协议英文原文（与本书第一章至第五章顺序一致）

时间：2023-06-24 百科知识版权反馈

【摘要】：协议英文原文（与本书第一章至第五章顺序一致）FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO－OPERATION BETWEEN ASEAN AND THE PEOPLE’S REPUBLIC OF CHINA PHNOM PENH，4NOVEMBER 2002

FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO－OPERATION BETWEEN ASEAN AND THE PEOPLE’S REPUBLIC OF CHINA PHNOM PENH，4NOVEMBER 2002

PREAMBLE

WE，the Heads of Government／State of Brunei Darussalam，the Kingdom of Cambodia，the Republic of Indonesia，the Lao People’s Democratic Republic（“Lao PDR”），Malaysia，the Union of Myanmar，the Republic of the Philippines，the Republic of Singapore，the Kingdom of Thailand and the Socialist Republic of Viet Nam，Member States of the Association of South East Asian Nations（collectively，“ASEAN”or“ASEAN Member States”，or individually，“ASEAN Member State”），and the People’s Republic of China（“China”）：

Recalling our decision made at the ASEAN－China Summit held on 6November 2001in Bandar Seri Begawan，Brunei Darussalam，regarding a Framework on Economic Co－operation and to establish an ASEAN－China Free Trade Area（“ASEAN－China FTA”）within ten years with special and differential treatment and flexibility for the newer ASEAN Member States of Cambodia，Lao PDR，Myanmar and Viet Nam（“the newer ASEAN Member States”）and with provision for an early harvest in which the list of products and services will be determined by mutual consultation；

Desiring to adopt a Framework Agreement on Comprehensive Economic Co－operation（“this Agreement”）between ASEAN and China（collectively，“the Parties”，or individually referring to an ASEAN Member State or to China as a“Party”）that is forward－looking in order to forge closer economic relations in the 21st century；

Desiring to minimise barriers and deepen economic linkages between the Parties；lower costs；increase intra－regional trade and investment；increase economic efficiency；create a larger market with greater opportunities and larger economies of scale for the businesses of the Parties；and enhance the attractiveness of the Parties to capital and talent；

Being confident that the establishment of an ASEAN－China FTA will create a partnership between the Parties，and provide an important mechanism for strengthening co－operation and supporting economic stability in East Asia；

Recognising the important role and contribution of the business sector in enhancing trade and investment between the Parties and the need to further promote and facilitate their co－operation and utilisation of greater business opportunities provided by the ASEAN－China FTA；

Recognising the different stages of economic development among ASEAN Member States and the need for flexibility，in particular the need to facilitate the increasing participation of the newer ASEAN Member States in the ASEAN－China economic co－operation and the expansion of their exports，including，inter alia，through the strengthening of their domestic capacity，efficiency and competitiveness；

Reaffirming the rights，obligations and undertakings of the respective parties under the World Trade Organisation（WTO），and other multilateral，regional and bilateral agreements and arrangements；

Recognising the catalytic role that regional trade arrangements can contribute towards accelerating regional and global liberalisation and as building blocks in the framework of the multilateral trading system；

Have agreed as follows：

ARTICLE 1

OBJECTIVES

The objectives of this Agreement are to：

a．strengthen and enhance economic，trade and investment co－operation between the Parties；

b．progressively liberalise and promote trade in goods and services as well as create a transparent，liberal and facilitative investment regime；

c．explore new areas and develop appropriate measures for closer economic cooperation between the Parties；and

d．facilitate the more effective economic integration of the newer ASEAN Member States and bridge the development gap among the Parties．

ARTICLE 2

MEASURES FOR COMPREHENSIVE ECONOMIC CO－OPERATION

The Parties agree to negotiate expeditiously in order to establish an ASEAN－China FTA within 10years，and to strengthen and enhance economic co－operation through the following：

a．progressive elimination of tariffs and non－tariff barriers in substantially all trade in goods；

b．progressive liberalisation of trade in services with substantial sectoral coverage；

c．establishment of an open and competitive investment regime that facilitates and promotes investment within the ASEAN－China FTA；

d．provision of special and differential treatment and flexibility to the newer ASEAN Member States；

e．provision of flexibility to the Parties in the ASEAN－China FTA negotiations to address their sensitive areas in the goods，services and investment sectors with such flexibility to be negotiated and mutually agreed based on the principle of reciprocity and mutual benefits；

f．establishment of effective trade and investment facilitation measures，including，but not limited to，simplification of customs procedures and development of mutual recognition arrangements；

g．expansion of economic co－operation in areas as may be mutually agreed between the Parties that will complement the deepening of trade and investment links between the Parties and formulation of action plans and programmes in order to implement the agreed sectors／areas of co－operation；and

h．establishment of appropriate mechanisms for the purposes of effective implementation of this Agreement．

PART 1

ARTICLE 3

TRADE IN GOODS

1．In addition to the Early Harvest Programme under Article 6of this Agreement，and with a view to expediting the expansion of trade in goods，the Parties agree to enter into negotiations in which duties and other restrictive regulations of commerce［except，where necessary，those permitted under Article XXIV（8）（b）of the WTO General Agreement on Tariffs and Trade（GATT）］shall be eliminated on substantially all trade in goods between the Parties．

2．For the purposes of this Article，the following definitions shall apply unless the context otherwise requires：

a．“ASEAN 6”refers to Brunei，Indonesia，Malaysia，Philippines，Singapore and Thailand．

b．“applied MFN tariff rates”shall include in－quota rates，and shall：

i．in the case of ASEAN Member States（which are WTO members as of 1 July 2003）and China，refer to their respective applied rates as of 1July 2003；and

ii．in the case of ASEAN Member States（which are non－WTO members as of 1July 2003），refer to the rates as applied to China as of 1July 2003．

c．“non－tariff measures”shall include non－tariff barriers．

3．The tariff reduction or elimination programme of the Parties shall require tariffs on listed products to be gradually reduced and where applicable，eliminated，in accordance with this Article．

4．The products which are subject to the tariff reduction or elimination programme under this Article shall include all products not covered by the Early Harvest Programme under Article 6of this Agreement，and such products shall be categorised into 2Tracks as follows：

a．Normal Track：Products listed in the Normal Track by a Party on its own accord shall：

i．have their respective applied MFN tariff rates gradually reduced or eliminated in accordance with specified schedules and rates（to be mutually agreed by the Parties）over a period from 1January 2005to 2010for ASEAN 6and China，and in the case of the newer ASEAN Member States，the period shall be from 1January 2005to 2015with higher starting tariff rates and different staging；and

ii．in respect of those tariffs which have been reduced but have not been eliminated under paragraph 4（a）（i）above，they shall be progressively eliminated within timeframes to be mutually agreed between the Parties．

b．Sensitive Track：Products listed in the Sensitive Track by a Party on its own accord shall：

i．have their respective applied MFN tariff rates reduced in accordance with the mutually agreed end rates and end dates；and

ii．where applicable，have their respective applied MFN tariff rates progressively eliminated within timeframes to be mutually agreed between the parties．

5．The number of products listed in the Sensitive Track shall be subject to a maximum ceiling to be mutually agreed among the Parties．

6．The commitments undertaken by the Parties under this Article and Article 6of this Agreement shall fulfil the WTO requirements to eliminate tariffs on substantially all the trade between the Parties．

7．The specified tariff rates to be mutually agreed between the Parties pursuant to this Article shall set out only the limits of the applicable tariff rates or range for the specified year of implementation by the Parties and shall not prevent any Party from accelerating its tariff reduction or elimination if it so wishes to．

8．The negotiations between the Parties to establish the ASEAN－China FTA covering trade in goods shall also include，but not be limited to the following：

a．other detailed rules governing the tariff reduction or elimination programme for the Normal Track and the Sensitive Track as well as any other related matters，including principles governing reciprocal commitments，not provided for in the preceding paragraphs of this Article；

b．Rules of Origin；

c．treatment of out－of－quota rates；

d．modification of a Party’s commitments under the agreement on trade in goods based on ArticleⅩⅩⅧof the GATT；

e．non－tariff measures imposed on any products covered under this Article or Article 6of this Agreement，including，but not limited to quantitative restrictions or prohibition on the importation of any product or on the export or sale for export of any product，as well as scientifically unjustifiable sanitary and phytosanitary measures and technical barriers to trade；

f．safeguards based on the GATT principles，including，but not limited to the following elements：transparency，coverage，objective criteria for action，including the concept of serious injury or threat thereof，and temporary nature；

g．disciplines on subsidies and countervailing measures and anti－dumping measures based on the existing GATT disciplines；and

h．facilitation and promotion of effective and adequate protection of trade－related aspects of intellectual property rights based on existing WTO，World Intellectual Property Organization（WIPO）and other relevant disciplines．

ARTICLE 4

TRADE IN SERVICES

With a view to expediting the expansion of trade in services，the Parties agree to enter into negotiations to progressively liberalise trade in services with substantial sectoral coverage．Such negotiations shall be directed to：

a．progressive elimination of substantially all discrimination between or among the Parties and／or prohibition of new or more discriminatory measures with respect to trade in services between the Parties，except for measures permitted under ArticleⅤ（1）（b）of the WTO General Agreement on Trade in Services（GATS）；

b．expansion in the depth and scope of liberalisation of trade in services beyond those undertaken by ASEAN Member States and China under the GATS；and

c．enhanced co－operation in services between the Parties in order to improve efficiency and competitiveness，as well as to diversify the supply and distribution of services of the respective service suppliers of the Parties．

ARTICLE 5

INVESTMENT

To promote investments and to create a liberal，facilitative，transparent and competitive investment regime，the Parties agree to：

a．enter into negotiations in order to progressively liberalise the investment regime；

b．strengthen co－operation in investment，facilitate investment and improve transparency of investment rules and regulations；and

c．provide for the protection of investments．

ARTICLE 6

EARLY HARVEST

1．With a view to accelerating the implementation of this Agreement，the Parties agree to implement an Early Harvest Programme（which is an integral part of the ASEAN－China FTA）for products covered under paragraph 3（a）below and which will commence and end in accordance with the timeframes set out in this Article．

2．For the purposes of this Article，the following definitions shall apply unless the context otherwise requires：

a．“ASEAN 6”refers to Brunei，Indonesia，Malaysia，Philippines，Singapore and Thailand；

b．“applied MFN tariff rates”shall include in－quota rates，and shall：

i．in the case of ASEAN Member States（which are WTO members as of 1 July 2003）and China，refer to their respective applied rates as of 1July 2003；and

ii．in the case of ASEAN Member States（which are non－WTO members as of 1July 2003），refer to the tariff rates as applied to China as of 1July 2003．

3．The product coverage，tariff reduction and elimination，implementation timeframes，rules of origin，trade remedies and emergency measures applicable to the Early Harvest Programme shall be as follows：

a．Product Coverage

i．All products in the following chapters at the 8／9digit level（HS Code）shall be covered by the Early Harvest Programme，unless otherwise excluded by a Party in its Exclusion List as set out in Annex 1of this Agreement，in which case these products shall be exempted for that Party：

ii．A Party which has placed products in the Exclusion List may，at any time，amend the Exclusion List to place one or more of these products under the Early Harvest Programme．

iii．The specific products set out in Annex 2of this Agreement shall be covered by the Early Harvest Programme and the tariff concessions shall apply only to the parties indicated in Annex 2．These parties must have extended the tariff concessions on these products to each other．

iv．For those parties which are unable to complete the appropriate product lists in Annex 1or Annex 2，the lists may still be drawn up no later than 1March 2003by mutual agreement．

b．Tariff Reduction and Elimination

i．All products covered under the Early Harvest Programme shall be divided into 3product categories for tariff reduction and elimination as defined and to be implemented in accordance with the timeframes set out in Annex 3to this Agreement．This paragraph shall not prevent any Party from accelerating its tariff reduction or elimination if it so wishes．

ii．All products where the applied MFN tariff rates are at 0%，shall remain at 0%．

iii．Where the implemented tariff rates are reduced to 0%，they shall remain at 0%．

iv．A Party shall enjoy the tariff concessions of all the other parties for a product covered under paragraph 3（a）（i）above so long as the same product of that Party remains in the Early Harvest Programme under paragraph 3（a）（i）above．

c．Interim Rules of Origin

The Interim Rules of Origin applicable to the products covered under the Early Harvest Programme shall be negotiated and completed by July 2003．The Interim Rules of Origin shall be superseded and replaced by the Rules of Origin to be nego－tiated and implemented by the Parties under Article 3（8）（b）of this Agreement．

d．Application of WTO provisions

The WTO provisions governing modification of commitments，safeguard actions，emergency measures and other trade remedies，including anti－dumping and subsidies and countervailing measures，shall，in the interim，be applicable to the products covered under the Early Harvest Programme and shall be superseded and replaced by the relevant disciplines negotiated and agreed to by the Parties under Article 3（8）of this Agreement once these disciplines are implemented．

4．In addition to the Early Harvest Programme for trade in goods as provided for in the preceding paragraphs of this Article，the Parties will explore the feasibility of an early harvest programme for trade in services in early 2003．

5．With a view to promoting economic co－operation between the Parties，the activities set out in Annex 4of this Agreement shall be undertaken or implemented on an accelerated basis，as the case may be．

PART 2

ARTICLE 7

OTHER AREAS OF ECONOMIC CO－OPERATION

1．The Parties agree to strengthen their co－operation in 5priority sectors as follows：

a．agriculture；

b．information and communications technology；

c．human resources development；

d．investment；and

e．Mekong River basin development．

2．Co－operation shall be extended to other areas，including，but not limited to，banking，finance，tourism，industrial co－operation，transport，telecommunications，intellectual property rights，small and medium enterprises（SMEs），environment，bio－technology，fishery，forestry and forestry products，mining，energy and sub－regional development．

3．Measures to strengthen co－operation shall include，but shall not be limited to：

a．promotion and facilitation of trade in goods and services，and investment，such as：

i．standards and conformity assessment；

ii．technical barriers to trade／non－tariff measures；and

iii．customs co－operation．

b．increasing the competitiveness of SMEs．

c．promotion of electronic commerce．

d．capacity building．and

e．technology transfer．

4．The Parties agree to implement capacity building programmes and technical assistance，particularly for the newer ASEAN Member States，in order to adjust their economic structure and expand their trade and investment with China．

PART 3

ARTICLE 8

TIMEFRAMES

1．For trade in goods，the negotiations on the agreement for tariff reduction or elimination and other matters as set out in Article 3of this Agreement shall commence in early 2003and be concluded by 30June 2004in order to establish the ASEAN－China FTA covering trade in goods by 2010for Brunei，China，Indonesia，Malaysia，the Philippines，Singapore and Thailand，and by 2015for the newer ASEAN Member States．

