, Philippines. 26 August EAST ASIA Joint Ministerial Statement of the 1 st EAS Energy Ministers Meeting, Singapore, 23 August 2007 Singapore Declaration on Climate Change, Energy and the Environment, Singapore, 21 November 2007 Chairman s Statement of the 3 rd East Asia Summit, Singapore, 21 November VI. OTHERS Memorandum of Understanding between the Association of Southeast Asian Nations (ASEAN) and the United Nations (UN) on ASEAN-UN Cooperation, New York, US, 27 September

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13 1 I. ASEAN SUMMIT PREAMBLE Charter of the Association of Southeast Asian Nations Singapore, 20 November 2007 WE, THE PEOPLES of the Member States of the Association of Southeast Asian Nations (ASEAN), as represented by the Heads of State or Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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: NOTING with satisfaction the significant achievements and expansion of ASEAN since its establishment in Bangkok through the promulgation of The ASEAN Declaration; RECALLING the decisions to establish an ASEAN Charter in the Vientiane Action Programme, the Kuala Lumpur Declaration on the Establishment of the ASEAN Charter and the Cebu Declaration on the Blueprint of the ASEAN Charter; MINDFUL of the existence of mutual interests and interdependence among the peoples and Member States of ASEAN which are bound by geography, common objectives and shared destiny; INSPIRED by and united under One Vision, One Identity and One Caring and Sharing Community; UNITED by a common desire and collective will to live in a region of lasting peace, security and stability, sustained economic growth, shared prosperity and social progress, and to promote our vital interests, ideals and aspirations; RESPECTING the fundamental importance of amity and cooperation, and the principles of sovereignty, equality, territorial integrity, noninterference, consensus and unity in diversity; ADHERING to the principles of democracy, the rule of law and good governance, respect for and protection of human rights and fundamental freedoms; RESOLVED to ensure sustainable development for the benefit of present and future generations and to place the well-being, livelihood and welfare of the peoples at the centre of the ASEAN community building process; CONVINCED of the need to strengthen existing bonds of regional solidarity to realise an ASEAN Community that is politically cohesive, economically integrated and socially responsible in order to effectively respond to current and future challenges and opportunities; COMMITTED to intensifying community building through enhanced regional cooperation and integration, in particularly establishing an ASEAN Community comprising the ASEAN Security Community, the ASEAN Economic Community and the ASEAN Socio-Cultural Community, as provided for in the Bali Declaration of ASEAN Concord II; HEREBY DECIDE to establish, through this Charter, the legal and institutional framework for ASEAN, AND TO THIS END, the Heads of State or Government of the Member States of ASEAN, assembled in Singapore on the historic occasion of the 40th anniversary of the founding of ASEAN, have agreed to this Charter. CHAPTER I PURPOSES AND PRINCIPLES ARTICLE 1 PURPOSES The Purposes of ASEAN are: 1. To maintain and enhance peace, security and stability and further strengthen peace-oriented values in the region; 2. To enhance regional resilience by promoting greater political, security, economic and socio-cultural cooperation; 3. To preserve Southeast Asia as a Nuclear Weapon-Free Zone and free of all other weapons of mass destruction; 4. To ensure that the peoples and Member States of ASEAN live in peace with the world at large in a just, democratic and harmonious environment; 5. To create a single market and production base which is stable, prosperous, highly competitive and economically integrated with effective facilitation for trade and investment in which there is free flow of goods, services and investment; facilitated movement of business persons, professionals, talents and labour; and freer flow of capital; 6. To alleviate poverty and narrow the development gap within ASEAN through mutual assistance and cooperation; 7. To strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms, with due regard to the rights and responsibilities of the Member States of ASEAN; 8. To respond effectively, in accordance with the principle of comprehensive security, to all forms of threats, transnational crimes and transboundary challenges; 9. To promote sustainable development so as to ensure the protection of the region s environment, the sustainability of its natural resources, the preservation of its cultural heritage and the high quality of life of its peoples; 10. To develop human resources through closer cooperation in education and life-long learning, and in science and technology, for the empowerment of the peoples of ASEAN and for the strengthening of the ASEAN Community;

14 2 11. To enhance the well-being and livelihood of the peoples of ASEAN by providing them with equitable access to opportunities for human development, social welfare and justice; 12. To strengthen cooperation in building a safe, secure and drug-free environment for the peoples of ASEAN; 13. To promote a people-oriented ASEAN in which all sectors of society are encouraged to participate in, and benefit from, the process of ASEAN integration and community building; 14. To promote an ASEAN identity through the fostering of greater awareness of the diverse culture and heritage of the region; and 15. To maintain the centrality and proactive role of ASEAN as the primary driving force in its relations and cooperation with its external partners in a regional architecture that is open, transparent and inclusive. ARTICLE 2 PRINCIPLES 1. In pursuit of the Purposes stated in Article 1, ASEAN and its Member States reaffirm and adhere to the fundamental principles contained in the declarations, agreements, conventions, concords, treaties and other instruments of ASEAN. 2. ASEAN and its Member States shall act in accordance with the following Principles: (a) respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Member States; (b) shared commitment and collective responsibility in enhancing regional peace, security and prosperity; (c) renunciation of aggression and of the threat or use of force or other actions in any manner inconsistent with international law; (d) reliance on peaceful settlement of disputes; (e) non-interference in the internal affairs of ASEAN Member States; (f) respect for the right of every Member State to lead its national existence free from external interference, subversion and coercion; (g) enhanced consultations on matters seriously affecting the common interest of ASEAN; (h) adherence to the rule of law, good governance, the principles of democracy and constitutional government; (i) (j) respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice; upholding the United Nations Charter and international law, including international humanitarian law, subscribed to by ASEAN Member States; (k) abstention from participation in any policy or activity, including the use of its territory, pursued by any ASEAN Member State or non-asean State or any non-state actor, which threatens the sovereignty, territorial integrity or political and economic stability of ASEAN Member States; (l) respect for the different cultures, languages and religions of the peoples of ASEAN, while emphasizing their common values in the spirit of unity in diversity; (m) the centrality of ASEAN in external political, economic, social and cultural relations while remaining actively engaged, outward-looking, inclusive and non-discriminatory; and (n) adherence to multilateral trade rules and ASEAN s rules-based regimes for effective implementation of economic commitments and progressive reduction towards elimination of all barriers to regional economic integration, in a market-driven economy. CHAPTER II LEGAL PERSONALITY ARTICLE 3 LEGAL PERSONALITY OF ASEAN ASEAN, as an inter-governmental organisation, is hereby conferred legal personality. CHAPTER III MEMBERSHIP ARTICLE 4 MEMBER STATES The Member States of ASEAN are Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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. ARTICLE 5 RIGHTS AND OBLIGATIONS 1. Member States shall have equal rights and obligations under this Charter. 2. Member States shall take all necessary measures, including the enactment of appropriate domestic legislation, to effectively implement the provisions of this Charter and to comply with all obligations of membership. 3. In the case of a serious breach of the Charter or noncompliance, the matter shall be referred to Article 20. ARTICLE 6 ADMISSION OF NEW MEMBERS 1. The procedure for application and admission to ASEAN shall be prescribed by the ASEAN Coordinating Council. 2. Admission shall be based on the following criteria: (a) location in the recognised geographical region of Southeast Asia; (b) recognition by all ASEAN Member States; (c) agreement to be bound and to abide by the Charter; and (d) ability and willingness to carry out the obligations of Membership. 3. Admission shall be decided by consensus by the ASEAN Summit, upon the recommendation of the ASEAN Coordinating Council. 4. An applicant State shall be admitted to ASEAN upon signing an Instrument of Accession to the Charter. CHAPTER IV ORGANS ARTICLE 7 ASEAN SUMMIT 1. The ASEAN Summit shall comprise the Heads of State or Government of the Member States.

15 3 2. The ASEAN Summit shall: (a) be the supreme policy-making body of ASEAN; (b) deliberate, provide policy guidance and take decisions on key issues pertaining to the realisation of the objectives of ASEAN, important matters of interest to Member States and all issues referred to it by the ASEAN Coordinating Council, the ASEAN Community Councils and ASEAN Sectoral Ministerial Bodies; (c) instruct the relevant Ministers in each of the Councils concerned to hold ad hoc inter-ministerial meetings, and address important issues concerning ASEAN that cut across the Community Councils. Rules of procedure for such meetings shall be adopted by the ASEAN Coordinating Council; (d) address emergency situations affecting ASEAN by taking appropriate actions; (e) decide on matters referred to it under Chapters VII and VIII; (f) authorise the establishment and the dissolution of Sectoral Ministerial Bodies and other ASEAN institutions; and (g) appoint the Secretary-General of ASEAN, with the rank and status of Minister, who will serve with the confidence and at the pleasure of the Heads of State or Government upon the recommendation of the ASEAN Foreign Ministers Meeting. 3. ASEAN Summit Meetings shall be: (a) held twice annually, and be hosted by the Member State holding the ASEAN Chairmanship; and (b) convened, whenever necessary, as special or ad hoc meetings to be chaired by the Member State holding the ASEAN Chairmanship, at venues to be agreed upon by ASEAN Member States. ARTICLE 8 ASEAN COORDINATING COUNCIL 1. The ASEAN Coordinating Council shall comprise the ASEAN Foreign Ministers and meet at least twice a year. 2. The ASEAN Coordinating Council shall: (a) prepare the meetings of the ASEAN Summit; (b) coordinate the implementation of agreements and decisions of the ASEAN Summit; (c) coordinate with the ASEAN Community Councils to enhance policy coherence, efficiency and cooperation among them; (d) coordinate the reports of the ASEAN Community Councils to the ASEAN Summit; (e) consider the annual report of the Secretary-General on the work of ASEAN; (f) consider the report of the Secretary-General on the functions and operations of the ASEAN Secretariat and other relevant bodies; (g) approve the appointment and termination of the Deputy Secretaries-General upon the recommendation of the Secretary- General; and (h) undertake other tasks provided for in this Charter or such other functions as may be assigned by the ASEAN Summit. 3. The ASEAN Coordinating Council shall be supported by the relevant senior officials. ARTICLE 9 ASEAN COMMUNITY COUNCILS 1. The ASEAN Community Councils shall comprise the ASEAN Political-Security Community Council, ASEAN Economic Community Council, and ASEAN Socio-Cultural Community Council. 2. Each ASEAN Community Council shall have under its purview the relevant ASEAN Sectoral Ministerial Bodies. 3. Each Member State shall designate its national representation for each ASEAN Community Council meeting. 4. In order to realise the objectives of each of the three pillars of the ASEAN Community, each ASEAN Community Council shall: (a) ensure the implementation of the relevant decisions of the ASEAN Summit; (b) coordinate the work of the different sectors under its purview, and on issues which cut across the other Community Councils; and (c) submit reports and recommendations to the ASEAN Summit on matters under its purview. 5. Each ASEAN Community Council shall meet at least twice a year and shall be chaired by the appropriate Minister from the Member State holding the ASEAN Chairmanship. 6. Each ASEAN Community Council shall be supported by the relevant senior officials. ARTICLE 10 ASEAN SECTORAL MINISTERIAL BODIES 1. ASEAN Sectoral Ministerial Bodies shall: (a) function in accordance with their respective established mandates; (b) implement the agreements and decisions of the ASEAN Summit under their respective purview; (c) strengthen cooperation in their respective fields in support of ASEAN integration and community building; and (d) submit reports and recommendations to their respective Community Councils. 2. Each ASEAN Sectoral Ministerial Body may have under its purview the relevant senior officials and subsidiary bodies to undertake its functions as contained in Annex 1. The Annex may be updated by the Secretary-General of ASEAN upon the recommendation of the Committee of Permanent Representatives without recourse to the provision on Amendments under this Charter. ARTICLE 11 SECRETARY-GENERAL OF ASEAN AND ASEAN SECRETARIAT 1. The Secretary-General of ASEAN shall be appointed by the ASEAN Summit for a non-renewable term of office of five years, selected from among nationals of the ASEAN Member States based on alphabetical rotation, with due consideration to integrity, capability and professional experience, and gender equality. 2. The Secretary-General shall: (a) carry out the duties and responsibilities of this high office in accordance with the provisions of this Charter and relevant ASEAN instruments, protocols and established practices; (b) facilitate and monitor progress in the implementation of ASEAN agreements and decisions, and submit an annual report on the work of ASEAN to the ASEAN Summit; (c) participate in meetings of the ASEAN Summit, the ASEAN Community Councils, the ASEAN Coordinating Council, and ASEAN Sectoral Ministerial Bodies and other relevant ASEAN meetings;

16 4 (d) present the views of ASEAN and participate in meetings with external parties in accordance with approved policy guidelines and mandate given to the Secretary-General; and (e) recommend the appointment and termination of the Deputy Secretaries-General to the ASEAN Coordinating Council for approval. 3. The Secretary-General shall also be the Chief Administrative Officer of ASEAN. 4. The Secretary-General shall be assisted by four Deputy Secretaries- General with the rank and status of Deputy Ministers. The Deputy Secretaries-General shall be accountable to the Secretary-General in carrying out their functions. 5. The four Deputy Secretaries-General shall be of different nationalities from the Secretary-General and shall come from four different ASEAN Member States. 6. The four Deputy Secretaries-General shall comprise: (a) two Deputy Secretaries-General who will serve a non-renewable term of three years, selected from among nationals of the ASEAN Member States based on alphabetical rotation, with due consideration to integrity, qualifications, competence, experience and gender equality; and (b) two Deputy Secretaries-General who will serve a term of three years, which may be renewed for another three years. These two Deputy Secretaries-General shall be openly recruited based on merit. 7. The ASEAN Secretariat shall comprise the Secretary-General and such staff as may be required. 8. The Secretary-General and the staff shall: (a) uphold the highest standards of integrity, efficiency, and competence in the performance of their duties; (b) not seek or receive instructions from any government or external party outside of ASEAN; and (c) refrain from any action which might reflect on their position as ASEAN Secretariat officials responsible only to ASEAN. 9. Each ASEAN Member State undertakes to respect the exclusively ASEAN character of the responsibilities of the Secretary-General and the staff, and not to seek to influence them in the discharge of their responsibilities. ARTICLE 12 COMMITTEE OF PERMANENT REPRESENTATIVES TO ASEAN 1. Each ASEAN Member State shall appoint a Permanent Representative to ASEAN with the rank of Ambassador based in Jakarta. 2. The Permanent Representatives collectively constitute a Committee of Permanent Representatives, which shall: (a) support the work of the ASEAN Community Councils and ASEAN Sectoral Ministerial Bodies; (b) coordinate with ASEAN National Secretariats and other ASEAN Sectoral Ministerial Bodies; (c) liaise with the Secretary-General of ASEAN and the ASEAN Secretariat on all subjects relevant to its work; (d) facilitate ASEAN cooperation with external partners; and (e) perform such other functions as may be determined by the ASEAN Coordinating Council. ARTICLE 13 ASEAN NATIONAL SECRETARIATS Each ASEAN Member State shall establish an ASEAN National Secretariat which shall: (a) serve as the national focal point; (b) be the repository of information on all ASEAN matters at the national level; (c) coordinate the implementation of ASEAN decisions at the national level; (d) coordinate and support the national preparations of ASEAN meetings; (e) promote ASEAN identity and awareness at the national level; and (f) contribute to ASEAN community building. ARTICLE 14 ASEAN HUMAN RIGHTS BODY 1. In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body. 2. This ASEAN human rights body shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting. ARTICLE 15 ASEAN FOUNDATION 1. The ASEAN Foundation shall support the Secretary- General of ASEAN and collaborate with the relevant ASEAN bodies to support ASEAN community building by promoting greater awareness of the ASEAN identity, people-to-people interaction, and close collaboration among the business sector, civil society, academia and other stakeholders in ASEAN. 2. The ASEAN Foundation shall be accountable to the Secretary-General of ASEAN, who shall submit its report to the ASEAN Summit through the ASEAN Coordinating Council. CHAPTER V ENTITIES ASSOCIATED WITH ASEAN ARTICLE 16 ENTITIES ASSOCIATED WITH ASEAN 1. ASEAN may engage with entities which support the ASEAN Charter, in particular its purposes and principles. These associated entities are listed in Annex Rules of procedure and criteria for engagement shall be prescribed by the Committee of Permanent Representatives upon the recommendation of the Secretary-General of ASEAN. 3. Annex 2 may be updated by the Secretary-General of ASEAN upon the recommendation of the Committee of Permanent Representatives without recourse to the provision on Amendments under this Charter.

17 5 CHAPTER VI IMMUNITIES AND PRIVILEGES ARTICLE 17 IMMUNITIES AND PRIVILEGES OF ASEAN 1. ASEAN shall enjoy in the territories of the Member States such immunities and privileges as are necessary for the fulfillment of its purposes. 2. The immunities and privileges shall be laid down in separate agreements between ASEAN and the host Member State. ARTICLE 18 IMMUNITIES AND PRIVILEGES OF THE SECRETARY-GENERAL OF ASEAN AND STAFF OF THE ASEAN SECRETARIAT 1. The Secretary-General of ASEAN and staff of the ASEAN Secretariat participating in official ASEAN activities or representing ASEAN in the Member States shall enjoy such immunities and privileges as are necessary for the independent exercise of their functions. 2. The immunities and privileges under this Article shall be laid down in a separate ASEAN agreement. ARTICLE 19 IMMUNITIES AND PRIVILEGES OF THE PERMANENT REPRESENTATIVES AND OFFICIALS ON ASEAN DUTIES 1. The Permanent Representatives of the Member States to ASEAN and officials of the Member States participating in official ASEAN activities or representing ASEAN in the Member States shall enjoy such immunities and privileges as are necessary for the exercise of their functions. 2. The immunities and privileges of the Permanent Representatives and officials on ASEAN duties shall be governed by the 1961 Vienna Convention on Diplomatic Relations or in accordance with the national law of the ASEAN Member State concerned. CHAPTER VII DECISION-MAKING ARTICLE 20 CONSULTATION AND CONSENSUS 1. As a basic principle, decision-making in ASEAN shall be based on consultation and consensus. 2. Where consensus cannot be achieved, the ASEAN Summit may decide how a specific decision can be made. 3. Nothing in paragraphs 1 and 2 of this Article shall affect the modes of decision-making as contained in the relevant ASEAN legal instruments. 4. In the case of a serious breach of the Charter or non-compliance, the matter shall be referred to the ASEAN Summit for decision. ARTICLE 21 IMPLEMENTATION AND PROCEDURE 1. Each ASEAN Community Council shall prescribe its own rules of procedure. 2. In the implementation of economic commitments, a formula for flexible participation, including the ASEAN Minus X formula, may be applied where there is a consensus to do so. CHAPTER VIII SETTLEMENT OF DISPUTES ARTICLE 22 GENERAL PRINCIPLES 1. Member States shall endeavour to resolve peacefully all disputes in a timely manner through dialogue, consultation and negotiation. 2. ASEAN shall maintain and establish dispute settlement mechanisms in all fields of ASEAN cooperation. ARTICLE 23 GOOD OFFICES, CONCILIATION AND MEDIATION 1. Member States which are parties to a dispute may at any time agree to resort to good offices, conciliation or mediation in order to resolve the dispute within an agreed time limit. 2. Parties to the dispute may request the Chairman of ASEAN or the Secretary-General of ASEAN, acting in an ex officio capacity, to provide good offices, conciliation or mediation. ARTICLE 24 DISPUTE SETTLEMENT MECHANISMS IN SPECIFIC INSTRUMENTS 1. Disputes relating to specific ASEAN instruments shall be settled through the mechanisms and procedures provided for in such instruments. 2. Disputes which do not concern the interpretation or application of any ASEAN instrument shall be resolved peacefully in accordance with the Treaty of Amity and Cooperation in Southeast Asia and its rules of procedure. 3. Where not otherwise specifically provided, disputes which concern the interpretation or application of ASEAN economic agreements shall be settled in accordance with the ASEAN Protocol on Enhanced Dispute Settlement Mechanism. ARTICLE 25 ESTABLISHMENT OF DISPUTE SETTLEMENT MECHANISMS Where not otherwise specifically provided, appropriate dispute settlement mechanisms, including arbitration, shall be established for disputes which concern the interpretation or application of this Charter and other ASEAN instruments. ARTICLE 26 UNRESOLVED DISPUTES When a dispute remains unresolved, after the application of the preceding provisions of this Chapter, this dispute shall be referred to the ASEAN Summit, for its decision. ARTICLE 27 COMPLIANCE 1. The Secretary-General of ASEAN, assisted by the ASEAN Secretariat or any other designated ASEAN body, shall monitor the compliance

18 6 with the findings, recommendations or decisions resulting from an ASEAN dispute settlement mechanism, and submit a report to the ASEAN Summit. 2. Any Member State affected by non-compliance with the findings, recommendations or decisions resulting from an ASEAN dispute settlement mechanism, may refer the matter to the ASEAN Summit for a decision. ARTICLE 28 UNITED NATIONS CHARTER PROVISIONS AND OTHER RELEVANT INTERNATIONAL PROCEDURES Unless otherwise provided for in this Charter, Member States have the right of recourse to the modes of peaceful settlement contained in Article 33(1) of the Charter of the United Nations or any other international legal instruments to which the disputing Member States are parties. CHAPTER IX BUDGET AND FINANCE ARTICLE 29 GENERAL PRINCIPLES 1. ASEAN shall establish financial rules and procedures in accordance with international standards. 2. ASEAN shall observe sound financial management policies and practices and budgetary discipline. 3. Financial accounts shall be subject to internal and external audits. ARTICLE 30 OPERATIONAL BUDGET AND FINANCES OF THE ASEAN SECRETARIAT 1. The ASEAN Secretariat shall be provided with the necessary financial resources to perform its functions effectively. 2. The operational budget of the ASEAN Secretariat shall be met by ASEAN Member States through equal annual contributions which shall be remitted in a timely manner. 3. The Secretary-General shall prepare the annual operational budget of the ASEAN Secretariat for approval by the ASEAN Coordinating Council upon the recommendation of the Committee of Permanent Representatives. 4. The ASEAN Secretariat shall operate in accordance with the financial rules and procedures determined by the ASEAN Coordinating Council upon the recommendation of the Committee of Permanent Representatives. CHAPTER X ADMINISTRATION AND PROCEDURE ARTICLE 31 CHAIRMAN OF ASEAN 1. The Chairmanship of ASEAN shall rotate annually, based on the alphabetical order of the English names of Member States. 2. ASEAN shall have, in a calendar year, a single Chairmanship by which the Member State assuming the Chairmanship shall chair: (a) the ASEAN Summit and related summits; (b) the ASEAN Coordinating Council; (c) the three ASEAN Community Councils; (d) where appropriate, the relevant ASEAN Sectoral Ministerial Bodies and senior officials; and (e) the Committee of Permanent Representatives. ARTICLE 32 ROLE OF THE CHAIRMAN OF ASEAN The Member State holding the Chairmanship of ASEAN shall: (a) actively promote and enhance the interests and well-being of ASEAN, including efforts to build an ASEAN Community through policy initiatives, coordination, consensus and cooperation; (b) ensure the centrality of ASEAN; (c) ensure an effective and timely response to urgent issues or crisis situations affecting ASEAN, including providing its good offices and such other arrangements to immediately address these concerns; (d) represent ASEAN in strengthening and promoting closer relations with external partners; and (e) carry out such other tasks and functions as may be mandated. ARTICLE 33 DIPLOMATIC PROTOCOL AND PRACTICES ASEAN and its Member States shall adhere to existing diplomatic protocol and practices in the conduct of all activities relating to ASEAN. Any changes shall be approved by the ASEAN Coordinating Council upon the recommendation of the Committee of Permanent Representatives. ARTICLE 34 WORKING LANGUAGE OF ASEAN The working language of ASEAN shall be English. CHAPTER XI IDENTITY AND SYMBOLS ARTICLE 35 ASEAN IDENTITY ASEAN shall promote its common ASEAN identity and a sense of belonging among its peoples in order to achieve its shared destiny, goals and values. ARTICLE 36 ASEAN MOTTO The ASEAN motto shall be: One Vision, One Identity, One Community ARTICLE 37 ASEAN FLAG The ASEAN flag shall be as shown in Annex 3. ARTICLE 38 ASEAN EMBLEM The ASEAN emblem shall be as shown in Annex 4.

19 7 ARTICLE 39 ASEAN DAY The eighth of August shall be observed as ASEAN Day. ARTICLE 40 ASEAN ANTHEM ASEAN shall have an anthem. CHAPTER XII EXTERNAL RELATIONS ARTICLE 41 CONDUCT OF EXTERNAL RELATIONS 1. ASEAN shall develop friendly relations and mutually beneficial dialogue, cooperation and partnerships with countries and subregional, regional and international organisations and institutions. 2. The external relations of ASEAN shall adhere to the purposes and principles set forth in this Charter. 3. ASEAN shall be the primary driving force in regional arrangements that it initiates and maintain its centrality in regional cooperation and community building. 4. In the conduct of external relations of ASEAN, Member States shall, on the basis of unity and solidarity, coordinate and endeavour to develop common positions and pursue joint actions. 5. The strategic policy directions of ASEAN s external relations shall be set by the ASEAN Summit upon the recommendation of the ASEAN Foreign Ministers Meeting. 6. The ASEAN Foreign Ministers Meeting shall ensure consistency and coherence in the conduct of ASEAN s external relations. 7. ASEAN may conclude agreements with countries or subregional, regional and international organisations and institutions. The procedures for concluding such agreements shall be prescribed by the ASEAN Coordinating Council in consultation with the ASEAN Community Councils. ARTICLE 42 DIALOGUE COORDINATOR 1. Member States, acting as Country Coordinators, shall take turns to take overall responsibility in coordinating and promoting the interests of ASEAN in its relations with the relevant Dialogue Partners, regional and international organisations and institutions. 2. In relations with the external partners, the Country Coordinators shall, inter alia: (a) represent ASEAN and enhance relations on the basis of mutual respect and equality, in conformity with ASEAN s principles; (b) co-chair relevant meetings between ASEAN and external partners; and (c) be supported by the relevant ASEAN Committees in Third Countries and International Organisations. ARTICLE 43 ASEAN COMMITTEES IN THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS 1. ASEAN Committees in Third Countries may be established in non- ASEAN countries comprising heads of diplomatic missions of ASEAN Member States. Similar Committees may be established relating to international organisations. Such Committees shall promote ASEAN s interests and identity in the host countries and international organisations. 2. The ASEAN Foreign Ministers Meeting shall determine the rules of procedure of such Committees. ARTICLE 44 STATUS OF EXTERNAL PARTIES 1. In conducting ASEAN s external relations, the ASEAN Foreign Ministers Meeting may confer on an external party the formal status of Dialogue Partner, Sectoral Dialogue Partner, Development Partner, Special Observer, Guest, or other status that may be established henceforth. 2. External parties may be invited to ASEAN meetings or cooperative activities without being conferred any formal status, in accordance with the rules of procedure. ARTICLE 45 RELATIONS WITH THE UNITED NATIONS SYSTEM AND OTHER INTERNATIONAL ORGANISATIONS AND INSTITUTIONS 1. ASEAN may seek an appropriate status with the United Nations system as well as with other sub-regional, regional, international organisations and institutions. 2. The ASEAN Coordinating Council shall decide on the participation of ASEAN in other sub-regional, regional, international organisations and institutions. ARTICLE 46 ACCREDITATION OF NON-ASEAN MEMBER STATES TO ASEAN Non-ASEAN Member States and relevant inter-governmental organisations may appoint and accredit Ambassadors to ASEAN. The ASEAN Foreign Ministers Meeting shall decide on such accreditation. CHAPTER XIII GENERAL AND FINAL PROVISIONS ARTICLE 47 SIGNATURE, RATIFICATION, DEPOSITORY AND ENTRY INTO FORCE 1. This Charter shall be signed by all ASEAN Member States. 2. This Charter shall be subject to ratification by all ASEAN Member States in accordance with their respective internal procedures. 3. Instruments of ratification shall be deposited with the Secretary- General of ASEAN who shall promptly notify all Member States of each deposit. 4. This Charter shall enter into force on the thirtieth day following the date of deposit of the tenth instrument of ratification with the Secretary- General of ASEAN.

20 8 ARTICLE 48 AMENDMENTS 1. Any Member State may propose amendments to the Charter. 2. Proposed amendments to the Charter shall be submitted by the ASEAN Coordinating Council by consensus to the ASEAN Summit for its decision. 3. Amendments to the Charter agreed to by consensus by the ASEAN Summit shall be ratified by all Member States in accordance with Article An amendment shall enter into force on the thirtieth day following the date of deposit of the last instrument of ratification with the Secretary-General of ASEAN. ARTICLE 49 TERMS OF REFERENCE AND RULES OF PROCEDURE Unless otherwise provided for in this Charter, the ASEAN Coordinating Council shall determine the terms of reference and rules of procedure and shall ensure their consistency. ARTICLE 50 REVIEW This Charter may be reviewed five years after its entry into force or as otherwise determined by the ASEAN Summit. ARTICLE 51 INTERPRETATION OF THE CHARTER 1. Upon the request of any Member State, the interpretation of the Charter shall be undertaken by the ASEAN Secretariat in accordance with the rules of procedure determined by the ASEAN Coordinating Council. 2. Any dispute arising from the interpretation of the Charter shall be settled in accordance with the relevant provisions in Chapter VIII. 3. Headings and titles used throughout the Charter shall only be for the purpose of reference. ARTICLE 52 LEGAL CONTINUITY 1. All treaties, conventions, agreements, concords, declarations, protocols and other ASEAN instruments which have been in effect before the entry into force of this Charter shall continue to be valid. 2. In case of inconsistency between the rights and obligations of ASEAN Member States under such instruments and this Charter, the Charter shall prevail. ARTICLE 53 ORIGINAL TEXT ARTICLE 54 REGISTRATION OF THE ASEAN CHARTER This Charter shall be registered by the Secretary-General of ASEAN with the Secretariat of the United Nations, pursuant to Article 102, paragraph 1 of the Charter of the United Nations. ARTICLE 55 ASEAN ASSETS The assets and funds of the Organisation shall be vested in the name of ASEAN. Done in Singapore on the Twentieth Day of November in the Year Two Thousand and Seven, in a single original in the English language. For Brunei Darussalam: HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam For the Kingdom of Cambodia: SAMDECH HUN SEN Prime Minister For the Republic of Indonesia: DR. SUSILO BAMBANG YUDHOYONO President For the Lao People s Democratic Republic: BOUASONE BOUPHAVANH Prime Minister For Malaysia: DATO SERI ABDULLAH AHMAD BADAWI Prime Minister For the Union of Myanmar: GENERAL THEIN SEIN Prime Minister For the Republic of the Philippines: GLORIA MACAPAGAL-ARROYO President For the Republic of Singapore: LEE HSIEN LOONG Prime Minister For the Kingdom of Thailand: GENERAL SURAYUD CHULANONT (RET.) Prime Minister For the Socialist Republic of Viet Nam: NGUYEN TAN DUNG Prime Minister The signed original text of this Charter in English shall be deposited with the Secretary-General of ASEAN, who shall provide a certified copy to each Member State.

21 9 Annex 1 ASEAN Sectoral Ministerial Bodies I. ASEAN POLITICAL-SECURITY COMMUNITY 1. ASEAN Foreign Ministers Meeting (AMM) ASEAN Senior Officials Meeting (ASEAN SOM) ASEAN Standing Committee (ASC) Senior Officials Meeting on Development Planning (SOMDP) 2. Commission on the Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ Commission) Executive Committee of the SEANWFZ Commission 3. ASEAN Defence Ministers Meeting (ADMM) ASEAN Defence Senior Officials Meeting (ADSOM) 4. ASEAN Law Ministers Meeting (ALAWMM) ASEAN Senior Law Officials Meeting (ASLOM) 5. ASEAN Ministerial Meeting on Transnational Crime (AMMTC) Senior Officials Meeting on Transnational Crime (SOMTC) ASEAN Senior Officials on Drugs Matters (ASOD) Directors-General of Immigration Departments and Heads of Consular Affairs Divisions of Ministries of Foreign Affairs Meeting (DGICM) 6. ASEAN Regional Forum (ARF) ASEAN Regional Forum Senior Officials Meeting (ARF SOM) II. ASEAN ECONOMIC COMMUNITY 1. ASEAN Economic Ministers Meeting (AEM) High Level Task Force on ASEAN Economic Integration (HLTF- EI) Senior Economic Officials Meeting (SEOM) 2. ASEAN Free Trade Area (AFTA) Council 3. ASEAN Investment Area (AIA) Council 4. ASEAN Finance Ministers Meeting (AFMM) ASEAN Finance and Central Bank Deputies Meeting (AFDM) ASEAN Directors-General of Customs Meeting (Customs DG) 5. ASEAN Ministers Meeting on Agriculture and Forestry (AMAF) Senior Officials Meeting of the ASEAN Ministers on Agriculture and Forestry (SOM-AMAF) ASEAN Senior Officials on Forestry (ASOF) 6. ASEAN Ministers on Energy Meeting (AMEM) Senior Officials Meeting on Energy (SOME) 7. ASEAN Ministerial Meeting on Minerals (AMMin) ASEAN Senior Officials Meeting on Minerals (ASOMM) 8. ASEAN Ministerial Meeting on Science and Technology (AMMST) Committee on Science and Technology (COST) 9. ASEAN Telecommunications and Information Technology Ministers Meeting (TELMIN) Telecommunications and Information Technology Senior Officials Meeting (TELSOM) ASEAN Telecommunication Regulators Council (ATRC) 10. ASEAN Transport Ministers Meeting (ATM) Senior Transport Officials Meeting (STOM) 11. Meeting of the ASEAN Tourism Ministers (M-ATM) Meeting of the ASEAN National Tourism Organisations (ASEAN NTOs) 12. ASEAN Mekong Basin Development Cooperation (AMBDC) ASEAN Mekong Basin Development Cooperation Steering Committee (AMBDC SC) High Level Finance Committee (HLFC) 13. ASEAN Centre for Energy 14. ASEAN-Japan Centre in Tokyo III. ASEAN SOCIO-CULTURAL COMMUNITY 1. ASEAN Ministers Responsible for Information (AMRI) Senior Officials Meeting Responsible for Information (SOMRI) 2. ASEAN Ministers Responsible for Culture and Arts (AMCA) Senior Officials Meeting for Culture and Arts (SOMCA) 3. ASEAN Education Ministers Meeting (ASED) Senior Officials Meeting on Education (SOM-ED) 4. ASEAN Ministerial Meeting on Disaster Management (AMMDM) ASEAN Committee on Disaster Management (ACDM) 5. ASEAN Ministerial Meeting on the Environment (AMME) ASEAN Senior Officials on the Environment (ASOEN) 6. Conference of the Parties to the ASEAN Agreement on Transboundary Haze Pollution (COP) Committee (COM) under the COP to the ASEAN Agreement on Transboundary Haze Pollution 7. ASEAN Health Ministers Meeting (AHMM) Senior Officials Meeting on Health Development (SOMHD) 8. ASEAN Labour Ministers Meeting (ALMM) Senior Labour Officials Meeting (SLOM) ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers 9. ASEAN Ministers on Rural Development and Poverty Eradication (AMRDPE) Senior Officials Meeting on Rural Development and Poverty Eradication (SOMRDPE) 10. ASEAN Ministerial Meeting on Social Welfare and Development (AMMSWD) Senior Officials Meeting on Social Welfare and Development (SOMSWD) 11. ASEAN Ministerial Meeting on Youth (AMMY) Senior Officials Meeting on Youth (SOMY) 12. ASEAN Conference on Civil Service Matters (ACCSM) 13. ASEAN Centre for Biodiversity (ACB)

22 ASEAN Coordinating Centre for Humanitarian Assistance on disaster management (AHA Centre) 15. ASEAN Earthquakes Information Centre 16. ASEAN Specialised Meteorological Centre (ASMC) 17. ASEAN University Network (AUN) Annex 2 Entities Associated with ASEAN I. PARLIAMENTARIANS II. ASEAN Inter-Parliamentary Assembly (AIPA) BUSINESS ORGANISATIONS ASEAN Airlines Meeting ASEAN Alliance of Health Supplement Association (AAHSA) ASEAN Automotive Federation (AAF) ASEAN Bankers Association (ABA) ASEAN Business Advisory Council (ASEAN-BAC) ASEAN Business Forum (ABF) ASEAN Chamber of Commerce and Industry (ASEAN-CCI) ASEAN Chemical Industries Council ASEAN Federation of Textiles Industries (AFTEX) ASEAN Furniture Industries Council (AFIC) ASEAN Insurance Council (AIC) ASEAN Intellectual Property Association (ASEAN IPA) ASEAN International Airports Association (AAA) ASEAN Iron & Steel Industry Federation ASEAN Pharmaceutical Club ASEAN Tourism Association (ASEANTA) Federation of ASEAN Economic Associations (FAEA) Federation of ASEAN Shippers Council US-ASEAN Business Council III. THINK TANKS AND ACADEMIC INSTITUTIONS ASEAN-ISIS Network IV. ACCREDITED CIVIL SOCIETY ORGANISATIONS ASEAN Academics of Science, Engineering and Technology (ASEAN CASE) ASEAN Academy of Engineering and Technology (AAET) ASEAN Association for Clinical Laboratory Sciences (AACLS) ASEAN Association for Planning and Housing (AAPH) ASEAN Association of Radiologists (AAR) ASEAN Chess Confederation (ACC) ASEAN Confederation of Employers (ACE) ASEAN Confederation of Women s Organisation (ACWO) ASEAN Constructors Federation (ACF) ASEAN Cosmetics Association (ACA) ASEAN Council for Japan Alumni (ASCOJA) ASEAN Council of Teachers (ACT) ASEAN Federation for Psychiatric and Mental Health (AFPMH) ASEAN Federation of Accountants (AFA) ASEAN Federation of Electrical Engineering Contractors (AFEEC) ASEAN Federation of Engineering Organization (AFEO) ASEAN Federation of Flying Clubs (AFFC) ASEAN Federation of Forwarders Associations (AFFA) ASEAN Federation of Heart Foundation (AFHF) ASEAN Federation of Land Surveying and Geomatics (ASEAN FLAG) ASEAN Federation of Mining Association (AFMA) ASEAN Fisheries Federation (AFF) ASEAN Football Federation (AFF) ASEAN Forest Products Industry Club (AFPIC) ASEAN Forestry Students Association (AFSA) ASEAN Handicraft Promotion and Development Association (AHPADA) ASEAN Kite Council (AKC) ASEAN Law Association (ALA) ASEAN Law Students Association (ALSA) ASEAN Music Industry Association (AMIA) ASEAN Neurosurgical Society (ANS) ASEAN NGO Coalition on Ageing ASEAN Non-Governmental Organizations for the Prevention of Drugs and Substance Abuse ASEAN Oleochemical Manufacturers Group (AOMG) ASEAN Orthopaedic Association (AOA) ASEAN Paediatric Federation (APF) ASEAN Para Sports Federation (APSF) ASEAN Ports Association (APA) ASEAN Thalassemia Society (ATS) ASEAN Valuers Association (AVA) ASEAN Vegetable Oils Club (AVOC) Asian Partnership for Development of Human Resources in Rural Asia (AsiaDHRRA) Committee for ASEAN Youth Cooperation (CAYC) Federation of ASEAN Consulting Engineers (FACE) Federation of ASEAN Public Relations Organizations (FAPRO) Federation of ASEAN Shipowners Associations (FASA) Medical Association of Southeast Asian Nations Committee (MASEAN) Rheumatism Association of ASEAN (RAA) Southeast Asia Regional Institute for Community and Education (SEARICE) Southeast Asian Studies Regional Exchange Program (SEASREP) Foundation Veterans Confederation of ASEAN Countries (VECONAC) V. OTHER STAKEHOLDERS IN ASEAN ASEANAPOL Federation of Institutes of Food Science and Technology in ASEAN (FIFSTA) Southeast Asian Fisheries Development Centre (SEAFDEC) Working Group for an ASEAN Human Rights Mechanism Annex 3 ASEAN Flag The ASEAN Flag represents a stable, peaceful, united and dynamic ASEAN. The colours of the Flag blue, red, white and yellow represent the main colours of the flags of all the ASEAN Member States.

23 11 The blue represents peace and stability. Red depicts courage and dynamism. White shows purity and yellow symbolises prosperity. The stalks of padi represent the dream of ASEAN s Founding Fathers for an ASEAN comprising all the countries in Southeast Asia bound together in friendship and solidarity. The circle represents the unity of ASEAN. The specification of Pantone Colour adopted for the colours of the ASEAN Flag are: Blue : Pantone TC Red : Pantone TC White : Pantone TC Yellow : Pantone TC For the printed version, the specifications of colours (except white) will follow those for the colours of the ASEAN Emblem, i.e.: Blue : Pantone 286 or Process Colour 100C 60M 0Y 6K Red : Pantone Red 032 or Process Colour 0C 91M 87Y 0K Yellow : Pantone Process Yellow or Process Colour 0C 0M 100Y 0K The ratio of the width to the length of the Flag is two to three, and the size specifications for the following Flags are: Table Flag : 10 cm x 15 cm Room Flag : 100 cm x 150 cm Car Flag : 10 cm x 30 cm Field Flag : 200 cm x 300 cm Annex 4 ASEAN Emblem The ASEAN Emblem represents a stable, peaceful, united and dynamic ASEAN. The colours of the Emblem blue, red, white and yellow represent the main colours of the crests of all the ASEAN Member States. The blue represents peace and stability. Red depicts courage and dynamism. White shows purity and yellow symbolises prosperity. The stalks of padi represent the dream of ASEAN s Founding Fathers for an ASEAN comprising all the countries in Southeast Asia bound together in friendship and solidarity. The circle represents the unity of ASEAN. The specification of Pantone Colour adopted for the colours of the ASEAN Emblem are: Blue : Pantone 286 Red : Pantone Red 032 Yellow : Pantone Process Yellow For four-colour printing process, the specifications of colours will be: Blue : 100C 60 M 0Y 6K (100C 60M 0Y 10K) Red : 0C 91M 87Y 0K (0C 90M 90Y 0K) Yellow : 0C 0M 100Y 0K Specifications in brackets are to be used when an arbitrary measurement of process colours is not possible. In Pantone Process Colour Simulator, the specifications equal to: Blue : Pantone Red : Pantone 60-1 Yellow : Pantone 1-3 The font used for the word ASEAN in the Emblem is lower-case Helvetica in bold. Singapore Declaration on the ASEAN Charter Singapore, 20 November 2007 WE, the Heads of State/Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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 Countries of ASEAN, on the occasion of the 40th Anniversary of ASEAN and the 13th ASEAN Summit in Singapore; REAFFIRMING our conviction, as expressed in the Kuala Lumpur Declaration on the Establishment of the ASEAN Charter on 12 December 2005 and the Cebu Declaration on the Blueprint of the ASEAN Charter on 13 January 2007, that the Charter shall serve as a legal and institutional framework, as well as an inspiration for ASEAN in the years ahead; REITERATING our full resolve and commitment to narrow the development gap and to advance ASEAN integration through the creation of an ASEAN Community in furtherance of peace, progress and prosperity of its peoples; and HAVING SIGNED the ASEAN Charter; DO HEREBY DECLARE: To faithfully respect the rights and fulfil the obligations outlined in the provisions of the ASEAN Charter; To complete ratification by all Member Countries as soon as possible in order to bring the ASEAN Charter into force; and To undertake all appropriate measures in each Member Country to implement the ASEAN Charter. ADOPTED in Singapore, this Twentieth Day of November in the Year Two Thousand and Seven.

