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K.J.SOMAIYA COLLEGE OF ARTS AND
COMMERCE
PROJECT ON
ASEAN – AN ECONOMIC INTEGRATION
SUBMITTED BY:
MISS. BHAVNA HASMUKHBHAI RAVAL
ROLL NO. : - 46
M COM PART – 1 (SEMESTER - 1)
2013 - 2014
INTERNAL ASSESSMENT
ECONOMICS OF GLOBALE TRADE AND FINANCE
PREPARED UNDER THE GUIDANCE OF
DR.C.V. HARI NARAYANAN
AFFILIATED TO:
ACKNOWLEDGEMENT
I would like to thank all the people who helped me in
undertaking the study and completing the project, by imparting me with
valuable information and guidance that was required at every stage of
my project work.
I would like to thank our Principal Dr. Sudha Vyas and
course co-ordinate Miss. Sonali Deogirikar, for giving me an
opportunity and encouragement to prepare the project.
Last but not the least, I would like to thank my project
guide Dr. C. V. HARI NARAYANAN for guiding and helping me
throughout the preparation of my project, right from selection of the
topic till its completion.
Bhavna H. Raval
Roll No:-46
DECLARATION BY THE STUDENT
I, BHAVNA HASMUKHBHAI RAVAL, Roll
Number:-46 student of M.Com Accountancy Part- 1 hereby
declare that the project for the paper Economics of
Global Trade & Finance titled, “ASEAN – AN
ECONOMIC INTEGRATION” Submitted by me for
Semester - 1 during the academic year 2013 – 2014, Is
based on actual work carried out by me under the
guidance and supervision of
Dr. C.V. HARI NARAYANAN.
I further state that this work is original and not
submitted anywhere else for any examination.
Signature of Student
(Bhavna H. Raval)
Roll No:-46
K. J. SOMAIYA COLLEGE OF ARTS & COMMERCE
VIDYAVIHAR (EAST)
CERTIFICATE
(2013 – 2014)
This is to certify that the undersigned have assessed and
evaluated the project on “ASEAN – An Economic Integration”
submitted by BHAVNA H. RAVAL, Roll No:-46 student of M.Com
in Accountancy Part-1 for the academic year 2013-2014. This project
is original to the best of our knowledge and has been accepted
for Internal Assessment.
Date:- 26th SEPTEMBER, 2013
Place:- MUMBAI
InternalExaminer External Examiner Principal
(Dr. C.V. HARI NARAYANAN) (Dr. SUDHA VYAS)
INDEX
Topics page number
1. Introduction 02
2. HISTORY 03
3. ABOUT ASEAN
 Legal Personality 05
 ASEAN Name 05
 ASEAN Identity 06
 ASEAN Motto 06
 ASEAN Member States 06
 Admission of New Members 12
 ASEAN Flag 12
 ASEAN Emblem 13
 ASEAN Day 14
 ASEAN Anthem 14
4. PURPOSE 15
5. PRINCIPLES 17
6. charter 19
 Interpretation of Charter 20
 Original Text 20
 Registration Of The ASEAN Charter 20
7. Structure 21
8. Settlement of dispute
 General Principles 23
 Good Offices, Conciliation 23
 Dispute Settlement Mechanism in Specific Instruments 23
 Establishment of Dispute Settlement Mechanisms 24
 Unsolved Disputes 24
 Compliance 24
9. DECISION MAKING
 Consultation & Consensus 24
 Implementation 25
10. BUDGET & FINANCE
 General Principles 25
 Operational Budget & Finances of the ASEAN Secretariat 25
11. ADMISSION & PROCEDURE
 Chairman of ASEAN 26
 Role of the Chairman of ASEAN 26
 Working Language 27
12. ORGANS
 ASEAN Summit 29
 ASEAN Coordinating Council 29
 ASEAN Community Councils 30
 ASEAN Sectoral Ministerial Bodies 31
 Secretary-General of ASEAN & ASEAN Secretariat 31
 Committee of Permanent representatives to ASEAN 33
 ASEAN National Secretatriats 34
 ASEAN Human Rights Body 34
 ASEAN Foundation
13. ASEANHEADS OF DEPARTMENT 35
14. ENTITIES ASSOCIATEDWITH ASEAN
 Parliamentarians 36
 Business Organisation 36
 Think Thank & Academic Institution 37
 AEAN – Accredited Civil Society Organisations (CSOs) 37
15. EXTERNAL RELATION
 Conduct of External Relation 38
 Dialogue Co-ordinator 39
 Status of External Parties 39
16. ASEAN– India Free Trade Area 40
 Background 41
 History 42
 Tariffs 43
 Criticism 43
17. CONCLUSION 44
18. BIBLIOGRAPHY 46
ASEAN – AN ECONOMIC INTEGRATION
INTRODUCTION:
The Association of Southeast Asian Nations (ASEAN) was founded on August 8 1967 by
Indonesia, Malaysia, the Philippines, Singapore and Thailand. They were subsequently
joined by Brunei, Cambodia, Laos, Myanmar and Vietnam. ASEAN activities are
coordinated by the ASEAN Secretariat, which is based in Jakarta, Indonesia.
ASEAN has emphasized regional cooperation on the three pillars of security and socio-
cultural and economic integration. It has made most progress in economic integration and
aims to create an ASEAN Economic Community (AEC) by 2015. The AEC would have a
combined population of over 566 million people and a gross domestic product of over
$1.173 trillion.
The foundation of the AEC is the ASEAN Free Trade Area (AFTA), a common external
preferential tariff scheme to promote the free flow of goods within ASEAN. Other
elements of economic integration, such as the free flow of investment and services and
the elimination of non-tariff barriers, have been added by the ASEAN leaders.
Through agreements such as the ASEAN Charter, signed in November 2007, ASEAN's
leaders are attempting to build a single market, but without either a strong central
executive (comparable to the European Commission in the European Union) or a well-
developed body of laws and dispute settlement mechanisms (like those of the North
American Free Trade Association (NAFTA)). ASEAN members' historical reluctance to
encourage either of these elements stems from a fear of impinging on ASEAN’s long-
held principles of non-interference and consensus. However, failure to integrate
ASEAN's diverse markets will mean a loss of investment and economic opportunities to
regional competitors, such as China and India. This tension between the need to integrate
and the reluctance to yield national sovereignty is the main factor affecting the
development of the AEC.
HISTORY:
Much of Southeast Asia was colonized by Western powers prior to World War II. During
the war Japan took control of the region, but was forced out following the war as
Southeast Asia countries pushed for independence. Though they were independent, the
countries found that stability was hard to come by, and they soon looked to each other for
answers.
ASEAN was preceded by an organisation called the Associationof Southeast Asia,
commonly called ASA, an alliance consisting of the Philippines, Malaysia and Thailand
that was formed in 1961. The bloc itself, however, was established on 8 August 1967,
when foreign ministers of five countries – Indonesia, Malaysia, the Philippines,
Singapore, and Thailand – met at the Thai Department of Foreign Affairs building in
Bangkok and signed the ASEAN Declaration, more commonly known as the Bangkok
Declaration. The five foreign ministers – Adam Malik of Indonesia, Narciso Ramos of
the Philippines, Abdul Razak of Malaysia, S. Rajaratnam of Singapore, and Thanat
Khoman of Thailand – are considered the organisation's Founding Fathers.
It was a short, simply-worded document containing just five articles. It declared the
establishment of an Association for Regional Cooperation among the Countries of
Southeast Asia to be known as the Association of Southeast Asian Nations (ASEAN) and
spelled out the aims and purposes of that Association. These aims and purposes were
about cooperation in the economic, social, cultural, technical, educational and other
fields, and in the promotion of regional peace and stability through abiding respect for
justice and the rule of law and adherence to the principles of the United Nations Charter.
It stipulated that the Association would be open for participation by all States in the
Southeast Asian region subscribing to its aims, principles and purposes. It proclaimed
ASEAN as representing “the collective will of the nations of Southeast Asia to bind
themselves together in friendship and cooperation and, through joint efforts and
sacrifices, secure for their peoples and for posterity the blessings of peace, freedom and
prosperity.”
The motivations for the birth of ASEAN were so that its members’ governing elite could
concentrate on nation building, the common fear of communism, reduced faith in or
mistrust of external powers in the 1960s, and a desire for economic development.
The bloc grew when Brunei Darussalam became the sixth member on 8 January 1984,
barely a week after gaining independence on 1 January.
On 28 July 1995, Vietnam became the seventh member. Laos and Myanmar (Burma)
joined two years later on 23 July 1997. Cambodia was to have joined together with Laos
and Burma, but was deferred due to the country's internal political struggle. The country
later joined on 30 April 1999, following the stabilisation of its government.
During the 1990s, the bloc experienced an increase in both membership and drive for
further integration. In 1990, Malaysia proposed the creation of an East Asia Economic
Caucus comprising the then members of ASEAN as well as the People's Republic of
China, Japan, and South Korea, with the intention of counterbalancing the growing
influence of the United States in the Asia-Pacific Economic Cooperation (APEC) and in
the Asian region as a whole. This proposal failed, however, because of heavy opposition
from the United States and Japan. Despite this failure, member states continued to work
for further integration and ASEAN Plus Three was created in 1997.
In 1992, the Common Effective Preferential Tariff (CEPT) scheme was signed as a
schedule for phasing tariffs and as a goal to increase the region’s competitive advantage
as a production base geared for the world market. This law would act as the framework
for the ASEAN Free Trade Area. After the East Asian Financial Crisis of 1997, a revival
of the Malaysian proposal was established in Chiang Mai, known as the Chiang Mai
Initiative, which calls for better integration between the economies of ASEAN as well as
the ASEAN Plus Three countries (China, Japan, and South Korea).
Aside from improving each member state's economies, the bloc also focused on peace
and stability in the region. On 15 December 1995, the Southeast Asian Nuclear-Weapon-
Free Zone Treaty was signed with the intention of turning Southeast Asia into a Nuclear-
Weapon-Free Zone. The treaty took effect on 28 March 1997 after all but one of the
member states have ratified it. It became fully effective on 21 June 2001, after the
Philippines ratified it, effectively banning all nuclear weapons in the region.
ABOUT ASEAN:
ARTICLE 1 => LEGAL PERSONALITY OF ASEAN
ASEAN, as an inter-governmental organization, is hereby conferred legal personality.
ARTICLE 2 => ASEAN Name
A. Guidelines on the Use of the Name “ASEAN”
1. The Name “ASEAN” refers to the “Association of Southeast Asian Nations”.
2. The Name “ASEAN” is the reserved copyright of ASEAN.
3. The Name “ASEAN” shall be used in a manner that promotes ASEAN and its
purposes and principles. It shall not be used for political propaganda or for activities that
harm the dignity of ASEAN.
B. Enquiries and Requests for the Use of the Name “ASEAN”
4. Enquiries and requests for the use of the name “ASEAN” shall be submitted in
writing, and accompanied with the following information:
• organisational profile; and
• purpose for the proposed use of the name “ASEAN”.
5. Such request should satisfy the following conditions:
• The entity should be indigenous to ASEAN;
• The usage of the name “ASEAN” should not have any negative effect on
the aims and objectives of ASEAN;
• The name “ASEAN” should not be brought into disrepute by its usage; and
• The use of the name “ASEAN” shall be in support of ASEAN purposes and
principles.
6. The ASEAN Secretariat shall consider the requests accordingly. The approval
granted shall be exclusive to the proposed activity. Such approval shall not be extended
to third parties.
7. Enquiries and requests for the use of the name “ASEAN” should be submitted to the
following address:
Public Outreach and Civil SocietyDivision
The ASEAN Secretariat
70 A, Jl. Sisingamangaraja, Jakarta 12110
Indonesia
E-mail: public@asean.org
ARTICLE 3 => ASEAN IDENTITY
ASEAN shall promote its common ASEAN identity and a sense
of belonging among its peoples in order to achieve its shared
destiny, goals and values.
ARTICLE 4 => ASEAN MOTTO
The motto ASEAN is: "OneVision, OneIdentity, One
Community"
ARTICLE 5 => ASEAN MEMBER STATES
The Member States of ASEAN are Brunei Darussalam, the Kingdom of Cambodia, the
Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of
Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of
Thailand and the Socialist Republic of Viet Nam.
Brunei Darussalam
For Brunei Darussalam:
HAJI HASSANAL BOLKIAH
Sultan of Brunei Darussalam
Head of State : His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah
Capital : Bandar Seri Begawan
Language(s) : Malay, English
Currency : B$ (Brunei Dollar)
Ministry of Foreign Affairs & Trade of Brunei Darussalam Website: www.mfa.gov.bn
Cambodia
For the Kingdom of Cambodia:
SAMDECH HUN SEN
Prime Minister
Head of State : His Majesty King Norodom Sihamoni
Head of Government : Prime Minister Hun Sen
Capital : Phnom Penh
Language : Khmer
Currency : Riel
Ministry of Foreign Affairs & International Cooperation of Cambodia
Website: www.mfaic.gov.kh
Indonesia
For the Republic of Indonesia:
DR. SUSILO BAMBANG YUDHOYONO
President
Head of State : President Susilo Bambang Yudhoyono
Capital : Jakarta
Language : Indonesian
Currency : Rupiah
Department of Foreign Affairs of Indonesia Website: www.deplu.go.id
Lao PDR
For the Lao People’s Democratic Republic:
BOUASONE BOUPHAVANH
Prime Minister
Head of State : President Choummaly Sayasone
Head of Government : Prime Minister Thongsing Thammavong
Capital : Vientiane
Language : Lao
Currency : Kip
Ministry of Foreign Affairs of Lao PDR Website: www.mofa.gov.la
Malaysia
For Malaysia:
DATO’ SERI ABDULLAH AHMAD BADAWI
Prime Minister
Head of Government : The Honourable Dato’ Sri Mohd Najib bin Tun Abdul Razak
Capital : Kuala Lumpur
Language(s) : Malay, English, Chinese, Tamil
Currency : Ringgit
Ministry of Foreign Affairs of Malaysia Website: www.kln.gov.my
ASEAN-Malaysia National Secretariat Website: www.kln.gov.my/myasean
Myanmar(Burma)
For the Union of Myanmar:
GENERAL THEIN SEIN
Prime Minister
Head of State : Senior General Than Shwe
Head of Government : Prime Minister General Thein Sein
Capital : Nay Pyi Taw
Language : Myanmar
Currency : Kyat
Ministry of Foreign Affairs of Myanmar Website: www.mofa.gov.mm
Philippines
For the Republic of the Philippines:
GLORIA MACAPAGAL-ARROYO
President
Head of State : President Benigno S. Aquino III
Capital : Manila
Language(s) : Filipino, English, Spanish
Currency : Peso
Department of Foreign Affairs of the Philippines Website: www.dfa.gov.ph
Singapore
For the Republic of Singapore:
LEE HSIEN LOONG
Prime Minister
Head of State : President S R Nathan
Head of Government : Prime Minister Lee Hsien Loong
Capital : Singapore
Language(s) : English, Malay, Mandarin, Tamil
Currency : S$ (Singapore Dollar)
Ministry of Foreign Affairs of Singapore Website: www.mfa.gov.sg
Thailand
For the Kingdom of Thailand:
GENERAL SURAYUD CHULANONT (RET.)
