WORLD TRADE  
ORGANIZATION  TN/TF/W/105 
26 May 2006 
 (06-2527) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM ASEAN 
  
 The following communication, dated 24 May 2006, is being circulated at the request of the 
Delegation of Singapore, on behalf of ASEAN. 
 
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EXPERIENCE ON THE DEVELOPMENT OF THE ASEAN SINGLE WINDOW 
 
 1. ASEAN Member Countries are circulating the attached "Agreement to Establish and 
Implement the ASEAN Single Window" [hereinafter referred to as  "ASEAN Agreement"] to share 
our experience on the development of our single window.  We believe that this could contribute to the  
Negotiating Group on Trade Facilitation's work in this area.  This is circulated without prejudice to 
the individual ASEAN countries' position in this negotiation. 
2. The "ASEAN Agreement" was signed by Ministers Responsible For Trade in Kuala Lumpur, 
Malaysia on 9 December 2005.  The "ASEAN Agreemen t" is intended to support the implementation 
of the ASEAN Free Trade Area and is envisaged to be one of the mechanisms to realize the ASEAN 
Economic Community. 
3. It should be noted that the "ASEAN Agreem ent" is not the ASEAN Single Window.  It 
provides guidance to the development of the Si ngle Window.  The ASEAN Single Window, when it 
becomes operational, would be the environment where National Single Windows of ASEAN Member 
Countries would operate and integrate.  Th e ASEAN Single window is a trade facilitating 
environment operating on the basis of standardized information parameters, procedures, formalities, 
international best practices, as relevant, to th e release and clearance of goods at entry points of 
ASEAN under any particular customs regime. 
4. The National Single Window is a system which enables: 
(i) a single submission of data and information; 
(ii) a single and synchronous processing of data and information; and 
(iii) a single decision-making for customs release and clearance.  A single 
decision-making shall be uniformly interpreted as a single point of decision 
for the release of cargoes by the Customs on the basis of decisions, if required, taken by line ministries and agencies and communicated in a timely manner to the Customs. TN/TF/W/105 
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  5. The "ASEAN Agreement" states that Member Countries would ensure that transactions, 
processes and decisions under their National Si ngle Windows and the ASEAN Single Window are 
performed, carried out, or made in a manner complying with the principles of: 
(i) consistency; 
(ii) simplicity; 
(iii) transparency; and 
(iv) efficiency. 
6. Article 5 of the "ASEAN Agreement" contains  some of the following obligations for the 
ASEAN Member countries: 
(i) Member Countries are to develop and implement their National Single 
Windows in a timely manner for the establishment of the ASEAN Single 
Window.  In this connection, it is foreseen that the original ASEAN-6 Members (i.e. Brunei Darussalam, Indonesia, Malaysia, Philippines, 
Singapore and Thailand) would operationalize their National Single Windows by 2008, at the latest.  The newer Members of ASEAN (i.e. 
Cambodia, Lao PDR, Myanmar, and Viet Nam) would operationalize their 
National Single Windows no later than 2012. 
(ii) Member Countries are to ensure that  their line ministries and agencies 
cooperate with, and provide necessary information to their Lead agency in accordance with their national laws in the development and implementation of their National Single Windows. 
(iii) Member Countries are to make use of information and communication 
technology that are in line with releva nt internationally accepted standards in 
the development and implementation of their National Single Windows. 
(iv) Member Countries are to work in partnership with industries and businesses 
to support the establishment of their National Single Windows. 
7. The "ASEAN Agreement" is not a static one .  The Ministers responsible for ASEAN 
economic integration are to meet whenever necessar y to review this Agreement for the purpose of 
considering further measures to improve the de velopment and/or implementation of the ASEAN 
Single Window.  The provisions of the "ASEAN Agre ement" may be modified through amendments 
to be mutually agreed upon in writing by all Member Countries. 
8. The above-mentioned points are by no means exha ustive. They highlight some of the main 
provisions of the "ASEAN Agreement".  Members are invited to study the "ASEAN Agreement" in 
its entirety. 
9. Further to the above, Technical Assistance and Capacity Building are integral to the 
development of the ASEAN Single Window.  In this  regard, we acknowledge the technical assistance 
that ASEAN has received from the EC under the ASEAN-EC Program for Regional Integration 
Support.  Further Technical Assistance and Capac ity Building may be needed by individual ASEAN 
Member Countries, as applicable, for the deve lopment and operation of their National Single 
Windows.  TN/TF/W/105 
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  10. Further information on the "ASEAN Agreement" and the ASEAN Single Window can be 
obtained from a presentation made at a recent UNECE workshop:  
- www.unece.org/trade/workshop/sw_2006/presentations/s3_ASEAN.ppt.  
11. More general information on cooperation between the ASEAN Member Countries on customs 
matters, including on the "ASEAN Agreement", can be found on the website of the ASEAN 
Secretariat:   
- www.aseansec.org/14261.htm 
 