24 12 Declaration on the ASEAN Economic Community Blueprint Singapore, 20 November 2007 WE, the Heads of State/Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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 Countries of ASEAN, on the occasion of the 40th Anniversary of ASEAN and the 13th ASEAN Summit in Singapore; RECALLING our earlier decision to establish by 2020 the ASEAN Community, including the ASEAN Economic Community (AEC), made in the Declaration of ASEAN Concord II in Bali, Indonesia, on 7 October 2003; DETERMINED to achieve higher levels of economic dynamism, sustained prosperity, inclusive growth and integrated development of ASEAN; CONSCIOUS of the increasing interdependence of the ASEAN economies within the region as well as with the rest of the world and stressing the importance of narrowing the development gap for accelerating the ASEAN Economic Community by 2015; RECOGNISING that different levels of development within ASEAN require some flexibility as ASEAN moves towards a more integrated and interdependent future; REAFFIRMING our collective commitment, made at the 12th ASEAN Summit in Cebu, the Philippines, on 13 January 2007, to accelerate the establishment of the ASEAN Community, including its AEC pillar, to 2015; COGNISANT of the need to have a strengthened institutional framework and a unified legal identity as set forth in the ASEAN Charter by putting in place rules-based systems to realise the establishment of the AEC by 2015; EXPRESSING satisfaction at the overall progress made and commitment shown by ASEAN in developing the AEC Blueprint and to ensure its timely implementation; REAFFIRMING the ASEAN Economic Ministers (AEM) as the coordinator of all ASEAN economic integration and cooperation issues; DO HEREBY: 1. ADOPT the AEC Blueprint which each ASEAN Member Country shall abide by and implement the AEC by The AEC Blueprint will transform ASEAN into a single market and production base, a highly competitive economic region, a region of equitable economic development, and a region fully integrated into the global economy. The AEC Blueprint including its strategic schedule is annexed to this Declaration. 2. TASK concerned Ministers, assisted by the ASEAN Secretariat, to implement the AEC Blueprint and to report to us regularly, through the Council of the ASEAN Economic Community, on the progress of its implementation. DONE in Singapore on the twentieth day of November in the Year Two Thousand and Seven, in single copy, in the English language. For Brunei Darussalam HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam For Kingdom of Cambodia: SAMDECH HUN SEN Prime Minister For the Republic of Indonesia: DR. SUSILO BAMBANG YUDHOYONO President For the Lao People s Democratic Republic: BOUASONE BOUPHAVANH Prime Minister For Malaysia: DATO SERI ABDULLAH AHMAD BADAWI Prime Minister For the Union of Myanmar: GENERAL THEIN SEIN Prime Minister For the Republic of the Philippines: GLORIA MACAPAGAL-ARROYO President For the Republic of Singapore: LEE HSIEN LOONG Prime Minister For the Kingdom of Thailand: GENERAL SURAYUD CHULANONT (RET.) Prime Minister For the Socialist Republic of Viet Nam: NGUYEN TAN DUNG Prime Minister ASEAN ECONOMIC COMMUNITY BLUEPRINT I. INTRODUCTION 1. The ASEAN Leaders at their Summit in Kuala Lumpur in December 1997 decided to transform ASEAN into a stable, prosperous, and highly competitive region with equitable economic development, and reduced poverty and socio-economic disparities (ASEAN Vision 2020). 2. At the Bali Summit in October 2003, ASEAN Leaders declared that the ASEAN Economic Community (AEC) shall be the goal of regional economic integration (Bali Concord II) by In addition to the AEC, the ASEAN Security Community and the ASEAN Socio-Cultural Community are the other two integral pillars of the envisaged ASEAN Community. All the three pillars are expected to work in tandem in establishing the ASEAN Community in 2020.

25 13 3. Subsequently, the ASEAN Economic Ministers Meeting (AEM) held in August 2006 in Kuala Lumpur, Malaysia, agreed to develop a single and coherent blueprint for advancing the AEC by identifying the characteristics and elements of the AEC by 2015 consistent with the Bali Concord II with clear targets and timelines for implementation of various measures as well as pre-agreed flexibilities to accommodate the interests of all ASEAN Member Countries. 4. At the 12th ASEAN Summit in January 2007, the Leaders affirmed their strong commitment to accelerate the establishment of an ASEAN Community by 2015 as envisioned in the ASEAN Vision 2020 and the ASEAN Concord II, and signed the Cebu Declaration on the Acceleration of the Establishment of an ASEAN Community by In particular, the Leaders agreed to hasten the establishment of the ASEAN Economic Community by 2015 and to transform ASEAN into a region with free movement of goods, services, investment, skilled labour, and freer flow of capital. II. CHARACTERISTICS AND ELEMENTS OF AEC 5. The AEC is the realisation of the end goal of economic integration as espoused in the Vision 2020, which is based on a convergence of interests of ASEAN Member Countries to deepen and broaden economic integration through existing and new initiatives with clear timelines. In establishing the AEC, ASEAN shall act in accordance to the principles of an open, outward-looking, inclusive, and marketdriven economy consistent with multilateral rules as well as adherence to rules-based systems for effective compliance and implementation of economic commitments. 6. The AEC will establish ASEAN as a single market and production base making ASEAN more dynamic and competitive with new mechanisms and measures to strengthen the implementation of its existing economic initiatives; accelerating regional integration in the priority sectors; facilitating movement of business persons, skilled labour and talents; and strengthening the institutional mechanisms of ASEAN. As a first step towards realising the ASEAN Economic Community, ASEAN has been implementing the recommendations of the High Level Task Force (HLTF) on ASEAN Economic Integration contained in the Bali Concord II. 7. At the same time, the AEC will address the development divide and accelerate integration of Cambodia, Lao PDR, Myanmar and Viet Nam (CLMV) through the Initiative for ASEAN Integration and other regional initiatives. Other areas of cooperation are also to be incorporated such as human resources development and capacity building; recognition of professional qualifications; closer consultation on macroeconomic and financial policies; trade financing measures; enhanced infrastructure and communications connectivity; development of electronic transactions through e-asean; integrating industries across the region to promote regional sourcing; and enhancing private sector involvement for the building of the AEC. 8. Based on the above and taking into consideration the importance of external trade to ASEAN and the need for the ASEAN Community as a whole to remain outward looking, the AEC envisages the following key characteristics: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. These characteristics are inter-related and mutually reinforcing. Incorporating the required elements of each characteristic in one Blueprint shall ensure the consistency and coherence of these elements as well as their implementation and proper coordination among relevant stakeholders. A. Single Market and Production Base 9. An ASEAN single market and production base shall comprise five core elements: (i) free flow of goods; (ii) free flow of services; (iii) free flow of investment; (iv) freer flow of capital; and (v) free flow of skilled labour. In addition, the single market and production base also include two important components, namely, the priority integration sectors, and food, agriculture and forestry. A1. Free flow of goods 10. Free flow of goods is one of the principal means by which the aims of a single market and production base can be achieved. A single market for goods (and services) will also facilitate the development of production networks in the region and enhance ASEAN s capacity to serve as a global production centre or as a part of the global supply chain. 11. Through ASEAN Free Trade Area (AFTA), ASEAN has achieved significant progress in the removal of tariffs. However, free flow of goods would require not only zero tariffs but the removal of non-tariff barriers as well. In addition, another major component that would facilitate free flow of goods is trade facilitation measures such as integrating customs procedures, establishing the ASEAN Single Window, continuously enhancing the Common Effective Preferential Tariffs (CEPT) Rules of Origin including its Operational Certification Procedures, and harmonising standards and conformance procedures. 12. The Common Effective Preferential Tariffs for ASEAN Free Trade Area (CEPT-AFTA) Agreement will be reviewed and enhanced to become a comprehensive agreement in realising free flow of goods and applicable to ASEAN needs for accelerated economic integration towards Elimination of Tariffs. Tariffs on all intra-asean goods will be eliminated in accordance with the schedules and commitments set out in the CEPT-AFTA Agreement and other relevant Agreements/ Protocols. Actions: i. Eliminate import duties on all products, except for those phased in from the Sensitive and Highly Sensitive Lists by 2010 for ASEAN-6 and by 2015, with flexibilities for some sensitive products by 2018, for CLMV in accordance with the provisions of the Protocol to Amend the CEPT Agreement for the Elimination of Import Duties; ii. Eliminate import duties on products in the Priority Integration Sectors by 2007 for ASEAN-6 and 2012 for CLMV in accordance with the provisions of the ASEAN Framework (Amendment) Agreement for the Integration of Priority Sectors; iii. Complete the phasing in of the remaining products in the Sensitive List (SL) into the CEPT Scheme and reduce tariffs on these products to 0-5% by 1 January 2010 for ASEAN-6, 1 January 2013 for Viet Nam, 1 January 2015 for Lao PDR and Myanmar, and by 1 January 2017 for Cambodia, in accordance with the provisions of the Protocol on Special Arrangements for Sensitive and Highly Sensitive Products; and iv. Phase in products, which are in the General Exceptions List, in conformity with the CEPT Agreement. 14. Elimination of Non-Tariff Barriers. ASEAN has achieved significant progress in tariff liberalisation. The main focus of ASEAN towards 2015 will be placed on the full elimination of non-tariff barriers (NTBs).

26 14 Actions: i. Enhance transparency by abiding to the Protocol on Notification Procedure and setting up an effective Surveillance Mechanism; ii. Abide by the commitment of a standstill and rollback on NTBs; iii. Remove all NTBs by 2010 for ASEAN-5, by 2012 for the Philippines, and by 2015 with flexibilities to 2018 for CLMV, in accordance with the agreed Work Programme on Non-Tariff Barriers (NTBs) elimination; iv. Enhance transparency of Non-Tariff Measures (NTMs); and v. Work towards where possible having regional rules and regulations consistent with International best practices. 15. Rules of Origin (ROO): Putting in place ROO which are responsive to the dynamic changes in global production processes so as to: facilitate trade and investment among ASEAN Member Countries; promote a regional production network; encourage development of SMEs and the narrowing of development gaps; and promote the increased usage of the AFTA CEPT Scheme. Actions: i. Continuously reform and enhance the CEPT ROO to respond to changes in regional production processes, including making necessary adjustments such as the introduction of advance rulings and improvements to the ROO; ii. Simplify the Operational Certification Procedures for the CEPT ROO and ensure its continuous enhancement, including the introduction of facilitative processes such as the electronic processing of certificates of origin, and harmonisation or alignment of national procedures to the extent possible; and iii. Review all the ROO implemented by ASEAN Member Countries, individually and collectively, and explore possible cumulation mechanisms, where possible. 16. Trade facilitation. Simple, harmonised and standardised trade and customs, processes, procedures and related information flows are expected to reduce transaction costs in ASEAN which will enhance export competitiveness and facilitate the integration of ASEAN into a single market for goods, services and investments and a single production base. Actions: i. Assess trade facilitation conditions in ASEAN; ii. Develop and implement a comprehensive trade facilitation work programme which aims at simplifying, harmonising and standardising trade and customs, processes, procedures and related information flows; iii. Promote transparency and visibility of all actions and interventions by all stakeholders within international trade transactions; iv. Establish a regional trade facilitation cooperation mechanism; v. Establish ASEAN Trade Facilitation Repository; vi. Develop national level measures to support and ensure effective implementation of regional level initiatives; and vii. Develop a comprehensive capacity building programmes to ensure smooth implementation of the work programme. 17. Customs Integration. In light of the acceleration of AEC, the realisation of ASEAN Customs Vision 2020 is brought forward to In particular, the Strategic Plan of Customs Development aims to: (a) integrate customs structures; (b) modernise tariff classification, customs valuation and origin determination and establish ASEAN e-customs; (c) smoothen customs clearance; (d) strengthen human resources development; (e) promote partnership with relevant international organisations; (f) narrow the development gaps in customs; and (g) adopt risk management techniques and audit-based control (PCA) for trade facilitation. Actions: i. Modernise customs techniques, guided by simple and harmonised customs procedures and formalities in line with international standards and best practices through the implementation of regional models of processing of cargoes and shipments (ASEAN Cargo Clearance and ASEAN Customs Declaration Document in 2007); ii. Establish ASEAN Customs Transit system to facilitate movement of goods and means of transport; iii. Establish ASEAN Customs systems dealing with special customs regimes such as Temporary Admission, Outward Processing and Inward Processing with the view to facilitate integration of production and supply chains; iv. Adopt international standards and practices to secure a uniform system of tariff classification, a synchronised system of value assessment for customs purposes and a harmonised system of origin determination, and information exchange where possible; v. Implement ASEAN e-customs; and vi. Promote mutual assistance for better customs efficiency and effectiveness. 18. ASEAN Single Window. The implementation of measures of simplifying, harmonising and standardising trade and customs, processes, procedures and the application of ICT in all areas related to trade facilitation would be paramount in the ultimate creation of an ASEAN Single Window. The ASEAN Single Window is an environment where ten National Single Windows of individual Member Countries operate and integrate. National Single Window enables a single submission of data and information, a single and synchronous processing of data and information and a single decision-making for customs clearance of cargo, which expedites the customs clearance, reduce transaction time and costs, and thus enhance trade efficiency and competitiveness. Actions: i. ASEAN-6 (Brunei Darussalam, Indonesia, Malaysia, Philippines, Singapore and Thailand) shall operationalise their National Single Windows by 2008 at the latest; ii. ASEAN-4 (Cambodia, Lao PDR, Myanmar and Viet Nam) shall operationalise their National Single Windows no later than 2012; and iii. Standardisation of data elements based on WCO data model, the WCO data set and United Nation Trade Data Elements Directory (UNTDED) and acceleration of introduction of information, communication and technology (ICT) for digitalised processing and exchange. 19. Standards and Technical Barriers to Trade. Systems of standards, quality assurance, accreditation, and measurement are crucial to promote greater efficiency and enhance cost effectiveness of production of intra-regional imports/exports. Standards, technical regulations and conformity assessment procedures will be harmonised through the implementation of the ASEAN Policy Guideline on Standards and Conformance, with greater transparency, improved quality of conformity assessment and active participation of the private sector.

27 15 Actions: i. Harmonise standards, technical regulations and conformity assessment procedures through their alignment with international practices, where applicable; 1 ii. Develop and implement sectoral Mutual Recognition Arrangements (MRAs) on Conformity Assessment for specific sectors identified in the ASEAN Framework Agreement on Mutual Recognition Arrangements (also see footnote 1); iii. Enhance technical infrastructure and competency in laboratory testing, calibration, inspection, certification and accreditation based on regionally/internationally accepted procedures and guides; iv. Promote transparency in the development and application of standards, technical regulations and conformity assessment procedures in line with the requirements of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade and the ASEAN Policy Guideline on Standards and Conformance; v. Strengthen post market surveillance systems to ensure the successful implementation of the harmonised technical regulations; and vi. Develop capacity building programmes to ensure smooth implementation of the work programme. A2. Free flow of services 20. Free flow of trade in services is one of the important elements in realising ASEAN Economic Community, where there will be substantially no restriction to ASEAN services suppliers in providing services and in establishing companies across national borders within the region, subject to domestic regulations. Liberalisation of services has been carried out through rounds of negotiation mainly under the Coordinating Committee on Services. Negotiation of some specific services sectors such as financial services and air transport are carried out by their respective Ministerial bodies. In liberalising services, there should be no back-loading of commitments, and preagreed flexibility shall be accorded to all ASEAN Member Countries. 21. In facilitating the free flow of services by 2015, ASEAN is also working towards recognition of professional qualifications with a view to facilitate their movement within the region. Actions: i. Remove substantially all restrictions on trade in services for 4 priority services sectors, air transport, e-asean, healthcare and tourism, by 2010 and the fifth priority services sector, logistics services, by 2013; ii. Remove substantially all restrictions on trade in services for all other services sectors by 2015; iii. Undertake liberalisation through consecutive rounds of every iv. two years until 2015, i.e. 2008, 2010, 2012, 2014 and 2015; Target to schedule minimum numbers of new subsectors for each round: 10 sub-sectors in 2008, 15 in 2010, 20 in 2012, 20 in 2014 and 7 in 2015, based on GATS W/120 universe of classification; v. Schedule packages of commitments for every round according to the following parameters: No restrictions for Modes 1 and 2, with exceptions due to bona fide regulatory reasons (such as public safety) which are subject to agreement by all Member Countries on a case-by-case basis; 1 Identification of standards, technical regulations and conformity assessment procedures to be harmonised or for sectoral MRAs to be developed, must take into consideration the impact on ASEAN trade, the complexity of the regulatory system, the technical infrastructure as well as the feedback from stakeholders. Allow for foreign (ASEAN) equity participation of not less than 51% by 2008, and 70% by 2010 for the 4 priority services sectors; not less than 49% by 2008, 51% by 2010, and 70% by 2013 for logistics services; and not less than 49% by 2008, 51% by 2010, and 70% by 2015 for other services sectors; and Progressively remove other Mode 3 market access limitations by 2015; vi. Set the parameters of liberalisation for national treatment limitations, Mode 4 and limitations in the horizontal commitments for each round by 2009; vii. Schedule commitments according to agreed parameters for national treatment limitations, Mode 4 and limitations in the horizontal commitments set in 2009; viii. Complete the compilation of an inventory of barriers to services by August 2008; ix. Allow for overall flexibilities 2, which cover the subsectors totally excluded from liberalisation and the sub-sectors in which not all the agreed parameters of liberalisation of the modes of supply are met, in scheduling liberalisation commitments. The scheduling of liberalisation commitments in each round shall be accorded with the following flexibilities: Possibility of catching up in the next round if a Member Country is not able to meet the parameters of commitments set for the previous round; Allowing for substituting sub-sectors that have been agreed to be liberalised in a round but for which a Member Country is not able to make commitments with sub-sectors outside the agreed sub-sectors; and Liberalisation through the ASEAN Minus X formula. x. Complete mutual recognition arrangements (MRAs) currently under negotiation, i.e. architectural services, accountancy services, surveying qualifications, medical practitioners by 2008, and dental practitioners by 2009; xi. Implement the MRAs expeditiously according to the provisions of each respective MRA; xii. Identify and develop MRAs for other professional services by 2012, to be completed by 2015; and xiii. Strengthen human resource development and capacity building in the area of services. For the financial services sector 3, 22. Liberalisation measures of the financial services sector should allow members to ensure orderly financial sector development and maintenance of financial and socioeconomic stability. Member Countries would be guided by the following principles in pacing their liberalisation measures: a) Liberalisation through ASEAN Minus X formula where countries that are ready to liberalise can proceed first and be joined by others later; and b) The process of liberalisation should take place with due respect for national policy objectives and the level of economic and financial sector development of the individual members. 2 The 15% figure for overall flexibility will be reviewed upon the completion of the inventory of limitations in All measures for the financial services sector will be subject to prudential measures and balance of payment safeguards as provided for under the WTO General Agreement on Trade in Services.

28 16 Actions: i. Progressively liberalise restrictions in sub-sectors or modes as identified by each member country by 2015; and ii. Progressively liberalise restrictions in the remaining sub-sectors or modes, which are not identified under pre-agreed flexibilities, by A3. Free flow of investment 23. A free and open investment regime is key to enhancing ASEAN s competitiveness in attracting foreign direct investment (FDI) as well as intra-asean investment. Sustained inflows of new investments and reinvestments will promote and ensure dynamic development of ASEAN economies. 24. ASEAN investment cooperation is being implemented through the Framework Agreement on the ASEAN Investment Area (AIA), 1998, while investment protection is accorded under a separate agreement i.e. the ASEAN Agreement for the Promotion and Protection of Investment, 1987 or commonly referred to as ASEAN Investment Guarantee Agreement (IGA). 25. Under the AIA, all industries (in the manufacturing, agriculture, fishery, forestry and mining and quarrying sectors and services incidental to these five sectors) shall be open and national treatment granted to investors both at the pre-establishment and the postestablishment stages, with some exceptions as listed in member countries Temporary Exclusion Lists (TEL) and Sensitive Lists (SL). The TEL is to be phased-out based on agreed timelines. Although the SL does not have a timeline for phasing-out, they will be reviewed periodically. 26. To enhance regional integration as well as to maintain a competitive investment area, both the Framework Agreement on the AIA and the ASEAN IGA will be reviewed. The objective is to realise a more comprehensive investment agreement which should be forward looking, with improved features, provisions and obligations by considering international best practices that would increase the investor confidence in ASEAN. The ASEAN Comprehensive Investment Agreement (ACIA), which will build on the existing AIA Agreement and ASEAN IGA, will cover the following pillars: Investment Protection 27. Provide enhanced protection to all investors and their investments to be covered under the comprehensive agreement. Actions: i. To strengthen among others the following provisions: investor-state dispute settlement mechanism; transfer and repatriation of capital, profits, dividends, etc. 4 ; transparent coverage on the expropriation and compensation; full protection and security; and treatment of compensation for losses resulting from strife. Facilitation and Cooperation 28. A more transparent, consistent and predictable investment rules, regulations, policies and procedures. 4 Since these items are related to capital movements, they should follow the guiding principles of capital movements as stated in section A.4. Freer Flow of Capital, particularly on Allowing Greater Capital Mobility. Actions: i. Harmonise, where possible, investment policies to achieve industrial complementation and economic integration; ii. Streamline and simplify procedures for investment applications and approvals; iii. Promote dissemination of investment information: rules, regulations, policies and procedures, including through onestop investment centre or investment promotion board; iv. Strengthen databases on all forms of investments covering goods and services to facilitate policy formulation; v. Strengthen coordination among government ministries and agencies concerned; vi. Consultation with ASEAN private sectors to facilitate investment; and vii. Identify and work towards areas of complementation ASEANwide as well as bilateral economic integration. Promotion and Awareness 29. Promote ASEAN as an integrated investment area and production network. Actions: i. Create the necessary environment to promote all forms of investment and new growth areas into ASEAN; ii. Promote intra-asean investments, particularly investments from ASEAN-6 to CLMV; iii. Promote the growth and development of SMEs and MNEs; iv. Promote industrial complementation and production networks among MNCs in ASEAN; v. Promote joint investment missions that focus on regional clusters and production networks; vi. Extend the benefits of ASEAN industrial cooperation initiatives in addition to the AICO Scheme to encourage regional clusters and production networks; and vii. Work towards establishing an effective network of bilateral agreements on avoidance of double taxation among ASEAN countries. Liberalisation 30. Progressive liberalisation of ASEAN Member Countries investment regime to achieve free and open investment by Actions: i. Extend non-discriminatory treatment, including national treatment and most-favoured nation treatment, to investors in ASEAN with limited exceptions; minimise and where possible, eliminate such exceptions; ii. Reduce and where possible, eliminate restrictions to entry for investments in the Priority Integration Sectors covering goods; and iii. Reduce and where possible, eliminate restrictive investment measures and other impediments, including performance requirements. A4. Freer flow of capital 31. Strengthening ASEAN Capital Market Development and Integration. Actions: i. Achieve greater harmonisation in capital market standards in ASEAN in the areas of offering rules for debt securities, disclosure requirements and distribution rules;

29 17 ii. Facilitate mutual recognition arrangement or agreement for the cross recognition of qualification and education and experience of market professionals; iii. Achieve greater flexibility in language and governing law iv. requirements for securities issuance; Enhance withholding tax structure, where possible, to promote the broadening of investor base in ASEAN debt issuance; and v. Facilitate market driven efforts to establish exchange and debt market linkages, including cross-border capital raising activities. 32. Allowing Greater Capital Mobility. The liberalisation of capital movements is to be guided by the following principles: a) Ensuring an orderly capital account liberalisation consistent with member countries national agenda and readiness of the economy; b) Allowing adequate safeguard against potential macroeconomic instability and systemic risk that may arise from the liberalisation process, including the right to adopt necessary measures to ensure macroeconomic stability; and c) Ensuring the benefits of liberalisation to be shared by all ASEAN countries. Actions: i. Remove or relax restrictions, where appropriate and possible, to facilitate the flows of payments and transfers for current account transactions; ii. Remove or relax restrictions on capital flows, where appropriate and possible, to support foreign direct investment and initiatives to promote capital market development A5. Free flow of skilled labour 33. In allowing for managed mobility or facilitated entry for the movement of natural persons engaged in trade in goods, services, and investments, according to the prevailing regulations of the receiving country, ASEAN is working to: Action: i. Facilitate the issuance of visas and employment passes for ASEAN professionals and skilled labour who are engaged in cross-border trade and investment related activities. 34. In facilitating the free flow of services (by 2015), ASEAN is also working towards harmonisation and standardisation, with a view to facilitate their movement within the region. Actions: i. Enhance cooperation among ASEAN University Network (AUN) members to increase mobility for both students and staff within the region; ii. Develop core competencies and qualifications for job/ occupational and trainers skills required in the priority services sectors (by 2009); and in other services sectors (from 2010 to 2015); and iii. Strengthen the research capabilities of each ASEAN Member Country in terms of promoting skills, job placements, and developing labour market information networks among ASEAN Member Countries. A6. Priority Integration Sectors 35. While it is desirable to integrate across the whole range of economic sectors, ASEAN has recognised the magnitude of the challenge this would pose and initially focused its resources on comprehensively integrating a limited number of priority sectors, which will serve as a catalyst for the overall ASEAN economic integration. 36. Twelve priority integration sectors were identified for accelerated economic integration. Several Member Countries took on the coordinator role for each sector. Each priority integration sector has a roadmap, which combines specific initiatives of the sector and the broad initiatives that cut across all sectors such as trade facilitation measures. 37. Raising the efficiency of these key sectors will enable ASEAN to compete for capital, and retain value-added economic activity and employment in the region. The sectoral approach allows the region to focus its limited resources on rapid and deep integration in these critical areas while provides ASEAN members the opportunity to observe and manage the impact of integration and to jointly develop a stronger sense of commitment to economic integration prior to a broader roll-out. Actions: i. Conduct a bi-annual review to monitor the status, progress and effectiveness of PIS roadmaps to ensure their timely implementation; and ii. Identify sector-specific projects or initiatives through regular dialogues or consultation with stakeholders, particularly the private sector. A7. Food, Agriculture and Forestry 38. Enhance intra- and extra-asean trade and long-term competitiveness of ASEAN s food, agriculture and forestry products/commodities. Actions: i. Monitor implementation of CEPT-AFTA schemes for agricultural and forest products; ii. Develop and apply fisheries quality management systems that ensure food safety and support competitive position of ASEAN fisheries products on world markets through the implementation, validation, verification of Hazard Analysis Critical Control Point (HACCP)-based systems and improved laboratories practices, and adapting quality and safety management systems so that they may be applied to small enterprises in ASEAN by 2009; iii. Establish Good Agriculture / Aquaculture Practices (GAP), Good Animal Husbandry Practices (GAHP), Good Hygiene Practices (GHP), Good Manufacturing Practices (GMP), and Hazard Analysis Critical Control Point (HACCP) based systems; for agricultural and food products with significant trade / trade potential by 2012; iv. Harmonise the quarantine and inspection/sampling procedure by 2010 and Sanitary and Phytosanitary (SPS) measures for agricultural, food and forestry products with significant trade / trade potential; in accordance with international standards/ guidelines, where applicable, by 2015; v. Harmonise the Maximum Residue Limits (MRLs) of commonly used pesticides for widely traded crop products in accordance with international standards/guidelines, where applicable, by 2010;

30 18 vi. Harmonise the regulatory framework for agricultural products derived from modern biotechnology in accordance with international standards/guidelines, where applicable, by 2015; vii. Harmonise the safety and quality standards for horticultural produce and agricultural products of economic importance in the ASEAN region, in accordance with international standards/ guidelines, where applicable, by 2015; viii. Harmonise the animal (both terrestrial and aquatic animals) health control for safety of food of animal origin through a common bio-security management standards scheme, in accordance with international standards/guidelines, where applicable, by 2015; ix. Harmonise guidelines for the use of chemicals in aquaculture and measures to eliminate the use of harmful chemicals, in accordance with international standards/guidelines, where applicable, by 2009; and x. Develop a regional reference framework on phased-approach to forest certification by Promote cooperation, joint approaches and technology transfer among ASEAN Member Countries and international, regional organisations and private sector. Actions: i. Develop joint strategies / positions on issues of related interest to ASEAN with international organisations such as WTO, Food and Agriculture Organisation of the United Nations (FAO), World Organisation for Animal Health (OIE), International Plant Protection Convention (IPPC), CODEX, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and dialogue partners; ii. Promote collaborative research and technology transfer in agriculture, food and forestry products; iii. Establish strategic alliances and joint approaches with the private sectors in promoting food safety, investment and joint venture opportunities, promotion of agricultural products and market access; iv. Strengthen efforts to combat illegal logging and its associated trade, forest fire and its resultant effects; and v. Strengthen efforts to combat illegal fishing. 40. Promote ASEAN agricultural cooperatives as a means to empower and enhance market access of agricultural products, to build a network mechanism linking agricultural cooperatives, and to fulfil the purpose of agricultural cooperatives for the benefit of farmers in the region. Actions: i. Strengthen strategic alliance between agricultural cooperatives in ASEAN through bilateral, regional and multilateral cooperation; ii. Establish business linkages among the potential agricultural cooperatives within ASEAN; and iii. Promote direct investment and strategic partnership with ASEAN agricultural cooperatives producers, consumers, and traders. B. Competitive Economic Region B1. Competition Policy 41. The main objective of the competition policy is to foster a culture of fair competition. Institutions and laws related to competition policy have recently been established in some (but not all) ASEAN Member Countries (AMCs). 5 There is currently no official ASEAN body for cooperative work on CPL to serve as a network for competition agencies or relevant bodies to exchange policy experiences and institutional norms on CPL. Actions: i. Endeavour to introduce competition policy in all ASEAN Member Countries by 2015; ii. Establish a network of authorities or agencies responsible for competition policy to serve as a forum for discussing and coordinating competition policies; iii. Encourage capacity building programmes/activities for ASEAN Member Countries in developing national competition policy; and iv. Develop a regional guideline on competition policy by 2010, based on country experiences and international best practices with the view to creating a fair competition environment. B2. Consumer Protection 42. The building of an integrated economic region with a people-centred approach in this region has made ASEAN mindful that consumers cannot be precluded in all measures taken to achieve this integration. Consumer protection measures are already being developed in tandem with the proposed economic measures to address the already emerging consumer protection. Actions: i. Strengthen consumer protection in ASEAN through the establishment of the ASEAN Coordinating Committee on Consumer Protection (ACCCP); ii. Establish a network of consumer protection agencies to facilitate information sharing and exchange; and iii. Organise regional training courses for consumer protection officials and consumer leaders in preparation for an integrated ASEAN market. B3. Intellectual property rights (IPR) 43. In principle, intellectual property (IP) policy can serve as a powerful stimulus to (a) cultural, intellectual and artistic creativity and their commercialisation; (b) efficient adoption and adaptation of more advanced technologies; and (c) continuous learning to meet the ever-rising threshold of performance expectations. 44. IP policy can also help to incubate a vibrant culture of creativity and invention, and to ensure more equitable access and benefits to all stakeholders in both traditional and newer IPRs. Furthermore, IP policy can influence both the volume and quality of external trade and investment and the transfers of advanced, proprietary technologies. IP creativity is a major determinant of local value added and external competitiveness. 5 Currently, only four AMCs (Indonesia, Singapore, Thailand and Viet Nam) have their own competition law and competition regulatory bodies. Malaysia has not passed any nationwide competition law but has, instead, relied on sector-level regulations to ensure and enforce competition in markets.

31 Regional cooperation in IPR has been guided by the ASEAN IPR Action Plan and the Work Plan for ASEAN Cooperation on Copyrights which aim to develop a culture of learning and innovation supported by a friendlier IP profile to businesses, investors, inventors and creators in ASEAN. In addition, these Plans are also designed to foster better public awareness, coordination and networking, predictability, capacity building, and contribution of IP industries to competitiveness and development. Actions: i. Fully implement the ASEAN IPR Action Plan , and the Work Plan for ASEAN Cooperation on Copyrights; ii. Establish an ASEAN filing system for design to facilitate filings by users and promote coordination among the IP Offices in ASEAN Member Countries, as receiving office, contingent upon the language requirements; iii. Accession to the Madrid Protocol, where possible; iv. Sustain consultations and information exchanges among national enforcement agencies in IPR protection; and v. Promote regional cooperation on Traditional Knowledge (TK), Genetic Resources (GR) and Cultural Traditional Expressions (CTE). B4. Infrastructure Development 46. Transport Cooperation. An efficient, secure and integrated transport network in ASEAN is vital for realising the full potential of the ASEAN Free Trade Area as well as in enhancing the attractiveness of the region as a single production, tourism and investment destination and narrowing development gaps. ASEAN transport is also critical in linking ASEAN with the neighbouring Northeast and South Asian countries. 47. Regional efforts have been made to enhance transport facilitation and logistics services, promote multimodal transport infrastructure linkages and connectivity, facilitate transport and tourism integration and further liberalise the air and maritime transport sectors. The enabling framework for the full liberalisation of air services in ASEAN shall be expeditiously implemented. 48. Multi-modal transport and transport facilitation. The ASEAN Transport Action Plan (ATAP) covers maritime, land and air transport, and transport facilitation. The Plan outlines 48 action measures. Actions: i. Implementation of the ASEAN Framework Agreement on the Facilitation of Goods in Transit by 2009; ii. Implementation of the ASEAN Framework Agreement on Multimodal Transport by 2010; and iii. Finalisation of the ASEAN Framework Agreement on the Facilitation of Inter-State Transport by 2008 for its implementation beginning Land transport. Priority is given to completion of the Singapore- Kunming Rail Link (SKRL) and the ASEAN Highway Network (AHN) projects. Actions: i. Complete the development of all the missing links in the Singapore-Kunming Rail Link; ii. Complete the implementation of the AHN projects, in particular, road construction / improvement of below Class III road (two narrow lanes with double bituminous treatment) sections of designated Transit Transport Routes (TTRs) of the AHN; and iii. Enhance road safety in ASEAN. 50. Maritime and air transport. Adopt the general principles and framework for an ASEAN Single Shipping Market and develop and implement the ASEAN Single Aviation Market. Actions: i. Implement relevant International Maritime Organisation (IMO) conventions; ii. Implement the Roadmap towards an Integrated and Competitive Maritime Transport in ASEAN; iii. Implement the ASEAN Open Sky Policy (Roadmap for Integration of the Air Travel Sector); and iv. Implement the ASEAN Single Aviation Market. 51. Information Infrastructure. A secure and connected information infrastructure is important for sustaining the region s economic growth and competitiveness. Efforts have been made to facilitate interconnectivity and technical interoperability among ICT systems, leveraging on existing national networks and evolving these into a regional information infrastructure. Equal emphasis has been given to improving trust and confidence in the use of the Internet and security of electronic transactions, payments and settlements. 52. Develop high-speed inter-connections among all national information infrastructures (NII). Actions: i. Facilitate high-speed connection among all national information infrastructure by 2010 and implement ICT measures as identified in the VAP; ii. Intensify capacity building and training programmes for national Computer Emergency Response Teams (CERTs) and strengthen its capacity, cooperation and the coverage of the region s cybersecurity network, including expanding the ASEAN CERT Incident Drills to include ASEAN s Dialogue Partners in 2007; iii. Encourage the participation of all stakeholders (people, communities, enterprises and public administrations) in utilisation and development of ICT applications and services on the regional information infrastructure; iv. Support sectoral ICT applications (initially in key sectors such as customs, logistics, transport, content industry) to improve their effectiveness and productivity; v. Expand the number of ASEAN countries participating in the ASEAN MRA for telecommunications equipment; and vi. Deepen regional policy and regulatory framework to deal with the opportunities and challenges in the area of Next Generation Networks, including the interoperability of products/services, information systems and networks in the convergence environment. 53. Energy Cooperation. Secure and reliable supply of energy including bio-fuel is crucial to support and sustain economic and industrial activities. Regional collaboration in the Trans-ASEAN Gas Pipeline (TAGP) and the ASEAN Power Grid (APG) Projects allows the optimisation of the region s energy resources for greater security. These projects also provide opportunities for private sector involvement in terms of investment, including financing, and technology transfer. Interconnected networks of electricity grids and gas pipelines offer significant benefits both in terms of security, flexibility and quality of energy supply.

32 Expedite the development of the ASEAN Power Grid (APG) and the Trans-ASEAN Gas Pipeline (TAGP). The APG involves 14 electricity interconnection projects and the TAGP, seven gas interconnection projects. Actions: i. Accelerate implementation of the APG and TAGP; ii. Promote greater involvement of private sectors in APG and TAGP; and iii. Finalise the ASEAN Petroleum Security Agreement to enhance oil and gas security in the region; 55. While ASEAN strive towards accelerating the establishment of an ASEAN Community by 2015, it is important to ensure that such development is sustainable through, among others, mitigating greenhouse gas emission by means of effective policies and measures, thus contributing to global climate change abatement. Recognising the limited global reserve of fossil energy and the unstable world prices of fuel oil, it is essential for ASEAN to emphasise the need to strengthen renewable energy development, such as bio-fuels, as well as to promote open trade, facilitation and cooperation in the renewable energy sector and related industries as well as investment in the requisite infrastructure for renewable energy development. 56. Mining cooperation. Enhance trade and investment and strengthen cooperation and capacity in geological and mineral sector for sustainable mineral development in the ASEAN region. Actions: i. Facilitate and enhance trade and investment in minerals; ii. Intensify institutional and human capacity building in ASEAN geological and mineral sector; iii. Promote environmentally and socially sustainable mineral development; and iv. Encourage the participation of the private sector in mineral development. 57. Financing of Infrastructure Projects. Financing is always recognised as an important contributor to economic growth. As ASEAN accelerates its economic integration efforts, greater investment will be needed particularly in the development of regional infrastructure. Putting in place innovative financing schemes to attract greater private sector involvement is thus important. Actions: i. Promote greater participation of private sectors and international organisations in financing regional infrastructure development such as the APG, TAGP, SKRL and ASEAN Highway Network; and ii. Remove or relax impediments to cross-border investment in/ financing of regional infrastructure projects. B5. Taxation 58. Actions: i. Complete the network of bilateral agreements on avoidance of double taxation among all Member Countries by 2010, to the extent possible. B6. E-Commerce 59. To lay the policy and legal infrastructure for electronic commerce and enable on-line trade in goods (e-commerce) within ASEAN through the implementation of the e-asean Framework Agreement and based on common reference frameworks. Actions: i. Adopt best practices in implementing telecommunications competition policies and fostering the preparation of domestic legislation on e-commerce; ii. Harmonise the legal infrastructure for electronic contracting and dispute resolution; iii. Develop and implement better practice guidelines for electronic contracting, guiding principles for online dispute resolution services, and mutual recognition framework for digital signatures in ASEAN; iv. Facilitate mutual recognition of digital signatures in ASEAN; v. Study and encourage the adoption of the best practices and guidelines of regulations and/or standards based on a common framework; and vi. Establish a networking forum between the businesses in ASEAN and its Dialogue Partners as a platform for promoting trade and investment. C. Equitable Economic Development C1. SME development 60. The ASEAN Policy Blueprint for SME Development (APBSD) outlines the framework for SME development in the ASEAN region. It comprises strategic work programmes, policy measures and indicative outputs. Its objectives are to: (a) Accelerate the pace of SME development, optimising on the diversities of ASEAN Member Countries; (b) Enhance the competitiveness and dynamism of ASEAN SMEs by facilitating their access to information, market, human resource development and skills, finance as well as technology; (c) Strengthen the resilience of ASEAN SMEs to better withstand adverse macroeconomic and financial difficulties, as well as the challenges of a more liberalised trading environment; and (d) Increase the contribution of SMEs to the overall economic growth and development of ASEAN as a region. Actions: i. Timely implementation of the ASEAN Policy Blueprint for SME Development (APBSD); ii. Promote networking of SMEs and their participation in the building of regional production and distributions networks; and iii. Promote best practices in SME development, including SME financing. C2. Initiative for ASEAN Integration (IAI) 61. Given the different levels of development among ASEAN Member Countries, there arises the need to ensure the deepening and broadening integration of ASEAN is accompanied by technical and development cooperation to address the development divide and accelerate the economic integration of the less developed ASEAN Member Countries so that the benefits of ASEAN integration are

33 21 shared and enjoyed by all ASEAN Member Countries. This would allow ASEAN Member Countries to move in a unified manner. 62. The Initiative for ASEAN Integration (IAI), launched in November 2000, gives the direction and sharpens the focus of collective efforts to narrow the development gap not only within ASEAN but between ASEAN and other parts of the world as well. The IAI currently covers the following priority areas, namely infrastructure, human resource development, information and communications technologies (ICT), capacity building for regional economic integration, energy, investment climate, tourism, poverty reduction and improvement in the quality of life. 63. Meeting the AEC challenge will require CLMV to develop policy to enhance economic growth, strengthen economic competitiveness, increase domestic and foreign direct investments, expand private sector enterprises while meeting its public goals. Actions: i. Enhance the IAI to serve as the platform for identifying and implementing technical assistance and capacity building programmes for both public and private sectors in ASEAN Member Countries, in particular, CLMV and the other sub-regional arrangements such as the IMT-GT and the BIMP-EAGA within ASEAN to allow them to be equal partners in the development of regional production and distribution networks; ii. ASEAN-6 to continue its support for IAI programmes; iii. Garner sufficient support from dialogue partners and international organisations such as the Asian Development Bank and the World Bank for effective implementation of the IAI programmes; iv. Build/strengthen capacity of government officials to develop/ implement economic and social policies that would mitigate the effects of economic integration; and v. Conduct periodic socio-economic studies to monitor/evaluate the impact of economic integration. D. Integration into the Global Economy 64. ASEAN operates in an increasingly global environment, with interdependent markets and globalised industries. In order to enable ASEAN businesses to compete internationally, to make ASEAN a more dynamic and stronger segment of the global supply chain and to ensure that the internal market remains attractive for foreign investment, it is crucial for ASEAN to look beyond the borders of AEC. External rules and regulations must increasingly be taken into account when developing policies related to AEC. D1. Coherent Approach towards External Economic Relations 65. ASEAN shall work towards maintaining ASEAN Centrality in its external economic relations, including, but not limited to, its negotiations for free trade (FTAs) and comprehensive economic partnership (CEPs) agreements. This shall be done by: Actions: i. Review FTA/CEP commitments vis-à-vis ASEAN s internal integration commitments; and ii. Establish a system for enhanced coordination, and possibly arriving at common approaches and/or positions in ASEAN s external economic relations and in regional and multilateral fora. D2. Enhanced participation in global supply networks 66. ASEAN shall also enhance participation in global supply networks by: Actions: i. Continuing the adoption of international best practices and standards in production and distribution, where possible; and ii. Developing a comprehensive package of technical assistance for the less developed ASEAN Member Countries to upgrade their industrial capability and productivity to enhance their participation in regional and global integration initiatives. III. IMPLEMENTATION 67. A strategic schedule that includes key milestones for a comprehensive and deeper economic integration shall form an integral part of this Blueprint. Consultations have been made with relevant bodies/stakeholders to invite their inputs and coordinating conferences were held to jointly review the Blueprint and its strategic schedule among all stakeholders to ensure consistency of the above measures, programmes and milestones across sectors and promote greater sense of ownership of the Blueprint. 68. Relevant ASEAN sectoral bodies will coordinate the implementation of the above programmes and measures while relevant government agencies will be responsible for overseeing the implementation and preparation of more detailed action plans at the national level. Partnership arrangements with the private sector, industry associations and the wider community at the regional and national levels will also be actively sought where required to ensure participation of all stakeholders in the integration process. 69. For the successful implementation of these programmes and measures, the necessary institutions or mechanisms, resources, capacity and political will be accorded to the Community building process. A. Implementation Mechanism 70. Relevant sectoral Ministerial bodies shall be responsible for the implementation of the Blueprint and monitoring of commitments under their respective purview. The ASEAN Economic Ministers (AEM), as the Ministers-in-Charge of Economic Integration in the Council of ASEAN Economic Community, shall be accountable for the overall implementation of the Blueprint. 71. To allow for effective implementation of the Blueprint, the following measures on charting strategic directions and coordination shall be implemented. Actions: i. The HLTF shall provide strategic inputs to the AEM on issues affecting the timely implementation of the Blueprint; ii. Undertake regular consultations with various sectoral bodies to discuss and elicit feedback on implementation issues of the Blueprint; and iii. The Secretary-General of ASEAN shall report the progress of AEC to relevant ministerial meetings and the Summit.

