《中国-东盟全面经济合作框架协议》英文
请问大陆和台湾签署的ecpa协议的主要内容是什么
请问大陆和台湾签署的ecpa协议的主要内容是什么？请详细些，万分感谢悬赏分：30 |解决时间：2010-1-5 08:54 |提问者：kennidiren最佳答案【1】首先应该明确ECFA,CECA和CEPA的区别你说的这个这个应该是ECFA，即两岸经济合作架构协议ECFA, Economic Cooperation Framework AgreementECFA的原来名称是CECA，两岸综合性经济合作协定英文简称CECA, Comprehensive Economic Cooperation Agreement而ECFA，是受CEPA制定而启发的CEPA指的是《内地与香港关于建立更紧密经贸关系安排》(Closer Economic Partnership Arrangement)的英文简称，后来加上了《内地与澳门关于建立更紧密经贸关系的安排》所以这3者的关系是：中国大陆和香港、澳门制定了CEPA，注定会有更紧密的经贸关系而台湾为了在经贸关系上不被大陆、港澳、东盟以及日韩边缘化提出制定CECA（类似CEPA），后来这个CECA改称为ECFA【2】接下来看ECFA的内容ECFA是是台湾于2009年提出并极力推动的经济协议或条约。
此协定名称中的“两岸”，系指台湾海峡两岸的台湾及中国大陆。
缘起2010年，条约内容涵盖东南亚国家联盟十个国家及中国大陆、日本及韩国的《东盟加三经济合作协定》将生效。
协定内涵盖的该等国家，将依照条约内容，渐进互相实施免关税的经济策略。
因为台湾无法加入东盟，部分台湾政经人士认为东盟加三将边缘化台湾并危及台湾整体经济。
2009年1月，中国国民党及台湾内多个工商团体开始呼吁执政政府尽速与大陆签署简称“CECA”的综合性经济协约。
赞成此协定的官员及团体成员认为，应尽早协商签署该两岸经贸合作协定，才可以于《东盟加三经济合作协定》实施后，避免台湾遭到被边缘化的经济危机。
他们认为：台湾出口将近四成输出至中国大陆，若《东盟加三经济合作协定》签订导致的东盟国家货品免税进入中国大陆，将让该四成出口大幅减少。
FTA和FTZ的区别以及对我国
FTZ（Free Trade Zone），
源于WCO有关“自由区”的规定，世界海关组织制定的《京都公约》中指出：
“FTZ是缔约方境内的一部分，进入这部分的任何货物，就进口关税而言，通
常视为关境之外。”其特点是一个关境内的一小块区域，是单个主权国家 （地区）的行为，一般需要进行围网隔离，且对境外入区货物的关税实施免 税或保税，而不是降低关税。
FTA和FTZ的区别
FTA和FTZ按其字面意思均被广泛译为“自由贸易区”引起了概念混淆，根本原 因在于对“自由”的理解不当。这两个概念中，FTA是两个或多个国家之间的一 种特别约定，而FTZ是国家内部区域的一种制度安排。 2008年5月我国商务部和海关总署专门就此问题发文，建议将FTA统一译为 “自由贸易区”，将FTZ译为“自由贸易园区”。
我国FTZ的发展特征
1.对外投资方面 2.进出口贸易方面 3.平均关税水平大幅度降低
对我国经济贸易的影响
1.无论是FTZ还是FTA都极大的促进了我国对外开放的程度，促进了资金，货 物，贸易的自由流动和发展。 2.FTZ容易形成扩散优势对周边区域的经济发展带来良性的影响，对周边的地 域形成扩散效应，从真实的身边例子中也可以看出，比如，人们常说，上海 的发展带动了周边城市区的发展，使周边地域经济更发达了，而北京的发展 并没有带动周边城市群的发展，我想很重要的一个原因是上海从一个开埠100 多年的小渔村发展到现在的根本是依靠上海作为一个面向世界的贸易港口， 通过进出口和便利的交通和天然发展国际贸易和货运对周围地域产生辐射， 这个利用FTZ的原理来发展一国经济，诸如早期的改革开发也是借鉴了FTZ的 形式，（画了一个圈）给予让一个区域的税收和土地进出口的优惠政策，让 一个区域优先发展起来来带动附近区域的经济发展，再又东部沿海到整个中 国区域发展。
《中华人民共和国和东南亚国家联盟全面经济合作框架协议》
中华人民共和国和东南亚国家联盟全面经济合作框架协议中华人民共和国（以下简称“中国”）与文莱达鲁萨兰国，柬埔寨王国，印度尼西亚共和国，老挝人民民主共和国，马来西亚，缅甸联邦，菲律宾共和国，新加坡共和国，泰王国和越南社会主义共和国等东南亚国家联盟成员国（以下合称为“东盟”或“东盟各成员国”）：忆及2002年11月4日签署的《中国-东盟全面经济合作框架协议》（以下简称《框架协议》）；认识到任何缔约方都可以对《框架协议》所涵盖产品加速实施降低关税和取消关税，包括加速实施涵盖在《框架协议》早期收获计划中的任何承诺；认识到根据《框架协议》的规定，一些东盟成员国需要完成与中国的关于早期收获计划的谈判；希望将适用于《框架协议》早期收获计划中所涵盖产品的原产地规则纳入《框架协议》；希望修改《框架协议》现有的附件1和附件2的内容，以纳入中国与一些东盟成员国之间达成的早期收获协议，并增补相关的ＨＳ税号和产品描述；期望对《框架协议》中早期收获计划的各项条款的实施予以澄清说明；期望通过双边或诸边协议或安排来对加速实施《框架协议》早期收获计划中所涵盖产品降低和／或取消关税的方式和条件做出规定，并规定将此类协议或安排有效地附于《框架协议》：注意到《框架协议》第14条规定，任何以后的修订都需要各缔约方以书面形式相互同意。
现达成协议如下：第一条对《框架协议》第6条第3款（ａ）（ｉＶ）的修订删除《框架协议》第6条第3款（ａ）（ｉｖ），由如下新的第6条第3款（ａ）（ｉｖ）取代：对于未能完成附件1和附件2中的适当的产品清单的缔约方，产品清单仍可在相互同意的基础上并根据本协议附件3规定的实施时间框架制订完成。
第二条对《框架协议》第6条第3款（ｂ）（ｉ）的修订删除《框架协议》第6条第3款（ｂ）（ｉ），由如下新的第6条第3款（ｂ）（ｉ）取代：“（ｉ）早期收获计划中涵盖的所有产品都应按照规定划分为三类进行关税削减和关税取消，并按照本协议附件3中所列的时间框架执行。
东盟的历史和现实作用
东盟的历史和现实作用姓名：***学号：********东盟的历史和现实作用摘要：东盟是东亚区域中的次级区域合作组织，早在1990年东南亚国家的领导人就提出了有关建构类似东亚共同体的构想，本文主要简介了东南亚国家联盟的机构组成、发展历史以及现实作用关键词：东盟；东南亚；区域合作；东亚共同体0 引言东南亚国家联盟(Association of Southeast Asian Nations)，简称东盟(ASEAN)。
东盟的前身是马来亚（现马来西亚）、菲律宾和泰国于1961年7月31日在曼谷成立的东南亚联盟。
1967年8月7－8日，印度尼西亚、泰国、新加坡、菲律宾四国外长和马来西亚副总理在曼谷举行会议，发表了《曼谷宣言》，正式宣告东南亚国家联盟成立。
东南亚国家联盟成为政府间、区域性、一般性的国家组织。
1967年8月28－29日，马、泰、菲三国在吉隆坡举行部长级会议，决定由东南亚国家联盟取代东南亚联盟。
东盟秘书处设在印度尼西亚首都雅加达。
1 东盟的简介1967年8月8日，菲律宾、印度尼西亚、马来西亚、泰国、新加坡五国外长在曼谷召开会议，发表《曼谷宣言》，成立东南亚国家联盟（Association of Southeast Asian Nations-ASEAN），简称东盟。
1.1 宗旨东盟追求的宗旨是：本着平等合作的精神，通过共同努力来加速地区的经济增长、社会进步和文化发展；增进地区间的积极合作和相互援助，同国际组织和区域性组织保持紧密和有益的合作。
1.2 成员国10个（截至2011年8月）：文莱（1984年）、柬埔寨（1999年）、印度尼西亚、老挝（1997年）、马来西亚、缅甸（1997年）、菲律宾、新加坡、泰国、越南（1995年）。
美国与俄罗斯于2011年加入东盟领导的东亚峰会。
观察员国：巴布亚新几内亚。
候选成员国：东帝汶。
战略伙伴：印度东盟10国总面积约447万平方公里，人口6.01亿，是一个具有相当影响力的区域性组织。
东盟自贸区英语词汇
中国外交部Ministry of Foreign Affairs, P.R.China ()文莱外交与贸易部Ministry of Foreign Affairs & Trade,Brunei Darussalam (.bn/) 柬埔寨外交与国际合作部Ministry of Foreign Affairs & International Cooperation,Cambodia (.kh/)Indonesia印度尼西亚Lao PDR老挝Myanmar缅甸Malaysia 马来西亚Philippines 菲律宾Singapore 新加坡Thailand 泰国Viet Nam 越南ASEAN secretariat 东盟秘书处中国东盟自由贸易区China-ASEAN Free Trade Aera(CAFTA)大湄公河次区域Greater MeKong Sub-region(GMS)东南亚国家联盟Association of Southeast Asian Nations(ASEAN)CAFTA Tariff Reduction Program 自贸区降税计划Trade in Goods 货物贸易Trade in Services 服务贸易Dispute Settlement Mechanism 争端解决机制The 10 priority cooperation fields between China and ASEAN 中国-东盟十大优先合作领域Human resources development 人力资源开发Two-way investment 双向投资MeKong River Basin development 湄公河流域开发Information and communications technology(ICT) 信息产业Transport 交通energy 能源cultrue 文化tourism 旅游public health公共卫生火龙果fire-dragon fruit 榴莲durian 山竹mangosteen 红毛丹rambutan Briefing推介会amount to 高达China and ASEAN are close neighbors connected by mountains and rivers中国和东盟山水相连、人脉相依。
ECFA,CECA和CEPA
四、"早期收获"计划的主要内容。为使双方尽快享受到自贸区的好处，双方制订了"早期收获" 计划，决定从2004年1月1日起对500多种产品（主要是《税则》一至第八章的农产品）实行降税，到2006年这些产品的关税降到零。
五、关于给予东盟非WTO成员以多边最惠国待遇的承诺。东盟中越南、老挝、柬埔寨尚未加入WTO。为了帮助这些国家发展，我国同意给予东盟非WTO成员以多边最惠国待遇，即将我国加入WTO时的承诺适用于这些国家。
按照协议规定，货物贸易方面，由2004年1月1日起，273个内地税目涵盖的香港产品，只要符合原产地规则，都可享有零关税优惠。这些产品包括部分电机及电子产品、塑料产品、纸制品、纺织及成衣制品、化学制品、药物、钟表、首饰、化妆品及金属制品等；最迟于2006年1月1日前，只要符合CEPA的原产地原则，香港厂商都可经申请享有零关税优惠。香港特区同意在协议下对所有原产于内地的货品维持零关税，并且不会对该等货品实施限制性贸易法规。服务贸易方面，协议规定17个服务行业获得放宽准入；至于贸易投资便利化方面，双方同意在7个范围内加强合作，包括：贸易投资促进、通关便利化、商品检验检疫、电子商务、法律透明度、中小企业合作、中医产业合作。
内容
虽然《两岸综合性经济合作协定》内容尚未确定，但是其主要内容要于两岸互通将约定关税减免。也就是两岸达成签署自由贸易协议。在细项上，若比照2010年实施的东盟加三协议，关税免税部份将包含了台湾输往大陆的石化、机械、纺织品及汽车零组件业等经济产业。
因为ECFA并未实际谈判或者签署，所以现在并没有具体内容透露出来
不过可以参照CEPA和《东盟加三经济合作协定》作出一定，另有6个附件，主要涵盖货物贸易、服务贸易和贸易投资便利化等三大范畴。协议的实施目标是逐步取消货物贸易的关税和非关税壁垒，逐步实现服务贸易自由化，促进贸易投资便利化，以提高内地和香港之间的经贸合作水平，实现共同发展。
中国-东盟全面经济合作框架协议内容
中国-东盟全面经济合作框架协议内容中国-东盟全面经济合作框架协议（CAFTA）于2010年1月1日正式生效，这一协议标志着中国与东盟成员国在经济领域的合作迈上了新的台阶。
这一合作框架协议的签署，为中国与东盟国家之间的经济合作提供了更加稳定的政治、法律和金融保障，对于促进中国与东盟国家之间的经济合作、扩大市场、促进双边贸易均有着重要的意义。
这一协议内容丰富，包括了很多领域的合作内容。
首先，CAFTA协议规定了中国与东盟国家在贸易领域的合作内容。
其中规定了双方将在投资、服务、农产品、工业品、采矿等领域进行贸易自由化，取消或降低关税和非关税壁垒，简化贸易程序，进一步推动贸易便利化。
同时，双方还将采取措施，加强贸易合作，促进贸易平衡，共同维护地区的和平与稳定。
其次，该协议还涉及到了投资合作。
协议规定了中国与东盟国家将加强双方在投资领域的合作，并在投资保护、促进投资、解决投资争端等方面进行合作，并为双方企业提供更好的投资环境。
另外，CAFTA协议还包括了财政、金融、农业等多个领域的合作内容。
双方将在这些领域进行合作，促进双方财政、金融、农业等领域的互利合作，实现合作共赢。
此外，CAFTA协议还规定了中国与东盟国家在知识产权保护、科技合作、信息通信等领域的合作内容。
双方将在这些领域进行合作，促进双方在知识产权保护、科技合作、信息通信等领域的合作，实现共同发展。
总体来看，中国-东盟全面经济合作框架协议（CAFTA）的内容非常丰富，包括贸易、投资、财政金融、农业、知识产权保护、科技合作等多个领域的合作内容。
这一协议的签署对中国与东盟国家之间的经济合作具有重要的意义，为促进双方的合作，加强双方的良好关系奠定了坚实的基础。
