AGREEMENT
ON
THE COMMON EFFECTIVE PREFERENTIAL TARIFF (CEPT) SCHEME FOR THE ASEAN FREE TRADE
AREA (AFTA)
Singapore,
28 January 1992
The Governments of Brunei
Darussalam, the Republic of Indonesia, Malaysia, the Republic of the
Philippines, the Republic of Singapore and the Kingdom of Thailand, Member
States of the Association of South East Asian Nations (ASEAN):
MINDFUL of the Declaration of
ASEAN Concord signed in Bali, Indonesia on 24 February 1976 which provides that
Member States shall cooperate in the field of trade in order to promote
development and growth of now production and trade;
RECALLING that the ASEAN Heads
of Government, at their Third Summit Meeting held in Manila on 13-15 December
1987, declared that Member States shall strengthen intra-ASEAN economic
cooperation to maximise the realization of the region's potential in trade and
development;
NOTING that the Agreement on
ASEAN Preferential Trading Arrangements (PTA) signed in Manila on 24 February
1977 provides for - the adoption of various instruments on trade liberalisation
on a preferential basis;
ADHERING to the principles,
concepts and ideals of the Framework Agreement on Enhancing ASEAN Economic
Cooperation signed in Singapore on 28 January 1992;
CONVINCED that preferential
trading arrangements among ASEAN Member States will act as a stimulus to the
strengthening of national and ASEAN Economic resilience, and the development of
the national economies of Member States by expanding investment and production
opportunities, trade, and foreign exchange earnings;
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DESIRING to effect improvements
on the ASEAN PTA in consonance with ASEAN's international commitments;
HAVE AGREED AS FOLLOWS:
Article I Definitions
For the purposes of this
Agreement :
1. "CEPT" means the
Common Effective Preferential Tariff, and it is an agreed effective tariff,
preferential to ASEAN, to be applied to goods originating from ASEAN Member
States, and which have been identified for inclusion in the CEPT Scheme in
accordance with Articles 2 (5) and 3.
2. “Non-Tariff Barriers"
mean measures other than tariffs which effectively prohibit or restrict import
or export of products within Member States.
3. "Quantitative
restrictions" mean prohibitions or restrictions on trade with other Member
States, whether made effective through quotas, licences or other measures with
equivalent effect, including administrative measures and requirements which
restrict trade.
4. "Foreign exchange
restrictions" mean measures taken by Member States in the form of
restrictions and other administrative procedures in foreign exchange which have
the effect of restricting trade.
5. "PTA" means ASEAN
Preferential Trading Arrangements stipulated in the Agreement on ASEAN
Preferential Trading Arrangements , signed in Manila on 24 February 1977, and
in the Protocol on Improvements on Extension of Tariff Preferences under the
ASEAN Preferential Trading Arrangements (PTA), signed in Manila on 15 December
1987.
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7. "Agricultural
products" mean :
(a) agricultural raw
materials/unprocessed products covered under Chapters 1-24 of the Harmonised
System (HS), and similar agricultural raw materials/unprocessed products in
other related HS Headings; and
(b) products which have
undergone simple. processing with minimal change in form from the original
products.
Article 2 General Provisions
1. All Member States shall
participate in the CEPT Scheme.
2. Identification of products to
be included in the CEPT Scheme shall be on a sectoral basis, i.e., at HS
6-digit level.
3. Exclusions at the HS 8/9
digit level for specific products are permitted for those Member States, which
are temporarily not ready to include such products in the CEPT Scheme. For
specific products, which are sensitive to a Member State. pursuant to Article 1
(3) of the Framework Agreement on Enhancing ASEAN Economic Cooperation, a Member
State may exclude products from the CEPT Scheme, subject to a waiver of any
concession herein provided for such products. A review of this Agreement shall
be carried out in the eighth year to decide on the final Exclusion List or any
amendment to this Agreement.
4. A product shall be deemed to
be originating from ASEAN Member States, if at least 40 % of its content
originates from any Member State.
5. All manufactured products,
including capital goods, processed agricultural products and those products
falling outside the definition of agricultural products, as set out in this
Agreement, shall be in the CEPT Scheme. These products shall automatically be
subject to the schedule of tariff reduction, as set out in Article 4 of this
Agreement. In respect of PTA items, the schedule of tariff reduction provided
for in Article 4 of this Agreement shall be applied, taking into account the
tariff rate after the application of the existing margin of preference (MOP) as
at 31 December 1992.
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7. Member States, whose tariffs
for the agreed products are reduced from 20% and below to O%-5%, even though
granted on an MFN basis, shall still enjoy concessions, Member States with
tariff rates at MFN rates of O%-50/o shall be deemed to have satisfied the
obligations under this Agreement and shall also enjoy the concessions.
Article 3: Product Coverage
This Agreement shall apply to
all manufactured products, including capital goods, processed agricultural
products, and those products failing outside the definition of agricultural
products as set out in this Agreement. Agricultural products shall be excluded
from the CEPT Scheme.
Article 4: Schedule of Tariff
Reduction
1. Member States agree to the
following schedule of effective preferential tariff reductions:
(a) The reduction from existing
tariff rates to 20 % shall be done within a time frame of 5 years to 8 years,
from 1 January 1993, subject to a programme of reduction to be decided by each
Member State, which shall be announced at the start of the programme. Member
States are encouraged to adopt an annual rate of reduction, which shall be
(X-20)% / 5 or 8, where X equals the existing tariff rates of individual Member
States.