2．The negotiations on the Rules of Origin for trade in goods under Article 3 of this Agreement shall be completed no later than December 2003．

3．For trade in services and investments，the negotiations on the respective agreements shall commence in 2003and be concluded as expeditiously as possible for implementation in accordance with the timeframes to be mutually agreed：（a）taking into account the sensitive sectors of the Parties；and（b）with special and differential treatment and flexibility for the newer ASEAN Member States．

4．For other areas of economic co－operation under Part 2of this Agreement，the Parties shall continue to build upon existing or agreed programmes set out in Article 7of this Agreement，develop new economic co－operation programmes and conclude agreements on the various areas of economic co－operation．The Parties shall do so expeditiously for early implementation in a manner and at a pace acceptable to all the parties concerned．The agreements shall include timeframes for the implementation of the commitments therein．

ARTICLE 9

MOST－FAVOURED NATION TREATMENT

China shall accord Most－Favoured Nation（MFN）Treatment consistent with WTO rules and disciplines to all the non－WTO ASEAN Member States upon the date of signature of this Agreement．

ARTICLE 10

GENERAL EXCEPTIONS

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between or among the Parties where the same conditions prevail，or a disguised restriction on trade within the ASEAN－China FTA，nothing in this Agreement shall prevent any Party from taking and adopting measures for the protection of its national security or the protection of articles of artistic，historic and archaeological value，or such other measures which it deems necessary for the protection of public morals，or for the protection of human，animal or plant life and health．

ARTICLE 11

DISPUTE SETTLEMENT MECHANISM

1．The Parties shall，within 1year after the date of entry into force of this A－greement，establish appropriate formal dispute settlement procedures and mechanism for the purposes of this Agreement．

2．Pending the establishment of the formal dispute settlement procedures and mechanism under paragraph 1above，any disputes concerning the interpretation，implementation or application of this Agreement shall be settled amicably by consultations and／or mediation．

ARTICLE 12

INSTITUTIONAL ARRANGEMENTS FOR THE NEGOTIATIONS

1．The ASEAN－China Trade Negotiation Committee（ASEAN－China TNC）that has been established shall continue to carry out the programme of negotiations set out in this Agreement．

2．The Parties may establish other bodies as may be necessary to co－ordinate and implement any economic co－operation activities undertaken pursuant to this A－greement．

3．The ASEAN－China TNC and any aforesaid bodies shall report regularly to the ASEAN Economic Ministers（AEM）and the Minister of the Ministry of Foreign Trade and Economic Co－operation（MOFTEC）of China，through the meetings of the ASEAN Senior Economic Officials（SEOM）and MOFTEC，on the progress and outcome of its negotiations．

4．The ASEAN Secretariat and MOFTEC shall jointly provide the necessary sec－retariat support to the ASEAN－China TNC whenever and wherever negotiations are held．

ARTICLE 13

MISCELLANEOUS PROVISIONS

1．This Agreement shall include the Annexes and the contents therein，and all future legal instruments agreed pursuant to this Agreement．

2．Except as otherwise provided in this Agreement，this Agreement or any action taken under it shall not affect or nullify the rights and obligations of a Party under existing agreements to which it is a party．

3．The Parties shall endeavour to refrain from increasing restrictions or limitations that would affect the application of this Agreement．

ARTICLE 14

AMENDMENTS

The provisions of this Agreement may be modified through amendments mutually agreed upon in writing by the Parties．

ARTICLE 15

DEPOSITARY

For the ASEAN Member States，this Agreement shall be deposited with the Secretary－General of ASEAN，who shall promptly furnish a certified copy thereof，to each ASEAN Member State．

ARTICLE 16

ENTRY INTO FORCE

1．This Agreement shall enter into force on 1July 2003．

2．The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1July 2003．

3．Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1July 2003，the rights and obligations of that Party under this Agreement shall commence on the date of the completion of such internal procedures．

4．A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other parties in writing．

IN WITNESS WHEREOF，WE have signed this Framework Agreement on Comprehensive Economic Co－operation between the Association of South East Asian Nations and the People’s Republic of China．

DONE at Phnom Penh，this 4th day of November，2002in duplicate copies in the English Language．

AGREEMENT ON TRADE IN GOODS OF THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO－OPERATION BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS

The Governments of the People’s Republic of China（“China”），and Brunei Darussalam，the Kingdom of Cambodia，the Republic of Indonesia，the Lao People’s Democratic Republic（“Lao PDR”），Malaysia，the Union of Myanmar，the Republic of the Philippines，the Republic of Singapore，the Kingdom of Thailand and the Socialist Republic of Viet Nam，Member States of the Association of Southeast Asian Nations（collectively，“ASEAN”or“ASEAN Member States”，or individually，“ASEAN Member State”）；

RECALLING the Framework Agreement on Comprehensive Economic Co－operation（“the Framework Agreement”）between China and ASEAN（collectively，“the Parties”，or individually referring to China or to an ASEAN Member State as a“Party”）signed by the Heads of Government／State of China and ASEAN Member States in Phnom Penh，Cambodia on the 4th day of November 2002and the Protocol to Amend the Framework Agreement on Comprehensive Economic Co－operation on the Early Harvest Programme signed by the Economic Ministers of the Parties in Bali，Indonesia on the 6th day of October 2003；

RECALLING further Articles 2（a），3（1）and 8（1）of the Framework Agreement，which reflect the Parties’commitment to establish the China－ASEAN Free Trade Area（ACFTA）covering trade in goods by 2010for ASEAN 6and China and by 2015for the newer ASEAN Member States；

HAVE AGREED AS FOLLOWS：

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement，the following definitions shall apply unless the context otherwise requires：

（a）“WTO”means the World Trade Organization；

（b）“the GATT 1994”means the General Agreement on Tariffs and Trade 1994，including Annex I（Notes and Supplementary Provisions）；

（c）“ASEAN 6”refers to Brunei Darussalam，Indonesia，Malaysia，the Philippines，Singapore and Thailand；

（d）“newer ASEAN Member States”refers to Cambodia，Lao PDR，Myanmar and Viet Nam；

（e）“applied MFN tariff rates”shall include in－quota rates，and shall：

（i）in the case of ASEAN Member States（which are WTO members as of 1 July 2003）and China，refer to their respective applied rates as of 1July 2003；and

（ii）in the case of ASEAN Member States（which are non－WTO members as of 1July 2003），refer to the rates as applied to China as of 1July 2003；

（f）“non－tariff measures”shall include non－tariff barriers；

（g）“AEM”means ASEAN Economic Ministers；

（h）“MOFCOM”means Ministry of Commerce of China；

（i）“SEOM”means ASEAN Senior Economic Officials Meeting．

ARTICLE 2

NATIONAL TREATMENT ON INTERNAL TAXATION AND REGULATION

Each Party shall accord national treatment to the products of all the other Parties covered by this Agreement and the Framework Agreement in accordance with Article III of the GATT 1994．To this end，the provisions of Article III of the GATT 1994shall，mutatis mutandis，be incorporated into and form an integral part of this Agreement．

ARTICLE 3

TARIFF REDUCTION AND ELIMINATION

1．The tariff reduction or elimination programme of the Parties shall require the applied MFN tariff rates on listed tariff lines to be gradually reduced and where applicable，eliminated，in accordance with this Article．

2．The tariff lines which are subject to the tariff reduction or elimination programme under this Agreement shall include all tariff lines not covered by the Early Harvest Programme under Article 6of the Framework Agreement，and such tariff lines shall be categorised for tariff reduction and elimination as follows：

（a）Normal Track：Tariff lines placed in the Normal Track by each Party on its own accord shall have their respective applied MFN tariff rates gradually reduced and eliminated in accordance with the modalities set out in Annex 1of this Agreement with the objective of achieving the targets prescribed in the thresholds therein．

（b）Sensitive Track：Tariff lines placed in the Sensitive Track by each Party on its own accord shall have their respective applied MFN tariff rates reduced or eliminated in accordance with the modalities set out in Annex 2of this Agreement．

3．Subject to Annex 1and Annex 2of this Agreement，all commitments undertaken by each Party under this Article shall be applied to all the other Parties．

ARTICLE 4

TRANSPARENCY

Article X of the GATT 1994shall，mutatis mutandis，be incorporated into and form an integral part of this Agreement．

ARTICLE 5

RULES OF ORIGIN

The Rules of Origin and the Operational Certification Procedures applicable to the products covered under this Agreement and the Early Harvest Programme of the Framework Agreement are set out in Annex 3of this Agreement．

ARTICLE 6

MODIFICATION OF CONCESSIONS

1．Any Party to this Agreement may，by negotiation and agreement with any Party to which it has made a concession under this Agreement，modify or withdraw such concession made under this Agreement．

2．In such negotiations and agreement，which may include provision for compensatory adjustment with respect to other products，the Parties concerned shall maintain a general level of reciprocal and mutually advantageous concessions not less favourable to trade than that provided for in this Agreement prior to such negotiations and agreement．

ARTICLE 7

WTO DISCIPLINES

1．Subject to the provisions of this Agreement and any future agreements as may be agreed pursuant to reviews of this Agreement by the Parties under Article 17of this Agreement，the Parties^[1]hereby agree and reaffirm their commitments to abide by the provisions of the WTO disciplines on，among others，non－tariff measures，technical barriers to trade，sanitary and phytosanitary measures，subsidies and countervailing measures，anti－dumping measures and intellectual property rights．

2．The provisions of the WTO Multilateral Agreements on Trade in Goods，which are not specifically mentioned in or modified by this Agreement，shall apply，mutatis mutandis，to this Agreement unless the context otherwise requires．

ARTICLE 8

QUANTITATIVE RESTRICTIONS AND NON－TARIFF BARRIERS

1．Each Party undertakes not to maintain any quantitative restrictions at any time unless otherwise permitted under the WTO disciplines．^[2]

2．The Parties shall identify non－tariff barriers（other than quantitative restrictions）for elimination as soon as possible after the entry into force of this A－greement．The time frame for elimination of these non－tariff barriers shall be mutually agreed upon by all Parties．

3．The Parties shall make information on their respective quantitative restrictions available and accessible upon implementation of this Agreement．

ARTICLE 9

SAFEGUARD MEASURES

1．Each Party，which is a WTO member，retains its rights and obligations under Article XIX of the GATT 1994and the WTO Agreement on Safeguards．

2．With regard to ACFTA safeguard measures，a Party shall have the right to initiate such a measure on a product within the transition period for that product．The transition period for a product shall begin from the date of entry into force of this Agreement and end five years from the date of completion of tariff elimination／reduction for that product．

3．A Party shall be free to take ACFTA safeguard measures if as an effect of the obligations incurred by that Party，including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement，or，if as a result of unforeseen developments and of the effects of the obligations incurred by that Party，including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement，imports of any particular product from the other Parties increase in such quantities，absolute or relative to domestic production，and under such conditions so as to cause or threaten to cause serious injury to the domestic industry of the importing Party that produces like or directly competitive products．

4．If an ACFTA safeguard measure is taken，a Party taking such a measure may increase the tariff rate applicable to the product concerned to the WTO MFN tariff rate applied to such product at the time when the measure is taken．

5．Any ACFTA safeguard measure may be maintained for an initial period of up to 3years and may be extended for a period not exceeding 1year．Notwithstanding the duration of an ACFTA safeguard measure on a product，such measure shall terminate at the end of the transition period for that product．

6．In applying ACFTA safeguard measures，the Parties shall adopt the rules for the application of safeguard measures as provided under the WTO Agreement on Safeguards，with the exception of the quantitative restriction measures set out in Article 5，and Articles 9，13and 14of the WTO Agreement on Safeguards．As such，all other provisions of the WTO Agreement on Safeguards shall，mutatis mutandis，be incorporated into and form an integral part of this Agreement．

7．An ACFTA safeguard measure shall not be applied against a product originating in a Party，so long as its share of imports of the product concerned in the importing Party does not exceed 3%of the total imports from the Parties．

8．In seeking compensation under Article 8of the WTO Agreement on Safeguards for an ACFTA safeguard measure，the Parties shall seek the good offices of the body referred to in paragraph 12to determine the substantially equivalent level of concessions prior to any suspension of equivalent concessions．Any proceedings arising from such good offices shall be completed within 90days from the date on which the ACFTA safeguard measure was applied．

9．On a Party’s termination of an ACFTA safeguard measure on a product，the tariff rate for that product shall be the rate that，according to that Party’s tariff reduction and elimination schedule，as provided in Annex 1and Annex 2of this Agreement，would have been in effect commencing on 1January of the year in which the safeguard measure is terminated．

10．All official communications and documentations exchanged among the Parties and to the body referred to in paragraph 12relating to any ACFTA safeguard measures shall be in writing and shall be in the English language．

11．When applying ACFTA safeguard measures，a Party shall not have simultaneous recourse to the WTO safeguard measures referred to in paragraph 1．

12．For the purpose of this Article，any reference to“Council for Trade in Goods”or the“Committee on Safeguards”in the incorporated provisions of the WTO Agreement on Safeguards shall，pending the establishment of a permanent body under paragraph 1of Article 16，refer to the AEM－MOFCOM，or the SEOM－MOFCOM，as appropriate，which shall be replaced by the permanent body once it is established．

ARTICLE 10

ACCELERATION OF COMMITMENTS

Nothing in this Agreement shall preclude the Parties from negotiating and entering into arrangements to accelerate the implementation of commitments made under this Agreement，provided that such arrangements are mutually agreed to and implemented by all the Parties．

ARTICLE 11

MEASURES TO SAFEGUARD THE BALANCE OF PAYMENTS

Where a Party is in serious balance of payments and external financial difficulties or threat thereof，it may，in accordance with the GATT 1994and the Understanding on Balance－of－Payments Provisions of the GATT 1994，adopt restrictive import measures．

ARTICLE 12

GENERAL EXCEPTIONS

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail，or a disguised restriction on international trade，nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures：

（a）necessary to protect public morals．

（b）necessary to protect human，animal or plant life or health．

（c）relating to the importations or exportations of gold or silver．

（d）necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement，including those relating to customs enforcement，the enforcement of monopolies operated under paragraph 4of Article II and Article XVII of the GATT 1994，the protection of patents，trade marks and copyrights，and the prevention of deceptive practices．

（e）relating to the products of prison labour．

（f）imposed for the protection of national treasures of artistic，historic or archaeological value．

（g）relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption．

（h）undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved．

（i）involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan；Providedthat such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry，and shall not depart from the provisions of this Agreement relating to non－discrimination．

（j）essential to the acquisition or distribution of products in general or local short supply；Providedthat any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products，and that any such measures，which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist．