相信在双方共同努力下，中国与东盟国家之间的经济合作将会不断取得新的成果。
中国与东盟投资协定(英文)20090817113007764
AGREEMENT ON INVESTMENT OF THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO-OPERATION BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND THE ASSOCIATION OF SOUTHEAST ASIANNATIONSThe Government of the People’s Republic of China (“China”) and the Governments of Brunei Darussalam, the Kingdom of Cambodia (“Cambodia”), the Republic of Indonesia (“Indonesia”), the Lao People’s Democratic Republic (“Lao PDR”), Malaysia, the Union of Myanmar (“Myanmar”), the Republic of the Philippines (“Philippines”), the Republic of Singapore, the Kingdom of Thailand (“Thailand”) and the Socialist Republic of Viet Nam (“Viet Nam”), Member States of the Association of Southeast Asian Nations (collectively, “ASEAN”or “ASEAN Member States”, or individually, “ASEAN Member State”);RECALLING the Framework Agreement on Comprehensive Economic Co-operation (“the Framework Agreement”) between China and ASEAN (collectively, “the Parties”, or individually referring to China or to an ASEAN Member State as a “Party”) signed by the Heads of Government/State of China and ASEAN Member States in Phnom Penh, Cambodia on the 4th day of November 2002;RECALLING further Article 5 and Article 8 of the Framework Agreement, where in order to establish a China-ASEAN Free Trade Area and to promote investments and create a liberal, facilitative, transparent and competitive investment regime, the Parties agreed to negotiate and conclude as expeditiously as possible an investment agreement in order to progressively liberalise the investment regime, strengthen co-operation in investment, facilitate investment and improvetransparency of investment rules and regulations, and provide for the protection of investments;NOTING that the Framework Agreement recognised the different stages and pace of development among the Parties and the need for special and differential treatment and flexibility for the newer ASEAN Member States of Cambodia, Lao PDR, Myanmar and Viet Nam;REAFFIRMING the Parties’commitment to establish the China-ASEAN Free Trade Area within the specified timeframes, while allowing flexibility to the Parties to address their sensitive areas as provided in the Framework Agreement, in the realisation of the sustainable economic growth and development goals on the basis of equality and mutual benefits so as to achieve a win-win outcome; REAFFIRMING further the rights, obligations and undertakings of each Party under the World Trade Organization (“WTO”), and other multilateral, regional and bilateral agreements and arrangements,HAVE AGREED AS FOLLOWS:Article 1Definitions1. For the purpose of this Agreement:(a)“AEM” means ASEAN Economic Ministers;(b) “freely usable currency”means any currencydesignated as such by the International MonetaryFund (“IMF”) under its Articles of Agreement andany amendments thereto;(c) “GATS” means the General Agreement on Tradein Services in Annex 1B to the WTO Agreement;(d) “investment” means every kind of asset investedby the investors of a Party in accordance with therelevant laws, regulations and policies1 ofanother Party in the territory of the latter including,but not limited to, the following:(i) movable and immovable property and anyother property rights such as mortgages,liens or pledges;(ii) shares, stocks and debentures of juridicalpersons or interests in the property of suchjuridical persons;(iii) intellectual property rights, including rightswith respect to copyrights, patents andutility models, industrial designs,trademarks and service marks,geographical indications, layout designs ofintegrated circuits, trade names, tradesecrets, technical processes, know-howand goodwill;(iv) business concessions2 conferred by law, orunder contract, including concessions tosearch for, cultivate, extract, or exploitnatural resources; and(v) claims to money or to any performancehaving financial value.1For greater certainty, policies shall refer to those affecting investment that are endorsed and announced by the Government of a Party, and made publicly available in a written form.2Business concessions include contractual rights such as those under turnkey, construction or management contracts, production or revenue sharing contracts, concessions, or other similar contracts and can include investment funds for projects such as Build-Operate and Transfer (BOT) and Build-Operate and Own (BOO) schemes.For the purpose of the definition of investment inthis Sub-paragraph, returns that are investedshould be treated as investments and anyalteration of the form in which assets areinvested or reinvested shall not affect theircharacter as investments;(e) “investor of a Party” means a natural person of aParty or a juridical person of a Party that ismaking3 or has made an investment in theterritories of the other Parties;(f) “juridical person of a Party”means any legalentity duly constituted or otherwise organisedunder the applicable law of a Party, whether forprofit or otherwise, and whether privately-ownedor governmentally-owned, and engaged insubstantive business operations in the territory ofthat Party, including any corporation, trust,partnership, joint venture, sole proprietorship orassociation;(g) “measure”means any law, regulation, rule,procedure, or decision or administrative action ofgeneral application, affecting investors and/orinvestments,taken by a Party including its:(i) central, regional or local governments andauthorities; and(ii) non-governmental bodies in the exercise ofpowers delegated by central, regional orlocal governments and authorities;(h) “MOFCOM” means Ministry of Commerce of thePeople’s Republic of China;3For greater certainty, the phrase “is making”shall refer only to Article 5 (Most-Favoured-Nation Treatment) and Article 10 (Transfers and Repatriation of Profits).