WORLD TRADE  
ORGANIZATION  WT/COMTD/51 
21 December 2004 
 
 (04-5611) 
Committee on Trade and Development Original:   English 
 
  
FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC COOPERATION 
BETWEEN THE ASSOCIATION OF SOUTH EAST ASIAN NATIONS  
AND THE PEOPLE'S REPUBLIC OF CHINA 
 
Communication from the Parties to the Agreement
 
 
 
 The following communication dated 4 Novemb er 2002 and Protocol dated 6 October 2003, 
are being circulated at the request of the delegations  of Malaysia on behalf of the ASEAN members of 
the WTO (Brunei Darussalam, Cambodia, Indonesia,  Malaysia, Myanmar, the Philippines, Singapore 
and Thailand) and China.  
_______________ 
 
Framework Agreement on Comprehensive Economic Cooperation
 
Between the Association of South East Asian Nations  
and the People's Republic of China1 
 
 Preamble
 
 
We, the Heads of Government/State of Brunei Darussalam, the Kingdom of Cambodia, the 
Republic of Indonesia, the Lao Pe ople's Democratic Republic ("Lao PDR"), Malaysia, the Union of 
Myanmar, the Republic of the Philippines, the Repu blic of Singapore, the Kingdom of Thailand and 
the Socialist Republic of Viet Nam, Member States  of the Association of South East Asian Nations 
(collectively, "ASEAN" or "ASEAN member States",  or individually, "ASEAN Member State"), and 
the People's Republic of China ("China"):  
Recalling  our decision made at the ASEAN-Chin a Summit held on 6 November 2001 in 
Bandar Sen Begawan, Brunei Darussalam, regardi ng a Framework on Economic Cooperation and to 
establish an ASEAN-China Free Trade Area ("ASEAN-China FTA") within ten years with special 
and differential treatment and flexibility for the newer ASEAN member States of Cambodia, 
Lao PDR, Myanmar and Viet Nam ("the newer ASEAN member States") and with provision for an 
early harvest in which the list of products and services will be determined by mutual consultation; 
 
Desiring  to adopt a Framework Agreement on Comp rehensive Economic Cooperation ("this 
Agreement") between ASEAN and China (collectively, "the Parties", or individually referring to an 
ASEAN Member State or to China as a "Party") that is forward-looking in order to forge closer economic relations in the 21st century; 
 
Desiring  to minimise barriers and deepen economic lin kages between the Parties; lower costs;  
increase intra-regional trade and investment;  increase economic efficiency;  create a larger market 
                                                     
 
1 The annexes and appendix may be consulted at the Development Division of the WTO Secretariat. WT/COMTD/51 
Page 2  
 
 with greater opportunities and larg er economies of scale for the businesses of the Parties;  and 
enhance the attractiveness of the Parties to capital and talent; 
 
Being  confident that the establishment of an ASEAN-China FTA will cr eate a partnership 
between the Parties, and provide an importan t mechanism for strengthening cooperation and 
supporting economic stability in East Asia; 
 
Recognizing  the important role and contribution of the business sector in enhancing trade and 
investment between the Parties an d the need to further promote an d facilitate their cooperation and 
utilisation of greater business opportunitie s provided by the ASEAN-China FTA; 
 
Recognizing  the different stages of economic development among ASEAN member States 
and the need for flexibility, in particular the need to  facilitate the increasing participation of the newer 
ASEAN member States in the ASEAN-China economic cooperation and the expansion of their 
exports, including, inter alia, through the strengthening of their domestic capacity, efficiency and 
competitiveness;  
Reaffirming  the rights, obligations and undertakings of the respective parties under the World 
Trade Organisation (WTO), and other multilatera l, regional and bilateral agreements and 
arrangements; 
 
Recognizing  the catalytic role that regional trad e arrangements can contribute towards 
accelerating regional and global liberalization and as building blocks in the framework of the 
multilateral trading system; 
 
Have agreed as follows: 
 
Article 1 
 
Objectives
 
 
The objectives of this Agreement are to: 
 
(a) strengthen and enhance economic, trad e and investment cooperation between the 
Parties; 
 
(b) progressively liberalise and promote trade in goods and services as well as create a 
transparent, liberal and fa cilitative investment regime; 
 
(c) explore new areas and develop appropriate measures for closer economic cooperation 
between the Parties;  and  
 
(d) facilitate the more effective economic integration of the newer ASEAN member 
States and bridge the development gap among the Parties. 
 