ARTICLE 13

SECURITY EXCEPTIONS

Nothing in this Agreement shall be construed：

（a）to require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests．

（b）to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests，including but not limited to：

（i）action relating to fissionable materials or the materials from which they are derived；

（ii）action relating to the traffic in arms，ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment；

（iii）action taken so as to protect critical communications infrastructure from deliberate attempts intended to disable or degrade such infrastructure；

（iv）action taken in time of war or other emergency in domestic or international relations；or

（c）to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security．

ARTICLE 14

RECOGNITION OF CHINA’S MARKET ECONOMY STATUS

Each of the ten ASEAN Member States agrees to recognise China as a full market economy and shall not apply，from the date of the signature of this Agreement，Sections 15and 16of the Protocol of Accession of the People’s Republic of China to the WTO and Paragraph 242of the Report of the Working Party on the Accession of China to WTO in relation to the trade between China and each of the ten ASEAN Member States．

ARTICLE 15

STATE，REGIONAL AND LOCAL GOVERNMENT

In fulfilling its obligations and commitments under this Agreement，each Party shall ensure their observance by regional and local governments and authorities in its territory as well as their observance by non－governmental bodies（in the exercise of powers delegated by central，state，regional or local governments or authorities）within its territory．

ARTICLE 16

INSTITUTIONAL ARRANGEMENTS

1．Pending the establishment of a permanent body，the AEM－MOFCOM，supported and assisted by the SEOM－MOFCOM，shall oversee，supervise，coordinate and review the implementation of this Agreement．

2．The ASEAN Secretariat shall monitor and report to the SEOM－MOFCOM on the implementation of this Agreement．All Parties shall cooperate with the ASEAN Secretariat in the performance of its duties．

3．Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement．On the request of a Party，the contact point of the requested Party shall identify the office or official responsible for the matter and assist in facilitating communication with the requesting Party．

ARTICLE 17

REVIEW

1．The AEM－MOFCOM or their designated representatives shall meet within ayear of the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement for the purpose of considering further measures to liberalise trade in goods as well as develop disciplines and negotiate agreements on matters referred to in Article 7of this Agreement or any other relevant matters as may be agreed．

2．The Parties shall，taking into account their respective experience in the implementation of this Agreement，review the Sensitive Track in 2008with a view to improving the market access condition of sensitive products，including the further possible reduction of the number of products in the Sensitive Track and the conditions governing the reciprocal tariff rate treatment of products placed by a Party in the Sensitive Track．

ARTICLE 18

ANNEXES AND FUTURE INSTRUMENTS

This Agreement shall include：

（a）the Annexes and the contents therein which shall form an integral part of this Agreement；and

（b）all future legal instruments agreed pursuant to this Agreement．

ARTICLE 19

AMENDMENTS

This Agreement may be amended by the mutual written consent of the Parties．

ARTICLE 20

MISCELLANEOUS PROVISIONS

Except as otherwise provided in this Agreement，this Agreement or any action taken under it shall not affect or nullify the rights and obligations of a Party under existing agreements to which it is a party．

ARTICLE 21

DISPUTE SETTLEMENT

The Agreement on Dispute Settlement Mechanism between China and ASEAN shall apply to this Agreement．

ARTICLE 22

DEPOSITARY

For the ASEAN Member States，this Agreement shall be deposited with the Secretary－General of ASEAN，who shall promptly furnish a certified copy thereof，to each ASEAN Member State．

ARTICLE 23

ENTRY INTO FORCE

1．This Agreement shall enter into force on 1January 2005．

2．The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1January 2005．

3．Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1January 2005，the rights and obligations of that Party under this Agreement shall commence on the date of the completion of such internal procedures．

4．A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other Parties in writing．

IN WITNESS WHEREOF，the undersigned being duly authorised by their respective Governments，have signed this Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co－operation between the People’s Republic of China and the Association of Southeast Asian Nations．

DONE at，Vientiane，Lao PDR this Twenty Ninth Day of November in the Year Two Thousand and Four，in duplicate copies in the English Language．

AGREEMENT ON TRADE IN SERVICES OF THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO－OPERATION BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS

The People’s Republic of China（“China”）and the Governments of Brunei Darussalam（“Brunei Darussalam”），the Kingdom of Cambodia（“Cambodia”），the Republic of Indonesia（“Indonesia”），the Lao People’s Democratic Republic（“Lao PDR”），Malaysia，the Union of Myanmar（“Myanmar”），the Republic of the Philippines（“Philippines”），the Republic of Singapore（“Singapore”），the Kingdom of Thailand（“Thailand”）and the Socialist Republic of Viet Nam（“Viet Nam”），Member Countries of the Association of Southeast Asian Nations（collectively，“ASEAN”or“ASEAN Member Countries”，or individually，“ASEAN Member Country”）；

RECALLING Articles 4and 8（3）of the Framework Agreement on conclusion as expeditiously as possible of the negotiations of the agreement on trade in services so as to progressively liberalise and eliminate substantially all discrimination and／or prohibition of new or more discriminatory measures with respect to trade in services between the Parties，and to expand the depth and scope of such trade with substantial sectoral coverage beyond those undertaken by China and the ASEAN Member Countries under the World Trade Organisation（“WTO”）General Agreement on Trade in Services；

STRIVING to enhance co－operation in services between the Parties in order to improve efficiency and competitiveness，as well as to diversify the supply and distribution of services of the respective service suppliers of the Parties，for implementation in accordance with the timeframes to be mutually agreed by the Parties to the Framework Agreement taking into account the sensitive sectors of the Parties，and with special and differential treatment and flexibility for the newer ASEAN Member Countries of Cambodia，Lao PDR，Myanmar and Viet Nam；

RECOGNISING the right of the Parties to regulate，and to introduce new regulations，on the supply of services in the territories of the Parties in order to meet national policy objectives and，given asymmetries existing with respect to the degree of development of services regulation within the Parties，the particular need of the Parties to exercise this right．

HAVE AGREED AS FOLLOWS：

PART I：DEFINITIONS AND SCOPE

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement：

（a）“a service supplied in the exercise of governmental authority”means any service which is supplied neither on a commercial basis，nor in competition with one or more service suppliers．

（b）“commercial presence”means any type of business or professional establishment，including through：

（i）the constitution，acquisition or maintenance of a juridical person，or

（ii）the creation or maintenance of a branch or a representative office，within the territory of a Party for the purpose of supplying a service；

（c）“direct taxes”comprise all taxes on total income，on total capital or on elements of income or of capital，including taxes on gains from the alienation of property，taxes on estates，inheritances and gifts，and taxes on the total amounts of wages or salaries paid by enterprises，as well as taxes on capital appreciation．

（d）“GATS”means the General Agreement on Trade in Services．

（e）“juridical person”means any legal entity duly constituted or otherwise organised under applicable law，whether for profit or otherwise，and whether privately－owned or governmentally－owned，including any corporation，trust，partnership，joint venture，sole proprietorship or association．

（f）“juridical person of another Party”means a juridical person which is either：

（i）constituted or otherwise organised under the law of that other Party，and is engaged in substantive business operations in the territory of that Party or any other Party；or

（ii）in the case of the supply of a service through commercial presence，owned or controlled by：

1．natural persons of that Party；or

2．juridical persons of that other Party identified under subparagraph（i）；

（g）ajuridical person is：

（i）“owned”by persons of a Party if more than 50per cent of the equity interest in it is beneficially owned by persons of that Party；

（ii）“controlled”by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions；

（iii）“affiliated”with another person when it controls，or is controlled by，that other person；or when it and the other person are both controlled by the same person；

（h）“measure”means any measure by a Party，whether in the form of a law，regulation，rule，procedure，decision，administrative action，or any other form．

（i）“measures by Parties”means measures taken by：

（i）central，regional or local governments and authorities；and

（ii）non－governmental bodies in the exercise of powers delegated by central，regional or local governments or authorities；

（j）“measures by Parties affecting trade in services”include measures in respect of：

（i）the purchase，payment or use of a service；

（ii）the access to and use of，in connection with the supply of a service，services which are required by the Parties to be offered to the public generally；

（iii）the presence，including commercial presence，of persons of a Party for the supply of a service in the territory of another Party．

（k）“monopoly supplier of a service”means any person，public or private，which in the relevant market of the territory of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service．

（l）“natural person of another Party”means a natural person who resides in the territory of that other Party or elsewhere，and who under the law of that other Party：

（i）is a national of that other Party；or

（ii）has the right of permanent residence^[3]in that other Party，in the case of a Party which accords substantially the same treatment to its permanent residents as it does to its nationals in respect of measures affecting trade in services，as notified after the entry into force of this Agreement provided that no Party is obliged to ac－cord to such permanent residents treatment more favourable than would be accorded by that other Party to such permanent residents．Such notification shall include the assurance to assume，with respect to the permanent residents，in accordance with its laws and regulations，the same responsibilities that other Party bears with respect to its nationals．

（m）“person”means either a natural person or a juridical person．

（n）“sector”of a service means：

（i）with reference to a specific commitment，one or more，or all，subsectors of that service，as specified in a Party’s Schedule；

（ii）otherwise，the whole of that service sector，including all of its subsectors．

（o）“services”includes any service in any sector except services supplied in the exercise of governmental authority．

（p）“service consumer”means any person that receives or uses a service．

（q）“service of another Party”means a service which is supplied：

（i）from or in the territory of that other Party，or in the case of maritime transport，by a vessel registered under the laws of that other Party，or by aperson of that other Party which supplies the service through the operation of a vessel and／or its use in whole or in part；or

（ii）in the case of the supply of a service through commercial presence or through the presence of natural persons，by a service supplier of that other Party．

（r）“service supplier”means any person that supplies a service．^[4]

（s）“supply of a service”includes the production，distribution，marketing，sale and delivery of a service．

（t）“trade in services”is defined as the supply of a service：

（i）from the territory of a Party into the territory of any other Party（“crossborder”）；

（ii）in the territory of a Party to the service consumer of any other Party（“consumption abroad”）；

（iii）by a service supplier of a Party，through commercial presence in the territory of any other Party（“commercial presence”）；

（iv）by a service supplier of a Party，through presence of natural persons of a Party in the territory of any other Party（“presence of natural persons”）．

（u）“qualification procedures”means administrative procedures relating to the administration of qualification requirements．and

（v）“qualification requirements”means substantive requirements which a service supplier is required to fulfil in order to obtain certification or a license．

ARTICLE 2

SCOPE to measures^[5]by the Par

1．This Agreement applies ties affecting trade in services．

2．This Agreement shall not apply to：

（a）services supplied in the exercise of governmental authority within the territory of each Party；

（b）regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale．

PART II：OBLIGATIONS AND DISCIPLINES

ARTICLE 3

TRANSPARENCY

Article III of the GATS is，mutatis mutandis，incorporated into and shall form an integral part of this Agreement．

ARTICLE 4

DISCLOSURE OF CONFIDENTIAL INFORMATION

Article III bis of the GATS is，mutatis mutandis，incorporated into and shall form an integral part of this Agreement．

ARTICLE 5

DOMESTIC REGULATION

1．In sectors where specific commitments are undertaken under Part III，each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable，objective and impartial manner．

2．（a）Each Party shall maintain or institute as soon as practicable judicial，arbitral or administrative tribunals or procedures which provide，at the request of an affected service supplier，for the prompt review of，and where justified，appropriate remedies for，administrative decisions affecting trade in services．Where such procedures are not independent of the agency entrusted with the administrative decision concerned，the Party shall ensure that the procedures in fact provide for an objective and impartial review．

（b）The provisions of subparagraph（a）shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system．

3．Where authorisation is required for the supply of a service on which a specific commitment under this Agreement has been made，the competent authorities of each Party shall：

（a）in the case of an incomplete application，at the request of the applicant，identify all the additional information that is required to complete the application and provide the opportunity to remedy deficiencies within a reasonable timeframe；

（b）at the request of the applicant，provide without undue delay，information concerning the status of the application；and

（c）if an application is terminated or denied，to the maximum extent possible，inform the applicant in writing and without delay the reasons for such action．The applicant will have the possibility of resubmitting，at its discretion，a new application．

4．With the objective of ensuring that measures relating to qualification requirements and procedures，technical standards and licensing requirements do not constitute unnecessary barriers to trade in services，the Parties shall jointly review the results of the negotiations on disciplines on these measures，pursuant to Article VI．4of GATS，with a view to their incorporation into this Agreement．The Parties note that such disciplines aim to ensure that such requirements are，inter alia：

（a）based on objective and transparent criteria，such as competence and the ability to supply the service；

（b）not more burdensome than necessary to ensure the quality of the service；

（c）in the case of licensing procedures，not in themselves a restriction on the supply of the service．

5．（a）In sectors in which a Party has undertaken specific commitments under Part III，pending the incorporation of the disciplines referred to in paragraph 4of this Article，that Party shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligation under this Agreement in a manner which：

（i）does not comply with the criteria outlined in subparagraphs 4（a），（b）or （c）of this Article；and

（ii）could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made．

（b）In determining whether a Party is in conformity with the obligation under paragraph 5（a）of this Article，account shall be taken of international standards of relevant international organisations^[6]applied by that Party．

6．In sectors where specific commitments regarding professional services are undertaken，each Party shall provide for adequate procedures to verify the competence of professionals of any other Party．

ARTICLE 6

RECOGNITION

1．For the purposes of fulfilment of their respective standards or criteria for the authorisation，licensing or certification of service suppliers，each Party may recognise the education or experience obtained，requirements met，or licenses or certifications granted in another Party．Such recognition，which may be achieved through harmonisation or otherwise，may be based upon an agreement or arrangement between the Parties or the relevant competent bodies or may be accorded autonomously．

2．Two or more Parties may enter into，or encourage their relevant competent bodies to enter into，negotiations on recognition of qualification requirements，qualification procedures，licensing and／or registration procedures for the purposes of fulfilment of their respective standards or criteria for the authorisation，licensing or certification of service suppliers．

3．A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1of this Article，whether existing or future，shall afford adequate opportunity for other interested Parties to negotiate their accession to such an agreement or arrangement or to negotiate comparable ones with it．Where a Party accords recognition autonomously，it shall afford adequate opportunity for any other Party to demonstrate that education，experience，licenses，or certifications obtained or requirements met in that other Party’s territory should be recognised．

4．A Party shall not accord recognition in a manner which would constitute a means of discrimination between countries in the application of its standards or criteria for the authorisation，licensing or certification of services suppliers，or a disguised restriction on trade in services．

ARTICLE 7

MONOPOLIES AND EXCLUSIVE SERVICE SUPPLIERS

1．Each Party shall ensure that any monopoly supplier of a service in its territory does not，in the supply of the monopoly service in the relevant market，act in a manner inconsistent with that Party’s obligations under specific commitments．