(i) “natural person of a Party”means any naturalperson possessing the nationality or citizenshipof, or right of permanent residence in the Party inaccordance with its laws and regulations;4 (j) “returns”mean amounts yielded by or derived from an investment particularly, though notexclusively, profits, interests, capital gains,dividends, royalties or fees;(k) “SEOM”means ASEAN Senior Economic Officials Meetings;(l) “WTO Agreement”means the Marrakesh Agreement Establishing the World TradeOrganization, done at Marrakesh, Morocco onthe 15th of April 1994, as may be amended.2. The definitions of each of the above terms shall applyunless the context otherwise requires, or where a Party has specifically defined any of the above terms for application to its commitments or reservations.4In the case of Indonesia, Lao PDR, Myanmar, Thailand and Viet Nam, which do not grant rights of permanent residence to foreigners or do not accord its permanent residents the same benefits as its nationals or citizens, they shall not be legally obliged to accord the benefits of this Agreement to permanent residents of any of the other Parties, or claim the aforesaid benefits for its permanent residents, if applicable, from any of the other Parties.In the case of China, until such time when China enacts its domestic law on the treatment of permanent residents of foreign countries, the permanent residents of the other Parties shall, provided there is reciprocity from those other Parties, be treated no less favourably than those of third countries, in like circumstances, if such permanent residents waive their rights that may be derived from provisions of dispute resolution under any other investment agreements or arrangements concluded between China and any third country.3. In this Agreement, all words used in the singular shallinclude the plural, and all words in the plural shall include the singular, unless the context otherwise requires.Article 2ObjectivesThe objectives of this Agreement are to promote investment flows and to create a liberal, facilitative, transparent and competitive investment regime in China and ASEAN through the following:(a) progressively liberalising the investment regimesof China and ASEAN;(b) creating favourable conditions for the investmentby the investor of a Party in the territory ofanother Party;(c) promoting the cooperation between a Party andthe investor who has investment in the territory ofthat Party on a mutually beneficial basis;(d) encouraging and promoting the flow ofinvestment among the Parties and cooperationamong the Parties on investment-related matters;(e) improving the transparency of investment rulesconducive to increased investment flows amongthe Parties; and(f) providing for the protection of investments inChina and ASEAN.Article 3Scope of Application1. This Agreement shall apply to measures adopted ormaintained by a Party relating to:(a) investors of another Party; and(b) investments of investors of another Party in itsterritory, which shall be:(i) in respect of China, the entire customsterritory according to the WTO definition atthe time of her accession to the WTO onthe 11th day of December 2001. For thispurpose, for China, “territory”in thisAgreement refers to the customs territory ofChina; and(ii) in respect of ASEAN Member States, theirrespective territories.2. Unless otherwise provided in this Agreement, thisAgreement shall apply to all investments made by investors of a Party in the territory of another Party, whether made before or after the entry into force of this Agreement. For greater certainty, the provisions of this Agreement do not bind any Party in relation to any act or fact that took place or any situation that ceased to exist before the date of entry into force of this Agreement.3. In the case of Thailand, this Agreement shall apply onlyin cases where the investment by an investor of another Party in the territory of Thailand has been admitted, and specifically approved in writing forprotection by its competent authorities,5 in accordance with its domestic laws, regulations and policies.4. This Agreement shall not apply to:(a) any taxation measure. This Sub-paragraph shallnot undermine the Parties’ rights and obligationswith respect to taxation measures:(i) where corresponding rights or obligationsare also granted or imposed under theWTO Agreement;(ii) under Article 8 (Expropriation) and Article10 (Transfers and Repatriation of Profits);(iii) under Article 14 (Investment Disputesbetween a Party and an Investor), onlywhen the dispute arises from Article 8(Expropriation); and(iv) under any tax convention relating to theavoidance of double taxation;(b) laws, regulations, policies or procedures ofgeneral application governing the procurementby government agencies of goods and servicespurchased for governmental purposes(government procurement) and not with a view tocommercial resale or with a view to use in theproduction of goods or the supply of services forcommercial sale;(c) subsidies or grants provided by a Party or to anyconditions attached to the receipt or thecontinued receipt of such subsidies or grants,5The name and contact details of the competent authorities responsible for granting such approval shall be informed to the other Parties through the ASEAN Secretariat.whether or not such subsidies or grants areoffered exclusively to domestic investors andinvestments;(d) services supplied in the exercise of governmentalauthority by the relevant body or authority of aParty. For the purposes of this Agreement, aservice supplied in the exercise of governmentalauthority means any service which is suppliedneither on a commercial basis nor in competitionwith one or more service suppliers; and(e) measures adopted or maintained by a Partyaffecting trade in services.5. Notwithstanding Sub-paragraph 4(e), Article 7(Treatment of Investment), Article 8 (Expropriation), Article 9 (Compensation for Losses), Article 10 (Transfers and Repatriation of Profits), Article 12 (Subrogation) and Article 14 (Investment Disputes between a Party and an Investor) shall apply, mutatis mutandis,to any measure affecting the supply of a service by