Article 2 
 
Measures for Comprehensive Economic Cooperation  
 
The Parties agree to negotiate expeditiously in order to establish an ASEAN-China FTA 
within 10 years, and to strengthen and enhance economic cooperation through the following: 
  WT/COMTD/51 
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 (a) progressive elimination of tariffs and non-t ariff barriers in subs tantially all trade in 
goods;  
 
(b) progressive liberalisation of trade in se rvices with substantial sectoral coverage; 
 
(c) establishment of an open and competitive investment regime that facilitates and 
promotes investment within the ASEAN-China FTA; 
 
(d) provision of special and differential treatment and flexibility to the newer ASEAN 
member States; 
 
(e) provision of flexibility to the Partie s in the ASEAN-China FTA negotiations to 
address their sensitive areas in the goods, se rvices and investment sectors with such 
flexibility to be negotiated and mutually agr eed based on the principle of reciprocity 
and mutual benefits; 
 
(f) establishment of effective trade and inve stment facilitation measures, including, but 
not limited to, simplification of customs procedures and development of mutual 
recognition arrangements; 
 
(g) expansion of economic cooperation in areas as may be mutually agreed between the 
Parties that will complement the deepening of trade and investment links between the Parties and formulation of action plans and programmes in order to implement the 
agreed sectors/areas of cooperation;  and 
 
(h) establishment of appropriate mechanisms for the purposes of effective 
implementation of this Agreement. 
 
PART 1 
 
Article 3 
 
Trade in Goods
 
 
1. In addition to the Early Harvest Programme under Article 6 of this Agreement, and with a 
view to expediting the expansion of trade in goods, the Parties agree to enter into negotiations in 
which duties and other restrictive regulations of commerce (except, where necessary, those permitted 
under Article XXIV (8)(b) of the WTO General Ag reement on Tariffs and Trade (GATT)) shall be 
eliminated on substantially all tr ade in goods between the Parties. 
 
2. For the purposes of this Article, the follo wing definitions shall apply unless the context 
otherwise requires: 
 
(a) "ASEAN 6" refers to Brunei, Indone sia, Malaysia, Philippines, Singapore and 
Thailand; 
 
(b) "applied MFN tariff rates" sha ll include in-quota rates, and shall: 
 
(i) in the case of ASEAN member States (which are WTO Members as of 
1 July 2003) and China, refer to th eir respective applied rates as of 
1 July 2003;  and 
 WT/COMTD/51 
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 (ii) in the case of ASEAN member States (which are non-WTO Members as of 
1 July 2003), refer to the rates as applied to China as of 1 July 2003; 
 
(c) "non-tariff measures" shall include non-tariff barriers. 
 
3. The tariff reduction or elimination programm e of the Parties shall require tariffs on listed 
products to be gradually reduced and where applicable, eliminated, in accordance with this Article. 
 
4. The products which are subject to the tariff reduction or elimination programme under this 
Article shall include all products not covered by th e Early Harvest Programme under Article 6 of this 
Agreement, and such products shall be categorised into 2 Tracks as follows: 
 
(a) Normal Track
:  Products listed in the Normal Track by a Party on its own accord 
shall: 
 
(i) have their respective applied MFN tariff rates gradually reduced or 
eliminated in accordance with specifie d schedules and rates (to be mutually 
agreed by the Parties) over a period from 1 January 2005 to 2010 for 
ASEAN 6 and China, and in the case of the newer ASEAN member States, 
the period shall be from 1 January 2005 to 2015 with higher starting tariff 
rates and different staging;  and 
 
(ii) in respect of those tariffs which have been reduced but have not been 
eliminated under paragraph 4(a)(i) above, they shall be progressively 
eliminated within timeframes to be mutually agreed between the Parties. 
 
(b) Sensitive Track :  Products listed in the Sensitive Track by a Party on its own accord 
shall:  
 
(i) have their respective applied MFN tariff rates reduced in accordance with the 
mutually agreed end rates and end dates;  and  
 
(ii) where applicable, have their respective applied MFN tariff rates 
progressively eliminated within timefr ames to be mutually agreed between 
the Parties. 
 5. The number of products listed in the Sensitiv e Track shall be subject to a maximum ceiling to 
be mutually agreed among the Parties.  
 