Prime Minister
Head of State : His Majesty King Bhumibol Adulyadej
Head of Government : Prime Minister Abhisit Vejjajiva
Capital : Bangkok
Language : Thai
Currency : Baht
Ministry of Foreign Affairs of Thailand Website: www.mfa.go.th
Viet Nam
For the Socialist Republic of Viet Nam:
NGUYEN TAN DUNG
Prime Minister
Head of State : President Nguyen Minh Triet
Head of Government : Prime Minister Nguyen Tan Dung
Capital : Ha Noi
Language : Vietnamese
Currency : Dong
Ministry of Foreign Affairs of Viet Nam Website: www.mofa.gov.vn
ARTICLE 6 => ADMISSION OF NEW MEMBERS
1. The procedure for application and admission to ASEAN
shall be prescribed by the ASEAN Coordinating Council.
2. Admission shall be based on the following criteria:
(a) location in the recognised geographical region of Southeast Asia;
(b) recognition by all ASEAN Member States;
(c) agreement to be bound and to abide by the Charter; and
(d) ability and willingness to carry out the obligations of Membership.
3. Admission shall be decided by consensus by the ASEAN Summit, upon the
recommendation of the ASEAN Coordinating Council.
4. An applicant State shall be admitted to ASEAN upon
signing an Instrument of Accession to the Charter.
ARTICLE 7 => ASEAN FLAG
The ASEAN flag shall be as shown in Annex 3.
Guidelines on the use of The ASEAN FLAG
1. The ASEAN Flag is a symbol of Member States’ unity & support for the principles
& endeavours of ASEAN & a means to promote greater ASEAN awareness & solidarity.
2. The ASEAN Flag represents a stable, peaceful, united and dynamic ASEAN. The
colours of the Flag – blue, red, white and yellow – represent the main colours of the flags
of all the ASEAN Member States.
3. The blue represents peace and stability. Red depicts courage and dynamism, white
shows purity and yellow symbolises prosperity.
4. The stalks of padi in the centre of the Emblem represent the dream of ASEAN’s
Founding Fathers for an ASEAN comprising all the countries in Southeast Asia, bound
together in friendship and solidarity.
5. The circle represents the unity of ASEAN.
6. The ASEAN Flag is the reserved copyright of ASEAN.
7. The specifications of the ASEAN Flag are annexed.
A. Dignity of the ASEAN Flag
8. The ASEAN Flag shall be treated with respect and shall not be subjected to
any indignity.
ARTICLE 8 => ASEAN EMBLEM
The ASEAN emblem shall be as shown in Annex 4.
Guidelines on the Use of the ASEAN Emblem
1. The ASEAN Emblem shall be the official emblem of ASEAN.
2. The ASEAN Emblem represents a stable, peaceful, united and dynamic ASEAN.
The colours of the Emblem — blue, red, white and yellow — represent the main colours
of the state crests of all the ASEAN Member States.
3. The blue represents peace and stability. Red depicts courage and dynamism, white
shows purity and yellow symbolises prosperity.
4. The stalks of padi in the centre of the Emblem represent the dream of ASEAN’s
Founding Fathers for an ASEAN comprising all the countries in Southeast Asia, bound
together in friendship and solidarity.
5. The circle represents the unity of ASEAN.
6. The ASEAN Emblem is the reserved copyright of ASEAN.
Note:
The Guidelines were adopted at the 6th Meeting of the ASEAN Coordinating Council
(ACC), Ha Noi, 8 April 2010.
ARTICLE 9 => ASEAN DAY
The 8th of August shall be observed as ASEAN Day.
ARTICLE 10 => ASEAN ANTHEM
Guidelines onthe Use of the ASEAN Anthem
1. The ASEAN Anthem is an expression of ASEAN unity. It also strengthens the sense
of ASEAN identity and belonging among the peoples of the region.
2. The ASEAN Anthem is titled “THE ASEAN WAY”, with musical composition and
lyrics as attached.
A. Dignityof the ASEAN Anthem
4. The ASEAN Anthem shall be used in a proper and dignified manner. When the
Anthem is played, the audience shall rise.
5. The Anthem shall not be used in whole or in parts for commercial purposes or
political propaganda.
Audio, "The ASEAN Way"
The Asean Way / Original Version
By :
Mr.Kittikhun Sodprasert, Mr Sampow Triudom, Mrs.Payom Valaipatchra
Lyrics, "The ASEAN Way"
Raise our flag high, sky high
Embrace the pride in our heart
ASEAN we are bonded as one
Look-in out to the world.
For peace, our goal from the very start
And prosperity to last.
Note:
The Guidelines were adopted at the 6th Meeting of the ASEAN Coordinating Council
(ACC), Ha Noi, 8 April 2010.
PURPOSES:
The Purposes of ASEAN are:
1. To maintain and enhance peace, security, stability, ASEAN study
and further strengthen peace-oriented values in the region;
2. To enhance regional resilience by promoting greater
political, security, economic and socio-cultural cooperation;
3. To preserve Southeast Asia as a Nuclear Weapon-Free
Zone and free of all other weapons of mass destruction;
4. To ensure that the peoples and Member States of ASEAN
live in peace with the world at large in a just, democratic and harmonious environment;
5. To create a single market and production base which is stable, prosperous, highly
competitive and economically integrated with effective facilitation for trade &
investment in which there is free flow of goods, services and investment; facilitated
movement of business persons, professionals, talents and labour; & freer flow of capital;
6. To alleviate poverty and narrow the development gap
within ASEAN through mutual assistance and cooperation;
7. To strengthen democracy, enhance good governance and the rule of law, and to
promote and protect human rights and fundamental freedoms, with due regard to the
rights and responsibilities of the Member States of ASEAN;
8. To respond effectively, in accordance with the principle of comprehensive security,
to all forms of threats, transnational crimes and transboundary challenges;
9. To promote sustainable development so as to ensure the protection of the region’s
environment, the sustainability of its natural resources, the preservation of its cultural
heritage and the high quality of life of its peoples;
10. To develop human resources through closer cooperation in education and life-long
learning, and in science and technology, for the empowerment of the peoples of ASEAN
and for the strengthening of the ASEAN Community;
11. To enhance well-being & livelihood of the peoples of ASEAN by providing them
with equitable access to opportunities for human development,social welfare & justice;
12. To strengthen cooperation in building a safe, secure and
drug-free environment for the peoples of ASEAN;
13. To promote a people-oriented ASEAN in which all sectors
of societyare encouraged to participate in, and benefit from,
the process of ASEAN integration and community building;
14. To promote an ASEAN identity through the fostering of greater awareness of the
diverse culture and heritage of the region; and
15. To maintain the centrality and proactive role of ASEAN as the primary driving force
in its relations and cooperation with its external partners in a regional architecture that is
open, transparent and inclusive.
PRINCIPLES:
1. In pursuit of the Purposes stated in Article 1, ASEAN and its Member States
reaffirm and adhere to the fundamental principles contained in the declarations,
agreements, conventions, concords, treaties and other instruments of ASEAN.
2. ASEAN and its Member States shall act in accordance
with the following Principles:
(a) mutual respect for the independence, sovereignty, equality,
territorial integrity and national identity of all ASEAN Member States;
(b) shared commitment and collective responsibility in
enhancing regional peace, security and prosperity;
(c) renunciation of aggression and of the threat or use
of force or other actions in any manner inconsistent with international law;
(d) reliance on peaceful settlement of disputes;
(e) non-interference in the internal affairs of ASEAN Member States;
(f) respect for the right of every Member State to lead
its national existence free from external interference, subversion & coercion;
(g) enhanced consultations on matters seriously
affecting the common interest of ASEAN;
(h) adherence to the rule of law, good governance, the
principles of democracy and constitutional government;
(i) respect for fundamental freedoms, the promotion
and protection of human rights, and the promotion of social justice;
(j) upholding the United Nations Charter and
international law, including international
humanitarian law, subscribed to by ASEAN Member States;
(k) abstention from participation in any policy or activity, including the use of its
territory, pursued by any ASEAN Member State or non-ASEAN State or any
non-State actor, which threatens the sovereignty, territorial integrity or
political and economic stability of ASEAN Member States;
(l) respect for the different cultures, languages and
religions of the peoples of ASEAN, while
emphasizing their common values in the spirit of unity in diversity;
(m) the centrality of ASEAN in external political,
economic, social and cultural relations while
remaining actively engaged, outward-looking,
inclusive and non-discriminatory; and
(n) adherence to multilateral trade rules and ASEAN’s
rules-based regimes for effective implementation of
economic commitments and progressive reduction
towards elimination of all barriers to regional
economic integration, in a market-driven economy.
(o) effective cooperation among themselves.
3. In 2003 the group agreed on the pursuit of three pillars, or, "communities":
Security Community: No armed conflict has taken place among ASEAN’s members
since its inception four decades ago. Each member has agreed to resolve all conflicts by
use of peaceful diplomacy and without use of force.
Economic Community: Perhaps the most vital part of ASEAN's quest is to create a free,
integrated market in its region, much like that of the European Union. The ASEAN Free
Trade Area (AFTA) embodies this goal, eliminating virtually all tariffs (taxes on imports
or exports) in the region to increase competitiveness and efficiency. The organization is
now looking towards China and India to open up their markets in order to create the
largest free market area in the world.
Socio-cultural Community: To combat the pitfalls of capitalism and free trade, namely,
disparity in wealth and job loss, the socio-cultural community focuses on disadvantaged
groups such as rural workers, women, and children. Various programs are used to this
end, including those for HIV/AIDS, higher education, and sustainable development,
among others. The ASEAN scholarship is offered by Singapore to the other nine
members, and the University Network is a group of 21 higher education institutes that aid
each other in the region.
CHARTER:
The Secretariatof ASEAN at Jalan SisingamangarajaNo.70A,South Jakarta,Indonesia.
The ASEAN Charter serves as a firm foundation in achieving the ASEAN Community by
providing legal status and institutional framework for ASEAN. It also codifies ASEAN
norms, rules and values; sets clear targets for ASEAN; and presents accountability and
compliance.
The ASEAN Charter entered into force on 15 December 2008. A gathering of the ASEAN
Foreign Ministers was held at the ASEAN Secretariat in Jakarta to mark this very historic
occasionfor ASEAN.
With the entry into force of the ASEAN Charter, ASEAN will henceforth operate under a
new legal framework and establish a number of new organs to boost its community-building
process.
In effect, the ASEAN Charter has become a legally binding agreement among the 10
ASEAN Member States. It will also be registered with the Secretariat of the United Nations,
pursuant to Article 102, Paragraph1 of the Charter of the United Nations.
The importance of the ASEAN Charter can be seenin the followingcontexts:
 New political commitment at the toplevel
 New and enhanced commitments
 New legal framework, legal personality
 New ASEAN bodies
 Two new openly-recruitedDSGs
 More ASEAN meetings
 More roles of ASEAN ForeignMinisters
 New and enhanced role of the Secretary-General of ASEAN
 Other new initiatives and changes
ARTICLE 11 => INTERPRETATION OF THE CHARTER
1. Upon the request of any Member State, the interpretation of the Charter shall be
undertaken by the ASEAN Secretariat in accordance with the rules of procedure
determined by the ASEAN Coordinating Council.
2. Any dispute arising from the interpretation of the Charter shall be settledin
accordance with the relevant provisions in Chapter VIII.
3. Headings and titles used throughout the Charter shall
only be for the purpose of reference.
ARTICLE 12 => ORIGINAL TEXT
The signed original text of this Charter in English shall be
deposited with the Secretary-General of ASEAN, who shall
provide a certifiedcopy to each Member State.
ARTICLE 13 => REGISTRATION OF THE ASEAN CHARTER
This Charter shall be registered by the Secretary-General of
ASEAN with the Secretariat of the United Nations, pursuant to
Article 102, paragraph 1 of the Charter of the United Nations.
STRUCTURE:
The Chair of ASEAN is rotated among the ASEAN countries on an annual basis, and acts
as host of the Summit and key ministerial meetings. The Chair of ASEAN for 2013 is
Brunei, to be followed by Myanmar in 2014.
The ASEAN Secretariat, based in Jakarta, Indonesia, coordinates, initiates and
implements ASEAN activities. The Secretariat is headed by the Secretary-General of
ASEAN, who is appointed for a five-year term and accorded ministerial status. Le Luong
Minh, former Vice Minister of Foreign Affairs of Vietnam, assumed the post of
Secretary-General of ASEAN in January 2013.
Established by the ASEAN Charter, the Jakarta-based ASEAN Committee for Permanent
Representatives (CPR) is tasked to engage Dialogue Partners.
There are a number of decision-making bodies that comprise ASEAN, spanning from
international to the very local. The most important are listed below:
Meeting of the ASEAN Heads of State and Government: The highest body made up of
the heads of each respective government; meets annually.
Ministerial Meetings: Coordinates activities in many areas including agriculture and
forestry, trade, energy, transportation, science and technology, among others; meets
annually.
Committees for External Relations: Made up of diplomats in many of the world's major
capitals.
Secretary-General: The appointed leader of the organization empowered to implement
policies and activities; appointed to five year term. Currently Surin Pitsuwan of Thailand.
Not mentioned above are over 25 other committees and 120 technical and advisory
groups.
Source: David Irvine, Making haste less slowly: Asean from 1975, in Alison Broinski (editor), Understanding
Asean, Macmillan Press Ltd, London, 1983 p.53
SETTLEMENT OF DISPUTES:
ARTICLE 12 => GENERAL PRINCIPLES
1. Member States shall endeavour to resolve peacefullyall disputes in a
timely manner through dialogue, consultationand negotiation.
2. ASEAN shall maintain and establishdispute settlement
mechanisms in all fields of ASEAN cooperation.
ARTICLE 13 => GOOD OFFICES, CONCILIATION AND MEDIATION
1. Member States which are parties to a dispute may at any time agree to
resort to goodoffices, conciliationor mediationinorder to resolve the dispute
within an agreedtime limit.
2. Parties to the dispute may request the Chairman of ASEAN or the
Secretary-General of ASEAN, acting in an exofficio capacity, to provide good
offices, conciliationor mediation.
ARTICLE 14 => DISPUTE SETTLEMENT MECHANISMS IN SPECIFIC
INSTRUMENTS
1. Disputes relatingto specificASEAN instruments shall be settledthrough
the mechanisms and procedures providedfor insuch instruments.
2. Disputes which do not concernthe interpretationor applicationof any ASEAN
instrument shall be resolved
peacefullyin accordance with the Treaty of Amity and
CooperationinSoutheast Asia and its rules of procedure.
3. Where not otherwise specificallyprovided, disputes which
concernthe interpretationor applicationof ASEAN economic
agreements shall be settledinaccordance with the ASEAN
Protocol onEnhanced Dispute Settlement Mechanism.
ARTICLE 15 => ESTABLISHMENT OF DISPUTE SETTLEMENT
MECHANISMS
Where not otherwise specifically provided, appropriate dispute settlement mechanisms,
including arbitration, shall be established for disputes which concern the interpretation or
application of this Charter and other ASEAN instruments.