a service supplier of a Party through commercial presence in the territory of another Party, but only to the extent that they relate to an investment and an obligation under this Agreement, regardless of whether or not such a service sector is scheduled in the Party’s Schedule of Specific Commitments made under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Co-operation between the People’s Republic of China and the Association of Southeast Asian Nations signed in Cebu, Philippines on the 14th day of January 2007.Article 4National TreatmentEach Party shall, in its territory, accord to investors of another Party and their investments treatment no less favourable than it accords, in like circumstances, to its own investors and their investments with respect to management, conduct, operation, maintenance, use, sale, liquidation, or other forms of disposal of such investments.Article 5Most-Favoured-Nation Treatment1. Each Party shall accord to investors of another Partyand their investments treatment no less favourablethan that it accords, in like circumstances, to investorsof any other Party or third country and/or theirrespective investments with respect to admission,establishment, acquisition, expansion, management,conduct, operation, maintenance, use, liquidation, sale,and other forms of disposal of investments. 2．Notwithstanding Paragraph 1, if a Party accords more favourable treatment to investors of another Party orthird country and their investments by virtue of anyfuture agreements or arrangements to which that Partyis a party, it shall not be obliged to accord suchtreatment to investors of another Party and theirinvestments. However, upon request from anotherParty, it shall accord adequate opportunity to negotiatethe benefits granted therein.3. The treatment, as set forth in Paragraph 1 andParagraph 2, shall not include:(a) any preferential treatment accorded to investorsand their investments under any existing bilateral,regional or international agreements, or anyforms of economic or regional cooperation withany non-Party; and(b) any existing or future preferential treatmentaccorded to investors and their investments inany agreement or arrangement between oramong ASEAN Member States or between anyParty and its separate customs territories.4. For greater certainty, the obligation in this Article doesnot encompass a requirement for a Party to extend to investors of another Party dispute resolution procedures other than those set out in this Agreement.Article 6Non-Conforming Measures1. Article 4 (National Treatment) and Article 5 (Most-Favoured-Nation Treatment) shall not apply to:(a) any existing or new non-conforming measuresmaintained or adopted within its territory;(b) the continuation or amendment of any non-conforming measures referred to in Sub-paragraph (a).2. The Parties will endeavour to progressively remove thenon-conforming measures.3. The Parties shall enter into discussions pursuant toArticle 24 (Review) with a view to furthering the objectives in Article 2(a) and Article 2(e). The Parties will endeavour to achieve the objectives to be overseen by the institution under Article 22 (Institutional Arrangement).Article 7Treatment of Investment1.Each Party shall accord to investments of investors ofanother Party fair and equitable treatment and full protection and security.2. For greater certainty:(a) fair and equitable treatment refers to theobligation of each Party not to deny justice in anylegal or administrative proceedings; and(b) full protection and security requires each Party totake such measures as may be reasonablynecessary to ensure the protection and securityof the investment of investors of another Party. 3. A determination that there has been a breach ofanother provision of this Agreement, or of a separate international agreement, shall not establish that there has been a breach of this Article.Article 8Expropriation1. A Party shall not expropriate, nationalise or take othersimilar measures (“expropriation”) against investments of investors of another Party, unless the following conditions are met:(a) for a public purpose;(b) in accordance with applicable domestic laws,including legal procedures;(c) carried out in a non-discriminatory manner; and(d) on payment of compensation in accordance withParagraph 2.2. Such compensation shall amount to the fair marketvalue of the expropriated investment at the time when expropriation was publicly announced or when expropriation occurred, whichever is earlier, and it shall be freely transferable in freely usable currencies from the host country. The fair market value shall not reflect any change in market value occurring because the expropriation had become publicly known earlier.3.The compensation shall be settled and paid withoutunreasonable delay. In the event of delay, the compensation shall include interest at the prevailing commercial interest rate from the date of expropriation until the date of payment6. The compensation, including any accrued interest, shall be payable either in the currency in which the investment was originally made or, if requested by the investor, in a freely usable currency.4. Notwithstanding Paragraph 1, Paragraph 2 andParagraph 3, any measure of expropriation relating to land shall be as defined in the expropriating Party’s existing domestic laws and regulations and any amendments thereto, and shall be for the purposes of and upon payment of compensation in accordance with the aforesaid laws and regulations.5. Where a Party expropriates the assets of a juridicalperson which is incorporated or constituted under its laws and regulations, and in which investors of another6For Malaysia, Myanmar, Philippines, Thailand and Viet Nam, in the event of delay, the rate and payment of interest of compensation for expropriation of investments of investors of another Party shall be determined in accordance with their laws, regulations and policies provided that such laws, regulations and policies are