34 In enhancing the implementation arrangements and streamlining the decision-making process of all ASEAN economic initiatives identified in the Blueprint and beyond, the following measures are recommended: i. Promote transparency and improve the operation of notification procedures under all ASEAN economic agreements through the Protocol on Notification Procedures; ii. Ratification of ASEAN legal instruments shall be made within six months of signing; iii. Decision-making process by economic bodies to be made by consensus, and where there is no consensus, ASEAN to consider other options with the objective of expediting the decisionmaking process; iv. Utilise the Enhanced Dispute Settlement Mechanism (DSM) to promote a rules-based community; v. The ASEAN Minus X formula can be invoked to accelerate the implementation of agreed economic initiatives; and vi. Flexibility should be accorded in the implementation of AEC, which shall be pre-agreed and not delay the overall progress and implementation of the AEC. 73. Progress in the implementation of the above programmes and measures for AEC building by Member Countries needs to be monitored, reviewed and disseminated to all stakeholders. The ASEAN Secretariat shall review and monitor compliance of implementing the Blueprint. Action: i. Develop and maintain a set of statistical indicators, including an integrated tariff and trade data database system, address harmonisation of statistics and data quality issues, and the AEC scorecards, to monitor and assess the progress of implementation of each element of the AEC. vi. Strengthen the research capabilities and human capital development of each ASEAN Member Country; and vii. Establish appropriate capacity building programmes to assist newer member countries to enhance the development and regulatory frameworks of their financial markets. C. Communications 76. Success of building the AEC requires involvement by all stakeholders in the integration process. In addition to involving all stakeholders in the formulation of the Blueprint, a good communications programme is required to create greater public awareness of the AEC in all ASEAN countries as well as to keep all stakeholders, including the business communities and people of ASEAN, informed of the progress of this community building. Actions: i. Launch a comprehensive communications plan to explain to the government officials, key stakeholders and the general public the objectives, benefits and challenges of the AEC; ii. Develop a regional platform for open discussion and sharing information in implementing the ASEAN Economic Community; iii. Member Countries shall set up a mechanism at the national level to regularly report the outcome and issues of the integration process; and iv. D. Review Create an AEC communications website that would provide an additional channel to reach communities at large, where stakeholders can provide feedback and respond to ASEAN economic initiatives. 77. The AEC Blueprint shall be reviewed periodically taking into account dynamic regional and global developments. 74. For the financial sector, i. Establish an appropriate implementation mechanism in the form of regular progress reports to the Leaders. B. Resources 75. Research and capacity building support is to be mobilised from various facilities. Actions: i. The ASEAN Development Fund, with contributions from Member Countries, will be a vehicle to draw resources from other ASEAN and non-asean sources; ii. Identify and implement technical studies or training programmes on issues, areas or topics where analytical as well as capacity building support are needed to facilitate the implementation of the AEC Blueprint; iii. Translate milestones and targets of the AEC Blueprint into national milestones and targets and incorporate them in their national development plans; iv. Promote the participation of the ADB, World Bank/IFC, dialogue or trading partners and the private sector in the development of regional infrastructure projects; v. Strengthen the research and planning capabilities of the ASEAN Secretariat in areas relevant to the AEC;

35 23 STRATEGIC SCHEDULE FOR ASEAN ECONOMIC COMMUNITY Strategic Approach A. Towards a Single Market and Production Base A1. Free Flows of Goods Priority Actions Common Effective Preferential Tariffs- ASEAN Free Trade Area (CEPT-AFTA) Tariff Reduction Elimination of Tariff Enhance CEPT Agreement (2008) Complete the tariff reduction schedule to 0-5% for all IL products for Laos and Myanmar (2008) 1 Integrate products outside the CEPT Scheme in accordance to the CEPT Agreement (2008); Eliminate import duties on 60% of all IL products except for those phased in from SL and HSL for Laos and Myanmar (2008); 2 Complete the tariff reduction schedule to 0-5% for all IL products for Cambodia (2010) 1 Eliminate import duties on 60% of all IL products except for those phased in from SL and HSL for Cambodia (2010); Eliminate import duties on 80% of all IL products except for those phased in from SL and HSL for ASEAN 6 (2007); Eliminate import duties on 80% of all IL products except for those phased in from SL and HSL for Viet Nam (2010); Eliminate import duties on 80% of all IL products except for those phased in from SL and HSL for Laos and Myanmar (2012); Eliminate tariffs on all products, exept for those phased in from the SL and HSL, for ASEAN 6 (2010); Eliminate tariffs on all products, except for those phased in from the SL and HSL, for CLMV 2015 with flexibility on some sensitive products up to 2018 Eliminate import duties on products in the PIS for ASEAN-6 (2007); Eliminate import duties on products in the PIS for CLMV (2012); 1 ASEAN-6 and Viet Nam have completed their tariff reduction schedule in 2003 and 2006 respectively 2 ASEAN-6 and Viet Nam have reached their 60% tariff elimination in 2003 and 2006 respectively.

36 24 Strategic Approach Priority Actions Elimination of duties for 1 st and 2 nd tranche of ICT products for CLMV in accordance to the Framework Agreement on e- ASEAN (2008 for the 1 st tranche ICT productc and 2009 for the 2 nd tranche ICT products); 3 Elimination of duties for the 3rd tranche ICT products for CLMV in accordance to the Framework Agreement on e- ASEAN (2010) 3 Reduce tariffs on Sensitive List (SL) products to 0-5% for ASEAN-6 (2010) Complete the tariff reduction schedule for Highly Sensitive List (HSL) to the agreed end-rate Reduce tariff on Sensitive List (SL) products to 0-5% for Viet Nam (2013). In the case of sugar Viet Nam shall reduce the tariff to 0-5% by 2010; Complete phase in of the remaining products in the Sensitive List (SL) into the CEPT Scheme and reduce tariffs on these products to 0-5% (2015-Lao PDR and Myanmar; Cambodia) Elimination of Non- Tariff Barriers Abide by the commitment of a standstill and roll-back on NTBs, effective immediately; Enhance transparency by abiding to the Protocol on Notification Procedure and setting up an effective Surveillance Mechanism; Eliminate NTBs for ASEAN 5 (2010) Eliminate NTBs for the Philippines (2012) Eliminate NTBs for CLMV (2015) with flexibility to 2018 for some sensitive products 3 ASEAN-6 has completed its tariff reduction for all ICT products in 2005

37 25 Strategic Approach Rules of Origin Priority Actions Continously reform and enhance the CEPT ROO to respond to changes in global production processes, including making necessary adjusments such as the introduction of advance rullings and improvements to the ROO (2007); Simplify the Operational Certification Procedures for the CEPT ROO and ensure its continous enhancement, including the introduction of facilitative processes such as the electronic processing of certificates of origin, and harmonisation or alignment of national procedures to the extend possible (2007); and Review all the ROO implemented by ASEAN Member Countries, individually and collectively, and explore possible cumulation mechanisms, where possible Trade Facilitation Work Programme Finalisation of the Comprehensive Work Programme on Trade Facilitation Assessment of Trade Facilitation conditions in ASEAN Establish Regional Trade Facilitation mechanism Promote transparency adn visibility of all actions and interventions by all stakeholders within international trade transactions. Promote transparency and visibility of all actions and interventions by all stakeholder within international trade transactions. Simplified harmonised and standardised trade and custom processes, procedures and related information flows to move goods and associated services internationally from seller to buyer, and to pass payment in opposite direction

38 26 Strategic Approach Priority Actions Establish ASEAN Trade Facilitation Repository ASEAN Criteria for authorised traders Customs integration Strategic Plan of Customs Development Integrate customs structures. Modernise customs techniques, guided by simple and harmonised customs procedures and formalities through the implementation of regional models of processing of cargoes and shipments (ASEAN Cargo Processing Model and ASEAN Customs Declaration Document in 2007 as committed). Establish ASEAN Customs Transit system to facilitate movement of goods and means of transport. Establish ASEAN Customs systems dealing with special customs regimes such as Temporary Admission, Outward Processing and Inward Processing with the view to facilitate integration of production and supply chains. Modernise tariff classification, customs valuation and origin determination and establish ASEAN e- Customs.

39 27 Strategic Approach Priority Actions Adopt international standards and practices to secure a uniform system of tariff classification, a synchronised system of value assessment for customs purposes and a harmonised system of origin determination (origin conferring), and information exchange, where possible. Smoothen customs clearance Strengthen human resources development Implement ASEAN e- Customs. Promote mutual assistance for better customs efficiency and effectiveness. ASEAN Single Window Brunei Darussalam, Indonesia, Malaysia, Philippines, Singapore and Thailand operationalise their National Single Windows by ASEAN-4 (Cambodia, Lao PDR, Myanmar and Viet Nam) operationalise their National Single Windows no later than Implementation of measures of simplifying, harmonising and standardising trade and customs, processes, procedures.

40 28 Strategic Approach Priority Actions Standardisation of data elements based on WCO data model, the WCO data set and United Nation Trade Data Directory (UNTDED) and acceleration of introduction of information, communication and technology (ICT) for digitalised processing and exchange. Application of ICT in all areas related to trade facilitation and customs management are paramount in the ultimate creation of an ASEAN Single Window. Standards and Conformance Implement a Single Regulatory Scheme for Cosmetic Monitor the implementation of the Single Regulatory Scheme for Cosmetics Continue to monitor the effective implementation of the ASEAN Sectoral MRA on Electrical and Electronic Equipment (EEE) Prepare for the implementation of a single regulatory regime for electrical and electronic equipment The listed Conformity Assessment Bodies under the Sectoral MRAs will be utilised to implement the single regulatory regime for EEE Implement a single regulatory regime for EEE Monitor the implementation of the single regulatory regime for EEE Implement the ASEAN Common Technical Dossiers (ACTD) for Pharmaceutical and Medical Device. Monitor the implementation of the ACTD Strengthen competency and confidence amongst regulatory authorities in evaluation process Implement harmonised technical requirements for TMHS for identified areas in all Member Countries

41 29 Strategic Approach Priority Actions Monitor the effective implementation of the Sectoral MRA on GMP Inspection for Pharmaceutical Implement harmonised standards and technical regulations Implement the ASEAN Common Submission Dossier Template (CSDT) for Medical Device Develop an ASEAN Module for Traditional Medicine and Health Supplement (TMHS) and identify areas for harmonisation of technical requirements Sign and prepare for the implementation an ASEAN Sectoral MRA on Good Manufacturing Practice (GMP) Inspection for Pharmaceutical Establish and implement Post Market Alert Systems for various Sectors Identify and harmonise more standards and technical regulations for other sectors such as wood-based, rubber-based and automotive etc. Monitor the implementation of the CSTD Strengthen competency and confidence amongst regulatory authorities in evaluation process Harmonise the technical requirements on TMHS for identified areas Implement the Sectoral MRA on GMP Inspection for Pharmaceutical Monitor the effective implementation of the Post Marketing Alert System for various sectors Continue to harmonise standards and technical regulations for identified sectors

42 30 Strategic Approach A2. Free Flows of Services Priority Actions Continue to enhance Technical Infrastructure: more testing laboratories and certification bodies to be accredited to relevant international standards and Post Market Surveillance to be strengthened Services Liberalisation under AFAS 4 Remove substantially all restrictions on trade in services for the 4 priority services sectors (2010) Remove subtantially all restrictions on trade in services for logistics services by Remove substantially all restrictions on trade in services for all other services sectors by Schedule at least 10 new sub-sectors (2008) Schedule at least 15 new sub-sectors (2010) Schedule at least 20 new sub-sectors (2012) Schedule at least 20 (2014) and 7 (2015) new sub-sectors. No restrictions for Modes 1 and 2, with exeptions due to bona fide regulatory reasons (2008) At least 51% foreign equity participation for the 4 priority services sectors, (2008) At least 70% foreign equity participation for the 4 priority service sectors, (2010) At least 49% foreign equity participation for logistics services, (2008) At least 51% foreign equity participation for logistics services, (2010) At least 70% foreign equity participation for logistics services, (2013) At least 49% foreign equity participation for other services sectors, (2008). At least 51% foreign equity participation for other services sectors, (2010). At least 70% foreign equity participation for all services sectors, (2015) Progressively remove market access limitations for Mode 3 as endorsed by the AEM. Complete the compilation of an inventory of barriers to services by August The approaches shall be subject to flexibility as provided in the Blueprint

43 31 Strategic Approach Priority Actions Set the parameters of liberalisation for national treatment limitations, Mode 4 and limitations in the horizontal commitments for each round (2009) Schedule commitments according to agreed parameters for national treatment limitations, Mode 4 and limitations in the horizontal commitments set in Mutual Recognition Arrangements (MRAs) Complete MRAs currently under negotiation, i.e. architectural services, accountancy services, surveying qualifications, medical practitioners, and dental practitioners (2008). Identify and develop MRAs for other professional services by 2012 Full implementation of completed MRAs (2015). Implement the completed MRAs Financial Services Sector Develop the list of pre-agreed flexibilities that can be maintained by each member country for the subsectors identified for liberalisation by 2015 Agree on the list of pre-agreed flexibilities that can be maintained by each member country for the subsectors identified for liberalisation by 2015 Develop the list of pre-agreed flexibilities that can be maintained by each member country from 2020 Substantially remove 5 restrictions for the Insurance, Banking and Capital Market sub-sectors by 2015 as identified by member countries in Annex 1. By 2017, agree on the list of preagreed flexibilities that can be maintained by each member country from 2020 Substantially remove 6 restrictions on trade in services for all remaining sectors A3. Free Flows of Investment ASEAN Investment Agreement (AIA) Discuss, negotiate and draft the new ASEAN Comprehensive Investment Agreement (ACIA). Finalise the ACIA to be submitted to the 11 th AIA Council. 5 Members may maintain restrictions as negotiated and agreed in the list of pre-agreed flexibilities for Members may maintain restrictions as negotiated and agreed in the list of pre-agreed flexibilities for 2020.

44 32 Strategic Approach Priority Actions Liberalisation Commence Phase I of the progressive reduction/elimination of investment restrictions and impediments in Complete Phase I of the progressive reduction/ elimination of investment restrictions and impediments for eight (8) ASEAN Member Countries in 2010 and for ASEAN 2 (Lao PDR and Myanmar) in Complete Phase II of the progressive reduction/ elimination of investment restrictions and impediments for eight (8) ASEAN Member Countries in 2012 and ASEAN 2 (Lao PDR and Myanmar) in Complete the Final Phase of the progressive reduction/ elimination of investment restrictions and impediments foreight (8) ASEAN Member Countries in 2014 and ASEAN 2 (Lao PDR and Myanmar) in Realise free and open investment regime with minimal investment restrictions in Achieve the harmonisation of investment measures to facilitate movement of investments. Commence Phase II of the progressive reduction/ elimination of investment restrictions and impediments for eight (8) ASEAN Member Countries in 2010 and for ASEAN 2 (Lao PDR and Myanmar) in 2011 Commence the Final Phase of the progressive elimination of investment restrictions and impediments for eight (8) ASEAN Member Countries in 2012 and for ASEAN 2 (Lao PDR and Myanmar) in 2013 Facilitation Identify international best practices on investment measures for possible adoption by ASEAN. Commence the adoption of applicable international best practices on investment measures Review and assess the impact and effectiveness of the investment measures adopted. Review and assess the impact and effectiveness of the investment measures adopted. Review and recommend applicable international best practices for adoption by ASEAN. Continue efforts to adopt applicable international best practices on investment measures. Achieve the harmonisation of selected investment measures to facilitate movement of investment.

45 33 Strategic Approach Priority Actions Publish and disseminate ASEAN Investment Publications: Publish and disseminate ASEAN Investment Publications: Publish and disseminate ASEAN Investment Publications: Publish and disseminate ASEAN Investment Publications: - ASEAN Investment Report (AIR); - Statistics of FDI in ASEAN; - Compendium on Investment Measures and Policies in ASEAN (Investing in ASEAN Guidebook: An Update) - Update Investment Brochure; and - Brochure on Outsourcing Activities / Opportunities in ASEAN - ASEAN Investment Report (AIR); - Statistics of FDI in ASEAN; - Foreign Investors Living in ASEAN; - Directory on Logistics in ASEAN; and - Development and Promotion of New Growth Areas including Environmental Friendly Industries - ASEAN Investment Report (AIR); - Statistics of FDI in ASEAN; - Facts and Figures of Doing Business in ASEAN (an update). - ASEAN Investment Report (AIR); - Statistics of FDI in ASEAN; - Directory on Electronics; - Directory on Component Manufacturers Identify and promote investment opportunities for infrastructure in CLMV countries. Link website on investment between ASEAN and Dialogue Partners. Develop ASEAN Investment Promotion Video to build up image/brand of ASEAN. Undertake consultation with business sector to facilitate investment in ASEAN. Complete FDI database covering goods and services sector. Undertake consultation with business sector to facilitate investment in ASEAN. Undertake consultation with business sector to facilitate investment in ASEAN. Enhance networking among ASEAN Investment Promotion Agencies. Organise discussions on key issues of FDI. Undertake consultation with business sector to facilitate investment in ASEAN. Establish database on Industrial Cluster. Promotion Organise two inbound and two outbound investment missions. Organise two inbound and two outbound investment missions. Organise two inbound and two outbound investment missions annually. Organise two inbound and two outbound investment missions. Continue series of ASEAN investment seminars on opportunities in CLMV countries to be hosted by ASEAN-6. Promote regional clusters and production network through ASEAN industrial cooperation initiatives Promote regional clusters and production network through ASEAN industrial cooperation initiatives

46 34 Strategic Approach Priority Actions Protection A4. Freer Flows of Capital Organise seminar on investment protection and settlement of investment disputes Organise seminar on investment protection and settlement of investment disputes Strengthening ASEAN Capital Market Development and Integration Allowing greater capital mobility Achieve greater harmonisation in capital market standards in ASEAN in the areas of offering rules for debt securities, disclosure requirements and distribution rules Facilitate mutual recognition arrangement or agreement for the cross recognition of qualification and education and experience of market professionals Achieve greater flexibility in language and governing law requirements for securities issuance Enhance withholding tax structure, where possible, to promote the broadening of investor base in ASEAN debt issuance The liberalisation of capital movements is to be guided by the following principles: 1. Ensuring an orderly capital account liberalisation consistent with member countries national agenda and readiness of the economy. 2. Allowing adequate safeguards against potential macroeconomic instability and systemic risk that may arise from the liberalisation process, including the right to adopt necessary measures to ensure macroeconomic stability. 3. Ensuring the benefits of liberalisation to be shared by all ASEAN countries. Foreign Direct Investment Assess and identify rules for liberalisation for freer flows of foreign direct investments which include: - Direct outward investment - Direct inward investment - Liquidation of direct investment Progressively liberalise, where appropriate and possible, the pre identified list of rules for freer flow of foreign direct investments Continue to liberalise, where appropriate and possible, any other items related to - Foreign direct investment - Portfolio investments - Other types of capital flows To support FDI and to promote capital market development

47 35 Strategic Approach Priority Actions Portfolio Investment : Assess and identify rules for liberalisation for freer flows of portfolio investments, particularly in debts and equity, which include: - Purchase of domestic debt securities and equity by nonresidents - Issuance of debt securities and equity by nonresidents locally - Repatriation of proceeds arising from portfolio investments - Issuance and/or sale of debt securities and equity abroad by residents - Purchase of debt securities and equity abroad by residents : Progressively liberalise, where appropriate and possible, the rules identified for freer flow of portfolio investments Other Types of Flows : Assess and identify rules for liberalisation of other types of flows, particularly long-term foreign borrowing and lending Progressively liberalise, where appropriate and possible, the rules identified for other types of flows, particularly long-term foreign borrowing and lending

48 36 Strategic Approach Priority Actions Current Account Transactions Develop financial market to eliminate, where applicable, the practice of dual exchange rate structure. Further develop financial market to eliminate, where applicable, the practice of dual exchange rate structure. Remove and/or relax, where appropriate and possible, restrictions on repatriation/surrender requirement Continue to. liberalise, where appropriate and possible, any other items related to current account transactions Relax the limitation on foreign exchange purchase and other payments for invisible transactions and current transfers Adopt Article VIII IMF by ASEAN countries by 2011 Facilitation A5. Free Flows of Skilled Labour Draft/amend legal and regulatory framework, where appropriate and possible, to support changes in rules Strengthen policy dialogue on prudential regulation and supervision, to assist member countries develop a supportive regulatory framework for orderly liberalisation Establish/enhance systems to monitor flows in each member country Country collaboration to harmonise, where possible, policies, statistics and infrastructure related to flows Share with member countries progress on rules liberalised Complete MRAs for major professional services, including PIS services sectors by 2008 Develop core competencies (concordance of skills and qualifications) for job/ occupational skills required in the priority services sectors by 2009 Develop core competencies (concordance of skills and qualifications) for job/occupational skills required in all services sectors by 2015

49 37 Strategic Approach A6. Priority Integration Sectors Priority Actions Conduct a bi-annual review to monitoring the status, progress and effectiveness of PIS roadmaps amongst ASEAN Member Countries Identify sector-specific projects or initiatives with Country Coordinators through regular dialogues or consultation with stakeholders, particularly the private sector Complete most of the measures identified under the roadmap of original 11 priority integration sectors Complete most of the measures identified under the roadmap for integration of logistics servicess A7. Food, Agriculture and Forestry Enhance intra- and extra-asean trade and long-term competitiveness of ASEAN s food, agriculture and forestry products/ commodities. Develop and apply fisheries quality management system that ensure food safety and support competitive position of ASEAN fisheries products on world markets through the implementation, validation verification of Hazard Analysis Critical Control Point (HACCP)- based systems and improved laboratories practices, and adapting quality and safety management systems so that they may be applied to small enterprises in ASEAN by 2009

50 38 Strategic Approach Priority Actions Harmonise the Maximum Residue Limits (MRLs) of commonly used pesticides for widely traded crop products in accordance with international standards/guidelines, where applicable, by 2010 Harmonise the quarantine and inspection/sampling procedure by 2010 Establish Good Agriculture / Aquaculture Practices (GAP), Good Animal Husbandry Practices (GAHP), Good Hygiene Practices (GHP), Good Manufacturing Practices (GMP), and Hazard Analysis Critical Control Point (HACCP) based systems; for agricultural and food products with significant trade / trade potential by Sanitary and Phytosanitary (SPS) measures for agricultural, food and forestry products with significant trade / trade potential by 2015 Harmonise the regulatory framework for agricultural products derived from modern biotechnology by 2015 Harmonise the safety and quality standards for horticultural produce and agricultural products of economic importance in the ASEAN region by 2015

51 39 Strategic Approach Priority Actions Harmonise guidelines for the use of chemicals in aquaculture and measures to eliminate the use of harmful chemicals by Harmonise the animal (both terrestrial and aquatic animals) health control for safety of food of animal origin through a common bio-security management standards scheme by 2015 Define legality standard of timber by Finalised draft Guideline on Phasedapproach to Forest Certification by Field testing on the Implementation of the Guideline by Capacity building activities for the implementation of the Guideline at national level during Develop a regional reference framework on phasedapproach to forest certification by 2015 Promote cooperation, joint approaches and technology transfer with international, regional organisations and private sector Develop joint strategies / positions on issues of related interest to ASEAN with international organisations such as WTO, FAO, OIE, IPPC, CODEX, CITES and dialogue partners Promote collaborative research and technology transfer in agriculture, food and forestry products Establish strategic alliances and joint approaches with the private sectors in promoting food safety, investment and joint venture opportunities, promotion of agricultural products and market access Strengthen efforts to combat illegal logging and its associated trade, forest fire and its resultant effects Strengthen efforts to combat illegal fishing

52 40 Strategic Approach Priority Actions Promote ASEAN agricultural cooperatives as a means to empower and enhance market access of agricultural products, to build a network mechanism linking agricultural cooperatives, and to fulfil the purpose of agricultural cooperatives for the benefit of farmers in the region Strengthen strategic alliance between agricultural cooperatives in ASEAN through bilateral, regional and multilateral cooperation Establish business linkages among the potential agricultural cooperatives within ASEAN Promote direct investment and strategic partnership with ASEAN agricultural cooperatives producers, consumers, and traders B. Towards a Highly Competitive Economic Region B1. Competition Policy Building capacity and introduction and/or adoption of best practices for introducing competition policy Carrying out a foundation-laying study, review of study findings and recommendations, and convening a regional meeting on study findings and recommendations. Drawing up a regional work plan on Competition Policy and Law with special focus: capacity building and the introduction of best practices for introducing competition policy. Exploring funding opportunities for the implementation of selected elements of the work plan in line with the strategic schedules of AEC building.

53 41 Strategic Approach B3. Intellectual Property Rights Priority Actions Intellectual Property Rights Action Plan Studies to be carried out on: One, the contribution of the copyright system to the economic development. Two, the implications of copyright system to the economy. Three, the best utilisation by various countries of flexibilities (limitations and exemptions) available from various IP agreements including the FTAs. Completion of studies carried out in collaboration with dialogue partners and follow-up activities To set a common goal to be attained so as to facilitate the development of copyright-based industries in ASEAN Member Countries To enhance the competitiveness of copyright industries in the economies of the ASEAN region To develop online access to copyright notifications, where available Outcome: Effective use of copyright system Establishment of collective management societies in all ASEAN countries Four, collective management societies and copyright tribunals. Collecting of country reports on business development services (BDS) Formation of national and regional on-line BDS networks Operation of national and regional on-line BDS networks Evaluate the use of the regional online BDS network. Outcome: An improved ASEAN BDS network Capacity building in collaboration with dialogue partners and among AMCs. Agreement on a suitable model Amendment of laws and procedures in each AMC Capacity building for IPO officers in AMCs Implementation of the ASEAN filing system for design Study on the impact of accession to Madrid Protocol Amendments of laws and regulations for accession, as needed. Implementation of the Madrid Protocol On-going consultations and information exchanges on IPR protection among national enforcement agencies Identification of national TK, GR and CTE and collecting inventory Identification of national TK, GR and CTE and collecting inventory Capacity building Establishment of national and regional database on TK, GR and CTE

54 42 Strategic Approach B4. Infrastructure Development Transport Action Plan. - Singapore-Kunming Rail Link (SKRL) Priority Actions Completion of Poipet- Sisophon Rail Link (2009) Road Safety Requirements Implementation of the ASEAN five-year Regional Road Safety Action Plan. Member Countries to develop ASEAN standard measures for road safety. ASEAN Framework Agreement on Multimodal Transport Member Countries have enacted necessary domestic legislations to put into effect the ASEAN Framework Agreement on Multimodal Transport (i.e. to allow Multimodal Transport Operators from other AMCs to operate in their respective territory.) At least two Member Countries implementing the ASEAN Framework Agreement on Multimodal Transport. ASEAN-wide implementation of the ASEAN Framework Agreement on Multimodal Transport ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGIT) Implement the ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGIT) for Road Transport Operations contingent on the speedy conclusion of Protocol 2 (Frontier Ports) and Protocol 7 (Customs Transit). Completion of road construction / improvement of below Class III road sections of the designated Transit Transport Routes of Protocol 1 of the ASEAN Highway Network, i.e., Poipet Sisophon (48km) and Kratie Stung Treng (198km). Conclude and sign Protocol 6 (Railway Borders and Interchange Stations) of the ASEAN FAGIT. Installation of the harmonised Route Numbering signs in the designated Transit Transport Routes (TTRs) under Protocol 1 of the ASEAN Framework Agreement on Facilitation of Goods in Transit. Full implementation of the ASEAN Framework Agreement on the Facilitation of Goods in Transit (for Road and Rail Transport Operations)

55 43 Strategic Approach Priority Actions ASEAN Framework Agreement on the Facilitation of Inter- State Transport (FAIST) Conclude and adopt final text of the ASEAN Framework Agreement on the Facilitation of Inter- State Transport (FAIST) Start implementation of the ASEAN Framework Agreement on the Facilitation of Inter- State Transport (2010) Full implementation of the ASEAN Framework Agreement on the Facilitation of Inter- State Transport Conclude and sign the ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services (2008) Implementation of ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services (in accordance with the Air Travel Roadmap) Roadmaps for Integration of Air Travel Sector (RIATS) Implement the ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services (2008) Conclude and sign ASEAN Multilateral Agreement on the Full Liberalisation of Air Services (2008) Implement the ASEAN Multilateral Agreement on Air Services (in accordance with the Air Travel Roadmap) Adopt concept and enabling framework for ASEAN Single Aviation Market to pave way for the regional open-sky arrangement (2008) Implement the ASEAN Multilateral Agreement on Air Services (in accordance with the Air Travel Roadmap) Finalise the implementation arrangement / agreement on the ASEAN Single Aviation Market by ASEAN-wide implementation of the ASEAN Multilateral Agreement on Air Services (in accordance with the Air Travel Roadmap) Implement the ASEAN Single Aviation agreement / arrangement. Develop the implementation arrangement / agreement on the ASEAN Single Aviation Market (which will be implemented by 2015). ASEAN-wide Implementation of the ASEAN Single Aviation agreement / arrangement. Roadmap towards an Integrated and Competitive Maritime Transport in ASEAN, which promotes and strengthens intra- ASEAN shipping market and services. Develop strategies for a ASEAN Single Shipping Market Implement the Maritime Transport Roadmap Implement the Maritime Transport Roadmap Review the Maritime Transport Roadmap for the next 3-5 years.

56 44 Strategic Approach Priority Actions Information Infrastructure - Brunei Plan Action of ICT - ICT Focus Implement the ASEAN Telecommunications Regulators Council (ATRC) Mutual Recognition Arrangement (MRA) on conformity assessment for telecommunication equipment ASEAN-wide implementation of the ASEAN MRA on conformity assessment for telecommunication equipment Promote and deepen policy and regulatory measures to deal with the opportunities and challenges in the area of Next Generation Networks (including issue on broadband penetration and communications in rural areas, etc) Implement regional measures to extend connectivity, capacity and access in and between member countries via high speed network between national information infrastructures Enable the interoperability of products/ services, information systems and networks, in a convergence environment. Develop a general framework or guidelines for coordinated ASEAN e-government programs for efficient delivery of public services, and to facilitate regional trade, investment and other business activities. To activate the ASEAN e-government Forum, among others, to identify key public services for ICT applications, including capacity building activities

57 45 Strategic Approach Content Industry Energy Cooperation ASEAN Power Grid Priority Actions Intensify capacity building and training for national Computer Emergency Response Teams (CERTs) and strengthen cooperation and coverage of ASEAN regional cybersecurity network. Develop an action plan for MRA and/or Certification of ICT professionals in ASEAN Develop action plan for developing ASEAN contents, web services and online application industries. Ratify/Accept MOU on ASEAN Power Grid (by December 2008) Ratify/Accept MOU on ASEAN Power Grid (by December 2008) Review the 2003 AIMS (by December 2008) Adopt the revised AIMS as an updated reference document (by May 2009) Establish APGCC (by May 2008) Approve the TOR (by December 2008) Report the TOR to SOME/AMEM (by July 2009) Establish task-groups for relevant studies (by May 2009) Implement interconnection projects and report progress to HAPUA Council and SOME/ AMEM ( ) Adopt key findings & recommendation of the study and submit to SOME/AMEM (by 2014)

58 46 Strategic Approach Priority Actions Firm up the institutional and implementing arrangements to realize the APG (starting 2015) Trans-ASEAN Gas Pipeline Adopt the Updated TAGP Conceptual Master Plan Adopt legal and regulatory framework for crossborder gas pipeline transportation Formation of model ASEAN Joint Venture (JV) Gas Pipeline Company Adopt common technical standards for construction, operation and maintenance of ASEAN gas pipeline projects Adopt business model for ASEAN gas pipeline ownership and operation Develop and implement regional safety and security plan for TAGP pipelines and facilities Optimise Trans- ASEAN Gas Pipelines B5. Taxation Complete the network of bilateral agreements on avoidance of double taxation among all Member Countries by 2010, to the extent possible B6. E-Commerce Member Countries to enact their e- commerce laws Update and/or amend relevant legislations in line with regional best practices and regulations in e- Commerce activities A harmonised legal infrastructure for E- Commerce fully in place in ASEAN Implement harmonised guidelines and principles for electronic contracting and online dispute resolution services Adopt the best practices/ guidelines on other cyber-law issues (i.e. data privacy, consumer protection, IPR, ISP liability, etc) to support the regional e- commerce activities. Adopt regional framework and strategy for the mutual recognition of digital signatures Advancing crossborder electronic transactions, through pilot implementation of mutual recognition of foreign digital signatures

59 47 Strategic Approach Priority Actions Continued capacity building and information sharing for Member Countries on E-Commerce legal infrastructure activities (e.g. PKI, institutional strengthening for CAs, etc) C. Towards a Region of Equitable Economic Development C1. SME Development ASEAN Policy Blueprint for SME Development Established a common curriculum for entrepreneurship in ASEAN Established a comprehensive SME service centre with regional and subregional linkages in ASEAN Member Countries Established an SME financial facility in each ASEAN Member Country Established a regional programme for the promotion of internship scheme for staff exchanges and visits for skills training Established a regional SME development fund that would be used as a financial source for SMEs that are undertaking business in the ASEAN region C2. Initiatives for ASEAN Integration (IAI) Conduct periodic socio-economic studies to monitor/ evaluate the impact of economic integration Build/strengthen capacity of government officials to develop/implement economic and social policies that would mitigate the effects of economic integration D. Towards Full Integration into the Global Economy D1. Coherent Approach towards External Economic Relations and Enhanced Participation in Global Supply Networks Review FTA/CEP commitments vis-à-vis ASEAN s internal integration commitments Establish a system for enhanced coordination, and possibly arriving at common approaches and/or positions in ASEAN s external economic relations and in regional and multilateral fora.

60 48 Strategic Approach Priority Actions Compilation of international best practices and standards in production and distribution Published a handbook (guide book) on international best practices and standards in production and distribution Adoption and/or alignment of production and distribution in ASEAN with international best practices and standards Achieved consistency in ASEAN s FTA/CEP agreements/ commitments vis-à-vis ASEAN s AEC commitments Identification of technical assistance needs for the less developed ASEAN Member Countries to upgrade their industrial capabilities and productivity Implementation of projects to upgrade the less developed ASEAN Member Countries industrial capabilities and productivity

61 49 Annex 1 Financial Services Sub-sectors Identified for Liberalisation by 2015 ASEAN Declaration on Environmental Sustainability Singapore, 20 November 2007 Sub-sectors Member Countries Insurance Direct Life Insurance Direct Non-life Insurance Reinsurance and Retrocession Indonesia, Philippines Brunei, Cambodia, Indonesia, Malaysia, Philippines, Singapore and Viet Nam Brunei, Cambodia, Indonesia, Malaysia, Philippines, Singapore and Viet Nam WE, the Heads of State/Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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 Countries of ASEAN, on the occasion of the 40th Anniversary of ASEAN and the 13th ASEAN Summit in Singapore; Insurance Intermediation Services Auxiliary to Insurance Cambodia, Malaysia, Indonesia, Philippines, Singapore and Viet Nam Brunei, Cambodia, Indonesia, Malaysia, Philippines, Singapore and Viet Nam Cognisant of mounting global concern over the environment and ASEAN s obligations to its people in fulfilling the aims of the World Summit on Sustainable Development (WSSD) and to achieve the UN Millennium Development Goals (MDGs), in particular to ensure environmental sustainability in the context of sustainable development; Banking Acceptance of Deposits and Other Repayable Funds from the Public Lending of All Types Financial Leasing All Payment and Money Transmission Services Cambodia, Laos and Viet Nam Cambodia, Laos and Viet Nam Cambodia, Laos and Viet Nam Cambodia, Laos and Viet Nam Determined that ASEAN should complement and support the efforts of global and regional organizations to tackle environmental issues, and in this regard support the APEC Leaders Declaration on Climate Change, Energy Security and Clean Development, and Indonesia s efforts to host the 13th Session of the Conference of Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) and the 3rd Session of the Conference of the Parties Serving as the Meeting of the Parties (CMP) to the Kyoto Protocol in December 2007; Capital Market Others Guarantee and Commitments Trading for Own Account or for Account of Customers Participation in Issues of All Kinds of Securities Asset Management Settlement and Clearing Services for Financial Assets Provision and Transfer of Financial Information, Financial Data Processing and Related Software by Suppliers of Other Financial Services Advisory, Intermediation and Other Auxiliary Financial Services Cambodia, Laos, Myanmar and Viet Nam Brunei, Indonesia, Malaysia, Philippines, Singapore and Thailand Indonesia, Philippines (subject to constitutional and legislative limitations) Indonesia, Philippines, Singapore and Thailand Indonesia, Philippines, Singapore and Thailand Philippines and Myanmar Philippines, Singapore, Thailand and Viet Nam Noting with concern the findings of the Inter-governmental Panel on Climate Change s (IPCC) Fourth Assessment Report (AR4) that the warming of the climate system is unequivocal; Further noting with concern, the adverse impacts of climate change caused by global emissions of greenhouse gases, particularly to the developing countries, such as the loss of biodiversity and severe environmental, social, health and economic consequences; Reiterating the need to build an ASEAN Community that is economically vibrant and environmentally friendly, so that the present and future generations can enjoy a clean and sustainable environment; Further recalling the 10 priority areas of environmental sustainability as agreed at the 7th Informal ASEAN Ministerial Meeting on the Environment, and the key areas of Environmental Management and Natural Resource Management outlined for the period in the Vientiane Action Programme (VAP); Reaffirming the goals of the Yangon Resolution on Sustainable Development, signed on 18 December 2003 and the Cebu Resolution on Sustainable Development, adopted on 10 November 2006, by the Ministers of ASEAN Member Countries responsible for the environment; Acknowledging that fossil fuels will continue to be part of the energy landscape, and that ASEAN Member Countries, who are at different stages of economic development, will face various environment challenges and levels of resources needed to effectively address global environmental issues without compromising competitiveness or social and economic development; Further acknowledging the efforts of ASEAN Member Countries to ratify the ASEAN Agreement on the Conservation of Nature and Natural Resources, signed on 9 July 1985, the ASEAN Agreement on Transboundary

62 50 Haze Pollution, signed on 10 June 2002, and the Agreement on the Establishment of the ASEAN Centre for Biodiversity, signed on 27 September 2005; Encouraging the efforts to develop an ASEAN Climate Change Initiative; Recognising the importance of sustainable forest management in ASEAN, which will contribute significantly to the international efforts to promote environmental sustainability, and to mitigate the effects of climate change as well as transboundary environmental pollution; Recognising the partnership of the world community in combating land degradation in the context of the United Nations Convention to Combat Desertification (UNCCD), a global instrument which can make a lasting contribution to the achievement of sustainable land management and environment; and Further recognising the importance of protecting the natural resource base for economic and social development, including the sustainable management and conservation of soil, water, mineral, coastal and marine resources as well as the improvement in water and air quality for the ASEAN region; HEREBY DECLARE: Environmental Protection and Management 1. To honour and implement commitments to multilateral and regional sustainable development and environmental agreements, so as to achieve the common goal of a clean and green ASEAN; 2. To intensify regional and international cooperation in promoting, sharing and implementing environmentally sustainable practices, including the transfer of environmentally-sound technologies, the enhancement of human and institutional capacities and the promotion of sustainable consumption and production patterns; 3. To adopt a holistic approach in fostering regional cooperation on environmental issues, with the participation of all relevant stakeholders; including business, academics, NGOs and civil society organizations; 4. To expand on the existing work under the ASEAN Initiative on Environmentally Sustainable Cities; 5. To intensify individual and collective efforts to improve the quality of air and water within ASEAN through regional or national initiatives to reduce industrial and transportation pollutions; 6. To implement measures and enhance international and regional cooperation to combat transboundary environmental pollution, including haze pollution, through, among other things, capacity building, enhancing public awareness, strengthening law enforcement, promoting environmentally sustainable practices, as well as combating illegal logging and its associated illegal trade; 7. To endeavour to reduce by half of the number of people without sustainable access to safe drinking water by 2010 in accordance with the VAP to meet the needs of ASEAN citizens, and significant improvement in the lives of slum dwellers by 2020 in ASEAN Member Countries in accordance with the UN MDGs; 8. To promote the sustainable management and use of our soil, forest, coastal and marine environments as part of regional and global efforts on biodiversity conservation, mindful of their important value as our natural heritage, and their contribution towards mitigating the effects of climate change and environmental degradation; 9. To further promote cooperation among ASEAN Member Countries in combating land degradation for sustainable land management to support sustainable agriculture and environment; 10. To call upon the international community to participate in and contribute to afforestation and reforestation, and to reduce deforestation, forest degradation, and forest fires, including by promoting sustainable forest management and development, and combating illegal logging; 11. To also call on the international community to implement debt-forsustainable development swap arrangements; 12. To forge ASEAN-wide cooperation to establish a regional nuclear safety regime, in line with our discussions at the 12th ASEAN Summit in Cebu on 13 January 2007; the Southeast Asia Nuclear Weapon Free Zone (SEANWFZ) Plan of Action adopted by the SEANWFZ Commission in Manila on 29 July 2007; and the agreement of the 25th ASEAN Ministers on Energy Meeting (AMEM) on 23 August 2007; 13. To contribute to the UN Decade on Education for Sustainable Development through the ASEAN Environmental Education Action Plan to nurture environmentally conscious ASEAN citizens; Responding to Climate Change 14. To work closely with the international community to better understand and adapt to the adverse impacts of climate change, including, in particular, the related issues of greenhouse gas emissions and carbon sinks; 15. To agree that the pursuit of climate change and energy security policies should avoid introducing barriers to trade and investment; 16. To intensify cooperation on the joint research, development and deployment of low emission technologies for the cleaner use of fossil fuels, recognising that fossil fuels will continue to play a major role in our energy mix; 17. To take concrete measures to promote the use of renewable and alternative energy sources such as solar, hydro, wind, tide, biomass, biofuels and geothermal energy, as well as, for interested parties, civilian nuclear power, while ensuring safety and safeguards that are of current international standards, and environmental sustainability throughout the full life cycle of production and use; 18. To improve energy efficiency in key sectors of energy use through capacity building and information sharing of best practices in managing energy use and the adoption of appropriate technologies and practices; 19. To undertake effective measures towards open and competitive regional and international markets geared towards providing affordable energy at all economic levels to facilitate the adoption of energyefficient and low-emission technologies; Conservation of Natural Resources 20. To achieve by 2010, a significant reduction in the current rate of loss of biodiversity, as pledged by countries at the WSSD in 2002 and as envisaged by the Convention on Biological Diversity; 21. To conserve our rich biodiversity, by promoting access to, and sustainable utilisation of its components, and the fair and equitable sharing of the benefits from these biological and genetic resources; 22. To take into account biodiversity considerations in the mitigation of and adaptation to climate change; 23. To promote and support the ASEAN Centre for Biodiversity as a regional centre for biodiversity conservation and management; 24. To strengthen efforts to implement the ASEAN Regional Action Plan on Trade in Wild Fauna and Flora, through mechanisms such as the ASEAN Wildlife Enforcement Network; 25. To support the conservation and management of ASEAN Heritage Parks and encourage ASEAN Member Countries to identify more Parks;

63 To ensure the effective implementation of the ASEAN Strategic Plan on Water Resources Management; 27. To promote conservation and sustainable management of key ecosystems, including forest, coastal, and marine habitats, such as coral reefs, through initiatives, in particular, the Heart of Borneo, Forestry Eleven forum, and the Coral Triangle Initiative on Coral Reefs, Fisheries, and Food Security ; 28. To agree to collectively work towards achieving an aspirational goal of significantly increasing the cumulative forest cover in the ASEAN region by at least 10 million hectares by 2020; and 29. Foster the sustainable management and efficient use of mineral resources and environmentally-sound mining practices. DONE in Singapore, this Twentieth Day of November in the Year Two Thousand and Seven. For Brunei Darussalam: HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam For the Kingdom of Cambodia: SAMDECH HUN SEN Prime Minister For the Republic of Indonesia: DR. SUSILO BAMBANG YUDHOYONO President For the Lao People s Democratic Republic: BOUASONE BOUPHAVANH Prime Minister For Malaysia: DATO SERI ABDULLAH AHMAD BADAWI Prime Minister For the Union of Myanmar: GENERAL THEIN SEIN Prime Minister For the Republic of the Philippines: GLORIA MACAPAGAL-ARROYO President For the Republic of Singapore: LEE HSIEN LOONG Prime Minister For the Kingdom of Thailand: GENERAL SURAYUD CHULANONT (RET.) Prime Minister For the Socialist Republic of Viet Nam: NGUYEN TAN DUNG Prime Minister ASEAN Declaration on the 13 th Session of the Conference of Parties (COP) to the UN Framework Convention on Climate Change (UNFCCC) and the 3 rd Session of the Conference of the Parties Serving as the Meeting of the Parties (CMP) to the Kyoto Protocol Singapore, 20 November 2007 WE, the Heads of State/Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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 Countries of ASEAN, on the occasion of the 40th Anniversary of ASEAN and the 13th ASEAN Summit in Singapore; Recalling the Declaration of ASEAN Concord II (Bali Concord II, 7 October 2003) and the ASEAN Vision 2020 that envision a clean and green ASEAN with fully established mechanisms for sustainable development to ensure the protection of the region s environment, the sustainability of its natural resources, and the high quality of life of its peoples; Recognising that climate change poses a serious threat to the achievement of sustainable development and the Millennium Development Goals (MDGs); Deeply concerned that the adverse impacts of climate change, including the threat of serious and irreversible damage, will affect all humanity, particularly the poor and vulnerable people, in the developing countries; Taking into account the scientific findings contained in the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) which can be used as a solid foundation for international action; Underlining the ultimate objective and principles of the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol; Acknowledging that climate change poses serious risks and challenges particularly to developing countries, and therefore demands urgent global actions and responses, on the basis of the principles of equity, flexibility, effectiveness and common but differentiated responsibilities, respective capabilities, as well as reflecting on different social and economic conditions; Recognising that ASEAN has a crucial role in shaping and forging cooperation among its members and partners including in mobilizing international support to ensure the successful outcomes of the 13th Session of the Conference of Parties (COP) to the UNFCCC and the 3rd Session of the Conference of the Parties Serving as the Meeting of the Parties (CMP) to the Kyoto Protocol in Bali, Indonesia on 3-14 December 2007; Reaffirming that economic and social development, including poverty eradication and environmental protection, are principal priorities of developing countries, and that fossil fuels underpin our economies and

64 52 that these, along with alternative fuel sources such as civilian nuclear energy, will be a reality of our lifetime, any action to mitigate climate change should be in a manner that complements and enhances sustainable development and sustained economic growth in the developing countries; Do hereby declare to: 1. Reaffirm our resolve to achieve the objectives of sustainable development and implement our relevant commitments to address climate change, based on our respective capabilities, and in accordance with the UNFCCC and the Kyoto Protocol with the aim of stabilising greenhouse gas concentrations; 2. Work closely to pave the way for establishing an effective, fair, flexible, and comprehensive multilateral arrangement, in addressing climate change beyond 2012, taking into account common but differentiated responsibilities, with a view to avoid the gap between the first and second commitment periods; 3. Urge the Annex-I Parties to the UNFCCC to continue taking the lead in substantially reducing their emissions, given their historic responsibility, economic strength and capabilities, while noting that climate change requires a global solution and that all countries should do their part based on the principle of common but differentiated responsibilities; 4. Also urge the Annex-I Parties to the UNFCCC to further implement their commitments in the provision of financial resources, technology transfer and capacity building, in accordance with the UNFCCC and Kyoto Protocol; 5. Work through bilateral, regional and global partnership to promote the development and transfer of low carbon technologies including cleaner and climate friendly technologies; 6. Work with international financial and development cooperation institutions to encourage innovative financing options to stimulate investment in climate-friendly technology and development; 7. Underline the importance of the Clean Development Mechanism of the Kyoto Protocol as an essential instrument to accelerate the development, deployment and investment in climate-friendly technology while also assisting in achieving sustainable development objectives; 8. Further underline the importance of adaptation and call on all countries to incorporate climate change impact and adaptation strategies into their national development strategies and policies, and for the early operationalisation of the Adaptation Fund in accordance with Decision 5 of the Conference of Parties Serving as the Meeting of the Parties to the Kyoto Protocol at its Second Session in Nairobi on 6 17 November 2006; 9. Agree to enhance cooperation and collaboration among ASEAN Member Countries to support the implementation of this Declaration and task the relevant ASEAN ministerial and sectoral bodies dealing with climate change to carry on the cooperation in implementing the objective of this Declaration; and 10. Commit to actively and constructively participate in ensuring a successful outcome of the negotiation on a comprehensive agreement at the 13th Session of the Conference of Parties to the UNFCCC and the 3rd Session of the Conference of the Parties Serving as the Meeting of the Parties (CMP) to the Kyoto Protocol. Done in Singapore, this Twentieth Day of November in the Year Two Thousand and Seven. For Brunei Darussalam: HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam For the Kingdom of Cambodia: SAMDECH HUN SEN Prime Minister For the Republic of Indonesia: DR. SUSILO BAMBANG YUDHOYONO President For the Lao People s Democratic Republic: BOUASONE BOUPHAVANH Prime Minister For Malaysia: DATO SERI ABDULLAH AHMAD BADAWI Prime Minister For the Union of Myanmar: GENERAL THEIN SEIN Prime Minister For the Republic of the Philippines: GLORIA MACAPAGAL-ARROYO President For the Republic of Singapore: LEE HSIEN LOONG Prime Minister For the Kingdom of Thailand: GENERAL SURAYUD CHULANONT (RET.) Prime Minister For the Socialist Republic of Viet Nam: NGUYEN TAN DUNG Prime Minister Chairman s Statement of the 13 th ASEAN Summit One ASEAN at the Heart of Dynamic Asia Singapore, 20 November On the occasion of the 40th Anniversary of ASEAN, we, the Heads of State/Government of ASEAN Member Countries gathered in Singapore for the 13th ASEAN Summit on 20 November We had candid and fruitful discussions under our 40th Anniversary theme of One ASEAN at the Heart of Dynamic Asia, and our substantive theme of Energy, Environment, Climate Change and Sustainable Development.

