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RR RUEHCHI RUEHCN RUEHDT RUEHGH RUEHHM RUEHNH RUEHVC
DE RUEHGP #2085/01 3241116
ZNR UUUUU ZZH
R 201116Z NOV 07
FM AMEMBASSY SINGAPORE
TO RUEHC/SECSTATE WASHDC 4451
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHOO/CHINA POSTS COLLECTIVE
RUEHBY/AMEMBASSY CANBERRA 2038
RUEHNE/AMEMBASSY NEW DELHI 1875
RUEHUL/AMEMBASSY SEOUL 4140
RUEHKO/AMEMBASSY TOKYO 5759
RUEHWL/AMEMBASSY WELLINGTON 1379
RUEHBS/USEU BRUSSELS
RUCNDT/USMISSION USUN NEW YORK 0123
RHEHNSC/NSC WASHINGTON DC
RHHMUNA/CDR USPACOM HONOLULU HI
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC

UNCLAS SECTION 01 OF 14 SINGAPORE 002085 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PGOV PREL PHUM SN ASEAN
SUBJECT: ASEAN LEADERS SIGN CHARTER 
 
REFS: (A) Singapore 2075; (B) Singapore 2052 
 
¶1.  (U) Summary:  Following is the text, as issued by the Singapore 
MFA, of the ASEAN Charter signed by ASEAN leaders in Singapore on 
November 20.  The Charter identifies "democracy," "the rule of law," 
and "human rights" as principles of ASEAN, in addition to familiar 
ASEAN principles like "sovereignty," non-interference" and 
"consensus."  The document creates a human rights body but does not 
specify what authority it will have.  It calls for the establishment 
of ASEAN Community Councils covering political/security, economic, 
and socio-cultural issues.  It states that there will be four Deputy 
Secretaries General to assist the ASEAN Secretary General.  It 
 
SIPDIS 
specifies that ASEAN member states will appoint Jakarta-based 
permanent representatives to ASEAN with ambassadorial rank.  It 
indicates that unresolved disputes are to be referred to the ASEAN 
Summit for decision.  It calls for holding two Summits annually to 
increase the time available to discuss internal ASEAN issues.  End 
Summary. 
 
¶2.  BEGIN TEXT: 
 
CHARTER OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS 
 
PREAMBLE 
 
WE, THE PEOPLES of the Member States of the Association of Southeast 
Asian Nations (ASEAN), as represented by the Heads of State or 
Government 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 and the Socialist 
Republic of Viet Nam: 
 
NOTING with satisfaction the significant achievements and expansion 
of ASEAN since its establishment in Bangkok through the promulgation 
of The ASEAN Declaration; 
 
RECALLING the decisions to establish an ASEAN Charter in the 
Vientiane Action Programme, the Kuala Lumpur Declaration on the 
Establishment of the ASEAN Charter and the Cebu Declaration on the 
Blueprint of the ASEAN Charter; 
 
MINDFUL of the existence of mutual interests and interdependence 
among the peoples and Member States of ASEAN which are bound by 
geography, common objectives and shared destiny; 
 
INSPIRED by and united under One Vision, One Identity and One Caring 
and Sharing Community; 
 
UNITED by a common desire and collective will to live in a region of 
lasting peace, security and stability, sustained economic growth, 
shared prosperity and social progress, and to promote our vital 
interests, ideals and aspirations; 
 
RESPECTING 
the fundamental importance of amity and cooperation, and the 
principles of sovereignty, equality, 
territorial integrity, non-interference, consensus and unity in 
diversity; 
 
ADHERING to the principles of democracy, the rule of law and good 
governance, respect for and protection of human rights and 
fundamental freedoms; 
 
RESOLVED to ensure sustainable development for the benefit of 
present and future generations and to place the well-being, 
livelihood and welfare of the peoples at the centre of the ASEAN 
community building process; 
 
CONVINCED of the need to strengthen existing bonds of regional 
solidarity to realise  an ASEAN Community that is politically 
cohesive, economically integrated and socially responsible in order 
to effectively respond to current and future challenges and 
opportunities; 
 
COMMITTED to intensifying community building through enhanced 
regional cooperation and integration, in particular by establishing 
an ASEAN Community comprising the ASEAN Security Community, the 
 
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ASEAN Economic Community and the ASEAN Socio-Cultural Community, as 
provided for in the Bali Declaration of ASEAN Concord II; 
 
HEREBY DECIDE to establish, through this Charter, the legal and 
institutional framework for ASEAN, 
 
AND TO THIS END, the Heads of State or Government of the Member 
States of ASEAN, assembled in Singapore on the historic occasion of 
the 40th anniversary of the founding of ASEAN, have agreed to this 
Charter. 
 