applied on a non-discriminatory basis to investments of investors of another Party or a non-Party.Party own shares, it shall apply the provisions of the preceding Paragraphs so as to ensure that compensation is paid to such investors to the extent of their interest in the assets expropriated.6. This Article shall not apply to the issuance ofcompulsory licences granted to intellectual property rights in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement.Article 9Compensation for LossesInvestors of a Party whose investments in the territory of another Party suffer losses owing to war or other armed conflict, revolution, a state of emergency, revolt, insurrection or riot in the territory of the latter Party shall be accorded by the latter Party treatment, as regard restitution, indemnification, compensation or other settlement, no less favourable than that which the latter Party accords, in like circumstances, to investors of any third country or its own nationals, whichever is more favourable.Article 10Transfers and Repatriation of Profits1. Each Party shall allow all transfers in respect ofinvestments in its territory of an investor of any other Party to be made in any freely usable currency at the prevailing market rate of exchange on the date of transfer, and allow such transfers to be freely transferred into and out of its territory without delay.Such transfers shall include:(a) the initial capital, plus any additional capital usedto maintain or expand the investments7;(b) net profits, capital gains, dividends, royalties,licence fees, technical assistance and technicaland management fees, interest and other currentincome accruing from any investment of theinvestors of any other Party;(c) proceeds from the total or partial sale orliquidation of any investment made by investorsof any other Party;(d) funds in repayment of borrowings or loans givenby investors of a Party to the investors of anyother Party which the respective Parties haverecognised as investment;(e) net earnings and other compensations of naturalpersons of any other Party, who are employedand allowed to work in connection with aninvestment in its territory;(f) payments made under a contract entered into bythe investors of any other Party, or theirinvestments including payments made pursuantto a loan transaction; and(g) payments made pursuant to Article 8(Expropriation) and Article 9 (Compensation forLosses).7The Parties understand that the reference to “the initial capital, plus any additional capital used to maintain or expand the investments”only applies following the successful completion of the approval procedures for inward investment.2. Each Party undertakes to accord to the transferreferred to in Paragraph 1, treatment as favourable as that accorded, in like circumstances, to the transfer originating from investments made by investors of any other Party or third country.3. Notwithstanding Paragraph 1 and Paragraph 2, a Partymay prevent or delay a transfer through the equitable, non-discriminatory and good faith application of its laws and regulations relating to:(a) bankruptcy, loss of ability or capacity to makepayments, or protection of the right of creditors;(b) non-fulfilment of the host Party’s transferrequirements in respect of trading or dealing insecurities, futures, options or derivatives;(c) non-fulfilment of tax obligations;(d) criminal or penal offences and the recovery of theproceeds of crime;(e) social security, public retirement or compulsorysaving schemes;(f) compliance with judgements in judicial oradministrative proceedings;(g) workers’retrenchment benefits in relation tolabour compensation relating to, amongst others,foreign investment projects that are closed down;and(h) financial reporting or record keeping of transferswhen necessary to assist law enforcement orfinancial regulatory authorities.4. For greater certainty, the transfers referred to in thepreceding Paragraphs shall comply with relevant formalities stipulated by the host Party’s domestic laws and regulations relating to exchange administration, insofar as such laws and regulations are not to be used as a means of avoiding a Party’s obligations under this Agreement.5. Nothing in this Agreement shall affect the rights andobligations of the Parties as members of the IMF under the Articles of Agreement of the IMF, including the use of exchange actions which are in conformity with the Articles of Agreement of the IMF, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its specific commitments under this Agreement regarding such transactions, except:(a) under Article 11 (Measures to Safeguard theBalance of Payments); or(b) at the request of the IMF; or(c) where, in exceptional circumstances, movementsof capital cause, or threaten to cause, seriouseconomic or financial disturbance in the Partyconcerned, provided such restrictions do notaffect the rights and obligations of the Parties asmembers of the WTO under Paragraph 1 ofArticle XI of GATS, and the measures are takenin accordance with paragraph 2 of Article 11 ofthis Agreement, mutatis mutandis.Article 11Measures to Safeguard the Balance of Payments1. In the event of serious balance of payments andexternal financial difficulties or threat thereof, a Party may adopt or maintain restrictions on investments, including payments or transfers related to suchinvestments. It is recognised that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development.2. The restrictions referred to in Paragraph 1 shall:(a) be consistent with the Articles of Agreement ofthe IMF;(b) not discriminate among the Parties;(c) avoid unnecessary damage to the commercial,economic and financial interests of any otherParty;(d) not exceed those necessary to deal with thecircumstances described in Paragraph 1;(e) be temporary and be phased out progressivelyas the situation specified in Paragraph 1improves; and(f) be applied such that any other Party is treated noless favourably than any third country.3. Any restrictions