65 53 ASEAN Charter 2 We celebrated the signing of the ASEAN Charter as a historic milestone for ASEAN, representing our common vision and commitment to the development of an ASEAN Community as a region of lasting peace, stability, sustained economic growth, shared prosperity and social progress. We commended the Eminent Persons Group and High Level Task Force on the Drafting of the ASEAN Charter for their inspired contributions. 3. We agreed that implementation will be the key to the realisation of the vision outlined in the ASEAN Charter. With the Singapore Declaration on the ASEAN Charter, we pledged to undertake all measures necessary to ensure expeditious ratification and implementation of the Charter. We welcomed Thailand s offer to host a special ceremony to celebrate the entry into force of the ASEAN Charter during the next Summit, at the Saranrom Palace, where the ASEAN Declaration was signed in Energy, Environment, Climate Change and Sustainable Development 4. We recognised that the issues of energy security, environment, climate change and sustainable development are interrelated and complex, and represents a serious global challenge that must be addressed in a comprehensive manner through individual, regional and concerted international action. In particular, the adverse effects of climate change, such as rising sea levels and changing weather patterns, would have direct impact on the security, livelihood and well-being of the peoples of ASEAN, and thus necessitated urgent action. We underscored the importance of establishing a comprehensive post-2012 international climate change arrangement, based on the principles of equity, flexibility, effectiveness, common but differentiated responsibilities and respective capabilities. We declared our commitment to the UNFCCC process and pledged our support for Indonesia s hosting of the UNFCCC meeting in December 2007, and its efforts to work with all parties to adopt the Bali Roadmap towards negotiations for a post-2012 international agreement. 5. We agreed that ASEAN, as a region, must do its part in addressing these issues. Through the ASEAN Declaration on Environmental Sustainability, we pledged to deepen cooperation in a wide range of activities, including combating transboundary environmental pollution, and ensuring the conservation and sustainable management of natural resources. We also agreed to explore the safe and sustainable use of alternative energies, such as hydropower, biofuels and solar power. Through the ASEAN Declaration on the 13th Session of the Conference of the Parties (COP) to the UNFCCC and the 3rd Session of the Meeting of the Conference of the Parties serving as the Meeting of the Parties (CMP) to the Kyoto Protocol, we commit to support Indonesia for the successful conclusion of the climate change conference in Bali. 6. We noted in particular that ASEAN s rich endowment of forestry resources meant our region could contribute in a major way to the global reduction of greenhouse gas through the preservation of carbon sinks. In this regard, we are committed to increasing forest cover in our region, and welcomed concrete initiatives such as the Heart of Borneo conservation plan being undertaken by Brunei, Indonesia and Malaysia. We pledged to tackle and guard against unsustainable practices, such as illegal logging, preventing slash-and-burn practices and forest fires,, through cooperation to implement robust enforcement, education and increased bilateral and regional cooperation. We also called upon the international community to participate in and contribute to such efforts. In addition, we support other relevant initiatives such as the Forestry Eleven Forum, and the Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security. 7. Given the need to explore alternative sources of energy, we stressed the need to ensure that these sources are sustainable and safe. In this regard, we welcomed our Energy Ministers work in following up on our discussions at the 12th ASEAN Summit in Cebu, in particular the move to establish a Nuclear Energy Safety Sub-Sector Network (NES-SSN) to discuss civilian nuclear energy safety and security issues, and to develop a nuclear safety regime at the regional level that meets international standards. There should also be stronger and better cooperation on the development of renewable sources of energy in an effort by ASEAN to address climate change. Building an ASEAN Community ASEAN Economic Community 8. We welcomed the finalisation of the Blueprint for the ASEAN Economic Community (AEC) and the signing of the Declaration on the AEC Blueprint, which will serve as the roadmap for transforming ASEAN into a single market and production base, highly competitive and fully integrated into the global community by We emphasised the importance of equitable economic development, and the reduction of poverty and socio-economic disparities. We urged that the benefits of economic integration be quickly accrued to all people of ASEAN through timely implementation of the provisions of the Blueprint, which should be monitored through the development of an AEC Scorecard mechanism. We tasked the ASEAN Economic Ministers to ensure that we follow-through with our commitments in the Blueprint, and we designated 2008 to be the year for promoting ASEAN Economic Community Awareness. 9. We reiterated the commitment of our Transport Ministers to ensure the timely implementation of the ASEAN Roadmap for Integration of Air Travel Sector (RIATS), and pledged to work towards the expeditious signing of the implementing texts of the RIATS in February 2008, which will pave the way for fully liberalised air services among ASEAN capitals by December We agreed that fully liberalised air services within ASEAN would contribute positively on our region s competitiveness and accelerate our integration efforts. ASEAN Political-Security Community 10. We applauded our sectoral ministers for their contributions and relentless efforts to enhance peace and security in the region through active cooperation and consultations in forums such as the AMM, AMMTC and ASEAN Regional Forum (ARF). We also commended the spirit of cooperation of our Defence Ministers and militaries in forging practical cooperation to address the range of transnational security issues facing the region. We noted the ADMM s aspiration to establish a robust, effective, open and inclusive regional security architecture, which would enhance regional peace and stability, and contribute to the realisation of the ASEAN Political-Security Community. 11. In the spirit of realising the ASEAN Community by 2015, we tasked our Ministers and officials to draft a Blueprint for the ASEAN Political Security Community (APSC), which would be adopted at the 14th ASEAN Summit.

66 54 ASEAN Socio-Cultural Community 12. We underlined the need to enhance education and to hone the skills and talents of our peoples as ASEAN moves towards closer integration, in order to ensure the region s competitiveness, and to reap the benefits of globalisation while minimising the social impacts. We underscored the importance of promoting greater understanding and friendship among our people through the building of stronger people-to-people linkages, especially our youths. We expressed appreciation for the setting up of the SGD 5 million Singapore-ASEAN Youth Fund, and also applauded the efforts of ASEAN member countries in promoting greater ASEAN awareness, through a series of commemorative activities to celebrate ASEAN s 40th Anniversary, suggestions such as the inclusion of ASEAN studies into our national curricula and Thailand s proposal to establish ASEAN Friendship Associations. We designated ASEAN Day (8 August) as a Special Day. 13. In order to ensure that concrete actions are undertaken to promote the establishment of an ASEAN Socio-Cultural Community, we tasked our Ministers and officials to draft a Blueprint for the ASEAN Socio- Cultural Community (ASCC), which would be adopted at the 14th ASEAN Summit. Narrowing the Development Gap 14. We agreed that narrowing the development gap remains an important task which will ensure that the benefits of ASEAN s integration efforts are fully realised. We noted that our efforts to narrow the development gap, such as through the Initiative for ASEAN Integration (IAI), should be aligned with the broader objectives of ASEAN s integration efforts. We thanked Singapore for its pledge of a third tranche of IAI contributions amounting to SGD 30 million from We further noted Singapore s launching of an ASEAN egovernment and Telecoms Fellowship programme next year, which will benefit mainly the newer ASEAN countries economies, and serve to augment their capabilities in two critical areas: e-government and telecom regulation. We also expressed appreciation to Singapore s voluntary contribution of US$500,000 to the ASEAN Development Fund, which will provide financial resources to support the implementation of the Vientiane Action Programme. Strengthening the ASEAN Secretariat 15. We recognised that with the increasing scope of ASEAN cooperation, the Secretariat s infrastructure and facilities should be upgraded to meet this additional workload. In this connection, we welcome Singapore s contribution of US$240,500 to the Secretariat to upgrade its Information Technology and archival and depository systems. Myanmar 16. We had an extensive and open discussion on Myanmar. We were given a comprehensive briefing by Myanmar PM Thein Sein, where he emphasised that the situation in Myanmar was a domestic affair, and that Myanmar was fully capable of handling the situation by itself. He reaffirmed that Myanmar had every confidence in managing the good offices of the UN. As ASEAN Chair, Singapore issued a statement to clarify ASEAN s role and stand. We reiterated that the Myanmar Government should continue to work with the UN in order to open up a meaningful dialogue with Daw Aung San Suu Kyi and the National League for Democracy (NLD); make full use of the good offices of the UN Secretary-General and Professor Gambari in this process; lift restrictions on Daw Aung San Suu Kyi and release all political detainees; work towards a peaceful transition to democracy; and address the economic difficulties faced by the people of Myanmar. We emphasised that we will strive to prevent the Myanmar issue from obstructing ASEAN s integration efforts, especially the ASEAN Charter and the establishment of the ASEAN Community. ASEAN s External Relations 17. We are pleased with the overall progress of our cooperation within the ASEAN Plus Three framework, and looked forward to the celebration of the 10th Anniversary of ASEAN Plus Three cooperation with our Plus Three Dialogue Partners. We reiterated that ASEAN Plus Three cooperation will continue to support ASEAN integration with the objective to realise the ASEAN Community, and play a key role in regional community building efforts for the long-term goal of realising an East Asian community with ASEAN as the driving force. We looked forward to the adoption of the Second Joint Statement on East Asia Cooperation and its accompanying ASEAN Plus Three Cooperation Work Plan ( ), which would provide strategic guidance for the future direction of ASEAN Plus Three cooperation, with the aim of building an open regionalism connected to the world. 18. We reiterated that the dynamic and diverse cooperation with our Dialogue Partners have played a crucial role in facilitating our integration efforts and the narrowing of development gaps. We welcomed our Dialogue Partners vigorous engagement with ASEAN and encouraged them to further deepen and broaden cooperation to achieve a stable, prosperous and outward-looking region. However, we regretted that some of our dialogue relations have been strained as a result of the Myanmar issue. We urged our dialogue partners to take a strategic and comprehensive view of our relations. 19. We also underscored the importance of Free Trade Agreements (FTAs) in strengthening ASEAN s global competitiveness and its cooperation with its Dialogue Partners. We encouraged all partners to work with ASEAN towards the speedy realisation of the FTAs with the longer-term benefits of such FTAs in mind. These FTAs, taken collectively, will deepen our economic integration and widen our web of trade and investment links with the world, thereby contributing to the overall development and benefit of the people of the region. In this regard, we welcomed the significant achievements in our FTA negotiations with China, Japan, and ROK, and looked forward to further progress in our FTA talks with India, Australia and New Zealand, as well as the European Union. 20. We noted that ASEAN and the EU will be holding a Commemorative Summit to mark 30 years of cooperation in Singapore on 22 November 2007, and looked forward to having a substantive discussion with our partners from Europe. 21. We recognised and supported the mutually reinforcing and complementary roles of the ASEAN Plus Three process and the East Asia Summit (EAS), and such regional forums as the ASEAN Regional Forum, to promote East Asian cooperation. We reaffirmed our desire to continue developing the EAS as a high-level strategic forum for dialogue, and a means to catalyse regional cooperation among its participating countries. We looked forward to signing the Singapore Declaration on Climate Change, Energy and the Environment at the EAS, which will set out important common ground among the EAS participating countries on the key principles which can help pave the way to a more effective post-2012 agreement.

67 We reiterated our strong commitment towards an expeditious and successful conclusion of the Doha Development Round. Concluding the Round is essential to promote growth, opportunity, and prosperity. The primacy of the rules-based multilateral trading system is also vital to ensure a fair and predictable global market in which we can all participate. We firmly believe that a successful outcome is within our collective grasp if we all make the necessary sacrifices. ASEAN is prepared to make our contribution. We each know what we must do, and we call on all WTO Members to do the same at this critical juncture. We have come too far to fail. ASEAN also reiterated their strong support to Lao PDR s early accession to the WTO. Incoming Secretary-General of ASEAN 23. We endorsed Thailand s nomination of H.E. Dr. Surin Pitsuwan as the incoming Secretary-General of ASEAN. We thanked outgoing Secretary-General H.E. Ong Keng Yong for his outstanding contributions to ASEAN. Other matters 24. We noted the reports from the ASEAN Inter-Parliamentary Assembly, ASEAN Foundation and the ASEAN Civil Society Conference 2007 which was held in Singapore in October We renewed our commitment to build a people-oriented ASEAN that is responsive to the needs of its peoples, and welcomed the ongoing efforts to institutionalise a genuine process of dialogue between the Leaders and all quarters of society, with the ASEAN Secretariat playing a key role as facilitator. We noted the comments and suggestions made by the civil society groups, including the need to deepen economic integration and community-building efforts, pay attention to well-being and livelihood of vulnerable groups in society, promote democracy, good governance and human rights, effectively resolve the transboundary environmental pollution, including haze, and ensure that in the development of nuclear power as an alternative energy source of power generation and civilian nuclear energy use, international nuclear safety and security standards are upheld. 25. We expressed our appreciation to the ASEAN Business Advisory Council (ABAC) Leaders for their useful insights during our Working Lunch, which provided us with valuable feedback on our individual economic policies and how it could fit better into enhancing the business and investment environment in ASEAN. 26. We recognised the importance of highlighting ASEAN s economic opportunities to the world business community, and looked forward to attending the ASEAN Event at the World Economic Forum (WEF) in Davos in January We expressed support for the Philippines hosting of the 2nd Meeting of the Global Forum on Migration and Development in 2008, and urged all member countries to participate actively in the drawing up of concrete initiatives that promote and harness the link between migration and development. ASEAN Chairman s Statement on Myanmar Singapore, 19 November The ASEAN Leaders had a full and open discussion on the Myanmar issue at their informal Working Dinner. 2. Prime Minister Thein Sein made clear that the situation in Myanmar was a domestic Myanmar affair and that Myanmar was fully capable of handling the situation by itself. 3. Prime Minister Thein Sein explained that UN Secretary-General Special Advisor Ibrahim Gambari had visited Myanmar four times, and that Myanmar had implemented many of his proposals. He emphasized that Professor Gambari should only report to the UN Secretary-General and not to ASEAN or the East Asia Summit (EAS). Myanmar had every confidence in managing Professor Gambari s mission and the good offices of the UN. 4. In view of Myanmar s position, Professor Gambari will not brief the ASEAN or EAS Leaders. However, Singapore, as ASEAN Chair, will facilitate Professor Gambari s meetings with interested parties. 5. The ASEAN Leaders agreed that ASEAN would respect Myanmar s wishes and make way for Myanmar to deal directly with the UN and the international community on its own. ASEAN stands ready to play a role whenever Myanmar wants it to do so. 6. The Leaders noted that the recent visits by Professor Gambari had resulted in several steps in the right direction. 7. Most Leaders expressed the view that Myanmar could not go back or stay put. The process of national reconciliation had to move forward, and the UN played a vital role in this process. 8. As had been stated in the statement issued by the ASEAN Chair in New York in September, the Leaders reiterated that the Myanmar Government should continue to work with the UN in order to: a. Open up a meaningful dialogue with Daw Aung San Suu Kyi and the National League for Democracy (NLD); b. Make full use of the good offices of the UN Secretary-General and Professor Gambari in this process; c. Lift restrictions on Daw Aung San Suu Kyi and release all political detainees; d. Work towards a peaceful transition to democracy; and e. Address the economic difficulties faced by the people of Myanmar. 9. The Leaders emphasized that they will strive to prevent the Myanmar issue from obstructing ASEAN s integration efforts, especially the ASEAN Charter and the establishment of the ASEAN Community.

68 56 II. ASEAN POLITICAL SECURITY COMMUNITY ASEAN Ministerial Meeting (AMM) Statement of the Establishment of the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers Manila, Philippines, 13 July 2007 WE, the Ministers of Foreign Affairs of the Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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 Countries of the Association of Southeast Asian Nations (ASEAN), hereinafter referred to individually as Member Country and collectively as Member Countries ; RECALLING the purposes of, and the commitments contained in, the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (the Declaration) signed by the Heads of State / Government of the ASEAN Member Countries at the 12th ASEAN Summit in Cebu, Philippines, specifically the mandate to task the relevant ASEAN bodies to follow up on the Declaration and to develop an ASEAN instrument on the protection and promotion of the rights of migrant workers, consistent with ASEAN s vision of a caring and sharing Community; RECALLING also the relevant international instruments on the protection and promotion of the rights of migrant workers, which can serve as a basis for enhancing international cooperation in this area; DO HEREBY STATE AS FOLLOWS: Establishment of the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers There shall be established an ASEAN Committee on the Implementation of the Declaration on the Protection and Promotion of the Rights of Migrant Workers hereinafter referred to as the Committee. Purpose of the Committee The Committee, in accordance with the national laws, regulations, and policies of Member Countries, will serve as the focal point within ASEAN to coordinate the following: 1. Ensuring the effective implementation of the commitments made under the Declaration; and 2. Facilitating the development of an ASEAN instrument on the protection and promotion of the rights of migrant workers. Structure of the Committee The Committee shall: 1. Be composed of one senior representative from each of the Member Countries, as well as a representative from the ASEAN Secretariat; 2. Be assisted by representatives from the concerned government agencies of each Member Country; 3. Report to the Senior Labor Officials Meeting (SLOM); 4. Be chaired by the representative of the country that holds the Chairmanship of the ASEAN Standing Committee; and 5. Be provided secretarial support by the ASEAN Secretariat. Functions of the Committee Subject to the national laws, regulations, and policies of the Member Countries, the functions of the Committee will be as follows: 1. Explore all avenues to achieve the objectives of the Declaration; 2. Facilitate sharing of best practices in the ASEAN region on matters concerning the promotion and protection of the rights of migrant workers; 3. Promote bilateral and regional cooperation and assistance on matters involving the rights of migrant workers; 4. Facilitate data sharing on matters related to migrant workers, for the purpose of enhancing policies and programmes to protect and promote the rights of migrant workers in both sending and receiving countries; 5. Encourage international organisations, ASEAN Dialogue Partners and other countries to respect the principles and extend support and assistance to the implementation of the measures contained in the Declaration; 6. Promote harmonisation of mechanisms between both sending and receiving countries that promote and protect the rights of migrant workers to implement the ASEAN commitment reflected in paragraph 17 of the Declaration; 7. Work closely with the ASEAN Secretariat in the preparation of the report of the Secretary-General of ASEAN to the ASEAN Summit; and 8. Work towards the development of an ASEAN instrument on the protection and promotion of the rights of migrant workers. ADOPTED in Manila, Philippines, this Thirtieth Day of July in the Year Two Thousand and Seven.

69 57 Joint Communiqué of the 40 th ASEAN Ministerial Meeting (AMM) One Caring and Sharing Community INTRODUCTION Manila, Philippines, July We, the Foreign Ministers of the Association of Southeast Asian Nations (ASEAN), met at the 40th ASEAN Ministerial Meeting on July 2007 in Manila. His Excellency Alberto G. Romulo, Secretary of Foreign Affairs of the Philippines and Chairman of the 40th ASEAN Standing Committee, chaired the Meeting. 2. The Representatives of Timor-Leste and Papua New Guinea attended the Opening Ceremony of the 40th ASEAN Ministerial Meeting as Guest of the Chairman of the 40th ASEAN Standing Committee and as Special Observer in ASEAN, respectively. OPENING ADDRESS 3. Her Excellency President Gloria Macapagal-Arroyo, President of the Republic of the Philippines, addressed the Opening Ceremony of the 40th ASEAN Ministerial Meeting. 4. President Arroyo stated that ASEAN relations have never been stronger and recalled ASEAN achievements in cooperation, solidarity, fighting poverty and winning collective security. She called on ASEAN to carry forward the landmark commitments made at the 12th ASEAN Summit to create one caring and sharing community by She said such a community should be anchored on economic integration with a focus on social justice and raising the standards of living in the region. 5. To achieve that objective, President Arroyo urged ASEAN to build upon its bold decision to draft an ASEAN Charter that will strengthen ASEAN and deepen collaboration among its Member Countries. She said the ASEAN Charter should be a testament to ASEAN s commitment to become one, single united front. 6. President Arroyo said, furthermore, that developing ASEAN is more than creating a regional community and should also be a dynamic force in Asia that would maximize the benefits of globalization. For ASEAN to become a true expanding union, the President said ASEAN should continue nurturing its relations with key partners through, among other things, forging free trade agreements and engaging all parties that have a stake in the region to establish an East Asia community. 7. President Arroyo also called on ASEAN to point the way ahead in regional security cooperation. In this regard, she said that ASEAN welcomed the recent positive developments on the Korean Peninsula nuclear issue, including the shutdown of the Yongbyon reactor, and commended all parties for the progress they have made thus far. She said ASEAN must stand ready to advance regional security and stability and, in this connection, to strengthen our collective stake in a stable Korean Peninsula. 8. The President emphasized the achievements ASEAN has made in regional security, from the Treaty of Amity and Cooperation in Southeast Asia (TAC) to the ASEAN Regional Forum (ARF). The President said ASEAN has been a force for regional peace and progress for forty years and must find the means to sustain this role for the next forty years. 9. In conclusion, President Arroyo said ASEAN must be a community where all can grow and prosper together. If ASEAN succeeds in this respect, then future generations will look back on ASEAN s fortieth year, on the 12th ASEAN Summit and on the 40th ASEAN Ministerial Meeting, as the point where the region s effort to attain this aspiration was begun. THE ASEAN COMMUNITY 10. We welcomed the progress achieved in the implementation of the Leaders decisions at the 12th ASEAN Summit on 13 January 2007 in Cebu, Philippines, in accelerating the establishment of an ASEAN Community to 2015 and in building a people-centred ASEAN, consistent with our commitment to establish One Caring and Sharing Community. We reaffirmed our resolve to pursuing region-wide programmes and activities that would truly make ASEAN relevant, beneficial and meaningful to peoples of ASEAN. 11. We are encouraged by the advancement we have made in ASEAN regional integration, and agreed to further intensify our efforts to accelerate the narrowing of the development gap to ensure the realization of the ASEAN Community. 12. We recognized the need for synergy in enhancing our efforts and pooling our resources, as well as achieving effective coordination, so that ASEAN can be more responsive to and consistent with the stated goals and objectives of an ASEAN Community. 13. To ensure that all three pillars of the ASEAN Community move in the same pace, we agreed to give particular attention to developing blueprints for each of the ASEAN Security Community and the ASEAN Socio-Cultural Community, similar to those of the ASEAN Economic Community. 14. We agreed in a Joint Statement issued on 30 July 2007 to recommend to our Leaders the endorsement of the proposal to observe ASEAN Day (8 August) as a special day in each of the ASEAN Member Countries with the objective of increasing ASEAN awareness among our people. 40th Anniversary of ASEAN 15. We highlighted that the 40th anniversary of ASEAN on 8 August 2007 will be an historic milestone for our regional organization. We supported the various initiatives and activities carried out by Member Countries to commemorate this auspicious occasion, which would highlight ASEAN s achievements and develop ASEAN consciousness. We welcomed Malaysia s initiatives to convene an ASEAN Integrity Dialogue. Vientiane Action Programme (VAP) 16. We took note of the progress in the implementation of the Vientiane Action Programme (VAP). Reaffirming our commitment to the completion of the VAP by 2010, we agreed to mobilize financial resources for the remaining VAP programs, projects and activities. We resolved to strengthen coordination among the various ASEAN sectoral bodies carrying out the VAP and reiterated the importance of undertaking coordination among the three pillars of ASEAN Community.

70 58 Initiative for ASEAN Integration (IAI) 17. We agreed to exert greater efforts on narrowing the development gap to enhance ASEAN integration and ensure equitable economic development for the well-being of the peoples of ASEAN. 18. We expressed support for the recommendations made at the Second Initiative for ASEAN Integration (IAI) Development Cooperation Forum in Ha Noi, Viet Nam, on June 2007 on new and innovative strategies to narrow the development gap among the ASEAN Member Countries, including the proposed formulation of the Second IAI Work Plan for To realize the full ASEAN integration in compliance with ASEAN Community by 2015, we recognized the need to also address the pockets of poverty and underdevelopment in ASEAN Member Countries. The programmes for IAI should also be aligned with ASEAN s larger efforts to become an ASEAN Community by We expressed appreciation to our Dialogue Partners and other international institutions for their support and contributions to the IAI. We are committed to sustain and accelerate our efforts to narrow the development gap in the region to make ASEAN more economically competitive and socially cohesive. The ASEAN Charter 20. We stressed the importance of codifying the principles, values and norms of ASEAN into a Charter and in sustaining the momentum towards transforming ASEAN into a rules-based organization with a legal personality, capable of performing a greater role in regional and international affairs. 21. We welcomed the submission of the first draft of the ASEAN Charter by the High Level Task Force on the Drafting of the ASEAN Charter (HLTF) and conveyed our appreciation for the HLTF s excellent work. We thoroughly discussed the draft ASEAN Charter and gave our views to the HLTF on the important aspects of the ASEAN Charter. We looked forward to the completion of the work of the HLTF and its submission of the final draft of the ASEAN Charter at the 13th ASEAN Summit in November 2007 in Singapore. ASEAN SECURITY COMMUNITY (ASC) 22. We stressed the importance of building the ASC as a backbone of the ASEAN Community. We noted the convening of the 2nd ASC Plan of Action Coordinating Conference (ASCCO) on July 2007 and underscored the importance of coordination in the implementation of the Programme Areas and Measures of the ASC Plan of Action in the process of ASEAN Community building. 23. We agreed to undertake all efforts to ensure early ratification and entry into force of the ASEAN Convention on Counter-Terrorism (ACCT) and to intensify cooperation to ensure a peaceful and stable ASEAN. We took note of the progress achieved at the recent 7th Senior Officials Meeting on Transnational Crime (SOMTC) Meeting in Lao PDR, which endorsed the institutionalization of the SOMTC Working Group on Counter Terrorism. We also welcomed the recommendations of the ASEAN Ad Hoc Meeting on Anti-Corruption. We took note of the process to develop a model ASEAN Extradition Treaty as part of our concerted efforts to establish an ASEAN Extradition Treaty. We also encouraged signatory countries to ratify the Regional Treaty on Mutual Legal Assistance on Criminal Matters so as to ensure its effective implementation. 24. Consistent with our goal to build One Caring and Sharing Community, we are committed to the timely implementation of the provisions of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers. We agreed to establish the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers that will lead and oversee the implementation of various activities under this Declaration. We recognized that this Committee shall report to ASEAN Senior Labor Officials. 25. We reaffirmed our commitment to the protection and promotion of human rights under the Vientiane Action Programme (VAP). We also noted the convening of the 6th Workshop on ASEAN Regional Human Rights Mechanism in Manila on July 2007 and the Working Session of National Human Rights Institutions Consultations Mechanism in Bali on 28 June We further noted the work carried out by the non-governmental Working Group for an ASEAN Human Rights Mechanism, including the meeting between the openended SOM Troika and the Working Group on the sidelines of the 40th AMM with the objective of facilitating the implementation of the activities under the promotion of human rights component of the VAP. Treaty on the Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ) 26. We noted the results of the Meeting of the Commission on SEANWFZ in Manila on 30 July 2007 which reviewed the progress of the implementation of the Treaty since it came into force in 1997 and discussed ways for the Treaty to effectively contribute to ASEAN Security Community-building efforts. 27. We welcomed the adoption of the Plan of Action that would guide the future implementation of the SEANWFZ Treaty to ensure that we are able to respond to the evolving internal and external challenges and opportunities. Treaty of Amity and Cooperation in Southeast Asia 28. We welcomed the accessions to the TAC of the Republic of France and the Democratic Republic of Timor-Leste at the margins of the 12th ASEAN Summit on 13 January 2007 in Cebu, Philippines. We looked forward to the accessions of the Democratic Socialist Republic of Sri Lanka and the People s Republic of Bangladesh to the Treaty of Amity and Cooperation in Southeast Asia (TAC) on 1 August 2007 in Manila. We acknowledged the declarations of the United Kingdom and the European Union of their intent to accede to the TAC. We noted that the continuing interest in the TAC underscores its important role as a key code of conduct governing inter-state relations in Southeast Asia and its value as a major diplomatic instrument for the promotion of peace, security and stability in the region. 29. We called upon the other countries, particularly our Dialogue Partners and friends in the ARF, sharing ASEAN s aspirations for peace, security, stability and development in the region, to also accede to the TAC. South China Sea 30. We reaffirmed the continuing importance of the Declaration on the Conduct of Parties in the South China Sea of 2002 (DOC) as a milestone document between ASEAN and China, embodying their collective commitment to ensure the peaceful resolution of disputes in the area. We believed that the Declaration had been effective in

71 59 building mutual trust and confidence among the claimants in the area and in maintaining peace and stability in the region. We underscored the need to intensify efforts to move forward the implementation of the Declaration and eventually conclude a Regional Code of Conduct in the South China Sea. 31. We encouraged the continued exercise of self-restraint by all the parties concerned and the promotion of confidence building measures in this area and welcomed their commitment to resolving disputes in the South China Sea by peaceful means in conformity with the spirit of the DOC and recognized principles of international law including the United Nations Convention on the Law of the Sea. ASEAN Regional Forum (ARF) 32. We reaffirmed the role of ASEAN as the primary driving force of the ASEAN Regional Forum (ARF) process and the ARF as the primary forum in enhancing political and security dialogue and cooperation as well as the fulcrum for building peace and security in the wider Asia-Pacific region. 33. We welcomed the Democratic Socialist Republic of Sri Lanka as the 27th participating country in the ARF and we looked forward to its attendance at the 14th ARF on 2 August We expressed confidence that the Democratic Socialist Republic of Sri Lanka would be able to contribute to the further enhancement of political and security dialogue and cooperation in the region. 34. We commended the steady progress and growing momentum generated in the implementation of ARF activities. We encouraged the forging of more concrete and practical cooperation among ARF countries in building capacity and capabilities in order to better cope with numerous challenges, including in counter-terrorism, disaster relief, maritime security, non-proliferation and disarmament of weapons of mass destruction and energy security, among others. We would discuss at the 14th ARF Meeting the elevation of the ARF to a premier forum for discussion of security issues of common concern affecting the region in the future. 35. While emphasising that confidence building would continue to play a vital role in the ARF process, we welcomed the ARF s progress towards Preventive Diplomacy (PD). We also commended the activities undertaken to enhance links between Track I and Track II in the ARF, and between the ARF and other regional and international security organisations. We noted with satisfaction the progress made in the implementation of the agreed ARF activities for the Inter-Sessional year ASEAN ECONOMIC COMMUNITY (AEC) 36. We underscored ASEAN s commitment to establish a Single Market and Production Base characterized by a competitive economic region with equitable economic development and one that is fully integrated into the global economy. 37. We noted the finalisation of the ASEAN Economic Community Blueprint and Strategic Schedule, which will serve as an integrated and coherent master plan with clearly defined measures and actions, milestones and timelines to establish the ASEAN Economic Community by 2015, for the consideration and signing by the ASEAN Leaders at the 13th ASEAN Summit in November 2007 in Singapore. This would reaffirm and reinforce ASEAN s collective will to deepen the economic integration of the region. 38. We supported the decision of the ASEAN Economic Ministers to recognise Viet Nam as a full market economy, taking into consideration its rate of economic progress and integration with the regional and global economies, and we encouraged our Dialogue Partners to make similar recognitions. Energy Cooperation 39. We agreed to implement projects and activities in line with the Cebu Declaration on East Asian Energy Security within ASEAN and the East Asia Summit (EAS). In particular, we welcomed the upcoming inaugural meeting of the EAS Energy Ministers in Singapore on 23 August 2007 as an important step towards fulfilling the Cebu Declaration and following-up on the Leaders discussions during the 2nd EAS in Cebu. We are committed to improving energy efficiency and conservation, increasing the use of alternative and renewable sources of energy, expanding biofuel production/utilization, developing open and competitive energy markets, and encouraging greater private sector involvement in energy resource and infrastructure investment within the region. Sub-regional Cooperation 40. We recognised the positive contributions of sub-regional cooperation within ASEAN to the growth and development of the whole region. We supported the initiatives and programmes currently being undertaken under these sub-regional arrangements within ASEAN: Ayeyawady-Chao Phraya-Mekong Economic Cooperation Strategy (ACMECS), Brunei-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA), Indonesia-Malaysia-Thailand Growth Triangle (IMT-GT), Cambodia-Laos-Myanmar-Viet Nam (CLMV), and Cambodia-Lao-Vietnam Development Triangle (CLV-DT). ASEAN SOCIO-CULTURAL COMMUNITY (ASCC) 41. To ensure that all three pillars of the ASEAN Community move in the same pace, we agreed to paying particular attention to putting in place a mechanism for the socio-cultural community, similar to the SOM and SEOM, which coordinates the activities of the two other Communities. We tasked our senior officials to come up with a blueprint to ensure proper coordination of the ASEAN Socio-Cultural Community (SOC-COM). 42. We agreed that ASCC sectoral bodies should work together with those under the AEC in intensifying strategic focus, particularly on the core element pertaining to Managing the Social Impact of Economic Integration. They should also focus on operationalising the decisions and declarations of the 12th ASEAN Summit and consider possible thematic approach and cross-cutting programmes in the fields of migrant workers, women, education, ASEAN identity, disaster management, climate change and sustainable development, and communicable diseases. We encouraged ASEAN sectoral bodies to develop and implement some flagship projects under the ASCC. 43. To carry out the ASCC Plan of Action, particularly towards building a community of caring societies, we agreed on the need to draw up an ASEAN roadmap for the implementation of the Millennium Development Goals Plus (MDG Plus) by the concerned ASEAN sectoral bodies, particularly those involved in poverty reduction and social development. 44. We recognised the valuable contribution of the civil society organizations (CSO) in the building of an ASEAN Community and

72 60 expressed our commitment to continue to engage with CSO representatives at various levels, programmes and meetings. 45. We acknowledged the Report of the Executive Director of the ASEAN Foundation. We noted ASEAN Foundation s 10th year anniversary in 2007 and encouraged it to continue its efforts in promoting ASEAN awareness in the region, especially among the youth and students, and in mobilising funds to support its programmes and activities. Consular and Immigration 46. In line with our goal of increasing people-to-people contacts among ASEAN nationals and promoting freer intra-asean travel, we called for the early ratification by Member Countries of the ASEAN Visa Framework Agreement. 47. Recalling the Statement by the Foreign Ministers of ASEAN in Kuala Lumpur on 25 July 2006 and consistent with our commitment to build One Caring and Sharing Community, we committed to extend the appropriate emergency assistance to all ASEAN nationals caught in crisis and conflict situations in third countries. We adopted the guidelines for the provision of emergency assistance by ASEAN missions in third countries to nationals of ASEAN Member Countries in crisis situation. Environment and Climate Change 48. We expressed concern over the impact of global warming and climate change and called on concerted efforts involving the international community, including the private sector and the civil society, in addressing these challenges in accordance with the principle of common but differentiated responsibilities. 49. We welcomed the proposal by Singapore, as the next Chair of ASEAN, to focus on Energy, Environment, Climate Change and Sustainable Development as the theme for discussions at the 13th ASEAN Summit and Related Summits in Singapore in November In line with this theme, we looked forward to the ASEAN Leaders Declaration on Environmental Sustainability to be signed at the 13th ASEAN Summit. We also welcomed Singapore s proposal to work on a Singapore Declaration on the Environment to be issued at the 3rs East Asia Summit in Singapore. We also looked forward to the outcome of the Informal ASEAN Ministerial Meeting on Environment to be held in Bangkok in September We called on the international community to support the successful convening of the 13th Conference of Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC) and the 3rd Meeting of Parties (MOP) of the Kyoto Protocol to be held in Bali on 3-14 December We also welcomed the Indonesian proposal to develop a draft declaration on the 13th COP to the UNFCCC and the 3rd MOP to the Kyoto Protocol to be signed by the Leaders at the 13th ASEAN Summit. 50. We reiterated the need to step up cooperation to prevent and mitigate transboundary haze pollution in the region and welcomed the efforts of ASEAN Member Countries to finalize the process of ratification of the ASEAN Agreement on Transboundary Haze Pollution. We called upon the ASEAN Member Countries to expedite the operationalisation of the ASEAN Agreement on Transboundary Haze Pollution and for those that have not yet ratified to do so soon. 51. We welcomed the signing of the Host Country Agreement between the Republic of the Philippines and the ASEAN Centre for Biodiversity (ACB) on 8 August 2006 in Manila. We expressed support for the operations of the ACB and the implementation of various projects that would preserve and protect biodiversity areas in the region. We encouraged our Dialogue Partners to support the ACB in implementing key biodiversity projects. Disaster Management 52. Recognising the fact that Southeast Asia is one of the most disasterprone regions in the world, we committed to coordinate and cooperate during disaster emergencies to provide immediate relief, assistance and rehabilitation to disaster victims, and implement measures to reduce disaster losses in the ASEAN region. We called for the early ratification of the ASEAN Agreement on Disaster Management and Emergency Response (AADMER). 53. We endorsed the offer of Indonesia to host the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management (AHA Centre) as recommended by the 4/40 Meeting of the ASEAN Standing Committee, held in Manila on July 2007, and we tasked the relevant officials to work out the details. Health 54. We expressed support for the implementation of the Third ASEAN Work Programme (AWP) on HIV and AIDS for , following its adoption by the Leaders during the 12th ASEAN Summit Special Session on HIV and AIDS. Education 55. We expressed support for programmes undertaken by the ASEAN University Network in promoting ASEAN studies and ASEAN regional identity among the youth. We acknowledged the critical role that education plays in fostering greater inter-cultural, inter-religious and inter-racial understanding within and among societies in the region. We agreed on the need to provide broader access to education and more educational opportunities and scholarships for study in ASEAN universities. Labour 56. We welcomed the establishment on 30 July 2007 of the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers as the instrument for effectively implementing the provisions of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, which our Leaders signed on 13 January 2007 in Cebu, Philippines. 57. We expressed confidence that with the signing of the Cooperation Agreement between the ASEAN Secretariat and the International Labour Organisation (ILO) Secretariat on 20 March 2007, ASEAN and the ILO would collaborate more to address labour issues where they have common interests. We also welcomed the adoption of an ASEAN Plan of Action on National OSH Framework and the continued progress of the ASEAN Occupational Safety and Health Network. Youth 58. We recognised the importance of involving and engaging ASEAN youth to obtain their perspectives on the activities and programmes of ASEAN. We welcomed Singapore s announcement to launch a S$5-million Singapore-ASEAN Youth Fund at the ASEAN Ministerial Meeting on Youth on 26 April 2007, which aims to foster greater

