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October 07, 1998

The Governments of Brunei Darussalam, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam, Member States of the Association of Southeast Asian Nations (hereinafter referred to as "ASEAN");

HAVING regard to the obligations under all ASEAN economic agreements; and

DESIRING to promote transparency and to improve the operation of notification procedures under all ASEAN economic agreements;

HAVE AGREED AS FOLLOWS:

ARTICLE 1
GENERAL OBLIGATION TO NOTIFY

1. Member States shall, abide by the notification procedures set out in this Protocol.

2. Member States shall notify any action or measure that they intend to take:

a) which may nullify or impair any benefit to other Member States, directly or indirectly under any ASEAN economic agreement; or

b) when the action or measure may impede the attainment of any objective of an ASEAN economic agreement.

3. Without affecting the generality of the obligations of Member States under paragraph 2, this notification procedure shall apply, but need not be limited, to changes in the measures as listed in Annex 1 and amendments thereto.

4. The provisions of this Protocol shall not apply to actions taken under emergency or safeguard measures of an ASEAN economic agreement.

ARTICLE 2
PRIOR NOTIFICATION OF INTENT

1. A Member State shall make a notification before effecting such action or measure referred to in Article 1. Subject to any other notification period provided in an ASEAN economic agreement, notification shall be made at least 60 days before such an action or measure is to take effect.

2. A Member State proposing to apply an action or measure shall provide adequate opportunity for prior discussions with those Member States having an interest in the action or measure concerned.

ARTICLE 3
ASEAN BODIES TO BE NOTIFIED

A Member State shall notify SEOM and the ASEAN Secretariat in accordance with Article 2.

ARTICLE 4
CONTENT OF NOTIFICATION

In submitting a notification, a Member State shall provide sufficient information regarding the proposed action or measure to be taken, which shall include:

a) a description of the action or measure to be taken;

b) the reasons for undertaking the action or measure; and

c) the intended date of implementation and the duration of the action or measure.

ARTICLE 5
CONFIDENTIALITY OF NOTIFICATION

The contents of the notification and all information relating to it shall be treated with confidentiality.

ARTICLE 6
FOLLOW-UP TO NOTIFICATION

1. The Member State concerned shall, without discrimination, allow adequate opportunities for other Member States to present their comments in writing and discuss these comments upon request. Discussions entered into by the Member State concerned with other Member States shall be for the purpose of seeking further clarification about the action or measure. The Member State may give due consideration to these written comments and the discussion in the implementation of the action or measure.

2. Other Member States shall present their comments within 15 days of the notification. Failure of a Member State to provide comments within the stipulated time shall not affect its right to seek recourse to a dispute settlement mechanism.

3. The Member State concerned shall furnish the ASEAN Secretariat with a copy of the comments received.

ARTICLE 7
Role of the ASEAN Secretariat/Central Registry of Notifications

1. The ASEAN Secretariat shall act as the central registry of notifications, including written comments and results of discussions.

2. The ASEAN Secretariat shall draw the attention of individual Member States to notification requirements, such as those stipulated in Article 4, which remain unfulfilled.

3. The ASEAN Secretariat shall make available information regarding individual notifications on request to any Member State.

ARTICLE 8
FINAL PROVISIONS

1. Any amendment to this Protocol shall become effective upon acceptance by ail Member States.

2. New Members of ASEAN shall accede to this Protocol by signing and depositing the instrument of accession with the Secretary-General of ASEAN.

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

4. This Protocol shall enter into force upon the deposit of instruments of ratification or acceptance by all signatory governments with the Secretary-General of ASEAN.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed the Protocol on Notification Procedures.

DONE at Makati, this 7th day of October 1998, in a single copy in the English language.

For the Government of Brunei Darussalam

(Sgd.) ABDUL RAHMAN TAIB
Minister of Industry and Primary Resources

For the Government of the Republic of Indonesia

(Sgd.) RAHARDI RAMELAN
Minister of Industry and Trade

For the Government of the Lao People's Democratic Republic

(Sgd.) SOULIVONG DARAVONG
Minister of Industry and Handicrafts

For the Government of Malaysia

(Sgd.) RAFIDAH AZIZ
Minister of International Trade and Industry

For the Government of the Union of Myanmar

(Sgd.) BRIGADIER GENERAL DAVID O. ABEL
Minister to the Office of the Chairman of the State Peace and Development Council

For the Government of the Republic of the Philippines

(Sgd.) TRINIDAD PARDO
Secretary of Trade and Industry

For the Government of the Republic of Singapore

(Sgd.) LEE YOCK SUAN
Minister for Trade and Industry

For the Government of the Kingdom of Thailand

(Sgd.) SUPACHAI PANITCHPAKDI
Deputy Prime Minister and Minister of Commerce

For the Government of the Socialist Republic of Vietnam

(Sgd.) TRUONGDINHTUYEN
Minister of Trade

ANNEX 1

LIST OF NOTIFIABLE MEASURES

a) CEPT tariffs

b) CEPT Product List

c) Quotas

d) Surcharges

e) Quantitative restrictions

f) Other non-tariff measures

g) Customs valuation

h) Rules of origin

i) Technical barriers/SPS

j) Export taxes

k) Licensing (import and export)

l) Foreign exchange controls related to imports and exports

m) Application of the ASEAN Harmonised Tariff Nomenclature beyond the 8-digit level for tariff purposes

n) Schedule of specific commitments, list of MFN exemptions and other concessions in the ASEAN Framework Agreement on Services

MALACAÑAN PALACE
MANILA

INSTRUMENT OF RATIFICATION

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS:

KNOW YE, that whereas, the ASEAN Protocol on Notification Procedures was signed by the Governments of the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Vietnam, Brunei Darussalam, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia and the Union of Myanmar in Makati City, Philippines on 07 October 1998;

WHEREAS, the Protocol, consisting of eight (8) articles, aims to promote transparency and to improve the operation of notification procedures under all ASEAN economic agreements;

WHEREAS, pursuant to the Protocol, Member States have to make notification before effecting any action or measure that they intend to take which may nullify or impair any benefit to other Member States under any ASEAN economic agreement, or when such action or measure may impede the attainment of any objective of an ASEAN economic agreement. The contents of the notification and all information relating to it are to be treated with confidentiality;

WHEREAS, Article 8 of the Protocol states that it shall enter into force upon the deposit of instruments of ratification or acceptance by all signatory governments with the Secretary-General of ASEAN;

WHEREAS, this Protocol is net one of those treaties and international agreements contemplated in Section 21. Article VII of the 1987 Constitution which require the concurrence of the Senate, but an executive agreement which can be validly entered into by the President in the exercise of his treaty making powers;

NOW, THEREFORE, be it known that I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, after having seen and considered the aforementioned ASEAN Protocol on Notification Procedures, do hereby ratify and confirm the same and every Article and Clause thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

GIVEN under my hand at the City of Manila, on this 19 th day of in the year of Our Lord one thousand nine hundred and ninety-nine.

BY THE PRESIDENT:

(Sgd.) BENJAMIN B. DOMINGO
Acting Secretary of Foreign Affairs