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The Governments of 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 Viet Nam, Member States of the Association of Southeast Asian Nations (collectively, "ASEAN" or "ASEAN Member States", or individually, "ASEAN Member State"), and the People's Republic of China ("China");
RECALLING the Framework Agreement on Comprehensive Economic Co-operation ("the Framework Agreement") between ASEAN and China (collectively, "the Parties", or individually referring to an ASEAN Member State or to China as a "Party") signed by the Heads of Government/State of ASEAN Member States and China in Phnom Penh, Cambodia on the 4th day of November 2002 and the Protocol to Amend the Framework Agreement on Comprehensive Economic Co-operation on the Early Harvest Programme signed by the Economic Ministers of the Parties in Bali, Indonesia on the 6th day of October 2003;
RECALLING further Articles 2(a), 3(1) and 8(1) of the Framework Agreement, which reflect the Parties' commitment to establish the ASEAN-China Free Trade Area (ACFTA) covering trade in goods by 2010 for ASEAN 6 and China and by 2015 for the newer ASEAN Member States;
REAFFIRMING the Parties' commitment to establish the ASEAN-China Free Trade Area within the specified timeframes, while allowing flexibility to the Parties to address their sensitive areas as provided in the Framework Agreement,
Have agreed as follows:
RECALLING the Framework Agreement on Comprehensive Economic Co-operation ("the Framework Agreement") between ASEAN and China (collectively, "the Parties", or individually referring to an ASEAN Member State or to China as a "Party") signed by the Heads of Government/State of ASEAN Member States and China in Phnom Penh, Cambodia on the 4th day of November 2002 and the Protocol to Amend the Framework Agreement on Comprehensive Economic Co-operation on the Early Harvest Programme signed by the Economic Ministers of the Parties in Bali, Indonesia on the 6th day of October 2003;
RECALLING further Articles 2(a), 3(1) and 8(1) of the Framework Agreement, which reflect the Parties' commitment to establish the ASEAN-China Free Trade Area (ACFTA) covering trade in goods by 2010 for ASEAN 6 and China and by 2015 for the newer ASEAN Member States;
REAFFIRMING the Parties' commitment to establish the ASEAN-China Free Trade Area within the specified timeframes, while allowing flexibility to the Parties to address their sensitive areas as provided in the Framework Agreement,
Have agreed as follows:
中華人民共和國政府(以下簡稱“中國”)與文萊達魯薩蘭國,柬埔寨王國,印度尼西亞共和國,老撾人民民主共和國,馬來西亞,緬甸聯(lián)邦,菲律賓共和國,新加坡共和國,泰王國和越南社會主義共和國等東南亞國家聯(lián)盟成員國政府(以下將其整體簡稱為“東盟”或“東盟各成員國”,單獨提及一國時簡稱“東盟成員國”);
憶及2002年11月4日在柬埔寨金邊由中國和東盟領導人簽署的《中國與東盟(以下將其整體簡稱為“各締約方”,單獨提及東盟一成員國或中國時簡稱為“一締約方”)全面經濟合作框架協(xié)議》(以下簡稱《框架協(xié)議》)以及2003年10月6日在印度尼西亞巴厘由各締約方經濟部長簽署的《關于修改<中國-東盟全面經濟合作框架協(xié)議>的議定書》;
再次憶及《框架協(xié)議》的第二條(1),第三條(1)和第8條(1)款反映出的各締約方的承諾,即對于中國和東盟六國,將在2010年建成涵蓋貨物貿易的中國-東盟自貿區(qū),對于東盟新成員國,將在2015年建成自貿區(qū);
重申各締約方在規(guī)定的時間框架內建立中國-東盟自貿區(qū)的承諾,同時允許各締約方按照《框架協(xié)議》規(guī)定,享有解決敏感領域問題的靈活性。達成協(xié)議如下:
ARTICLE 1 Definitions
For the purposes of this Agreement, the following definitions shall apply unless the context otherwise requires:
(a) "WTO" means the World Trade Organization;
(b) "the GATT 1994" means the General Agreement on Tariffs and Trade 1994, including Annex I (Notes and Supplementary Provisions);
(c) "ASEAN 6" refers to Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand;
(d) "newer ASEAN Member States" refers to Cambodia, Lao PDR, Myanmar and Viet Nam;
(e) "applied MFN tariff rates" shall 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 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;
(f) "non-tariff measures" shall include non-tariff barriers;
(g) "AEM" means ASEAN Economic Ministers;
(h) "MOFCOM" means Ministry of Commerce of China;
(i) "SEOM" means ASEAN Senior Economic Officials Meeting.