adopted or maintained by a Partyunder Paragraph 1 or any changes therein, shall be promptly notified to the other Parties.Article 12Subrogation1. In the event that any Party or any agency, institution,statutory body or corporation designated by it, as a result of an indemnity it has given in respect of aninvestment or any part thereof, makes payment to its own investors in respect of any of their claims under this Agreement, the other Parties concerned shall acknowledge that the former Party or any agency, institution, statutory body or corporation designated by it is entitled by virtue of subrogation to exercise the rights and assert the claims of its own investors. The subrogated rights or claims shall not be greater than the original rights or claims of the said investor.2. Where a Party or any agency, institution, statutorybody or corporation designated by it has made a payment to an investor of that Party and has taken over the rights and claims of the investor, that investor shall not, unless authorised to act on behalf of the Party or the agency, institution, statutory body or corporation designated by it making the payment, pursue those rights and claims against the other Party.Article 13Dispute Between PartiesThe provisions of the Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-operation between the People’s Republic of China and the Association of Southeast Asian Nations signed in Vientiane, Lao PDR on the 29th day of November 2004 shall apply to the settlement of disputes between or amongst the Parties under this Agreement.Article 14Investment Disputes between a Party and an Investor1. This Article shall apply to investment disputes betweena Party and an investor of another Party concerning analleged breach of an obligation of the former Party under Article 4 (National Treatment), Article 5 (Most-Favoured-Nation Treatment), Article 7 (Treatment of Investment), Article 8 (Expropriation), Article 9(Compensation for Losses) and Article 10 (Transfers and Repatriation of Profits), which causes loss or damage to the investor in relation to its investment with respect to the management, conduct, operation, or sale or other disposition of an investment.2. This Article shall not apply:(a) to investment disputes arising out of eventswhich occurred, or to investment disputes whichhad been settled, or which were already underjudicial or arbitral process, prior to the entry intoforce of this Agreement;(b) in cases where the disputing investor holds thenationality or citizenship of the disputing Party. 3. The parties to the dispute shall, as far as possible,resolve the dispute through consultations.4. Where the dispute cannot be resolved as provided forunder Paragraph 3 within six (6) months from the date of written request for consultations and negotiations, unless the parties to the dispute agree otherwise, it may be submitted at the choice of the investor:(a) to the courts or administrative tribunals of thedisputing Party, provided such courts oradministrative tribunals have jurisdiction; or(b) under the International Centre for Settlement ofInvestment Disputes (ICSID) Convention and theICSID Rules of Procedure for ArbitrationProceedings8, provided that both the disputingParty and the non-disputing Party are parties tothe ICSID Convention; or8In the case of Philippines, submission of a claim under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings shall be subject to a written agreement between the disputing parties in the event that an investment dispute arises.。
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FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO-OPERATION BETWEEN THE PEOPLE’S REPUBLIC OF CHINA AND THE ASSOCIATION OF SOUTH EAST ASIAN NATIONSPREAMBLEWE, the Heads of Government/State of the People’s Republic of China (“China”), and Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic ("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 V iet Nam, Member States of the Association of South East Asian Nations (collectively, “ASEAN”or “ASEAN Member States”, or individually, “ASEAN Member State”):RECALLING our decision made at the ASEAN-China Summit held on 6 November 2001 in Bandar Seri Begawan, Brunei Darussalam, regarding a Framework on Economic Co-operation and to establish a China-ASEAN Free Trade Area (“China-ASEAN FTA”) within ten years with special and differential treatment and flexibility for the newer ASEAN Member States of Cambodia, Lao PDR, Myanmar and V iet 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 Comprehensive Economic Co-operation (“this Agreement”) between China and ASEAN (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 linkages between the Parties; lower costs; increase intra-regional trade and investment; increase economic efficiency; create a larger market with greater opportunities and larger 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 a China-ASEAN FTA will create a partnership between the Parties, and provide an important mechanism for strengthening co-operation and supporting economic stability in East Asia;RECOGNISING the important role and contribution of the business sector in enhancing trade and investment between the Parties and the need to further promote and facilitate their co-operation and utilisation of greater business opportunities provided by the China-ASEAN FTA;RECOGNISING 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 China-ASEAN economic co-operation 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 multilateral, regional and bilateral agreements and arrangements;RECOGNISING the catalytic role that regional trade arrangements can contribute tow ards accelerating regional and global liberalisation and as building blocks in the framework of the multilateral trading system;HA VE AGREED AS FOLLOWS:ARTICLE 1ObjectivesThe objectives of this Agreement are to:(a) strengthen and enhance economic, trade and investment co-operation between the Parties;(b) progressively liberalise and promote