ARTICLE 16 => UNRESOLVED DISPUTES
When a dispute remains unresolved, after the application of the preceding provisions of
this Chapter, this dispute shall be referredto the ASEAN Summit, for its decision.
ARTICLE 17 => COMPLIANCE
1. The Secretary-General of ASEAN, assisted by the ASEAN Secretariat or any other
designated ASEAN body, shall monitor the compliance with the findings,
recommendations or decisions resulting from an ASEAN dispute settlement mechanism,
and submit a report to the ASEAN Summit.
2. Any Member State affected by non-compliance with the findings, recommendations
or decisions resulting from an ASEAN dispute settlement mechanism, may refer the
matter to the ASEAN Summit for a decision.
DECISION-MAKING:
ARTICLE 18 => DECISION-MAKING CONSULTATION AND
CONSENSUS
1. As a basic principle, decision-makinginASEAN shall be
based on consultationand consensus.
2. Where consensus cannot be achieved, the ASEAN
Summit may decide how a specific decisioncanbe made.
3. Nothing in paragraphs 1 and 2 of this Article shall affect the modes of decision-making
as containedin the relevant ASEAN legal instruments.
4. In the case of a serious breachof the Charter or noncompliance,
the matter shall be referredto the ASEAN Summit for decision.
ARTICLE 19 => IMPLEMENTATION AND PROCEDURE
1. Each ASEAN Community Council shall prescribe its own rules of procedure.
2. In the implementationof economiccommitments, a
formulafor flexible participation, includingthe ASEAN Minus X
formula, may be applied where there is a consensus to do so.
BUDGET AND FINANCE:
ARTICLE 20 => GENERAL PRINCIPLES
1. ASEAN shall establishfinancial rules and procedures in
accordance with international standards.
2. ASEAN shall observe sound financial management
policies andpractices and budgetary discipline.
3. Financial accounts shall be subject to internal and external audits.
ARTICLE 21 => OPERATIONAL BUDGET AND FINANCES
OF THE ASEAN SECRETARIAT
1. The ASEAN Secretariat shall be provided with the
necessaryfinancial resources to perform its functions effectively.
2. The operational budget of the ASEAN Secretariat shall be
met by ASEAN Member States throughequal annual
contributions whichshall be remitted ina timelymanner.
3. The Secretary-General shall prepare the annual operational budget of the ASEAN
Secretariat for approval by the ASEAN CoordinatingCouncil upon the recommendationof
the Committee of Permanent Representatives.
4. The ASEAN Secretariat shall operate inaccordance with the financial rules and
procedures determinedbythe ASEAN CoordinatingCouncil upon the recommendationof
the Committee of Permanent Representatives.
ADMINISTRATION AND PROCEDURE:
ARTICLE 22 => CHAIRMAN OF ASEAN
1. The Chairmanship of ASEAN shall rotate annually, based
on the alphabetical order of the English names of Member
States.
2. ASEAN shall have, in a calendar year, a single Chairmanship by which the
Member State assuming the Chairmanship shall chair:
(a) the ASEAN Summit and relatedsummits;
(b) the ASEAN CoordinatingCouncil;
(c) the three ASEAN Community Councils;
(d) where appropriate, the relevant ASEAN Sectoral
Ministerial Bodies andsenior officials;and
(e) the Committee of Permanent Representatives.
ARTICLE 23 => ROLE OF THE CHAIRMAN OF ASEAN
The Member State holding the Chairmanship of ASEAN shall:
(a) actively promote and enhance the interests andwellbeing of ASEAN, including
efforts to buildan ASEAN Community through policyinitiatives, coordination, consensus
and cooperation;
(b) ensure the centralityof ASEAN;
(c) ensure an effective and timelyresponse to urgent issues or crisis situations affecting
ASEAN, including providing its good offices andsuch other arrangements to immediately
address these concerns;
(d) represent ASEAN in strengtheningand promoting
closer relations withexternal partners;and
(e) carryout suchother tasks and functions as may be mandated.
ARTICLE 24 => WORKING LANGUAGE OF ASEAN
The working language of ASEAN shall be English.
ORGANS:
ARTICLE 25 => ASEAN SUMMIT
1. The ASEAN Summit shall comprise the Heads of State or
Government of the Member States.
2. The ASEAN Summit shall:
(a) be the supreme policy-makingbody of ASEAN;
(b) deliberate, provide policyguidance and take decisions onkeyissues
pertaining to the realizationof the objectives of ASEAN, important matters of
interest to Member States andall issues referredto it by the ASEAN
CoordinatingCouncil, the ASEAN Community Councils and ASEAN Sectoral
Ministerial Bodies;
(c) instruct the relevant Ministers ineachof the Councils concernedto holdad hoc
inter-Ministerial meetings, and address important issues concerning ASEAN that
cut across the CommunityCouncils. Rules of procedure for suchmeetings shall
be adopted by the ASEAN CoordinatingCouncil;
(d) address emergencysituations affectingASEAN by taking appropriate actions;
(e) decide onmatters referredto it under Chapters VII and VIII;
(f) Authorise the establishment and the dissolutionof
Sectoral Ministerial Bodies andother ASEAN institutions;and
(g) appoint the Secretary-General of ASEAN, with the
rank and status of Minister, who will serve with the
confidence and at the pleasure of the Heads of
State or Government upon the recommendationof
the ASEAN ForeignMinisters Meeting.
3. ASEAN Summit Meetings shall be:
(a) held twice annually, and be hostedby the Member
State holding the ASEAN Chairmanship; and
(b) convened, whenever necessary, as special or ad
hoc meetings to be chairedby the Member State
holding the ASEAN Chairmanship, at venues to be
agreed upon by ASEAN Member States.
List of ASEAN Summits
ASEAN Summits Venue Date
First ASEAN Summit Bali, Indonesia 23-24 February 1976
Second ASEAN Summit Kuala Lumpur, Malaysia 4-5 August 1977
Third ASEAN Summit Manila, the Philippines 14-15 December 1987
Fourth ASEAN Summit Singapore 27-29 January 1992
Fifth ASEAN Summit Bangkok, Thailand 14-15 December 1995
First Informal ASEAN Summit Jakarta, Indonesia 30 November 1996
Second Informal ASEAN Summit Kuala Lumpur, Malaysia 14-16 December 1997
Sixth ASEAN Summit Ha Noi, Vietnam 15-16 December 1998
Third Informal ASEAN Summit Manila, the Philippines 27-28 November 1999
Fourth Informal ASEAN Summit Singapore 22-25 November 2000
Seventh ASEAN Summit and Related
Summits
Bandar Seri Begawan, Brunei
Darussalam
5-6 November 2001
Eight ASEAN Summit and Related
Summits
Phnom Penh, Cambodia 4-5 November 2002
Ninth ASEAN Summit and Related Bali, Indonesia 7-8 November 2003
Summits
Tenth ASEAN Summit and Related
Summits
Vientiane, Lao PDR 29-30 November 2004
Eleventh ASEAN Summit and
Related Summits
Kuala Lumpur, Malaysia 12-14 December 2005
Twelfth ASEAN Summit and Related
Summits
Cebu, the Philippines 9-15 January 2007
Thirteenth ASEAN Summit and
Related Summits
Singapore 18-22 November 2007
Fourteenth ASEAN Summit and
Related Summits
Cha-am Hua Hin, Thailand
26 February – 1
March 2009
Fifteenth ASEAN Summit and
Related Summits
Cha-am Hua Hin, Thailand 23-25 October 2009
Sixteenth ASEAN Summit Ha Noi 28-30 October 2010
Seventeenth ASEAN Summit Ha Noi 28-30 October 2010
Eighteenth ASEAN Summit Jakarta 7-8 May 2011
Nineteenth ASEAN Summit Bali, Indonesia 14-19 November 2011
Twentieth ASEAN Summit Phnom Penh 03-04 April 2012
Twentyfirst ASEAN Summit Phnom Penh 18 November 2012
ARTICLE 26 => ASEAN COORDINATING COUNCIL
1. The ASEAN Coordinating Council shall comprise the
ASEAN ForeignMinisters andmeet at least twice a year.
2. The ASEAN Coordinating Council shall:
(a) prepare the meetings of the ASEAN Summit;
(b) coordinate the implementationof agreements & decisions of ASEAN Summit;
(c) coordinate withthe ASEAN Community Councils to
enhance policycoherence, efficiencyandcooperationamongthem;
(d) coordinate the reportsof ASEAN Community Councils to ASEAN Summit;
(e) consider the annual report of the Secretary-General onthe work of ASEAN;
(f) consider the report of the Secretary-General onthe functions and operations
of the ASEAN Secretariat and other relevant bodies;
(g) approve the appointment and terminationof the Deputy Secretaries-General
upon the recommendationof the Secretary-General;and
(h) undertake other tasks provided for in this Charter or such other functions as
may be assignedby the ASEAN Summit.
3. The ASEAN CoordinatingCouncil shall be supportedby
the relevant senior officials.
ARTICLE 27 => ASEAN COMMUNITY COUNCILS
1. The ASEAN Community Councils shall comprise the ASEAN Political-Security
Community Council, ASEAN Economic Community Council, and ASEAN Socio-
Cultural Community Council.
2. Each ASEAN Community Council shall have under its
purview the relevant ASEAN Sectoral Ministerial Bodies.
3. Each Member State shall designate its national
representation for each ASEAN Community Council meeting.
4. In order to realise the objectives of each of the three
pillars of the ASEAN Community, each ASEAN Community Council shall:
(a) ensure the implementation of the relevant decisions of the ASEAN Summit;
(b) coordinate the work of the different sectors under its purview, and on issues
which cut across the other Community Councils; and
(c) submit reports and recommendations to the ASEAN
Summit on matters under its purview.
5. Each ASEAN Community Council shall meet at least twice a year and shall be
chaired by the appropriate Minister from the Member State holding the ASEAN
Chairmanship.
6. Each ASEAN Community Council shall be supported by
the relevant senior officials.
ARTICLE 28 => ASEAN SECTORAL MINISTERIAL BODIES
1. ASEAN Sectoral Ministerial Bodies shall:
(a) function in accordance with their respective established mandates;
(b) implement the agreements and decisions of the
ASEAN Summit under their respective purview;
(c) strengthen cooperation in their respective fields in support of
ASEAN integration and community building; and
(d) submit reports and recommendations to their respective Community Councils.
2. Each ASEAN Sectoral Ministerial Body may have under its purview the relevant
senior officials and subsidiary bodies to undertake its functions as contained in Annex 1.
The Annex may be updated by the Secretary-General of ASEAN upon the
recommendation of the Committee of Permanent Representatives without recourse to the
provision on Amendments under this Charter.
ARTICLE 29 => SECRETARY-GENERAL OF ASEAN AND ASEAN
SECRETARIAT
1. The Secretary-General of ASEAN shall be appointed by the ASEAN Summit for a
non-renewable term of office of five years, selected from among nationals of the ASEAN
Member States based on alphabetical rotation, with due consideration to integrity,
capability and professional experience, and gender equality.
2. The Secretary-General shall:
(a) carry out the duties & responsibilities of this high office in accordance with the
provisions of Charter & relevant ASEAN instruments,protocols & established practices;
(b) facilitate and monitor progress in the implementation of ASEAN agreements
and decisions, and submit an annual report on the work of ASEAN to ASEAN Summit;
(c) participate in meetings of the ASEAN Summit, the ASEAN Community
Councils, the ASEAN Coordinating Council, and ASEAN Sectoral Ministerial Bodies
and other relevant ASEAN meetings;
(d) present the views of ASEAN and participate in meetings with external parties
in accordance with approved policy guidelines and mandate given to the
Secretary-General; and
(e) recommend the appointment and termination of the Deputy Secretaries-General
to the ASEAN Coordinating Council for approval.
3. The Secretary-General shall also be the Chief Administrative Officer of ASEAN.
4. The Secretary-General shall be assisted by four Deputy Secretaries-General with the
rank and status of Deputy Ministers. The Deputy Secretaries-General shall be
accountable to the Secretary-General in carrying out their functions.
5. The four Deputy Secretaries-General shall be of different nationalities from the
Secretary-General and shall come from four different ASEAN Member States.
6. The four Deputy Secretaries-General shall comprise:
(a) two Deputy Secretaries-General who will serve a non-renewable term of three
years, selectedfrom among nationals of the ASEAN Member States
based on alphabetical rotation, with due consideration to integrity, qualifications,
competence, experience and gender equality; and
(b) two Deputy Secretaries-General who will serve a term of three years, which
may be renewed for another three years. These two Deputy Secretaries-General shall be
openly recruitedbased on merit.
7. The ASEAN Secretariat shall comprise the Secretary-General and
such staff as may be required.
8. The Secretary-General and the staff shall:
(a) uphold the highest standards of integrity, efficiency, and
competence in the performance of their duties;
(b) not seek or receive instructions from any government or external
party outside of ASEAN; and
(c) refrain from any action which might reflect on their position as ASEAN
Secretariat officials responsible only to ASEAN.
9. Each ASEAN Member State undertakes to respect the exclusively ASEAN character
of the responsibilities of the Secretary-General and the staff, and not to seek to influence
them in the discharge of their responsibilities.
ARTICLE 30 => COMMITTEE OF PERMANENT REPRESENTATIVES
TO ASEAN
1. Each ASEAN Member State shall appoint a Permanent
Representative to ASEAN with the rank of Ambassador based in Jakarta.
2. The Permanent Representatives collectively constitute a
Committee of Permanent Representatives, which shall:
(a) support the work of the ASEAN Community
Councils and ASEAN Sectoral Ministerial Bodies;
(b) coordinate withASEAN National Secretariats and
other ASEAN Sectoral Ministerial Bodies;
(c) liaise with the Secretary-General of ASEAN and the
ASEAN Secretariat onall subjects relevant to its work;
(d) facilitate ASEAN cooperationwithexternal partners; and
(e) perform suchother functions as may be determined
by the ASEAN CoordinatingCouncil.
ARTICLE 31 => ASEAN NATIONAL SECRETARIATS
Each ASEAN Member State shall establish an ASEAN National Secretariat which shall:
(a) serve as the national focal point;
(b) be the repositoryof information on all ASEAN matters at the national level;
(c) coordinate the implementation of ASEAN decisions at the national level;
(d) coordinate and support the national preparations of ASEAN meetings;
(e) promote ASEAN identity and awareness at the national level; and
(f) contribute to ASEAN community building.
ARTICLE 32 => ASEAN HUMAN RIGHTS BODY
1. In conformity with the purposes and principles of the ASEAN Charter relating to the
promotion and protection of human rights and fundamental freedoms, ASEAN shall
establish an ASEAN human rights body.
2. This ASEAN human rights body shall operate in
accordance with the terms of reference to be determined by the
ASEAN Foreign Ministers Meeting.
ARTICLE 33 => ASEAN FOUNDATION
1. The ASEAN Foundation shall support the Secretary-General of
ASEAN and collaborate with the relevant ASEAN bodies to support ASEAN community
building by promoting greater awareness of the ASEAN identity, people-to-people
interaction, and close collaboration among the business sector, civil society,
academia and other stakeholders in ASEAN.
