Adopted by the 34th ACC Meeting 1 RULES OF PROCEDURE FOR

Adopted by the 34

ACC Meeting

RULES OF PROCEDURE FOR CONCLUSION OF NON-LEGALLY BINDING

AGREEMENTS BY ASEAN (RPCA)

Rule1: Definition and Scope

1. This RPCA sets out the procedure for the conclusion of a non-legally binding

agreement by ASEAN as an intergovernmental organisation in the conduct of external

relations as provided in Article 41(7) of the ASEAN Charter.

2. For the purpose of this RPCA, “agreement” means any non-legally binding

agreement, which shall not give rise to any legal rights or obligations under domestic

or international laws. For the avoidance of doubt, such a non-legally binding nature

shall be expressly reflected in the agreement.

3. This RPCA shall not apply to the procedure for the adoption or endorsement of

documents such as statements, declarations, joint communique, plans of action,

records, or decisions which are done by ASEAN Organs, including ASEAN Sectoral

Ministerial Bodies (ASMB).

4. This RPCA shall not apply to the conclusion of international agreements

concluded by all ASEAN Member States collectively and which create obligations

upon individual ASEAN Member States.

Rule 2: Initiation and Commencement of Negotiation

1. A proposal for the conclusion of an agreement may be initiated by either

ASEAN or the external parties

2. The commencement of negotiation of the agreement shall be undertaken by

ASMB at the senior officials’ level in coordination with the Committee of Permanent

Representatives to ASEAN (CPR).

3. The CPR may initiate and commence negotiations of the agreement in

consultation with the relevant ASMB at the senior officials’ level on proposed areas or

subject-matters covered in the agreement, which fall under the relevant ASMB’s

purview.

Rule 3: Consideration of the Text of Agreement

1. The relevant ASMB at the senior officials’ level shall consider the negotiated

text of the agreements. If necessary, the ASMB may seek consultation with the CPR

For the purpose of this RPCA, “External Parties” refer to countries or sub-regional, regional and international

organisations and institutions as provided in Article 41(7) of the ASEAN Charter.

Adopted by the 34

ACC Meeting

in coordinating and developing an ASEAN common position pursuant to Article 41(2)

and Article 41(4) of the ASEAN Charter.

2. The relevant ASMB at the senior officials’ level shall endorse the negotiated

text of the agreement. The endorsed text shall be submitted to the CPR for

consideration and approval.

Rule 4: Approval of the text of Agreement and Signature by the Secretary-

General of ASEAN

1. Upon submission of the endorsed text to the CPR, the CPR shall consider and

approve the text of the agreement. In the course of the consideration of the text of

agreement, the CPR may seek clarification or otherwise revert the text of the

agreement to the relevant ASMB for further deliberation.

2. Once the text of the agreement is approved by the CPR, the Secretary-General

of ASEAN, may proceed to arrange the signing of the agreement on behalf of ASEAN.

Rule 5: Amendment or Termination of Agreement

The procedures set forth in this RPCA shall apply, mutatis mutandis, to the

amendment or termination of the agreement.

Rule 6: Role of the ASEAN Secretariat

The relevant Directorates of the ASEAN Secretariat with the support of the Legal

Services and Agreement Directorate shall facilitate and assist the relevant ASMB and

the CPR throughout the process of the negotiation and conclusion of the agreement.

Rule 7: General Provisions

1. This RPCA shall become effective on the date of its approval by the ASEAN

Coordinating Council (ACC).

2. This RPCA may be amended with the approval of the ACC upon the

recommendation of the CPR.

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