For the purposes of this Agreement, the following definitions shall apply unless the context otherwise requires:
(a) "WTO" means the World Trade Organization;
(b) "the GATT 1994" means the General Agreement on Tariffs and Trade 1994, including Annex I (Notes and Supplementary Provisions);
(c) "ASEAN 6" refers to Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand;
(d) "newer ASEAN Member States" refers to Cambodia, Lao PDR, Myanmar and Viet Nam;
(e) "applied MFN tariff rates" shall 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 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;
(f) "non-tariff measures" shall include non-tariff barriers;
(g) "AEM" means ASEAN Economic Ministers;
(h) "MOFCOM" means Ministry of Commerce of China;
(i) "SEOM" means ASEAN Senior Economic Officials Meeting.
就本協(xié)議而言,將適用下列定義,除非文中另有規(guī)定:
(一)“WTO”指世界貿易組織;
(二)“the GATT1994”指《1994年關稅與貿易總協(xié)定》,包括附件一(注釋和補充條款);
(三)“東盟六國”指文萊、印度尼西亞、馬來西亞、菲律賓、新加坡和泰國;
(四)“東盟新成員國”指柬埔寨、老撾人民民主共和國、緬甸和越南;
(五)“實施最惠國稅率”應包括配額內稅率,且1.對東盟成員國(2003年7月1日時為世界貿易組織成員)和中國,指其各自于2003年7月1日的實施稅率;以及
2.對東盟成員國(2003年7月1日時為非世界貿易組織成員),指其在2003年7月1日對中國產品實施的稅率;
(六)“非關稅措施”應包括非關稅壁壘;
(七)“AEM”指東盟經濟部長;
(八)“MOFCOM”指中華人民共和國商務部;
(九)“SEOM”指東盟經濟高官會。
ARTICLE 2 National Treatment on Internal Taxation and Regulation
Each Party shall accord national treatment to the products of all the other Parties covered by this Agreement and the Framework Agreement in accordance with Article III of the GATT 1994. To this end, the provisions of Article III of the GATT 1994 shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
Each Party shall accord national treatment to the products of all the other Parties covered by this Agreement and the Framework Agreement in accordance with Article III of the GATT 1994. To this end, the provisions of Article III of the GATT 1994 shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
ARTICLE 3 Tariff Reduction and Elimination
1.The tariff reduction or elimination programme of the Parties shall require the applied MFN tariff rates on listed tariff lines to be gradually reduced and where applicable, eliminated, in accordance with this Article.
2.The tariff lines which are subject to the tariff reduction or elimination programme ubder this Agreement shall include all tariff lines not covered by the Early Harvest Programme under Article 6 of the Framework Agreement, and such tariff lines shall be categorised for tariff reduction and elimination as follows:
(a) Normal Track: Tariff lines placed in the Normal Track by each Party on its own accord shall have their respective applied MFN tariff rates gradually reduced and eliminated in accordance with the modalities set out in Annex 1 of this Agreement with the objective of achieving the targets prescribed in the thresholds therein.
(b) Sensitive Track: Tariff lines placed in the Sensitive Track by each Party on its own accord shall have their respective applied MFN tariff rates reduced or eliminated in accordance with the modalities set out in Annex 2 of this Agreement.