2. The ASEAN Foundation shall be accountable to the
Secretary-General of ASEAN, who shall submit its report to the
ASEAN Summit through the ASEAN Coordinating Council.
ASEAN HEAD OF DEPARTMENT:
Source: David Irvine (1983). Making haste less slowly: Asean from 1975. In Alison Broinski
(edt. Understanding Asean. London: Macmillan Press Ltd. pg 60
ENTITIES ASSOCIATED WITH ASEAN:
1. ASEAN may engage with entities which support the ASEAN Charter, in particular
its purposes and principles. These associated entities are listed in Annex
2. Rules of procedure and criteria for engagement shall be prescribed by the
Committee of Permanent Representatives upon the recommendation of the Secretary-
General of ASEAN.
3. Annex 2 may be updated by the Secretary-General of ASEAN upon the
recommendation of the Committee of Permanent Representatives without recourse to the
provision on Amendments under this Charter.
ARTICLE 34 => Parliamentarians
ASEAN Inter-Parliamentary Assembly (AIPA)
ARTICLE 35 => Business Organisations
• ASEAN Airlines Meeting
• ASEAN Alliance of Health Supplement Association(AAHSA)
• ASEAN Automotive Federation(AAF)
• ASEAN Bankers Association(ABA)
• ASEAN Business Advisory Council (ASEAN-BAC)
• ASEAN Business Forum (ABF)
• ASEAN Chamber of Commerce and Industry (ASEAN-CCI)
• ASEAN Chemical Industries Council
• ASEAN Federationof Textiles Industries (AFTEX)
• ASEAN Furniture Industries Council (AFIC)
• ASEAN Insurance Council (AIC)
• ASEAN Intellectual PropertyAssociation(ASEAN IPA)
• ASEAN International Airports Association(AAA)
• ASEAN Iron & Steel Industry Federation
• ASEAN Pharmaceutical Club
• ASEAN Tourism Association(ASEANTA)
• Federationof ASEAN Economic Associations (FAEA)
• Federationof ASEAN Shippers’ Council
• US-ASEAN Business Council
ARTICLE 36 => Think Tanks and Academic Institution
ASEAN-ISIS Network
ARTICLE 37 => ASEAN-Accredited Civil Society Organisations (CSOs)
Activities of ASEAN Accredited CSOs
AFA Dialogue with International Federationof Accountants Compliance Advisory Panel
(IFAC CAP), Bangkok, 19 January 2009
Note: The Guidelines were adopted at the 6th Meeting of the ASEAN Coordinating Council
(ACC), Ha Noi, 8 April 2010.
• ASEANAPOL
• Federationof Institutes of FoodScience and Technologyin ASEAN
(FIFSTA)
• Southeast Asian Fisheries Development Centre (SEAFDEC)
• WorkingGroup for an ASEAN Human Rights Mechanism
EXTERNAL RELATIONS:
ARTICLE 38 => CONDUCT OF EXTERNAL RELATIONS
1. ASEAN shall develop friendly relations and mutually
beneficial dialogue, cooperation and partnerships with countries
and sub-regional, regional and international organisations and
institutions.
2. The external relations of ASEAN shall adhere to the
purposes and principles set forth in this Charter.
3. ASEAN shall be the primary driving force in regional arrangements that it initiates
and maintain its centrality in regional cooperation and community building.
4. In the conduct of external relations of ASEAN, Member
States shall, on the basis of unity and solidarity, coordinate and
endeavour to develop common positions and pursue joint actions.
5. The strategic policy directions of ASEAN’s external
relations shall be set by the ASEAN Summit upon the
recommendation of the ASEAN Foreign Ministers Meeting.
6. The ASEAN Foreign Ministers Meeting shall ensure
consistency and coherence in the conduct of ASEAN’s external relations.
7. ASEAN may conclude agreements with countries or subregional,
regional and international organisations and institutions. The procedures for concluding
such agreements shall be prescribed by the ASEAN Coordinating Council in
consultation with the ASEAN Community Councils.
ARTICLE 39 => DIALOGUE COORDINATOR
1. Member States, acting as Country Coordinators, shall take turns to take overall
responsibility in coordinating and promoting the interests of ASEAN in its relations with
the relevant Dialogue Partners, regional and international organisations and institutions.
2. In relations with the external partners, the Country Coordinators shall, inter alia:
(a) represent ASEAN and enhance relations on the
basis of mutual respect and equality, in conformity with ASEAN’s principles;
(b) co-chair relevant meetings between ASEAN and external partners; and
(c) be supported by the relevant ASEAN Committees in
Third Countries and International Organisations.
ARTICLE 40 => STATUS OF EXTERNAL PARTIES
1. In conducting ASEAN’s external relations, the ASEAN
Foreign Ministers Meeting may confer on an external party the
formal status of Dialogue Partner, Sectoral Dialogue Partner,
Development Partner, Special Observer, Guest, or other status
that may be established henceforth.
2. External parties may be invited to ASEAN meetings or
cooperative activities without being conferred any formal status,
in accordance with the rules of procedure.
ASEAN–India Free Trade Area :
Asean,India,ManmohanSingh, Japan,YukioHatayama,EastAsiaSummit,India-AseanRound
Table,Thailand:http://www.thehindu.com
IN WITNESS WHEREOF, WE have signed this Framework Agreement on Comprehensive
Economic Cooperation between the Republic of India and the Association of South East Asian
Nations.
DONE at Bali, this 8th day of October, 2003 in duplicate copies in the English Language.
Description for the Following image:
India ready to sign FTA in Services, Investment with ASEAN: PM
Manmohan to hold talks with Wen November 18, 2012
The ASEAN–India Free Trade Area (AIFTA) is a free trade area among the ten
member states of the Association of Southeast Asian Nations (ASEAN) and India. The
initial framework agreement was signed on 8 October 2003 in Bali, Indonesia. and the
final agreement was on 13 August 2009. The free trade area came into effect on
1st January 2010. India hosted the latest ASEAN-India Commemorative Summit in New
Delhi on December 20–21, 2012.
ARTICLE 41 => Background
The ASEAN–India Free Trade Area emergedfrom a mutual interest of bothparties to
expand their economic tiesinthe Asia-Pacific region. India's "Look East" policywas
reciprocatedbysimilar interests of manyASEAN countries to expandtheir interactions
westward.
After India became a sectoral dialogue partner of ASEAN in 1992, India saw its trade with
ASEAN increase relative to its trade with the rest of the world. Between1993 and 2003,
ASEAN-India bilateral trade grew at an annual rate of 11.2%, from US$ 2.9 billionin 1993
to US$ 12.1 billionin2003. Muchof India's trade with ASEAN is directedtowards
Singapore, Malaysia, and Thailand, with whom India holds strongeconomic relations.
In 2008, the total volume of ASEAN-India trade was US$ 47.5 billion. ASEAN’s export to
India was US$ 30.1 billion – a growth of 21.1 per cent in comparisonwith that of 2007.
ASEAN’s imports from India were US$ 17.4 billion – a growth of 40.2 per cent in
comparisonto that of 2006. As for foreigndirect investment (FDI), the inflow from India to
ASEAN Member States was US$ 476.8 millionin2008, accountingfor 0.8 per cent of total
FDI in the region. Total Indian FDI into ASEAN from 2000 to 2008was US$ 1.3 billion.
The ASEAN-Dialogue Partners trade and investment statistic datacan be accessedthrough
http://www.asean.org/22122.htm.
Acknowledging this trendand recognisingthe economicpotential of closer linkages, both
sides recognisedthe opportunities fordeepeningtrade and investment ties, and agreedto
negotiate a frameworkagreement to pave the way for the establishment of an ASEAN–India
Free Trade Area (FTA).
ARTICLE 42 => History
At the Second ASEAN-India Summit in 2003, the ASEAN-India Framework Agreement on
Comprehensive Economic Cooperationwas signed by the Leaders of ASEAN and India. The
Framework Agreement laid a sound basis for the eventual establishment of an ASEAN-India
Regional Trade and Investment Area (RTIA), which includes FTA in goods, services, and
investment.
ASEAN and India signed the ASEAN-India Trade in Goods (TIG) Agreement in Bangkok
on 13 August 2009, after sixyears of negotiations. The ASEAN-India TIG Agreement
enteredinto force on1 January 2010. The 7thASEAN-India Summit in Cha-am Hua Hin,
Thailand on 24 October 2009 agreedto revise the bilateral trade target to 70 billionUSD to
be achieved in the next two years, notingthat the initial target of USD 50 billionset in2007
may soon be surpassed.
ASEAN-India trade grew at over 22 percent annually during the 2005-2011 period. Trade
between India and ASEAN in 2011-2012 increasedby more than 37 percent to $79 billion,
which was more than the target of $70 billionset in2009.
At the 10thASEAN-India Summit in New Delhi on December 20, 2012, Indiaand ASEAN
concludednegotiations for FTAs in services and investments. The two sides expect bilateral
trade to increase to $100billionby 2015, and $200 billionwithin a decade.
ASEAN and India are also working on enhancing private sector engagement. Details onthe
re-activationof the ASEAN-India Business Council (AIBC), the holding of the ASEAN-
India Business Summit (AIBS) and an ASEAN-India Business Fair (AIBF), are being
worked out by officials.
The FourteenthASEAN Transport Ministers (ATM) Meetingon6 November 2008 in
Makati, Metro Manila, Philippines adoptedthe ASEAN-India Aviation Cooperation
Framework, which will lay the foundation for closeraviationcooperationbetweenASEAN
and India. The ASEAN-India Air Transport Agreement (AI-ATA) is being negotiatedwith
the implementationtimeline of 2011.
ARTICLE 43 => Tariffs
The signing of the ASEAN-India Trade in Goods Agreement paves the way for the creation
of one of the world’s largest FTAs – a market of almost 1.8 billionpeople with a combined
GDP of US$ 2.8 trillion. The ASEAN-India FTA will see tariff liberalizationof over 90
percent of products tradedbetweenthe two dynamic regions, includingthe so-called“special
products,”such as palm oil (crude and refined), coffee, blackteaand pepper. Tariffs on over
4,000 product lines will be eliminatedby 2016, at the earliest.
ARTICLE 44 => Criticism
While there are many benefits to the ASEAN-India FTA, there is concernin India that the
agreement will have several negative impacts on the economy. As previously stated, the two
regions aim to reduce their tariffs onamajorityof their traded goods. This will allow them to
increase the market access of their products. It is criticized, however, that India will not
experience as great an increase inmarket access to ASEAN countries as ASEAN will in
India. The economiesof the ASEAN countries are largelyexport-driven, maintaining high
export-to-GDPratios(in2007, Malaysiahad a ratio of almost 100%). Consideringthis, as
well as the global financial crisis andIndia's expansive domestic market, the ASEAN
countries will lookeagerlytowards India as a home for its exports.
Since the early2000s, India has had an increasingtrade deficit withASEAN, with imports
exceedingexports by more than US$6 billionin 2007-2008. It is fearedthat a gradual
liberalizationof traiffs anda rise inimportedgoods into India will threatenseveral sectors of
the economy, specificallythe plantationsector, some manufacturingindustries, and the
marine products industry. As a dominant exporter of light manufacturing products, ASEAN
has competitive tariff rates that make it difficult for India to gain access to the industry
market in ASEAN countries.
Before the agreement was signed, the Chief Minister of Kerala, V.S. Achuthanadan, led a
delegationto the Indian Prime Minister protestingagainst the FTA. The state of Kerala is an
important exporter inthe national export of plantation products. It fears that cheap imports of
rubber, coffee, andfishwould lower domestic production, adverselyaffectingfarmers and
ultimatelyits economy. Kerala has already experienceda floodingof its market with
inexpensive imports under the South Asia Free Trade Agreement of 2006. Cheapcoconuts
from Sri Lanka and palm oil from Malaysiahas since hinderedKerala's coconut cultivation.
To alleviate the losses that arise from the initial stages of trade, the Government of India
must be able to effectivelyredistribute some of the wealthto those industries who suffer
from the increasedcompetitionwithASEAN markets. This way, total welfare gains in India
would increase and India would ultimatelybenefit from trade with ASEAN.
CONCLUSION:
To ensure political conditionof Southeast Asia, ASEAN has struggled to implement various
efforts eventhough the implementationwas little bit slowly. This show ASEAN spirit and
sense of belongings as what been statedby former Malaysia
Prime Minister Tun Dr. Mahathir Mohammad and it is the secret of ASEAN successful by
holding on 5 Cs which are Consolidation, Consultation, Consensus, Caringand Cornerstone.
Consultationis one way of decisionmaking among ASEAN countries’leader with frequent
contact and negotiationto gain Consensus or collective agreement inevery decisionmade.
Caring is a concernfeelingand each ASEAN countryneedto has high spirit and always
think about ASEAN interest besides their individual needs. Cornerstoneis the directionthat
is needs every ASEAN countryto establishtheir foreignpolicyas an ASEAN countrybased
on ASEAN spirit.
Consolidationor unityrequiredall ASEAN countries to unite inany actiontaken. ASEAN
was born while the world is having tensioninCold War and unsecuredsecurity. Because of
this, it has made ASEAN busy in political problems. Even though ASEAN countries possess
different strategicandsecurityperspective, ASEAN unity has manage to come with big
success increatingpeace. It can be seenwhen ZOPFAN concept was declaredduring
ASEAN Head of State Summit in Kuala Lumpur in 1971. The treatybased on sovereignty
respect principlesof other countries, non-interventiononinternal affairs, to solve regional
internal issues with peace and effective cooperation. The treatyalso had come out with code
of conduct of peaceful solutionfor everyconflict basedonASEAN principles as conflict
solving mechanism. Until now, ZOPFAN concept manage to be the only applied regional
diplomatic tool inproviding mechanism and process for peaceful solutioninany dispute.
ASEAN was not the organizationor body to establishcooperationamongSoutheast Asia
countries but has become an important societyto East Asia countries. Moreover, ASEAN
and East Asia are also defending their interest anddirectionand working together to increase
regional economic integration. Inorder to measure the effectivenessof economic
development, ASEAN needs several solidstrategiesto ensure member countriesto enhance
their economic level accordance to ASEAN directionto prosperous regional economy. By
making China and Japan that have rapid growth in economy, it is an advantage for ASEAN
to develop cooperationand maintaining peace among member countries. Withconstructive
experiences andprinciples acceptedbyregional countries, ASEAN become stronger in
establishingstabilityand prosperous accordingto their own mould.
After 40 years, many consider ASEAN to be very successful inpart because of the ongoing
stabilityin the region. Instead of worrying about militaryconflict, its member countries have
been able to focus ondevelopment of their political and economic systems.
The group has also made a strongstance against terrorism withregional partner, Australia. In
the wake of the terroristattacks inBali and Jakarta in the past eight years, ASEAN has
refocusedits efforts to prevent incidents and capture perpetrators.