CHAPTER I 
PURPOSES AND PRINCIPLES 
 
ARTICLE 1 
PURPOSES 
 
The Purposes of ASEAN are: 
 
¶1. To maintain and enhance peace, security and stability and further 
strengthen peace-oriented values in the region; 
 
¶2. To enhance regional resilience by promoting greater political, 
security, economic and socio-cultural cooperation; 
 
¶3. To preserve Southeast Asia as a Nuclear Weapon-Free Zone and free 
of all other weapons of mass destruction; 
 
¶4. To ensure that the peoples and Member States of ASEAN live in 
peace with the world at large in a just, democratic and harmonious 
environment; 
 
¶5. To create a single market and production base which is stable, 
prosperous, highly competitive and economically integrated with 
effective facilitation for trade and investment in which there is 
free flow of goods, services and investment; facilitated movement of 
business persons, professionals, talents and labour; and freer flow 
of capital; 
 
¶6. To alleviate poverty and narrow the development gap within ASEAN 
through mutual assistance and cooperation; 
 
¶7. To strengthen democracy, enhance good governance and the rule of 
law, and to promote and protect human rights and fundamental 
freedoms, with due regard to the rights and responsibilities of the 
Member States of ASEAN; 
 
¶8. To respond effectively, in accordance with the principle of 
comprehensive security, to all forms of threats, transnational 
crimes and transboundary challenges; 
 
¶9. To promote sustainable development so as to ensure the protection 
of the region's environment, the sustainability of its natural 
resources, the preservation of its cultural heritage and the high 
quality of life of its peoples; 
 
¶10. To develop human resources through closer cooperation in 
education and life-long learning, and in science and technology, for 
the empowerment of the peoples of ASEAN and for the strengthening of 
the  ASEAN Community; 
 
¶11. To enhance the well-being and livelihood of the peoples of ASEAN 
by providing them with equitable access to opportunities for human 
development, social welfare and justice; 
 
¶12. To strengthen cooperation in building a safe, secure and 
drug-free environment for the peoples of ASEAN; 
 
¶13. To promote a people-oriented ASEAN in which all sectors of 
society are encouraged to participate in, and benefit from, the 
process of ASEAN integration and community building; 
 
¶14. To promote an ASEAN identity through the fostering of greater 
awareness of the  diverse culture and heritage of the region; and 
 
¶15. To maintain the centrality and proactive role of ASEAN as the 
primary driving force in its relations and cooperation with its 
external partners in a regional architecture that is open, 
 
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transparent and inclusive. 
 
ARTICLE 2 
PRINCIPLES 
 
¶1. In pursuit of the Purposes stated in Article 1, ASEAN and its 
Member States reaffirm and adhere to the fundamental principles 
contained in the declarations, agreements, conventions, concords, 
treaties and other instruments of ASEAN. 
 
¶2. ASEAN and its Member States shall act in accordance with the 
following Principles: 
 
(a) respect for the independence, sovereignty, equality, territorial 
integrity and national identity of all ASEAN Member States; 
 
(b) shared commitment and collective responsibility in enhancing 
regional peace, security and prosperity; 
 
(c) renunciation of aggression and of the threat or use of force or 
other actions in any manner inconsistent with international law; 
 
(d) reliance on peaceful settlement of disputes; 
 
(e) non-interference in the internal affairs of ASEAN Member 
States; 
 
(f) respect for the right of every Member State to lead its national 
existence free from external interference, subversion and coercion; 
 
(g) enhanced consultations on matters seriously affecting the common 
interest of ASEAN; 
 
(h) adherence to the rule of law, good governance, the principles of 
democracy and constitutional government; 
 