6. The commitments undertaken by the Partie s under this Article an d Article 6 of this 
Agreement shall fulfil the WTO requirements to el iminate tariffs on substantially all the trade 
between the Parties. 
 
7. The specified tariff rates to be mutually agr eed between the Parties pursuant to this Article 
shall set out only the limits of the applicable tariff rates or range for the specified year of 
implementation by the Parties and shall not prevent any Party from acceleratin g its tariff reduction or 
elimination if it so wishes to. 
 8. The negotiations between the Parties to esta blish the ASEAN China FT A covering trade in 
goods shall also include, but not be limited to the following: 
 
(a) other detailed rules governing the tariff reduction or elimination programme for the 
Normal Track and the Sensitive Track as we ll as any other related matters, including  WT/COMTD/51 
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 principles governing reciprocal commitments, not provided for in the preceding 
paragraphs of this Article; 
 
(b) Rules of Origin; 
 
(c) treatment of ou t-of-quota rates; 
 
(d) modification of a Party's commitments under the agreement on trade in goods based 
on Article XXVIII of the GATT; 
 
(e) non-tariff measures imposed on any products  covered under this Article or Article 6 
of this Agreement, including, but not limited  to quantitative restrictions or prohibition 
on the importation of any product or on the export or sale for export of any product, 
as well as scientifically unjustifiable sanitary and Phytosanitary measures and 
technical barriers to trade; 
 
(f) safeguards based on the GATT principles, including, but not limited to the following 
elements:  transparency, coverage, objective criteria for action, including the concept 
of serious injury or threat thereof, and temporary nature; 
 
(g) disciplines on subsidies and counterv ailing measures and anti-dumping measures 
based on the existing GATT disciplines;  and 
 
(h) facilitation and promotion of effective and adequate protection of trade-related 
aspects of intellectual property rights based on existing WTO, World Intellectual 
Property Organization (WIPO) and other relevant disciplines. 
 
Article 4 
 
Trade in Services  
 
With a view to expediting the expansion of trad e in services, the Parties agree to enter into 
negotiations to progressively liber alise trade in services with subs tantial sectoral coverage. Such 
negotiations shall be directed to: 
 
(a) progressive elimination of substantially all  discrimination between or among the 
Parties and/or prohibition of new or more discriminatory measures with respect to 
trade in services between the Parties, except for measures permitted under 
Article V(l)(b) of the WTO General Agre ement on Trade in Services (GATS); 
 
(b) expansion in the depth and scope of liberalisation of trade in services beyond those 
undertaken by ASEAN member States and China under the GATS;  and 
 
(c) enhanced cooperation in services between the Parties in order to improve efficiency 
and competitiveness, as well as to diversify the supply and distribution of services of 
the respective service suppliers of the Parties. 
 
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 Article 5 
 
Investment
 
 
To promote investments and to create a libe ral, facilitative, transparent and competitive 
investment regime, the Parties agree to: 
 
(a) enter into negotiations in order to progr essively liberalize th e investment regime; 
 
(b) strengthen cooperation in investment, f acilitate investment and improve transparency 
of investment rules and regulations;  and 
 
(c) provide for the protection of investments. 
 
Article 6 
 
Early Harvest  
 
1. With a view to accelerating the implementa tion of this Agreement, the Parties agree to 
implement an Early Harvest Programme (which is an integral part of the ASEAN-China FTA) for 
products covered under paragraph 3 (a) below and which will commence and end in accordance with 
the time-frames set out in this Article.  
2. For the purposes of this Article, the follo wing definitions shall apply unless the context 
otherwise requires: 
 
(a) "ASEAN 6" refers to Brunei, Indone sia, Malaysia, Philippines, Singapore and 
Thailand; 
 
(b) "applied MFN tariff rates" sha ll include in-quota rates, and shall: 
 
(i) in the case of ASEAN member States (which are WTO Members as of 
1 July 2003) and China, refer to th eir respective applied rates as of 
1 July 2003;  and 
 
(ii) in the case of ASEAN member States (which are non-WTO Members as of 
1 July 2003), refer to the tariff rates as applied to China as of 1 July 2003.  
 