73 61 understanding and friendship amongst the youth of the region through its support of ASEAN youth projects. We agreed to harness the capabilities, talents and potentials of the youth so that they could contribute more to ASEAN. We were encouraged by the interest of Dialogue Partners to undertake youth and student exchange programmes with ASEAN as a way of promoting cross-cultural understanding. Science and Technology 59. We commended the initiative to strengthen science and technology cooperation between ASEAN and the Dialogue Partners, such as Australia, China, India, Japan, the Republic of Korea and New Zealand, through the holding of informal ministerial consultations held on August 2006 in Kuantan, Malaysia. We also welcomed the efforts of ASEAN and the U.S. to forge dynamic and effective cooperation among scientific and technological organisations and individual scientists and technical experts in these countries through the establishment of the ASEAN-U.S. Science and Technology Agreement, which will be signed soon. We also look forward to the establishment of the ASEAN-India Science and Technology Development Fund, which will promote collaborative research and development activities between ASEAN and India. Rural Development and Poverty Eradication 60. We welcomed the development of the ASEAN Millennium Development Compact (AMDC) during the 5th ASEAN Ministerial Meeting on Rural Development and Poverty Eradication (5th AMRDPE) in Bangkok in January We looked forward to the adoption of the AMDC during the next Senior Officials Meeting on Rural Development and Poverty Eradication (SOMRDPE) in Singapore next year to pursue the priority projects under the ASEAN Framework Action Plan on Rural Development and Poverty Eradication in order to improve the economic conditions of people living in the rural areas. Culture and Information 61. We acknowledged the significance of a number of projects and activities that were implemented in the culture and information sectors to promote the rich and vast cultures of ASEAN and raise the level of ASEAN awareness among the peoples of ASEAN. We recognised the contribution of the ASEAN Committee on Culture and Information (COCI) in the implementation of these projects and activities. We supported the formulation of an ASEAN Communications Plan under the purview of the ASEAN Ministers Responsible for Information (AMRI) to promote ASEAN to the people in and outside the region. We underscored the importance of having more television programs about ASEAN in Member Countries as a communication tool to promote cross-cultural understanding among the people of ASEAN. EXTERNAL RELATIONS 62. We stressed the important role and contributions of our Dialogue Partners, namely Australia, Canada, China, the European Union (EU), India, Japan, New Zealand, the Republic of Korea, the Russian Federation, and the United States of America, in the building of an ASEAN Community. We were pleased with the progress in our cooperation with our Dialogue Partners over the past year and committed to moving these partnerships forward. We discussed regional and international issues that were of interest to ASEAN and our Dialogue Partners. 63. We looked forward to the signing of the Joint Declaration of the ASEAN-Australia Comprehensive Partnership on 1 August 2007 and the early finalization of the Plan of Action to Implement the Joint Declaration of the ASEAN-Australia Comprehensive Partnership ( ). We expressed confidence that the implementation of the Joint Declaration would further broaden and enhance ASEAN- Australia Dialogue Relations covering political and security, economic and socio-cultural cooperation. 64. We agreed to adopt the Second ASEAN-Canada Joint Cooperation Work Plan on 1 August We also agreed to work expeditiously to complete the Plan of Action to Implement the Nuremberg Declaration on an ASEAN-EU Enhanced Partnership. We welcomed the launch of the ASEAN-EU FTA negotiations, on a region-to-region basis, during the 8th ASEAN Economic Ministers and EU Trade Commissioner Consultations in Brunei Darussalam in May In this regard, we welcomed the convening of the ASEAN-EU Commemorative Summit in Singapore on 22 November 2007 to further deepen and enhance the partnership. 66. We welcomed the Russian Federation s initial contribution to the ASEAN-Russian Federation Dialogue Partnership Fund, which would pave the way for the implementation of joint ASEAN-Russia projects. We noted the progress in the drafting of the ASEAN-Russia Agreement on Cultural Cooperation, and looked forward to its signing by the Ministers Responsible for Culture and Arts at an appropriate time, which will promote exchange and cooperation in various cultural and artistic fields between ASEAN and the Russian Federation. 67. We welcomed the conferment of observer status to ASEAN at the UN General Assembly and other main bodies in December We recalled our decision during our ASEAN Foreign Ministers Retreat in Siem Reap in March 2007 to explore the possibility to upgrade our relations with the UN. In this regard, we looked forward to conclude the ASEAN-UN Cooperation Agreement as soon as possible. 68. We acknowledged the interest of Pakistan, currently an ASEAN Sectoral Partner, to become a Full Dialogue Partner. We looked forward to implementing more cooperation projects and strengthening ASEAN-Pakistan relations. Towards this end, we welcomed the contribution from Pakistan to the ASEAN-Pakistan Cooperation Fund. 69. We were encouraged by the interest expressed by countries and regional and international organisations to forge relations with ASEAN. We agreed that ASEAN should work to promote greater interactions with those countries and organisations. 70. We took note that this year marks the 30th Anniversary of the establishment of ASEAN Dialogue Relations with the EU, the United States of America and Canada. We underscored the importance of these milestone events and agreed to conduct various commemorative activities in ASEAN and in the three Dialogue Partner countries this year. 71. We expressed satisfaction on the progress of partnership between ASEAN and the Plus Three Countries in the economic and financial area, particularly the multilateralisation of the Chiang Mai Initiative and expansion of the Asian Bond Market Initiative, as well as in new areas of cooperation, such as women, poverty alleviation, disaster management and minerals. We renewed our commitment to the ASEAN Plus Three process. We looked forward to the adoption of the Second Joint Statement on East Asia Cooperation and its accompanying Work Plan at the 11th ASEAN Plus Three Summit in

74 62 Singapore, to mark the Tenth Anniversary of ASEAN Plus Three Cooperation. We reaffirmed that the Second Joint Statement should provide strategic guidance for the future direction of the ASEAN Plus Three Cooperation in the next ten years. 72. We welcomed the entry into force of the ASEAN-Korea Free Trade Agreement in Goods (FTA) on 1 June 2007 and the progress made in the FTA negotiations with Australia, India, Japan and New Zealand, as well as negotiations on services and investment agreements with the Republic of Korea and the investment agreement with China. These expansions in economic ties with Dialogue Partners would contribute positively to the economic development of the region and complement ASEAN s own internal integration process. 73. We recalled the successful convening of the 2nd EAS in Cebu on 15 January 2007 and noted that the EAS has carved for itself an important niche as a Leaders-led forum for dialogue on broad strategic, political and economic issues of common interest. We reaffirmed our commitment to intensify our cooperation in the priority areas of energy security, education, finance, avian influenza, poverty alleviation and natural disaster mitigation. We welcomed the progress in the cooperation made thus far in energy security and the work done on other important proposals and ideas endorsed by the EAS Leaders in Cebu, in particular, in financial integration, the proposal for a Comprehensive Economic Partnership in East Asia, and the revival of the Nalanda University. We agreed that progress reports on these projects should be submitted to the next EAS in Singapore. We noted the preparation of the EAS Regional Financial Cooperation and Integration (RFCI) Workshop to be held in Jakarta on 10 September We noted the on-going 2nd Phase Study on the feasibility of establishing the East Asia Free Trade Area (EAFTA) and the commencement of the study of the Comprehensive Economic Partnership in East Asia (CEPEA) involving ASEAN, Australia, China, India, Japan, Korea, and New Zealand. We also noted the discussion among the experts on the establishment of the Economic Research Institute for ASEAN and East Asia (ERIA). DEVELOPMENTS IN MYANMAR 75. We took note of the briefing by Myanmar on the recent developments in the process of national reconciliation and peaceful transition to democracy as envisaged in the Roadmap to Democracy. We expressed concern on the pace of the national reconciliation process and urged Myanmar to show tangible progress that would lead to a peaceful transition to democracy in the near future. We welcomed the convening of the final session of the National Convention, which commenced on 18 July 2007, and we were encouraged by the assurances of Myanmar that the National Convention process will be completed within two months. We also expressed the hope that it would allow Myanmar to move to the next steps of the Roadmap. While recognizing the steps taken by the Myanmar Government to release the leader of the NLD, we continue to express concern on the detention of all political detainees and reiterate our calls for their early release. 76. We recognized the fact that Myanmar has tried to address the many and complex challenges she is facing. We reaffirmed our commitment to remain constructively engaged with Myanmar as part of building one caring and sharing regional community together. REGIONAL AND INTERNATIONAL ISSUES We exchanged views on the following issues: Timor-Leste 77. We congratulated Timor-Leste for the orderly and credible conduct of its presidential and parliamentary elections this year. We expressed confidence that the leadership of President Jose Ramos-Horta and the future Prime Minister of Timor-Leste would be able ensure the political and economic development of Timor-Leste, and enable the country to further deepen its relations with its neighbours in the region, especially with ASEAN Member Countries. Iraq 78. We voiced our deep concern over the continued instability in Iraq and reaffirmed our support for the Iraqi government and its efforts to ensure unity, security, stability, and prosperity in Iraq. Towards this end, we believe that the phased and calibrated withdrawal of foreign forces in Iraq, taking into account the conditions on the ground, will contribute towards bringing normalcy. We welcomed the outcomes of the international meetings in Baghdad and Sharm El-Sheikh towards expediting national reconciliation and reconstructions that is crucial to the attainment of peace, security and developments in Iraq. Middle East 79. We expressed deep concern over the situation in the Middle East and the need for substantial progress in the quest for a just, lasting and comprehensive peace in the Middle East. We welcomed the Quartet s reaffirmation of their commitments made in Lisbon on 19 July 2007 to bring an end to the Israeli-Palestinian conflict and to undertake serious efforts towards the establishment of an independent, democratic, and viable Palestinian state living side by side with Israel in peace and security, as a step towards a comprehensive, just, and lasting peace in the Middle East, consistent with the Roadmap and UN Security Council resolutions. We expressed hope that the Palestinians would be able to forge unity among themselves in pursuit of these objectives. 80. We also expressed concern over the report of the Director-General of the International Atomic Energy Agency (IAEA) in May 2007 that Iran had not suspended its enrichment related activities. We urged Iran to comply with all relevant UN Security Council resolutions and IAEA requirements and resolutions. We were encouraged by the outcome of the recent meetings between the European Union and Iran to find a way to restart dialogue between the Permanent Members of the UN Security Council plus Germany and Iran. We expressed hope that they will settle all issues standing in the way of negotiations towards a peaceful solution to the Iran nuclear issue. We welcomed Iran s decision to grant IAEA inspectors access to the pilot fuel enrichment plant in Natanz and view such decision as a significant confidence-building measure on Iran s part, with a view to allowing the IAEA to conclusively determine the exclusively peaceful nature of Iran s nuclear programme. The Ministers stressed the urgent need for a diplomatic solution and a comprehensive arrangement with Iran, while respecting Iran s right to peaceful nuclear energy under safeguards and in accordance with its obligations under the Non- Proliferation Treaty.

75 63 Korean Peninsula 81. We stressed that the denuclearization of the Korean Peninsula is essential in maintaining the peace and stability of the Asia Pacific region and expressed support for the peaceful resolution of the nuclear issue through dialogue and negotiation. 82. We welcomed the action taken by the Democratic People s Republic of Korea (DPRK) in shutting down the Yongbyon nuclear facility on 15 July 2007 and noted the report of the IAEA verifying the shutdown of the facility. We welcomed the announcement of the DPRK that it shall earnestly implement its commitments to a complete declaration of all nuclear programs and disablement of all nuclear facilities. We were pleased to learn that the DPRK is fully cooperative with the inspectors of the IAEA. 83. We reiterated our support for the Six-Party Talks and welcomed the agreements reached at the resumption of the latest round of talks from July 2007 in Beijing, China, that Parties will earnestly fulfil their commitments in the Joint Statement of 19 September 2005 and the agreement of 13 February This positive development should be utilized as a strong drive of efforts to promote sustainable peace and security in the region. We also stressed the importance of addressing the humanitarian needs in the DPRK. Afghanistan 84. The Ministers strongly condemned the abduction and brutal killing of innocent civilians in Afghanistan and urged the immediate release of all remaining hostages. World Trade Organisation (WTO) 85. We recalled the ASEAN Leaders declaration at the 12th ASEAN Summit calling for the resumption of the Doha Round. We reiterated ASEAN s preparedness to contribute constructively in all areas of the Doha negotiations, including the importance of the development dimension of the negotiations. We called on all WTO Members to push the Doha Development Agenda negotiations forward for the benefit of all Members, especially the developing Members. 86. We urged key members of the WTO to show the necessary leadership to hasten the negotiations and reiterated our commitment to support the efforts of the Chairs of the negotiating groups and the WTO Director-General to build consensus on an ambitious and balanced outcome. To this end, we strongly re-affirmed our commitment to a successful completion of the Doha round negotiations this year. 87. We reiterated our support for the early accession of Lao PDR into the WTO. We warmly congratulated Viet Nam s accession to the WTO as its 150th member. Cooperation with Regional Organisations 88. We agreed to pursue cooperation with other regional organisations that could complement ASEAN s objectives. We agreed to follow up on the results of the Meeting of the Foreign Ministers of ASEAN and the Gulf Cooperation Council (GCC) in September 2006 in New York, including the possible joint meeting of the Secretariats of ASEAN and the GCC and a study on the feasibility of having an ASEAN-GCC Free Trade Area. We further agreed to continue exploring concrete areas of cooperation with the Shanghai Cooperation Organisation in line with the decision of the Leaders at the 12th ASEAN Summit. We welcomed the interest of the League of Arab Nations to engage ASEAN and agreed to explore possible areas of cooperation between the two organizations. INSTITUTIONAL MATTERS Streamlining of ASEAN Meetings 89. We agreed to rationalise and streamline the ASEAN Summit and ASEAN Ministerial Meeting to improve the substance of those meetings and ensure the effectiveness of its deliberations by holding all ASEAN Post-Ministerial Conferences Plus One Sessions with our Dialogue Partners immediately after the annual ASEAN Ministerial Meetings starting from July 2008 in Singapore. We recommended that rationalization and streamlining of the meetings be also applied to ASEAN sectoral bodies. Secretary-General of ASEAN 90. We expressed appreciation for the outstanding stewardship and contribution of H.E. Ong Keng Yong to ASEAN as the Secretary- General of ASEAN for the period 2003 to We endorsed Thailand s nomination of Dr. Surin Pitsuwan, former Foreign Minister of Thailand, for consideration of our Leaders at the 13th ASEAN Summit for his appointment as the new Secretary-General of ASEAN for the period st AMM 91. We elected Singapore as the Chair of the 41st ASEAN Standing Committee and Thailand as the Vice-Chair. We look forward to the 41st ASEAN Ministerial Meeting / Post Ministerial Conferences / 15th ASEAN Regional Forum to be held in July 2008 in Singapore. Joint Statement of the ASEAN Foreign Ministers on the Observance of ASEAN Day Manila, Philippines, 30 July 2007 We, the ASEAN Foreign Ministers discussed the importance of building an ASEAN identity, promoting ASEAN awareness and bringing ASEAN into the consciousness of its people. We recognized the significant achievements of ASEAN over the last forty years. We also acknowledged that the active participation and support of the ASEAN people would be necessary and essential to the continuing and strengthening of ASEAN solidarity, friendship, and cooperation towards building an ASEAN Community by We agreed that the observance of ASEAN Day every 8th Day of August as a special day in all ASEAN Member Countries would significantly increase awareness and consciousness of ASEAN, as well as promote and establish an ASEAN identity, across the region. This region-wide celebration would stimulate Think, Feel and Act ASEAN activities and programmes.

76 64 We further agreed to recommend to the Leaders during the 13th ASEAN Summit in Singapore on 20 November 2007 to endorse the observance of ASEAN Day as a special day in all ASEAN Member Countries. EAS Statement on the ROK Hostages in Afghanistan Manila, Philippines, 31 July 2007 Joint Statement on the Commission for the Treaty on the Southeast Asia Nuclear Weapon-Free Zone Manila, Philippines, 30 July 2007 We, the Foreign Ministers of the State Parties to the Treaty of the Southeast Asia Nuclear Weapon Free Zone, met in Manila, the Philippines on 29 July 2007, to review the implementation of the Treaty and to consider a plan of action to further enhance cooperation among State Parties as well as non-states parties, particularly the Nuclear Weapon States. We conducted a thorough review of the implementation of the Treaty during the 10 years since it entered into force in We expressed appreciation for the ASEAN Secretariat s work in preparing the Stocktaking Paper on the Implementation of the SEANWFZ Treaty, and are pleased to note that the State Parties have abided by their responsibilities and obligations under the Treaty. We reaffirmed our commitment to further enhance and promote the Southeast Asia Nuclear Weapon-Free Zone and resolved to undertake the following measures under the Plan of Action for the period : Ensure compliance with our undertakings under the SEANWFZ Treaty, including accession to the International Atomic Energy Agency (IAEA) safeguards agreements and related instruments; Continue close consultations to pursue the accession of all five nuclear weapon states; Seek cooperation with the IAEA, other international and regional bodies, other Nuclear Weapon-Free Zones, Dialogue Partners and other friendly states, in developing legal framework to meet international standards on nuclear safety, establishing regional networks for early notification of nuclear accidents, developing a regional emergency preparedness and response plan and strengthening capacity building in the region on nuclear safety issues; Jointly draw up specific work programmes/projects to implement the Plan of Action. We expressed our appreciation to the Secretary of Foreign Affairs of the Philippines, H.E. Alberto G. Romulo, for organising and hosting the Meeting of the SEANWFZ Commission and for ably steering, as Chairman of the Commission, the conduct of the review of the SEANWFZ Treaty and the adoption of the Plan of Action for the SEANWFZ for We welcomed the election of the Minister for Foreign Affairs of Singapore, H.E. George Yeo, as the incoming Chairman of the Commission of the SEANWFZ on 30 July 2007 and expressed our confidence that the Plan of Action to Strengthen the implementation of the Treaty on the Southeast Asia Nuclear Weapon-Free Zone would be vigorously pursued under his able chairmanship. The Foreign Ministers of the participating states of the East Asia Summit exchanged views on the situation in Afghanistan and expressed deep concern over the recent sad turn of events concerning the abduction of innocent citizens of the Republic of Korea. The Foreign Ministers expressed their deepest sympathy to the bereaved families, people, and government of the Republic of Korea for the unjustifiable killing of two Korean citizens. For humanitarian reasons, they issued an appeal for the immediate and unconditional release of the remaining hostages to enable them to reunite with their loved ones. Chairman s Press Statement for the ASEAN Post Ministerial Conferences Manila, Philippines, 1 August The ASEAN Post Ministerial Conference (PMC)+1 Sessions with ASEAN s six Dialogue Partners, namely, Australia, Canada, the European Union, New Zealand, the Russian Federation, and the United States, and the ASEAN PMC+10 Working Lunch were held in Manila on 1 August Australia 2. The ASEAN PMC+1 with Australia was co-chaired by H.E. Nittya Pibulsonggram, Minister for Foreign Affairs of Thailand, and H.E. Alexander Downer Minister of Foreign Affairs of Australia. The Meeting welcomed the signing of the Joint Declaration on ASEAN- Australia Comprehensive Partnership on 1 August 2007, which affirms ASEAN and Australia s intention to pursue an action-oriented and forward-looking partnership in the areas of political-security, economic, socio-cultural and development cooperation. 3. The Meeting noted that ASEAN and Australia were finalizing the draft Plan of Action to implement the ASEAN-Australia Comprehensive Partnership to be adopted possibly on the sideline of the 3rd East Asia Summit in Singapore in November Canada 4. The ASEAN PMC+1 with Canada was co-chaired by H.E. Le Cong Phung, Deputy Minister of Foreign Affairs, and H.E. Leonard Edwards, Deputy Minister of Foreign Affairs of Canada. The Meeting adopted the ASEAN-Canada Joint Cooperation Work Plan, which outlines cooperation in priority areas, such as counter terrorism and transnational crime, economic cooperation, health security, interfaith dialogue, and technical assistance and capacity building with the ASEAN Secretariat.

77 65 5. ASEAN reiterated its call on Canada to accede to the Treaty of Amity and Cooperation (TAC) in Southeast Asia. Canada responded that it would positively consider the request. European Union 6. The ASEAN PMC+1 with the European Union (EU) was co-chaired by H.E. HOR Namhong, Deputy Prime Minister and Minister for Foreign Affairs and International Cooperation of Cambodia, and H.E. Dr. Javier Solana, Secretary-General of the Council of the European Union and the High Representative for Common Foreign and Security Policy. 7. The Meeting looked forward to the convening of the ASEAN-EU Commemorative Summit in Singapore in November The Meeting welcomed EU s pronouncement that it would invite as many EU Leaders as possible for this event. 8. The Meeting called for the early finalization of the draft Plan of Action to implement the Nuremberg Declaration on ASEAN-EU Enhanced Partnership. 9. ASEAN welcomed EU s readiness to accede to the Treaty of Amity and Cooperation (TAC) in Southeast Asia as soon as the necessary Protocol to the Treaty is agreed upon. New Zealand 10. The ASEAN PMC+1 with the New Zealand was co-chaired by H.E. U Nyan Win, Minister for Foreign Affairs of the Union of Myanmar, and H.E. Winston Peters, Minister of Foreign Affairs and Trade of New Zealand. The Meeting called for the continued implementation of the ASEAN-New Zealand Framework Cooperation and the convening of more frequent Dialogue meetings between ASEAN and New Zealand to strengthen their Dialogue Relations. 11. The Meeting welcomed the progress in the negotiations for ASEAN- Australia/New Zealand Free Trade Area. Russian Federation 12. The ASEAN PMC+1 with the Russian Federation was co-chaired by H.E. Alberto G. Romulo, Secretary of Foreign Affairs of the Republic of the Philippines, and H.E. Sergey Lavrov, Minister of Foreign Affairs of the Russian Federation. The Ministers agreed to renew efforts in implementing the ASEAN-Russia Comprehensive Program of Action to Promote Cooperation to further enhance dialogue relations. 13. The Meeting welcomed the ratification by all ASEAN Member Countries and the Russian Federation of the Terms of Reference (TOR) of ASEAN-Russia Dialogue Partnership Financial Fund (DPFF) and the ASEAN-Russia Joint Cooperation Committee (ARJCC). United States of America 16. The ASEAN PMC+1 with the United States of America (U.S.) was co-chaired by H.E. George Yong-Boon Yeo, Minister of Foreign Affairs of Singapore, and H.E. John Negroponte, Deputy Secretary of State of the U.S. The Meeting expressed understanding on Secretary of State Condoleezza Rice s inability to attend the PMC+1 Session. 17. The Meeting highlighted the key role of the U.S. in the region. The U.S. assured the Meeting that the ASEAN-U.S. Commemorative Summit will be held at an agreed date in the near future. 18. ASEAN encouraged the U.S. to accede to the TAC. The U.S responded that it would positively consider the proposal. 19. ASEAN and the U.S. looked forward to the signing of the ASEAN- U.S. Science and Technology Agreement this year. ASEAN Post Ministerial Conference+10 Working Lunch 20. The ASEAN PMC+10 Working Lunch was chaired by H.E. Alberto G. Romulo, Secretary of Foreign Affairs of the Republic of the Philippines. All Foreign Ministers and Representatives of ASEAN Member Countries and the ten ASEAN Dialogue Partners, namely, Australia, Canada, China, the European Union, India, Japan, the Republic of Korea, New Zealand, the Russian Federation, the U.S., and the Secretary-General of ASEAN, were present. 21. The Meeting discussed regional and international developments. The Meeting recognized the importance of increasing the international community s efforts to counter terrorism, promote energy security, and prevent pandemics. 22. The Meeting welcomed the positive developments in the Six-Party Talks and expressed hope that these would lead to the denuclearization of the Korean Peninsula and the normalization of relations between the Democratic People s Republic of Korea and the U.S. and Japan. 23. The Meeting highlighted the problems of environment and climate change and the need to support various initiatives to address these challenges. The Meeting expressed support for the convening of the 13th Conference of Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC) and the 3rd Meeting of Parties (MOP) of the Kyoto Protocol to be held in Bali on 3-14 December The Meeting called for the release of hostages in Afghanistan without conditions. 14. The Meeting expressed appreciation for Russia s contribution to the ASEAN-Russia Dialogue Partnership Financial Fund (DPFF). The Meeting looked forward to the launching of joint ASEAN-Russia projects. 15. The Meeting called for the early finalization of the ASEAN-Russia Agreement on Cultural Cooperation to enhance greater exchanges between ASEAN and Russia in the various cultural fields.

78 66 ASEAN Defence Ministers Meeting (ADMM) Protocol to the Concept Paper for the Establishment of the ASEAN Defence Ministers Meeting (ADMM) I. Historical Antecedents Singapore, 14 November The Bangkok Declaration of 08 August 1967 established the Association of Southeast Asian Nations (ASEAN) with the aim of accelerating the economic growth of the Member Countries as the foundation of continued peace and stability in the region. In 1971, the foreign ministers of the founding members of ASEAN signed the Kuala Lumpur Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) which was primarily meant to guarantee the stability of the region. On 24 February 1976, the founding members signed the Treaty of Amity and Cooperation (TAC) enshrining the fundamental principles of mutual respect for each other s sovereignty, freedom from external interference, non-interference in the internal affairs of another member, pacific settlement of disputes, renunciation of threat or use of force, and effective cooperation in the relations between and among its members. Later amendments of the TAC led to its accession by other Southeast Asian countries and opened the same to accession by non-asean members. 2. The fundamental principles of cooperation and good neighborliness enshrined in the TAC have since become the norm in the relations among the nations in Southeast Asia as well as in ASEAN s relations with its friends and Dialogue Partners. The ASEAN Concord I (Bali Concord I) envisaged cooperation among the member states in security matters in accordance with their mutual needs and interests. In 2003, ASEAN adopted the Declaration of ASEAN Concord II (Bali Concord II) seeking to establish a dynamic, cohesive, resilient and integrated ASEAN Community by 2020, which was later accelerated to 2015 by the ASEAN Leaders at the 12th ASEAN Summit in Cebu on January 13, Bali Concord II envisioned the establishment of an ASEAN Community with ASEAN Security Community, ASEAN Economic Community and ASEAN Socio-Cultural Community as its three pillars. 3. The following year, the Vientiane Action Programme (VAP) outlined, among others, the priority programs to realize the vision of an ASEAN Security Community. One of the action programs of the VAP is the establishment of an annual ASEAN Defense Ministers Meeting (ADMM). The ADMM is to facilitate the interactions between the defense and military officials of ASEAN Member Countries and develop practical cooperation among them in the field of defense and security with the purpose of, among others, strengthening confidence-building measures through increased opportunities for exchanges and interactions. 4. The inaugural meeting of the ASEAN Defense Ministers, held on 09 May 2006 in Kuala Lumpur, responded to a long felt need and marked the formal inclusion of defense and military interactions within the framework of ASEAN. The Concept Paper adopted at the inaugural ADMM views the establishment of the ADMM as complementing II. other regional efforts that promote security dialogue and cooperation. The ADMM, as the highest ministerial defense and security consultative and cooperative mechanism within ASEAN, puts under its purview existing and future defense and military meetings among ASEAN Member Countries and between ASEAN, its friends and Dialogue Partners. Highest Ministerial Body for Defense Dialogue and Cooperation within ASEAN 5. The ADMM elevates existing defense and military interactions to a higher plane from confidence-building initiatives to tangible defense and security cooperation within the ASEAN framework. It is the main driver for defense dialogue and cooperation within the Southeast Asian region. It provides a process for developing cooperative mechanisms in the fields of defense and security that promote ASEAN s norms of dialogue and consensus-based decision making. 6. As an established process of defense and security dialogue and cooperation, the ADMM is structured within the ASEAN framework with clearly defined lines of consultation, coordination and reporting (Annex A Draft ADMM Organizational Structure). 7. The ADMM shall be the apex of all defense-related meetings within the ASEAN framework. As such, existing and future ASEAN defenserelated meetings and activities among the ASEAN Member Countries shall be under the purview of the ADMM. 8. Current military-to-military interactions outside the ASEAN framework such as the ASEAN Chiefs of Defense Force Informal Meetings (ACDFIM), ASEAN Chiefs of Army Multilateral Meeting (ACAMM), ASEAN Air Force Chiefs Conference (AAFCC), ASEAN Navy Interaction (ANI) and the ASEAN Military Intelligence Informal Meeting (AMIIM) shall convene annually under the guidance of the ADMM. The ACDFIM shall take place after all the meetings of the Service Chiefs. The ACDFIM shall take stock of all military-tomilitary cooperation within the ASEAN and report the same to the ADMM. 9. The ADMM shall be held prior to or back to back with the ASEAN Summit. As the need arises and upon consensus, the ADMM may hold an ADMM Retreat to discuss defense and security matters in a private and informal setting. Until the ADMM adopts its own rules for the conduct of its meetings and activities, the ADMM shall adhere, as far as practicable, to established ASEAN Protocol and Practices. 10. As all ASEAN defense and military dialogue and cooperation shall be under the purview of the ADMM, the ASEAN Senior Defense Officials Meeting (ADSOM) shall prepare an ADMM Annual Indicative Calendar of Activities and recommend the same for adoption by the ADMM (Annex B - Draft ADMM Indicative Calendar for 2007). III. Institutional Framework for Dialogue and Cooperation 11. The ADMM shall report directly to the ASEAN Summit. As an integral part of ASEAN, the ADMM shall work closely with the ASEAN Ministerial Meeting, and other ASEAN ministerial bodies and ASEAN sectoral organizations at the ministerial level. 12. The ADMM shall be supported by the ADSOM which is tasked to facilitate the work of the ADMM. The ADSOM shall be the main coordinating mechanism for the different defense and military

79 67 interactions. It shall oversee the conduct of regular interactions, the ADSOM Working Group, and the Task Groups that may be organized to focus on specific matters. The ADSOM shall work closely with the ASEAN Senior Officials Meeting (ASEAN SOM), other ASEAN Senior Official bodies, other ASEAN sectoral, subsidiary and ancilliary bodies and the ASEAN Secretariat. The ADSOM Working Group shall be the working-level committee of the ADSOM. 13. Consistent with the goals and objectives of the ADMM as stated in the Concept Paper, the Declaration of ASEAN Concord II and the Vientiane Action Programme , the ADSOM shall prepare an ADMM Three-Year Work Programme and recommend the same for adoption by the ADMM (Annex C Draft ADMM Three- Year Work Programme). This work programme, an evolving document, shall be adopted by the ASEAN Defense Ministers and can be subject to further review. 14. Recognizing that the ASEAN Security Community subscribes to the principle of comprehensive security, defense and security cooperation shall involve the ADMM and other ASEAN ministerial bodies and sectoral organizations. Accordingly, the ADMM may discuss practical cooperation in traditional and non-traditional security concerns; transnational and transboundary security challenges including maritime security; disaster relief and emergency response; and peacekeeping, post-conflict peace-building and humanitarian assistance, among other areas of cooperation. The ADSOM shall ensure that defense and security cooperation in these areas add value to achieving the fundamental objectives of ASEAN and complement the work of other ASEAN ministerial bodies and sectoral organizations. 15. Acknowledging the need to build bridges between the public sector and other sectors of society within and outside the ASEAN to facilitate a synergy of experience, expertise and resources available for the attainment of an ASEAN Security Community, the ADMM shall support the holding of Track Two activities, including the holding of academic conferences, workshops and seminars on defense and security issues and challenges. IV. Engaging ASEAN Friends and Dialogue Partners 16. The ADMM recognizes that the development of the ASEAN Security Community is open, flexible and outward-looking. The ADMM shall actively engage ASEAN friends and Dialogue Partners in dialogue and cooperation on defense and security matters, through an ADMM- Plus process, at a pace comfortable to all ASEAN Member Countries, while respecting the principles of consensus-based decision making, independence, sovereignty and non-interference in internal affairs. Concept Paper of the ASEAN Defence Ministers Meeting Plus (ADMM-Plus) Introduction Singapore, 14 November The establishment of the ASEAN Defence Sectoral body. The ASEAN Defence Ministers Meeting (ADMM) in Kuala Lumpur on 9 May 2006 was a historic and significant milestone in ASEAN s evolution. For the first time since the formation of ASEAN, the ASEAN Defence Ministers came together in a formal meeting. This inaugural ADMM established the ASEAN Defence Sectoral body as an independent track reporting directly to the ASEAN Heads of State/Government. It is testimony to ASEAN s maturity and readiness to collectively address regional security issues through open and constructive dialogue, and through practical cooperation. The establishment of the ASEAN defence sectoral takes ASEAN one step closer towards the realisation of an ASEAN Security Community a vision the ASEAN Heads of State/Government envisaged when they adopted the Declaration of ASEAN Concord II (Bali Concord II) in The benefits of an open and inclusive security framework. Over the last few years, the political and security environment of the Asia- Pacific region has changed significantly. We now face a set of complex transnational security challenges on traditional and nontraditional security issues, such as terrorism and humanitarian assistance and disaster relief. Cooperation between countries, both within ASEAN and with countries in the larger Asia-Pacific, is required to address these challenges for the benefit of ASEAN countries. At the same time, non-asean countries are also keen to engage ASEAN in the area of defence and security. Open and inclusive multilateral security frameworks are needed to facilitate the channels of communication and cooperation, both within ASEAN and between ASEAN and countries outside Southeast Asia. 3. Our engagement of extra-regional countries is for the benefit of ASEAN. The purpose is to bring expertise, perspectives and resources from extra-regional countries to bear on shared security challenges. At all times, ASEAN countries should collectively weigh the benefits of engaging extra-regional countries. 4. This Concept Paper sets out the principles and broad modalities in the event that the ADMM-Plus is established. The ADMM shall move forward in engaging ASEAN s friends and Dialogue Partners with the consent of all ASEAN member countries at a time deemed appropriate. The ADMM-Plus will be established when there is consensus amongst ASEAN countries, and at a pace comfortable to all. The principles serve to guide the evolution of the ADMM-Plus while maintaining flexibility on the timing of its actual establishment. Objectives for Establishing an ADMM-Plus 5. Formal supporting documents. The Concept Paper for the Establishment of an ADMM, which the ASEAN Defence Ministers adopted at the inaugural ADMM on 9 May 2006, stated that the ADMM shall be open, flexible and outward-looking in actively engaging ASEAN s friends and Dialogue Partners in promoting peace and security in the region. Pursuant to this, the Protocol to the ADMM Concept Paper calls for the establishment of an ADMM-Plus to facilitate the ADMM s engagement of ASEAN s friends and Dialogue Partners. 6. In its efforts to engage ASEAN s friends and Dialogue Partners, the ADMM-Plus shall have the following objectives: a. To benefit ASEAN member countries in building capacity to address shared security challenges, while cognisant of the differing capacities of various ASEAN countries. b. To promote mutual trust and confidence between defence establishments through greater dialogue and transparency.

80 68 c. To enhance regional peace and stability through cooperation in defence and security, in view of the transnational security challenges the region faces. d. To contribute to the realisation of an ASEAN Security Community which, as stipulated in the Bali Concord II, embodies ASEAN s aspiration 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. e. To facilitate the implementation of the Vientiane Action Programme, which calls for ASEAN to build a peaceful, secure and prosperous ASEAN, and to adopt greater outward-looking external relation strategies with our friends and Dialogue Partners. Principles for an ADMM-Plus 7. The ASEAN Vision 2020 adopted by our Heads of State/Government on 15 December 1997 in Kuala Lumpur envisaged an outward-looking ASEAN that plays a pivotal role in the international fora. Our Heads of State/Government also envisioned ASEAN having an intensified and mutually beneficial relationship with its friends and Dialogue Partners based on equal partnership and mutual respect. In line with this vision, the ADMM agrees that the ADMM-Plus shall be guided by the following principles: a. ASEAN is at the centre of the ADMM-Plus. ASEAN shall be the primary driving force in the ADMM s interactions with ASEAN s friends and Dialogue Partners. b. The ADMM-Plus will uphold ASEAN s principles of noninterference, consensus-based decision making, national and regional resilience and respect for national sovereignty. It is a defence and security forum, not a military alliance. c. The ADMM-Plus needs to be open and inclusive. ASEAN s friends and Dialogue Partners are welcome and have a role to play in contributing constructively to the ADMM s efforts in promoting security and stability in the region. d. Cooperation within the ADMM-Plus should be based on mutual respect and be in accordance with international law. Measures to enhance regional security should be respectful of each country s sovereignty, conform to international norms of behaviour, and sustain the international institutions and laws that underpin a stable international order. e. The ADMM-Plus is guided by a spirit of fostering collective responsibility through the development of common understanding on security issues. The security and prosperity of all countries are closely intertwined. No single country has the resources to deal with the range of transnational security challenges alone. A collective and cooperative approach is required. f. The ADMM-Plus shall be an integral part of the ADMM. The ADMM-Plus should aim to add value and complement the ADMM. It will be established as part of the formal ADMM. b. Applications to participate in the ADMM-Plus shall be submitted to the Chair of the ADMM who will then consult the other members of the ADMM. The ADMM shall only invite extraregional countries to the ADMM-Plus upon the consensus of all ASEAN countries. c. The ADMM-Plus should be held back to back with the ADMM, where appropriate. d. The Chairmanship of the ADMM-Plus shall follow the Chairmanship of the ADMM. Retreats, special or emergency meetings of the ADMM-Plus may be held as necessary. e. The ADMM, as the driving force of the ADMM-Plus, shall report to the Heads of State/Government on the outcomes of the ADMM-Plus. f. The ADSOM shall take the lead in the preparations for the ADMM-Plus and its activities. The ADMM-Plus may set up a working group on specific issues as appropriate. g. The ADMM agrees that a working group on the ADMM-Plus reporting to the ADSOM shall be set up to finalise the modalities of the ADMM-Plus. h. The processes of the ADMM-Plus shall be consistent with those of other related ASEAN processes in the ASEAN Security Community. Conclusion 9. Over the years, ASEAN has taken significant steps to transform itself to meet the challenges arising from the changing strategic environment. The Bali Concord II, adopted by our Heads of State/ Government in 2003, envisions an ASEAN Community that is dynamic, resilient and outward-looking. The ASEAN Charter, of which ASEAN member countries are working towards adoption by our Heads of State/Government at the Singapore Summit in November 2007, will be a significant step towards our vision of an ASEAN Community. The Charter will strengthen ASEAN s credibility and internal processes, acting as the platform to build ASEAN s linkages with the world. 10. Like ASEAN as a whole, the ADMM also needs to be plugged into the external environment. We have to actively engage friends and Dialogue Partners from outside our region as ASEAN s future is increasingly intertwined with that of the larger Asia-Pacific region. By plugging ourselves into the external environment, the ADMM- Plus will allow us to draw on the varied perspectives and resources of a wide range of non-asean countries in addressing the security challenges of our region. A combination of cohesiveness amongst ASEAN countries and active external engagement will enhance ASEAN s resilience, and enable ASEAN to position itself to influence the development of constructive relationships between the major powers. This is necessary for peace and security in the region. Modalities for an ADMM-Plus 8. The ADMM-Plus shall have the following modalities: a. The ADMM shall determine the areas and levels of interaction with defence establishments of extra-regional countries.

81 69 Joint Declaration of the ASEAN Defence Ministers on Enhancing Regional Peace and Stability Singapore, 14 November 2007 WE, the Defence Ministers of the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s Democratic Republic, Malaysia, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam and the Deputy Defence Ministers of Brunei Darussalam and the Union of Myanmar, gathered here in Singapore, on 14 November 2007 for the second ASEAN Defence Ministers Meeting (herein after referred to as ADMM ); RECALLING the inaugural ADMM in Kuala Lumpur on 9 May 2006, which laid the foundation for the establishment of the ASEAN defence track responsible for defence and security cooperation among ASEAN member countries and which was regarded as a historic event in the evolution of ASEAN; RECALLING further the ADMM Retreat in Bali on 24 March 2007, as an expression of the ASEAN Defence Minister s collective commitment to build bonds of mutual trust and confidence, which is vital in promoting regional peace and stability; REAFFIRMING the ADMM s commitment to contribute to the establishment of an ASEAN Security Community (or ASC) as stipulated in the Declaration of ASEAN Concord II (Bali Concord II) signed by the ASEAN Heads of State/Government at the 9th ASEAN Summit held in Bali, Indonesia, on 7 October 2003, and to promote the implementation of Vientiane Action Programme and its successor programme on the ASC; REAFFIRMING that the ASEAN Security Community embodies ASEAN s aspirations to bring ASEAN s political and security cooperation to a higher plane to ensure that ASEAN Member Countries live at peace with one another and with the world at large; ENDEAVOURING to implement our Heads of State/ Government s decision during the 12th ASEAN Summit held in Cebu, Philippines, on 13 January 2007, to accelerate the establishment of an ASEAN Community, including the ASEAN Security Community, by 2015; REITERATING that the ADMM is the highest ministerial defence and security consultative and cooperative mechanism which shall report directly to the ASEAN Heads of State/ Government; RECOGNlSlNG the establishment of the ASEAN Defence Senior Officials Meeting (ADSOM) and the ADSOM Working Group to support and report to the ADMM as well as implement the ADMM s directions; EXPRESSING satisfaction that the ASEAN militaries have achieved notable progress in building trust and confidence through a number of meetings and activities, namely the ASEAN Chiefs of Defence Force Informal Meeting, ASEAN Chiefs of Army Multilateral Meeting, ASEAN Navy Interaction, ASEAN Air Force Chiefs Conference and ASEAN Military Intelligence Informal Meeting; CONSISTENT with the goals and objectives contained within the ASEAN Security Community and the Concept Paper for the Establishment of an ADMM; DO HEREBY DECLARE TO: 1. Adopt the Philippines-initiated Protocol to the Concept Paper for the Establishment of an ADMM, which outlines the institutional framework for the ADMM; 2. Adopt a Three-Year Work Programme, which sets the priorities for ASEAN defence and security dialogue and cooperation, and guides the conduct of activities in the timeframe of ; 3. Adopt the ADMM-Plus Concept Paper, which guides the ADMM s engagement of ASEAN s friends and Dialogue Partners; 4. Promote regional peace and stability through dialogue and cooperation in defence and security matters with a view towards enhancing security cooperation; 5. Enhance mutual trust and confidence through greater understanding of defence and security challenges as well as enhancement of transparency and openness; 6. Uphold ASEAN s principles of non-interference, consensus-based decision making, national and regional resilience and respect for national sovereignty; 7. Strengthen cooperation amongst the ASEAN militaries through practical and concrete cooperative activities such as seminars, workshops, training and exercises, on a voluntary basis and taking into account the differing capacities of ASEAN member countries, with a view to enhancing ASEAN s capacity to address transnational security challenges; 8. Strengthen ASEAN s and the ADMM s role as the primary driving force in developing relations with ASEAN s friends and Dialogue Partners, with a view to ensure enduring peace and stability in the region; 9. Deepen interactions and cooperation with ASEAN s friends and Dialogue Partners through the establishment of among others, the ADMM-Plus at a pace comfortable to all ASEAN countries; and 10. Commit to contribute to the realisation of an ASEAN Security Community that is open, dynamic, and resilient by DONE at Singapore on the Fourteenth Day of November in the Year Two Thousand and Seven, in a single original copy in the English Language. For Brunei Darussalam: PEHlN DATU SINGAMANTERI COLONEL (Rtd) DATO SERl PADUKA HAJl MOHAMMAD YASMIN BIN HAJl UMAR Deputy Minister of Defence For the Kingdom of Cambodia: GENERAL TEA BANH Deputy Prime Minister and Minister of National Defense For the Republic of Indonesia: JUWONO SUDARSONO Minister of Defence For the Lao People s Democratic Republic: LIEUTENANT GENERAL DOUANGCHAY PHICHIT Deputy Prime Minister and Minister of National Defence

82 70 For Malaysia: DATO SRI MOHD NAJIB TUN RAZAK Deputy Prime Minister and Minister of Defence For the Union of Myanmar: MAJOR GENERAL AYE MYlNT Deputy Minister for Ministry of Defence For the Republic of the Philippines: GILBERTO C. TEODORO JR. Secretary of National Defense For the Republic of Singapore: TEO CHEE HEAN Minister for Defence For the Kingdom of Thailand: GENERAL BOONRAWD SOMTAS Minister of Defence For the Socialist Republic of Viet Nam GENERAL PHUNG QUANG THANH Minister of National Defence ASEAN Ministerial Meeting on Transnational Crime (AMMTC) Joint Communiqué of the 6 th ASEAN Ministerial Meeting on Transnational Crime (AMMTC) Bandar Seri Begawan, Brunei Darussalam, 6 November We, the ASEAN Ministers overseeing the issues of transnational crime, gathered on 6 November 2007 in Bandar Seri Begawan, to strengthen our commitment to enhance cooperation on combating transnational crime. The Meeting was preceded by a Preparatory Senior Officials Meeting for the 6th AMMTC held on 5 November We laud the consolidated efforts reflected at various ASEAN Meetings responsible for transnational crime issues, which, inter alia, reaffirm ASEAN s strong commitment in fighting against the menace and growing danger of transnational crime. 3. We are encouraged by the signing of the ASEAN Convention on Counter Terrorism by the ASEAN Leaders at the 12th ASEAN Summit in January 2007 in Cebu, the Philippines. We urge all Member Countries to take necessary steps to ratify the Convention as soon as possible. 4. We noted with appreciation the efforts made by our Senior Officials on Drug Matters in achieving Drug-Free ASEAN 2015 and endorsed the Report on Vision, Benchmarks and Recommendation Towards Achieving Drug-Free ASEAN In this context, we tasked the ASEAN Senior Officials on Drug Matters to determine specific targets and timeline to its Work Plan and report on progress of its implementation to the next AMMTC. 5. We also agreed that in achieving a Drug-Free ASEAN 2015 within the broader ASEAN community, cross sectoral linkages among existing regional and extra-regional mechanisms need to be further strengthened and coordinated. Specific areas where this should be done include strengthening regional framework, mainstreaming drug concerns in other relevant ASEAN bodies, and supporting and sustaining alternative development efforts. 6. We held a Retreat to candidly exchange views, and agreed on the need for a more feasible and substantive line of communication amongst our relevant national agencies for the expeditious and functional exchange of intelligence and information. We also note with appreciation the points of communication mechanisms established amongst ASEAN Member Countries. 7. We recognised the increasing trend of the offences of trafficking in persons in our region. In this regard, we agreed to explore the possibility of developing an ASEAN Convention on Trafficking in Persons and tasked SOMTC and its Working Group on Trafficking in Persons to further study the possibility of such a convention and whether it will add value. 8. We recognised the need to maintain highest alert and vigilance and refrain from being complacent when dealing with the growing linkages of transnational crime, and the increasing sophistication of their modus operandi. Furthermore, we agreed to continuously devise innovative ways and means to cope with the multifaceted and ever changing threats of transnational crime issues. 9. We agreed to further strengthen the existing networking of law enforcement agencies and facilitate further cooperation and coordination through the establishment of a dedicated national focal point in each ASEAN Member Country. In this respect, we agreed to establish hotline networks among designated Senior Officials. 10. We also recognized the need to build-up capacity and equipment for our law enforcement officers, especially in English language and computer skills so as to cope more effectively with day to day work in dealing with transnational crime. We therefore called for intensive English language and investigation technique training for our law enforcement officers. 11. We further recognised the need to maximise the utilisation of the existing networks including e-ads and I-24/7 to strengthen information exchange, capacity building, policy and management of implementation efforts in Non-Traditional Security Issues between ASEAN Member Countries, ASEANAPOL and Interpol. 12. We took note with appreciation the briefing by the Chairman of the 27th ASEAN Chiefs of National Police Conference (ASEANAPOL) on police cooperation and activities in combating transnational crime in the region, in particular the newly established e-ads for information and intelligence sharing 13. We welcomed the determined efforts made towards enhanced and cohesive ASEAN Plus Three cooperation in combating transnational crime and looked forward to the convening of the Third ASEAN Plus Three Ministerial Meeting on Transnational Crime on 7 November 2007.