(i) respect for fundamental freedoms, the promotion and protection 
of human rights, and the promotion of social justice; 
 
(j) upholding the United Nations Charter and international law, 
including international humanitarian law, subscribed to by ASEAN 
Member States; 
 
(k) abstention from participation in any policy or activity, 
including the use of its territory, pursued by any ASEAN Member 
State or non-ASEAN State or any non-State actor, which threatens the 
sovereignty, territorial integrity or political and economic 
stability of ASEAN Member States; 
 
(l) respect for the different cultures, languages and religions of 
the peoples of ASEAN, while emphasising their common values in the 
spirit of unity in diversity; 
 
(m) the centrality of ASEAN in external political, economic, social 
and cultural relations while remaining actively engaged, 
outward-looking, inclusive and non-discriminatory; and 
 
(n) adherence to multilateral trade rules and ASEAN's rules-based 
regimes for effective implementation of economic commitments and 
progressive reduction towards elimination of all barriers to 
regional economic integration, in a market-driven economy. 
 
CHAPTER II 
 
LEGAL PERSONALITY 
 
ARTICLE 3 
LEGAL PERSONALITY OF ASEAN 
 
ASEAN, as an inter-governmental organisation, is hereby conferred 
legal personality. 
 
CHAPTER III 
MEMBERSHIP 
 
ARTICLE 4 
MEMBER STATES 
 
 
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The Member States of ASEAN are 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 and 
the Socialist Republic of Viet Nam. 
 
ARTICLE 5 
RIGHTS AND OBLIGATIONS 
 
¶1. Member States shall have equal rights and obligations under this 
Charter. 
 
¶2. Member States shall take all necessary measures, including the 
enactment of appropriate domestic legislation, to effectively 
implement the provisions of this Charter and to comply with all 
obligations of membership. 
 
¶3. In the case of a serious breach of the Charter or non-compliance, 
the matter shall be referred to Article 20. 
 
ARTICLE 6 
ADMISSION OF NEW MEMBERS 
 
¶1. The procedure for application and admission to ASEAN shall be 
prescribed by the ASEAN Coordinating Council. 
 
¶2. Admission shall be based on the following criteria: 
 
(a)  location in the recognised geographical region of Southeast 
Asia; 
 
(b) recognition by all ASEAN Member States; 
 
(c) agreement to be bound and to abide by the Charter; and 
 
(d) ability and willingness to carry out the obligations of 
Membership. 
 
¶3. Admission shall be decided by consensus by the ASEAN Summit, upon 
the recommendation of the ASEAN Coordinating Council. 
 
¶4. An applicant State shall be admitted to ASEAN upon signing an 
Instrument of Accession to the Charter. 
 
CHAPTER IV 
ORGANS 
 
ARTICLE 7 
ASEAN SUMMIT 
 
¶1. The ASEAN Summit shall comprise the Heads of State or Government 
of the Member States. 
 
¶2. The ASEAN Summit shall: 
 
(a) be the supreme policy-making body of ASEAN; 
 
(b) deliberate, provide policy guidance and take decisions on key 
issues pertaining to the realisation of the objectives of ASEAN, 
important matters of interest to Member States and all issues 
referred to it by the ASEAN Coordinating Council, the ASEAN 
Community Councils and ASEAN Sectoral Ministerial Bodies; 
 
(c) instruct the relevant Ministers in each of the Councils 
concerned to hold ad hoc inter-Ministerial meetings, and address 
important issues concerning ASEAN that cut across the Community 
Councils. Rules of procedure for such meetings shall be adopted by 
the ASEAN Coordinating Council; 
 
(d) address emergency situations affecting ASEAN by taking 
appropriate actions; 
 
(e) decide on matters referred to it under Chapters VII and VIII; 
 
(f) authorise the establishment and the dissolution of Sectoral 
Ministerial Bodies and other ASEAN institutions; and 
 
(g) appoint the Secretary-General of ASEAN, with the rank and status 
 
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of Minister, who will serve with the confidence and at the pleasure 
of the Heads of State or Government upon the recommendation of the 
ASEAN Foreign Ministers Meeting. 
 