3. The product coverage, tariff reduction and elim ination, implementation time-frames, rules of 
origin, trade remedies and emergency measures appli cable to the Early Harvest Programme shall be as 
follows: 
 
(a) Product Coverage
 
 
(i) All products in the following chapters at the 8/9 digit level (HS Code) shall 
be covered by the Early Harvest Programme, unless otherwise excluded by a 
Party in its Exclusion List as set out in Annex 1  of this Agreement, in which 
case these products shall be exempted for that Party: 
  WT/COMTD/51 
 Page 7 
 
 
 Chapter Description 
01 Live Animals 
02 Meat and Edible Meat Offal 
03 Fish 
04 Dairy Produce 
05 Other Animals Products 
06 Live Trees 
07 Edible Vegetables 
08 Edible Fruits and Nuts 
 
(ii) A Party which has placed products in the Exclusion List may, at any time, 
amend the Exclusion List to place one or more of these products under the Early Harvest Programme. 
 
(iii) The specific products set out in Annex 2
 of this Agreement shall be covered 
by the Early Harvest Programme and th e tariff concessions shall apply only 
to the parties indicated in Annex 2 .  These parties must have extended the 
tariff concessions on these products to each other. 
 
(iv) For those parties which are unable to complete the appropriate product lists in 
Annex 1  or Annex 2 , the lists may still be drawn up no later than 
1 March 2003 by mutual agreement. 
 
(b) Tariff Reduction and Elimination  
 
(i) All products covered under the Early Harvest Programme shall be divided 
into three product categories for tariff  reduction and elimination as defined 
and to be implemented in accordance with the timeframes set out in Annex 3  
to this Agreement.  This paragra ph shall not prevent any Party from 
accelerating its tariff reduction or elimination if it so wishes. 
 
(ii) All products where the applied MFN tariff rates are at zero per cent, shall 
remain at zero per cent. 
 
(iii) Where the implemented tariff rates are reduced to zero per cent, they shall 
remain at zero per cent. 
 
(iv) A Party shall enjoy the tariff concessions of all the other parties for a product 
covered under paragraph 3(a)(i) above so long as the same product of that 
Party remains in the Early Harvest Progr amme under paragraph 3(a)(i) above. 
 
(c) Interim Rules of Origin  
 
The Interim Rules of Origin applicable to the products covered under the Early 
Harvest Programme shall be negotiated and completed by July 2003.  The Interim 
Rules of Origin shall be superseded and replaced by the Rules of Origin to be 
negotiated and implemented by the Parties under Article 3(8)(b) of this Agreement. 
 
(d) Application of WTO provisions  
 
The WTO provisions governing modification of commitments, safeguard actions, 
emergency measures and other trade remedi es, including anti-dumping and subsidies WT/COMTD/51 
Page 8  
 
 and countervailing measures, shall, in the interim, be applicable to the products 
covered under the Early Harvest Programme an d shall be superseded and replaced by 
the relevant disciplines negotia ted and agreed to by the Pa rties under Article 3(8) of 
this Agreement once these disciplines are implemented. 
 
4. In addition to the Early Ha rvest Programme for trade in goo ds as provided for in the 
preceding paragraphs of this Article, the Partie s will explore the feasibility of an early harvest 
programme for trade in services in early 2003. 
 
5. With a view to promoting economic cooperation  between the Parties, the activities set out in 
Annex 4
 of this Agreement shall be undertaken or implemented on an accelerated basis, as the case 
may be. 
 
PART 2 
 
Article 7 
 
Other Areas of Economic Cooperation  
 
1. The Parties agree to strengthen their co operation in 5 priority sectors as follows: 
 
(a) agriculture; 
 
(b) information and communications technology; 
 
(c) human resources development; 
 
(d) investment;  and 
 
(e) Mekong River basin development. 
 
2. Cooperation shall be extended to other areas, including, but not limited to, banking, finance, 
tourism, industrial cooperation, transport, teleco mmunications, intellectual property rights, small and 
medium enterprises (SMEs), environment, bio-tec hnology, fishery, forestry and forestry products, 
mining, energy and sub-regional development. 
 3. Measures to strengthen cooperation shall include, but shall not be limited to: 
 
(a) promotion and facilitation of trade in go ods and services, and investment, such as: 
 
(i) standards and conformity assessment;  
 
(ii) technical barriers to trade/non-tariff measures;  and 
 
(iii) customs cooperation; 
 
(b) increasing the competitiveness of SMEs; 
 
(c) promotion of electronic commerce; 
 
(d) capacity building;  and 
 
(e) technology transfer.  WT/COMTD/51 
 Page 9 
 
 
  
4. The Parties agree to implement capacity bu ilding programmes and technical assistance, 
particularly for the newer ASEAN member States, in  order to adjust their economic structure and 
expand their trade and investment with China. 
 