83 We welcomed the kind offer of the Kingdom of Cambodia to host the 7th ASEAN Ministerial Meeting on Transnational Crime in We expressed our profound gratitude to His Majesty the Sultan Yang Di-Pertuan of Negara Brunei Darussalam for graciously granting an audience to the Ministers and Senior Officials and his valuable advice in advancing cooperation in combating transnational crime. 16. We sincerely thanked the Government and the people of Brunei Darussalam for their warm and generous hospitality accorded to us and our respective delegations and the excellent arrangements for the Meeting. We also expressed our sincere appreciations to the ASEAN Secretariat for its invaluable assistance. ASEAN Regional Forum (ARF) Chairman s Statement of the 14 th ASEAN Regional Forum Manila, Philippines, 2 August The Fourteenth Meeting of the ASEAN Regional Forum (ARF) was convened on 2 August 2007 in Manila, the Philippines. The Meeting was chaired by H.E. Dr. Alberto G. Romulo, Secretary of Foreign Affairs of the Republic of the Philippines. 2. The Meeting was attended by the Foreign Ministers of all ARF Participants, as well as the European Union High Representative for Common Foreign and Security Policy. The Secretary-General of ASEAN was also in attendance. The List of Delegates appears as ANNEX A meeting of the defense and military officials attending the 14 th ARF was also held on 1 August 2007 in Manila. 4. The Ministers welcomed the admission of Sri Lanka as the 27 th Participant of the ARF and took note of its expressed commitment to contribute to the attainment of the ARF s goals and to abide by and subscribe to all the decisions and statements already made by the ARF. Overview of the ARF Process 5. The Ministers reaffirmed the importance of the ARF as the main multilateral political and security forum in the region and agreed to its further strengthening. The Ministers reiterated their support for ASEAN as the primary driving force of the ARF and encouraged the continued cooperation and contribution of all the ARF participants in moving the ARF process forward in its evolution toward the next stage of its development. 6. The Ministers noted with satisfaction the significant progress of the ARF and the role that it has played in enhancing political and security dialogue and cooperation as well as confidence building in the Asia- Pacific region. The Ministers agreed to continue to observe in good faith the basic principles of decision-making by consensus and noninterference. In this regard, the Ministers reaffirmed that the ARF should move forward at a pace comfortable to all. 7. The Ministers held comprehensive discussions on issues of common concern and stressed the need for the ARF to focus its deliberations on regional issues, particularly in the Asia-Pacific region, as well as international issues with regional and global impact. The Ministers recognized that the challenges facing the Asia Pacific region are becoming more complex and interrelated and require greater regional cooperation. Highlights of Discussions on Regional and International Security Issues 8. The Ministers expressed their support for and were gratified with the significant progress made in the implementation of the ASEAN Security Community Plan of Action under the Vientiane Action Programme adopted at the 10th ASEAN Summit. The Ministers emphasized the need to intensify security cooperation to preserve and further advance the region towards peace, stability, democracy, and prosperity. The Ministers also welcomed the successful convening of the First ASEAN Defense Ministers Retreat in Bali on March The Ministers reaffirmed the importance of the purposes and principles of the Treaty of Amity and Cooperation in Southeast Asia (TAC), which the ARF participants regard as an important code of conduct governing inter-state relations in Southeast Asia and for the promotion of cooperation, amity and friendship within Southeast Asia and between ASEAN and other ARF participants. The Ministers welcomed the accession of France and Timor-Leste to the TAC during the 12 th ASEAN Summit on 13 January The accession of Sri Lanka and Bangladesh to the TAC on 1 August 2007 is further testimony of the continued relevance of the TAC in contributing to regional peace, security and stability. The Ministers also hope for the early accession of the EU to the TAC. 10. The Ministers stressed that the denuclearization of the Korean Peninsula is essential in maintaining the peace and stability of the Asia Pacific region and expressed support for the peaceful resolution of the nuclear issue through dialogue and negotiation. 11. The Ministers welcomed the report of the International Atomic Energy Agency verifying the shutdown of the Yongbyon nuclear facility. The Ministers welcomed the announcement of the Democratic People s Republic of Korea that it shall earnestly implement its commitments to a complete declaration of all nuclear programs and disablement of all nuclear facilities. The Ministers reiterated their support for the Six Party Talks and welcomed the agreements reached at the Heads of Delegation Meeting of the Sixth Round of the Six Party Talks from July 2007 in Beijing, China that Parties will earnestly fulfill their commitments in the Joint Statement of 19 September 2005 and the agreement of 13 February 2007 in line with the principle of action for action. 12. The Ministers also emphasized the importance of addressing the issue of humanitarian and people concerns of the international community. 13. The Ministers exchanged views on the recent developments in Myanmar. The Ministers took note of the briefing by Myanmar on the recent developments in the process of national reconciliation and peaceful transition to democracy as envisaged in the Roadmap to Democracy. The Ministers expressed concern on the pace of the

84 72 national reconciliation process and urged Myanmar to show tangible progress that would lead to a peaceful transition to democracy in the near future. The Ministers welcomed the convening of the final session of the National Convention, which commenced on 18 July 2007, and were encouraged by the assurances of Myanmar that the National Convention process will be completed within two months. The also expressed the hope that it would allow Myanmar to move to the next steps of the Roadmap. The Ministers reiterated their calls for the early release of those placed under detention and for effective dialogue with all parties concerned. 14. The Ministers expressed their hope that Myanmar s efforts to deal with its many complex challenges would succeed so that Myanmar can effectively engage the international community, and in this regard the ARF would remain constructively engaged as required. 15. The Ministers welcomed the peaceful and successful conduct of the presidential and parliamentary elections in Timor Leste. Timor Leste expressed its appreciation for the international support it has received, including the monitoring of its elections. 16. The Ministers welcomed the briefing provided by the Thai Foreign Minister on the political developments in Thailand, including the drafting of its Constitution which has been completed and will be voted on at the referendum on 19 August The Ministers expressed their encouragement for general election in Thailand which is expected to be held by December The Ministers reaffirmed the continuing relevance of the Declaration on the Conduct of Parties in the South China Sea as a milestone document between ASEAN and China, embodying their collective commitment to ensure the peaceful resolution of disputes in the area. The Ministers acknowledged that the Declaration had been effective in building mutual trust and confidence among the claimants in the area and in maintaining peace and stability in the region. The Ministers expressed optimism for the need to intensify efforts to move forward the implementation of the Declaration and eventually conclude a Regional Code of Conduct in the South China Sea. 18. The Ministers encouraged the continued exercise of self-restraint by all the parties concerned and the promotion of confidence building measures in this area and welcomed their commitment to resolving disputes in the South China Sea by peaceful means in conformity with the spirit of the DOC and recognized principles of international law, including the United Nations Convention on the Law of the Sea (UNCLOS). 19. The Ministers recognized the security challenges facing the Pacific Island countries and the need for the international community to play a constructive role in ensuring political stability and socio-economic development, through better aid coordination among other means. 20. The Ministers expressed deep concern over the situation in the Middle East and the need for substantial progress in the quest for a just, lasting and comprehensive peace in the Middle East. The Ministers welcomed the Quartet s reaffirmation of their commitments made in Lisbon on 19 July 2007 to bring an end to the Israeli- Palestinian conflict and to undertake serious efforts towards the establishment of an independent, democratic, and viable Palestinian state living side by side with Israel in peace and security, as a step towards a comprehensive, just, and lasting peace in the Middle East, consistent with the Roadmap and UN Security Council resolutions. The Ministers expressed concern over the situation in the Middle East and the need for substantial progress in the quest for a just, lasting and comprehensive peace in the Middle East. The Ministers expressed support for the Quartet s reaffirmation of commitment to bring an end to the Israeli/Palestinian conflict and to work to lay the foundations for the establishment of an independent, democratic, and viable Palestinian state living side by side with Israel in peace and security, as a step towards a comprehensive, just, and lasting peace in the Middle East, consistent with the Roadmap, the Arab Peace Plan, and the related UN Security Council resolutions. The Ministers also welcomed recent call of President Bush on 16 July 2007 for an international meeting on the Israeli- Palestinian conflict and expressed hope that this meeting would provide diplomatic support for the bilateral discussions and negotiations between the parties with the aim of achieving progress on the path to a Palestinian state and an end to the conflict. 21. The Ministers expressed deep concern over the report of the Director- General of the International Atomic Energy Agency (IAEA) in May 2007 that Iran had not suspended its enrichment related activities. The Ministers urged Iran to comply with all relevant UN Security Council resolutions and IAEA requirements and resolutions. Ministers welcomed recent efforts by the European Union on behalf of the Permanent Members of the UN Security Council and Germany to begin negotiations with Iran. The Ministers stressed the urgent need for a diplomatic solution which addresses the concerns of the international community, while respecting Iran s right to peaceful use of nuclear energy under safeguards and in accordance with its obligations under the Non-Proliferation Treaty. 22. The Ministers voiced their concern over the situation in Iraq and reaffirmed their support for the Iraqi government and its efforts in pursuit of a secure, stable, prosperous, and unified Iraq. The Ministers welcomed the outcomes of the international meetings in Baghdad and Sharm El-Sheikh towards expediting national reconciliation and reconstruction that are crucial to the attainment of peace, security and development in Iraq. 23. The Ministers underlined their continued support for the peace and development of Afghanistan. Afghanistan s stability is crucial for the broader region and the Ministers encouraged ARF participants to consider exploring ways to engage with Afghanistan. 24. The Ministers expressed their solidarity with the people and government of the Republic of Korea and condemned the hostage taking of their nationals in Afghanistan and deplore in the strongest terms the brutal murder of two hostages. The Ministers called for the immediate, unconditional, and safe release of all hostages. The Ministers expressed their deepest sympathy for the family and friends of the murder victims. 25. The Ministers reaffirmed that terrorism, irrespective of its origins, motivations or objectives, constitutes a threat to all peoples and countries, and the common interest of the international community in ensuring peace, stability, security and economic prosperity. The Ministers also reiterated their strong condemnation of terrorism in all its forms and manifestations and agreed that terrorism should not be associated with any particular religion or ethnic group. The Ministers expressed support and further called for continued international efforts to promote and enhance dialogue and broaden the understanding among faiths, cultures, and civilizations. The Ministers also reaffirmed their commitment to prevent, suppress and eliminate international terrorism consistent with the Charter of the United Nations and other universally recognized international law.

85 The Ministers commended the signing of the ASEAN Convention on Counter Terrorism at the 12 th ASEAN Summit in Cebu, the Philippines, highlighting the commitment of ASEAN to eradicate terrorism. The Ministers also urged the implementation of the United Nations Global Counter Terrorism Strategy. The Ministers emphasized the need to continue the strengthening of the international legal foundation in countering terrorism and urged for the adoption without delay of the Comprehensive Convention on International Terrorism. 27. The Ministers also expressed support and called for continued cooperation among the regional centres on counter-terrorism such as the Southeast Asia Regional Centre for Counter-Terrorism (SEARCCT) in Kuala Lumpur, the International Law Enforcement Academy (ILEA) in Bangkok, and the Jakarta Centre for Law Enforcement Cooperation (JCLEC) in Semarang, Indonesia and the Regional Antiterrorist Structure (RATS) of the Shanghai Cooperation Organization (SCO). 28. The Ministers recognized that the illicit use of small arms and light weapons posed a serious threat to human security in every part of the world. The Ministers noted with satisfaction the ARF s strong commitment to work toward the implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons, as well as United Nations resolution 61/ The Ministers reaffirmed the importance of strengthening controls of the transfer of man-portable air defense systems (MANPADS), to help prevent these weapons being acquired or used by terrorist or other non-state groups. The Ministers noted that the proliferation of these weapons to non-state groups posed a threat to international civil aviation and to all countries in the region. 30. The Ministers welcomed the ARF s continued focus and dialogue on the issue of Maritime Security and reaffirmed the importance of addressing this issue within a cooperative framework that respects the rights of littoral states and the legitimate concerns of user states in accordance with international law. In this regard, the Ministers welcomed the holding of the ARF Maritime Security Shore Exercise in Singapore on January 2007 and looked forward to the development of other concrete and practical activities in the future. The Ministers noted that incidents of piracy in the region and the Straits of Malacca have decreased substantially in recent years, in large part due to cooperation among the littoral states. 31. The Ministers stated that the proliferation of weapons of mass destruction (WMD) and their delivery systems, including its potential use by terrorists, remained a serious security challenge. The Ministers urged States to become parties to the two most recent universal instruments to combat nuclear terrorism; namely, the International Convention for the Suppression of Acts of Nuclear Terrorism, adopted by the UN General Assembly on 13 April 2005, and the Amendment to the Convention on the Physical Protection of Nuclear Material, adopted on 8 July 2005 in Vienna. The Ministers recalled UNSC resolution 1673 in which the Security Council reiterated the requirements of UNSC resolution 1540, thereby reaffirming the international community s determination to prevent the proliferation of WMD and their delivery systems, including in particular, to nonstate actors. In this respect, they expressed their support for the efforts of the 1540 Committee as well as the ARF and emphasized the importance for all States to ensure effective and full implementation of the Resolution. 32. The Ministers of the States Parties to the Non-Proliferation Treaty (NPT), reaffirming the validity of the Treaty as a cornerstone of global stability and security, expressed the need to undertake further efforts to strengthen the NPT, bearing in mind the discussions at the 2005 Review Conference and the First Session of the Preparatory Committee for the 2010 Review Conference in 2007 and agreed to make further efforts to strengthen compliance with and enforcement of all provisions of the Treaty. The Ministers stressed the urgent need for the entry into force of the Comprehensive Nuclear Test Ban Treaty (CTBT) and called for the existing moratoria on nuclear testing. Most Ministers also called for the establishment and maintenance of moratoria on the production of fissile material for weapons pending negotiation of a Fissile Material Cut-off Treaty (FMCT) in the Conference of Disarmament in Geneva. The Ministers reiterated their continued support for the important role of the NPT and the International Atomic Energy Agency in preventing nuclear proliferation and promoting nuclear disarmament as well as peaceful use of nuclear energy. 33. The Ministers reaffirmed their support for the concept of internationally recognized nuclear-weapons-free zones (NWFZs) established on the basis of arrangements freely arrived at among States in the regions concerned and emphasized the contribution of such zones to enhancing global and regional peace and security. The Ministers also further reaffirmed the importance of continued consultation on the Protocol of the Southeast Asia Nuclear Weapon Free Zone (SEANWFZ) Treaty between the nuclear weapon states and the parties to the Treaty. In this regard, the Ministers welcomed the meeting of the Commission for the SEANWFZ at the sidelines of the 40 th ASEAN Ministerial Meeting on 29 July The Ministers noted that people smuggling and trafficking in persons are issues of ongoing concern. The Ministers acknowledged that the Bali Process on People Smuggling and Trafficking in Persons and Related Transnational Crime continues to be a valuable forum for regional cooperation. 35. The Ministers agreed that avian and pandemic influenza continued to pose a significant potential threat to countries in the region. The Ministers recognized the importance of working with existing multilateral organizations to ensure that any ARF initiatives complement rather than duplicate existing initiatives. The Ministers agreed that it was important that states were committed to transparency in the reporting of influenza cases in humans and in animals, and stressed the prompt sharing of epidemiological data with the World Health Organization (WHO) and the World Organization for Animal Health (OIE), capacity building to prevent and contain emerging epidemics, and the early intervention in response to potential outbreaks. The Ministers also discussed the issue of climate change and agreed on the need to forge consensus on the appropriate responses. 36. The Ministers noted that energy security was important and underlined the need to develop renewable and alternative energy and energyefficient technologies and called for the security of energy transit routes. In this regard, the Ministers welcomed the holding of the First ARF Seminar on Energy Security in Brussels, Belgium on 5-6 October 2006 as useful for laying the groundwork for future exchanges on energy security. Review of Activities of the Current Inter-Sessional Year (July July 2007) 37. The Ministers expressed their satisfaction with the success of Track l and Track II activities that had taken place during the current intersessional year (July July 2007). They commended the work of the ARF Senior Officials Meeting (SOM) in Manila on 25 May 2007

86 74 and the ARF Inter-sessional Support Group on Confidence Building Measures & Preventive Diplomacy (ISG on CBMs & PD), co-chaired by Indonesia and the European Union, and held in Batam, Indonesia on 1-3 November 2006 and in Helsinki, Finland on March The Ministers noted the summary report of the co-chairs and endorsed their recommendations. The Report of the SOM is ANNEX 2 and Co-Chairs Reports of the ISG appear as ANNEX The Ministers welcomed the contributions made by the defence officials in the ARF process. In this regard, the Ministers were pleased with the outcome of the Fourth ASEAN Regional Forum Security Policy Conference (ASPC) hosted by the Philippines in Manila on 24 May They noted with satisfaction that the highlevel interaction among the ARF defence policy officials had contributed further to build confidence and fostered mutual understanding, thus contributing to the maintenance of peace and stability in the Asia-Pacific region and the world. The Chairman s Summary Report of the ASPC is ANNEX The Ministers noted with concern the series of natural disasters that have struck the region, highlighting the importance of enhancing cooperation in disaster relief, mitigation, and management. In this regard, the Ministers welcomed the outcome of the Sixth ARF Intersessional Meeting on Disaster relief (ISM on DR) which was held in Qingdao, China from September 2006, and was co-chaired by Indonesia and China. The Co-Chairs Report appears as ANNEX 5. The Ministers noted that Australia, China, the European Union, Indonesia, Malaysia, and the United States have volunteered to serve as shepherds to coordinate interim efforts to further the work of the ARF in disaster relief. The Ministers also adopted the ARF General Guidelines on Disaster Relief Cooperation which appears as ANNEX 6. In this regard, the Ministers welcomed the Australian and Indonesian initiative to develop standard operating procedures through a desktop exercise in the coming year. They also welcomed plans by the Philippines and the U.S. for a 2009 Disaster Relief Exercise. 40. The Ministers welcomed the report of Singapore, Japan, and Russia as Co-Chairs of the Fifth Inter-sessional Meeting on Counter-Terrorism and Transnational Crime (ISM on CTTC), which was held in Singapore, on 2-4 May 2007, and endorsed its recommendations. The Co-Chairs Report appears as ANNEX 7. The Ministers also endorsed the ARF Cooperation Framework on Counter Terrorism and Transnational Crime and tasked the officials to monitor and sustain its implementation. The Framework, attached as ANNEX 8, and is a compilation of ARF commitments in counter terrorism and transnational crime which have already been agreed upon in earlier ARF statements. The Framework was prepared by the ARF Unit of the ASEAN Secretariat as requested by the Fourth ARF ISM on CTTC held in Beijing in The Ministers also adopted the ARF Statement on Promotion of Intercivilizational Dialogue. The statement appears as ANNEX The Ministers adopted the ARF Statement Supporting National Implementation of United Nations Council Resolution 1540 (2004) which appears as ANNEX 10. The Ministers endorsed the paper on Best Practices in Export Control which was the outcome ARF Export Licensing Experts Meeting convened in Singapore on November The paper appears as ANNEX The Ministers noted the following workshops and seminars, which were completed in the inter-sessional year : 10 th Meeting of ARF Heads of Defence Colleges/Universities/ Institutions, Kuala Lumpur, Malaysia, 4-7 September 2006 Seminar on Cyber Security, New Delhi, India, 6-8 September 2006 Seminar on the Role of Military and Civil Cooperation in the Prevention and Control of the Spread of Communicable Diseases, such as SARS and Avian Influenza, Ha Noi, Viet Nam, September 2006 Seminar on Energy Security, Brussels, 6-7 October 2006 Workshop on Stockpile Management Security: Man-Portable Air Defense Systems (MANPADS) and Small Arms and Light Weapons (SALW), Bangkok, Thailand, October 2006 Maritime Security Planning Exercise Planning Conference, Singapore, 7-8 December 2006 Maritime Security Shore Exercise, Singapore, January nd Experts/Eminent Persons Meeting, Manila, Philippines, 5-6 February 2007 Workshop on the Implementation of UNSC Resolution 1540, San Francisco, USA, February st Peacekeeping Experts Meeting, Port Dickson, Malaysia 7-9 March 2007 Seminar on Peacekeeping, New Delhi, India, April 2007 Programme of Work for the Next Inter-sessional Year 43. The Ministers agreed that the ISG on CBMs & PD will continue to promote confidence building while progressing towards PD and welcomed the offer by Brunei Darussalam and Canada to co-chair the ISG on CBMs & PD in the next inter-sessional year. The Ministers noted the first meeting of the ISG on CBMs and PD for the intersessional year will tentatively be held in Bandar Seri Begawan on 1-2 November 2007 and the second meeting in Canada on 3-4 April The Ministers acknowledged the importance of the continuation of the ISM on DR and agreed that the ISM on DR should continue its work in exploring ways to enhance regional disaster risk reduction and emergency management. The Ministers welcomed the offer of Indonesia and the EU to co-host the next ISM on DR in Helsinki in October The Ministers agreed that the ISM CTTC should continue its work to forge a more strengthened cooperation in fighting against terrorism and transnational crime. The Ministers welcomed the offer by Indonesia and India to co-chair the Sixth ISM on CTTC. 46. The Ministers noted with interest the proposal to establish ISM Shepherd Groups, attached as ANNEX 12, and tasked ARF SOM to continue discussions on the proposal for the next inter-sessional year. 47. The Ministers reaffirmed the procedure that all proposed ARF activities should first be discussed at the ISG/ISM level and agreed at ARF-SOM. 48. The Ministers also noted with interest the EU preliminary concept paper on streamlining decision-making and tasked ARF SOM to continue discussions in the next ARF cycle. The concept paper is attached as ANNEX The Ministers noted the proposal by U.S., China, and Singapore to establish an Inter-Sessional Meeting devoted to non-proliferation issues. The Ministers expressed widespread support for the principle of a new ISM on this subject, but further consultations on the terms of reference for such a meeting were needed. The Ministers tasked

87 75 SOM to continue consultations on the proposal for the next intersessional year. 50. The Ministers approved the work program for the next inter-sessional year (July July 2007) as in ANNEX 14. Future Direction of the ARF Process 51. The Ministers agreed to continue the implementation of the Nine Recommendations of the Stocktaking of the ARF process, which was adopted in Brunei Darussalam on 31 July 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. In this regard, the Ministers adopted the Terms of Reference of Friends of the ARF Chair (TOR-FOC). The TOR-FOC is attached as ANNEX The Ministers welcomed the ARF s progress towards Preventive Diplomacy (PD) in accordance with the adopted Concept and Principles of Preventive Diplomacy and looked forward to the continued development of concrete measures in PD, including the results of a study of best practices and lessons learned by selected international and regional organizations in preventive diplomacy to be implemented by the ARF Unit of the ASEAN Secretariat and financed by the ARF Fund. 53. The Ministers adopted the assessment and review of the ARF SOM of the practicability of the recommendations of the First Plenary Meeting of the ARF Experts/Eminent Persons (EEP) on the future course of the ARF and the role of the EEPs as contained in ANNEX 16. The Ministers also welcomed the convening of the Second ARF EEP Meeting in Manila which was co-chaired by the Philippines and the Republic of Korea on 5-6 February The Ministers requested the SOM to submit an assessment of the practicability of the recommendations of the 2 nd ARF EEP Meeting in time for their 15 th ARF Ministerial Meeting. 54. Ministers agreed on the continued publication of the ARF Annual Security Outlook (ASO) to promote transparency as well as confidence building among ARF participants and welcomed the eighth volume of the ASO. 55. 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. The Ministers welcomed the measures undertaken this intersessional year to implement the Concept Paper on Enhancing Ties between Track I and Track II in the ARF, and between the ARF and Other Regional and International Security Organisations adopted at the 13 th ARF and tasked the relevant ARF bodies to continue its implementation in accordance with the guidelines and format contained therein. 56. The Ministers expressed appreciation for the service of H.E. Ong Keng Yong as Secretary-General of the ASEAN for the period 2002 to The Ministers commended the ARF Unit in assisting the ARF Chair and in developing the ARF s institutional memory, including through the regularly updated Matrix of ARF Decisions and their Status, which is made available on the ARFNet, and the development of the ARF Internet homepage and virtual communications network at The Ministers acknowledged the assistance that some ARF participants were extending to the ARF Unit and encouraged others to do the same. 58. The Ministers welcomed the voluntary contributions of Indonesia, Pakistan, Philippines, New Zealand, Singapore, and the U.S. to the ARF Fund for the purpose of implementing projects, activities, and decisions of the ARF and encouraged ARF participants to consider making future contributions. 59. The Ministers noted that applications to participate in the ARF would be considered on a case-by-case basis in accordance with the established criteria. In this connection, they agreed on the need to consolidate ARF activities for the time being and to consider applications at a later period. 60. 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, on the basis of consensus and at a pace comfortable to all, while continuing to build mutual confidence and trust among its participants. ASEAN Regional Forum Statement on Promotion of Inter-Civilization Dialogue Manila, Philippines, 2 August 2007 The Chairman of the ASEAN Regional Forum, on behalf of its participants, issues the following statement: Acknowledging that the world continues to face both opportunities and challenges for promoting sustainable peace and security, as well as harmony and understanding among the people, Cognizant of the significance of inter-civilization dialogue encompassing interfaith and inter-cultural interaction as well as efforts to promote respect, understanding and tolerance among people of all religions, beliefs and cultures as an important part of ARF efforts to promote peace and security, Reaffirming that terrorism cannot and should not be associated or identified with any specific religion, nationality, civilization or ethnic group, Recalling their obligation as provided for in the Charter of the United Nations to refrain from the threat or use of force in any manner inconsistent with the purposes of the Charter, and underlining the necessity of respecting human rights in resolving conflicts, Recognizing the significant contribution of efforts to enhance dialogue and understanding among the people of different faiths, cultures and civilizations, and recalling in this regard relevant UN Resolutions calling for international efforts to enhance dialogue and broaden understanding among and within civilizations, Underscoring the importance of various international forums aimed at advancing inter-civilization, inter-cultural and inter-faith dialogue, Believing that dialogue among cultures and civilizations as one of the important means for resolving problems and conflicts, as well as

88 76 countering the threat of terrorism, is conducive to maintaining peace, stability and prosperity in the Asia Pacific region and the world; ARF participants: Strongly condemn terrorism in all forms and manifestations, committed by whomever, wherever and for whatever purposes including terrorist actions committed under the pretext of religion, as it constitutes one of the most serious threats to international peace and security; Support the work undertaken by the ARF participating states and completed work of the ARF such as a recent Inter-Sessional Meeting on Counter Terrorism and Transnational Crime (ISM-CTTC) which focused on Inter-Civilization Dialogue as well as the UN to promote inter-civilization dialogue, with an aim to implementing such global frameworks as the Global Agenda for Dialogue among Civilizations and its Programme of Action adopted by the UN General Assembly and initiated by the UNESCO as a lead agency, the UN Global Counterterrorism Strategy; Welcome the report of the High-Level Group of the Alliance of Civilizations established by UN Secretary General, which seeks to establish a paradigm of mutual respect between civilizations by building a comprehensive coalition able to avert any further deterioration of relations between societies and nations that could threaten international stability; Support efforts aimed at addressing the conditions that may be conducive to the spread of terrorism, and efforts made on the basis of consolidating principles of peace and tolerance as well as of the rule of law and respect of human rights; Consider it vital to intensify the role and involvement of government and parliamentary bodies, as well as non-governmental, religious and other public organizations in enhancing inter-cultural and interfaith understanding; Will encourage the international community to take practical steps directed at improving inter-civilization, inter-cultural and interfaith cooperation, including identifying and implementing activities in order to address common challenges threatening shared values, universal human rights and achievements of human society in various fields, and to explore the establishment of principles to facilitate meaningful interaction between cultures based on mutual respect for one another s traditions; Work to expand, where appropriate, channels of information exchange among the ARF participants with a view to sharing national experiences in promoting respect, understanding and tolerance among cultures and faiths in the interests of peace, security, human rights and prosperity of Asia Pacific nations. ASEAN Regional Forum Statement Supporting National Implementation of United Nations Security Council Resolution 1540 Manila, Philippines, 2 August 2007 The Chairman of the ASEAN Regional Forum, on behalf of the ARF participants, issues the following statement: Recalling previous ARF commitments, in particular the Jakarta Statement on Nonproliferation, adopted by the 11 th ARF on 2 July 2004, to prevent the proliferation in all its aspects of weapons of mass destruction and their means of delivery and to support the adoption of United Nations Security Council Resolution (UNSCR) 1540, Acknowledging the useful exchange of views during the ARF Workshop on UNSCR 1540 Implementation on February 2007 in San Francisco as well as the UN Seminar on Implementing UNSCR 1540 in Asia and the Pacific on July 12-13, 2006 in Beijing, Taking note of UNSCR 1673 (2006) as well as the report of the UN Security Council Committee established pursuant to resolution 1540 (2004) (1540 Committee) of April 2006, which, inter alia, encourages States, if and as appropriate, to provide additional information on national implementation as an ongoing process, including, for instance, the preparation of plans for addressing remaining measures to be taken to fully implement the resolution, taking into account the analysis provided by the 1540 Committee, and notes the important role of regional organizations towards experience-sharing and lessons learned in areas covered by UNSCR 1540, Acknowledging that implementation of Resolution 1540, including reporting, remains a national responsibility, on the basis of national legislation, arrangements and regulations; Determined to continue full co-operation with relevant international organizations, including the 1540 Committee, as recommended in UNSCR 1673 (2006) and wishing for ARF participants to serve as a positive example for the international community, Noting the willingness of ARF participating States to fully implement resolution 1540 at national, regional and global levels, Recognizing that some ARF participating States may be in need of assistance in implementing the provisions of resolution 1540 within their territories. ARF participants will endeavour to: 1. Provide, as and when appropriate, additional information to the 1540 Committee on national implementation as part of the ongoing process of UNSCR 1540 implementation, including, inter alia, in the form of a road map or action plan, as recommended in the 1540 Committee Report (S/2006/257); 2. Work toward practical capacity-building activities and cooperation in the ARF region to help participants meet their obligations under UNSCR 1540 and other WMD non-proliferation commitments, in full

89 77 cooperation with the 1540 Committee, by, inter alia, promoting lessons learned, sharing experiences and facilitating the identification of assistance needs for national implementation. 3. Remain seized of the matter in the ARF in the future and may hold further exchanges of views on the implementation of UNSCR Terms of Reference of the Friends of the ARF Chair Background Manila, Philippines, 2 August The Workshop on Preventive Diplomacy conducted by the Council for the Security and Cooperation of the Asia Pacific (CSCAP) in 2000 in Singapore cited the use of Special Representatives and the Group of Friends of the UN Secretary General as relevant mechanisms for ARF with regard to efforts to enhance confidence building and help set the stage for the creation of preventive diplomacy mechanisms in the ARF. 2. At the 10th ARF in Cambodia, the Ministers agreed to support the ARF Chair to have Friends of the Chair to assist the Chair in dealing with regional and international situations, which affect the peace and security of the region. 3. The 2005 ASEAN Joint Communiqué issued in Vientiane stated that the ASEAN Ministers agreed to move forward the ARF activities by replacing the Inter-Sessional Support Group on Confidence Building Measures (ISG on CBM) with the ISG on CBM and PD (ISG CBM and PD); to consider developing the concept of the Friends of the ARF Chair. 4. During the 12th ARF in Vientiane on 29 July 2005, the Ministers agreed to establish Friends of the Chair in the ARF, and welcomed the Philippines offer to draft the terms of reference for this concept with the understanding that such an ad-hoc group shall have an advisory role to assist the ARF Chair and be flexible in terms of its membership. Purposes and Principles 5. The FOC is to assist the ARF Chair in the latter s enhanced role, in accordance with the principles enshrined in the adopted paper on the Enhanced Role of the ARF Chair, even as it is generally accepted by ARF countries that the concept of the enhanced role of the ARF Chair is itself evolving. 6. It is an ad hoc group, constituted for a specific task by the ARF Chair as and when the situation warrants, including in times of emergency, crisis, and situations likely to disturb regional peace and stability. Organizational Matters Composition 8. The Friends of the Chair is a troika composed of the (a) Foreign Minister of the incoming ARF chairing country (b) the Foreign Minister of a non-asean ARF country, and (c) the Foreign Minister of the immediate past ARF chairing country. 9. Taking into account the preceding paragraph, the ARF Chair, in consultation with all ARF participants, will decide on the specific composition of the FOC, depending on the issue at hand. The decision will take into account the need for a political balance among various interests and the paramount importance of regional stability and peace. Scope 10. The FOC is primarily focused on confidence-building and shall not be intervention-oriented. The FOC may advise the Chair in the performance of its good offices role and in facilitating discussions and negotiations on issues of critical significance for regional peace and security. 11. The FOC is an ad hoc group to support and assist the ARF Chair. It is not a decision-making body. It is only an advisory body. It is not intended to represent the ARF Chair beyond the specific tasks assigned to it. Procedures 12. The ARF Chair will inform ARF countries before deciding when a situation warrants the constitution and convening of the FOC. 13. In discharging its mandate, the FOC will report and make recommendations to the ARF Chair. The ARF Chair decides on the next steps to take. 14. The FOC may meet as often as necessary. The ARF participants, which have representatives in the FOC, will bear the costs involved in the activities of the FOC. In the event that the FOC is constituted and convened, the ARF Chair may mobilize voluntary contributions from ARF participants, including through contributions to the ARF Fund for such purpose. 15. The ARF Chair and the FOC may request the ARF Unit in the ASEAN Secretariat for any assistance within the ARF Unit s mandate. Future Review of the Terms of Reference 16. These Terms of Reference of the Friends of the ARF Chair will be reviewed for possible amendments and revisions when and if the need arises in the future. Any amendments and revisions shall be made on the basis of consensus of all ARF participating countries. 7. The FOC shall carry out its work in accordance with the UN Charter and consistent with the purposes and principles of the Treaty of Amity and Cooperation in Southeast Asia, and in particular the core principles of consensus, respect for national sovereignty, and noninterference in the domestic affairs of one another.

90 78 Treaty of Amity and Cooperation Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by the People s Republic of Bangladesh Manila, Philippines, 1 August 2007 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 People s 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 People s Republic of Bangladesh to the Treaty; NOW, therefore, the People s Republic of Bangladesh, 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 Adviser for Foreign Affairs (Foreign Minister) of the People s Republic of Bangladesh. DONE at Manila, this First Day of August in the Year Two Thousand and Seven. DR. IFTEKHARAHMED CHOWDHURY Adviser for Foreign Affairs (Foreign Minister) People s Republic of Bangladesh Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia for the People s Republic of Bangladesh Manila, Philippines, 1 August 2007 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 People s 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 Adviser for Foreign Affairs (Foreign Minister) of the People s Republic of Bangladesh in a letter, dated 25 July 2007 conveyed the desire of the Government of the People s Republic of Bangladesh to accede to the Treaty; NOW, therefore, the Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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 People s Republic of Bangladesh. DONE at Manila, this First Day of August in the Year Two Thousand and Seven. For Brunei Darussalam: MOHAMED BOLKIAH Minister of Foreign Affairs and Trade For the Kingdom of Cambodia: HOR NAMHONG Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation For the Republic of Indonesia: DR. N. HASSAN WIRAJUDA Minister for Foreign Affairs For the Lao People s Democratic Republic: DR. THONGLOUN SISOULITH Deputy Prime Minister and Minister of Foreign Affairs For Malaysia: DATO SERI SYED HAMID ALBAR Minister of Foreign Affairs

91 79 For the Union of Myanmar: NYAN WIN Minister for Foreign Affairs For the Republic of the Philippines: ALBERTO G. ROMULO Secretary of Foreign Affairs For the Republic of Singapore: GEORGE YONG-BOON YEO Minister for Foreign Affairs For the Kingdom of Thailand: NITYA PIBULSONGGRAM Minister of Foreign Affairs For the Socialist Republic of Viet Nam: LE CONG PHUNG First Deputy Minister of Foreign Affairs DONE at Manila, this First Day of August in the Year Two Thousand and Seven. HON. ROHITHA BOGOLLAGAMA Minister of Foreign Affairs Democratic Socialist Republic of Sri Lanka Instrument of Extension of the Treaty of Amity and Cooperation in Southeast Asia for the Democratic Socialist Republic of Sri Lanka Manila, Philippines, 1 August 2007 Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by the Democratic Socialist Republic of Sri Lanka Manila, Philippines, 1 August 2007 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 People s 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 Democratic Socialist Republic of Sri Lanka to the Treaty; NOW, therefore, the Democratic Socialist Republic of Sri Lanka, 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 Democratic Socialist Republic of Sri Lanka. 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 People s 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 Democratic Socialist Republic of Sri Lanka in a letter, dated 20 July 2007 conveyed the desire of the Government of the Democratic Socialist Republic of Sri Lanka to accede to the Treaty; NOW, therefore, the Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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 Democratic Socialist Republic of Sri Lanka. DONE at Manila, this First Day of August in the Year Two Thousand and Seven. For Brunei Darussalam: MOHAMED BOLKIAH Minister of Foreign Affairs and Trade For the Kingdom of Cambodia: HOR NAMHONG Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation

92 80 For the Republic of Indonesia: DR. N. HASSAN WIRAJUDA Minister for Foreign Affairs For the Lao People s Democratic Republic: DR. THONGLOUN SISOULITH Deputy Prime Minister and Minister of Foreign Affairs For Malaysia: DATO SERI SYED HAMID ALBAR Minister of Foreign Affairs For the Union of Myanmar: NYAN WIN Minister for Foreign Affairs For the Republic of the Philippines: ALBERTO G. ROMULO Secretary of Foreign Affairs For the Republic of Singapore: GEORGE YONG-BOON YEO Minister for Foreign Affairs For the Kingdom of Thailand: NITYA PIBULSONGGRAM Minister of Foreign Affairs For the Socialist Republic of Viet Nam: LE CONG PHUNG First Deputy Minister of Foreign Affairs

93 81 III. ASEAN ECONOMIC COMMUNITY ASEAN Economic Ministers (AEM) Joint Media Statement of the 39 th ASEAN Economic Ministers (AEM) Meeting Makati City, Philippines, 24 August The Thirty-Ninth Meeting of the ASEAN Economic Ministers (AEM) was held on 24 August 2007 in Makati City, the Philippines. H.E. Peter B. Favila, Secretary of Trade and Industry of the Philippines chaired the Meeting. The Meeting was preceded by a Preparatory ASEAN Senior Economic Officials Meeting (SEOM), the Tenth ASEAN Investment Area (AIA) Council Meeting and the Twenty-First ASEAN Free Trade Area (AFTA) Council Meeting. Opening Ceremony 2. The Meeting was formally opened by the H.E. Peter B. Favila, Secretary of Trade and Industry of the Philippines. 3. In his opening remarks, Secretary Favila emphasised that as the ASEAN Economic Blueprint for realising the ASEAN Economic Community by 2015 would be signed by the ASEAN Leaders at the 13th ASEAN Summit in Singapore, its implementation will be the main focus of the agenda of the ASEAN Economic Ministers in the next 7 years. While recognising the challenges to be encountered in the implementation of the Blueprint, he was confident on the commitment by each Member Country of ASEAN in realising what have been envisioned. 4. Secretary Favila also called for collective work in realising the AEC. He emphasised that while implementation would not be a fanfare, the AEC Blueprint would be able to quietly but firmly enter ASEAN in an era of greater and more equitable prosperity. He also underscored the importance of involving private sector as a stakeholder of the AEC and invited the ASEAN Business Advisory Council to sign with the AEM a joint undertaking to work in partnership for the realisation of the AEC and build an ASEAN that is good for business. Economic performance 5. ASEAN FDI flows reached US$ 52 billion in 2006, an increase of 27% from the previous year. The outlook for 2007 is bullish as preliminary data for the first Quarter of 2007 indicated that FDI flows have already reached US$ 14 billion, an increase of 9% from the US$ 13 billion registered for the same period in This growth reaffirms ASEAN as a favoured investment destination. 6. ASEAN continued to sustain positive trend for its trade performance as total exports for 2006 increased by 16.5% from US$ billion in 2005 to US$ billion in ASEAN exports grew by 10.1% as compared with export figures for the same period in The share of intra-asean trade as a percentage of total ASEAN trade remained relatively constant at 24.97% in 2006, slightly higher than the 24.83% share in The Ministers reiterated the importance of continuing efforts to deepen and broaden economic integration in order to achieve not only sustainable growth but also resilience to cushion ASEAN from the adverse impact of any internal and/or external shocks. The ASEAN Economic Community 8. The Ministers noted the substantive finalisation of the ASEAN Economic Community (AEC) Blueprint and its strategic schedules, which includes both existing and new initiatives with clear roadmaps to achieve the envisioned goals of establishing the ASEAN Economic Community by The Ministers also noted the on-going work in developing an appropriate monitoring mechanism on the implementation of the Blueprint that would enable review and assessment of the progress of ASEAN economic integration as well as the community building. The Ministers further noted the inclusive process in the development of the Blueprint through consultations with all the relevant ASEAN bodies as well as the private sector. The Ministers endorsed the final text of the ASEAN Economic Community Blueprint, its Strategic Schedule and the final text of the Declaration on the ASEAN Economic Community Blueprint for signing by ASEAN Leaders at the 13th ASEAN Summit in November 2007 in Singapore. Priority Integration Sector 9. The Ministers noted the progress made in implementing the Roadmaps for the Integration of the eleven Priority Integration Sectors and the continuous work on the outreach on the initiatives undertaken in the Roadmaps to the stakeholders. To ensure effective implementation, the Ministers encouraged the officials to enhance further the coordination with various economic sectoral bodies. 10. The Ministers endorsed the Roadmap for ASEAN Integration of the Logistics Services Sector as the twelfth priority sector for ASEAN integration, and signed the ASEAN Sectoral Integration Protocol for Logistic Services Sector and the Protocol to Amend Article 3 of the ASEAN Framework (Amendment) Agreement for the Integration of Priority Sectors. The Ministers were confident that once implemented, the Roadmap for the logistics services sector would ensure the goal of integrating ASEAN into one seamless market for goods, services and investment and encouraging the establishment of more production networks in the region. 11. The Ministers reiterated the importance of implementing the Priority Integration Sector Roadmaps, which serve as the catalyst to realise the goal of ASEAN to become a single market and single production base. Investment 12. The Ministers welcomed the decision of the 10th AIA Council Meeting held on 23 August 2007 to revise the Framework Agreement on the ASEAN Investment Area into a comprehensive investment agreement to make ASEAN more competitive in attracting FDI and in support of the realisation of the ASEAN Economic Community. The Ministers expect the conclusion and signing of the Agreement at the next AIA Council meeting in 2008.

