2021年1月23日发(作者：tastes怎么读)
FRAMEWORK
AGREEMENT
ON
COMPREHENSIVE
ECONOMIC
CO-OPERATION BETWEEN THE PEOPLE
’
S REPUBLIC OF CHINA AND THE
ASSOCIATION OF SOUTH EAST ASIAN NATIONS

PREAMBLE


WE, 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
(
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 1

Objectives


The 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 2

Measures For Comprehensive Economic Co-operation


The 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 1



ARTICLE 3

Trade In Goods


1. 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 governing
reciprocal 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 4

Trade in Services


With
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 5

Investment


To 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 6

Early Harvest


1.
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