2．Where a Party’s monopoly supplier competes，either directly or through an affiliated company，in the supply of a service outside the scope of its monopoly rights and which is subject to that Party’s specific commitments，the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments．

3．If any Party has reason to believe that a monopoly supplier of a service of any other Party is acting in a manner inconsistent with paragraph 1or 2of this Article，that Party may request the Party establishing，maintaining or authorising such supplier to provide specific information concerning the relevant operations．

4．The provisions of this Article shall also apply to cases of exclusive service suppliers，where a Party，formally or in effect：

（a）authorises or establishes a small number of service suppliers；and

（b）substantially prevents competition among those suppliers in its territory．

ARTICLE 8

BUSINESS PRACTICES

1．The Parties recognise that certain business practices of services suppliers，other than those falling under Article 7，may restrain competition and thereby restrict trade in services．

2．Each Party shall，at the request of any other Party（the“Requesting Party”），enter into consultations with a view to eliminating practices referred to in paragraph 1of this Article．The Party addressed（the“Requested Party”）shall accord full and sympathetic consideration to such a request and shall cooperate through the supply of publicly available non－confidential information of relevance to the matter in question．The Requested Party shall also provide other information available to the Requesting Party，subject to its domestic law and to the conclusion of satisfactory agreement concerning the safeguarding of its confidentiality by the Requesting Party．

ARTICLE 9

SAFEGUARDS

1．The Parties note the multilateral negotiations pursuant to Article X of the GATS on the question of emergency safeguard measures based on the principle of non－discrimination．Upon the conclusion of such multilateral negotiations，the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations．

2．In the event that the implementation of this Agreement causes substantial adverse impact to a service sector of a Party before the conclusion of the multilateral negotiations referred to in paragraph 1of this Article，the affected Party may request for consultations with the other Party for the purposes of discussing any measure with respect to the affected service sector．Any measure taken pursuant to this paragraph shall be mutually agreed by the Parties concerned．The Parties concerned shall take into account the circumstances of the particular case and give sympathetic consideration to the Party seeking to take a measure．

ARTICLE 10

PAYMENTS AND TRANSFERS

1．Except under the circumstances envisaged in Article 11，a Party shall not apply restrictions on international transfers and payments for current transactions relating to its specific commitments．

2．Nothing in this Agreement shall affect the rights and obligations of any Party who is a member of the International Monetary Fund under the Articles of A－greement of the Fund，including the use of exchange actions which are in conformity with the Articles of Agreement of the Fund，provided that a Party shall not impose restrictions on any capital transactions inconsistently with its specific commitments regarding such transactions，except under Article 11or at the request of the Fund．

ARTICLE 11

RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS

Where a Party is in serious balance of payments and external financial difficulties or threat thereof，it may adopt or maintain restrictions on trade in services in accordance with Article XII of the GATS．

ARTICLE 12

GENERAL EXCEPTIONS

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between Parties where like conditions prevail，or a disguised restriction on trade in services，nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures：

（a）necessary to protect public morals or to maintain public order．^[7]

（b）necessary to protect human，animal or plant life or health．

（c）necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to：

（i）the prevention of deceptive and fraudulent practices or to deal with the effects of a default on services contracts；

（ii）the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts；

（iii）safety．

（d）inconsistent with Article 19，provided that the difference in treatment is aimed at ensuring the equitable or effective^[8]imposition or collection of direct taxes

（i）apply to non－resident service suppliers in recognition of the fact that the tax obligation of nonresidents is determined with respect to taxable items sourced or located in the Party’s territory；or

（ii）apply to non－residents in order to ensure the imposition or collection of taxes in the Party’s territory；or

（iii）apply to non－residents or residents in order to prevent the avoidance or evasion of taxes，including compliance measures；or

（iv）apply to consumers of services supplied in or from the territory of another Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party’s territory；or

（v）distinguish service suppliers subject to tax on worldwide taxable items from other service suppliers，in recognition of the difference in the nature of the tax base between them；or

（vi）determine，allocate or apportion income，profit，gain，loss，deduction or credit of resident persons or branches，or between related persons or branches of the same person，in order to safeguard the Party’s tax base．

Tax terms or concepts in subparagraph（d）of Article 12and in this footnote are determined according to tax definitions and concepts，or equivalent or similar definitions and concepts，under the domestic law of the Party taking the measure． in respect of services or service suppliers of other Parties．

（e）provided that the difference in treatment is the result of an agreement on the avoidance of double taxation or provisions on the avoidance of double taxation in any other international agreement or arrangement by which the Party is bound．

ARTICLE 13

SECURITY EXCEPTIONS

Nothing in this Agreement shall be construed：

（a）to require any Party to furnish any information，the disclosure of which it considers contrary to its essential security interests；or

（b）to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests，including but not limited to：

（i）action relating to fissionable and fusionable materials or the materials from which they are derived；

（iii）action taken so as to protect critical communications infrastructure from deliberate attempts intended to disable or degrade such infrastructure；

（iv）action taken in time of war or other emergency in domestic or international relations；or

（c）to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security．

ARTICLE 14

SUBSIDIES

1．Except where provided in this Article，this Agreement shall not apply to subsidies or grants provided by a Party，or to any conditions attached to the receipt or continued receipt of such subsidies or grants，whether or not such subsidies or grants are offered exclusively to domestic services，service consumers or service suppliers．If such subsidies or grants significantly affect trade in services committed under this Agreement，any Party may request for consultations with a view to an amicable resolution of this matter．

2．Pursuant to this Agreement，the Parties shall：

（a）on request，provide information on subsidies related to trade in services committed under this Agreement to any requesting Party；and

（b）review the treatment of subsidies when relevant disciplines are developed by the WTO．

ARTICLE 15

WTO DISCIPLINES

Subject to any future agreements as may be agreed pursuant to reviews of this Agreement by the Parties under Article 27，the Parties hereby agree and reaffirm their commitments to abide by the provisions of the WTO agreements as are relevant and applicable to trade in services．

ARTICLE 16

COOPERATION

The Parties shall strengthen cooperation efforts in services sectors，including sectors which are not covered by existing cooperation arrangements．The Parties shall discuss and mutually agree on the sectors for cooperation and develop cooperation programmes in these sectors in order to improve their domestic capacities，efficiencies and competitiveness．

ARTICLE 17

INCREASING PARTICIPATION OF CAMBODIA，LAO PDR，

MYANMAR AND VIET NAM

The increasing participation of Cambodia，Lao PDR，Myanmar，and Viet Nam in this Agreement shall be facilitated through negotiated specific commitments，relating to：

（a）the strengthening of their domestic services capacity and its efficiency and competitiveness，inter aliathrough access to technology on a commercial basis；

（b）the improvement of their access to distribution channels and information networks；

（c）the liberalisation of market access in sectors and modes of supply of export interest to them；and

（d）appropriate flexibility for Cambodia，Lao PDR，Myanmar，and Viet Nam for opening fewer sectors，liberalising fewer types of transactions and progressively extending market access in line with their respective development situation．

PART III：SPECIFIC COMMITMENTS

ARTICLE 18

MARKET ACCESS

1．With respect to market access through the modes of supply identified in Article 1（t）（i）－（iv），a Party shall accord services and service suppliers of any other Party treatment no less favourable than that provided for under the terms，limitations and conditions agreed and specified in its Schedule．^[9]

2．In sectors where market－access commitments are undertaken，the measures which a Party shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory，unless otherwise specified in its Schedule，are defined as：

（a）limitations on the number of service suppliers whether in the form of numerical quotas，monopolies，exclusive service suppliers or the requirements of an economic needs test；

（b）limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test；

（c）limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test；^[10]

（d）limitations on the total number of natural persons that may be employed in aparticular service sector or that a service supplier may employ and who are necessary for，and directly related to，the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test；

（e）measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service；and

（f）limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment．

ARTICLE 19

NATIONAL TREATMENT

1．In the sectors inscribed in its Schedule，and subject to any conditions and qualifications set out therein，each Party shall accord to services and service suppliers of any other Party，in respect of all measures affecting the supply of services，treatment no less favourable than that it accords to its own like services and service suppliers^[11]．

2．A Party may meet the requirement of paragraph 1of this Article by according to services and service suppliers of any other Party，either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers．

3．Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of any other Party．

ARTICLE 20

ADDITIONAL COMMITMENTS

The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles18and 19including those regarding qualifications，standards or licensing matters．Such commitments shall be inscribed in a Party’s Schedule．

ARTICLE 21

SCHEDULE OF SPECIFIC COMMITMENTS

1．The Parties shall enter into negotiations to conclude the packages of specific commitments under this Agreement pursuant to Article 23．The Parties shall endeavour to achieve commitments which are beyond those undertaken under the GATS．

2．Each Party shall set out in a schedule the specific commitments it undertakes under Articles 18，19and 20．With respect to sectors where such commit－ments are undertaken，each Schedule shall specify：

（a）the sectors in which such commitments are undertaken；

（b）terms，limitations and conditions on market access；

（c）conditions and qualifications on national treatment；

（d）undertakings relating to additional commitments；and

（e）where appropriate the time－frame for implementation of such commitments．

3．Measures inconsistent with both Articles 18and 19shall be inscribed in both the columns relating to Articles 18and 19．

4．The schedules of specific commitments of a Party shall apply only to those Parties who have completed their respective schedule of specific commitments through negotiations．

5．The Parties’schedules of specific commitments shall be annexed to this A－greement upon completion of the negotiations and shall form an integral part thereof．

ARTICLE 22

APPLICATION AND EXTENSION OF COMMITMENTS

1．China shall make a single schedule of specific commitments under Article 21 and shall apply this Schedule to all ASEAN Member Countries．

2．Each ASEAN Member Country shall make its individual schedule of specific commitments under Article 21and shall apply this Schedule to China and the rest of the ASEAN Member Countries．

ARTICLE 23

PROGRESSIVE LIBERALISATION

1．The first package of specific commitments of each Party is hereby annexed to this Agreement．

2．The Parties shall，with the aim of substantially improving on the first package of specific commitments，conclude the second package of specific commitments within a year from the date of entry into force of this Agreement．

3．At subsequent reviews pursuant to Article 27，the Parties shall enter into successive rounds of negotiations to negotiate further packages of specific commitments under Part III of this Agreement so as to progressively liberalise trade in services between the Parties．

ARTICLE 24

MODIFICATION OF SCHEDULES

1．A Party may modify or withdraw any commitment in its Schedule，at any time after three years from the date on which that commitment has entered into force provided that：

（a）it notifies the Parties as well as the ASEAN Secretariat of its intention to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal；and

（b）it enters into negotiations with any affected Party to agree to the necessary compensatory adjustment．

2．In achieving a compensatory adjustment，Parties shall ensure that the general level of mutually advantageous commitment is not less favourable to trade than provided for in the Schedules prior to such negotiations．

3．Any compensatory adjustment pursuant to this Article shall be accorded on a non－discriminatory basis to all Parties．

4．If the Parties concerned are unable to reach an agreement on the compensatory adjustment，the matter shall be resolved by arbitration under the Agreement on Dispute Settlement Mechanism of the Framework Agreement．The modifying Party may not modify or withdraw its commitment until it has made compensatory adjustments in conformity with the findings of the arbitration．

5．If the modifying party implements its proposed modification or withdrawal and does not comply with the findings of the arbitration，any Party that participated in the arbitration may modify or withdraw substantially equivalent benefits in conformity with those findings．Notwithstanding Article 22，such a modification or withdrawal may be implemented solely with respect to the modifying Party．

PART IV：OTHER PROVISIONS

ARTICLE 25

STATE，REGIONAL AND LOCAL GOVERNMENT

ARTICLE 26

CONTACT POINT

1．Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement，including the exchange of information relevant to the implementation and operation of this Agreement．

2．At the request of any Party，the contact point of the requested Party shall identify the office or official responsible for the matter and assist in facilitating communication with the requesting Party．

ARTICLE 27

REVIEW

The ASEAN Economic Ministers and the Minister of the Ministry of Commerce of China or their designated representatives shall meet within a year from the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement for the purpose of considering further measures to liberalise trade in services as well as to develop disciplines and negotiate agreements on matters referred to in Article 15or any other relevant matters as may be agreed．

ARTICLE 28

MISCELLANEOUS PROVISIONS

1．The GATS Annexes，namely：Annex on Movement of Natural Persons Supplying Services，Annex on Air Transport Services，Annex on Financial Services，and Annex on Telecommunications shall apply to this Agreement，mutatis mutandis．

2．This Agreement shall include（a）the Annexes and the contents therein which shall form an integral part of this Agreement，and（b）all future legal instruments agreed pursuant to this Agreement．

3．Except as otherwise provided in this Agreement，this Agreement or any action taken under it shall not affect or nullify the rights and obligations of a Party under existing agreements to which it is a party．

ARTICLE 29

AMENDMENTS

This Agreement may be amended by agreement in writing by the Parties and such amendments shall enter into force on such date or dates as may be agreed by the Parties．

ARTICLE 30

DISPUTE SETTLEMENT

The Agreement on Dispute Settlement Mechanism of the Framework Agreement shall apply to this Agreement．

ARTICLE 31

DENIAL OF BENEFITS

A Party may deny the benefits of this Agreement：

（a）to the supply of a service，if it establishes that the service is supplied from or in the territory of a non－Party；

（b）in the case of the supply of a maritime transport service，if it establishes that the service is supplied：

（i）by a vessel registered under the laws of a non－Party；and

（ii）by aperson of a non－Party which operates and／or uses the vessel in whole or in part．

（c）to a service supplier that is a juridical person，if it establishes that it is not a service supplier of another Party．

ARTICLE 32

ENTRY INTO FORCE

1．This Agreement shall enter into force on 1July 2007．

2．The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1July 2007．

3．Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1July 2007，the rights and obligations of that Party under this Agreement shall commence on the date of the completion of such internal procedures．

4．A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other Parties in writing．

ARTICLE 33

DEPOSITARY

For the ASEAN Member Countries，this Agreement shall be deposited with the Secretary－General of ASEAN，who shall promptly furnish a certified copy thereof，to each ASEAN Member Country．

IN WITNESS WHEREOF，the undersigned being duly authorized by their respective Governments，have signed the Agreement on Trade in Services of the Framework Agreement on the Comprehensive Economic Co－operation between the People’s Republic of China and the Association of the Southeast Asian Nations．

Done at Cebu，the Philippines，this Fourteenth Day of January in the Year Two Thousand and Seven，in duplicate copies in the English Language．

AGREEMENT ON INVESTMENT OF THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO－OPERATION BETWEEN THE PEOPLE’s REPUBLIC OF CHINA AND THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS

The Government of the People’s Republic of China（“China”）and the Governments of Brunei Darussalam，the Kingdom of Cambodia（“Cambodia”），the Republic of Indonesia（“Indonesia”），the Lao People’s Democratic Republic（“Lao PDR”），Malaysia，the Union of Myanmar（“Myanmar”），the Republic of the Philippines（“Philippines”），the Republic of Singapore，the Kingdom of Thailand（“Thailand”）and the Socialist Republic of Viet Nam（“Viet Nam”），Member States of the Association of Southeast Asian Nations（collectively，“ASEAN”or “ASEAN Member States”，or individually，“ASEAN Member State”）；

RECALLING further Article 5and Article 8of the Framework Agreement，where in order to establish a China－ASEAN Free Trade Area and to promote investments and create a liberal，facilitative，transparent and competitive investment regime，the Parties agreed to negotiate and conclude as expeditiously as possible an investment agreement in order to progressively liberalise the investment regime，strengthen co－operation in investment，facilitate investment and improve transparency of investment rules and regulations，and provide for the protection of investments；

NOTING that the Framework Agreement recognised the different stages and pace of development among the Parties and the need for special and differential treatment and flexibility for the newer ASEAN Member States of Cambodia，Lao PDR，Myanmar and Viet Nam；

REAFFIRMING the Parties’commitment to establish the China－ASEAN Free Trade Area within the specified timeframes，while allowing flexibility to the Parties to address their sensitive areas as provided in the Framework Agreement， in the realisation of the sustainable economic growth and development goals on the basis of equality and mutual benefits so as to achieve a win－win outcome；

REAFFIRMING further the rights，obligations and undertakings of each Party under the World Trade Organization（“WTO”），and other multilateral，regional and bilateral agreements and arrangements．

HAVE AGREED AS FOLLOWS：

ARTICEL 1

DEFINITIONS

1．For the purpose of this Agreement：

（a）“AEM”means ASEAN Economic Ministers；

（b）“freely usable currency”means any currency designated as such by the International Monetary Fund（“IMF”）under its Articles of Agreement and any amendments thereto；

（c）“GATS”means the General Agreement on Trade in Services in Annex 1B to the WTO Agreement；

（d）“investment”means every kind of asset invested by the investors of a Party in accordance with the relevant laws，regulations and policies^[12]of another Party in the territory of the latter including，but not limited to，the following：

（i）movable and immovable property and any other property rights such as mortgages，liens or pledges；

（ii）shares，stocks and debentures of juridical persons or interests in the property of such juridical persons；

（iii）intellectual property rights，including rights with respect to copyrights，patents and utility models，industrial designs，trademarks and service marks，geographical indications，layout designs of integrated circuits，trade names，trade secrets，technical processes，know－how and goodwill；

（iv）business concessions^[13]conferred by law，or under contract，including concessions to search for，cultivate，extract，or exploit natural resources；and

（v）claims to money or to any performance having financial value．

For the purpose of the definition of investment in this Sub－paragraph，returns that are invested should be treated as investments and any alteration of the form in which assets are invested or reinvested shall not affect their character as investments；

（e）“investor of a Party”means a natural person of a Party or a juridical person of a Party that is making^[14]or has made an investment in the territories of the other Parties；

（f）“juridical person of a Party”means any legal entity duly constituted or otherwise organised under the applicable law of a Party，whether for profit or otherwise，and whether privately－owned or governmentally－owned，and engaged in substantive business operations in the territory of that Party，including any corporation，trust，partnership，joint venture，sole proprietorship or association；

（g）“measure”means any law，regulation，rule，procedure，or decision or administrative action of general application，affecting investors and／or investments，taken by a Party including its：

（i）central，regional or local governments and authorities；and

（ii）non－governmental bodies in the exercise of powers delegated by central，regional or local governments and authorities；

（h）“MOFCOM”means Ministry of Commerce of the People’s Republic of China；

（i）“natural person of a Party”means any natural person possessing the nationality or citizenship of，or right of permanent residence in the Party in accordance with its laws and regulations；^[15]

（j）“returns”mean amounts yielded by or derived from an investment particularly，though not exclusively，profits，interests，capital gains，dividends，royalties or fees；

（k）“SEOM”means ASEAN Senior Economic Officials Meetings；

（l）“WTO Agreement”means the Marrakesh Agreement Establishing the World Trade Organization，done at Marrakesh，Morocco on the 15th of April 1994，as may be amended．

2．The definitions of each of the above terms shall apply unless the context otherwise requires，or where a Party has specifically defined any of the above terms for application to its commitments or reservations．

3．In this Agreement，all words used in the singular shall include the plural，and all words in the plural shall include the singular，unless the context otherwise requires．

ARTICLE 2

OBJECTIVES

The objectives of this Agreement are to promote investment flows and to create a liberal，facilitative，transparent and competitive investment regime in China and ASEAN through the following：

（a）progressively liberalising the investment regimes of China and ASEAN；

（b）creating favourable conditions for the investment by the investor of a Party in the territory of another Party；

（c）promoting the cooperation between a Party and the investor who has investment in the territory of that Party on a mutually beneficial basis；

（d）encouraging and promoting the flow of investment among the Parties and cooperation among the Parties on investment－related matters；

（e）improving the transparency of investment rules conducive to increased investment flows among the Parties；and

（f）providing for the protection of investments in China and ASEAN．

ARTICLE 3

SCOPE OF APPLICATION

1．This Agreement shall apply to measures adopted or maintained by a Party relating to：

（a）investors of another Party；and

（b）investments of investors of another Party in its territory，which shall be：

（i）in respect of China，the entire customs territory according to the WTO definition at the time of her accession to the WTO on the 11th day of December 2001．For this purpose，for China，“territory”in this Agreement refers to the customs territory of China；and

（ii）in respect of ASEAN Member States，their respective territories．

2．Unless otherwise provided in this Agreement，this Agreement shall apply to all investments made by investors of a Party in the territory of another Party，whether made before or after the entry into force of this Agreement．For greater certainty，the provisions of this Agreement do not bind any Party in relation to any act or fact that took place or any situation that ceased to exist before the date of entry into force of this Agreement．

3．In the case of Thailand，this Agreement shall apply only in cases where the investment by an investor of another Party in the territory of Thailand has been admitted，and specifically approved in writing for protection by its competent authorities，^[16]in accordance with its domestic laws，regulations and policies．

4．This Agreement shall not apply to：

（a）any taxation measure．This Sub－paragraph shall not undermine the Parties’rights and obligations with respect to taxation measures：

（i）where corresponding rights or obligations are also granted or imposed under the WTO Agreement；

（ii）under Article 8（Expropriation）and Article 10（Transfers and Repatriation of Profits）；

（iii）under Article 14（Investment Disputes between a Party and an Investor），only when the dispute arises from Article 8（Expropriation）；and

（iv）under any tax convention relating to the avoidance of double taxation；

（b）laws，regulations，policies or procedures of general application governing the procurement by government agencies of goods and services purchased for governmental purposes（government procurement）and not with a view to commercial resale or with a view to use in the production of goods or the supply of services for commercial sale；

（c）subsidies or grants provided by a Party or to any conditions attached to the receipt or the continued receipt of such subsidies or grants，whether or not such subsidies or grants are offered exclusively to domestic investors and investments；

（d）services supplied in the exercise of governmental authority by the relevant body or authority of a Party．For the purposes of this Agreement，a service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers；and

（e）measures adopted or maintained by a Party affecting trade in services．

5．Notwithstanding Sub－paragraph 4（e），Article 7（Treatment of Investment），Article 8（Expropriation），Article 9（Compensation for Losses），Article 10（Transfers and Repatriation of Profits），Article 12（Subrogation）and Article 14（Investment Disputes between a Party and an Investor）shall apply，mutatis mutandis，to any measure affecting the supply of a service by a service supplier of a Party through commercial presence in the territory of another Party，but only to the extent that they relate to an investment and an obligation under this Agreement，regardless of whether or not such a service sector is scheduled in the Party’s Schedule of Specific Commitments made under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Co－operation between the People’s Republic of China and the Association of Southeast Asian Nations signed in Cebu，Philippines on the 14th day of January 2007．

ARTICLE 4

NATIONAL TREATMENT

Each Party shall，in its territory，accord to investors of another Party and their investments treatment no less favourable than it accords，in like circumstances，to its own investors and their investments with respect to management，conduct，operation，maintenance，use，sale，liquidation，or other forms of disposal of such investments．

ARTICLE 5

MOST－FAVOURED－NATION TREATMENT

1．Each Party shall accord to investors of another Party and their investments treatment no less favourable than that it accords，in like circumstances，to investors of any other Party or third country and／or their respective investments with respect to admission，establishment，acquisition，expansion，management，conduct，operation，maintenance，use，liquidation，sale，and other forms of disposal of investments．

2Notwithstanding Paragraph 1，if a Party accords more favourable treatment to investors of another Party or third country and their investments by virtue of any future agreements or arrangements to which that Party is a party，it shall not be obliged to accord such treatment to investors of another Party and their investments．However，upon request from another Party，it shall accord adequate opportunity to negotiate the benefits granted therein．

3．The treatment，as set forth in Paragraph 1and Paragraph 2，shall not in－clude：

（a）any preferential treatment accorded to investors and their investments under any existing bilateral，regional or international agreements，or any forms of economic or regional cooperation with any non－Party；and

（b）any existing or future preferential treatment accorded to investors and their investments in any agreement or arrangement between or among ASEAN Member States or between any Party and its separate customs territories．

4．For greater certainty，the obligation in this Article does not encompass a requirement for a Party to extend to investors of another Party dispute resolution procedures other than those set out in this Agreement．

ARTICLE 6

NON－CONFORMING MEASURES

1．Article 4（National Treatment）and Article 5（Most－Favoured－Nation Treatment）shall not apply to：

（a）any existing or new non－conforming measures maintained or adopted within its territory；

（b）the continuation or amendment of any non－conforming measures referred to in Sub－paragraph（a）．

2．The Parties will endeavour to progressively remove the non－conforming measures．

3．The Parties shall enter into discussions pursuant to Article 24（Review）with a view to furthering the objectives in Article 2（a）and Article 2（e）．The Parties will endeavour to achieve the objectives to be overseen by the institution under Article 22（Institutional Arrangement）．

ARTICLE 7

TREATMENT OF INVESTMENT

1．Each Party shall accord to investments of investors of another Party fair and equitable treatment and full protection and security．

2．For greater certainty：

（a）fair and equitable treatment refers to the obligation of each Party not to deny justice in any legal or administrative proceedings；and

（b）full protection and security requires each Party to take such measures as may be reasonably necessary to ensure the protection and security of the investment of investors of another Party．

3．A determination that there has been a breach of another provision of this Agreement，or of a separate international agreement，shall not establish that there has been a breach of this Article．

ARTICLE 8

EXPROPRIATION

1．A Party shall not expropriate，nationalise or take other similar measures（“expropriation”）against investments of investors of another Party，unless the following conditions are met：

（a）for a public purpose；

（b）in accordance with applicable domestic laws，including legal procedures；

（c）carried out in a non－discriminatory manner；and

（d）on payment of compensation in accordance with Paragraph 2．

2．Such compensation shall amount to the fair market value of the expropriated investment at the time when expropriation was publicly announced or when expropriation occurred，whichever is earlier，and it shall be freely transferable in freely usable currencies from the host country．The fair market value shall not reflect any change in market value occurring because the expropriation had become publicly known earlier．

3．The compensation shall be settled and paid without unreasonable delay．In the event of delay，the compensation shall include interest at the prevailing commercial interest rate from the date of expropriation until the date of payment^[17]．The compensation，including any accrued interest，shall be payable either in the currency in which the investment was originally made or，if requested by the investor，in a freely usable currency．

4．Notwithstanding Paragraph 1，Paragraph 2and Paragraph 3，any measure of expropriation relating to land shall be as defined in the expropriating Party’s existing domestic laws and regulations and any amendments thereto，and shall be for the purposes of and upon payment of compensation in accordance with the aforesaid laws and regulations．

5．Where a Party expropriates the assets of a juridical person which is incorporated or constituted under its laws and regulations，and in which investors of another Party own shares，it shall apply the provisions of the preceding Paragraphs so as to ensure that compensation is paid to such investors to the extent of their interest in the assets expropriated．

6．This Article shall not apply to the issuance of compulsory licences granted to intellectual property rights in accordance with the Agreement on Trade－Related Aspects of Intellectual Property Rights in Annex 1Cto the WTO Agreement．

ARTICLE 9

COMPENSATION FOR LOSSES

Investors of a Party whose investments in the territory of another Party suffer losses owing to war or other armed conflict，revolution，a state of emergency，revolt，insurrection or riot in the territory of the latter Party shall be accorded by the latter Party treatment，as regard restitution，indemnification，compensation or other settlement，no less favourable than that which the latter Party accords，in like circumstances，to investors of any third country or its own nationals，whichever is more favourable．

ARTICLE 10

TRANSFERS AND REPATRIATION OF PROFITS

1．Each Party shall allow all transfers in respect of investments in its territory of an investor of any other Party to be made in any freely usable currency at the prevailing market rate of exchange on the date of transfer，and allow such transfers to be freely transferred into and out of its territory without delay．Such transfers shall include：

（a）the initial capital，plus any additional capital used to maintain or expand the investments^[18]；

（b）net profits，capital gains，dividends，royalties，licence fees，technical assistance and technical and management fees，interest and other current income accruing from any investment of the investors of any other Party；

（c）proceeds from the total or partial sale or liquidation of any investment made by investors of any other Party；

（d）funds in repayment of borrowings or loans given by investors of a Party to the investors of any other Party which the respective Parties have recognised as investment；

（e）net earnings and other compensations of natural persons of any other Par－ty，who are employed and allowed to work in connection with an investment in its territory；

（f）payments made under a contract entered into by the investors of any other Party，or their investments including payments made pursuant to a loan transaction；and

（g）payments made pursuant to Article 8（Expropriation）and Article 9 （Compensation for Losses）．

2．Each Party undertakes to accord to the transfer referred to in Paragraph 1，treatment as favourable as that accorded，in like circumstances，to the transfer originating from investments made by investors of any other Party or third country．

3．Notwithstanding Paragraph 1and Paragraph 2，a Party may prevent or delay a transfer through the equitable，non－discriminatory and good faith application of its laws and regulations relating to：

（a）bankruptcy，loss of ability or capacity to make payments，or protection of the right of creditors；

（b）non－fulfilment of the host Party’s transfer requirements in respect of trading or dealing in securities，futures，options or derivatives；

（c）non－fulfilment of tax obligations；

（d）criminal or penal offences and the recovery of the proceeds of crime；

（e）social security，public retirement or compulsory saving schemes；

（f）compliance with judgements in judicial or administrative proceedings；

（g）workers’retrenchment benefits in relation to labour compensation relating to，amongst others，foreign investment projects that are closed down；and