94 82 Trade in Goods 13. The Ministers welcomed the outcome of the 21st AFTA Council meeting held on 23 August 2007, where substantial progress has been made in the implementation of the Work Programme on Elimination of Non-Tariff Barriers (NTBs) and in reforming the CEPT- AFTA Rules of Origin, which would further reduce trade transaction costs and facilitate trade within the region. 14. The Ministers welcomed the decision of the AFTA Council to enhance the CEPT-AFTA Agreement to make it a comprehensive agreement that is relevant to today s regional business practices. A comprehensive Trade in Goods (TIG) would also spur ASEAN s progress towards the ASEAN Economic Community by Trade Facilitation 15. The Ministers welcomed the signing of the Protocol 1 - Designation of Transit Transport Routes and Facilities of the ASEAN Framework Agreement on Facilitation of Goods in Transit by the ASEAN Transport Ministers. They acknowledged that the implementation of the Protocol would facilitate the regional transportation of goods by providing unhindered access and movement of vehicles over the designated highway routes in ASEAN. 16. The Ministers noted the progress toward the realisation of the ASEAN Single Window and the implementation of National Single Windows in ASEAN Member Countries as the first step toward this goal. The National Single Windows are expected to be in operation by the end of 2008 in ASEAN-6, and by the end of 2012 in CLMV. 17. The Ministers noted the on-going work in the development of a comprehensive ASEAN Work Programme on Trade Facilitation which would synthesise the existing trade facilitating measures as well as identify new measures required to ensure ASEAN competitiveness through reducing transaction costs and the costs of doing business in ASEAN. Emphasising the importance of trade facilitation in ensuring free flow of goods, the Ministers tasked the officials to develop an ASEAN Trade Facilitation Assessment Framework and to finalise the comprehensive work programme for consideration by the 40th ASEAN Economic Ministers in 2008 in Singapore. Trade in Services 18. The Ministers endorsed the modality for the liberalisation of the remaining Mode 3 limitations to trade in services in ASEAN by The modality sets out a clear roadmap toward the removal of all the remaining 5 types of market access limitations on the establishment of commercial presence by This is an important step forward as together with the modalities set earlier for the liberalisation of limitations to cross-border supplies and consumption abroad of services and limitations on foreign equity participation in services commercial establishment, almost all types of limitations to trade in services in ASEAN have now been set with clear roadmaps for liberalisation to achieve the end goals of free flow of services by The Ministers noted that the officials are currently working toward the conclusion of the 5th Round of negotiations on ASEAN services liberalisation in The conclusion of the Round envisages 10 more services sub-sectors to be brought into liberalisation, in addition to the 55 sub-sectors in the previous round. Significant removal of limitations on trade in the four priority services sectors, namely e- ASEAN, healthcare, tourism and logistics, would also be expected. 20. The Ministers also noted the progress made in the development of the Mutual Recognition Arrangements (MRAs) on professional services, which complement the liberalisation process to facilitate the movement of qualified professionals to provide services in the region. The MRA on Architectural Services and Framework MRA on Surveying Services have been finalised, and the Ministers look forward to the signing of these MRAs at the 13th ASEAN Summit in November 2007 in Singapore. Consumer Protection 21. Given the significant progress achieved in the integration of ASEAN toward a people-centered community, the Ministers agreed that it is timely to promote regional cooperation initiatives that would provide ASEAN consumers with a high level of protection. As such, the Ministers endorsed the establishment of the ASEAN Coordinating Committee on Consumer Protection. Competition Policy 22. In order to promote exchange of information, experience and cooperation on competition policy in the region, the Ministers endorsed the establishment of the ASEAN Expert Group on Competition. ASEAN External Economic Relations 23. The Ministers noted and exchanged views on the developments ASEAN s external economic relations, including the status of ASEAN s ongoing negotiations with Dialogue Partners for Free Trade Agreements (FTAs) and Comprehensive Economic Partnerships (CEPs). The Ministers welcomed the entry into force of the ASEAN-Korea Trade in Goods Agreement on 1 June 2007 and the ASEAN-China Trade in Services Agreement on 1 July Encouraged by the momentum provided by these developments, the Ministers urged negotiators from ASEAN as well as from the Dialogue Partners to step up efforts and exercise flexibilities, when necessary, to ensure the completion of the negotiations within the set timelines. World Trade Organisation (WTO) 24. The Ministers re-affirmed ASEAN s commitment to the successful conclusion of the Doha Round and its readiness to make contributions to ensure that attainment of an ambitious and balance overall outcome, the development dimension being central to the Doha Round. The Ministers reiterated ASEAN s support for the efforts of the Chairs of the Negotiating Groups, especially Agriculture and NAMA, and the WTO Director-General to build consensus on an ambitious and balanced outcome. ASEAN will work closely with other WTO members and actively engage in the intensive negotiations scheduled for September ASEAN will be prepared to make our own contributions to ensure a meaningful and substantial outcome to the negotiations. The Ministers renewed ASEAN s call on the major players to demonstrate flexibility by moving beyond their current position in key areas of Round and display firm resolve in concluding the Doha Round by end The Ministers also reiterated their strong support to Lao PDR s early accession to the WTO. Secretary-General of ASEAN 25. The Ministers expressed appreciation for the outstanding stewardship and contribution of H.E. Ong Keng Yong to ASEAN as the Secretary- General of ASEAN for the period

95 83 The Meeting was attended by: H.E. Pehin Dato Lim Jock Seng, Second Minister of Foreign Affairs and Trade, Brunei Darussalam; H.E. Dr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; H.E. Dr. Mari Elka Pangestu, Minister of Trade, Indonesia; H.E. Dr. Nam Viyaketh, Minister of Industry and Commerce, Lao PDR; H.E. Dato Seri Rafidah Aziz, Minister of International Trade and Industry, Malaysia; H.E. U Soe Tha, Minister for National Planning and Economic Development, Myanmar; H.E. Mr. Peter B. Favila, Secretary of Trade and Industry, the Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Krirk-krai Jirapaet, Minister of Commerce, Thailand; H.E. Dr. Vu Huy Hoang, Minister of Industry and Trade, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN. Protocol to Amend Article 3 of the ASEAN Framework (Amendment) Agreement for the Integration of Priority Sectors Makati City, Philippines, 24 August 2007 The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's 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 decision of the 37th Meeting of the ASEAN Economic Ministers held in Vientiane, Lao PDR on 28th September 2005, to study and identify measures to develop the logistics services sector for priority integration; CONSIDERING the necessity to revise the ASEAN Framework (Amendment) Agreement for the Integration of Priority Sectors (hereinafter referred to as "Framework (Amendment) Agreement") to reflect the changes necessary to move ahead with the integration of logistics services as a new priority integration sector; DESIRING to reflect the changes to the Framework (Amendment) Agreement pursuant to Article 25(1) of ASEAN Framework Agreement for the Integration of Priority Sectors done at Vientiane, Lao PDR on 29 November 2004, HAVE AGREED AS FOLLOWS: ARTICLE 1 Amendments to Article 3 of the Framework (Amendment) Agreement Member States agree that notwithstanding Article 3 of the ASEAN Framework (Amendment) Agreement, the end date for liberalisation of logistics services and reference to the date in Article 3 shall be amended, mutatis mutandis, in accordance with Appendix 1 to the ASEAN Sectoral Integration Protocol for Logistics Services Sector. ARTICLE 2 Final Provisions 1. This Protocol shall form an integral part of the Framework (Amendment) Agreement. 2. This Protocol shall enter into force 180 (one hundred and eighty) days after the date of its signature. 3. This Protocol shall be deposited with the Secretary- General of ASEAN, who shall promptly furnish a certified copy thereof to each ASEAN Member State. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol to amend Article 3 of the ASEAN Framework (Amendment) Agreement for the Integration of Priority Sectors. DONE at Makati City, the Philippines, this Twenty-fourth Day of August in the year Two Thousand and Seven, in a single original copy in the English language. For Brunei Darussalam: LIM JOCK SENG Second Minister of Foreign Affairs and Trade For the Kingdom of Cambodia CHAM PRASIDH Senior Minister and Minister of Commerce For the Republic of Indonesia: MARI ELKA PANGESTU Minister of Trade For the Lao People's Democratic Republic: NAM VIYAKETH Minister of Industry and Commerce For Malaysia: RAFIDAH AZIZ Minister of International Trade and Industry For the Union of Myanmar: U SOE THA Minister for National Planning and Economic Development For the Republic of the Philippines: PETER B. FAVILA Secretary of Trade and Industry For the Republic of Singapore: LIM HNG KIANG Minister for Trade and Industry For the Kingdom of Thailand: KRIRK-KRAI JIRAPAET Minister of Commerce For the Socialist Republic of Viet Nam: VU HUY HOANG Minister of Industry and Trade

96 84 ASEAN Sectoral Integration Protocol for the Logistics Services Sector Makati City, Philippines, 24 August 2007 The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People s 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 ASEAN Framework Agreement for the Integration of Priority Sectors signed by the Leaders on 29 November 2004 in Vientiane, Lao PDR (hereinafter referred to as the Framework Agreement ) and the Framework (Amendment) Agreement for the Integration of Priority Sectors as a first step towards the realisation of the ASEAN Economic Community; RECALLING Article 10 of the Framework Agreement under which Member States agreed to expedite the development of integrated transport logistics services within ASEAN through measures stated therein; NOTING that Article 20 of the Framework Agreement provides for the review of the Framework Agreement by the Ministers responsible for ASEAN Economic Integration for the purpose of considering further measures and/or other sectors for priority integration; RECALLING the decision of the 37th Meeting of the ASEAN Economic Ministers held in Vientiane, Lao PDR on 28 September 2005, to study and identify measures to develop the logistics services sector for priority integration; REITERATING ASEAN s strong commitment towards accelerating the establishment of an ASEAN Community by 2015 along the lines of ASEAN Vision 2020 and the Declaration of ASEAN Concord II, in the three pillars of the ASEAN Security Community, ASEAN Economic Community and ASEAN Socio-Cultural Community; and HAVING carried out an initial round of negotiations and concluded the roadmap for the full integration of the logistics services sector in ASEAN, HAVE AGREED AS FOLLOWS: ARTICLE 1 OBJECTIVE 1. This Protocol spells out measures as in the Roadmap referred to in paragraph 1(b) of Article 2 to be taken by Member States on a priority basis so as to enable the progressive, expeditious and systematic integration of the logistics services sector. ARTICLE 2 MEASURES 1. The integration measures to be pursued are grouped into two broad categories, taking into account existing relevant agreements or earlier relevant committed measures, namely: a. Common measures which cut across all priority sectors as specified in the Framework Agreement; and b. Specific measures that are of direct relevance to the logistics services sector. 2. All categories of measures shall be pursued in parallel. 3. The ASEAN Senior Economic Officials Meeting (SEOM) in consultations with other sectoral bodies may conduct additional negotiations, as and when necessary, to consider new integration measures for the sector. ARTICLE 3 APPENDICES 1. The Roadmap for Integration of the Logistics Services Sector shall be annexed hereto as Appendix I and shall form an integral part of this Protocol. 2. Additional measures other than those identified in the Appendix I may be introduced, as and when deemed necessary through an amendment pursuant to paragraph 2 of Article 4 of this Protocol. ARTICLE 4 FINAL PROVISIONS 1. Member States shall undertake the appropriate measures to fulfill the agreed obligations arising from this Protocol. 2. The provisions of this Protocol may be modified through amendments mutually agreed upon in writing by all Member States. 3. This Protocol shall enter into force 180 (one hundred and eighty) days after the date of its signature. Notwithstanding the specified 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 Protocol in accordance with the timelines indicated in the Framework Agreement for the Integration of Priority Sectors and the Roadmap for Integration of the Logistics Services Sector attached to this Protocol. 4. This Protocol shall be deposited with the Secretary-General of ASEAN, who shall furnish a certified copy to each Member State. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the ASEAN Sectoral Integration Protocol for Logistics Services Sector. DONE at Makati City, the Philippines, this Twenty-fourth Day of August in the year Two Thousand and Seven, in a single original copy in the English language. For Brunei Darussalam: LIM JOCK SENG Second Minister of Foreign Affairs and Trade For the Kingdom of Cambodia: CHAM PRASIDH Senior Minister and Minister of Commerce For the Republic of Indonesia: MARI ELKA PANGESTU Minister of Trade For the Lao People s Democratic Republic: NAM VIYAKETH Minister of Industry and Commerce For Malaysia: RAFIDAH AZIZ Minister of International Trade and Industry

97 85 For the Union of Myanmar: U SOE THA Minister for National Planning and Economic Development For the Republic of the Philippines: PETER B. FAVILA Secretary of Trade and Industry For the Republic of Singapore: LIM HNG KIANG Minister for Trade and Industry For the Kingdom of Thailand: KRIRK-KRAI JIRAPAET Minister of Commerce For the Socialist Republic of Viet Nam: VU HUY HOANG Minister of Industry and Trade Protocol to Implement the Sixth Package of Commitment under the ASEAN Framework Agreement on Service Singapore, 19 November 2007 The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, Lao People s 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 Countries of the Association of Southeast Asian Nations (hereinafter collectively referred to as ASEAN or Member Countries or singularly as Member Country ); NOTING the ASEAN Framework Agreement on Services signed on 15 December 1995 in Bangkok, Thailand (hereinafter referred to as AFAS ), which seeks to enhance cooperation in services amongst Member Countries, to eliminate substantially restrictions to trade in services amongst Member Countries and to 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 (hereinafter referred to as GATS ) of the World Trade Organisation (hereinafter referred to as WTO ); HAVING carried out four rounds of negotiations and concluded five sets of schedules of specific 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; the Protocol to Implement the Third Package of Commitments under the ASEAN Framework Agreement on Services signed on 31 December 2001; the Protocol to Implement the Fourth Package of Commitments under the ASEAN Framework Agreement on Services signed on 3 September 2004 in Jakarta, Indonesia; and the Protocol to Implement the Fifth Package of Commitments under the ASEAN Framework Agreement on Services signed on 8 December 2006 in Cebu, the Philippines; NOTING the ASEAN Framework Agreement for the Integration of Priority Sectors together with the Roadmaps for the Integration of Priority Sectors signed by the ASEAN Leaders on 29 November 2004 in Vientiane, Lao PDR and the ASEAN Framework (Amendment) Agreement for the Integration of Priority Sectors signed by the ASEAN Economic Ministers on 8 December 2006 in Cebu, the Philippines, which include four services sectors, namely, Air Travel, Healthcare, e-asean (telecommunications and IT services) and Tourism, provide measures to deepen and broaden internal economic integration and linkages, with the participation of the private sector, to realise an ASEAN Economic Community; RECALLING that the Informal ASEAN Economic Ministers Meeting (hereinafter referred to as AEM ) held on 11 January 2007 in Cebu, the Philippines, agreed to give Member Countries one to one and a half years to achieve the originally agreed target level of commitments for the Fifth Package of Commitments as endorsed at the 37th AEM meeting held in August 2005; HAVING carried out subsequent negotiations pursuant to Article IV of AFAS and finalised the improved package of commitments to achieve the originally agreed target level of commitments for the Fifth Package of Commitments as endorsed at the 37th AEM meeting held in August 2005 (hereinafter referred to as the Sixth Package of Commitments under AFAS ); HAVE AGREED AS FOLLOWS: 1. Member Countries that are WTO members shall continue to extend their specific commitments under GATS to other Member Countries that are not WTO members. 2. The Annexes to this Protocol shall consist of each Member Country s Horizontal Commitments, Schedules of Specific Commitments and the Lists of Most-Favoured Nation Exemptions. 3. Subject to each Member Country s Horizontal Commitments, Schedules of Specific Commitments and the Lists of Most-Favoured Nation Exemptions, Member Countries shall accord preferential treatment to one another on a Most-Favoured-Nation basis. 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 ninety (90) days after the date of its signature. 6. Member Countries undertake to complete their respective internal procedures for the entry into force of this Protocol. 7. Each Member Country shall, upon the completion of its internal procedures, notify the ASEAN Secretariat in writing. 8. This Protocol shall be deposited with the Secretary-General of ASEAN who shall promptly furnish a certified copy thereof to each Member Country. The Secretary-General of ASEAN shall also promptly furnish notifications made pursuant to paragraph 7 to each Member Country. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the Protocol to Implement

98 86 the Sixth Package of Commitments under the ASEAN Framework Agreement on Services. DONE at Singapore, this Nineteenth Day of November in the year Two Thousand and Seven, in a single original copy in the English language. For Brunei Darussalam: LIM JOCK SENG Second Minister for Foreign Affairs and Trade For the Kingdom of Cambodia: CHAM PRASIDH Senior Minister and Minister of Commerce For the Republic of Indonesia: MARI ELKA PANGESTU Minister of Trade For the Lao People s Democratic Republic: NAM VIYAKETH Minister of Industry and Commerce For Malaysia: RAFIDAH AZIZ Minister of International Trade and Industry For the Union of Myanmar: U SOE THA Minister for National Planning and Economic Development For the Republic of the Philippines: PETER B. FAVILA Secretary of Trade and Industry For the Republic of Singapore: LIM HNG KIANG Minister for Trade and Industry For Kingdom of Thailand: KRIRK-KRAI JIRAPAET Minister of Commerce For the Socialist Republic of Viet Nam: VU HUY HOANG Minister of Industry and Trade ASEAN Mutual Recognition Arrangement on Architectural Services, Singapore, 19 November 2007 The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, Lao People s 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 ASEAN Member Countries or singularly as ASEAN Member Country ); RECOGNISING the objectives of ASEAN Framework Agreement on Services (hereinafter referred to as AFAS ), which are to enhance cooperation in services amongst ASEAN Member Countries in order to improve the efficiency and competitiveness, diversify production capacity, and supply and distribution of services of their services suppliers within and outside ASEAN; to eliminate substantially restrictions to trade in services amongst ASEAN Member Countries; and to liberalise trade in services by expanding the depth and scope of liberalisation beyond those undertaken by ASEAN Member Countries under the General Agreement on Trade in Services (hereinafter referred to as GATS ) with the aim to realising a free trade area in services; NOTING that Article V of AFAS provides that ASEAN Member Countries may recognise the education or experience obtained, requirements met, and licences or certifications granted in other ASEAN Member Countries, for the purpose of licensing or certification of service suppliers; NOTING the decision of the Bali Concord II adopted at the Ninth ASEAN Summit held in 2003 calling for completion of Mutual Recognition Arrangements (hereinafter referred to as MRAs or singularly as MRA ) for qualifications in major professional services by 2008 to facilitate free movement of professional/skilled labour/talents in ASEAN; NOTING that the International Union of Architects (hereinafter referred to as UIA ) Accord on Recommended International Standards of Professionalism in Architectural Practice shall be used as an optional reference for this MRA or otherwise agreed; and DESIRING to provide a generic model MRA for Architectural Services in strengthening professional capabilities by promoting the flow of relevant information and exchanging expertise, experiences and best practices suited to specific needs of ASEAN Member Countries; HAVE AGREED on this ASEAN Mutual Recognition Arrangement on Architectural Services (hereinafter referred to as this Arrangement ) as follows: ARTICLE 1 OBJECTIVES The objectives of this Arrangement are: 1.1 to facilitate mobility of Architects; 1.2 to exchange information in order to promote adoption of best practices on standards of architectural education, professional practice and qualifications; 1.3 to conform to the spirit of ASEAN co-operations based on fair distribution of resources and benefits through collaborative researches; and 1.4 to encourage, facilitate and establish mutual recognition of Architects and set up standards and commitment of technological transfer among ASEAN Member Countries. ARTICLE 2 DEFINITIONS AND SCOPE In this Arrangement, unless the context otherwise requires: 2.1 Accreditation refers to quality assurance of Graduate Architects by the respective national authorised bodies.

99 Architect refers to a natural person who holds the nationality of an ASEAN Member Country and has been assessed by a Professional Regulatory Authority (PRA) of any participating ASEAN Member Country as being technically, morally, and legally qualified to undertake professional practice of architecture and is registered and licensed for such practice by the Professional Regulatory Authority (PRA). ASEAN Member Countries may have different nomenclatures and requirements for this term. 2.3 Architectural Services refers to the activities covered under Central Product Classification (hereinafter referred to as CPC ) 8671 of the Provisional CPC of the United Nations. 2.4 Assessment refers to particular processes for reporting or comparison of achievement against criteria, standards, or a benchmark. 2.5 Benchmark refers to an agreed level by which others can be measured. 2.6 Certification refers to the issuance of a certificate or licence to those who have met specified requirements for registration. 2.7 Country of Origin refers to the ASEAN Member Country where the Architect has an existing licence to practice architecture. 2.8 Criteria or Standards refers to a specification of qualities required to be met. 2.9 Graduate Architect refers to a natural person who holds the nationality of an ASEAN Member Country and has satisfactorily completed an architectural program that is assessed as meeting required criteria in architecture determined by a recognised professional architectural body or state authority Host Country refers to the country where the ASEAN Architect (AA) applies to work, either in independent practice or in collaboration with the local licensed Architect, where appropriate to practise architecture Practice of Architecture refers to the provision of architectural services in connection with urban planning and the design, construction, conservation, restoration or alteration of a building or group of buildings. Subject to the Host Country s domestic regulations, these professional services include, but are not limited to, planning and land-use planning, urban design, provision of preliminary studies, designs, models, drawings, specifications and technical documentation, coordination of technical documentation prepared by others (consulting engineers, urban planners, landscape architects and other specialist consultants) as appropriate and without limitation, construction economics, contract administration, monitoring and supervision of construction and project management Professional Regulatory Authority (PRA) refers to the designated government body or its authorised agency in charge of regulating the practice of architecture as listed in APPENDIX A. Any amendment to this list can be made administratively by the ASEAN Member Country concerned and notified by the Secretary-General of ASEAN to all ASEAN Member Countries. ASEAN Member Countries may have different nomenclatures for this term Recognition refers to acceptance by the relevant authority of the respective ASEAN Member Country on demonstration of compliance with requirements Registered Foreign Architect (RFA) refers to an ASEAN Architect (AA) who has successfully applied to and is authorised by the Professional Regulatory Authority (PRA) of a Host Country to work, either in independent practice or in collaboration with one or more licensed Architects of the Host Country, where appropriate, in accordance with the prevailing Policy on Practice in Host Nations of the UIA Accord Registration refers to the process of placing on a Register those who meet specified requirements within a jurisdiction UIA Accord refers to the International Union of Architects Accord on Recommended International Standards of Professionalism in Architectural Practice Words in the singular include the plural and vice versa. ARTICLE 3 RECOGNITION, QUALIFICATIONS AND ELIGIBILITY 3.1 Recognition of Qualifications to Become an ASEAN Architect (AA) An Architect who has: completed an accredited architectural degree recognised by the professional architectural accreditation body whether in the Country of Origin or Host Country or assessed and recognised as having the equivalent of such a degree. The education for architects should be no less than five (5) years duration delivered on a full time basis in an accredited program in an accredited/ validated university in the Country of Origin while allowing flexibility for equivalency; a current and valid professional registration or licensing certificate to practise architecture in the Country of Origin issued either by the Professional Regulatory Authority (PRA) of the ASEAN Member Countries and in accordance with its policy on registration/licensing/certification of the practice of architecture or the Monitoring Committee pursuant to Article and item 1.2 of Appendix B of this Arrangement; acquired practical and diversified experience of not less than ten (10) years of continuous practice of architecture after graduation, of which at least five (5) years shall be after licensure/ registration and at least two (2) years of which shall be in responsible charge of significant architectural works as stipulated in Appendix D, Format 3; complied with the Continuing Professional Development (CPD) policy of the country of Origin at a satisfactory level; obtained certification from the Professional Regulatory Authority (PRA) of the Country of Origin with no record of serious violation on technical, professional or ethical standards, local and international, for the practice of architecture; and complied with any other requirements agreed upon by the ASEAN Architect Council (AAC) is eligible to apply to the ASEAN Architect Council (AAC) to be registered as an ASEAN Architect (AA) under the ASEAN Architect Register (AAR).

100 ASEAN Architect (AA) An Architect who is eligible to apply to the ASEAN Architect Council (AAC) to be registered as an ASEAN Architect (AA) under Article 3.1 and complies with the Guidelines on Criteria and Procedures as per Appendix B and satisfies the Assessment Statement as per Appendix C, may, upon acceptance and payment of the fees, be emplaced on the ASEAN Architect Register (AAR) and accorded the title of ASEAN Architect (AA). An ASEAN Architect shall practise architecture only in the specific projects in which he/she has been adjudged to be competent under this Arrangement 3.3 Eligibility of an ASEAN Architect (AA) to Practise in a Host Country An ASEAN Architect (AA) shall be eligible to apply to the Professional Regulatory Authority (PRA) of a Host Country to be registered as a Registered Foreign Architect (RFA). The applicant shall submit with his application a sworn undertaking to: (a) be bound by the local and international codes of professional conduct in accordance with the policy on ethics and conduct established and enforced by the Country of Origin; (b) be bound by prevailing laws and regulations of the Host Country; and (c) work, either in independent practice or in collaboration with local licensed Architects in the Host Country, where appropriate subject to domestic laws and regulations of the Host Country governing the practice of architecture thereto Upon approval, the successful ASEAN Architect (AA) applicant shall, subject to domestic laws and regulations of the Host Country, where appropriate, be permitted to work as a Registered Foreign Architect (RFA), either in independent practice or in collaboration with one or more licensed Architects of the Host Country, where appropriate, within such area of his own competency as may be recognised and approved by the Professional Regulatory Authority (PRA) of the Host Country The ASEAN Architect (AA) must register with the Professional Regulatory Authority (PRA) of the Host Country where he intends to practise. The ASEAN Architect must: (a) show evidence of his registration with the Professional Regulatory Authority (PRA) of the Host Country as an ASEAN Architect (AA); (b) identify the architectural practice in the Host Country he intends to collaborate with; and (c) pay the registration fee set by the Professional Regulatory Authority (PRA) of the Host Country, which is not higher than the fee paid by the domestic architects. ARTICLE 4 PROFESSIONAL REGULATORY AUTHORITY, MONITORING COMMITTEE, AND ASEAN ARCHITECT COUNCIL 4.1 Professional Regulatory Authority (PRA) The Professional Regulatory Authority (PRA) of each participating ASEAN Member Country shall be responsible for the following: consider applications from the ASEAN Architect (AA) and authorise the ASEAN Architect (AA) to practise as a Registered Foreign Architect (RFA), either in independent practice or in collaboration with one or more licensed Architects in the Host Country, where appropriate, subject to the domestic laws and regulations; monitor and assess the professional practice of the Registered Foreign Architect (RFA) and to ensure compliance with this Arrangement; report to relevant local and international bodies of the developments in the implementation of this Arrangement, where required; maintain high standards of professional and ethical practice in architecture; notify the ASEAN Architect Council (AAC) Secretariat (set up under Article 4.3.5) promptly in writing when a Registered Foreign Architect (RFA) has contravened this Arrangement, or when an Architect who is also an ASEAN Architect (AA) is no longer qualified to undertake practice of architecture in the Country of Origin, has not complied with Continuing Professional Development (CPD) policy of the Country of Origin at a satisfactory level, or has seriously violated technical, professional or ethical standards either in the Country of Origin or in the Host Country whereby such violations have led to deregistration or suspension from practice; prepare rules and regulations to enable the implementation of this Arrangement; and exchange information regarding laws, practices and prevailing developments in the practice of architecture within the region with the view to harmonisation in accordance with regional and/or international standards. 4.2 Monitoring Committee (MC) A Monitoring Committee (MC) shall be established in and by each participating ASEAN Member Country to develop, process and maintain a national ASEAN Architect Register (AAR) in the Country of Origin The Monitoring Committee (MC) shall be recognised as competent by, and may exercise certain functions on behalf of the authorities responsible for the registration and licensing of architects in the country concerned The Monitoring Committee (MC) shall be recognised as an authorised body and shall be able to certify the qualifications and experiences of an individual architect directly or by reference to other competent bodies The specific responsibilities of the Monitoring Committee (MC) for the development and maintenance of the national ASEAN Architects Register (AAR) are given in the ensuing Articles and below and in Appendices B, C and D to this Arrangement The Monitoring Committee (MC) of each participating ASEAN Member Country seeking authorisation to initiate a national Register for the purpose of the ASEAN Architects Register (AAR) shall prepare a statement setting out the criteria and

101 89 procedures for assessing compliance with the qualifications set out under Article 3.1 for ASEAN Architect applicants. The statement shall be reviewed by the ASEAN Architect Council (AAC) based on the guidelines on criteria and procedures and examples as set out in Appendices B, C and D Each Monitoring Committee (MC) shall further undertake to: ensure that all Architects registered as ASEAN Architects (AA) by the ASEAN Architect Council (AAC) Secretariat comply fully with the requirements specified in this Arrangement, and that a substantial majority of these Architects have demonstrated their compliance through the primary procedures and criteria as shown in Appendices B, C and D; ensure that Architects applying for registration as ASEAN Architects (AA) are required to provide evidence that they have complied with the Continuing Professional Development (CPD) of the Country of Origin at a satisfactory level; ensure that Architects registered by the ASEAN Architect Council (AAC) Secretariat as ASEAN Architects (AA) apply from time to time for renewal of their registration, and in so doing, provide evidence that they have complied with the Continuing Professional Development policy of the Country of Origin at a satisfactory level; ensure the implementation and execution of the amendments agreed under Article 6.3 as directed by the ASEAN Architect Council (AAC); where Article is applicable, withdraw and deregister the said national ASEAN Architect (AA) from the ASEAN Architects Register (AAR); issue Certificates of ASEAN Architect (AA) registration and provide advice on the particulars of any registered ASEAN Architect (AA) on request; and notify ASEAN Architect Council (AAC) and Monitoring Committee (MC) of Country of Origin of non AA practicing architect in Host Country. 4.3 ASEAN Architect Council (AAC) The ASEAN Architect Council (AAC) shall be established and shall have the authority to confer and withdraw the title of ASEAN Architect (AA). This authority may be delegated in writing from time to time by the ASEAN Architect Council (AAC) to the authorised Monitoring Committee (MC) in each participating ASEAN Member Country. Members of the ASEAN Architect Council (AAC) shall comprise one appointed representative from each Monitoring Committee (MC) of the participating ASEAN Member Countries The functions of the ASEAN Architect Council (AAC) shall include: facilitating the development and maintenance of authoritative and reliable Registers of ASEAN Architects (AAR); promoting the acceptance of ASEAN Architects (AA) in each participating ASEAN Member Country as possessing general technicaland professional competence that is substantially equivalent to that of professional architects registered or licensed in the Country of Origin; developing, monitoring, maintaining and promoting mutually acceptable standards and criteria for facilitating practice by ASEAN Architects (AAs) throughout the participating ASEAN Member Countries; seeking to gain a greater understanding of existing barriers to the practice of architecture and to develop and promote strategies to help governments and licensing authorities reduce those barriers and manage their processes in an effective and nondiscriminatory manner; encouraging the relevant governments and licensing authorities to adopt and implement streamlined procedures for granting rights to practice to ASEAN Architects (AA), through the mechanisms available within ASEAN; identifying and encouraging the implementation of best practice for the preparation and assessment of architects intending to practise at the professional level; and continuing mutual monitoring and information exchange by whatever means that are considered most appropriate, including but not limited to: (a) regular communication and sharing of information concerning assessment procedures, criteria, systems, manuals, publications and lists of recognised practitioners; (b) informing all Professional Regulatory Authorities (PRAs) when it has been notified that an ASEAN Architect (AA) is no longer qualified to undertake practice of architecture in the Country of Origin, has not complied with the Continuing Professional Development (CPD) policy of the Country of Origin at a satisfactory level, or has seriously violated technical, professional or ethical standards either in the Country of Origin or the Host Country, whereby such violations have led to deregistration or suspension from practice or withdrawal from the ASEAN Architect Register (AAR); (c) informing the Monitoring Committee of the Country of Origin when it has been notified that an architect from the Country of Origin who has undertaken practice of architecture in a Host Country is not a registered ASEAN Architect (AA); (d) verifying the operation of the procedures of participating ASEAN Member Countries; and (e) observing the open meetings of any Professional Regulatory Authorities (PRAs) and/or commissions responsible for implementing key aspects of these procedures and relevant open meetings of the governing bodies of the participating ASEAN Member Countries The ASEAN Architect Council (AAC) may, whenever it deems appropriate, invite the non-participating ASEAN Member Countries to attend as observers to its meetings The ASEAN Architect Council (AAC) shall report its progress of work to the ASEAN Coordinating Committee on Services (CCS) The administration of the ASEAN Architect Council (AAC) shall be facilitated by a Secretariat. The establishment and funding of the Secretariat shall be decided by the ASEAN Architect Council (AAC).

102 General Meetings of the ASEAN Architect Council (AAC) shall be held at least once in each two year period to deal with applications by Monitoring Committees seeking authorisation to initiate Registers and/or authorisation to review the Guidelines on Criteria and Procedures (Appendix B), Assessment Statement (Appendix C), Appendix D and other related guidelines, procedures and documentation, and recommend any amendments to all the Professional Regulatory Authorities (PRAs). ARTICLE 5 MUTUAL EXEMPTION 5.1 The participating ASEAN Member Countries recognise that any arrangement, which would confer exemption from further assessment by the Professional Regulatory Authority (PRA) that control the right to practise in each country, could be concluded only with the involvement and consent of the Professional Regulatory Authority (PRA), and the relevant government agencies; 5.2 The participating ASEAN Member Countries note that licensing or registering authorities have statutory responsibility for protecting the health, safety, environment and welfare of the community within their jurisdictions, and may require Architects who do not meet the requirements stipulated under Article 3 to submit themselves to some form of supplemental assessment as determined by the ASEAN Architect Council (AAC); 5.3 The participating ASEAN Member Countries consider that the objectives of such supplemental assessment should be to provide the relevant authorities with a sufficient degree of confidence that the Architects concerned: understand the general principles behind applicable codes of practice and laws; have demonstrated a capacity to apply such principles safely and efficiently; and are familiar with other special requirements operating within the Host Country. ARTICLE 6 AMENDMENTS 6.1 Any ASEAN Member Country may request in writing any amendment to all or any part of this Arrangement. 6.2 Unless otherwise provided by this Arrangement, the provisions of this Arrangement may only be modified through amendments mutually agreed upon in writing by the Governments of all ASEAN Member Countries. Any such amendment agreed to shall be reduced in writing and shall form part of this Arrangement and shall come into force on such date as may be determined by all the ASEAN Member Countries. 6.3 Notwithstanding Article 6.2 above, the provisions in Appendices B, C and D and other related guidelines, procedures and documentation may be modified through amendments mutually agreed upon in writing by all the Professional Regulatory Authorities (PRA) of the participating ASEAN Member Countries, provided that the amendments shall not contradict or modify any of the provisions in the main text of this Arrangement. Any amendment agreed to shall be reduced in writing and shall form part of this Arrangement and shall come into force on such date as may be determined by the Professional Regulatory Authorities (PRA) of the participating ASEAN Member Countries. All agreed amendments shall be implemented by the ASEAN Architect Council (AAC). 6.4 Any amendment shall not prejudice the rights and obligations arising from or based on this Arrangement prior or up to the date of such amendment. 6.5 In the event that any provision in Articles 1 to 8 is inconsistent with any provision in Appendices B, C and D, the provision in Articles 1 to 8 shall take precedence. ARTICLE 7 DISPUTE SETTLEMENT The provisions of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR on the 29 November 2004, shall apply to disputes concerning the interpretation, implementation, and/or application of any of the provisions under this Arrangement. ARTICLE 8 FINAL PROVISIONS 8.1 The terms and definitions and relevant provisions of the General Agreement on Trade in Services (GATS) and ASEAN Framework Agreement on Services (AFAS) shall be referred to and shall apply to matters arising under this Arrangement for which no specific provision has been made herein. 8.2 This Arrangement shall enter into force on the date of signature by all ASEAN Member Countries. 8.3 After this Arrangement enters into force pursuant to Article 8.2, any ASEAN Member Country which wishes to participate in this Arrangement (referred to in this Arrangement as a participating ASEAN Member Country ) shall notify the ASEAN Secretary-General in writing of its effective date of participation, and the ASEAN Secretary-General shall thereafter notify the rest of the ASEAN Member Countries of the same. 8.4 Any participating ASEAN Member Country wishing to cease participation in this Arrangement shall notify the ASEAN Secretary- General in writing at least twelve months prior to the date of its effective date of non-participation, and the ASEAN Secretary-General shall thereafter notify the rest of the ASEAN Member Countries of the same. 8.5 This Arrangement shall be deposited with the ASEAN Secretary- General, who shall promptly furnish a certified copy thereof to each ASEAN Member Country. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective governments, have signed this ASEAN Mutual Recognition Arrangement on Architectural Services. DONE at Singapore, this Nineteenth Day of November in the year Two Thousand and Seven, in a single original copy in the English language. For Brunei Darussalam: LIM JOCK SENG Second Minister for Foreign Affairs and Trade For the Kingdom of Cambodia: CHAM PRASIDH Senior Minister and Minister of Commerce

103 91 For the Republic of Indonesia: MARI ELKA PANGESTU Minister of Trade For the Lao People s Democratic Republic: NAM VIYAKETH Minister of Industry and Commerce For Malaysia: RAFIDAH AZIZ Minister of International Trade and Industry For the Union of Myanmar: U SOE THA Minister for National Planning and Economic Development For the Republic of the Philippines: PETER B. FAVILA Secretary of Trade and Industry For the Republic of Singapore: LIM HNG KIANG Minister for Trade and Industry For Kingdom of Thailand: KRIRK-KRAI JIRAPAET Minister of Commerce For the Socialist Republic of Viet Nam: VU HUY HOANG Minister of Industry and Trade APPENDIX A LIST OF PROFESSIONAL REGULATORY AUTHORITIES AND MONITORING COMMITTEES ASEAN Member Country Brunei Darussalam Cambodia Indonesia Lao PDR Malaysia Myanmar Professional Regulatory Authority Ministry of Development Ministry of Land Management, Urban Planning and Construction National Construction Services Development Board Ministry of Public Works and Transportation Board of Architects Malaysia Ministry of Construction Monitoring Committee Ministry of Development Ministry of Land Management, Urban Planning and Construction National Construction Services Development Board Department of Housing and Urban Planning of the Ministry of Public Works and Transportation Board of Architects Malaysia Ministry of Construction APPENDIX B ASEAN ARCHITECTS GUIDELINES ON CRITERIA AND PROCEDURES The purpose of these guidelines is to assist the Monitoring Committees (MC) of ASEAN Member Countries to develop a statement of criteria and procedures for submission to the ASEAN Architect Council (AAC). In accordance with this Arrangement, the eligibility of Architects for designation as an ASEAN Architect (AA) is determined by reference to performance criteria, which are to be considered as a package. Some of these criteria are relatively objective in nature, while others will require the Monitoring Committee to exercise a measure of professional judgement, particularly in relation to exceptional Architects. These performance criteria serve as the benchmark for the Monitoring Committee (MC) to consider: 1.1 Completed an accredited or recognised architectural program, or assessed and recognised as possessing the equivalent In order to be listed on an ASEAN Architect Register (AAR), Architects must demonstrate to the relevant Monitoring Committee (MC) a level of academic achievement at, or following completion of formal education substantially equivalent to that associated with successful completion of: an accredited architectural degree recognised by the professional architectural accreditation body whether in the Country of Origin or Host Country or assessed and recognised as having the equivalent of such a degree. The education for architects should be no less than five (5) years duration delivered on a full time basis in an accredited program in an accredited/validated university by the Country of Origin, while allowing flexibility for equivalency; or an architectural program accredited by a body independent of the education provider, or an examination set by an authorised body within a country, provided that the accreditation criteria and procedures, or the examination standards, as appropriate, have been submitted by one or more Monitoring Committees (MC) to, and endorsed by, the ASEAN Architect Council (AAC). This approach does not restrict participation to countries in which architectural programmes are accredited, or examinations set, by an independent professional body, and does not imply that acceptable academic achievement can be demonstrated only within the context of an architectural degree program. 1.2 Been assessed within their own jurisdiction as eligible for independent practice The assessment shall be undertaken by the Monitoring Committee or by the Professional Regulatory Authority (PRA) within the Country of Origin. The Philippines Singapore Professional Regulation Commission, Board of Architecture Board of Architects Singapore Professional Regulation Commission, Board of Architecture Board of Architects Singapore 1.3 Gained a minimum of not less than ten (10) years of continuous architectural practice after graduation, of which at least five (5) years shall be after licensure registration Thailand Viet Nam Council of Architects Thailand Ministry of Construction Council of Architects Thailand Ministry of Construction The exact definition of practical experience will be at the discretion of the Monitoring Committees (MC) concerned, but the work in question should be clearly relevant to the fields of architecture in which the Architects claim expertise. During the initial period, the Architects should have participated in a range of roles and activities

104 92 appropriate to the practice of architecture. However, their roles while they are in responsible charge of significant architectural work may be more focused. 1.4 Spent at least two years in responsible charge of significant architectural work The definition of significant architectural work will vary between ASEAN Member Countries. As a general guideline, the work should have required the exercise of independent architectural judgment, the projects or programme concerned should have been substantial in duration, cost or complexity, and the Architect should have been personally accountable for their implementation. In general, an Architect may be taken to have been in responsible charge of significant architectural work when they have: planned, designed, coordinated and executed a project of reasonable complexity; or undertaken part of a large project based on an understanding of the whole project; or undertaken novel, complex and/or multi-disciplinary work. The specified period of two years may have been completed in the course of the seven years practical experience since licensure, see Appendix D (Format 1,2 and 3). 1.5 Maintained their Continuing Professional Development (CPD) at a satisfactory level The nature and extent of the required compliance with the Continuing Professional Development (CPD) policy, and the manner in which compliance is audited, will remain at the discretion of the Monitoring Committee (MC) concerned, but should reflect prevailing norms for such participation by Architects within the ASEAN Member Countries. The Continuing Professional Development (CPD) policy shall be complied with for updating professional skills, broadening knowledge, and exploring new areas to keep abreast with new technologies, methods of practice, and changing social and ecological conditions. Continuing Professional Development is required by the Professional Regulatory Authority (PRA) for renewal and continuation of registration. 1.6 Registered ASEAN Architects (AA) must agree to the following: Codes of professional conduct. All Architects seeking registration as ASEAN Architects (AA) must also agree to be bound by local and international codes of professional conduct with the policy of ethics and conducts established and enforced by the Country of Origin and by any other jurisdiction within which they are practising. Such codes normally include requirements that Architects place the health, safety, environment, and welfare of the community above their responsibilities to clients and colleagues, practice only within their area of competence, and advise their clients when additional professional assistance becomes necessary in order to implement a program or project. Monitoring Committees (MC) are required to certify that, at registration, the candidate has signed a statement of compliance with such applicable professional codes Accountability. ASEAN Architects (AA) must also agree to be held individually accountable for their actions, both through requirements imposed by the licensing or registering body in the jurisdictions in which they work and through the legal processes of such jurisdictions. APPENDIX C ASEAN ARCHITECT ASSESSMENT STATEMENT The preparation of an Assessment Statement for assessing Architects seeking registration as an ASEAN Architect (AA) will involve identification and nomination of the following elements by the Monitoring Committee (MC) in each participating ASEAN Member Country; 1.1 One or more mechanisms for accrediting or recognising: structured educational programmes which qualify Graduate Architects to enter professional architectural practice, and/ or assessment instruments which provide an alternative or supplementary mechanism for Graduate Architects to demonstrate that they have reached an appropriate educational standard. 1.2 One or more mechanisms for assessing qualified Graduate Architects as being eligible for professional architectural practice, normally after those Graduate Architects have completed a period of supervised or monitored professional experience. 1.3 A mechanism for confirming that individual Architects have: gained a minimum of not less than ten (10) years of continuous architectural practice after graduation, of which at least five (5) years shall be after licensure/registration; completed at least two years in responsible charge of significant architectural work; complied with the Continuing Professional Development (CPD) policy of the Country of Origin at a satisfactory level, and complied with, and are bound by, an appropriate code of conduct. 1.4 A mechanism for ensuring that registrants are audited at regular intervals to ensure that they have continued to comply with the conditions of registration. For each element, the Assessment Statement for each ASEAN Member Country may include: mechanisms applicable to Architects, and/or national, regional and provincial mechanisms, and/or existing or superseded mechanisms which are recognised by the Monitoring Committee (MC) of ASEAN Member Country in assessing candidates for registration as ASEAN Architect (AA). The Monitoring Committee (MC) may attach restrictions to any or all mechanisms and all such restrictions must be clearly identified. Assessment Statements are intended to be dynamic documents, with necessary amendments being effected by the responsible Monitoring Committee (MC) from time to time and notified to the ASEAN Architect Council (AAC), through the Secretariat. The Assessment Statement Flow Chart is as per Appendix E.

