The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam, member countries of the Association of Southeast Asian Nations (ASEAN) and Japan (hereinafter referred to collectively as “the participants”);
MINDFUL of the 2001 ASEAN Declaration on Joint Action to Counter Terrorism, which, inter alia, undertakes to strengthen cooperation at bilateral, regional and international levels in combating terrorism in a comprehensive manner and affirms that at the international level the United Nations should play a major role in this regard;
REAFFIRMING their determination to prevent, suppress and eliminate all forms of international terrorism in accordance with the Charter of the United Nations, international law and all the relevant United Nations resolutions or declarations on international terrorism, and reaffirming that the United Nations should play a major role in combating terrorism;
REAFFIRMING their unequivocal condemnation of all acts, methods and practices of terrorism in all its forms and manifestations, wherever and by whomever committed, as criminal and unjustifiable;
RECOGNISING that the threat of terrorism remains a global security concern and determined to address the threat posed by terrorists to the peace, security, stability and prosperity in the region;
REJECTING any attempt to associate terrorism with any religion, race or nationality;
RECALLING the Tokyo Declaration for the Dynamic and Enduring ASEAN-Japan Partnership in the New Millennium signed on 12 December 2003 in Tokyo, in which the parties reaffirmed the spirit of cooperation in the fight against terrorism and the shared recognition of the importance of counter terrorism cooperation;
SHARING the view that successfully eliminating terrorism requires a comprehensive approach that includes addressing its underlying causes;
ACKNOWLEDGING the remarkable achievements made by the ASEAN member countries in the fight against terrorism and welcoming the enhanced counter-terrorism measures taken by the ASEAN member countries in preventing the recurrence of terrorist attacks;
RECOGNISING the principles of sovereign equality, territorial integrity and non-intervention in the domestic affairs of other states; and
ENCOURAGED by the strong cooperation between the Member Countries of ASEAN and Japan on security, intelligence and law enforcement matters, and desiring to strengthen and expand this cooperation to fight international terrorism through the ASEAN Ministerial Meeting on Transnational Crime (AMMTC), as the leading ASEAN body for combating terrorism, and other mechanisms;
Solemnly declare as follows:
1. ASEAN and Japan reaffirm the importance of having a framework for cooperation to prevent, disrupt and combat international terrorism through information exchange, intelligence sharing and capacity-building.
2. The participants emphasise that the purpose of this cooperation is to enhance the efficacy of those efforts to combat terrorism.
Scope and Areas of Cooperation
3. The participants stress their commitment to implement the principles laid out in this Declaration, in accordance with their respective domestic laws and their specific circumstances, in any or all of the following activities and to review them at an appropriate existing meeting;
i) Strengthen exchange of information and law enforcement cooperation on the activities of terrorists and terrorist organisations; including through extradition and mutual assistance in criminal matters to bring terrorists to justice;
ii) Ensure the early conclusion and implementation of all relevant counter-terrorism conventions and protocols and the full compliance of all the relevant United Nations Resolutions on international terrorism, including Security Council Resolutions 1267, 1269, 1373,1390, 1455, 1456 and 1540 in accordance with article 25 of the United Nations Charter;
iii) Strengthen necessary measures to counter and prevent the financing of terrorists and terrorist organisations and the use of alternative means of remittance such as illegal money transfer;
iv) Implement appropriate measures so that terrorists will not use charitable organisations and groups to cover their activities;
v) Strengthen immigration controls to prevent the movement of terrorist and provide assistance to address border and immigration control challenges;
vi) Develop cooperation to enhance national transport security, including aviation security, maritime security and container security as agreed in the framework of ARF, ASEAN+3 and the ASEAN and Japan Transport Ministers Meeting;
vii) Strengthen capacity-building efforts through training and education; consultations between officials, analysts and field operators; dispatch of experts, seminars, and conferences, and joint projects as appropriate;
viii) Continue to develop cooperative projects with the Southeast Asia Regional Centre for Counter-Terrorism (SEARCCT) in Malaysia and explore cooperation with the International Law Enforcement Academy (ILEA) in Thailand and the Jakarta Center for Law Enforcement Cooperation (JCLEC) in Indonesia;
ix) Develop multilateral cooperation on fighting against terrorism in the international fora;
x) Develop detailed cooperative measures in the areas identified above; and
xi) Continue to support development projects that aim at reducing poverty and socio-economic disparity and injustices, as well as promoting the elevation of standard of living, in particular of underprivileged groups and people in underdeveloped areas;
4. The ASEAN member countries are called upon to become as a matter of urgency parties to all 12 United Nations conventions and protocols relating to terrorism.
5. The participants are called upon to designate their respective agency to coordinate with law enforcement agencies, authorities dealing with countering terrorist financing and other concerned government agencies, and to act as the National Focal Point for the purposes of implementing this Declaration.
Disclosure of Information
6. The participants expect that no confidential information, documents or data received in connection with this Declaration shall be disclosed or distributed to any third party, at any time, except to the extent agreed in writing by the participant that provided the information.
7. All the participants are urged to promote and implement in good faith and effectively the provisions of the present Declaration in all its aspects.
ADOPTED by the Heads of State/Government of ASEAN Member Countries and Japan on this Thirtieth Day of November 2004 in Vientiane, Lao People’s Democratic Republic.