trade in goods and services as well as create a transparent, liberal and facilitative investment regime;(c) explore new areas and develop appropriate measures for closer economic co-operation 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 2Measures For Comprehensive Economic Co-operationThe Parties agree to negotiate expeditiously in order to establish a China-ASEAN FTA within 10 years, and to strengthen and enhance economic co-operation through the following:(a) progressive elimination of tariffs and non-tariff barriers in substantially all trade in goods;(b) progressive liberalisation of trade in services with substantial sectoral coverage;(c) establishment of an open and competitive investment regime that facilitates and promotes investment within the China-ASEAN FTA;(d) provision of special and differential treatment and flexibility to the newer ASEAN Member States;(e) provision of flexibility to the Parties in the China-ASEAN FTA negotiations to address their sensitive areas in the goods, services and investment sectors with such flexibility to be negotiated and mutually agreed based on the principle of reciprocity and mutual benefits;(f) establishment of effective trade and investment facilitation measures, including, but not limited to, simplification of customs procedures and development of mutual recognition arrangements;(g) expansion of economic co-operation 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 co-operation; and(h) establishment of appropriate mechanisms for the purposes of effective implementation of this Agreement.PART 1ARTICLE 3Trade In Goods1. 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 Agreement on Tariffs and Trade (GA TT)) shall be eliminated on substantially all trade in goods between the Parties.2. For the purposes of this Article, the following definitions shall apply unless the context otherwise requires:(a) “ASEAN 6”refers to Brunei, Indonesia, Malaysia, Philippines, Singapore and Thailand;(b) “applied MFN tariff rates”shall inc lude 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 their 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 rates as applied to China as of 1 July 2003;(c) “non-tariff measures”shall inc lude non-tariff barriers.3. The tariff reduction or elimination programme 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 the 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 specified 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 timeframes to be mutually agreed between the Parties.5. The number of products listed in the Sensitive Track shall be subject to a maximum ceiling to be mutually agreed among the Parties.6. The commitments undertaken by the Parties under this Article and Article 6 of this Agreement shall fulfil the WTO requirements to eliminate tariffs on substantially all the trade between the Parties.7. The specified tariff rates to be mutually agreed 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 accelerating its tariff reduction or elimination if it so wishes to.8. The negotiations between the Parties to establish the China-ASEAN FTA 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 well as any other related matters, including principles governingreciprocal commitments, not provided for in the preceding paragraphs of this Article;(b) Rules of Origin;(c) treatment of out-of-quota rates;(d) modification of a Party’s commitments under the agreement on trade in goods based on Article XXVIII of the GA TT;(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 GA TT 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 countervailing measures and anti-dumping measures based on the existing GA TT 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 4Trade in ServicesWith a view to expediting the expansion of trade in services, the Parties agree to enter into negotiations to progressively liberalise trade in services with substantial 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(1)(b) of the WTO General Agreement on Trade in Services (GA TS);(b) expansion in the depth and scope of liberalisation of trade in services beyond those undertaken China and ASEAN Member States under the GA TS; and(c) enhanced co-operation 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.ARTICLE 5InvestmentTo promote investments and to create a liberal, facilitative, transparent and competitive investment regime, the Parties agree to:(a) enter into negotiations in order to progressively liberalise the investment regime;(b) strengthen co-operation in investment, facilitate investment and improve transparency of investment rules and regulations; and(c) provide for the protection of investments.ARTICLE 6Early Harvest1. With a view to accelerating the implementation of this Agreement, the Parties agree to implement an Early Harvest Programme (which is an integral part of the China-ASEAN FTA) for products covered under paragraph 3(a) below and which will commence and end in accordance with the timeframes set out in this Article.2. For the purposes of this Article, the following definitions shall apply unless the context otherwise requires:(a) “ASEAN 6”refers to Brunei, Indonesia, Malaysia, Philippines, Singapore and Thailand;(b) “applied MFN tariff rates”shall inc lude 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 their 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 elimination, implementation timeframes, rules of origin, trade remedies and emergency measures applicable 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:Chapter Description01 Live Animals02 Meat and Edible Meat Offal03 Fish04 Dairy Produce05 Other Animals Products06 Live Trees07 Edible V egetables08 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 the 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 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 or elimination if it so wishes.(ii) All products where the applied MFN tariff rates are at 0%, shall remain at 0%.(iii) Where the implemented tariff rates are reduced to 0%, they shall remain at 0%.