（h）financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities．

4．For greater certainty，the transfers referred to in the preceding Paragraphs shall comply with relevant formalities stipulated by the host Party’s domestic laws and regulations relating to exchange administration，insofar as such laws and regulations are not to be used as a means of avoiding a Party’s obligations under this A－greement．

5．Nothing in this Agreement shall affect the rights and obligations of the Parties as members of the IMF under the Articles of Agreement of the IMF，including the use of exchange actions which are in conformity with the Articles of A－greement of the IMF，provided that a Party shall not impose restrictions on any capital transactions inconsistently with its specific commitments under this Agreement regarding such transactions，except：

（a）under Article 11（Measures to Safeguard the Balance of Payments）；or

（b）at the request of the IMF；or

（c）where，in exceptional circumstances，movements of capital cause，or threaten to cause，serious economic or financial disturbance in the Party concerned，provided such restrictions do not affect the rights and obligations of the Parties as members of the WTO under Paragraph 1of Article XI of GATS，and the measures are taken in accordance with paragraph 2of Article 11of this Agreement，mutatis mutandis．

ARTICLE 11

MEASURES TO SAFEGUARD THE BALANCE OF PAYMENTS

1．In the event of serious balance of payments and external financial difficulties or threat thereof，a Party may adopt or maintain restrictions on investments，including payments or transfers related to such investments．It is recognised that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions to ensure，inter alia，the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development．

2．The restrictions referred to in Paragraph 1shall：

（a）be consistent with the Articles of Agreement of the IMF；

（b）not discriminate among the Parties；

（c）avoid unnecessary damage to the commercial，economic and financial interests of any other Party；

（d）not exceed those necessary to deal with the circumstances described in Paragraph 1；

（e）be temporary and be phased out progressively as the situation specified in Paragraph 1improves；and

（f）be applied such that any other Party is treated no less favourably than any third country．

3．Any restrictions adopted or maintained by a Party under Paragraph 1or any changes therein，shall be promptly notified to the other Parties．

ARTICLE 12

SUBROGATION

1．In the event that any Party or any agency，institution，statutory body or corporation designated by it，as a result of an indemnity it has given in respect of an investment or any part thereof，makes payment to its own investors in respect of any of their claims under this Agreement，the other Parties concerned shall ac－knowledge that the former Party or any agency，institution，statutory body or corporation designated by it is entitled by virtue of subrogation to exercise the rights and assert the claims of its own investors．The subrogated rights or claims shall not be greater than the original rights or claims of the said investor．

2．Where a Party or any agency，institution，statutory body or corporation designated by it has made a payment to an investor of that Party and has taken over the rights and claims of the investor，that investor shall not，unless authorised to act on behalf of the Party or the agency，institution，statutory body or corporation designated by it making the payment，pursue those rights and claims against the other Party．

ARTICLE 13

DISPUTE BETWEEN PARTIES

The provisions of the Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co－operation between the People’s Republic of China and the Association of Southeast Asian Nations signed in Vientiane，Lao PDR on the 29th day of November 2004shall apply to the settlement of disputes between or amongst the Parties under this Agreement．

ARTICLE 14

INVESTMENT DISPUTES BETWEEN A PARTY AND AN INVESTOR

1．This Article shall apply to investment disputes between a Party and an investor of another Party concerning an alleged breach of an obligation of the former Party under Article 4（National Treatment），Article 5（Most－Favoured－Nation Treatment），Article 7（Treatment of Investment），Article 8（Expropriation），Article 9（Compensation for Losses）and Article 10（Transfers and Repatriation of Profits），which causes loss or damage to the investor in relation to its investment with respect to the management，conduct，operation，or sale or other disposition of an investment．

2．This Article shall not apply：

（a）to investment disputes arising out of events which occurred，or to investment disputes which had been settled，or which were already under judicial or arbitral process，prior to the entry into force of this Agreement；

（b）in cases where the disputing investor holds the nationality or citizenship of the disputing Party．

3．The parties to the dispute shall，as far as possible，resolve the dispute through consultations．

4．Where the dispute cannot be resolved as provided for under Paragraph 3 within six（6）months from the date of written request for consultations and negotiations，unless the parties to the dispute agree otherwise，it may be submitted at the choice of the investor：

（a）to the courts or administrative tribunals of the disputing Party，provided such courts or administrative tribunals have jurisdiction；or

（b）under the International Centre for Settlement of Investment Disputes（ICSID）Convention and the ICSID Rules of Procedure for Arbitration Proceedings^[19]，provided that both the disputing Party and the non－disputing Party are parties to the ICSID Convention；or

（c）under the ICSID Additional Facility Rules，provided that either of the disputing Party or non－disputing Party is a party to the ICSID Convention；or

（d）to arbitration under the rules of the United Nations Commission on International Trade Law；or

（e）if the disputing parties agree，to any other arbitration institution or under any other arbitration rules．

5．In case a dispute has been submitted to a competent domestic court，it may be submitted to international dispute settlement，provided that the investor concerned has withdrawn its case from the domestic court before a final judgement has been reached in the case．In the case of Indonesia，Philippines，Thailand，and Viet Nam，once the investor has submitted the dispute to their respective competent courts or administrative tribunals or to one of the arbitration procedures stipulated in Sub－paragraphs 4（b），4（c），4（d）or 4（e），the choice of the procedure is final．

6．The submission of a dispute to conciliation or arbitration under Sub paragraphs 4（b），4（c），4（d）or 4（e）in accordance with the provisions of this Article，shall be conditional upon：

（a）the submission of the dispute to such conciliation or arbitration taking place within three（3）years of the time at which the disputing investor became aware，or should reasonably have become aware，of a breach of an obligation under this Agreement causing loss or damage to the investor or its investment；and

（b）the disputing investor providing written notice，which shall be submitted at least ninety（90）days before the claim is submitted，to the disputing Party of his or her intent to submit the dispute to such conciliation or arbitration．Upon the receipt of the notice，the disputing Party may require the disputing investor to go through any applicable domestic administrative review procedure specified by its domestic laws and regulations before the submission of the dispute under Sub paragraphs 4（b），4（c），4（d）or 4（e）．The notice shall：

（i）nominate either Sub－paragraphs 4（b），4（c），4（d）or 4（e）as the forum for dispute settlement and，in the case of Subparagraph 4（b），nominate whether conciliation or arbitration is being sought；

（ii）waive the right to initiate or continue any proceedings，excluding proceedings for interim measures of protection referred to in Paragraph 7，before any of the other dispute settlement fora referred to in Paragraph 4in relation to the matter under dispute；and

（iii）briefly summarise the alleged breach of the disputing Party under this A－greement，including the Articles alleged to have been breached，and the loss or damage allegedly caused to the investor or its investment．

7．No Party shall prevent the disputing investor from seeking interim measures of protection，not involving the payment of damages or resolution of the substance of the matter in dispute before the courts or administrative tribunals of the disputing Party，prior to the institution of proceedings before any of the dispute settlement fora referred to in Paragraph 4，for the preservation of its rights and interests．

8．No Party shall give diplomatic protection，or bring an international claim，in respect of a dispute which one of its investors and any one of the other Parties shall have consented to submit or have submitted to conciliation or arbitration under this Article，unless such other Party has failed to abide by and comply with the award rendered in such dispute．Diplomatic protection，for the purposes of this Paragraph，shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute．

9．Where an investor claims that the disputing Party has breached Article 8 （Expropriation）by the adoption or enforcement of a taxation measure，the disputing Party and the non－disputing Party shall，upon request from the disputing Party，hold consultations with a view to determining whether the taxation measure in question has an effect equivalent to expropriation or nationalisation．Any tribunal that may be established under this Article shall accord serious consideration to the decision of both Parties under this Paragraph．

10．If both Parties fail either to initiate such consultations，or to determine whether such taxation measure has an effect equivalent to expropriation or nationalisation within the period of one hundred eighty（180）days from the date of receipt of the request for consultation referred to in Paragraph 4，the disputing investor shall not be prevented from submitting its claim to arbitration in accordance with this Article．

ARTICLE 15

DENIAL OF BENEFITS

1．Subject to prior notification and consultation，a Party may deny the benefits of this Agreement to：

（a）investors of another Party where the investment is being made by ajuridical person that is owned or controlled by persons of a non－Party and the juridical person has no substantive business operations in the territory of another Party；or

（b）investors of another Party where the investment is being made by ajuridical person that is owned or controlled by persons of the denying Party．

2．Notwithstanding Paragraph 1，in the case of Thailand，it may，under its applicable laws and／or regulations，deny the benefits of this Agreement relating to the admission，establishment，acquisition and expansion of investments to an investor of the other Party that is a juridical person of such Party and to investments of such an investor where Thailand establishes that the juridical person①is owned or controlled by natural persons or juridical persons of a non－Party or the denying Party．

3．Without prejudice to Paragraph 1，Philippines may deny the benefits of this Agreement to investors of another Party and to investments of that investor，where it establishes that such investor has made an investment in breach of the provisions of Commonwealth Act No．108，entitled“An Act to Punish Acts of E－vasion of Laws on the Nationalisation of Certain Rights，Franchises or Privileges”，as amended by Presidential Decree No．715，otherwise known as“The Anti－Dummy Law”，as may be amended．

ARTICLE 16

GENERAL EXCEPTIONS

1．Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties，their investors or their investments where like conditions prevail，or a

①（a）In the case of Thailand，ajuridical person referred to in this Article is：
（i）“owned”by natural persons or juridical persons of a Party or a non－Party if more than fifty （50）percent of the equity interests in it is beneficially owned by such persons；
（ii）“controlled”by natural persons or juridical persons of a Party or non－Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions．
（b）In the case of Indonesia，Myanmar，Philippines and Viet Nam，ownership and control shall be defined in its domestic laws and regulations． disguised restriction on investors of any Party or their investments made by investors of any Party，nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures：

（a）necessary to protect public morals or to maintain public order^[21]；

（b）necessary to protect human，animal or plant life or health；

（c）necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to：

（i）the prevention of deceptive and fraudulent practices to deal with the effects of a default on a contract；

（ii）the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts；and

（iii）safety；

（d）aimed at ensuring the equitable or effective^[22]imposition or collection of direct taxes in respect of investments or investors of any Party；

（e）imposed for the protection of national treasures of artistic，historic or archaeological value；or

（f）relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption．

2．Insofar as measures affecting the supply of financial services are concerned，paragraph 2（Domestic Regulation）of the Annex on Financial Services of GATS shall be incorporated into and form an integral part of this Agreement，mutatis mutandis．

ARTICLE 17

SECURITY EXCEPTIONS

Nothing in this Agreement shall be construed：

（a）to require any Party to furnish any information，the disclosure of which it considers contrary to its essential security interests；or

（b）to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests，including but not limited to：

（i）action relating to fissionable and fusionable materials or the materials from which they derived；

（iii）action taken so as to protect critical public infrastructure from deliberate attempts intended to disable or degrade such infrastructure；

（iv）action taken in time of war or other emergency in domestic or international relations；or

（c）to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security．

ARTICLE 18

OTHER OBLIGATIONS

1．If the legislation of any Party or international obligations existing at the time of entry into force of this Agreement or established thereafter between or among the Parties result in a position entitling investments by investors of another Party to a treatment more favourable than is provided for by this Agreement，such position shall not be affected by this Agreement．

2．Each Party shall observe any commitments it may have entered into with the investors of another Party as regards to their investments．

ARTICLE 19

TRANSPARENCY

1．In order to achieve the objectives of this Agreement，each Party shall：

（a）make available through publication，all relevant laws，regulations，policies and administrative guidelines of general application that pertain to，or affect investments in its territory．

（b）promptly and at least annually notify the other Parties of the introduction of any new law or any changes to its existing laws，regulations，policies or administrative guidelines，which significantly affect investments in its territory，or its commitments under this Agreement．

（c）establish or designate an enquiry point where，upon request of any natural person，juridical person or any one of the other Parties，all information relating to the measures required to be published or made available under Subparagraphs（a）and（b）may be promptly obtained．

（d）notify the other Parties through the ASEAN Secretariat at least once annually of any future investment－related agreements or arrangements which grants any preferential treatment and to which it is a party．

2．Nothing in this Agreement shall require a Party to furnish or allow access to confidential information，the disclosure of which would impede law enforcement，or otherwise contrary to the public interest，or which would prejudice legitimate commercial interests of particular juridical persons，public or private．

3．All notifications and communications made pursuant to Paragraph 1shall be in the English language．

ARTICLE 20

PROMOTION OF INVESTMENT

The Parties shall cooperate in promoting and increasing awareness of China－ASEAN as an investment area through，amongst others：

（a）increasing China－ASEAN investments；

（b）organising investment promotion activities；

（c）promoting business matching events；

（d）organising and supporting the organisation of various briefings and seminars on investment opportunities and on investment laws，regulations and policies；and

（e）conducting information exchanges on other issues of mutual concern relating to investment promotion and facilitation．

ARTICLE 21

FACILITATION OF INVESTMENT

Subject to their laws and regulations，the Parties shall cooperate to facilitate investments amongst China and ASEAN through，amongst others：

（a）creating the necessary environment for all forms of investment；

（b）simplifying procedures for investment applications and approvals；

（c）promoting dissemination of investment information，including investment rules，regulations，policies and procedures；and

（d）establishing one－stop investment centres in the respective host Parties to provide assistance and advisory services to the business sectors including facilitation of operating licences and permits．

ARTICLE 22

INSTITUTIONAL ARRANGEMENTS

1．Pending the establishment of a permanent body，the AEM－MOFCOM， supported and assisted by the SEOM MOFCOM，shall oversee，supervise，coordinate and review the implementation of this Agreement．

2．The ASEAN Secretariat shall monitor and report to the SEOMMOFCOM on the implementation of this Agreement．All Parties shall cooperate with the ASEAN Secretariat in the performance of its duties．

ARTICLE 23

RELATIONS WITH OTHER AGREEMENTS

Nothing in this Agreement shall derogate from the existing rights and obligations of a Party under any other international agreements to which it is a party．

ARTICLE 24

GENERAL REVIEW

The AEM－MOFCOM or their designated representatives shall meet within a year from the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement with a view to furthering the objectives set out in Article 2（Objectives）．

ARTICLE 25

AMENDMENTS

This Agreement may be amended by agreement in writing by the Parties and such amendments shall enter into force on such date or dates as may be agreed by the Parties．

ARTICLE 26

DEPOSITARY

For the ASEAN Member States，this Agreement shall be deposited with the Secretary－General of ASEAN，who shall promptly furnish a certified copy thereof，to each ASEAN Member State．