¶3. ASEAN Summit Meetings shall be: 
 
(a) held twice annually, and be hosted by the Member State holding 
the ASEAN Chairmanship; and 
 
(b) convened, whenever necessary, as special or ad hoc meetings to 
be chaired by the Member State holding the ASEAN Chairmanship, at 
venues to be agreed upon by ASEAN Member States. 
 
ARTICLE 8 
ASEAN COORDINATING COUNCIL 
 
¶1. The ASEAN Coordinating Council shall comprise the ASEAN Foreign 
Ministers and meet at least twice a year. 
 
¶2. The ASEAN Coordinating Council shall: 
 
(a) prepare the meetings of the ASEAN Summit; 
 
(b) coordinate the implementation of agreements and decisions of the 
ASEAN Summit; 
 
(c) coordinate with the ASEAN Community Councils to enhance policy 
coherence, efficiency and cooperation among them; 
 
(d) coordinate the reports of the ASEAN Community Councils to the 
ASEAN Summit; 
 
(e) consider the annual report of the Secretary-General on the work 
of ASEAN; 
 
(f) consider the report of the Secretary-General on the functions 
and operations of the ASEAN Secretariat and other relevant bodies; 
 
(g) approve the appointment and termination of the Deputy 
Secretaries-General upon the recommendation of the 
 
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Secretary-General; and 
 
SIPDIS 
 
(h) undertake other tasks provided for in this Charter or such other 
functions as may be assigned by the ASEAN Summit. 
 
¶3. The ASEAN Coordinating Council shall be supported by the relevant 
senior officials. 
 
ARTICLE 9 
ASEAN COMMUNITY COUNCILS 
 
¶1. The ASEAN Community Councils shall comprise the ASEAN 
Political-Security Community Council, ASEAN Economic Community 
Council, and ASEAN Socio-Cultural Community Council. 
 
¶2. Each ASEAN Community Council shall have under its purview the 
relevant ASEAN Sectoral Ministerial Bodies. 
 
¶3. Each Member State shall designate its national representation for 
each ASEAN Community Council meeting. 
 
¶4. In order to realise the objectives of each of the three pillars 
of the ASEAN Community, each ASEAN Community Council shall: 
 
(a) ensure the implementation of the relevant decisions of the ASEAN 
Summit; 
 
(b) coordinate the work of the different sectors under its purview, 
and on issues which cut across the other Community Councils; and 
 
(c) submit reports and recommendations to the ASEAN Summit on 
matters under its purview. 
 
¶5. Each ASEAN Community Council shall meet at least twice a year and 
shall be chaired by the appropriate Minister from the Member State 
holding the ASEAN Chairmanship. 
 
¶6. Each ASEAN Community Council shall be supported by the relevant 
 
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senior officials. 
 
ARTICLE 10 
ASEAN SECTORAL MINISTERIAL BODIES 
 
¶1. ASEAN Sectoral Ministerial Bodies shall: 
 
(a) function in accordance with their respective established 
mandates; 
 
(b) implement the agreements and decisions of the ASEAN Summit under 
their respective purview; 
 
(c) strengthen cooperation in their respective fields in support of 
ASEAN integration and community building; and 
 
(d) submit reports and recommendations to their respective Community 
Councils. 
 
¶2. Each ASEAN Sectoral Ministerial Body may have under its purview 
the relevant senior officials and subsidiary bodies to undertake its 
functions as contained in Annex 1. The Annex may be updated by the 
Secretary-General of ASEAN upon the recommendation of the Committee 
 
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of Permanent Representatives without recourse to the provision on 
Amendments under this Charter. 
 
ARTICLE 11 
SECRETARY-GENERAL OF ASEAN 
 
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AND ASEAN SECRETARIAT 
 
¶1. The Secretary-General of ASEAN shall be appointed by the ASEAN 
Summit for a non-renewable term of office of five years, selected 
from among nationals of the ASEAN Member States based on 
alphabetical rotation, with due consideration to integrity, 
capability and professional experience, and gender equality. 
 
