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November 07, 1983
SUPPLEMENTARY AGREEMENT TO AMEND THE BASIC AGREEMENT ON ASEAN INDUSTRIAL JOINT VENTURES (BAAIJV)
WHEREAS, under paragraph 3 of Article V of the Agreement, amendments may be made to the Agreement; and
WHEREAS, the parties desire to make certain amendments to the Agreement.
NOW THE PARTIES HAVE AGREED AS FOLLOWS:
(1) That the term "three year period" referred to in paragraphs 2 and 7 of Article III of the Agreement be amended to read as "four year period". The amended version of paragraphs 2 and 7 of Article III of the Agreement is to read as follows:
"The tariff preference described in Article III paragraph 1 shall apply, during the initial four year period, only to AIJVs in participating countries. The four year period shall commence from the actual date of commercial production of the AIJV product, or upon expiry of 30 months from the date the AEM approved the inclusion of that product in the final list, whichever is earlier.
The tariff preferences described in Article III paragraph 6 shall apply, during the initial four year period, only to AIJVs in participating countries. The four year period shall commence from the actual date of implementation of tariff preferences."
(2) That paragraphs 3 and 8 of Article III of the Agreement be amended to read as follows:
"Non-participating countries shall waive their rights under Chapter II, Article 8 paragraph 2 of the ASEAN PTA for the four year period. Non-participating countries need not extend a margin of preference to participating countries on AIJV products. Non-participating countries, which so desire and upon notification and concurence of COIME, may become participating countries at any time and shall extend the same margin of tariff preference for that AIJV product.
Participating countries shall waive their right under Chapter II, Article 8 paragraph 2 of the ASEAN PTA for the four year period in respect of entities which are not AIJVs but produce the same products within their countries. After the four year waiver period for an AIJV product, any entity in any member country which produces that AIJV product, irrespective of whether It qualifies as an AIJV or not, shall enjoy the margin of tariff preference in the participating countries for that particular AIJV product."
(3) That this Supplementary Agreement shall come into force on the date on which it shall receive the approval of the Contracting Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments have signed this Supplementary Agreement.
Done at Jakarta in the English Language this seventh day of November 1983.
For the Government of the
Republic of Indonesia (Sgd.) Foreign Minister of the
Republic of IndonesiaFor the Government of Malaysia (Sgd.) Foreign Minister of
MalaysiaFor the Government of the
Republic of the Philippines (Sgd.) Acting Foreign Minister of the
Republic of the PhilippinesFor the Government of the
Republic of Singapore (Sgd.) Foreign Minister of the
Republic of SingaporeFor the Government of the
Kingdom of Thailand (Sgd.) Foreign Minister of the
Kingdom of Thailand