DOKUMEN 1
Naskah Resmi Dokumen (OCR Terverifikasi)
dh SECOND PROTOCOL TO AMEND THE ASEAN COMPREHENSIVE INVESTMENT AGREEMENT The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations ("ASEAN"), hereinafter collectively referred to as “Member States” or singularly as “Member State”, RECALLING the ASEAN Comprehensive Investment Agreement (hereinafter referred to as the “ACIA") signed on 26 February 2009 and which entered into force on 29 March 2012, which aims to create a free and open investment regime in ASEAN in order to achieve the end goal of economic integration under the ASEAN Economic Community (“AEC'): RECOGNISING the different regimes of each Member State on the treatment of permanent residents under the ACIA, CONSIDERING the developments on the World Trade Organization (“WTO”) membership of Member States and the outcome of the joint assessment on performance reguirements pursuant to Article 7 (Prohibition of Performance Reguirements) of ACIA, RECALLING the decisions made during the ASEAN Economic Ministers - 18" ASEAN Investment Area Council Meeting on 22 August 2015 in Kuala Lumpur, Malaysia on the treatment of permanent residents and Prohibition of Performance Reguirements under the ACIA built-in agenda, and an 1 ar AMIN Tem NOTING that Article 46 (Amendments) of the ACIA provides that the provisions of the ACIA may be modified through amendments mutually agreed upon in writing by the Member States, HAVE AGREED AS FOLLOWS: Article1 Amendment to the Definition of “Natural Person” 1. Subparagraph (g) of Article 4 (Definitions) shall be replaced as follows: “(9) "natural person" means a natural person who under the law of that Member State: () is a national or citizen of that Member State, or (i) has the right of permanent residence in that Member State, where both that Member State and the Member State in which the person is making or has made an investment recognise permanent residents and accord substantially the same treatment to their respective permanent residents as they accord to their respective nationals in respect of measures aftecting investment." 2. Pursuant to the amendment of the definition of “natural person” as in paragraph 1, paragraph 6 of the ACIA Headnotefor the List of Reservations shall be deleted. LN $ 2 : (an jE Asy) Wana 3. Succeeding paragraphs in the ACIA Headnote shall be renumbered accordingly. Article 2 Amendments to Article 7 (Prohibition of Performance Reguirements) 1. Paragraph 2 shall be replaced as follows: "2. Member States shall — undertake assessment and review of their existing performance reguirements and consider additional commitments under this Article, as the need arises." RK: Paragraph 3 as provided below shall be deleted: "3. 'Non-WTO Members of ASEAN shall abide by the WTO provisions in accordance with their accession commitments to the WTO.” Article 3 Final Provisions 1. This Protocol shall form an integral part of the ACIA and shall enter into force after all Member States have notified the completion of their respective internal procedures | for the entry into force of this Protocol to, or, where necessary, deposited instruments of ratification or acceptance with, the Secretary-General of ASEAN. 2.. The Secretary-General of ASEAN shall promptly notify all Member States of the notifications or deposit of each instrument of ratification or acceptance referred to in paragraph 1. EN ANA 3 Dn 3. This Protocol shall be deposited with the Secretary- General of ASEAN, who shall promptly furnish a certified copy thereof to each Member State. IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Protocol to Amend the ASEAN Comprehensive Investment Agreement. ponE at... ita Nof......., ...Viee Nam... tnis “Wefty.- Eteskc ...day Osean Kep EMper. ... in the Year Two Thousand and .......Sevenkeen......, in a single original copy in the English language. For Brunei Darussalam: PA | LIMJOCK-SENG — | Minister at the Prime Minister's Office and | Second Minister of Foreign Affairs and Trade For the Kingdom of Cambodia: Sopan 0S . PAN SORASAK Minister of Commerce SA 1an j3 NI 4 Lane For the Republic of Indonesia: je Masih ENGGARTIASTO LUKITA Minister of Trade For the Lao People's Democratic Republic: KHEMMANI PHOLSENA Minister of Industry and Commerce For Malaysia: MUSTAPA MOHAMED Minister of International Trade and Industry For the Republic of the Ugion of Myanmar. KYAW WIN Union Minister for Planning and Finance ny ae For the Republic of the Philippines: £ JRAMON M. LO! seb Itary of Trade anWindistry For the Republic of Singapore: buron LIM HNG KIANG Minister for Trade and Industry (Trade) For the Kingdom of Thailand: R Gor APIRADI TANTRAPORN Minister of Commerce For the Socialist Republic of Viet Nam: TRAN TUAN ANH . Minister of Industry and Trade 1 Saja ma | 7”. OF SOUTHEAST ASIAN NATIONS Te ASEAN Sewtrat CERTIFYING STATEMENT kah rta Second Protocol to Amend the ASEAN Comprehensive Investment kala Agreement ame |, THE UNDERSIGNED Deputy Secretary-General of ASEAN for Community and Corporate Affairs, hereby certify that the attached text isa true and complete copy of the Second Protocol to Amend the ASEAN Comprehensive Investment Agreement, signed on 21 September 2017 in Ha Noi, Viet Nam, the original of which has been deposited with the Secretary-General of ASEAN Jakarta, 13 October 2017 / AKP Mochtan Deputy Secretary-General of ASEAN Community and Corporate Affairs Department The ASEAN Secretariat 6 (Asean 50 . 2017 Salinan naskah resmi Ceftified true copy : OAl2lCTClUt2A19l52 Nrp. tsostozs 199103 1 o'17 Sekretaris Direktorat Jenderal Hukum dan Perjanjian Internasional Ministry of Foreign Affairs, Republic of Indonesia Tanqqal : lt Januari 2019 Date