ARTICLE 27

ENTRY INTO FORCE

1．This Agreement shall enter into force six（6）months from the date of sig－ning of this Agreement．

2．The Parties undertake to complete their internal procedures for the entry into force of this Agreement．

3．Where a Party is unable to complete its internal procedures for the entry into force of this Agreement within six（6）months from the date of signing of this Agreement，the rights and obligations of that Party under this Agreement shall commence thirty（30）days after the date of notification of completion of such internal procedures．

4．A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify the other Parties in writing．

IN WITNESS WHEREOF，the undersigned，being duly authorised by their respective Governments，have signed this Agreement on Investment of the Framework Agreement on Comprehensive Economic Co－operation between the People’s Republic of China and the Association of Southeast Asian Nations．

DONE at Bangkok，Thailand this Fifteenth Day of August in the Year Two Thousand and Nine，in duplicate copies in the English Language．

AGREEMENT ON DISPUTE SETTLEMENT MECHANISM OF THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO－OPERATION BETWEEN THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE PEOPLE’S REPUBLIC OF CHINA

The Governments of Brunei Darussalam，the Kingdom of Cambodia，the Republic of Indonesia，the Lao People’s Democratic Republic（“Lao PDR”），Malaysia，the Union of Myanmar，the Republic of the Philippines，the Republic of Singapore，the Kingdom of Thailand and the Socialist Republic of Viet Nam，Member States of the Association of Southeast Asian Nations（“ASEAN”）and the People’s Republic of China（“China”），（collectively，“the Parties”，or individually referring to an ASEAN Member State or to China as a“Party”）；

RECALLING the Framework Agreement on Comprehensive Economic Co－operation（“the Framework Agreement”）between ASEAN and China signed by the Heads of Government／State of ASEAN Member States and China in Phnom Penh on the 4th day of November 2002；

RECALLING paragraph 1of Article 11of the Framework Agreement on the establishment of appropriate formal dispute settlement procedures and mechanism for the purposes of the Framework Agreement within 1year after the date of entry into force of the Framework Agreement；

HAVE AGREED AS FOLLOWS：

ARTICLE 1

DEFINITIONS

For the purposes of this Agreement，the following definitions shall apply unless the context otherwise requires：

（a）All the definitions in the Framework Agreement shall apply to this Agreement；

（b）“days”means calendar days，including weekends and holidays；

（c）“parties to a dispute”，“parties to the dispute”，or“parties concerned”，means the complaining party and the party complained against；

（d）“complaining party”means any party or parties that requests for consulta－tions under Article 4；and

（e）“party complained against”means any party to which the request for consultations is made under Article 4．

ARTICLE 2

SCOPE AND COVERAGE

1．This Agreement shall apply to disputes arising under the Framework A－greement which shall also include the Annexes and the contents therein．Hereinafter，any reference to the Framework Agreement shall include all future legal instruments agreed pursuant to it unless where the context otherwise provides．

2．Any special or additional rules and procedures on dispute settlement contained in the Framework Agreement may be listed administratively by the ASEAN Secretariat as an Appendix to this Agreement with the consent of the Parties．

3．Unless otherwise provided for in this Agreement or in the Framework A－greement，or as the Parties may otherwise agree，the provisions of this Agreement shall apply with respect to the avoidance or settlement of disputes between or among the Parties concerning their respective rights and obligations under the Framework Agreement．

4．The provisions of this Agreement may be invoked in respect of measures affecting the observance of the Framework Agreement taken by central，regional or local governments or authorities within the territory of a Party．

5．Subject to paragraph 6，nothing in this Agreement shall prejudice any right of the Parties to have recourse to dispute settlement procedures available under any other treaty to which they are parties．

6．Once dispute settlement proceedings have been initiated under this Agreement or under any other treaty to which the parties to a dispute are parties concerning aparticular right or obligation of such parties arising under the Framework Agreement or that other treaty，the forum selected by the complaining party shall be used to the exclusion of any other for such dispute．

7．Paragraphs 5and 6above shall not apply where the parties to a dispute expressly agree to the use of more than one dispute settlement forum in respect of that particular dispute．

8．For the purposes of paragraphs 5to 7，the complaining party shall be deemed to have selected a forum when it has requested the establishment of，or referred a dispute to，a dispute settlement panel or tribunal in accordance with this Agreement or any other agreement to which the parties to a dispute are parties．

ARTICLE 3

LIAISON OFFICE

1．For the purpose of this Agreement，each Party shall：

（a）designate an office that shall be responsible for all liaison affairs referred to in this Agreement；

（b）be responsible for the operation and costs of its designated office；and

（c）notify the other Parties of the location and address of its designated office within 30days after the completion of its internal procedures for the entry into force of this Agreement．

2．Unless otherwise provided in this Agreement，the submission of any request or document under this Agreement to the designated office of any Party shall be deemed to be the submission of that request or document to that Party．

ARTICLE 4

CONSULTATIONS

1．A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the implementation or application of the Framework Agreement whereby：

（a）any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired；or

（b）the attainment of any objective of the Framework Agreement is being impeded．

as a result of the failure of the party complained against to carry out its obligations under the Framework Agreement．^[23]

2．Any request for consultations shall be submitted in writing，which shall include the specific measures at issue，and the factual and legal basis（including the provisions of the Framework Agreement alleged to have been breached and any other relevant provisions）of the complaint．The complaining party shall send the request to the party complained against and the rest of the Parties．Upon receipt，the party complained against shall acknowledge receipt of such request to the complaining party and the rest of the Parties simultaneously．

3．If a request for consultations is made，the party complained against shall reply to the request within 7days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30days after the date of receipt of the request，with a view to reaching a mutually satisfactory solution．If the party complained against does not respond within the aforesaid 7days，or does not enter into consultations within the aforesaid 30days，then the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6．

4．The parties to a dispute shall make every effort to reach a mutually satisfactory resolution of any matter through consultations．To this end，the parties concerned shall：

（a）provide sufficient information to enable a full examination of how the measure might affect the operation of the Framework Agreement；and

（b）treat as confidential any information exchanged in the consultations which the other party concerned has designated as confidential．

5．Consultations shall be confidential，and are without prejudice to the rights of any Party in any further or other proceedings．

6．Whenever a Party（other than the parties to a dispute）considers that it has a substantial interest in consultations being held pursuant to this Article，such Party may notify the parties to a dispute in writing of its desire to be joined in the consultations within 10days after the date of receipt of the request for consultations by the party complained against．Such Party shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded．The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations．If the request to be joined in the consultations is not accepted，the requesting Party shall be free to request for separate consultations under this Article．

7．In cases of urgency，including those which concern perishable goods，the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against．If the consultations have failed to settle the dispute within a period of 20days after the date of receipt of the request by the party complained against，the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6．

8．In cases of urgency，including those which concern perishable goods，the parties to a dispute and arbitral tribunals shall make every effort to accelerate the proceedings to the greatest extent possible．

ARTICLE 5

CONCILIATION OR MEDIATION

1．The parties to a dispute may at any time agree to conciliation or mediation．They may begin at any time and be terminated by the parties concerned at any time．

2．If the parties to a dispute agree，conciliation or mediation proceedings may continue before any person or body as may be agreed by the parties to the dispute while the dispute proceeds for resolution before an arbitral tribunal appointed under Article 6．

3．Proceedings involving conciliation and mediation and positions taken by the parties to a dispute during these proceedings，shall be confidential，and without prejudice to the rights of any Party in any further or other proceedings．

ARTICLE 6

APPOINTMENT OF ARBITRAL TRIBUNALS

1．If the consultations referred to in Article 4fail to settle a dispute within 60 days after the date of receipt of the request for consultations or within 20days after such date in cases of urgency including those which concern perishable goods，the complaining party may make a written request to the party complained against to appoint an arbitral tribunal under this Article．A copy of this request shall also be communicated to the rest of the Parties．

2．A request for the appointment of an arbitral tribunal shall give the reasons for the request，including the identification of：

（a）the specific measure at issue；and

（b）the factual and legal basis（including the provisions of the Framework A－greement alleged to have been breached and any other relevant provisions）for the complaint sufficient to present the problem clearly．

3．Where more than 1complaining party requests the appointment of an arbitral tribunal related to the same matter，a single arbitral tribunal may，whenever feasible，be appointed by the parties concerned to examine the matter，taking into account their respective rights．

4．Where a single arbitral tribunal is appointed under paragraph 3，it shall organize its examination and present its findings to all the parties to the dispute in such manner that the rights which they would have enjoyed had separate arbitral tribunals examined the same matter are in no way impaired．If one of the parties to the dispute so requests，the arbitral tribunal may submit separate reports on the dispute to the parties concerned if the timeframe for writing the report so permits．The written submissions by aparty to the dispute shall be made available to the other parties and each party to the dispute shall have the right to be present when any of the other parties to the same dispute presents its views to the arbitral tribunal．

5．Where more than 1arbitral tribunal is appointed under paragraph 3to examine the same matter，to the greatest extent possible，the same arbitrators shall be appointed by the parties concerned to serve on each of the separate arbitral tribunals and the timetable for the proceedings of each separate arbitral tribunal shall be harmonised．

ARTICLE 7

COMPOSITION OF ARBITRAL TRIBUNALS

1．Unless otherwise provided in this Agreement or the parties to the dispute agree，the arbitral tribunal shall have three members．

2．The complaining party shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6within 20days of the receipt of the request for appointment of the arbitral tribunal under Article 6．The party complained against shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6within 30days of its receipt of the request for appointment of the arbitral tribunal under Article 6．If any party to the dispute fails to appoint an arbitrator within such period，then the arbitrator appointed by the other party to the dispute shall act as the sole arbitrator of the tribunal．

3．Once the complaining party and the party complained against have appointed their respective arbitrators subject to paragraph 2，the parties concerned shall endeavour to agree on an additional arbitrator who shall serve as chair．If the parties concerned are unable to agree on the chair of the arbitral tribunal within 30days after the date on which the last arbitrator has been appointed under paragraph 2，they shall request the Director－General of the World Trade Organization（WTO）to appoint the chair and such appointment shall be accepted by them．In the event that the Director－General is a national of one of the parties to the dispute，the Deputy Director－General or the officer next in seniority who is not a national of either party to the dispute shall be requested to appoint the chair．If one of the parties to the dispute is a non－WTO member，the parties to the dispute shall request the President of the International Court of Justice to appoint the chair and such appointment shall be accepted by them．In the event that the President is a national of one of the parties to the dispute，the Vice President or the officer next in senior－ity who is not a national of either party to the dispute shall be requested to appoint the chair．

4．The date of composition of the arbitral tribunal shall be the date on which the chair is appointed under paragraph 3，or the 30th day after the receipt of the request under Article 6where only a sole arbitrator of the tribunal is available．

5．If an arbitrator appointed under this Article resigns or becomes unable to act，a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator．The work of the arbitral tribunal shall be suspended during the appointment of the successor arbitrator．

6．Any person appointed as a member or chair of the arbitral tribunal shall have expertise or experience in law，international trade，other matters covered by the Framework Agreement or the resolution of disputes arising under international trade agreements，and shall be chosen strictly on the basis of objectivity，reliability，sound judgement and independence．Additionally，the chair shall not be a national of any party to a dispute and shall not have his or her usual place of residence in the territory of，nor be employed by，any party to a dispute．

7．Where the original arbitral tribunal is required for a matter as provided in this Agreement but cannot hear the matter for any reason，a new tribunal shall be appointed under this Article．

ARTICLE 8

FUNCTIONS OF ARBITRAL TRIBUNALS

1．The function of an arbitral tribunal is to make an objective assessment of the dispute before it，including an examination of the facts of the case and the applicability of and conformity with the Framework Agreement．Where the arbitral tribunal concludes that a measure is inconsistent with a provision of the Framework Agreement，it shall recommend that the party complained against bring the measure into conformity with that provision．In addition to its recommendations，the arbitral tribunal may suggest ways in which the party complained against could implement the recommendations．In its findings and recommendations，the arbitral tribunal cannot add to or diminish the rights and obligations provided in the Framework Agreement．

2．The arbitral tribunal shall have the following terms of reference unless the parties to a dispute agree otherwise within 20days from its composition：

“To examine，in the light of the relevant provisions in the Framework Agreement，the matter referred to this arbitral tribunal by（name of party）…and to make findings，determinations and recommendations provided for in the Framework Agreement．”

The arbitral tribunal shall address the relevant provisions in the Framework Agreement cited by the parties to a dispute．

3．The arbitral tribunal established pursuant to Article 6above：

（a）shall consult regularly with the parties to the dispute and provide adequate opportunities for the development of a mutually satisfactory resolution；

（b）shall make its decision in accordance with the Framework Agreement and the rules of international law applicable between the parties to the dispute；and

（c）shall set out，in its decision，its findings of law and fact，together with the reasons therefore．

4．The decision of the arbitral tribunal shall be final and binding on the parties to the dispute．

5．An arbitral tribunal shall take its decision by consensus；provided that where an arbitral tribunal is unable to reach consensus，it may take its decision by majority opinion．

6．The arbitral tribunal shall，in consultation with the parties to the dispute and apart from the matters set out in paragraphs 2，3，4of Article 6and Article 9，regulate its own procedures in relation to the rights of parties to be heard and its deliberations．

ARTICLE 9

PROCEEDINGS OF ARBITRAL TRIBUNALS

1．An arbitral tribunal shall meet in closed session．The parties to the dispute shall be present at the meetings only when invited by the arbitral tribunal to appear before it．

2．The venue for the substantive meetings of the arbitral tribunal shall be decided by mutual agreement between the parties to the dispute，failing which the first substantive meeting shall be held in the capital of the party complained against，with the second substantive meeting to be held in the capital of the complaining party．

3．After consulting the parties to the dispute，the arbitral tribunal shall，as soon as practical and possible within 15days after the composition of the arbitral tribunal，fix the timetable for the arbitral process．In determining the timetable for the arbitral process，the arbitral tribunal shall provide sufficient time for the parties to the dispute to prepare their respective submissions．The arbitral tribunal should set precise deadlines for written submissions by the parties to the dispute and they shall respect these deadlines．

4．The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential．Nothing in this Article shall preclude a party to a dispute from disclosing statements of its own positions or its submissions to the public；aparty to a dispute shall treat as confidential information submitted by any of the other parties concerned to the arbitral tribunal which the submitting party has designated as confidential．Where a party to a dispute submits a confidential version of its written submissions to the arbitral tribunal，it shall also，upon request of any of the other parties concerned，provide a non－confidential summary of the information contained in its submissions that could be disclosed to the public．