In November 2007 the groupsigneda new charter that establishedASEAN as a rule-based
entitythat would promote efficiencyand concrete decisions rather thansimplya large
discussiongroupit has sometimes beenlabeled. The charter also commits members to
advocate democratic ideals and human rights.
ASEAN is oftencriticizedfor sayingon the one hand that democratic principles guide them,
while on the other allowing human rights violations to occur in Myanmar, and socialism to
rule in Vietnam and Laos. Protesters of free market who fear the loss of local jobs and
economieshave appeared all over the region, most notablyat the 12thASEAN summit in
Cebu in the Philippines.
Despite any objections, ASEAN is well on its way to full economic integrationand is making
great strides to fullyassert itself onthe worldmarket.
BIBLIOGRAPHY:
Referencebook
 Dr. G. K. KalKoti
 Dr. G. Rajalakshmy
on the Web
 ASEAN Official Site
 http://www.asean.org/22122.htm.
 http://www.asil.org/aseanevent/sim_intro_to_asean.pdf
 http://www.asean.org/archive/publications/ASEAN-Charter.pdf
 http://commerce.nic.in/agree_asean.htm
 http://www.thehindu.com
Suggested Reading
 The United Nations
 Commonwealth of Nations
 Introduction to the ASEAN Economic Community - International Law Office
THANK YOU !!!

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Project on ASEAN by Bhavna H. Raval

  • 1. K.J.SOMAIYA COLLEGE OF ARTS AND COMMERCE PROJECT ON ASEAN – AN ECONOMIC INTEGRATION SUBMITTED BY: MISS. BHAVNA HASMUKHBHAI RAVAL ROLL NO. : - 46 M COM PART – 1 (SEMESTER - 1) 2013 - 2014 INTERNAL ASSESSMENT ECONOMICS OF GLOBALE TRADE AND FINANCE PREPARED UNDER THE GUIDANCE OF DR.C.V. HARI NARAYANAN AFFILIATED TO:
  • 2. ACKNOWLEDGEMENT I would like to thank all the people who helped me in undertaking the study and completing the project, by imparting me with valuable information and guidance that was required at every stage of my project work. I would like to thank our Principal Dr. Sudha Vyas and course co-ordinate Miss. Sonali Deogirikar, for giving me an opportunity and encouragement to prepare the project. Last but not the least, I would like to thank my project guide Dr. C. V. HARI NARAYANAN for guiding and helping me throughout the preparation of my project, right from selection of the topic till its completion. Bhavna H. Raval Roll No:-46
  • 3. DECLARATION BY THE STUDENT I, BHAVNA HASMUKHBHAI RAVAL, Roll Number:-46 student of M.Com Accountancy Part- 1 hereby declare that the project for the paper Economics of Global Trade & Finance titled, “ASEAN – AN ECONOMIC INTEGRATION” Submitted by me for Semester - 1 during the academic year 2013 – 2014, Is based on actual work carried out by me under the guidance and supervision of Dr. C.V. HARI NARAYANAN. I further state that this work is original and not submitted anywhere else for any examination. Signature of Student (Bhavna H. Raval) Roll No:-46
  • 4. K. J. SOMAIYA COLLEGE OF ARTS & COMMERCE VIDYAVIHAR (EAST) CERTIFICATE (2013 – 2014) This is to certify that the undersigned have assessed and evaluated the project on “ASEAN – An Economic Integration” submitted by BHAVNA H. RAVAL, Roll No:-46 student of M.Com in Accountancy Part-1 for the academic year 2013-2014. This project is original to the best of our knowledge and has been accepted for Internal Assessment. Date:- 26th SEPTEMBER, 2013 Place:- MUMBAI InternalExaminer External Examiner Principal (Dr. C.V. HARI NARAYANAN) (Dr. SUDHA VYAS)
  • 5. INDEX Topics page number 1. Introduction 02 2. HISTORY 03 3. ABOUT ASEAN  Legal Personality 05  ASEAN Name 05  ASEAN Identity 06  ASEAN Motto 06  ASEAN Member States 06  Admission of New Members 12  ASEAN Flag 12  ASEAN Emblem 13  ASEAN Day 14  ASEAN Anthem 14 4. PURPOSE 15 5. PRINCIPLES 17 6. charter 19  Interpretation of Charter 20  Original Text 20  Registration Of The ASEAN Charter 20 7. Structure 21 8. Settlement of dispute  General Principles 23  Good Offices, Conciliation 23  Dispute Settlement Mechanism in Specific Instruments 23  Establishment of Dispute Settlement Mechanisms 24
  • 6.  Unsolved Disputes 24  Compliance 24 9. DECISION MAKING  Consultation & Consensus 24  Implementation 25 10. BUDGET & FINANCE  General Principles 25  Operational Budget & Finances of the ASEAN Secretariat 25 11. ADMISSION & PROCEDURE  Chairman of ASEAN 26  Role of the Chairman of ASEAN 26  Working Language 27 12. ORGANS  ASEAN Summit 29  ASEAN Coordinating Council 29  ASEAN Community Councils 30  ASEAN Sectoral Ministerial Bodies 31  Secretary-General of ASEAN & ASEAN Secretariat 31  Committee of Permanent representatives to ASEAN 33  ASEAN National Secretatriats 34  ASEAN Human Rights Body 34  ASEAN Foundation 13. ASEANHEADS OF DEPARTMENT 35 14. ENTITIES ASSOCIATEDWITH ASEAN  Parliamentarians 36  Business Organisation 36  Think Thank & Academic Institution 37  AEAN – Accredited Civil Society Organisations (CSOs) 37 15. EXTERNAL RELATION
  • 7.  Conduct of External Relation 38  Dialogue Co-ordinator 39  Status of External Parties 39 16. ASEAN– India Free Trade Area 40  Background 41  History 42  Tariffs 43  Criticism 43 17. CONCLUSION 44 18. BIBLIOGRAPHY 46 ASEAN – AN ECONOMIC INTEGRATION
  • 9. The Association of Southeast Asian Nations (ASEAN) was founded on August 8 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand. They were subsequently joined by Brunei, Cambodia, Laos, Myanmar and Vietnam. ASEAN activities are coordinated by the ASEAN Secretariat, which is based in Jakarta, Indonesia. ASEAN has emphasized regional cooperation on the three pillars of security and socio- cultural and economic integration. It has made most progress in economic integration and aims to create an ASEAN Economic Community (AEC) by 2015. The AEC would have a combined population of over 566 million people and a gross domestic product of over $1.173 trillion. The foundation of the AEC is the ASEAN Free Trade Area (AFTA), a common external preferential tariff scheme to promote the free flow of goods within ASEAN. Other elements of economic integration, such as the free flow of investment and services and the elimination of non-tariff barriers, have been added by the ASEAN leaders. Through agreements such as the ASEAN Charter, signed in November 2007, ASEAN's leaders are attempting to build a single market, but without either a strong central executive (comparable to the European Commission in the European Union) or a well- developed body of laws and dispute settlement mechanisms (like those of the North American Free Trade Association (NAFTA)). ASEAN members' historical reluctance to encourage either of these elements stems from a fear of impinging on ASEAN’s long- held principles of non-interference and consensus. However, failure to integrate ASEAN's diverse markets will mean a loss of investment and economic opportunities to regional competitors, such as China and India. This tension between the need to integrate and the reluctance to yield national sovereignty is the main factor affecting the development of the AEC. HISTORY:
  • 10. Much of Southeast Asia was colonized by Western powers prior to World War II. During the war Japan took control of the region, but was forced out following the war as Southeast Asia countries pushed for independence. Though they were independent, the countries found that stability was hard to come by, and they soon looked to each other for answers. ASEAN was preceded by an organisation called the Associationof Southeast Asia, commonly called ASA, an alliance consisting of the Philippines, Malaysia and Thailand that was formed in 1961. The bloc itself, however, was established on 8 August 1967, when foreign ministers of five countries – Indonesia, Malaysia, the Philippines, Singapore, and Thailand – met at the Thai Department of Foreign Affairs building in Bangkok and signed the ASEAN Declaration, more commonly known as the Bangkok Declaration. The five foreign ministers – Adam Malik of Indonesia, Narciso Ramos of the Philippines, Abdul Razak of Malaysia, S. Rajaratnam of Singapore, and Thanat Khoman of Thailand – are considered the organisation's Founding Fathers. It was a short, simply-worded document containing just five articles. It declared the establishment of an Association for Regional Cooperation among the Countries of Southeast Asia to be known as the Association of Southeast Asian Nations (ASEAN) and spelled out the aims and purposes of that Association. These aims and purposes were about cooperation in the economic, social, cultural, technical, educational and other fields, and in the promotion of regional peace and stability through abiding respect for justice and the rule of law and adherence to the principles of the United Nations Charter. It stipulated that the Association would be open for participation by all States in the Southeast Asian region subscribing to its aims, principles and purposes. It proclaimed ASEAN as representing “the collective will of the nations of Southeast Asia to bind themselves together in friendship and cooperation and, through joint efforts and sacrifices, secure for their peoples and for posterity the blessings of peace, freedom and prosperity.” The motivations for the birth of ASEAN were so that its members’ governing elite could concentrate on nation building, the common fear of communism, reduced faith in or mistrust of external powers in the 1960s, and a desire for economic development. The bloc grew when Brunei Darussalam became the sixth member on 8 January 1984, barely a week after gaining independence on 1 January.
  • 11. On 28 July 1995, Vietnam became the seventh member. Laos and Myanmar (Burma) joined two years later on 23 July 1997. Cambodia was to have joined together with Laos and Burma, but was deferred due to the country's internal political struggle. The country later joined on 30 April 1999, following the stabilisation of its government. During the 1990s, the bloc experienced an increase in both membership and drive for further integration. In 1990, Malaysia proposed the creation of an East Asia Economic Caucus comprising the then members of ASEAN as well as the People's Republic of China, Japan, and South Korea, with the intention of counterbalancing the growing influence of the United States in the Asia-Pacific Economic Cooperation (APEC) and in the Asian region as a whole. This proposal failed, however, because of heavy opposition from the United States and Japan. Despite this failure, member states continued to work for further integration and ASEAN Plus Three was created in 1997. In 1992, the Common Effective Preferential Tariff (CEPT) scheme was signed as a schedule for phasing tariffs and as a goal to increase the region’s competitive advantage as a production base geared for the world market. This law would act as the framework for the ASEAN Free Trade Area. After the East Asian Financial Crisis of 1997, a revival of the Malaysian proposal was established in Chiang Mai, known as the Chiang Mai Initiative, which calls for better integration between the economies of ASEAN as well as the ASEAN Plus Three countries (China, Japan, and South Korea). Aside from improving each member state's economies, the bloc also focused on peace and stability in the region. On 15 December 1995, the Southeast Asian Nuclear-Weapon- Free Zone Treaty was signed with the intention of turning Southeast Asia into a Nuclear- Weapon-Free Zone. The treaty took effect on 28 March 1997 after all but one of the member states have ratified it. It became fully effective on 21 June 2001, after the Philippines ratified it, effectively banning all nuclear weapons in the region.
  • 12. ABOUT ASEAN: ARTICLE 1 => LEGAL PERSONALITY OF ASEAN ASEAN, as an inter-governmental organization, is hereby conferred legal personality. ARTICLE 2 => ASEAN Name A. Guidelines on the Use of the Name “ASEAN” 1. The Name “ASEAN” refers to the “Association of Southeast Asian Nations”. 2. The Name “ASEAN” is the reserved copyright of ASEAN. 3. The Name “ASEAN” shall be used in a manner that promotes ASEAN and its purposes and principles. It shall not be used for political propaganda or for activities that harm the dignity of ASEAN. B. Enquiries and Requests for the Use of the Name “ASEAN” 4. Enquiries and requests for the use of the name “ASEAN” shall be submitted in writing, and accompanied with the following information: • organisational profile; and • purpose for the proposed use of the name “ASEAN”. 5. Such request should satisfy the following conditions: • The entity should be indigenous to ASEAN; • The usage of the name “ASEAN” should not have any negative effect on the aims and objectives of ASEAN; • The name “ASEAN” should not be brought into disrepute by its usage; and • The use of the name “ASEAN” shall be in support of ASEAN purposes and principles. 6. The ASEAN Secretariat shall consider the requests accordingly. The approval granted shall be exclusive to the proposed activity. Such approval shall not be extended to third parties. 7. Enquiries and requests for the use of the name “ASEAN” should be submitted to the following address: Public Outreach and Civil SocietyDivision The ASEAN Secretariat 70 A, Jl. Sisingamangaraja, Jakarta 12110
  • 13. Indonesia E-mail: public@asean.org ARTICLE 3 => ASEAN IDENTITY ASEAN shall promote its common ASEAN identity and a sense of belonging among its peoples in order to achieve its shared destiny, goals and values. ARTICLE 4 => ASEAN MOTTO The motto ASEAN is: "OneVision, OneIdentity, One Community" ARTICLE 5 => ASEAN MEMBER STATES The Member States of ASEAN are Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam.
