Considering the traditional links of friendship that exist between the members of ASEAN and Australia and New Zealand;
Considering their shared commitment in ensuring the economic well-being, health and safety of their citizens;
Desiring to enhance, through trade facilitation activities, trade and investment liberalization and to intensify the economic partnership;
Recognizing the contribution of standards and conformance to trade, economic and social development;
Acknowledging the experience, expertise and cooperation which already exists within regional groupings of infrastructure bodies and the value of an on-going and constructive relationship between these groupings;
Acknowledging the benefits of mutual recognition arrangements of regional groupings of infrastructure bodies to trade;
Acknowledging the important role played by infrastructure bodies in the development of international linkages and promotion of freer trade both within the AFTA-CER region and between the region and other economies;
Acknowledging the different stages of experience in the infrastructure development and the different infrastructure capacities of the ASEAN member states and the CER countries;
Recognizing the mutual interest and benefits of strengthening technical cooperation; and
Bearing in mind their status (except Vietnam) as Contracting Parties to the Agreement establishing the World Trade Organization;
HAVE reached an understanding on the following:
This Memorandum of Understanding embodies the understandings of the Governments of Brunei Darussalam, the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Vietnam and the Governments of Australia and New Zealand and is an expression of the intent of the Parties to work together in their mutual interest.
The Parties will use their best endeavours to achieve the objectives set out in paragraph 2 of this Memorandum using the standards and conformance infrastructure bodies established or which may be established, in the AFTA-CER region (the Bodies).
This Memorandum is not legally binding in international law.
The principal objectives of this Memorandum are:
(a) to encourage collaboration in programs that may, from time to time, be arranged between the Bodies that support the development of standards and conformance systems that facilitate trade; and
(b) to encourage and promote cooperation on standards and conformance including :
The Parties will implement the objectives set out in paragraph 2 of this Memorandum through their respective Bodies. The Bodies will use their best endeavours to achieve these objectives.
The Parties or the Bodies may negotiate subsidiary arrangements in support of the objectives set out in paragraph 2 of this Memorandum. Subsidiary arrangements will make specific reference to this Memorandum and will be read subject to the provisions contained herein.
Specific programs for cooperation in the areas of standards -and conformance will be identified and jointly determined by the Parties and the Bodies following appropriate consultation with domestic industry representatives and in accordance with criteria to be developed and determined by the Parties.
Each Party to this Memorandum will be responsible for the costs of its participation in activities implementing this Memorandum.
Activities will be implemented in accordance with the laws and regulations of the country in which they are being carried out and in accordance with each country's membership in international infrastructure bodies.
The Parties will exchange information on specific matters identified in the subsidiary arrangements made pursuant to this Memorandum.
Cooperative activities that are carried out pursuant to this Memorandum will respect the intellectual property rights of the Bodies or their constituents.
To ensure that this Memorandum operates in a satisfactory manner, this Memorandum will be reviewed, in terms of facilitating trade, economic and social development, reducing or eliminating technical barriers to trade and fostering cooperation on standards and conformance between the Parties. The Parties or the Bodies may hold further consultations as may be necessary from time to time.
This Memorandum may be extended to include additional signatories according to procedures to be mutually determined by the Parties.
This Memorandum will take effect from the date on which it is signed by the Parties.
This Memorandum may be terminated by either Party giving six months written notice to the other Party.
These Parties have signed this Memorandum at on this day of 1996;
DONE at Jakarta, Indonesia in a single copy in the English Language.
For the Government of Brunei Darussalam
For the Government of the Republic of Indonesia
For the Government of Malaysia
For the Government of the Republic of the Philippines
For the Government of the Kingdom of Thailand
For the Government of the Socialist Republic of Vietnam
For the Government of Australia
For the Government of New Zealand