PART 3 
 
Article 8 
 
Time frames  
 1. For trade in goods, the negotiations on the agreement for tariff reduction or elimination and 
other matters as set out in Article 3 of this Ag reement shall commence in early 2003 and be concluded 
by 30 June 2004 in order to establish the ASEAN-China FTA covering trade in goods by 2010 for 
Brunei, China, Indonesia, Malaysia, the Philippines, Singapore and Thailand, and by 2015 for the 
newer ASEAN member States.  
2. The negotiations on the Rules of Origin for trade in goods under Article 3 of the Agreement 
shall be completed no later than December 2003. 
 
3. For trade in services and investments, th e negotiations on the respective agreements shall 
commence in 2003 and be concluded as expeditiously as possible for implementation in accordance with the time-frames to be mutually agreed:  (a) taking into account the sensitive sectors of the 
Parties;  and (b) with special a nd differential treatment and flexib ility for the newer ASEAN member 
States. 
 
4. For other areas of economic cooperation unde r Part 2 of this Agreement, the Parties shall 
continue to build upon existing or agreed programmes  set out in Article 7 of this Agreement, develop 
new economic cooperation programmes and conclude agreements on the various areas of economic 
cooperation.  The Parties shall do so expeditiously for early implementation in a manner and at a pace 
acceptable to all the parties concerned.  The agreements shall include timeframes for the 
implementation of the commitments therein. 
 
Article 9 
 
Most-Favoured Nation Treatment
 
 
China shall accord Most-Favoured Nation (MFN ) Treatment consistent with WTO rules and 
disciplines to all the non-WTO ASEAN member States upon the date of signatu re of this Agreement. 
 
Article 10 
 
General Exceptions  
 
Subject to the requirement that such measur es are not applied in a manner which would 
constitute a means of arbitrary or unjustifiable di scrimination between or among the Parties where the 
same conditions prevail, or a disguised restrictio n on trade within the ASEAN-China FTA, nothing in 
this Agreement shall prevent any Party from taking and adopting measures for the protection of its 
national security or the protection of articles of ar tistic, historic and archaeological value, or such 
other measures which it deems necessary for the prot ection of public morals, or for the protection of 
human, animal or plant life and health. 
 WT/COMTD/51 
Page 10  
 
 Article 11 
 
Dispute Settlement Mechanism
 
 
1. The Parties shall, within on e year after the date of entry into force of this Agreement, 
establish appropriate formal dispute settlement proc edures and mechanism for the purposes of this 
Agreement. 
 
2. Pending the establishment of the formal dispute settlement procedures and mechanism under 
paragraph 1 above, any disputes concerning the interp retation, implementation or application of this 
Agreement shall be settled amicably by  consultations and/or mediation. 
 
Article 12 
 
Institutional Arrangements for the Negotiations  
 1. The ASEAN-China Trade Negotiation Commi ttee (ASEAN-China TNC) that has been 
established shall continue to car ry out the programme of negotiations set out in this Agreement. 
 
2. The Parties may establish other bodies as may be necessary to co-ordinate and implement any 
economic cooperation activities undertak en pursuant to this Agreement. 
 3. The ASEAN-China TNC and any aforesaid bodies shall report regularly to the ASEAN 
Economic Ministers (AEM) and the Minister of the Ministry of Foreign Trade and Economic 
Cooperation (MOFTEC) of China, through the meetings of the ASEAN Senior Economic Officials 
(SEOM) and MOFTEC, on the progress and outcome of its negotiations. 
 
4. The ASEAN Secretariat and MOFTEC shall join tly provide the necessary secretariat support 
to the ASEAN-China TNC whenever and wherever negotiations are held. 
 
Article 13 
 
Miscellaneous Provisions
 
 
1. This Agreement shall include the Annexes a nd the contents therein, and all future legal 
instruments agreed pursuant to this Agreement.  
2. Except as otherwise provided in this Agreemen t, this Agreement or any action taken under it 
shall not affect or nullify the rights and obligations of a Party under existing agreements to which it is 
a party. 
 
3. The Parties shall endeavour to  refrain from increasing restrictions or limitations that would 
affect the application of this Agreement. 
 