  • 14. Brunei Darussalam For Brunei Darussalam: HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam Head of State : His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah Capital : Bandar Seri Begawan Language(s) : Malay, English Currency : B$ (Brunei Dollar) Ministry of Foreign Affairs & Trade of Brunei Darussalam Website: www.mfa.gov.bn Cambodia For the Kingdom of Cambodia: SAMDECH HUN SEN Prime Minister Head of State : His Majesty King Norodom Sihamoni Head of Government : Prime Minister Hun Sen Capital : Phnom Penh Language : Khmer Currency : Riel Ministry of Foreign Affairs & International Cooperation of Cambodia Website: www.mfaic.gov.kh
  • 15. Indonesia For the Republic of Indonesia: DR. SUSILO BAMBANG YUDHOYONO President Head of State : President Susilo Bambang Yudhoyono Capital : Jakarta Language : Indonesian Currency : Rupiah Department of Foreign Affairs of Indonesia Website: www.deplu.go.id Lao PDR For the Lao People’s Democratic Republic: BOUASONE BOUPHAVANH Prime Minister Head of State : President Choummaly Sayasone Head of Government : Prime Minister Thongsing Thammavong Capital : Vientiane Language : Lao Currency : Kip Ministry of Foreign Affairs of Lao PDR Website: www.mofa.gov.la
  • 16. Malaysia For Malaysia: DATO’ SERI ABDULLAH AHMAD BADAWI Prime Minister Head of Government : The Honourable Dato’ Sri Mohd Najib bin Tun Abdul Razak Capital : Kuala Lumpur Language(s) : Malay, English, Chinese, Tamil Currency : Ringgit Ministry of Foreign Affairs of Malaysia Website: www.kln.gov.my ASEAN-Malaysia National Secretariat Website: www.kln.gov.my/myasean Myanmar(Burma) For the Union of Myanmar: GENERAL THEIN SEIN Prime Minister Head of State : Senior General Than Shwe Head of Government : Prime Minister General Thein Sein Capital : Nay Pyi Taw Language : Myanmar Currency : Kyat Ministry of Foreign Affairs of Myanmar Website: www.mofa.gov.mm
  • 17. Philippines For the Republic of the Philippines: GLORIA MACAPAGAL-ARROYO President Head of State : President Benigno S. Aquino III Capital : Manila Language(s) : Filipino, English, Spanish Currency : Peso Department of Foreign Affairs of the Philippines Website: www.dfa.gov.ph Singapore For the Republic of Singapore: LEE HSIEN LOONG Prime Minister Head of State : President S R Nathan Head of Government : Prime Minister Lee Hsien Loong Capital : Singapore Language(s) : English, Malay, Mandarin, Tamil Currency : S$ (Singapore Dollar) Ministry of Foreign Affairs of Singapore Website: www.mfa.gov.sg
  • 18. Thailand For the Kingdom of Thailand: GENERAL SURAYUD CHULANONT (RET.) Prime Minister Head of State : His Majesty King Bhumibol Adulyadej Head of Government : Prime Minister Abhisit Vejjajiva Capital : Bangkok Language : Thai Currency : Baht Ministry of Foreign Affairs of Thailand Website: www.mfa.go.th Viet Nam For the Socialist Republic of Viet Nam: NGUYEN TAN DUNG Prime Minister Head of State : President Nguyen Minh Triet Head of Government : Prime Minister Nguyen Tan Dung Capital : Ha Noi Language : Vietnamese Currency : Dong Ministry of Foreign Affairs of Viet Nam Website: www.mofa.gov.vn
  • 19. ARTICLE 6 => ADMISSION OF NEW MEMBERS 1. The procedure for application and admission to ASEAN shall be prescribed by the ASEAN Coordinating Council. 2. Admission shall be based on the following criteria: (a) location in the recognised geographical region of Southeast Asia; (b) recognition by all ASEAN Member States; (c) agreement to be bound and to abide by the Charter; and (d) ability and willingness to carry out the obligations of Membership. 3. Admission shall be decided by consensus by the ASEAN Summit, upon the recommendation of the ASEAN Coordinating Council. 4. An applicant State shall be admitted to ASEAN upon signing an Instrument of Accession to the Charter. ARTICLE 7 => ASEAN FLAG The ASEAN flag shall be as shown in Annex 3. Guidelines on the use of The ASEAN FLAG 1. The ASEAN Flag is a symbol of Member States’ unity & support for the principles & endeavours of ASEAN & a means to promote greater ASEAN awareness & solidarity. 2. The ASEAN Flag represents a stable, peaceful, united and dynamic ASEAN. The colours of the Flag – blue, red, white and yellow – represent the main colours of the flags of all the ASEAN Member States. 3. The blue represents peace and stability. Red depicts courage and dynamism, white shows purity and yellow symbolises prosperity. 4. The stalks of padi in the centre of the Emblem represent the dream of ASEAN’s Founding Fathers for an ASEAN comprising all the countries in Southeast Asia, bound together in friendship and solidarity.
  • 20. 5. The circle represents the unity of ASEAN. 6. The ASEAN Flag is the reserved copyright of ASEAN. 7. The specifications of the ASEAN Flag are annexed. A. Dignity of the ASEAN Flag 8. The ASEAN Flag shall be treated with respect and shall not be subjected to any indignity. ARTICLE 8 => ASEAN EMBLEM The ASEAN emblem shall be as shown in Annex 4. Guidelines on the Use of the ASEAN Emblem 1. The ASEAN Emblem shall be the official emblem of ASEAN. 2. The ASEAN Emblem represents a stable, peaceful, united and dynamic ASEAN. The colours of the Emblem — blue, red, white and yellow — represent the main colours of the state crests of all the ASEAN Member States. 3. The blue represents peace and stability. Red depicts courage and dynamism, white shows purity and yellow symbolises prosperity. 4. The stalks of padi in the centre of the Emblem represent the dream of ASEAN’s Founding Fathers for an ASEAN comprising all the countries in Southeast Asia, bound together in friendship and solidarity.
  • 21. 5. The circle represents the unity of ASEAN. 6. The ASEAN Emblem is the reserved copyright of ASEAN. Note: The Guidelines were adopted at the 6th Meeting of the ASEAN Coordinating Council (ACC), Ha Noi, 8 April 2010. ARTICLE 9 => ASEAN DAY The 8th of August shall be observed as ASEAN Day. ARTICLE 10 => ASEAN ANTHEM Guidelines onthe Use of the ASEAN Anthem 1. The ASEAN Anthem is an expression of ASEAN unity. It also strengthens the sense of ASEAN identity and belonging among the peoples of the region. 2. The ASEAN Anthem is titled “THE ASEAN WAY”, with musical composition and lyrics as attached. A. Dignityof the ASEAN Anthem 4. The ASEAN Anthem shall be used in a proper and dignified manner. When the Anthem is played, the audience shall rise. 5. The Anthem shall not be used in whole or in parts for commercial purposes or political propaganda.
  • 22. Audio, "The ASEAN Way" The Asean Way / Original Version By : Mr.Kittikhun Sodprasert, Mr Sampow Triudom, Mrs.Payom Valaipatchra Lyrics, "The ASEAN Way" Raise our flag high, sky high Embrace the pride in our heart ASEAN we are bonded as one Look-in out to the world. For peace, our goal from the very start And prosperity to last. Note: The Guidelines were adopted at the 6th Meeting of the ASEAN Coordinating Council (ACC), Ha Noi, 8 April 2010. PURPOSES: The Purposes of ASEAN are: 1. To maintain and enhance peace, security, stability, ASEAN study and further strengthen peace-oriented values in the region; 2. To enhance regional resilience by promoting greater political, security, economic and socio-cultural cooperation; 3. To preserve Southeast Asia as a Nuclear Weapon-Free Zone and free of all other weapons of mass destruction; 4. To ensure that the peoples and Member States of ASEAN live in peace with the world at large in a just, democratic and harmonious environment; 5. To create a single market and production base which is stable, prosperous, highly competitive and economically integrated with effective facilitation for trade &
  • 23. investment in which there is free flow of goods, services and investment; facilitated movement of business persons, professionals, talents and labour; & freer flow of capital; 6. To alleviate poverty and narrow the development gap within ASEAN through mutual assistance and cooperation; 7. To strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms, with due regard to the rights and responsibilities of the Member States of ASEAN; 8. To respond effectively, in accordance with the principle of comprehensive security, to all forms of threats, transnational crimes and transboundary challenges; 9. To promote sustainable development so as to ensure the protection of the region’s environment, the sustainability of its natural resources, the preservation of its cultural heritage and the high quality of life of its peoples; 10. To develop human resources through closer cooperation in education and life-long learning, and in science and technology, for the empowerment of the peoples of ASEAN and for the strengthening of the ASEAN Community; 11. To enhance well-being & livelihood of the peoples of ASEAN by providing them with equitable access to opportunities for human development,social welfare & justice; 12. To strengthen cooperation in building a safe, secure and drug-free environment for the peoples of ASEAN; 13. To promote a people-oriented ASEAN in which all sectors of societyare encouraged to participate in, and benefit from, the process of ASEAN integration and community building; 14. To promote an ASEAN identity through the fostering of greater awareness of the diverse culture and heritage of the region; and 15. To maintain the centrality and proactive role of ASEAN as the primary driving force in its relations and cooperation with its external partners in a regional architecture that is open, transparent and inclusive.
  • 24. PRINCIPLES: 1. In pursuit of the Purposes stated in Article 1, ASEAN and its Member States reaffirm and adhere to the fundamental principles contained in the declarations, agreements, conventions, concords, treaties and other instruments of ASEAN. 2. ASEAN and its Member States shall act in accordance with the following Principles: (a) mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Member States; (b) shared commitment and collective responsibility in enhancing regional peace, security and prosperity; (c) renunciation of aggression and of the threat or use of force or other actions in any manner inconsistent with international law; (d) reliance on peaceful settlement of disputes; (e) non-interference in the internal affairs of ASEAN Member States; (f) respect for the right of every Member State to lead its national existence free from external interference, subversion & coercion; (g) enhanced consultations on matters seriously affecting the common interest of ASEAN; (h) adherence to the rule of law, good governance, the principles of democracy and constitutional government; (i) respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice; (j) upholding the United Nations Charter and international law, including international humanitarian law, subscribed to by ASEAN Member States;
  • 25. (k) abstention from participation in any policy or activity, including the use of its territory, pursued by any ASEAN Member State or non-ASEAN State or any non-State actor, which threatens the sovereignty, territorial integrity or political and economic stability of ASEAN Member States; (l) respect for the different cultures, languages and religions of the peoples of ASEAN, while emphasizing their common values in the spirit of unity in diversity; (m) the centrality of ASEAN in external political, economic, social and cultural relations while remaining actively engaged, outward-looking, inclusive and non-discriminatory; and (n) adherence to multilateral trade rules and ASEAN’s rules-based regimes for effective implementation of economic commitments and progressive reduction towards elimination of all barriers to regional economic integration, in a market-driven economy. (o) effective cooperation among themselves. 3. In 2003 the group agreed on the pursuit of three pillars, or, "communities": Security Community: No armed conflict has taken place among ASEAN’s members since its inception four decades ago. Each member has agreed to resolve all conflicts by use of peaceful diplomacy and without use of force. Economic Community: Perhaps the most vital part of ASEAN's quest is to create a free, integrated market in its region, much like that of the European Union. The ASEAN Free Trade Area (AFTA) embodies this goal, eliminating virtually all tariffs (taxes on imports or exports) in the region to increase competitiveness and efficiency. The organization is now looking towards China and India to open up their markets in order to create the largest free market area in the world. Socio-cultural Community: To combat the pitfalls of capitalism and free trade, namely, disparity in wealth and job loss, the socio-cultural community focuses on disadvantaged groups such as rural workers, women, and children. Various programs are used to this
  • 26. end, including those for HIV/AIDS, higher education, and sustainable development, among others. The ASEAN scholarship is offered by Singapore to the other nine members, and the University Network is a group of 21 higher education institutes that aid each other in the region. CHARTER: The Secretariatof ASEAN at Jalan SisingamangarajaNo.70A,South Jakarta,Indonesia. The ASEAN Charter serves as a firm foundation in achieving the ASEAN Community by providing legal status and institutional framework for ASEAN. It also codifies ASEAN norms, rules and values; sets clear targets for ASEAN; and presents accountability and compliance. The ASEAN Charter entered into force on 15 December 2008. A gathering of the ASEAN Foreign Ministers was held at the ASEAN Secretariat in Jakarta to mark this very historic occasionfor ASEAN. With the entry into force of the ASEAN Charter, ASEAN will henceforth operate under a new legal framework and establish a number of new organs to boost its community-building process. In effect, the ASEAN Charter has become a legally binding agreement among the 10 ASEAN Member States. It will also be registered with the Secretariat of the United Nations, pursuant to Article 102, Paragraph1 of the Charter of the United Nations.
  • 27. The importance of the ASEAN Charter can be seenin the followingcontexts:  New political commitment at the toplevel  New and enhanced commitments  New legal framework, legal personality  New ASEAN bodies  Two new openly-recruitedDSGs  More ASEAN meetings  More roles of ASEAN ForeignMinisters  New and enhanced role of the Secretary-General of ASEAN  Other new initiatives and changes ARTICLE 11 => INTERPRETATION OF THE CHARTER 1. Upon the request of any Member State, the interpretation of the Charter shall be undertaken by the ASEAN Secretariat in accordance with the rules of procedure determined by the ASEAN Coordinating Council. 2. Any dispute arising from the interpretation of the Charter shall be settledin accordance with the relevant provisions in Chapter VIII. 3. Headings and titles used throughout the Charter shall only be for the purpose of reference. ARTICLE 12 => ORIGINAL TEXT The signed original text of this Charter in English shall be deposited with the Secretary-General of ASEAN, who shall provide a certifiedcopy to each Member State. ARTICLE 13 => REGISTRATION OF THE ASEAN CHARTER This Charter shall be registered by the Secretary-General of ASEAN with the Secretariat of the United Nations, pursuant to Article 102, paragraph 1 of the Charter of the United Nations.
  • 28. STRUCTURE: The Chair of ASEAN is rotated among the ASEAN countries on an annual basis, and acts as host of the Summit and key ministerial meetings. The Chair of ASEAN for 2013 is Brunei, to be followed by Myanmar in 2014. The ASEAN Secretariat, based in Jakarta, Indonesia, coordinates, initiates and implements ASEAN activities. The Secretariat is headed by the Secretary-General of ASEAN, who is appointed for a five-year term and accorded ministerial status. Le Luong Minh, former Vice Minister of Foreign Affairs of Vietnam, assumed the post of Secretary-General of ASEAN in January 2013. Established by the ASEAN Charter, the Jakarta-based ASEAN Committee for Permanent Representatives (CPR) is tasked to engage Dialogue Partners. There are a number of decision-making bodies that comprise ASEAN, spanning from international to the very local. The most important are listed below: Meeting of the ASEAN Heads of State and Government: The highest body made up of the heads of each respective government; meets annually. Ministerial Meetings: Coordinates activities in many areas including agriculture and forestry, trade, energy, transportation, science and technology, among others; meets annually. Committees for External Relations: Made up of diplomats in many of the world's major capitals. Secretary-General: The appointed leader of the organization empowered to implement policies and activities; appointed to five year term. Currently Surin Pitsuwan of Thailand. Not mentioned above are over 25 other committees and 120 technical and advisory groups.
  • 29. Source: David Irvine, Making haste less slowly: Asean from 1975, in Alison Broinski (editor), Understanding Asean, Macmillan Press Ltd, London, 1983 p.53
  • 30. SETTLEMENT OF DISPUTES: ARTICLE 12 => GENERAL PRINCIPLES 1. Member States shall endeavour to resolve peacefullyall disputes in a timely manner through dialogue, consultationand negotiation. 2. ASEAN shall maintain and establishdispute settlement mechanisms in all fields of ASEAN cooperation. ARTICLE 13 => GOOD OFFICES, CONCILIATION AND MEDIATION 1. Member States which are parties to a dispute may at any time agree to resort to goodoffices, conciliationor mediationinorder to resolve the dispute within an agreedtime limit. 2. Parties to the dispute may request the Chairman of ASEAN or the Secretary-General of ASEAN, acting in an exofficio capacity, to provide good offices, conciliationor mediation. ARTICLE 14 => DISPUTE SETTLEMENT MECHANISMS IN SPECIFIC INSTRUMENTS 1. Disputes relatingto specificASEAN instruments shall be settledthrough the mechanisms and procedures providedfor insuch instruments. 2. Disputes which do not concernthe interpretationor applicationof any ASEAN instrument shall be resolved peacefullyin accordance with the Treaty of Amity and CooperationinSoutheast Asia and its rules of procedure. 3. Where not otherwise specificallyprovided, disputes which concernthe interpretationor applicationof ASEAN economic agreements shall be settledinaccordance with the ASEAN Protocol onEnhanced Dispute Settlement Mechanism.