5．The rules and procedures pertaining to the proceedings before the arbitral tribunal as set out in Annex 1of this Agreement shall apply unless the arbitral tribunal decides otherwise after consulting the parties to the dispute．

6．The report of the arbitral tribunal shall be drafted without the presence of the parties to the dispute in the light of the information provided and the statements made．The deliberations of the tribunal shall be confidential．Opinions expressed in the report of the arbitral tribunal by an individual arbitrator shall be anonymous．

7．Following the consideration of submissions，oral arguments and any information before it，the arbitral tribunal shall issue a draft report to the parties concerned，including both a descriptive section relating to the facts of the dispute and the arguments of the parties to the dispute and the arbitral tribunal’s findings and conclusions．The arbitral tribunal shall accord adequate opportunity to the parties concerned to review the entirety of its draft report prior to its finalization and shall include a discussion of any comments by the parties concerned in its final report．

8．The arbitral tribunal shall release to the parties to the dispute its final report within 120days from the date of its composition．In cases of urgency，including those relating to perishable goods，the arbitral tribunal shall aim to issue its report to the parties to the dispute within 60days from the date of its composition．When the arbitral tribunal considers that it cannot release its final report within 120days，or within 60days in cases of urgency，it shall inform the parties concerned in writing of the reasons for the delay together with an estimate of the period within which it will issue its report．In no case should the period from the composition of an arbitral tribunal to the release of the report to parties to the dispute exceed 180days．

9．The final report of the arbitral tribunal shall become a public document within 10days after its release to the parties concerned．

ARTICLE 10

THIRD PARTIES

1．Any Party having a substantial interest in a dispute before an arbitral tribunal and having notified its interest in writing to the parties to such a dispute and the remaining Parties（hereinafter referred to as a“third party”），shall have an opportunity to make written submissions to the tribunal．These submissions shall also be given to the parties to a dispute and may be reflected in the report of the arbitral tribunal．

2．Third parties shall receive the submissions of the parties to a dispute to the first meeting of the arbitral tribunal．

3．If a third party considers that a measure already the subject of an arbitral tribunal proceedings nullifies or impairs benefits accruing to it under the Framework Agreement，such Party may have recourse to normal dispute settlement procedures under this Agreement．

ARTICLE 11

SUSPENSION AND TERMINATION OF PROCEEDINGS

1．Where the parties to the dispute agree，the arbitral tribunal may suspend its work at any time for a period not exceeding 12months from the date of such agreement．Upon the request of any party to a dispute，the arbitral proceeding shall be resumed after such suspension．If the work of the arbitral tribunal has been suspended for more than 12months，the authority for establishment of the arbitral tribunal shall lapse unless the parties concerned agree otherwise．

2．The parties to a dispute may agree to terminate the proceedings of an arbitral tribunal established under this Agreement before the release of the final report to them，in the event that a mutually satisfactory solution to the dispute has been found．

3．Before the arbitral tribunal makes its decision，it may at any stage of the proceedings propose to the parties to the dispute that the dispute be settled amicably．

ARTICLE 12

IMPLEMENTATION

1．The party complained against shall inform the complaining party of its intention in respect of implementation of the recommendations and rulings of the arbitral tribunal．

2．If it is impracticable to comply immediately with the recommendations and rulings of the arbitral tribunal，the party complained against shall have a reasonable period of time in which to do so．The reasonable period of time shall be mutually determined by the parties to the dispute or，where the parties concerned fail to agree on the reasonable period of time within 30days of the release of the arbitral tribunal’s final report，any of the parties to the dispute may refer the matter to the original arbitral tribunal wherever possible which shall，following consultations with the parties concerned，determine the reasonable period of time within 30days after the date of the referral of the matter to it．When the arbitral tribunal considers that it cannot provide its report within this timeframe，it shall inform the parties concerned in writing of the reasons for the delay and shall submit its report no later than 45days after the date of the referral of the matter to it．

3．Where there is disagreement as to the existence or consistency with the Framework Agreement of measures taken within the reasonable period of time referred to in paragraph 2to comply with the recommendations of the arbitral tribunal，such dispute shall be referred to the original arbitral tribunal，wherever possible．The arbitral tribunal shall provide its report to the parties to the dispute within 60days after the date of the referral of the matter to it．When the arbitral tribunal considers that it cannot provide its report within this timeframe，it shall inform the parties concerned in writing of the reasons for the delay and shall submit its report no later than 75days after the date of the referral of the matter to it．

ARTICLE 13

COMPENSATION AND SUSPENSION OF CONCESSIONS OR BENEFITS

1．Compensation and the suspension of concessions or benefits are temporary measures available in the event that the recommendations and rulings are not implemented within a reasonable period of time．However，neither compensation nor the suspension of concessions or benefits is preferred to full implementation of a recommendation to bring a measure into conformity with the Framework Agreement．Compensation is voluntary and，if granted，shall be consistent with the Framework Agreement．

2．If the party complained against fails to bring the measure found to be inconsistent with the Framework Agreement into compliance with the recommendations of the arbitral tribunal within the reasonable period of time determined pursuant to paragraph 2of Article 12，that party shall，if so requested，enter into negotiations with the complaining party with a view to reaching a mutually satisfactory agreement on any necessary compensatory adjustment．

3．If no mutually satisfactory agreement on compensation has been reached within 20days after the request of the complaining party to enter into negotiations on compensatory adjustment，the complaining party may request the original arbitral tribunal to determine the appropriate level of any suspension of concessions or benefits conferred on the party which has failed to bring the measure found to be inconsistent with the Framework Agreement into compliance with the recommendations of the arbitral tribunal．The arbitral tribunal shall provide its report to the parties to the dispute within 30days after the date of the referral of the matter to it．When the arbitral tribunal considers that it cannot provide its report within this timeframe，it shall inform the parties concerned in writing of the reasons for the delay and shall submit its report no later than 45days after the date of the referral of the matter to it．Concessions or benefits shall not be suspended during the course of the arbitral proceedings．

4．Any suspension of concessions or benefits shall be restricted to those accruing under the Framework Agreement to the party which has failed to bring the measure found to be inconsistent with the Framework Agreement into compliance with the recommendations of the arbitral tribunal．That party and the rest of the Parties shall be informed of the commencement and details of any such suspension．

5．In considering what concessions or benefits to suspend：

（a）the complaining party should first seek to suspend concessions or benefits in the same sector or sectors as that affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with the Framework Agreement or to have caused nullification or impairment；and

（b）the complaining party may suspend concessions or benefits in other sectors if it considers that it is not practicable or effective to suspend concessions or benefits in the same sector．

6．The suspension of concessions or benefits shall be temporary and shall only be applied until such time as the measure found to be inconsistent with the Framework Agreement has been removed，or the Party that must implement the arbitral tribunal’s recommendations has done so，or a mutually satisfactory solution is reached．

ARTICLE 14

LANGUAGE

1．All proceedings pursuant to this Agreement shall be conducted in the English language．

2．Any document submitted for use in any proceedings pursuant to this Agree－ment shall be in the English language．If any original document is not in the English language，aparty submitting it for use in the proceedings pursuant to this A－greement shall provide an English translation of that document．

ARTICLE 15

EXPENSES

1．Each party to a dispute shall bear the costs of its appointed arbitrator and its own expenses and legal costs．

2．The costs of the chair of the arbitral tribunal and other expenses associated with the conduct of its proceedings shall be borne in equal parts by the parties to a dispute．

ARTICLE 16

AMENDMENTS

The provisions of this Agreement may be modified through amendments mutually agreed upon in writing by the Parties．

ARTICLE 17

DEPOSITORY

For ASEAN，this Agreement shall be deposited with the Secretary－General of ASEAN，who shall promptly furnish a certified copy thereof，to each ASEAN Member State．

ARTICLE 18

ENTRY INTO FORCE

1．This Agreement shall enter into force on 1January 2005．

2．The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1January 2005．

4．A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other Parties in writing．

IN WITNESS WHEREOF，the undersigned，being duly authorised thereto by their respective Governments，have signed this Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co－opera－tion between the Association of Southeast Asian Nations and the People’s Republic of China．

DONE at Vientiane，Lao PDR this Twenty Ninth Day of November in the Year Two Thousand and Four，in duplicate copies in the English Language．

ANNEX1

RULES AND PROCEDURES FOR THE ARBITRAL PROCEEDINGS

1．Before the first substantive meeting of the arbitral tribunal with the parties to the dispute，the parties concerned shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments．

2．The complaining party shall submit its first submission in advance of the first submission of the party complained against unless the arbitral tribunal decides，in fixing the timetable referred to in paragraph 3of Article 9and after consultations with the parties to the dispute，that the parties concerned should submit their first submissions simultaneously．When there are sequential arrangements for the submission of first submissions，the arbitral tribunal shall establish a firm time－period for receipt of the submission of the party complained against．Any subsequent written submissions shall be submitted simultaneously．

3．At its first substantive meeting with the parties to the dispute，the arbitral tribunal shall ask the complaining party to present its submissions．Subsequently，and still at the same meeting，the party complained against shall be asked to present its submissions．

4．Formal rebuttals shall be made at the second substantive meeting of the arbitral tribunal．The party complained against shall have the right to present its submission first，and shall be followed by the complaining party．The parties to the dispute shall submit，prior to the meeting，written rebuttals to the arbitral tribunal．

5．The arbitral tribunal may at any time put questions to the parties to the dispute and ask them for explanations either in the course of a meeting with the parties concerned or in writing．

6．The parties to the dispute shall make available to the arbitral tribunal a written version of their oral statements．

7．In the interests of full transparency，the presentations，rebuttals and statements referred to in paragraphs 2to 6shall be made in the presence of the parties to the dispute．Moreover，each party’s written submissions，including any comments on the draft report，written versions of oral statements and responses to questions put by the arbitral tribunal，shall be made available to the other party．There shall be no ex parte communications with the arbitral tribunal concerning matters under its consideration．

8．The arbitral tribunal may consult experts to obtain their opinion on certain aspects of the matter．With respect to factual issues concerning a scientific or other technical matter raised by aparty to the dispute，the arbitral tribunal may request advisory reports in writing from an expert or experts．The arbitral tribunal may，at the request of a party or parties to the dispute，or on its own volition，select，in consultation with the parties to the dispute，scientific or technical experts who shall assist the arbitral tribunal throughout its proceedings but who shall not have the right to vote in respect of any decision to be made by the arbitral tribunal．

【注释】

[1]Non－WTO members of ASEAN shall abide by the WTO provisions in accordance with their accession commitments to the WTO．

[2]Non－WTO members of ASEAN shall phase out their quantitative restrictions 3years［Viet Nam：4years］from the date of entry into force of this Agreement or in accordance with their accession commitments to the WTO，whichever is earlier．

[3]In the case of Indonesia，Lao PDR，Thailand，Viet Nam and China，natural person of another Party shall be limited to a natural person who resides in the territory of that other Party or elsewhere and who under the law of that other Party is a national of that other Party．Therefore，in line with the principle of reciprocity，this Agreement shall not apply to the permanent residents of Indonesia，Lao PDR，Thailand，Viet Nam，and China．Once any of these Parties enacts its domestic law on the treatment of permanent residents of another Party or non－party，there shall be negotiations on the issue of whether to include permanent residents in the coverage of natural person under this Agreement in respect of that Party．

[4]Where the service is not supplied directly by ajuridical person but through other forms of commercial presence such as a branch or a representative office，the service supplier（i．e．the juridical person）shall，nonetheless，through such presence be accorded the treatment provided for service suppliers under this Agreement．Such treatment shall be extended to the presence through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied．

[5]The exclusion of taxation measures by the Philippines from the scope of this Agreement shall be further discussed by all Parties before the entry into force of the Agreement．

[6]The term“relevant international organisations”refers to international bodies whose membership is open to the relevant bodies of at least all Parties of this Agreement．

[7]The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society．

[8]Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Party under its taxation system which：

[9]If a Party undertakes a market－access commitment in relation to the supply of a service through the mode of supply referred to in Article 1（t）（i）and if the cross－border movement of capital is an essential part of the service itself，that Party is thereby committed to allow such movement of capital．If a Party undertakes a market－access commitment in relation to the supply of a service through the mode of supply referred to in Article1（t）（iii），it is thereby committed to allow related transfers of capital into its territory．

[10]Subparagraph 2（c）of this Article does not cover measures of a Party which limit inputs for the supply of services．

[11]Specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers．

[12]For greater certainty，policies shall refer to those affecting investment that are endorsed and announced by the Government of a Party，and made publicly available in a written form．

[13]Business concessions include contractual rights such as those under turnkey，construction or management contracts，production or revenue sharing contracts，concessions，or other similar contracts and can include investment funds for projects such as Build－Operate and Transfer（BOT）and Build－Operate and Own（BOO）schemes．

[14]For greater certainty，the phrase“is making”shall refer only to Article 5（Most－Favoured－Nation Treatment）and Article 10（Transfers and Repatriation of Profits）．

[15]In the case of Indonesia，Lao PDR，Myanmar，Thailand and Viet Nam，which do not grant rights of permanent residence to foreigners or do not accord its permanent residents the same benefits as its nationals or citizens，they shall not be legally obliged to accord the benefits of this Agreement to permanent residents of any of the other Parties，or claim the aforesaid benefits for its permanent residents，if applicable，from any of the other Parties．
In the case of China，until such time when China enacts its domestic law on the treatment of permanent residents of foreign countries，the permanent residents of the other Parties shall，provided there is reciprocity from those other Parties，be treated no less favourably than those of third countries，in like circumstances，if such permanent residents waive their rights that may be derived from provisions of dispute resolution under any other investment agreements or arrangements concluded between China and any third country．

[16]The name and contact details of the competent authorities responsible for granting such approval shall be informed to the other Parties through the ASEAN Secretariat．

[17]For Malaysia，Myanmar，Philippines，Thailand and Viet Nam，in the event of delay，the rate and payment of interest of compensation for expropriation of investments of investors of another Party shall be determined in accordance with their laws，regulations and policies provided that such laws，regulations and policies are applied on a non－discriminatory basis to investments of investors of another Party or a non－Party．

[18]The Parties understand that the reference to“the initial capital，plus any additional capital used to maintain or expand the investments”only applies following the successful completion of the approval procedures for inward investment．

[19]In the case of Philippines，submission of a claim under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings shall be subject to a written agreement between the disputing parties in the event that an investment dispute arises．

[21]For the purpose of this Sub－paragraph，footnote 5of Article XIV of the GATS is incorporated into and forms part of this Agreement，mutatis mutandis．

[22]For the purpose of this Sub－paragraph，footnote 6of Article XIV of the GATS is incorporated into and forms part of this Agreement，mutatis mutandis．

[23]Non－violation disputes are not permitted under this Agreement．

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