(b) The subsequent reduction of
tariff rates from 20% or below shall be done within a time frame of 7 years.
The rate of reduction shall be at a minimum of 5% quantum per reduction. A programme
of reduction to be decided by each Member State shall be announced at the start
of the programme.
(c) For products with existing
tariff rates of 200/o or below as at 1 January 1993, Member States shall decide
upon a programme of tariff reductions, and announce at the start, the schedule
of tariff reductions. Two or more Member States may enter into arrangements for
tariff reduction to 0%-5% on specific products at an accelerated pace to be
announced at the start of the programme.
2. Subject to Articles 4 (1) (b)
and 4 (1) (c) of this Agreement, products which reach, or are at tariff rates
of 20% or below, shall automatically enjoy the concessions
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Article 5: Other Provisions
A. Quantitative Restrictions and
Non-Tariff Barriers
1. Member States shall eliminate
all quantitative restrictions in respect of products under the CEPT Scheme upon
enjoyment of the concessions applicable to those products.
2. Member States shall eliminate
other non-tariff barriers on a gradual basis within a period of five years
after the enjoyment of concessions applicable to those products.
B. Foreign Exchange Restrictions
Member States shall make
exceptions to their foreign exchange restrictions relating to payments for the
products under the CEPT Scheme, as well as repatriation of such payments
without prejudice to their rights under Article XVIII of the General Agreement
on Tariff and Trade (GATT) and relevant provisions of the Articles of Agreement
of the International Monetary Fund (IMF).
C. Other Areas of Cooperation
Member States shall explore
further measures on border and non-border areas of cooperation to supplement
and complement the liberalisation of trade. These may include, among others,
the harmonisation of standards, reciprocal recognition of tests and
certification of products, removal of barriers to foreign investments, macroeconomic
consultations, rules for fair competition, and promotion of venture capital.
D. Maintenance of Concessions
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Article 6: Emergency Measures
1. If, as a result of the
implementation of this Agreement, import of a particular product eligible under
the CEPT Scheme is increasing in such a manner as to cause or threaten to cause
serious injury to sectors producing like or directly competitive products in
the importing Member States, the importing Member States may, to the extent and
for such time as may be necessary to prevent or to remedy such injury, suspend
preferences provisionally and without discrimination, subject to Article 6 (3)
of this Agreement. Such suspension of preferences shall be consistent with the
GATT.
2. Without prejudice to existing
international obligations, a Member State, which finds it necessary to create
or intensify quantitative restrictions or other measures limiting imports with
a view to forestalling the threat of or stopping a serious decline of its
monetary reserves, shall endeavour to do so in a manner, which safeguards the
value of the concessions agreed upon.
3. Where emergency measures are
taken pursuant to this Article, immediate notice of such action shall be given
to the Council referred to in Article 7 of this Agreement, and such action may
be the subject of consultation as provided for in Article 8 of this Agreement.
Article 7: Institutional
Arrangements
1. The ASEAN Economic Ministers
(AEM) shall, for the purposes of this Agreement, establish a ministerial-level
Council comprising one nominee from each Member State and the Secretary-General
of the ASEAN Secretariat. The ASEAN Secretariat shall provide the support to
the ministerial-level Council for supervising, coordinating and reviewing the
implementation of this Agreement, and assisting the AEM in all matters relating
thereto. In the performance of its functions, the ministerial-level Council
shall also be supported by the Senior Economic Officials' Meeting (SEOM).
2. Member States which enter
into bilateral arrangements on tariff reductions pursuant to Article 4 of this
Agreement shall notify all other Member States and the ASEAN Secretariat of
such arrangements.
3. The ASEAN Secretariat shall
monitor and report to the SEOM on the implementation of the Agreement pursuant
to the Article III (2) (8) of the Agreement on the Establishment of the ASEAN
Secretariat. Member States shall cooperate with the ASEAN Secretariat in the
performance of its duties.
Article 8: Consultations
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2. Member States, which consider
that any other Member State has not carried out its obligations under this
Agreement, resulting in the nullifications or impairment of any benefit
accruing to them, may, with a view to achieving satisfactory adjustment of the
matter, make representations or proposal to the other Member States concerned,
which shall give due consideration to the representations or proposal made to
it.
3. Any differences between the
Member States concerning the interpretation or application of this Agreement
shall, as far as possible, be settled amicably between the parties. If such
differences cannot be settled amicably, it shall be submitted to the Council
referred to in Article 7 of this Agreement, and if necessary, to the AEM.
Article 9: General Exceptions
Nothing in this Agreement shall
prevent any Member State from taking action and adopting measures, which it
considers necessary for the protection of its national security, the protection
of public morals, the protection of human, animal or plant life and health, and
the protection of articles of artistic, historic and archaeological value.
Article 10: Final Provisions
1. The respective Governments of
Member States hall undertake the appropriate measures to fulfil the greed
obligations arising from this Agreement.
2. Any amendment to this
Agreement shall be made by consensus and shall become effective upon acceptance
by all Member States.
3. This Agreement shall be
effective upon signing
4. This Agreement shall be
deposited with the Secretary-General of the ASEAN Secretariat, who shall
likewise promptly furnish a certified copy thereof o each Member State.
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In witness whereof, the
undersigned, being duly authorised thereto by their respective Governments,
have signed this Agreement on Common Effective Preferential Tariff (CEPT)
Scheme for the Free Trade Area (AFTA).
Done at Singapore, this 28th day
of January, 1992 in a single copy in the English Language.