3.Subject to Annex 1 and Annex 2 of this Agreement, all commitments undertaken by each Party under this Article shall be applied to all the other Parties.
1.The tariff reduction or elimination programme of the Parties shall require the applied MFN tariff rates on listed tariff lines to be gradually reduced and where applicable, eliminated, in accordance with this Article.
2.The tariff lines which are subject to the tariff reduction or elimination programme ubder this Agreement shall include all tariff lines not covered by the Early Harvest Programme under Article 6 of the Framework Agreement, and such tariff lines shall be categorised for tariff reduction and elimination as follows:
(a) Normal Track: Tariff lines placed in the Normal Track by each Party on its own accord shall have their respective applied MFN tariff rates gradually reduced and eliminated in accordance with the modalities set out in Annex 1 of this Agreement with the objective of achieving the targets prescribed in the thresholds therein.
(b) Sensitive Track: Tariff lines placed in the Sensitive Track by each Party on its own accord shall have their respective applied MFN tariff rates reduced or eliminated in accordance with the modalities set out in Annex 2 of this Agreement.
3.Subject to Annex 1 and Annex 2 of this Agreement, all commitments undertaken by each Party under this Article shall be applied to all the other Parties.
一、各締約方的關稅削減或取消計劃應要求逐步削減被列明稅目的實施最惠國稅率,并在適當時依照本條予以取消。
二、依照本協(xié)議納入關稅削減或取消計劃的稅目應包括所有未被《框架協(xié)議》第六條所列的早期收獲計劃涵蓋的稅目,這些稅目應按如下規(guī)定進行關稅削減和取消:
(一)正常類:一締約方自愿納入正常類的稅目應依照本協(xié)議附件1中列明的模式逐步削減和取消各自的實施最惠國稅率,并應實現(xiàn)模式中的降稅門檻所規(guī)定的目標。
(二)敏感類:一締約方自愿納入敏感類的稅目應依照本協(xié)議附件2中的模式削減或取消各自的實施最惠國稅率。
三、根據本協(xié)議附件1和附件2,各締約方按照本條履行的承諾應適用于其它所有締約方。
ARTICLE 6 Modification of Concessions
1.Any Party to this Agreement may, by negotiation and agreement with any Party to which it has made a concession under this Agreement, modify or withdraw such concession made under this Agreement.
2. In such negotiations and agreement, which may include provision for compensatory adjustment with respect to other products, the Parties concerned shall maintain a general level of reciprocal and mutually advantageous concessions not less favourable to trade than that provided for in this Agreement prior to such negotiations and agreement.
1.Any Party to this Agreement may, by negotiation and agreement with any Party to which it has made a concession under this Agreement, modify or withdraw such concession made under this Agreement.
2. In such negotiations and agreement, which may include provision for compensatory adjustment with respect to other products, the Parties concerned shall maintain a general level of reciprocal and mutually advantageous concessions not less favourable to trade than that provided for in this Agreement prior to such negotiations and agreement.
ARTICLE 7 WTO Disciplines
1.Subject to the provisions of this Agreement and any future agreements as may be agreed pursuant to reviews of this Agreement by the Parties under Article 17 of this Agreement, the Parties[1] hereby agree and reaffirm their commitments to abide by the provisions of the WTO disciplines on, among others, non-tariff measures, technical barriers to trade, sanitary and phytosanitary measures, subsidies and countervailing measures, anti-dumping measures and intellectual property rights.
2.The provisions of the WTO Multilateral Agreements on Trade in Goods, which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement unless the context otherwise requires.
1.Subject to the provisions of this Agreement and any future agreements as may be agreed pursuant to reviews of this Agreement by the Parties under Article 17 of this Agreement, the Parties[1] hereby agree and reaffirm their commitments to abide by the provisions of the WTO disciplines on, among others, non-tariff measures, technical barriers to trade, sanitary and phytosanitary measures, subsidies and countervailing measures, anti-dumping measures and intellectual property rights.