 
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 TN/TF/W/105 
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  ANNEX
 
 
AGREEMENT TO ESTABLISH AND IMP LEMENT THE ASEAN SINGLE WINDOW  
KUALA LUMPUR, 9 DECEMBER 2005 
 
The Governments of Brunei Darussalam, the Kingdom  of Cambodia, the Republic of Indonesia, 
the Lao People’s Democratic Republic (hereinaft er referred to as "Lao PDR"), 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,  Member Countries of the Association of South 
East Asian Nations (hereinafter collectively re ferred to as "ASEAN" or "Member Countries" or 
individually as "Member Country"):  RECALLING  the Declaration of ASEAN Concord II (Bali Concord II) of October 7 2003, 
pursuant to which ASEAN is working toward s the realisation of an ASEAN Economic 
Community by 2020;   RECALLING  that in moving towards the ASEAN Economic Community, ASEAN shall, inter 
alia, institute new mechanisms and measures to strengthen the implementation of its existing 
economic initiatives including the ASEAN Free Trade Area (AFTA); 
 RECOGNISING  that the ASEAN Cooperation in Cust oms supports the implementation of 
AFTA, and the establishment of the ASEAN Econom ic Community through its trade facilitation 
measures; 
 
RECALLING  the decision of the Leaders for ASE AN to adopt the Single Window approach 
including the electronic processing of trade docum ents at national and regional level as one of 
the mechanisms to realise the ASEAN Economic Community; 
 
RECALLING Article 8(f) of the ASEAN Framework Agre ement for the Integration of Priority 
Sectors, that Member Countries shall develop the Single Window approach, including the electronic processing of trade documents at national and regional level by 31 December 2005;  RECALLING  that ASEAN Customs Administrations are ultimate decision-makers for release 
and clearance of cargo at im port and export points on the basis of communicated information 
from agencies of Member Countries; 
 RECALLING the leading role by ASEAN Customs Admini strations in the international supply 
chain, and in trade facilitation initiatives;  
NOTING  international best practices and provis ions of GATT 1994 and the International 
Convention on the Simplification and Harmoniza tion of Customs Procedures as well as other 
internationally accepted legal instrument s for trade facilitation as reference; 
 AGREEING  that an effective and efficient arrangement to expedite customs release and 
clearance will promote trade facilitation, achieve be tter economic efficiency and effectiveness of 
ASEAN economies and further the establishment of the ASEAN Economic Community by the 
year 2020;  MINDFUL  of the different levels of  economic development and di verse cultural backgrounds of 
Member Countries; 
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  MINDFUL  of different systems and documentation re quirements for clearance of goods in use 
in Member Countries; and  DESIRING  to establish the legal framework for the establishment and the implementation of the 
ASEAN Single Window in Member Countries, 
 
HAVE AGREED AS FOLLOWS: 
 
PART I  
GENERAL PROVISIONS 
 
Article 1 
Definition of the ASEAN Single Window  
and the National Single Window 
 1. The ASEAN Single Window is the environment where National Single Windows of 
Member Countries operate and integrate.  
2. The National Single Window is a system which enables: 
(a) a single submission of data and information;  
(b) a single and synchronous processing of  data and information; and  
(c) a single decision-making for customs release and clearance.  A single decision-
making shall be uniformly interpreted as a single point of decision for the release of cargoes by the Customs on the b asis of decisions, if required, taken by 
line ministries and agencies and communicated in a timely manner to the Customs. 
Article 2 
General Definitions 
 
For the purposes of this Agreement:  1. Customs Administration" means the government  agency which is responsible for the 
administration of Customs law a nd related national legislation. 
2. "Lead agency" means the government agency appointed by Member Countries to take 
the leading role in the establishment and the implementation of the ASEAN Single Window.  
3. "Line ministries and agencies" means governme nt agencies which are responsible for the 
administration and enforcement of trade laws and regulations as relevant to the release and 
clearance of cargo. 
 
 
 
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  PART II 
OBJECTIVES AND PRINCIPLES 
Article 3 
Objectives 
 The objectives of this Agreement to Estab lish and Implement the ASEAN Single Window 
(hereinafter referred to as "this Agreement") are:  
(a) To provide a legal framework to establish and implement the ASEAN Single 
Window; 
(b) To ensure the implementation of regional commitments by ASEAN to establish 
and implement the ASEAN Single Window; 
(c) To strengthen the coordination an d partnership among ASEAN Customs 
Administrations and relevant line ministries and agencies, and economic operators (importers, exporters, trans port operators, express industries, customs 
brokers, forwarders, commercial banking  entities and financial institutions, 
insurers, and those relevant to the intern ational supply chain) to effectively and 
efficiently implement the ASEAN Single Window. 
Article 4 
Principles of the implementation of the ASEAN Single Window 
 