105 93 APPENDIX D Format 1 MONITORING COMMITTEE SUMMARY OF ASSESSMENT OF APPLICATION FOR ASEAN ARCHITECT REGISTRATION Name of Architect Applicant :.. (As in Passport) Name of Country of Origin :.. Qualification Obtained :.. Qualification Place and date obtained :.. Architect Registration No.(Country of Origin).. Present Company/Work Place Name :.. Company/Work Place Address :.. Postcode:. Country:. I wish to be placed on the ASEAN Architect Register (AAR) and apply as described below in accordance with the provision that defines two years experience in responsible charge of significant architectural works. 1. Significant Architectural Work Experience (describe in retrospective order, beginning with the most recent one.) Work No. Starting Date / Ending Date / (months Attestant's Column Name of Organisations / Positions / Title Name of Work Signature Relationship of Attestant to Applicant Tel / Fax Architect Registration Date :.. ASEAN Architect Register (AAR) : Certified Compliance with ASEAN Architect Criteria: Completed an accredited or recognised architectural program, or assessed recognised equivalent Been assessed within their own country as eligible for independent practice Gained a minimum of not less than ten (10) years of continuous architectural practice after graduation, of which at least five (5) years shall be after licensure/registration Spent at least two years in responsible charge of significant architectural work Note: The attestant above shall be, in principle, the representative of the organisation under which the applicant executed his architectural work. 2. Detailed Description of Significant Architectural Work (Describe, in detail, each work listed in the preceding page.) Work No. Position in Architectural Work Contents of Work (Describe the contents and significance of the work, the applicant s role, and the degree of the applicant's responsibility. Using about 50 words.) Complied with the Continuing Professional Development policy of the Country of Origin at a satisfactory level Confirmed signature on statement of compliance with codes of ethics Signed :.. Name of Officer Delegated :.. ASEAN Architect Monitoring Committee :.. (Name of Country of Origin) Date :.. APPENDIX D Format 2 SIGNIFICANT ARCHITECTURAL WORK APPLICATION FOR ASEAN ARCHITECT REGISTRATION Receipt No. :.. Name of Architect (As in Passport) :.. Name Title (if any) :.. (eg. Mr., Mrs, Ms., Ar., Dr., etc) Architect Registration No. :.. Architect Registration Date :.../../ (DD/MM/YY) Qualification : Date of Birth :../ /... (DD/MM/YY) Mailing Address :.. Postcode:. Country:. Note: Make a copy of this sheet when an extra sheet is needed. To ASEAN Architect Monitoring Committee, I hereby declare that the above descriptions are true to the best of my knowledge. Signature :.. Architect Applicant's name :.. Date :.. APPENDIX D Format 3 EXPLANATORY NOTES FOR THE TWO YEARS EXPERIENCES IN RESPONSIBLE CHARGE OF SIGNIFICANT ARCHITECTURAL WORK 1. The definition of significant architectural work will vary between ASEAN Member Countries. As a general guideline, the work should have required the exercise of independent architectural judgment, the projects or programmes concerned should have been substantial in duration, cost or complexity, and the professional architect should have been personally accountable for their implementation. 2. In general, a professional architect may be taken to have been in responsible charge of significant architectural work when they have:

106 planned, designed, coordinated and executed a project of reasonable complexity; or 2.2 undertaken part of a large project based on an understanding of the whole project; or 2.3 undertaken novel, complex and/or multi-disciplinary work. 3. The above refers to an Architect having possessed at least two years experiences in responsible charge of significant architectural works in at least 2 of the following categories of projects. The final project sizes for each category shall be determined by the ASEAN Architect Council (AAC): Project Category a. Commercial b. Industrial c. Residential d. Public Buildings e. Master Planning AAC Secretariat One of the Monitoring Committee of Member Countries designated as AAC Secretariat to be decided by ASEAN Architect Council (AAC) Professional Regulatory Authority (PRA) consider applications from and authorise the ASEAN Architect (AA) to work as Registered Foreign Architect (RFA) Examples of Project Size to be decided by the ASEAN Architect Council (AAC) Shopping Complex of area about 10,000m2, Hotel of unit numbers about 100 rooms, etc. Industrial building of area about 4,000m2 Apartment blocks of units numbering about 200 units Public buildings of area about 4,000m2 Mixed development of size about 10 hectares APPENDIX E ASSESSMENT STATEMENT FLOW CHART ASEAN CCS ASEAN Architect Council (AAC) Comprised of one representative from each Monitoring Committee (MC) of participating Member Countries. Determine policies and procedures for facilitating practice by ASEAN Architect (AA) Maintain overall registration of AA throughout the participating Member Countries (AAR) Monitoring Committee (MC) Designated by each participating Member Country according to laws and regulations of Member Countries Implement the policies of the ASEAN Architect Council (AAC) Register ASEAN Architect (AA) in Country of Origin Register ASEAN (AA) as Registered Foreign Architect (RFA) Notify ASEAN Architect Council (AAC) the deregistration/ suspension of ASEAN Architect (AA) Notify ASEAN Architect Council (AAC) and Monitoring Committee (MC) of Country of Origin of non AA practicing architect in Host Country. Notify MC of any deregistration / suspension of Registered Foreign Architect (RFA) Architect Applicant from ASEAN Member Country ASEAN Frameworks Arrangements for the Mutual Recognition of Surveying Qualifications Singapore, 19 November 2007 The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, Lao People's 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 Countries of the Association of South East Asian Nations (hereinafter collectively referred to as ASEAN or ASEAN Member Countries or singularly as ASEAN Member Country ); RECOGNISING the objectives of ASEAN Framework Agreement on Services (hereinafter referred to as AFAS ), which are to enhance cooperation in services amongst ASEAN Member Countries in order to improve the efficiency and competitiveness, diversify production capacity and supply and distribution of services of their services suppliers within and outside ASEAN; to eliminate substantially restrictions to trade in services amongst ASEAN Member Countries; and to liberalise trade in services by expanding the depth and scope of liberalisation beyond those undertaken by ASEAN Member Countries under the General Agreement on Trade in Services (hereinafter referred to as GATS ) with the aim to realising a free trade area in services; RECOGNISING that qualifications is an essential component in assuring professional competence and that ASEAN Member Countries have different levels of development of the surveying profession and the regulatory and institutional frameworks, as well as different qualification standards and requirements in each ASEAN Member Country; NOTING that Article V of AFAS provides that ASEAN Member Countries may recognise the education or experience obtained, requirements met, or licenses or certifications granted in another ASEAN Member Country, for the purpose of licensing or certification of service suppliers; NOTING the decision of the Bali Concord II adopted at the Ninth ASEAN Summit held in 2003 calling for completion of Mutual Recognition Arrangements (hereinafter referred to as "MRAs" or singularly as MRA ) for qualifications in major professional services by 2008 to facilitate free movement of professional/skilled labour/talents in ASEAN; and DESIRING to provide a framework to facilitate the negotiations of MRAs on surveying qualifications among ASEAN Member Countries as well as to promote the flow of relevant information and the exchange of expertise, experiences and best practices suited to specific needs of ASEAN Member Countries; HAVE AGREED on this ASEAN Framework Arrangement on the Mutual Recognition of Surveying Qualifications (hereinafter referred to as this Framework Arrangement ) as follows: ARTICLE I OBJECTIVES The objectives of this Framework Arrangement are: 1.1 To identify the framework and establish the basis for Competent Authorities to observe while negotiating MRAs between or amongst each other to facilitate the mutual recognition and mobility of Surveying

107 95 Professionals as it is recognised that ASEAN Member Countries may have different nomenclatures and requirements; 1.2 To exchange information in order to promote trust and adoption of best practices on surveying standards and qualifications. ARTICLE II DEFINITIONS In this Framework Arrangement, unless the context otherwise requires: 2.1 Assessment or Evaluation refers to particular processes for reporting or comparison of achievement against core competencies, criteria, standards, or a benchmark adopted by each Competent Authority or body in each of the ASEAN Member Countries. 2.2 Competent Authority refers to the designated government regulatory body or its authorised agency in charge of regulating the practice of surveying services and Registered/Licensed Surveyors as listed in Appendix I. Any amendment to this list can be made administratively by the ASEAN Member Country concerned and notified by the Secretary-General of ASEAN to all ASEAN Member Countries. 2.3 Criteria or Standards refers to a specification and/or mark of quality which a Competent Authority requires to be met. 2.4 Home Country refers to the ASEAN Member Country where the Surveying Professional has qualified and recognised by the Competent Authority of that country. 2.5 Host Country refers to the ASEAN Member Country where the Competent Authority of that country recognises a Surveying Professional from another ASEAN Member Country. 2.6 Recognition refers to acceptance by Competent Authorities of compliance with requirements. 2.7 Registered/Licensed Surveyor refers to a Surveyor who has been assessed by a Competent Authority as being competent and legally qualified to engage in or provide surveying services within its jurisdiction. It must be recognised that ASEAN Member Countries may have different nomenclatures and requirements. 2.8 Registration/Licensing refers to the process of placing on a register those who have met specified requirements within a jurisdiction by a Competent Authority. 2.9 Surveying Professional refers to a Surveyor who has the experience or technical expertise that is assessed as meeting the required criteria determined by a Competent Authority. This experience or technical expertise must be acquired over an aggregate of not less than two years. 2.10Surveying Services refers to one or more of the activities, which may occur either on, above or below the surface of the land or the sea and may be carried out in association with other professionals as defined by the International Federation of Surveyors (FIG), as reproduced in Appendix II. For the purposes of this Framework Arrangement, items (i), (j) and (k) of Appendix II and part of item (h) of Appendix II namely the study of social environment in the planning of development in urban, rural and regional areas are excluded Surveyor refers to a national of an ASEAN Member Country who has satisfactorily completed an undergraduate (degree) education at a university/college/ institution in a recognised surveying program that is assessed as meeting the required criteria in a discipline of surveying services determined by a Competent Authority. ARTICLE III BASIS OF RECOGNITION 3.1 Education The ASEAN Member Countries agree that an applicant who seeks recognition must have met the educational requirements in effect in the Home Country granting the original recognition at the time that such recognition was granted. Such applicant s educational credentials may be assessed by the Host Country and accepted as having satisfied the educational requirements of the Host Country. 3.2 Examinations (a) ASEAN Member Countries recognise that there may be a need to require the applicants to pass an examination or examinations designed to assure that the applicants have satisfactory knowledge of relevant local and national legislation, standards and practices in the Host Country. (b) ASEAN Member Countries agree that applicants who have been granted recognition by the Competent Authority of the applicant s Home Country may not be required to complete the entire qualifying examination (if any) in order to qualify for recognition in the Host Country, provided that the educational and other professional requirements of the Host Country are met. 3.3 Experience (a) ASEAN Member Countries agree that the completion of a minimum period of post graduating surveying experience is a requirement for recognition. The amount and nature of experience required must be equivalent to the experience requirement of the Host Country granting the recognition. (b) If either the amount or nature of the experience acquired by an applicant in the Home Country does not meet the requirements of the Host Country, the applicant may be permitted to complete prescribed experience in the Host Country before being eligible for recognition in the Host Country. 3.4 Recognition Process (a) ASEAN Member Countries shall ensure that any measure it adopts or maintains relating to the recognition, registration or licensing of a Surveying Professional from another ASEAN Member Country is competency-based and readily accessible or published and does not result in any unnecessary delay nor impose inequitable fees, except as may be reasonably necessary to take into account any cost or exchange rate differentials. (b) ASEAN Member Countries agree that the registration and/or licensing of Surveying Professionals within its jurisdiction shall be subject to her domestic laws, rules, regulations, national policies, standards and requirements. 3.5 Information and Documentation (a) The Competent Authorities as listed in Appendix I shall make publicly available, information on the particular processes for assessing qualifications including its adopted core competencies, criteria, standards or benchmark. (b) Applicants may request and obtain the necessary information and documentations outlining the particular processes for assessing qualifications, including adopted competency, criteria, standards or benchmarks, from the Competent Authority of the Host Country.

108 Discipline and Ethics The ethical behaviour of Surveying Professionals and the practice of professional surveying in each ASEAN Member Country shall be governed by her existing laws, rules, regulations, by-laws and national policies relevant to govern and regulate discipline and ethical behaviour of Surveying Professionals in that jurisdiction. 3.7 International Federation of Surveyors Standards and Guidelines ASEAN Member Countries acknowledge and agree that the basis of recognition requirements shall be in accordance with the spirit of the standards and guidelines set out by International Federation of Surveyors. The professional competencies and qualifications threshold for the practice of surveying in all ASEAN Member Countries shall be established, maintained and upheld by reference to these standards. ARTICLE IV RIGHTS TO REGULATE 4.1 MRAs concluded pursuant to Article shall not reduce, eliminate or modify the rights, powers and authority of each ASEAN Member Country to set and regulate the necessary laws, rules, regulations, national policies, standards, requirements. ASEAN Member Countries shall undertake to exercise their regulatory powers in good faith in line with the objectives of this Framework Arrangement without creating any unnecessary barriers for recognition in favour of their respective Surveying Professionals. ARTICLE V GENERAL ACTIVITIES 5.1 Confidence Building ASEAN Member Countries and its Competent Authority shall endeavour to: Promote acceptable international standards, criteria and best practices to facilitate the effective and efficient delivery of surveying services; Identify and encourage the implementation of best practise for the preparation and assessment of Surveyors intending to practise at the professional level; Continually exchange information by whatever means considered most appropriate particularly on the adopted assessment/evaluation processes and the adopted competencies, criteria, standards, or benchmark pertaining to the recognition of surveying qualifications; and Maintain a current listing of all recognised qualifications and be updated of the progress of any MRA on Surveying Qualifications being entered into between or amongst Competent Authorities. 5.2 Responsibilities The Competent Authorities listed in Appendix I shall be responsible for the following: Negotiate and implement subsequent MRA with one or more Competent Authorities as listed in Appendix I; Monitor and regulate the conduct of Surveying Professionals so recognised under any MRAs; Promote continuing education and professional Maintain best practices including high standards for professional and ethical practise in surveying; and Exchange information regarding laws, practices and developments in the practise of surveying within its jurisdictions. ARTICLE VI ADMINISTRATION 6.1 Mutual Recognition ASEAN Member Countries recognise that this Framework Arrangement establishes the basis and procedural arrangements for Competent Authorities to observe while negotiating MRAs. A proposed outline of such MRA is attached as Appendix III for reference. 6.2 Administration Negotiations of MRAs between or amongst Competent Authorities as well as the implementation of the provisions of this Framework Arrangement shall be held under the auspices of the ASEAN Coordinating Committee on Services or its successor. 6.3 Funding Initiatives undertaken pursuant to this Framework Arrangement shall be funded by the respective ASEAN Member Country undertaking such initiative. ARTICLE VII AMENDMENTS 7.1 This Framework Arrangement may be amended with the agreement of all ASEAN Member Countries. Such amendment shall be reduced into writing and shall form part of this Framework Arrangement. 7.2 Any amendment made pursuant to this Article shall come into force on such date as may be determined by all ASEAN Member Countries. 7.3 Any amendment to Appendix I may be done administratively by the ASEAN Member Country concerned and shall be notified to the Secretary-General of ASEAN who will then notify the other ASEAN Member Countries. ARTICLE VIII DISPUTE RESOLUTION 8.1 ASEAN Member Countries shall at all times endeavour to agree on the interpretation and application of this Framework Arrangement and shall make every attempt through communication, dialogue, consultation and cooperation to arrive at a mutually satisfactory resolution of any matter that might affect the implementation of this Framework Arrangement. 8.2 The provisions of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR on the 29 November 2004, shall apply to unresolved disputes upon exhaustion of the mechanism in Article 8.1. ARTICLE IX FINAL PROVISIONS 9.1 The terms, definitions and other provisions of the GATS and AFAS shall be referred to and shall apply to matters arising from this Framework Arrangement for which no specific provision has been made therein. 9.2 This Framework Arrangement shall enter into force three (3) months after signing by all ASEAN Member Countries.

109 This Framework Arrangement shall be deposited with the ASEAN Secretary-General, who shall promptly furnish a certified copy thereof to each ASEAN Member Country. IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective governments, have signed this ASEAN Framework Arrangement for the Mutual Recognition of Surveying Qualifications. DONE at Singapore, this Nineteenth Day of November in the year Two Thousand and Seven, in a single original copy in the English language. For Brunei Darussalam: LIM JOCK SENG Second Minister for Foreign Affairs and Trade For the Kingdom of Cambodia: CHAM PRASIDH Senior Minister and Minister of Commerce For the Republic of Indonesia: MARI ELKA PANGESTU Minister of Trade For the Lao People s Democratic Republic: NAM VIYAKETH Minister of Industry and Commerce For Malaysia: RAFIDAH AZIZ Minister of International Trade and Industry For the Union of Myanmar: U SOE THA Minister for National Planning and Economic Development Appendix I Competent Authority in charge of regulating the practice of surveying services and Registered/ Licensed Surveyors (Refer to Article 2.2) Brunei Darussalam Kingdom of Cambodia Republic of Indonesia Lao People s Democratic Republic Malaysia Union of Myanmar Republic of the Philippines Republic of Singapore Land Surveyors Board General Department of Cadastre and Geography Ministry of Land Management, Urban Planning and Construction National Coordinating Agency for Surveys and Mapping 1. National Geographic Department, Prime Minister's Office 2. Department of Housing and Urban Planning, Ministry of Public Works and Transportation Land Surveyors Board Ministry of Natural Resources and Environment Survey Department Ministry of Agriculture and Irrigation Professional Regulation Commission Board of Geodetic Engineering Land Surveyors Board Ministry of Law For the Republic of the Philippines: PETER B. FAVILA Secretary of Trade and Industry For the Republic of Singapore: LIM HNG KIANG Minister for Trade and Industry Kingdom of Thailand Socialist Republic of Viet Nam Council of Engineers Department of Survey and Mapping Ministry of Natural Resources and Environment For Kingdom of Thailand: KRIRK-KRAI JIRAPAET Minister of Commerce For the Socialist Republic of Viet Nam: VU HUY HOANG Minister of Industry and Trade Appendix II FIG Definition of the Functions of the Surveyor (As adopted on 23 May 2004) (Refer to Article 2.10) Summary A surveyor is a professional person with the academic qualifications and technical expertise to conduct one, or more, of the following activities; - to determine, measure and represent land, three-dimensional objects, point-fields and trajectories; - to assemble and interpret land and geographically related information, - to use that information for the planning and efficient administration of the land, the sea and any structures thereon; and, - to conduct research into the above practices and to develop them. Detailed Functions The surveyor s professional tasks may involve one or more of the following activities, which may occur, either on, above or below the surface of the

110 98 land or the sea and may be carried out in association with other professionals. (a) The determination of the size and shape of the earth and the measurement of all data needed to define the size, position, shape and contour of any part of the earth and monitoring any change therein. (b) The positioning of objects in space and time as well as the positioning and monitoring of physical features, structures and engineering works on, above or below the surface of the earth. (c) The development, testing and calibration of sensors, instruments and systems for the above-mentioned purposes and for other surveying purposes. (d) The acquisition and use of spatial information from close range, aerial and satellite imagery and the automation of these processes. (e) The determination of the position of the boundaries of public or private land, including national and international boundaries, and the registration of those lands with the appropriate authorities. (f) The design, establishment and administration of geographic information systems (GIS) and the collection, storage, analysis, management, display and dissemination of data. (g) The analysis, interpretation and integration of spatial objects and phenomena in GIS, including the visualisation and communication of such data in maps, models and mobile digital devices. (h) The study of the natural and social environment, the measurement of land and marine resources and the use of such data in the planning of development in urban, rural and regional areas. (i) (j) The planning, development and redevelopment of property, whether urban or rural and whether land or buildings. The assessment of value and the management of property, whether urban or rural and whether land or buildings. (k) The planning, measurement and management of construction works, including the estimation costs. In the application of the foregoing activities surveyors take into account the relevant legal, economic, environmental and social aspects affecting each project. Appendix III Proposed Outline for a Mutual Recognition Arrangement of Surveying Qualifications (Refer to Article 6.1) 1.0 Purpose Mutual Recognition Arrangement on Surveying Qualifications between <Listing of Competent Authorities Participating in the Arrangement> The purpose of this MRA is to establish the conditions under which a Surveying Professional in one jurisdiction may have his/her qualifications recognised in another jurisdiction that is a Party to this Arrangement pursuant to the ASEAN Framework Arrangement for the Mutual Recognition of Surveying Qualifications. 2.0 Definitions 3.0 Terms and Conditions 4.0 Terms of Recognitions 5.0 Administration of the Arrangement IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective governments, have signed this Mutual Recognition Arrangement on Surveying Qualifications. DONE at., on... in copies in the English language. ASEAN Free Trade Area (AFTA) Joint Media Statement of the 21 st Meeting of the ASEAN Free Trade Area (AFTA) Council Makati City, Philippines, 23 August The Twenty First Meeting of the ASEAN Free Trade Area (AFTA) Council was held on 23 August 2007 in Makati City, the Philippines. 2. The Meeting was attended by Ministers from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam. The Secretary-General of ASEAN was also in attendance. The Meeting was chaired by H.E. Peter B. Favila, Secretary of Trade and Industry of the Philippines. The AFTA Council Meeting was preceded by a meeting of the ASEAN Senior Economic Officials on 19 August The Ministers discussed, among others, the progress made in the implementation of the Common Effective Preferential Tariff (CEPT) Scheme for AFTA, elimination of non-tariff barriers, reform of the Rules of Origin for AFTA and enhancement of the CEPT Agreement. Realisation of the ASEAN Free Trade Area 4. AFTA is very close to its full realisation % of the total products in ASEAN have been brought into the CEPT Inclusion list (IL), and tariffs of 93.67% of these products have been reduced to within 0-5%. Tariffs on 98.67% of the products in the IL of ASEAN-6 have been brought down to the 0-5% range. As of this date, products in the IL which continue to have tariffs above 5% are those which have been transferred from the Sensitive Lists (SL), Highly Sensitive List (HSL) and General Exception Lists (GE). The CLMV Countries are also contributing to this progress as 97.32% of their products have been brought into the IL and tariffs on 86.21% of these items have already been reduced to the 0-5% band. 5. Contributing to the achievement, Cambodia transferred the last remaining TEL items into IL on 14 August 2007, and Myanmar transferred her un-processed agriculture products from TEL and SL into the IL on 23 November 2006, as committed under the Protocol on their respective Accession to the CEPT Agreement. With this, there are no more products in the TEL of the CEPT. The products remaining in the SL of Cambodia, Lao PDR and Myanmar account for only 0.51%, 1.90% and 0.25% of their respective tariff lines.

111 99 6. The process of full tariff elimination is also progressing well as expected. Malaysia has eliminated tariffs for 80% of her products in accordance with the target for ASEAN 6 stipulated in the Roadmap for the Integration of ASEAN (RIA). The 80% also includes tariff elimination for the products under the Priority Integration Sectors. All ASEAN 6 Ministers reassured their commitment of achieving the 80% target of tariff elimination under RIA as well as tariff elimination for the Priority Integration Sectors by end of 2007, while Singapore does not apply tariffs on any of her products. With this, as of today, tariffs on 71.44% of the products in the IL of ASEAN-6 have been eliminated. The average tariff for ASEAN-6 under the CEPT Scheme is now down to 1.59 % from 12.76% in 1993, while the average CEPT rate for CLMV is 4.4%, down from 4.65% in The Ministers re-emphasised the commitment to realise integration of the priority sectors and the need to ensure benefits for the ASEAN business sector. As such, the Ministers agreed that the effective implementation of tariff elimination would be made retroactive to 1 January 2007, and that any overpaid duties between 1 January 2007 and the date of the tariff elimination enactment would be refundable. Elimination of Non-Tariff Barriers 8. The Ministers endorsed the modality for the elimination of non-tariff barriers, which would serve as guidelines for the deliberations on NTB elimination. Verifications and cross-verifications are currently being undertaken on the Non-Tariff Measures (NTMs) in ASEAN with a view to identifying measures that are barriers to trade. The Ministers noted the on-going identification of Non-Tariff Barriers to be eliminated by January 2008 as part of the first package in the ASEAN NTB elimination work programme. The Ministers reiterated the importance they attached to the work in eliminating NTBs so as to ensure the realisation of free flow of goods, as one of the key pillars of the ASEAN Economic Community and encouraged the officials to continue their work on the matter. Enhanced CEPT Rules of Origin (ROO) 9. The Ministers noted the progress made in developing the alternative substantial transformation rules for the remaining CEPT products, which is expected to further facilitate the integration process in the region to become a single production base and to enhance ASEAN competitiveness. The Ministers further noted the substantive progress made in enhancing the Rules of Origin for CEPT-AFTA and its Operational Certification Procedures, which is aimed to clarify, simplify and update the rules to be adapted to changes in the current business arrangement within ASEAN, particularly as ASEAN negotiates Free Trade Agreements with Dialogue Partners. The Ministers tasked the ASEAN Task Force on Rules of Origin to finalise both the development of substantial transformation rules for the remaining CEPT products and the revised CEPT Rules of Origin and its Operational Certification Procedures by end of 2007 for effective implementation by early Enhancement of CEPT Agreement 10. The Ministers agreed to enhance the CEPT Agreement to make it a comprehensive Trade in Goods (TIG) Agreement applicable to ASEAN s current needs for accelerated economic integration towards The Agreement would bring AFTA into a rules-based system, which would enhance the confidence of the business community as well as foreign investors. The Ministers directed the officials to ensure the relevance of CEPT in the existence of the various ASEAN FTAs with Dialogue Partners and tasked the officials to finalise the TIG Agreement for consideration of the Ministers by the 40th AEM Meeting in Customs Cooperation 11. The Ministers took note of the status of the ASEAN Harmonised Tariff Nomenclature (AHTN) 2007 implementation and the continuous effort in modernising customs techniques for trade facilitation. The Ministers also noted the on-going revisions to the draft Protocol 2 of the ASEAN Framework Agreement on the Facilitation of Goods in Transit and the development of the customs transit system. The Ministers encouraged the customs officials to continue their work in further facilitating trade to support the establishment of the ASEAN Economic Community Standard and Conformance 12. The Ministers took note of the development of the ASEAN Guideline on Good Regulatory Practice, which is expected to reduce the regulatory barriers to trade in ASEAN by ensuring the consistency and transparency of technical regulations. The Ministers also noted the implementation of the Mutual Recognition Arrangement on Electrical and Electronic Equipment as well as the progress in the harmonisation of standards and technical regulations in various sectors. Post Marketing Alerts for products of Medical Device, Traditional Medicines and Health Supplements, Pharmaceuticals and Cosmetics have been established to enhance the cooperation between the concerned regulatory authorities in ASEAN in preventing unsafe and substandard products in the region. ASEAN Trade Performance 13. ASEAN s global trade in 2006 totalled to US$1.41 trillion compared with US$ 1.23 trillion in For 2006, total ASEAN exports expanded by 16.5% from US$ billion in 2005 to US$ billion in An increase of 13.0 % was registered in total ASEAN imports, i.e. from US$ billion in 2005 to US$ billion in Based on the available information, total ASEAN exports in the 1st quarter of 2007 amounted to US$ billion, an increase of 10.1% compared with the same period of The total ASEAN imports for the 1st quarter of 2007 was US$ billion, or increased by 7.0% compared with the same period of Intra-ASEAN exports increased from US$ billion in 2005 to US$ billion in 2006, up by 15.3%. The growth in intra-asean imports registered a 15.8 % increase from US$ billion in 2005 to US$ billion in The share of intra-asean trade in ASEAN total trade remained relatively constant with a slight increase of 24.97% in 2006 as compared with % in For 2007, based on the available information, intra-asean exports accounted for US$ billion in the 1st quarter of 2007 or increase of 10.8% compared with the same period of The intra-asean imports for the 1st quarter 2007 registered US$ billion or an increased by 4.1% compared with the same period of Japan, the US, the European Union, China and Korea continued to be ASEAN s largest trading partners. The share of ASEAN trade (exports + imports) with these countries to overall ASEAN trade in 2006 was 11.55%, 11.52%, 11.43%, 9.97% and 3.73 %, respectively. The Meeting was attended by: Dato Paduka Lim Jock Hoi, Permanent Secretary, Ministry of Foreign Affairs and Trade, Brunei Darussalam; H.E. Mr. Kong Vibol, First Secretary

112 100 of State, Ministry of Economy and Finance, Cambodia; Mr. Herry Soetanto, Director-General of International Trade Cooperation, Ministry of Trade, Indonesia (representing H.E. Ms. Mari Elka Pangestu, Minister of Trade, Indonesia); H.E. Mr. Nam Viyaketh, Minister of Industry and Commerce, Lao PDR; Dr. Rebecca Fatima Sta Maria, Deputy Secretary General, Ministry of International Trade and Industry of Malaysia, (representing H.E. Dato Seri Rafidah Aziz, Minister of International Trade and Industry, Malaysia); H.E. U Soe Tha, Minister for National Planning and Economic Development, Myanmar; H.E. Mr. Peter B. Favila, Secretary of Trade and Industry, the Philippines; H.E. Mr. Lim Hng Kiang, Minister for Trade and Industry, Singapore; H.E. Mr. Chalongphob Sussangkarn, Minister of Finance, Thailand; H.E. Mr. Vu Huy Hoang, Minister of Industry and Trade, Viet Nam; H.E. Mr. Ong Keng Yong, Secretary-General of ASEAN Protocol to Provide Special Consideration for Rice and Sugar Makati City, Philippines, 24 August 2007 The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's 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 Member States" collectively or "ASEAN Member State" singularly), ADHERING to the principles, concepts and ideals of the Framework Agreement on Enhancing ASEAN Economic Cooperation signed on 28 January 1992 in Singapore as amended by the Protocol to Amend the Framework Agreement on Enhancing ASEAN Economic Cooperation signed on 15 December 1995 in Bangkok; MINDFUL of the Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) signed on 28 January 1992 in Singapore as amended by the Protocol to Amend the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area signed on 15 December 1995 in Bangkok (hereinafter referred to as the "CEPT Agreement"); RECALLING the Protocol on the Special Arrangement for Sensitive and Highly Sensitive Products signed on 30 September 1999 in Singapore as amended by the First Protocol to Amend the Protocol on Special Arrangement for Sensitive and Highly Sensitive Products signed on 3 September 2004 in Jakarta (hereinafter referred to as "the S/HS Products Protocol"), and the Protocol Regarding the Implementation of the CEPT Scheme Temporary Exclusion List signed on 23 November 2000 in Singapore (hereinafter referred to as the "TEL Protocol") as may be amended; RECOGNISING the political sensitivity of certain basic commodities and the domestic policy framework of individual ASEAN Member States to ensure self-sufficiency and food security; REITERATING their commitment to liberalise trade in unprocessed agricultural products while remaining mindful of the specific needs and conditions of individual ASEAN Member States; DESIRING to provide special considerations to the ASEAN Member States in implementing the CEPT Scheme with respect to the politically sensitive products, HAVE AGREED AS FOLLOWS: ARTICLE 1 Objective and Scope 1. The objective of this Protocol is to allow an ASEAN Member State to, under exceptional cases, request for waiver from the obligations imposed under the CEPT Agreement and its related Protocols, with regard to rice and sugar. 2. The exceptional cases shall include situations beyond those under Article 6 (Emergency Measures) of the CEPT Agreement, Article Vll(2) of the S/HS Products Protocol and the TEL Protocol. ARTICLE 2 Submission 1. An ASEAN Member State requesting for a waiver, shall make a written submission (hereinafter referred to as the "Submission") to the AFTA Council at least 90 days prior to the date the waiver is to take effect. 2. The Submission shall include the following information: (a) product or list of products with the corresponding tariff nomenclature in ASEAN Harmonised Tariff Nomenclature (AHTN) (hereinafter referred to as the "product in question"); (b) justification for the request; (c) latest available 3 year import statistics, by origin, of the product in question; and (d) indicative modality for tariff reduction. 3. A copy of the Submission shall be extended immediately by the ASEAN Secretariat to the Senior Economic Officials Meeting (hereinafter referred to as "SEOM") and to the Coordinating Committee on the Implementation of the CEPT Scheme for AFTA (hereinafter referred to as the "CCCA"). ARTICLE 3 Consideration of the Request 1. Unless otherwise directed by the AFTA Council, the request for waiver shall be considered within the CCCA. The CCCA shall submit its report on the outcome of the discussions, including its recommendations in relation to the request for waiver, to SEOM within 30 days from the date of the receipt of the request. 2. The SEOM shall consider the report of the CCCA and forward its own report, including its recommendations, to the AFTA Council, within 30 days from the date of receipt of the report from the CCCA. 3. The AFTA Council shall consider and decide on the request for waiver within a time period not exceeding 30 days from the date of receipt of the report from SEOM. The decision of the AFTA Council granting the waiver shall state the exceptional circumstances justifying such decision, the terms and conditions governing the granting of the waiver, if any, and the time period within which the waiver shall prevail.

113 101 ARTICLE 4 Consultations 1. An ASEAN Member State, which has been granted a waiver pursuant to Article 3, shall provide adequate opportunity for bilateral consultations with ASEAN Member States having export interests on the product in question so that these interests are taken into account in the implementation of this Protocol. 2. Whilst compensatory adjustment measures are not available under this Protocol, such bilateral consultations may include, inter alia, measures aimed at providing continued market access for the product in question and joint economic cooperation activities that would facilitate the eventual restoration of the obligations under the CEPT Agreement and its related Protocols. 3. Any ASEAN Member State affected by the outcomes of such bilateral consultations may request for bilateral consultations with the ASEAN Member State which has been granted with the waiver. ARTICLE 5 Annual Review 1. The AFTA Council shall, at its annual meeting, review the waiver to determine whether the exceptional circumstances justifying such waiver still exist and whether the terms and conditions attached to the waiver, if any, are being met. 2. The ASEAN Member State which has been granted with the waiver shall submit an annual report for review by the AFTA Council. 3. Based on the outcome of the annual review, the AFTA Council shall render its decision whether to continue, modify or terminate the waiver. ARTICLE 6 Settlement of Disputes The Protocol on Enhanced Dispute Settlement Mechanism for ASEAN shall apply in relation to any dispute arising from, or any difference between ASEAN Member States concerning the interpretation or application of this Protocol. ARTICLE 7 Amendments DONE at Makati City, the Philippines, this Twenty-third Day of August in the year Two Thousand and Seven, in a single original copy in the English language. For the Government of Brunei Darussalam: LIM JOCK SENG Second Minister of Foreign Affairs and Trade For the Royal Government of Cambodia CHAM PRASIDH Senior Minister and Minister of Commerce For the Government of the Republic of Indonesia: MARI ELKA PANGESTU Minister of Trade For the Government of the Lao People's Democratic Republic: NAM VIYAKETH Minister of Industry and Commerce For the Government of Malaysia: RAFIDAH AZIZ Minister of International Trade and Industry For the Government of the Union of Myanmar: U SOE THA Minister for National Planning and Economic Development For the Government of the Republic of the Philippines: PETER B. FAVILA Secretary of Trade and Industry For the Government of the Republic of Singapore: LIM HNG KIANG Minister for Trade and Industry For the Government of the Kingdom of Thailand: KRIRK-KRAI JIRAPAET Minister of Commerce For the Government of the Socialist Republic of Viet Nam VU HUY HOANG Minister of Industry and Trade Any amendment to this Protocol shall be made by consensus and shall become effective upon acceptance by all ASEAN Member States. ARTICLE 8 Final Provisions 1. This Protocol shall enter into force upon signature. 2. This Protocol shall be deposited with the Secretary- General of ASEAN, who shall promptly furnish a certified copy thereof to each ASEAN Member State. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the Protocol to Provide Special Consideration for Rice and Sugar.

114 102 ASEAN Investment Area (AIA) Joint Media Statement of the 10 th ASEAN Investment Area (AIA) Council Meeting Makati City, Philippines, 23 August 2007 AIA Council returns to Manila 1. The AIA Council met for its Tenth Meeting on 23 August 2007 at Makati City, Philippines to review developments in the AIA for the past year, as well as to discuss policy options in attracting more foreign direct investment (FDI) into ASEAN. It may be recalled that the Inaugural Meeting of the AIA Council was held ten years ago in Manila on 8 October 1998 when the Framework Agreement establishing the AIA was signed by the Ministers. ASEAN continues to attract FDI 2. The Council was pleased to note that ASEAN FDI Flows 1 for 2006 reached US$52.4 billion, representing a 28% year-on-year increase from the previous year (US$41 billion). This growth reaffirms ASEAN as a favoured investment destination, as well as sustains the high FDI Flows into the region, which from 2005 have already superseded the height of FDI Flows prior to the Asian Financial Crisis (Figure 1). Figure 1. FDI flows to ASEAN ,000 50,000 40,000 30,000 20,000 10,000 US$ 34.0 billion Source: ASEAN Secretariat, ASEAN FDI Database, 2007, BOP Basis US$ 52.4 billion Preliminary FDI Flows data for the first quarter of 2007 grew by 9% to US$15 billion from US$13.7 billion in the same period last year. The major sources of FDI into ASEAN in 2006 were Japan, the United Kingdom, the United States of America, the Netherlands and Germany. Together, these sources accounted for almost half of total FDI Flows into ASEAN. The fastest growing sources of FDI, on the other hand, are Republic of Korea and China at 90% (from US$578 million in 2005 to US$1 billion in 2006) and 87% (from US$502 million in 2005 to US$937 million in 2006), respectively. 4. Meanwhile, intra-asean FDI grew by 66% from US$3.8 billion in 2005 to US$6.2 billion in Intra-ASEAN FDI accounted for over 10% of total FDI Flows into ASEAN. 5. The Council noted that manufacturing, financial intermediation and related services, including insurance, trade/commerce and services were the top recipients of FDI and together they accounted for 76% 1 Unless otherwise indicated, FDI Flow figures are on Balance-of-Payments (BOP) basis. of total FDI Flows in Remarkable growth in FDI were observed in the financial intermediation and related services sectors, which increased three-fold from US$4.4 billion in 2005 to US$12.4 billion in 2006 and construction, which more than doubled from US$226 million in 2005 to US$523 million in The ASEAN manufacturing sector grows from strength to strength 6. Consistent with the growth in BOP FDI is the increase in Approved Manufacturing FDI (Figure 2) in 2006, which grew by 27% to US$32.3 billion from US$25.4 billion in The top five sectors with substantial FDI interest were radio, television and communication equipment & apparatus; chemicals & chemical products; basic metals; machinery & equipment; and non-metallic mineral products. Figure 2. Approved Manufacturing FDI in ASEAN (in US$ billion) 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000, Source: ASEAN Secretariat, ASEAN FDI Database, 2007, Approval Basis 7. Moreover, preliminary figures for Approved Manufacturing FDI in the 1st half of 2007 has more than doubled to US$30.8 billion from US$12.4 billion in the 1st half of A forward-looking investment agreement 8. Whilst welcoming ASEAN s positive FDI performance for 2006, the Council agreed that the region should be more aggressive in its efforts at attracting FDI. Ten years after the signing of the AIA Agreement and in support of the development of an ASEAN Economic Community (AEC) Blueprint, the AIA Council agreed to revise the Framework Agreement on the ASEAN Investment Area and combine it with the ASEAN Agreement on the Promotion and Protection of Investments into a single ASEAN Comprehensive Investment Agreement (ACIA). 9. Based on the agreed Guiding Principles of the Revised Agreement, the key features of ACIA are: Comprehensive investment liberalisation and protection provisions; Clear timelines for investment liberalisation in line with the ASEAN Economic Community; Benefits extended to foreign-owned ASEAN-based investors; Preservation of AIA preferential treatment; and A more liberal, facilitative, transparent and competitive investment environment. 10. The Council agreed to complete the ACIA by the 11th AIA Council Meeting in Singapore in August Investment promotion drive intensifies The Council lauded the successful conduct of the ASEAN Investment Forum held on 22 August 2007, which included business matching and site visits to selected companies and industrial estates/it parks. The Council also welcomed the proposed outward investment missions of ASEAN 6 to CLMV in early