¶2. The Secretary-General shall: 
 
(a) carry out the duties and responsibilities of this high office in 
accordance with the provisions of this Charter and relevant ASEAN 
instruments, protocols and established practices; 
 
(b) facilitate and monitor progress in the implementation of ASEAN 
agreements and decisions, and submit an annual report on the work of 
ASEAN to the ASEAN Summit; 
 
(c) participate in meetings of the ASEAN Summit, the ASEAN Community 
Councils, the ASEAN 
Coordinating Council, and ASEAN Sectoral Ministerial Bodies and 
other relevant ASEAN meetings; 
 
(d) present the views of ASEAN and participate in meetings with 
external parties in accordance with approved policy guidelines and 
mandate given to the Secretary-General; and 
 
(e) recommend the appointment and termination of the Deputy 
Secretaries-General to the ASEAN Coordinating Council for approval. 
 
SIPDIS 
 
¶3. The Secretary-General shall also be the Chief Administrative 
Officer of ASEAN. 
 
¶4. The Secretary-General shall be assisted by four Deputy 
Secretaries-General with the rank and status of Deputy Ministers. 
 
SIPDIS 
The Deputy Secretaries-General shall be accountable to the 
Secretary-General in carrying out their functions. 
 
SIPDIS 
 
¶5. The four Deputy Secretaries-General shall be of different 
nationalities from the Secretary-General and shall come from four 
different ASEAN Member States. 
 
¶6. The four Deputy Secretaries-General shall comprise: 
 
(a) two Deputy Secretaries-General who will serve a non-renewable 
term of three years, selected from among nationals of the ASEAN 
Member States based on alphabetical rotation, with due consideration 
to integrity, qualifications, competence, experience and gender 
equality; and 
 
 
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(b) two Deputy Secretaries-General who will serve a term of three 
years, which may be renewed for another three years. These two 
Deputy Secretaries-General shall be openly recruited based on 
merit. 
 
¶7. The ASEAN Secretariat shall comprise the Secretary-General and 
such staff as may be required. 
 
¶8. The Secretary-General and the staff shall: 
 
(a) uphold the highest standards of integrity, efficiency, and 
competence in the performance of their duties; 
 
(b) not seek or receive instructions from any government or external 
party outside of ASEAN; and 
 
(c) refrain from any action which might reflect on their position as 
ASEAN Secretariat officials responsible only to ASEAN. 
 
¶9. Each ASEAN Member State undertakes to respect the exclusively 
ASEAN character of the responsibilities of the Secretary-General and 
the staff, and not to seek to influence them in the discharge of 
their responsibilities. 
 
ARTICLE 12 
COMMITTEE OF PERMANENT REPRESENTATIVES 
TO ASEAN 
 
¶1. Each ASEAN Member State shall appoint a Permanent Representative 
to ASEAN with the rank of Ambassador based in Jakarta. 
 
¶2. The Permanent Representatives collectively constitute a Committee 
of Permanent Representatives, which shall: 
 
(a) support the work of the ASEAN Community Councils and ASEAN 
Sectoral Ministerial Bodies; 
 
(b) coordinate with ASEAN National Secretariats and other ASEAN 
Sectoral Ministerial Bodies; 
 
(c) liaise with the Secretary-General of ASEAN and the ASEAN 
Secretariat on all subjects relevant to its work; 
 
SIPDIS 
 
(d) facilitate ASEAN cooperation with external partners;  and 
 
(e) perform such other functions as may be determined by the ASEAN 
Coordinating Council. 
 
ARTICLE 13 
ASEAN NATIONAL SECRETARIATS 
 
Each ASEAN Member State shall establish an ASEAN National 
Secretariat which shall: 
 
SIPDIS 
 
(a) serve as the national focal point; 
 
(b) be the repository of information on all ASEAN matters at the 
national level; 
 
(c) coordinate the implementation of ASEAN decisions at the national 
level; 
 
(d) coordinate and support the national preparations of ASEAN 
meetings; 
 
(e) promote ASEAN identity and awareness at the national level; and 
 
(f) contribute to ASEAN community building. 
 
ARTICLE 14 
ASEAN HUMAN RIGHTS BODY 
 
¶1. In conformity with the purposes and principles of the ASEAN 
Charter relating to the promotion and protection of human rights and 
fundamental freedoms, ASEAN shall establish an ASEAN human rights 
body. 
 
¶2. This ASEAN human rights body shall operate in accordance with the 
 
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terms of reference to be determined by the ASEAN Foreign Ministers 
Meeting. 
 