2.The provisions of the WTO Multilateral Agreements on Trade in Goods, which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement unless the context otherwise requires.
ARTICLE 8 Quantitative Restrictions and Non-Tariff Barriers
1. Each Party undertakes not to maintain any quantitative restrictions at any time unless otherwise permitted under the WTO disciplines.[2]
2. The Parties shall identify non-tariff barriers (other than quantitative restrictions) for elimination as soon as possible after the entry into force of this Agreement. The time frame for elimination of these non-tariff barriers shall be mutually agreed upon by all Parties.
3. The Parties shall make information on their respective quantitative restrictions available and accessible upon implementation of this Agreement.
1. Each Party undertakes not to maintain any quantitative restrictions at any time unless otherwise permitted under the WTO disciplines.[2]
2. The Parties shall identify non-tariff barriers (other than quantitative restrictions) for elimination as soon as possible after the entry into force of this Agreement. The time frame for elimination of these non-tariff barriers shall be mutually agreed upon by all Parties.
3. The Parties shall make information on their respective quantitative restrictions available and accessible upon implementation of this Agreement.
ARTICLE 9 Safeguard Measures
1.Each Party, which is a WTO member, retains its rights and obligations under Article XIX of the GATT 1994 and the WTO Agreement on Safeguards.
2.With regard to ACFTA safeguard measures, a Party shall have the right to initiate such a measure on a product within the transition period for that product. The transition period for a product shall begin from the date of entry into force of this Agreement and end five years from the date of completion of tariff elimination/reduction for that product.
3.A Party shall be free to take ACFTA safeguard measures if as an effect of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, or, if as a result of unforeseen developments and of the effects of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, imports of any particular product from the other Parties increase in such quantities, absolute or relative to domestic production, and under such conditions so as to cause or threaten to cause serious injury to the domestic industry of the importing Party that produces like or directly competitive products.
4.If an ACFTA safeguard measure is taken, a Party taking such a measure may increase the tariff rate applicable to the product concerned to the WTO MFN tariff rate applied to such product at the time when the measure is taken.
5.Any ACFTA safeguard measure may be maintained for an initial period of up to 3 years and may be extended for a period not exceeding 1 year. Notwithstanding the duration of an ACFTA safeguard measure on a product, such measure shall terminate at the end of the transition period for that product.
6. In applying ACFTA safeguard measures, the Parties shall adopt the rules for the application of safeguard measures as provided under the WTO Agreement on Safeguards, with the exception of the quantitative restriction measures set out in Article 5, and Articles 9, 13 and 14 of the WTO Agreement on Safeguards. As such, all other provisions of the WTO Agreement on Safeguards shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
7.An ACFTA safeguard measure shall not be applied against a product originating in a Party, so long as its share of imports of the product concerned in the importing Party does not exceed 3% of the total imports from the Parties.
8. In seeking compensation under Article 8 of the WTO Agreement on Safeguards for an ACFTA safeguard measure, the Parties shall seek the good offices of the body referred to in paragraph 12 to determine the substantially equivalent level of concessions prior to any suspension of equivalent concessions. Any proceedings arising from such good offices shall be completed within 90 days from the date on which the ACFTA safeguard measure was applied.
9.On a Party's termination of an ACFTA safeguard measure on a product, the tariff rate for that product shall be the rate that, according to that Party's tariff reduction and elimination schedule, as provided in Annex 1 and Annex 2 of this Agreement, would have been in effect commencing on 1 January of the year in which the safeguard measure is terminated.
10.All official communications and documentations exchanged among the Parties and to the body referred to in paragraph 12 relating to any ACFTA safeguard measures shall be in writing and shall be in the English language.
11.When applying ACFTA safeguard measures, a Party shall not have simultaneous recourse to the WTO safeguard measures referred to in paragraph 1.