  • 31. ARTICLE 15 => ESTABLISHMENT OF DISPUTE SETTLEMENT MECHANISMS Where not otherwise specifically provided, appropriate dispute settlement mechanisms, including arbitration, shall be established for disputes which concern the interpretation or application of this Charter and other ASEAN instruments. ARTICLE 16 => UNRESOLVED DISPUTES When a dispute remains unresolved, after the application of the preceding provisions of this Chapter, this dispute shall be referredto the ASEAN Summit, for its decision. ARTICLE 17 => COMPLIANCE 1. The Secretary-General of ASEAN, assisted by the ASEAN Secretariat or any other designated ASEAN body, shall monitor the compliance with the findings, recommendations or decisions resulting from an ASEAN dispute settlement mechanism, and submit a report to the ASEAN Summit. 2. Any Member State affected by non-compliance with the findings, recommendations or decisions resulting from an ASEAN dispute settlement mechanism, may refer the matter to the ASEAN Summit for a decision. DECISION-MAKING: ARTICLE 18 => DECISION-MAKING CONSULTATION AND CONSENSUS 1. As a basic principle, decision-makinginASEAN shall be based on consultationand consensus. 2. Where consensus cannot be achieved, the ASEAN Summit may decide how a specific decisioncanbe made.
  • 32. 3. Nothing in paragraphs 1 and 2 of this Article shall affect the modes of decision-making as containedin the relevant ASEAN legal instruments. 4. In the case of a serious breachof the Charter or noncompliance, the matter shall be referredto the ASEAN Summit for decision. ARTICLE 19 => IMPLEMENTATION AND PROCEDURE 1. Each ASEAN Community Council shall prescribe its own rules of procedure. 2. In the implementationof economiccommitments, a formulafor flexible participation, includingthe ASEAN Minus X formula, may be applied where there is a consensus to do so. BUDGET AND FINANCE: ARTICLE 20 => GENERAL PRINCIPLES 1. ASEAN shall establishfinancial rules and procedures in accordance with international standards. 2. ASEAN shall observe sound financial management policies andpractices and budgetary discipline. 3. Financial accounts shall be subject to internal and external audits. ARTICLE 21 => OPERATIONAL BUDGET AND FINANCES OF THE ASEAN SECRETARIAT 1. The ASEAN Secretariat shall be provided with the necessaryfinancial resources to perform its functions effectively. 2. The operational budget of the ASEAN Secretariat shall be met by ASEAN Member States throughequal annual contributions whichshall be remitted ina timelymanner.
  • 33. 3. The Secretary-General shall prepare the annual operational budget of the ASEAN Secretariat for approval by the ASEAN CoordinatingCouncil upon the recommendationof the Committee of Permanent Representatives. 4. The ASEAN Secretariat shall operate inaccordance with the financial rules and procedures determinedbythe ASEAN CoordinatingCouncil upon the recommendationof the Committee of Permanent Representatives. ADMINISTRATION AND PROCEDURE: ARTICLE 22 => CHAIRMAN OF ASEAN 1. The Chairmanship of ASEAN shall rotate annually, based on the alphabetical order of the English names of Member States. 2. ASEAN shall have, in a calendar year, a single Chairmanship by which the Member State assuming the Chairmanship shall chair: (a) the ASEAN Summit and relatedsummits; (b) the ASEAN CoordinatingCouncil; (c) the three ASEAN Community Councils; (d) where appropriate, the relevant ASEAN Sectoral Ministerial Bodies andsenior officials;and (e) the Committee of Permanent Representatives. ARTICLE 23 => ROLE OF THE CHAIRMAN OF ASEAN The Member State holding the Chairmanship of ASEAN shall: (a) actively promote and enhance the interests andwellbeing of ASEAN, including efforts to buildan ASEAN Community through policyinitiatives, coordination, consensus and cooperation;
  • 34. (b) ensure the centralityof ASEAN; (c) ensure an effective and timelyresponse to urgent issues or crisis situations affecting ASEAN, including providing its good offices andsuch other arrangements to immediately address these concerns; (d) represent ASEAN in strengtheningand promoting closer relations withexternal partners;and (e) carryout suchother tasks and functions as may be mandated. ARTICLE 24 => WORKING LANGUAGE OF ASEAN The working language of ASEAN shall be English. ORGANS: ARTICLE 25 => ASEAN SUMMIT 1. The ASEAN Summit shall comprise the Heads of State or Government of the Member States. 2. The ASEAN Summit shall: (a) be the supreme policy-makingbody of ASEAN; (b) deliberate, provide policyguidance and take decisions onkeyissues pertaining to the realizationof the objectives of ASEAN, important matters of interest to Member States andall issues referredto it by the ASEAN CoordinatingCouncil, the ASEAN Community Councils and ASEAN Sectoral Ministerial Bodies; (c) instruct the relevant Ministers ineachof the Councils concernedto holdad hoc inter-Ministerial meetings, and address important issues concerning ASEAN that cut across the CommunityCouncils. Rules of procedure for suchmeetings shall be adopted by the ASEAN CoordinatingCouncil; (d) address emergencysituations affectingASEAN by taking appropriate actions; (e) decide onmatters referredto it under Chapters VII and VIII; (f) Authorise the establishment and the dissolutionof Sectoral Ministerial Bodies andother ASEAN institutions;and
  • 35. (g) appoint the Secretary-General of ASEAN, with the rank and status of Minister, who will serve with the confidence and at the pleasure of the Heads of State or Government upon the recommendationof the ASEAN ForeignMinisters Meeting. 3. ASEAN Summit Meetings shall be: (a) held twice annually, and be hostedby the Member State holding the ASEAN Chairmanship; and (b) convened, whenever necessary, as special or ad hoc meetings to be chairedby the Member State holding the ASEAN Chairmanship, at venues to be agreed upon by ASEAN Member States. List of ASEAN Summits ASEAN Summits Venue Date First ASEAN Summit Bali, Indonesia 23-24 February 1976 Second ASEAN Summit Kuala Lumpur, Malaysia 4-5 August 1977 Third ASEAN Summit Manila, the Philippines 14-15 December 1987 Fourth ASEAN Summit Singapore 27-29 January 1992 Fifth ASEAN Summit Bangkok, Thailand 14-15 December 1995 First Informal ASEAN Summit Jakarta, Indonesia 30 November 1996 Second Informal ASEAN Summit Kuala Lumpur, Malaysia 14-16 December 1997 Sixth ASEAN Summit Ha Noi, Vietnam 15-16 December 1998 Third Informal ASEAN Summit Manila, the Philippines 27-28 November 1999 Fourth Informal ASEAN Summit Singapore 22-25 November 2000 Seventh ASEAN Summit and Related Summits Bandar Seri Begawan, Brunei Darussalam 5-6 November 2001 Eight ASEAN Summit and Related Summits Phnom Penh, Cambodia 4-5 November 2002 Ninth ASEAN Summit and Related Bali, Indonesia 7-8 November 2003
  • 36. Summits Tenth ASEAN Summit and Related Summits Vientiane, Lao PDR 29-30 November 2004 Eleventh ASEAN Summit and Related Summits Kuala Lumpur, Malaysia 12-14 December 2005 Twelfth ASEAN Summit and Related Summits Cebu, the Philippines 9-15 January 2007 Thirteenth ASEAN Summit and Related Summits Singapore 18-22 November 2007 Fourteenth ASEAN Summit and Related Summits Cha-am Hua Hin, Thailand 26 February – 1 March 2009 Fifteenth ASEAN Summit and Related Summits Cha-am Hua Hin, Thailand 23-25 October 2009 Sixteenth ASEAN Summit Ha Noi 28-30 October 2010 Seventeenth ASEAN Summit Ha Noi 28-30 October 2010 Eighteenth ASEAN Summit Jakarta 7-8 May 2011 Nineteenth ASEAN Summit Bali, Indonesia 14-19 November 2011 Twentieth ASEAN Summit Phnom Penh 03-04 April 2012 Twentyfirst ASEAN Summit Phnom Penh 18 November 2012 ARTICLE 26 => ASEAN COORDINATING COUNCIL 1. The ASEAN Coordinating Council shall comprise the ASEAN ForeignMinisters andmeet at least twice a year. 2. The ASEAN Coordinating Council shall: (a) prepare the meetings of the ASEAN Summit; (b) coordinate the implementationof agreements & decisions of ASEAN Summit; (c) coordinate withthe ASEAN Community Councils to enhance policycoherence, efficiencyandcooperationamongthem;
  • 37. (d) coordinate the reportsof ASEAN Community Councils to ASEAN Summit; (e) consider the annual report of the Secretary-General onthe work of ASEAN; (f) consider the report of the Secretary-General onthe functions and operations of the ASEAN Secretariat and other relevant bodies; (g) approve the appointment and terminationof the Deputy Secretaries-General upon the recommendationof the Secretary-General;and (h) undertake other tasks provided for in this Charter or such other functions as may be assignedby the ASEAN Summit. 3. The ASEAN CoordinatingCouncil shall be supportedby the relevant senior officials. ARTICLE 27 => ASEAN COMMUNITY COUNCILS 1. The ASEAN Community Councils shall comprise the ASEAN Political-Security Community Council, ASEAN Economic Community Council, and ASEAN Socio- Cultural Community Council. 2. Each ASEAN Community Council shall have under its purview the relevant ASEAN Sectoral Ministerial Bodies. 3. Each Member State shall designate its national representation for each ASEAN Community Council meeting. 4. In order to realise the objectives of each of the three pillars of the ASEAN Community, each ASEAN Community Council shall: (a) ensure the implementation of the relevant decisions of the ASEAN Summit; (b) coordinate the work of the different sectors under its purview, and on issues which cut across the other Community Councils; and (c) submit reports and recommendations to the ASEAN Summit on matters under its purview.
  • 38. 5. Each ASEAN Community Council shall meet at least twice a year and shall be chaired by the appropriate Minister from the Member State holding the ASEAN Chairmanship. 6. Each ASEAN Community Council shall be supported by the relevant senior officials. ARTICLE 28 => ASEAN SECTORAL MINISTERIAL BODIES 1. ASEAN Sectoral Ministerial Bodies shall: (a) function in accordance with their respective established mandates; (b) implement the agreements and decisions of the ASEAN Summit under their respective purview; (c) strengthen cooperation in their respective fields in support of ASEAN integration and community building; and (d) submit reports and recommendations to their respective Community Councils. 2. Each ASEAN Sectoral Ministerial Body may have under its purview the relevant senior officials and subsidiary bodies to undertake its functions as contained in Annex 1. The Annex may be updated by the Secretary-General of ASEAN upon the recommendation of the Committee of Permanent Representatives without recourse to the provision on Amendments under this Charter. ARTICLE 29 => SECRETARY-GENERAL OF ASEAN AND ASEAN SECRETARIAT 1. The Secretary-General of ASEAN shall be appointed by the ASEAN Summit for a non-renewable term of office of five years, selected from among nationals of the ASEAN Member States based on alphabetical rotation, with due consideration to integrity, capability and professional experience, and gender equality. 2. The Secretary-General shall: (a) carry out the duties & responsibilities of this high office in accordance with the provisions of Charter & relevant ASEAN instruments,protocols & established practices;
  • 39. (b) facilitate and monitor progress in the implementation of ASEAN agreements and decisions, and submit an annual report on the work of ASEAN to ASEAN Summit; (c) participate in meetings of the ASEAN Summit, the ASEAN Community Councils, the ASEAN Coordinating Council, and ASEAN Sectoral Ministerial Bodies and other relevant ASEAN meetings; (d) present the views of ASEAN and participate in meetings with external parties in accordance with approved policy guidelines and mandate given to the Secretary-General; and (e) recommend the appointment and termination of the Deputy Secretaries-General to the ASEAN Coordinating Council for approval. 3. The Secretary-General shall also be the Chief Administrative Officer of ASEAN. 4. The Secretary-General shall be assisted by four Deputy Secretaries-General with the rank and status of Deputy Ministers. The Deputy Secretaries-General shall be accountable to the Secretary-General in carrying out their functions. 5. The four Deputy Secretaries-General shall be of different nationalities from the Secretary-General and shall come from four different ASEAN Member States. 6. The four Deputy Secretaries-General shall comprise: (a) two Deputy Secretaries-General who will serve a non-renewable term of three years, selectedfrom among nationals of the ASEAN Member States based on alphabetical rotation, with due consideration to integrity, qualifications, competence, experience and gender equality; and (b) two Deputy Secretaries-General who will serve a term of three years, which may be renewed for another three years. These two Deputy Secretaries-General shall be openly recruitedbased on merit. 7. The ASEAN Secretariat shall comprise the Secretary-General and such staff as may be required. 8. The Secretary-General and the staff shall:
  • 40. (a) uphold the highest standards of integrity, efficiency, and competence in the performance of their duties; (b) not seek or receive instructions from any government or external party outside of ASEAN; and (c) refrain from any action which might reflect on their position as ASEAN Secretariat officials responsible only to ASEAN. 9. Each ASEAN Member State undertakes to respect the exclusively ASEAN character of the responsibilities of the Secretary-General and the staff, and not to seek to influence them in the discharge of their responsibilities. ARTICLE 30 => COMMITTEE OF PERMANENT REPRESENTATIVES TO ASEAN 1. Each ASEAN Member State shall appoint a Permanent Representative to ASEAN with the rank of Ambassador based in Jakarta. 2. The Permanent Representatives collectively constitute a Committee of Permanent Representatives, which shall: (a) support the work of the ASEAN Community Councils and ASEAN Sectoral Ministerial Bodies; (b) coordinate withASEAN National Secretariats and other ASEAN Sectoral Ministerial Bodies; (c) liaise with the Secretary-General of ASEAN and the ASEAN Secretariat onall subjects relevant to its work; (d) facilitate ASEAN cooperationwithexternal partners; and (e) perform suchother functions as may be determined by the ASEAN CoordinatingCouncil.
  • 41. ARTICLE 31 => ASEAN NATIONAL SECRETARIATS Each ASEAN Member State shall establish an ASEAN National Secretariat which shall: (a) serve as the national focal point; (b) be the repositoryof information on all ASEAN matters at the national level; (c) coordinate the implementation of ASEAN decisions at the national level; (d) coordinate and support the national preparations of ASEAN meetings; (e) promote ASEAN identity and awareness at the national level; and (f) contribute to ASEAN community building. ARTICLE 32 => ASEAN HUMAN RIGHTS BODY 1. In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body. 2. This ASEAN human rights body shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting. ARTICLE 33 => ASEAN FOUNDATION 1. The ASEAN Foundation shall support the Secretary-General of ASEAN and collaborate with the relevant ASEAN bodies to support ASEAN community building by promoting greater awareness of the ASEAN identity, people-to-people interaction, and close collaboration among the business sector, civil society, academia and other stakeholders in ASEAN. 2. The ASEAN Foundation shall be accountable to the Secretary-General of ASEAN, who shall submit its report to the ASEAN Summit through the ASEAN Coordinating Council.