ARTICLE 15 
ASEAN FOUNDATION 
 
¶1. The ASEAN Foundation shall support the Secretary-General of ASEAN 
and collaborate with the relevant ASEAN bodies to support ASEAN 
community building by promoting greater awareness of the ASEAN 
identity, people-to-people interaction, and close collaboration 
among the business sector, civil society, academia and other 
stakeholders in ASEAN. 
 
¶2. The ASEAN Foundation shall be accountable to the 
Secretary-General of ASEAN, who shall submit its report to the ASEAN 
 
SIPDIS 
Summit through the ASEAN Coordinating Council. 
 
CHAPTER V 
ENTITIES ASSOCIATED WITH ASEAN 
 
ARTICLE 16 
ENTITIES ASSOCIATED WITH ASEAN 
 
¶1. ASEAN may engage with entities which support the ASEAN Charter, 
in particular its purposes and principles. These associated entities 
are listed in Annex 2. 
 
¶2. Rules of procedure and criteria for engagement shall be 
prescribed by the Committee of Permanent Representatives upon the 
recommendation of the Secretary-General of ASEAN. 
 
¶3. Annex 2 may be updated by the Secretary-General of ASEAN upon the 
recommendation of the Committee of Permanent Representatives without 
recourse to the provision on Amendments under this Charter. 
 
CHAPTER VI 
IMMUNITIES AND PRIVILEGES 
 
ARTICLE 17 
IMMUNITIES AND PRIVILEGES OF ASEAN 
 
¶1. ASEAN shall enjoy in the territories of the Member States such 
immunities and privileges as are necessary for the fulfillment of 
its purposes. 
 
¶2. The immunities and privileges shall be laid down in separate 
agreements between ASEAN and the host Member State. 
 
ARTICLE 18 
IMMUNITIES AND PRIVILEGES OF THE SECRETARY-GENERAL OF ASEAN AND 
STAFF OF THE ASEAN SECRETARIAT 
 
¶1. The Secretary-General of ASEAN and staff of the ASEAN Secretariat 
participating in official ASEAN activities or representing ASEAN in 
the Member States shall enjoy such immunities and privileges as are 
necessary for the independent exercise of their functions. 
 
¶2. The immunities and privileges under this Article shall be laid 
down in a separate ASEAN agreement. 
 
ARTICLE 19 
IMMUNITIES AND PRIVILEGES OF THE PERMANENT REPRESENTATIVES AND 
OFFICIALS ON ASEAN DUTIES 
 
¶1. The Permanent Representatives of the Member States to ASEAN and 
officials of the Member States participating in official ASEAN 
activities or representing ASEAN in the Member 
States shall enjoy such immunities and privileges as are necessary 
for the exercise of their functions. 
 
¶2. The immunities and privileges of the Permanent Representatives 
and officials on ASEAN duties shall be governed by the 1961 Vienna 
Convention on Diplomatic Relations or in accordance with the 
national law of the ASEAN Member State concerned. 
 
CHAPTER VII 
DECISION-MAKING 
 
 
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ARTICLE 20 
CONSULTATION AND CONSENSUS 
 
¶1. As a basic principle, decision-making in ASEAN shall be based on 
consultation and consensus. 
 
¶2. Where consensus cannot be achieved, the ASEAN Summit may decide 
how a specific decision can be made. 
 
¶3. Nothing in paragraphs 1 and 2 of this Article shall affect the 
modes of decision-making as contained in the relevant ASEAN legal 
instruments. 
 
¶4. In the case of a serious breach of the Charter or non-compliance, 
the matter shall be referred to the ASEAN Summit for decision. 
 
ARTICLE 21 
IMPLEMENTATION AND PROCEDURE 
 
¶1. Each ASEAN Community Council shall prescribe its own rules of 
procedure. 
 
¶2. In the implementation of economic commitments, a formula for 
flexible participation, including the ASEAN Minus X formula, may be 
applied where there is a consensus to do so. 
 
CHAPTER VIII 
SETTLEMENT OF DISPUTES 
 
ARTICLE 22 
GENERAL PRINCIPLES 
 
¶1. Member States shall endeavour to resolve peacefully all disputes 
in a timely manner through dialogue, consultation and negotiation. 
 