(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 Programme under paragraph 3(a)(i) above.(c) Interim Rules of OriginThe 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 Partiesunder Article 3(8)(b) of this Agreement.(d) Application of WTO provisionsThe WTO provisions governing modification of commitments, safeguard actions, emergency measures and other trade remedies, including anti-dumping and subsidies and countervailing measures, shall, in the interim, be applicable to the products covered under the Early Harvest Programme and shall be superseded and replaced by the relevant disciplines negotiated and agreed to by the Parties under Article 3(8) of this Agreement once these disciplines are implemented.4. In addition to the Early Harvest Programme for trade in goods as provided for in the preceding paragraphs of this Article, the Parties will explore the feasibility of an early harvest programme for trade in services in early 2003.5. With a view to promoting economic co-operation 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 2ARTICLE 7Other Areas Of Economic Co-operation1. 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. Co-operation shall be extended to other areas, including, but not limited to, banking, finance, tourism, industrial co-operation, transport, telecommunications, intellectual property rights, small and medium enterprises (SMEs), environment, bio-technology, fishery, forestry and forestry products, mining, energy and sub-regional development.3. Measures to strengthen co-operation shall include, but shall not be limited to:(a) promotion and facilitation of trade in goods and services, and investment, such as:(i) standards and conformity assessment;(ii) technical barriers to trade/non-tariff measures; and(iii) customs co-operation;(b) increasing the competitiveness of SMEs;(c) promotion of electronic commerce;(d) capacity building; and(e) technology transfer.4. The Parties agree to implement capacity building 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 3ARTICLE 8Timeframes1. 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 Agreement shall commence in early 2003 and be concluded by 30 June 2004 in order to establish the China-ASEAN 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 this Agreement shall be completed no later than December 2003.3. For trade in services and investments, the negotiations on the respective agreements shall commence in 2003 and be concluded as expeditiously as possible for implementation in accordance with the timeframes to be mutually agreed: (a) taking into account the sensitive sectors of the Parties; and (b) with special and differential treatment and flexibility for the new er ASEAN Member States.4. For other areas of economic co-operation under 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 co-operation programmes and conclude agreements on the various areas of economic co-operation. 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 9Most-Favoured Nation TreatmentChina 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 signature of this Agreement.ARTICLE 10General ExceptionsSubject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between or among the Parties where the same conditions prevail, or a disguised restriction on trade within the China-ASEAN 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 artistic, historic and archaeological value, or such other measures which it deems necessary for the protection of public morals, or for the protection of human, animal or plant life and health.ARTICLE 11Dispute Settlement Mechanism1. The Parties shall, within 1 year after the date of entry into force of this Agreement, establish appropriate formal dispute settlement procedures 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 interpretation, implementation or application of this Agreement shall be settled amicably by consultations and/or mediation.ARTICLE 12Institutional Arrangements For The Negotiations1. The China-ASEAN Trade Negotiation Committee (China-ASEAN TNC) that has been established shall continue to carry 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 co-operation activities undertaken pursuant to this Agreement.3. The China-ASEAN TNC and any aforesaid bodies shall report regularly to the Minister of the Ministry of Foreign Trade and Economic Co-operation (MOFTEC) of China and the ASEAN Economic Ministers (AEM), through the meetings of the MOFTEC and ASEAN Senior Economic Officials (SEOM), on the progress and outcome of its negotiations.4. The ASEAN Secretariat and MOFTEC shall jointly provide the necessary secretariat support to the China-ASEAN TNC whenever and wherever negotiations are held.ARTICLE 13Miscellaneous Provisions1. This Agreement shall include the Annexes and the contents therein, and all future legal instruments agreed pursuant to this Agreement.2. Except as otherwise provided in this Agreement, 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 14AmendmentsThe provisions of this Agreement may be modified through amendments mutually agreed upon in writing by the Parties.ARTICLE 15DepositaryFor 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 16Entry Into Force1. 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 internal 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 completion 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 Co-operation between the People’s Republic of China and the Association of South East Asian Nations.DONE at Phnom Penh, this 4th day of November, 2002 in duplicate copies in the English Language.Annex1 Exclusion List Of A Party For Products Excluded From The Early Harvest Programme Under Article 6(3)(a)(i)Annex2 Specific Products Covered By The Early Harvest Programme Under Article 6(3)(a)(iii)Annex3 A.Product Categories for Tariff Reduction and Elimination Under Article 6(3)(b)(i) B.Implementation Timeframes Under Article 6(3)(b)(i)Annex 4 Activities Under Article 6(5)。