12.For the purpose of this Article, any reference to "Council for Trade in Goods" or the "Committee on Safeguards" in the incorporated provisions of the WTO Agreement on Safeguards shall, pending the establishment of a permanent body under paragraph 1 of Article 16, refer to the AEM-MOFCOM, or the SEOM-MOFCOM, as appropriate, which shall be replaced by the permanent body once it is established.
1.Each Party, which is a WTO member, retains its rights and obligations under Article XIX of the GATT 1994 and the WTO Agreement on Safeguards.
2.With regard to ACFTA safeguard measures, a Party shall have the right to initiate such a measure on a product within the transition period for that product. The transition period for a product shall begin from the date of entry into force of this Agreement and end five years from the date of completion of tariff elimination/reduction for that product.
3.A Party shall be free to take ACFTA safeguard measures if as an effect of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, or, if as a result of unforeseen developments and of the effects of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, imports of any particular product from the other Parties increase in such quantities, absolute or relative to domestic production, and under such conditions so as to cause or threaten to cause serious injury to the domestic industry of the importing Party that produces like or directly competitive products.
4.If an ACFTA safeguard measure is taken, a Party taking such a measure may increase the tariff rate applicable to the product concerned to the WTO MFN tariff rate applied to such product at the time when the measure is taken.
5.Any ACFTA safeguard measure may be maintained for an initial period of up to 3 years and may be extended for a period not exceeding 1 year. Notwithstanding the duration of an ACFTA safeguard measure on a product, such measure shall terminate at the end of the transition period for that product.
6. In applying ACFTA safeguard measures, the Parties shall adopt the rules for the application of safeguard measures as provided under the WTO Agreement on Safeguards, with the exception of the quantitative restriction measures set out in Article 5, and Articles 9, 13 and 14 of the WTO Agreement on Safeguards. As such, all other provisions of the WTO Agreement on Safeguards shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
7.An ACFTA safeguard measure shall not be applied against a product originating in a Party, so long as its share of imports of the product concerned in the importing Party does not exceed 3% of the total imports from the Parties.
8. In seeking compensation under Article 8 of the WTO Agreement on Safeguards for an ACFTA safeguard measure, the Parties shall seek the good offices of the body referred to in paragraph 12 to determine the substantially equivalent level of concessions prior to any suspension of equivalent concessions. Any proceedings arising from such good offices shall be completed within 90 days from the date on which the ACFTA safeguard measure was applied.
9.On a Party's termination of an ACFTA safeguard measure on a product, the tariff rate for that product shall be the rate that, according to that Party's tariff reduction and elimination schedule, as provided in Annex 1 and Annex 2 of this Agreement, would have been in effect commencing on 1 January of the year in which the safeguard measure is terminated.
10.All official communications and documentations exchanged among the Parties and to the body referred to in paragraph 12 relating to any ACFTA safeguard measures shall be in writing and shall be in the English language.
11.When applying ACFTA safeguard measures, a Party shall not have simultaneous recourse to the WTO safeguard measures referred to in paragraph 1.
12.For the purpose of this Article, any reference to "Council for Trade in Goods" or the "Committee on Safeguards" in the incorporated provisions of the WTO Agreement on Safeguards shall, pending the establishment of a permanent body under paragraph 1 of Article 16, refer to the AEM-MOFCOM, or the SEOM-MOFCOM, as appropriate, which shall be replaced by the permanent body once it is established.
