ARTICLE 9
Most-Favoured Nation Treatment
China shall accord Most-Favoured Nation (MFN) Treatment consistent
with WTO rules and disciplines to. all the non-WTO ASEAN Member
States upon the date of signature of this Agreement.
ARTICLE 10
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 or among the Parties where the same
conditions prevail, or a disguised restriction on trade within the
ASEAN-China FTA, nothing in this Agreement shall prevent any
Party from taking and adopting measures for the protection of its
national security or the protection of articles of 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 11
Dispute Settlement Mechanism
1.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 12
Institutional Arrangements For The Negotiations
1.The ASEAN-China Trade Negotiation Committee (ASEANChina
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 ASEAN-China TNC and any aforesaid bodies shall report
regularly.to the ASEAN Economic Ministers (AEM) and the
Minister of the Ministry of Foreign Trade and Economic Co-operation (MOFTEC) of China, through the meetings of the
ASEAN Senior Economic Officials (SEOM) and MOFTEC, on
the progress and outcome of its negotiations.
4.The ASEAN Secretariat and MOFTEC shall jointly provide the
necessary secretariat support to the ASEAN-China TNC
whenever and wherever negotiations are held.
ARTICLE 13
"Miscellaneous Provisions
1.This Agreement shall include the Annexes 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 14
Amendments
The provisions of this Agreement may be modified through
amendments mutually agreed upon in writing by the Parties.
ARTICLE 15
Depositary
For the ASEAN Member States, this Agreement shall be deposited
with the Secretary-General of ASEAN, who shall promptly furnish a
certified copy thereof, to each ASEAN Member State.
ARTICLE 16
Entrylnto Force
1.This Agreement shall enter into force on 1 July 2003.
2.The Parties undertake to complete their internal procedures for
the entry into force of this Agreement prior to 1 July 2003.
3.Where a Party is unable to complete its internal procedures for
the entry into force of thfs 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
Association of S'outh East Asian Nations and the People's Republic of
China.
DONE at Phnom Penh, this 4th day of November, 2002 in duplicate
copies in the English Language.
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