DOKUMEN 1
Naskah Resmi Dokumen (OCR Terverifikasi)
dh THIRD 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 liberal, facilitative, transparent and competitive investment environment in ASEAN by adhering to principles such as to benefit investors and their investments based in ASEAN, CONSIDERING the outcome of the annual reviews by the ASEAN Investment Area Council of paragraph 8 of the ACIA Headnote for the List of Reservations, and 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: SD Tn 3 1/9 Gsei Kau Article 1 Amendment to the ACIA Headnote for the List of Reservations Paragraph 8 of the ACIA Headnotefor the List of Reservations as provided below shall be deleted: “8. In the case of Thailand, as stipulated in the Foreign Business Act B.E.2542 (1999), nothing in this Agreement shall apply to an investor of the other Member States which is a juridical person constituted or otherwise organised under the law of a Member State that is not owned and/or controlled by nationals of Member States, and its investment. This provision shall be subject to review by the AIA Council on an annual basis.” Article 2 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 promptiy notify all Member States of the notifications or deposit of each instrument of ratification or acceptance referred to in paragraph 1. 3. This Protocol shall be deposited with the Secretary- General of ASEAN, who shall promptily furnish a certified copy thereof to each Member State. an 2 FI ra Ry Sei UTS IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Third Protocol to Amend the ASEAN Comprehensive Investment Agreement. bone at Ha Noi, Vet Nam. tnis.... Tuenkieta........day of .....December in the year Two Thousand and ...Kevenbee)... ina single original copy in the English language. For Brunei Darussalam: UwIOEK SENG Minister at the Prime Ministers Office and Second Minister of Foreign Affairs and Trade For the Kingdom of Cambodia: | PAN SORASAK Minister of Commerce For the Republic of Indonesia: LL GARTIASTO LUKITA Minister of Trade ay (NI 3 na For the Lao People's Democratic Republic: SK KHEMMANI PHOLSENA Minister of Industry and Commerce For Malaysia MUSTAPA MOHAMED Minister of International Trade and Industry For the Republic of the Union of Myanmar: | KYAW WIN Union Minister for Planning and Finance For the Republic of the Philippines RAMON OPEz Seoretary Of Tree and Industry PON | $ MT | For the Republic of Singapore: LIM HNG KIANG Minister for Trade and Industry (Trade) For the Kingdomof Thailand: APIRADI TANTRAPORN Minister of Commerce For the Socialist Republic of Viet Nam: —ppe TRAN TUAN ANH Minister of Industry and Trade | . | ta '&) MY Ma€ ” . OF SOUTHEAST ASIAN NATIONS CERTIFYING STATEMENT satara 210 Third Protocol to Amend the ASEAN Comprehensive Investment Fan Wah Tan Agreement I, 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 Third Protocol to Amend the ASEAN Comprehensive Investment Agreement, which was signed on 20 December 2017 in Ha Noi, Viet Nam. Jakarta, 9 January 2018 AKP Mochtan Deputy Secretary-General of ASEAN Community and Corporate Affairs Department The ASEAN Secretariat e YAsean 50 2017 Salinan naskah resml Ceftified true coPY P. 19651025 199103 1 017 Sekretaris Direktorat Jenderal Hukum dan Perjanjian Internasional Kementerian Luar Neqeri, Republik Indoneqie @.egal Affairs and lnternational rreaties Ministry of Foreign Affairs, Republic of lndonesia Tanqqal : \\ Januari 2019 Date