一、每一位WTO成員的締約方,保留其根據《1994年關稅與貿易總協(xié)定》第十九條及《WTO保障措施協(xié)定》所享有的權利及義務。
二、關于中國-東盟自貿區(qū)保障措施,一締約方有權在某一產品的過渡期內針對該產品啟動保障措施。上述過渡期始于本協(xié)議生效之日,終止于該產品完成關稅減讓或取消的五年之后。
三、如一締約方因履行其依據本協(xié)議或《框架協(xié)議》早期收獲計劃所承擔關稅減讓的義務,或者,如因不可預見的情況和一締約方因履行其依據本協(xié)議或《框架協(xié)議》早期收獲計劃所承擔的義務,導致其從其他締約方進口的任何特定產品的數量有絕對的或相對于其國內產量的增加,且此種情況已對進口方生產類似或直接競爭產品的國內產業(yè)造成嚴重損害或嚴重損害威脅,則該締約方有權采取中國-東盟自貿區(qū)保障措施。
四、一締約方采取中國-東盟自貿區(qū)保障措施后,可將所涉產品的適用稅率提高至保障措施采取時適用于該產品的WTO最惠國稅率。
五、中國-東盟自貿區(qū)保障措施的最初實施時間不應超過三年,可最多延長一年。不論對某一產品的中國-東盟自貿區(qū)保障措施實施期限如何,該保障措施應于該產品過渡期屆滿之日終止。
六、在實施中國-東盟自貿區(qū)保障措施時,各締約方應適用WTO保障措施協(xié)定中關于實施保障措施的規(guī)則,但《WTO保障措施協(xié)定》第五條所列的數量限制措施及第九、十三、十四條不適用。《WTO保障措施協(xié)定》的所有其它條款應在必要修正后納入本協(xié)議,并作為本協(xié)議的組成部分。
七、對于來自一締約方的產品,只要其在進口成員中所涉產品進口中的份額不超過從各締約方進口總量的3%,即不得對該產品實施中國-東盟自貿區(qū)保障措施。
八、在依據《WTO保障措施協(xié)定》第八條尋求補償時,各締約方應尋求第十二款中提及的機構的斡旋,以在中止任何相等的減讓義務前確定實質相等的減讓水平。所有與此斡旋有關的程序應在中國-東盟自貿區(qū)保障措施實施之日起90天內結束。
九、當一締約方終止針對某一產品實施的中國-東盟自貿區(qū)保障措施時,該產品的稅率應為根據本協(xié)議附件1及附件2所規(guī)定的關稅減讓表在保障措施終止之年的1月1日本應開始實行的稅率。
十、各締約方之間及送達第十二款中提及的機構的所有與中國-東盟自貿區(qū)保障措施相關的官方信函和文件應采用書面形式,并使用英文。
十一、當一締約方實施中國-東盟自貿區(qū)保障措施時,不得同時依據第一款的規(guī)定訴諸WTO保障措施。
十二、為實現(xiàn)本條之目的,在根據第十六條第一款設立常設機構之前,所有列入本協(xié)議的WTO保障措施協(xié)定條款中提及的“貨物貿易理事會”或“保障措施委員會”均應指中國-東盟經貿部長會議或中國-東盟經濟高官會,常設機構在設立后應替代中國-東盟經貿部長會議和中國-東盟經濟高官會。
ARTICLE 10 Acceleration of Commitments
Nothing in this Agreement shall preclude the Parties from negotiating and entering into arrangements to accelerate the implementation of commitments made under this Agreement, provided that such arrangements are mutually agreed to and implemented by all the Parties.
Nothing in this Agreement shall preclude the Parties from negotiating and entering into arrangements to accelerate the implementation of commitments made under this Agreement, provided that such arrangements are mutually agreed to and implemented by all the Parties.
ARTICLE 11 Measures to Safeguard the Balance of Payments
Where a Party is in serious balance of payments and external financial difficulties or threat thereof, it may, in accordance with the GATT 1994 and the Understanding on Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures.
Where a Party is in serious balance of payments and external financial difficulties or threat thereof, it may, in accordance with the GATT 1994 and the Understanding on Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures.