Article 14 
 
Amendments
 
 
The provisions of this Agreement may be mo dified through amendments mutually agreed 
upon in writing by the Parties. 
  WT/COMTD/51 
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 Article 15 
 
Depositary  
 
For the ASEAN member States, this Agreement shall be deposited with the Secretary-General 
of ASEAN, who shall promptly furnish a certified copy thereof, to each ASEAN Member State. 
 
Article 16 
 
Entry into Force  
 
1. This Agreement shall enter into force on 1 July 2003. 
 
2. The Parties undertake to complete their internal procedures for the entry into force of this 
Agreement prior to 1 July 2003. 
 3. Where a Party is unable to complete its intern al procedures for the entry into force of this 
Agreement by 1 July 2003, the rights and obligations of that Party under this Agreement shall 
commence on the date of the completio n of such internal procedures. 
 
4. A Party shall upon the completion of its internal  procedures for the entry into force of this 
Agreement notify all the other parties in writing.  
 
IN WITNESS WHEREOF,  WE have signed this Framework Agreement on Comprehensive 
Economic Cooperation between the Association of South East Asian Nations and the People's 
Republic of China. 
 
DONE  at Phnom Penh, this 4th day of November, 2002 in duplicate copies in the English language. 
 
 
 
 
for Brunei Darussalam for the People's Republic of China 
 
  
 
HAJI HASSANAL BOLKIAH ZHU RONGJI 
Sultan of Brunei Darussalam Premier 
 
 
 
 
for the Kingdom of Cambodia 
 
 
  HUN SEN 
Prime Minister 
 
 WT/COMTD/51 
Page 12  
 
 for the Republic of Indonesia For the Lao People's Democratic Republic  
 
 
 
 
MEGAWATI SOEKARNOPUTRI BOUNNHANG VORACHITH 
President Prime Minister 
 
 
  for Malaysia for the Union of Myanmar 
 
 
 
 MAHATHIR BIN MOHAMAD SENIOR GENERAL THAN SHWE 
Prime Minister Chairman of the State Peace and Development 
 Council and Prime Minister 
 
   
for the Republic of the Philippine s for the Republic of  Singapore 
 
 
 
 
GLORIA MACAPAGAL-ARROYO GOH CHOK TONG 
President Prime Minister 
 
 
 
 
for the Kingdom of Thailand for the Socialist Republic of Viet Nam 
  
 
 
POL. LT. COL. THAKSIN SHINAWATRA PHAN VAN KHAI 
Prime Minister Prime Minister 
 
 
  WT/COMTD/51 
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PROTOCOL TO AMEND THE FRAMEWORK AGREEMENT ON  
COMPREHENSIVE ECONOMIC COOPERATION BETWEEN  
THE ASSOCIATION OF SOUTH EAST ASIAN NATIONS  
AND THE PEOPLE'S REPUBLIC OF CHINA  
 
 
The Governments of 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, the Socialist Republic of Vietnam, Member States of the Association of S outh East Asian Nations (collectively "ASEAN" or 
"ASEAN member States") and the People's Republic of China ("China"); 
 
Recalling  the Framework Agreement on Comprehensive Economic Cooperation between 
ASEAN and China (hereinafter referred as "the  Framework Agreement") signed on 4 November 
2002;   
Recognizing  that any Party may accelerate its tariff reduction and elimination for products 
covered under the Framework Agreement, includ ing any commitments covered under the Early 
Harvest Programme of the Framework Agreement; 
 
Recognizing  also the requirement for some ASEAN member States to complete their 
negotiations with China in respect of the Earl y Harvest Programme provided under the Framework 
Agreement; 
 
Seeking to incorporate into the Framework Agreemen t the Rules of Origin applicable to the 
products covered under the Early Harvest Programme of the Framework Agreement;  
 
Seeking  also to revise the contents of the existing Annex 1 and Annex 2 of the Framework 
Agreement in order to include the subsequent Early Harvest agreements between some ASEAN 
member States and China and to insert the relevant HS Codes and product descriptions; 
 
Desiring  to clarify the implementation of the provis ions of the Early Harvest Programme of 
the Framework Agreement;   
Desiring  also to provide for the terms and condition s for the acceleration of tariff reduction 
and/or elimination for products covered under the Early Harvest Programme of the Framework 
Agreement through bilateral or plur ilateral arrangements and to provide  for such arrangements to be 
administratively annexed to the Framework Agreement; 
 