Member Countries shall ensure that transactions , processes and decisions under their National 
Single Windows and the ASEAN Single Window are performed, carried out or made in a manner complying with the principles of:  1. consistency; 
2. simplicity; 
3. transparency; and 
4. efficiency. 
PART III 
DEVELOPMENT OF THE ASEAN SINGLE WIN DOW 
 
Article 5 
Obligations of Member Countries 
 
1. Member Countries shall develop and implem ent their National Single Windows in a 
timely manner for the establishment of th e ASEAN Single Window. Brunei Darussalam, 
Indonesia, Malaysia, Philippines, Thailand and Singapore shall operationalize their National 
Single Windows by 2008, at the latest. Cambodia, Lao PDR, Myanmar, and Viet Nam shall operationalize their National Single Windows no later than 2012. 
 
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  2. Member Countries shall ensure that their line ministries and agencies co-operate with, 
and provide necessary information to their Lead ag ency in accordance with their national laws in 
the development and implementation of their National Single Windows. 
3. Member Countries shall make use of info rmation and communication technology that 
are in line with relevant internationall y accepted standards in the development and 
implementation of their National Single Windows. 
4. Member Countries shall work in partners hip with industries and businesses to support 
the establishment of their National Single Windows. 
Article 6 
Technical Matters of the ASEAN Single Window 
 
Member Countries shall, by means of a Protocol to be agreed upon, adopt relevant internationally accepted standards, procedures, documents, technical details and formalities for 
the effective implementation of the ASEAN Single Window. 
 
PART IV 
IMPLEMENTATION  
 
Article 7 
Monitoring Mechanisms 
 1. The Ministers responsible for ASEAN economic integration, with the assistance of the 
Senior Economic Officials Meeting (SEOM) a nd the ASEAN Directors- General of Customs, 
shall regularly oversee, monitor, coordinate and review the implementation of this Agreement. 
2. The ASEAN Secretariat shall: 
(a) provide support to the Ministers, the SEOM, the ASEAN Directors-General of 
Customs and relevant ASEAN bodies for overseeing, monitoring, coordinating 
and reviewing the implementati on of this Agreement; and 
(b) regularly report to the SEOM and the ASEAN Directors-General of Customs 
and Leaders of agencies of regional economic integration on the progress in the implementation of this Agreement. 
PART V 
OTHER PROVISIONS 
 
Article 8 
Dispute Settlement 
 The provisions of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at 
Vientiane, Lao PDR on the 29th day of November  2004, shall apply to disputes arising under 
this Agreement.   
 
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  Article 9 
Further Measures 
 
The Ministers responsible for ASEAN economic inte gration shall meet   whenever necessary to 
review this Agreement for the purpose of c onsidering further measures to improve the 
development and/or implementation of the ASEAN Single Window. 
 
Article 10 
Final Provisions 
 
1. The provisions of this Agreement may be modi fied through amendments to be mutually 
agreed upon in writing by all Member Countries. 
2. This Agreement shall be deposited with th e Secretary-General of ASEAN, who shall 
promptly furnish a certified copy thereof to each Member Country. 
Article 11 
Entry into Force 
 
1. This Agreement shall enter into force upon signing. 
2. Each Member Country shall, upon the completion of its national procedures of 
ratification of this Agreement, notif y the ASEAN Secretariat in writing. 
IN WITNESS WHEREOF , the undersigned, being duly authorised thereto by their respective 
Governments, have signed this Agreement to  Establish and Implement the ASEAN Single 
Window.  DONE  at Kuala Lumpur, Malaysia, on this Ninth Day of December in the Year Two Thousand 
and Five, in a single copy in the English language. 
 
 
For the Government of Brunei Darussalam: 
  
LIM JOCK SENG 
Second Minister of Foreign Affairs and Trade 
For the Royal Government of Cambodia: 
 
CHAM PRASIDH 
Senior Minister and Minister of Commerce 
For the Government of the Republic of Indonesia: 
 
MARI ELKA PANGESTU 
Minister of Trade 
 
 
    
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  For the Government of the Lao People’s Democratic Republic: 
 
SOULIVONG DARAVONG 
Minister of Commerce 
  
For the Government of Malaysia: 
 
RAFIDAH AZIZ 
Minister of International Trade and Industry 
 
  
For the Government of the Union of Myanmar: 
 
SOE THA 
Minister of National Planning and Economic Development 
 
 
For the Government of the Republic of the Philippines: 
 
PETER B. FAVILA 
Secretary of Trade and Industry 
 
 
For the Government of the Republic of Singapore: 
 
LIM HNG KIANG 
Minister for Trade and Industry 
 
 
For the Government of Thailand: 
 
SOMKID JATUSRIPITAK 
Deputy Prime Minister and Minister of Commerce 
 
 
For the Government of the Socialist Republic of Viet Nam: 
 
TRUONG DINH TUYEN 
Minister of Trade 
 
 
 
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