¶2. ASEAN shall maintain and establish dispute settlement mechanisms 
in all fields of ASEAN cooperation. 
 
ARTICLE 23 
GOOD OFFICES, CONCILIATION AND MEDIATION 
 
¶1. Member States which are parties to a dispute may at any time 
agree to resort to good offices, conciliation or mediation in order 
to resolve the dispute within an agreed time limit. 
 
¶2. Parties to the dispute may request the Chairman of ASEAN or the 
Secretary-General of ASEAN, acting in an ex-officio capacity, to 
 
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provide good offices, conciliation or mediation. 
 
ARTICLE 24 
DISPUTE SETTLEMENT MECHANISMS IN SPECIFIC INSTRUMENTS 
 
¶1. Disputes relating to specific ASEAN instruments shall be settled 
through the mechanisms and procedures provided for in such 
instruments. 
 
¶2. Disputes which do not concern the interpretation or application 
of any ASEAN instrument shall be resolved 
peacefully in accordance with the Treaty of Amity and Cooperation in 
Southeast Asia and its rules of procedure. 
 
¶3. Where not otherwise specifically provided, disputes which concern 
the interpretation or application of ASEAN economic agreements shall 
be settled in accordance with the ASEAN Protocol on Enhanced Dispute 
Settlement Mechanism. 
 
ARTICLE 25 
ESTABLISHMENT OF DISPUTE SETTLEMENT MECHANISMS 
 
Where not otherwise specifically provided, appropriate dispute 
settlement mechanisms, including arbitration, shall be established 
for disputes which concern the interpretation or application of this 
Charter and other ASEAN instruments. 
 
ARTICLE 26 
UNRESOLVED DISPUTES 
 
When a dispute remains unresolved, after the application of the 
 
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preceding provisions of this Chapter, this dispute shall be referred 
to the ASEAN Summit, for its decision. 
 
ARTICLE 27 
COMPLIANCE 
 
¶1. The Secretary-General of ASEAN, assisted by the ASEAN Secretariat 
or any other designated ASEAN body,  shall monitor the compliance 
with the findings, recommendations or  decisions resulting from an 
ASEAN dispute settlement mechanism, and submit a report to the ASEAN 
Summit. 
 
¶2. Any Member State affected by non-compliance with the findings, 
recommendations or decisions resulting from an 
ASEAN dispute settlement mechanism, may refer the matter to the 
ASEAN Summit for a decision. 
 
ARTICLE 28 
UNITED NATIONS CHARTER PROVISIONS AND 
OTHER RELEVANT INTERNATIONAL PROCEDURES 
 
Unless otherwise provided for in this Charter, Member States have 
the right of recourse to the modes of peaceful settlement contained 
in Article 33(1) of the Charter of the United Nations or any other 
international legal instruments to which the disputing Member States 
are parties. 
 
CHAPTER IX 
BUDGET AND FINANCE 
 
ARTICLE 29 
GENERAL PRINCIPLES 
 
¶1. ASEAN shall establish financial rules and procedures in 
accordance with international standards. 
 
¶2. ASEAN shall observe sound financial management policies and 
practices and budgetary discipline. 
 
¶3. Financial accounts shall be subject to internal and external 
audits. 
 
ARTICLE 30 
OPERATIONAL BUDGET AND FINANCES 
OF THE ASEAN SECRETARIAT 
 
¶1. The ASEAN Secretariat shall be provided with the necessary 
financial resources to perform its functions effectively. 
 
¶2. The operational budget of the ASEAN Secretariat shall be met by 
ASEAN Member States through equal annual contributions which shall 
be remitted in a timely manner. 
 
¶3. The Secretary-General shall prepare the annual operational budget 
of the ASEAN Secretariat for approval by the ASEAN Coordinating 
Council upon the recommendation of the Committee of Permanent 
Representatives. 
 
¶4. The ASEAN Secretariat shall operate in accordance with the 
financial rules and procedures determined by the ASEAN Coordinating 
Council upon the recommendation of the Committee of Permanent 
Representatives. 
 