ARTICLE 12 General Exceptions
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importations or exportations of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices;
(e) relating to the products of prison labour;
(f) imposed for the protection of national treasures of artistic, historic or archaeological value;
(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved;
(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination;
(j) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importations or exportations of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices;
(e) relating to the products of prison labour;
(f) imposed for the protection of national treasures of artistic, historic or archaeological value;
(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved;
(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination;
(j) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
在遵守關于此類措施的實施不在情形類似的有關締約方之間構成任意或不合理歧視的手段或構成對國際貿易的變相限制的要求前提下,本協(xié)議的任何規(guī)定不得解釋為阻止一締約方采取或實施以下措施:
(一)為保護公共道德所必需的措施;
(二)為保護人類、動物或植物的生命或健康所必需的措施;
(三)與黃金或白銀進出口有關的措施;
(四)為保證與本協(xié)議的規(guī)定不相抵觸的法律或法規(guī)得到遵守所必需的措施,包括與海關執(zhí)法、根據《1994年關稅與貿易總協(xié)定》第二條第四款和第十七條實行的有關壟斷、寶庫專利權、商標和版權以及防止欺詐行為有關的措施;
(五)與監(jiān)獄囚犯產品有關的措施;
(六)為保護具有藝術、歷史或考古價值的國寶所采取的措施;
(七)與保護可用盡的自然資源有關的措施,如此類措施與限制國內生產或消費一同實施;
(八)為履行任何政府間商品協(xié)定項下義務而實施的措施,該協(xié)定符合WTO其WTO不持異議的標準,或該協(xié)定本身提交各締約方且各締約方不持異議;
(九)在作為政府穩(wěn)定計劃的一部分將國內原料價格壓至低于國際價格水平的時期內,為保證此類原料給予國內加工產業(yè)所必需的數量而涉及限制此種原料出口的措施;但是此類限制不得用于增加該國內產業(yè)的出口或增加對其提供的保護,也不得偏離本協(xié)議有關非歧視的規(guī)定;
(十)在普遍或局部供應短缺的情況下,為獲取或分配產品所必需的措施;但是任何此類措施應符合以下原則:即本協(xié)議的各締約方在此類產品的國際供應中有權獲得公平的份額,且任何此類與本協(xié)議其他規(guī)定不一致的措施,應在導致其實施的條件不復存在時即行停止。
ARTICLE 13 Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests;
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests, including but not limited to:
(i) action relating to fissionable materials or the materials from which they are derived;
(ii) action relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) action taken so as to protect critical communications infrastructure from deliberate attempts intended to disable or degrade such infrastructure;
(iv) action taken in time of war or other emergency in domestic or international relations; or
(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Nothing in this Agreement shall be construed:
(a) to require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests;
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests, including but not limited to:
(i) action relating to fissionable materials or the materials from which they are derived;
(ii) action relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) action taken so as to protect critical communications infrastructure from deliberate attempts intended to disable or degrade such infrastructure;
(iv) action taken in time of war or other emergency in domestic or international relations; or
(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
本協(xié)議的任何規(guī)定不得解釋為:
(一)要求任何一締約方提供其認為如披露則會違背其基本安全利益的任何信息;
(二)阻止任何一締約方采取其認為對保護其基本國家安全利益所必需的任何行動,包括但不僅限于如下行動:
1.與裂變和聚變物質或衍生這些物質的物質有關的行動;
2.與武器、彈藥和作戰(zhàn)物資的貿易有關的行動,及與此類貿易所運輸的直接或間接供應軍事機關的其他貨物或物資有關的行動;
3.為保護重要通訊基礎設施免遭使該基礎設施失效或功能削弱的蓄意圖謀所采取的措施;或
4.在戰(zhàn)時或國內、國際關系中的其他緊急情況下采取的行動。
(三)阻止任何締約方為履行其在《聯(lián)合國憲章》項下的維護國際和平與安全的義務而采取的任何行動。
ARTICLE 14 Recognition of China's Market Economy Status
Each of the ten ASEAN Member States agrees to recognise China as a full market economy and shall not apply, from the date of the signature of this Agreement, Sections 15 and 16 of the Protocol of Accession of the People's Republic of China to the WTO and Paragraph 242 of the Report of the Working Party on the Accession of China to WTO in relation to the trade between China and each of the ten ASEAN Member States.
