The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations (hereinafter referred to as “Contracting Parties”);

RECALLING the ASEAN Framework Agreement on the Facilitation of Goods in Transit signed on 16 December 1998 in Ha Noi, Viet Nam (hereinafter referred to as “the Agreement”);

RECOGNISING that Articles 6 and 25 thereof provide for the conclusion of implementing Protocols which shall form integral parts of the Agreement;

RECOGNISING also paragraph 3 of Article I of the Framework Agreement on Enhancing ASEAN Economic Cooperation signed on 28 January 1992 in Singapore, that , in the implementation of economic arrangements, two or more Member States may proceed first if other Member States are not ready to implement these arrangements; and

DESIRING to encourage and facilitate transit transport operations among the Contracting Parties;

HAVE AGREED AS FOLLOWS:


 
Article 1 – Scope of Application

Pursuant to Article 6.1 of the Agreement, the Contracting Parties hereby agree to apply the provisions of this Protocol to the road or highway transport routes as duly designated for the purpose of transit transport of goods in ASEAN.

 

Article 2 – Designation of Road or Highway Transit Transport Routes

  1. The Contracting Parties hereby agree to formalise the initial respective road or highway routes, as basis for the designation of transit transport routes for purpose of this Protocol, which are listed in the Annex to this Protocol. 
  2. The Contracting Parties shall affirm their designated road or highway transit transport routes at the time of the deposit of their Instruments of Ratification or Acceptance with the Secretary-General of ASEAN. The affirmation shall be with the mutual agreement of the immediate neighbouring Contracting Party or Parties.
  3. The Contracting Parties may initiate proposals for the modification and/ or expansion of the regional transit transport network from time to time. Any proposed modifications/changes by one Contracting Party shall be with the mutual agreement of the immediate neighbouring Contracting Party or Parties. Subsequent amendments shall be deposited with the Secretary-General of ASEAN.
  4. The designated road or highway transit transport routes established shall be without prejudice to any ongoing territorial claims between the Contracting Parties.

 

Article 3 – Obligations

  1. The Contracting Parties, subject to their relevant national laws and regulations, hereby agree to authorise the unhindered access and movement of means of transport as specified in Protocol 4 of the Agreement, including persons and goods, in the duly designated road or highway transit transport routes under this Protocol.
  2. The Contracting Parties hereby agree to adopt the minimum set of technical design standards and requirements under the Ministerial Understanding on the Development of the ASEAN Highway Network Project signed on 15 September 1999 in Hanoi, Vietnam.
  3. The Contracting Parties shall endeavour to provide vehicle rest areas on their designated road or highway transit transport routes at appropriate intervals.
  4. The Contracting Parties shall endeavour to provide adequate parking space for containers and for road vehicles awaiting goods clearance at duly designated frontier posts at border points as may specified in Protocol 2 of the Agreement.

Article 4 – Institutional Arrangements

  1. The ASEAN Senior Transport Officials Meeting shall be the responsible body for the monitoring, review, coordination and supervision of all aspects relating to the effective implementation of this Protocol.
  2. The ASEAN Senior Transport Officials Meeting shall submit, through the ASEAN Secretariat, regular reports of the progress of implementation of this Protocol to the Transit Transport Coordinating Board established pursuant to Article 29.2 of the Agreement, for further action.
  3. The ASEAN Secretariat shall provide the necessary technical support and assistance to the ASEAN Senior Transport Officials Meeting in its functions and responsibilities under this Protocol.

Article 5 – Final Provisions

  1. This Protocol shall be deposited with the Secretary-General of ASEAN who shall promptly furnish a certified copy thereof to each Contracting Party.
  2. This Protocol shall form an integral part of the Agreement.
  3. This Protocol is subject to ratification or acceptance by the Contracting Parties. The Instruments of Ratification or Acceptance, including the affirmation of their designated road or highway transit transport routes, shall be deposited with the Secretary–General of ASEAN who shall promptly inform each Contracting Party of such deposit. The affirmation or designation, as the case may be, of the transit transport route(s) and subsequent changes or modifications to such route(s) shall be accompanied by supporting documents showing the mutual agreement of the immediate neighbouring Contracting Party or Parties.
  4. This Protocol shall enter into force on the sixtieth day after the deposit of the sixth Instrument of Ratification or Acceptance, and shall become effective only among the Contracting Parties that have ratified or accepted it. For each Contracting Party ratifying or accepting to the Protocol after the deposit of the sixth Instrument of Ratification or Acceptance, the Protocol shall enter into force on the sixtieth day after the deposit of such Contracting Party of its Instrument of Ratification or Acceptance.
  5. Any amendment to the provisions of this Protocol shall be effected by consent of all the Contracting Parties.

IN WITNESS WHEREOF, the undersigned, being duly authorised to sign by their respective Governments, have signed Protocol 1 – Designation of Transit Transport Routes and Facilities to implement the ASEAN Framework Agreement on the Facilitation of Goods in Transit.

DONE at Bangkok, Thailand, this Eighth Day of February in the Year Two Thousand and Seven, in a single original copy in the English language.

For Brunei Darussalam:

……………………………….
PEHIN DATO ABU BAKAR APONG 
Minister of Communications

For the Kingdom of Cambodia:

……………………………….
SUN CHANTHOL
Minister of Public Works and Transport

For the Republic of Indonesia:

……………………………….
WENDY ARITENANG
Secretary General 
Ministry of Transportation 

For the Lao People’s Democratic Republic:

……………………………….
SOMMAD PHOLSENA
Minister of Communication, Transport, Post and Construction

For Malaysia:

……………………………….
DATO’ SRI CHAN KONG CHOY
Minister of Transport

For the Union of Myanmar:

……………………………….
MAJOR GENERAL THEIN SWE
Minister for Transport

For the Republic of the Philippines:

……………………………….
ANNELI R. LONTOC
Undersecretary for Road Transport
Department of Transportation and Communications

For the Republic of Singapore:

……………………………….
RAYMOND LIM 
Minister for Transport

For the Kingdom of Thailand:

……………………………….
ADMIRAL THIRA HAO-CHAROEN 
Minister for Transport

For the Socialist Republic of Viet Nam:

……………………………….
HO NGHIA DUNG
Minister of Transport

Click here to download the List of Transit Transport Routes for Protocol 1