Noting  that Article 14 of the Framework Agreement provides for any amendments thereto to 
be mutually agreed upon in  writing by the Parties; 
 
Have agreed as follows: 
 
Article 1 
 
Amendment of Article 6(3)(a)(iv) of the Framework Agreement
 
 
Article 6(3)(a)(iv) of the Fram ework Agreement shall be deleted and substituted entirely by a 
new Article 6(3)(a)(iv ) as set out below: 
 WT/COMTD/51 
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 "(iv) For those parties which are unable to complete the appropriate product lists in 
Annex 1
 or Annex 2 , the lists may still be drawn up by mutual agreement 
consistent with the implementation timeframe set out in Annex 3  to this 
Agreement." 
 
Article 2 
 
Amendment of Article 6(3)(b)(i) of the Framework Agreement  
 
Article 6(3)(b)(i) of the Framework Agreement sha ll be substituted by a new Article 6(3)(b)(i) 
as set out below: 
 
"(i) All products covered under the Early Harvest Programme shall be divided 
into 3 product categories for tariff reduction and elimination as defined and to 
be implemented in accordance with the timeframes set out in Annex 3  to this 
Agreement.  This paragraph shall not prevent any Party from accelerating its 
tariff reduction and/or elimination if it so wishes, subject to the following 
terms and conditions: 
(1) A Party may accelerate its tariff reduction and/or elimination under this Article in 
relation to the rest of the parties on a unilateral basis; 
 
(2) One or more ASEAN member States may also conduct negotiations and enter into a 
bilateral or plurilateral acceleration arrangement with China to accelerate their tariff 
reduction and/or elimination under this Article; 
 
(3) Before the commencement of negotia tions of any arrangement pursuant to 
subparagraph 2 of Article 6(3)(b)(i) of this  Agreement, all parties which decide to 
enter into such negotiations shall give jo int written notification to the other ASEAN 
member States at least one month before entering into such negotiations, so that any 
one or more of the ASEAN member States may participate in such negotiations if 
they so wish.  Any ASEAN Member State that intends to participate in such 
negotiations shall notify the original parties intending to enter into such negotiations 
of its intention in writing, and shall provide copies of such notification to the other ASEAN member States thro ugh the ASEAN Secretariat; 
 
(4) Any individual ASEAN Member State shall be permitted to accede to any 
arrangement concluded pursuant to subpara graph 2 of Article 6(3)(b)(i) of this 
Agreement, provided that it undertakes to be fully bound by the entire package of 
commitments under such arrangement with  respect to product coverage, tariff 
schedule, and implementation timeframe, as prescribed by such arrangement.  For 
newer ASEAN member States, special and differential treatment and flexibility on 
the implementation timeframe shall be provided;  
 
(5) In implementing tariff reduction and/or elimination under any arrangement concluded 
pursuant to subparagraph 2 of Article 6(3) (b)(i) of this Agreement, the Rules of 
Origin as set out in Annex 5, of th is Agreement shall be applicable;  
 
(6) Any arrangement concluded pursuant to subp aragraph 2 of Article 6(3)(b)(i) of this 
Agreement shall be jointly notified by the concluding parties to the rest of the 
ASEAN member States through the ASEA N Secretariat, whic h shall annex it 
administratively to this Agreement without the need for any Protocol to amend this  WT/COMTD/51 
 Page 15 
 
 
 Agreement.  The ASEAN Secretariat shall provide every ASEAN Member State and 
China with a copy of such arrangement with the appropriate annex numbering; 
 
(7) Any ASEAN Member State that intends to accede to any arrangement concluded 
pursuant to subparagraph 2 of Article 6(3) (b)(i) of this Agreement shall notify the 
original parties to such arrangement of its intention in writi ng, and shall provide 
copies of such notification to the other ASEAN member States through the ASEAN 
Secretariat;  and 
 
(8) Any acceleration arrangement concluded pursuant to the terms and conditions set 
forth in Article 6(3)(b)(i) of this Agreem ent, including any acceleration arrangement 
concluded before the entry into force of this Agreement, shall form an integral part of 
this Agreement." 
 