Each of the ten ASEAN Member States agrees to recognise China as a full market economy and shall not apply, from the date of the signature of this Agreement, Sections 15 and 16 of the Protocol of Accession of the People's Republic of China to the WTO and Paragraph 242 of the Report of the Working Party on the Accession of China to WTO in relation to the trade between China and each of the ten ASEAN Member States.
ARTICLE 15 State, Regional and Local Government
In fulfilling its obligations and commitments under this Agreement, each Party shall ensure their observance by regional and local governments and authorities in its territory as well as their observance by non-governmental bodies (in the exercise of powers delegated by central, state, regional or local governments or authorities) within its territory.
In fulfilling its obligations and commitments under this Agreement, each Party shall ensure their observance by regional and local governments and authorities in its territory as well as their observance by non-governmental bodies (in the exercise of powers delegated by central, state, regional or local governments or authorities) within its territory.
ARTICLE 16 Institutional Arrangements
1.Pending the establishment of a permanent body, the AEM-MOFCOM, supported and assisted by the SEOM-MOFCOM, shall oversee, supervise, coordinate and review the implementation of this Agreement.
2.The ASEAN Secretariat shall monitor and report to the SEOM-MOFCOM on the implementation of this Agreement. All Parties shall cooperate with the ASEAN Secretariat in the performance of its duties.
3.Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the contact point of the requested Party shall identify the office or official responsible for the matter and assist in facilitating communication with the requesting Party.
1.Pending the establishment of a permanent body, the AEM-MOFCOM, supported and assisted by the SEOM-MOFCOM, shall oversee, supervise, coordinate and review the implementation of this Agreement.
2.The ASEAN Secretariat shall monitor and report to the SEOM-MOFCOM on the implementation of this Agreement. All Parties shall cooperate with the ASEAN Secretariat in the performance of its duties.
3.Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the contact point of the requested Party shall identify the office or official responsible for the matter and assist in facilitating communication with the requesting Party.
ARTICLE 17 Review
1. The AEM-MOFCOM or their designated representatives shall meet within a year of the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement for the purpose of considering further measures to liberalise trade in goods as well as develop disciplines and negotiate agreements on matters referred to in Article 7 of this Agreement or any other relevant matters as may be agreed.
2.The Parties shall, taking into account their respective experience in the implementation of this Agreement, review the Sensitive Track in 2008 with a view to improving the market access condition of sensitive products, including the further possible reduction of the number of products in the Sensitive Track and the conditions governing the reciprocal tariff rate treatment of products placed by a Party in the Sensitive Track.
1. The AEM-MOFCOM or their designated representatives shall meet within a year of the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement for the purpose of considering further measures to liberalise trade in goods as well as develop disciplines and negotiate agreements on matters referred to in Article 7 of this Agreement or any other relevant matters as may be agreed.
2.The Parties shall, taking into account their respective experience in the implementation of this Agreement, review the Sensitive Track in 2008 with a view to improving the market access condition of sensitive products, including the further possible reduction of the number of products in the Sensitive Track and the conditions governing the reciprocal tariff rate treatment of products placed by a Party in the Sensitive Track.
ARTICLE 23 Entry Into Force
1.This Agreement shall enter into force on 1 January 2005.
2.The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1 January 2005.
3.Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1 January 2005, 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, the undersigned being duly authorised by their respective Governments, have signed this Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People's Republic of China.
DONE at, Vientiane, Lao PDR this Twenty Ninth Day of November in the Year Two Thousand and Four, in duplicate copies in the English Language.
1.This Agreement shall enter into force on 1 January 2005.
2.The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1 January 2005.
3.Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1 January 2005, 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, the undersigned being duly authorised by their respective Governments, have signed this Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People's Republic of China.
DONE at, Vientiane, Lao PDR this Twenty Ninth Day of November in the Year Two Thousand and Four, in duplicate copies in the English Language.