  • 42. ASEAN HEAD OF DEPARTMENT: Source: David Irvine (1983). Making haste less slowly: Asean from 1975. In Alison Broinski (edt. Understanding Asean. London: Macmillan Press Ltd. pg 60
  • 43. ENTITIES ASSOCIATED WITH ASEAN: 1. ASEAN may engage with entities which support the ASEAN Charter, in particular its purposes and principles. These associated entities are listed in Annex 2. Rules of procedure and criteria for engagement shall be prescribed by the Committee of Permanent Representatives upon the recommendation of the Secretary- General of ASEAN. 3. Annex 2 may be updated by the Secretary-General of ASEAN upon the recommendation of the Committee of Permanent Representatives without recourse to the provision on Amendments under this Charter. ARTICLE 34 => Parliamentarians ASEAN Inter-Parliamentary Assembly (AIPA) ARTICLE 35 => Business Organisations • ASEAN Airlines Meeting • ASEAN Alliance of Health Supplement Association(AAHSA) • ASEAN Automotive Federation(AAF) • ASEAN Bankers Association(ABA) • ASEAN Business Advisory Council (ASEAN-BAC) • ASEAN Business Forum (ABF) • ASEAN Chamber of Commerce and Industry (ASEAN-CCI) • ASEAN Chemical Industries Council • ASEAN Federationof Textiles Industries (AFTEX) • ASEAN Furniture Industries Council (AFIC) • ASEAN Insurance Council (AIC) • ASEAN Intellectual PropertyAssociation(ASEAN IPA) • ASEAN International Airports Association(AAA) • ASEAN Iron & Steel Industry Federation • ASEAN Pharmaceutical Club
  • 44. • ASEAN Tourism Association(ASEANTA) • Federationof ASEAN Economic Associations (FAEA) • Federationof ASEAN Shippers’ Council • US-ASEAN Business Council ARTICLE 36 => Think Tanks and Academic Institution ASEAN-ISIS Network ARTICLE 37 => ASEAN-Accredited Civil Society Organisations (CSOs) Activities of ASEAN Accredited CSOs AFA Dialogue with International Federationof Accountants Compliance Advisory Panel (IFAC CAP), Bangkok, 19 January 2009 Note: The Guidelines were adopted at the 6th Meeting of the ASEAN Coordinating Council (ACC), Ha Noi, 8 April 2010. • ASEANAPOL • Federationof Institutes of FoodScience and Technologyin ASEAN (FIFSTA) • Southeast Asian Fisheries Development Centre (SEAFDEC) • WorkingGroup for an ASEAN Human Rights Mechanism
  • 45. EXTERNAL RELATIONS: ARTICLE 38 => CONDUCT OF EXTERNAL RELATIONS 1. ASEAN shall develop friendly relations and mutually beneficial dialogue, cooperation and partnerships with countries and sub-regional, regional and international organisations and institutions. 2. The external relations of ASEAN shall adhere to the purposes and principles set forth in this Charter. 3. ASEAN shall be the primary driving force in regional arrangements that it initiates and maintain its centrality in regional cooperation and community building. 4. In the conduct of external relations of ASEAN, Member States shall, on the basis of unity and solidarity, coordinate and endeavour to develop common positions and pursue joint actions. 5. The strategic policy directions of ASEAN’s external relations shall be set by the ASEAN Summit upon the recommendation of the ASEAN Foreign Ministers Meeting. 6. The ASEAN Foreign Ministers Meeting shall ensure consistency and coherence in the conduct of ASEAN’s external relations. 7. ASEAN may conclude agreements with countries or subregional, regional and international organisations and institutions. The procedures for concluding such agreements shall be prescribed by the ASEAN Coordinating Council in consultation with the ASEAN Community Councils.
  • 46. ARTICLE 39 => DIALOGUE COORDINATOR 1. Member States, acting as Country Coordinators, shall take turns to take overall responsibility in coordinating and promoting the interests of ASEAN in its relations with the relevant Dialogue Partners, regional and international organisations and institutions. 2. In relations with the external partners, the Country Coordinators shall, inter alia: (a) represent ASEAN and enhance relations on the basis of mutual respect and equality, in conformity with ASEAN’s principles; (b) co-chair relevant meetings between ASEAN and external partners; and (c) be supported by the relevant ASEAN Committees in Third Countries and International Organisations. ARTICLE 40 => STATUS OF EXTERNAL PARTIES 1. In conducting ASEAN’s external relations, the ASEAN Foreign Ministers Meeting may confer on an external party the formal status of Dialogue Partner, Sectoral Dialogue Partner, Development Partner, Special Observer, Guest, or other status that may be established henceforth. 2. External parties may be invited to ASEAN meetings or cooperative activities without being conferred any formal status, in accordance with the rules of procedure.
  • 47. ASEAN–India Free Trade Area : Asean,India,ManmohanSingh, Japan,YukioHatayama,EastAsiaSummit,India-AseanRound Table,Thailand:http://www.thehindu.com IN WITNESS WHEREOF, WE have signed this Framework Agreement on Comprehensive Economic Cooperation between the Republic of India and the Association of South East Asian Nations. DONE at Bali, this 8th day of October, 2003 in duplicate copies in the English Language. Description for the Following image: India ready to sign FTA in Services, Investment with ASEAN: PM Manmohan to hold talks with Wen November 18, 2012
  • 48. The ASEAN–India Free Trade Area (AIFTA) is a free trade area among the ten member states of the Association of Southeast Asian Nations (ASEAN) and India. The initial framework agreement was signed on 8 October 2003 in Bali, Indonesia. and the final agreement was on 13 August 2009. The free trade area came into effect on 1st January 2010. India hosted the latest ASEAN-India Commemorative Summit in New Delhi on December 20–21, 2012. ARTICLE 41 => Background The ASEAN–India Free Trade Area emergedfrom a mutual interest of bothparties to expand their economic tiesinthe Asia-Pacific region. India's "Look East" policywas reciprocatedbysimilar interests of manyASEAN countries to expandtheir interactions westward. After India became a sectoral dialogue partner of ASEAN in 1992, India saw its trade with ASEAN increase relative to its trade with the rest of the world. Between1993 and 2003, ASEAN-India bilateral trade grew at an annual rate of 11.2%, from US$ 2.9 billionin 1993
  • 49. to US$ 12.1 billionin2003. Muchof India's trade with ASEAN is directedtowards Singapore, Malaysia, and Thailand, with whom India holds strongeconomic relations. In 2008, the total volume of ASEAN-India trade was US$ 47.5 billion. ASEAN’s export to India was US$ 30.1 billion – a growth of 21.1 per cent in comparisonwith that of 2007. ASEAN’s imports from India were US$ 17.4 billion – a growth of 40.2 per cent in comparisonto that of 2006. As for foreigndirect investment (FDI), the inflow from India to ASEAN Member States was US$ 476.8 millionin2008, accountingfor 0.8 per cent of total FDI in the region. Total Indian FDI into ASEAN from 2000 to 2008was US$ 1.3 billion. The ASEAN-Dialogue Partners trade and investment statistic datacan be accessedthrough http://www.asean.org/22122.htm. Acknowledging this trendand recognisingthe economicpotential of closer linkages, both sides recognisedthe opportunities fordeepeningtrade and investment ties, and agreedto negotiate a frameworkagreement to pave the way for the establishment of an ASEAN–India Free Trade Area (FTA). ARTICLE 42 => History At the Second ASEAN-India Summit in 2003, the ASEAN-India Framework Agreement on Comprehensive Economic Cooperationwas signed by the Leaders of ASEAN and India. The Framework Agreement laid a sound basis for the eventual establishment of an ASEAN-India Regional Trade and Investment Area (RTIA), which includes FTA in goods, services, and investment. ASEAN and India signed the ASEAN-India Trade in Goods (TIG) Agreement in Bangkok on 13 August 2009, after sixyears of negotiations. The ASEAN-India TIG Agreement enteredinto force on1 January 2010. The 7thASEAN-India Summit in Cha-am Hua Hin, Thailand on 24 October 2009 agreedto revise the bilateral trade target to 70 billionUSD to be achieved in the next two years, notingthat the initial target of USD 50 billionset in2007 may soon be surpassed. ASEAN-India trade grew at over 22 percent annually during the 2005-2011 period. Trade between India and ASEAN in 2011-2012 increasedby more than 37 percent to $79 billion, which was more than the target of $70 billionset in2009. At the 10thASEAN-India Summit in New Delhi on December 20, 2012, Indiaand ASEAN concludednegotiations for FTAs in services and investments. The two sides expect bilateral trade to increase to $100billionby 2015, and $200 billionwithin a decade.
  • 50. ASEAN and India are also working on enhancing private sector engagement. Details onthe re-activationof the ASEAN-India Business Council (AIBC), the holding of the ASEAN- India Business Summit (AIBS) and an ASEAN-India Business Fair (AIBF), are being worked out by officials. The FourteenthASEAN Transport Ministers (ATM) Meetingon6 November 2008 in Makati, Metro Manila, Philippines adoptedthe ASEAN-India Aviation Cooperation Framework, which will lay the foundation for closeraviationcooperationbetweenASEAN and India. The ASEAN-India Air Transport Agreement (AI-ATA) is being negotiatedwith the implementationtimeline of 2011. ARTICLE 43 => Tariffs The signing of the ASEAN-India Trade in Goods Agreement paves the way for the creation of one of the world’s largest FTAs – a market of almost 1.8 billionpeople with a combined GDP of US$ 2.8 trillion. The ASEAN-India FTA will see tariff liberalizationof over 90 percent of products tradedbetweenthe two dynamic regions, includingthe so-called“special products,”such as palm oil (crude and refined), coffee, blackteaand pepper. Tariffs on over 4,000 product lines will be eliminatedby 2016, at the earliest. ARTICLE 44 => Criticism While there are many benefits to the ASEAN-India FTA, there is concernin India that the agreement will have several negative impacts on the economy. As previously stated, the two regions aim to reduce their tariffs onamajorityof their traded goods. This will allow them to increase the market access of their products. It is criticized, however, that India will not experience as great an increase inmarket access to ASEAN countries as ASEAN will in India. The economiesof the ASEAN countries are largelyexport-driven, maintaining high export-to-GDPratios(in2007, Malaysiahad a ratio of almost 100%). Consideringthis, as well as the global financial crisis andIndia's expansive domestic market, the ASEAN countries will lookeagerlytowards India as a home for its exports. Since the early2000s, India has had an increasingtrade deficit withASEAN, with imports exceedingexports by more than US$6 billionin 2007-2008. It is fearedthat a gradual liberalizationof traiffs anda rise inimportedgoods into India will threatenseveral sectors of the economy, specificallythe plantationsector, some manufacturingindustries, and the marine products industry. As a dominant exporter of light manufacturing products, ASEAN
  • 51. has competitive tariff rates that make it difficult for India to gain access to the industry market in ASEAN countries. Before the agreement was signed, the Chief Minister of Kerala, V.S. Achuthanadan, led a delegationto the Indian Prime Minister protestingagainst the FTA. The state of Kerala is an important exporter inthe national export of plantation products. It fears that cheap imports of rubber, coffee, andfishwould lower domestic production, adverselyaffectingfarmers and ultimatelyits economy. Kerala has already experienceda floodingof its market with inexpensive imports under the South Asia Free Trade Agreement of 2006. Cheapcoconuts from Sri Lanka and palm oil from Malaysiahas since hinderedKerala's coconut cultivation. To alleviate the losses that arise from the initial stages of trade, the Government of India must be able to effectivelyredistribute some of the wealthto those industries who suffer from the increasedcompetitionwithASEAN markets. This way, total welfare gains in India would increase and India would ultimatelybenefit from trade with ASEAN. CONCLUSION: To ensure political conditionof Southeast Asia, ASEAN has struggled to implement various efforts eventhough the implementationwas little bit slowly. This show ASEAN spirit and sense of belongings as what been statedby former Malaysia Prime Minister Tun Dr. Mahathir Mohammad and it is the secret of ASEAN successful by holding on 5 Cs which are Consolidation, Consultation, Consensus, Caringand Cornerstone. Consultationis one way of decisionmaking among ASEAN countries’leader with frequent contact and negotiationto gain Consensus or collective agreement inevery decisionmade. Caring is a concernfeelingand each ASEAN countryneedto has high spirit and always think about ASEAN interest besides their individual needs. Cornerstoneis the directionthat is needs every ASEAN countryto establishtheir foreignpolicyas an ASEAN countrybased on ASEAN spirit. Consolidationor unityrequiredall ASEAN countries to unite inany actiontaken. ASEAN was born while the world is having tensioninCold War and unsecuredsecurity. Because of this, it has made ASEAN busy in political problems. Even though ASEAN countries possess different strategicandsecurityperspective, ASEAN unity has manage to come with big success increatingpeace. It can be seenwhen ZOPFAN concept was declaredduring ASEAN Head of State Summit in Kuala Lumpur in 1971. The treatybased on sovereignty
  • 52. respect principlesof other countries, non-interventiononinternal affairs, to solve regional internal issues with peace and effective cooperation. The treatyalso had come out with code of conduct of peaceful solutionfor everyconflict basedonASEAN principles as conflict solving mechanism. Until now, ZOPFAN concept manage to be the only applied regional diplomatic tool inproviding mechanism and process for peaceful solutioninany dispute. ASEAN was not the organizationor body to establishcooperationamongSoutheast Asia countries but has become an important societyto East Asia countries. Moreover, ASEAN and East Asia are also defending their interest anddirectionand working together to increase regional economic integration. Inorder to measure the effectivenessof economic development, ASEAN needs several solidstrategiesto ensure member countriesto enhance their economic level accordance to ASEAN directionto prosperous regional economy. By making China and Japan that have rapid growth in economy, it is an advantage for ASEAN to develop cooperationand maintaining peace among member countries. Withconstructive experiences andprinciples acceptedbyregional countries, ASEAN become stronger in establishingstabilityand prosperous accordingto their own mould. After 40 years, many consider ASEAN to be very successful inpart because of the ongoing stabilityin the region. Instead of worrying about militaryconflict, its member countries have been able to focus ondevelopment of their political and economic systems. The group has also made a strongstance against terrorism withregional partner, Australia. In the wake of the terroristattacks inBali and Jakarta in the past eight years, ASEAN has refocusedits efforts to prevent incidents and capture perpetrators. In November 2007 the groupsigneda new charter that establishedASEAN as a rule-based entitythat would promote efficiencyand concrete decisions rather thansimplya large discussiongroupit has sometimes beenlabeled. The charter also commits members to advocate democratic ideals and human rights. ASEAN is oftencriticizedfor sayingon the one hand that democratic principles guide them, while on the other allowing human rights violations to occur in Myanmar, and socialism to rule in Vietnam and Laos. Protesters of free market who fear the loss of local jobs and economieshave appeared all over the region, most notablyat the 12thASEAN summit in Cebu in the Philippines. Despite any objections, ASEAN is well on its way to full economic integrationand is making great strides to fullyassert itself onthe worldmarket.
  • 53. BIBLIOGRAPHY: Referencebook  Dr. G. K. KalKoti  Dr. G. Rajalakshmy on the Web  ASEAN Official Site  http://www.asean.org/22122.htm.  http://www.asil.org/aseanevent/sim_intro_to_asean.pdf  http://www.asean.org/archive/publications/ASEAN-Charter.pdf  http://commerce.nic.in/agree_asean.htm  http://www.thehindu.com Suggested Reading  The United Nations  Commonwealth of Nations  Introduction to the ASEAN Economic Community - International Law Office THANK YOU !!!