Article 3 
 
Amendment of Article 6(3)(c) of the Framework Agreement  
 
1. Article 6(3)(c) of the Framework Agreement shall be amended by inserting a new paragraph 
immediately after the existing Article 6(3)(c) of the Framework Agreement and by renumbering those 
paragraphs as Article 6( 3)(c)(i), Article 6(3)(c)( ii) and Article 6(3)(c)(iii)  respectively as follows: 
 
"(c) Rules of Origin  
 
(i) The Rules of Origin are set out in Annex 5  of this Agreement. 
 
(ii) The text of the Rules of Origin sha ll be applicable to the products covered 
under the Early Harvest Programme.  
 
(iii) Negotiations on the Product Specific Ru les, which appear as Attachment B of 
the Rules of Origin, shall commence in January 2004." 
 
2. The Framework Agreement is amended by inserting as Annex 5  the Rules of Origin set out in 
Appendix 1  of this Protocol. 
 
Article 4 
 
Amendment to insert new Article 12A into the Framework Agreement  
 
The Framework Agreement shall be amended by  inserting a new Article 12A immediately 
after the existing Article 12 of the Framework Agreement as follows: 
 
"Article 12A 
 
Agreements Outside this Agreement  
 
Nothing in this Agreement shall prevent or  prohibit any individual ASEAN Member State 
from entering into any bilateral or  plurilateral agreement with China and/or the rest of the ASEAN 
member States relating to trade in goods, trade in services, investment, and/or other areas of economic 
cooperation outside the ambit of this Agreement.  The provisions of this Agreement shall not apply to 
any such bilateral or plurilateral agreement." 
 WT/COMTD/51 
Page 16  
 
 Article 5 
 
Substitution of Annex 1 of  the Framework Agreement
 
 
The existing Annex 1 of the Framework Agreemen t shall be substituted by the new Annex 1  
as set out in Appendix 2  of this Protocol. 
 
Article 6 
 
Substitution of Annex 2 of  the Framework Agreement  
 
The existing Annex 2  of the Framework Agreement shall be substituted by the new Annex 2 
as set out in Appendix 3  of this Protocol. 
 
Article 7 
 
Incorporation of Early Harvest Schedules of Commitments  
 
All Parties shall incorporate all of their comm itments under the Early Harvest Programme of 
the Framework Agreement, as contained in Appendix 2  and Appendix 3  of this Protocol, in their 
respective schedules of the Early Harvest Concessi ons, which will form an integral part of the 
Framework Agreement, and shall promptly deposit such Schedules of Commitments with the ASEAN 
Secretariat. 
 
Article 8 
 
Entry into Force  
 
1. This Protocol shall form an integral part of the Framework Agreement and shall enter into 
force upon the date of signature. 
 
2. For ASEAN member States, this Protocol shall be deposited with the ASEAN Secretariat 
which shall promptly furnish a certified copy  thereof to each ASEAN member State. 
 
 
IN WITNESS WHEREOF, the undersigned being duly authorised  by their respective Governments, 
have signed this Protocol to Amend the Fr amework Agreement on Comprehensive Economic 
Cooperation between the Association of South East Asian Nations and the People's Republic of 
China.  
DONE at Bali, Indonesia this Sixth Day of Octobe r in the Year Two Thousand and Three, in 
duplicate copies in the English language.  WT/COMTD/51 
 Page 17 
 
 
  
for Brunei Darussalam for the People's Republic of China 
 
 
 
 
Pehin Dato Abdul Rahman Taib Yu Guangzhou 
Minister of Industry and Primary Resources Vice Minister of Commerce 
 
   
for the Kingdom of Cambodia for the Republic of Indonesia 
 
 
  
Cham Prasidh Rini M. S. Soewandi 
Minister of Commerce Minister of Industry and Trade 
 
   
 
for the Lao People's Democratic Republic for Malaysia 
 
 
 
 
 
Soulivong Daravong Dato' Seri Rafidah Aziz 
Minister of Commerce Minister of International Trade and Industry 
 
 
 
 for the Union of Myanmar for th e Republic of the Philippines 
 
 
 
 
U Khaw Thu MAR Roxas 
Deputy Minister of Foreign Affairs Secretary of Trade and Industry 
 
 
 
 WT/COMTD/51 
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 for the Republic of Singapore for the Kingdom of Thailand 
 
 
 
 
 
B.G. (NS) George Yong-Boon Yeo Adisai Bodharamik 
Minister of Trade and Industry Minister of Commerce 
 
   
for the Socialist Republic of Viet Nam 
 
 
  
Truong Dinh Tuyen 
Minister of Trade 
 
  
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