CHAPTER X 
ADMINISTRATION AND PROCEDURE 
 
ARTICLE 31 
CHAIRMAN OF ASEAN 
 
¶1. The Chairmanship of ASEAN shall rotate annually, based on the 
alphabetical order of the English names of Member States. 
 
¶2. ASEAN shall have, in a calendar year, a single Chairmanship by 
which the Member State assuming the Chairmanship shall chair: 
 
(a) the ASEAN Summit and related summits; 
 
(b) the ASEAN Coordinating Council; 
 
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(c) the three ASEAN Community Councils; 
 
(d) where appropriate, the relevant ASEAN Sectoral Ministerial 
Bodies and senior officials; and 
 
(e) the Committee of Permanent Representatives. 
 
ARTICLE 32 
ROLE OF THE CHAIRMAN OF ASEAN 
 
The Member State holding the Chairmanship of ASEAN shall: 
 
(a) actively promote and enhance the interests and well-being of 
ASEAN, including efforts to build an ASEAN Community through policy 
initiatives, coordination, consensus and cooperation; 
 
(b) ensure the centrality of ASEAN; 
 
(c) ensure an effective and timely response to urgent issues or 
crisis situations affecting ASEAN, including providing its good 
offices and such other arrangements to immediately address these 
concerns; 
 
(d) represent ASEAN in strengthening and promoting closer relations 
with external partners; and 
 
(e) carry out such other tasks and functions as may be mandated. 
 
ARTICLE 33 
DIPLOMATIC PROTOCOL AND PRACTICES 
 
ASEAN and its Member States shall adhere to existing diplomatic 
protocol and practices in the conduct of all activities relating to 
ASEAN. Any changes shall be approved by the ASEAN Coordinating 
Council upon the recommendation of the Committee of Permanent 
Representatives. 
 
ARTICLE 34 
WORKING LANGUAGE OF ASEAN 
 
The working language of ASEAN shall be English. 
 
CHAPTER XI 
IDENTITY AND SYMBOLS 
 
ARTICLE 35 
ASEAN IDENTITY 
 
ASEAN shall promote its common ASEAN identity and a sense of 
belonging among its peoples in order to achieve its shared destiny, 
goals and values. 
 
ARTICLE 36 
ASEAN MOTTO 
 
The ASEAN motto shall be: "One Vision, One Identity, One Community" 
 
ARTICLE 37 
ASEAN FLAG 
 
The ASEAN flag shall be as shown in Annex 3. 
 
ARTICLE 38 
ASEAN EMBLEM 
 
The ASEAN emblem shall be as shown in Annex 4. 
 
ARTICLE 39 
ASEAN DAY 
 
The eighth of August shall be observed as ASEAN Day. 
 
ARTICLE 40 
ASEAN ANTHEM 
 
ASEAN shall have an anthem. 
 
 
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CHAPTER XII 
EXTERNAL RELATIONS 
 
ARTICLE 41 
CONDUCT OF EXTERNAL RELATIONS 
 
¶1. ASEAN shall develop friendly relations and mutually beneficial 
dialogue, cooperation and partnerships with countries and 
sub-regional, regional and international organisations and 
institutions. 
 
¶2. The external relations of ASEAN shall adhere to the purposes and 
principles set forth in this Charter. 
 
¶3. ASEAN shall be the primary driving force in regional arrangements 
that it initiates and maintain its centrality in regional 
cooperation and community building. 
 
¶4. In the conduct of external relations of ASEAN, Member States 
shall, on the basis of unity and solidarity, coordinate and 
endeavour to develop common positions and pursue joint actions. 
 
¶5. The strategic policy directions of ASEAN's external relations 
shall be set by the ASEAN Summit upon the recommendation of the 
ASEAN Foreign Ministers Meeting. 
 
¶6. The ASEAN Foreign Ministers Meeting shall ensure consistency and 
coherence in the conduct of ASEAN's external relations. 
 
¶7. ASEAN may conclude agreements with countries or sub-regional, 
regional and international organisations and institutions. The 
procedures for concluding such agreements shall be prescribed by the 
ASEAN Coordinating Council in consultation with the ASEAN Community 
Councils. 
 
ARTICLE 42 
DIALOGUE COORDINATOR 
 
¶1. Member States, acting as Country Coordinators, shall take turns 
to take overall responsibility in coordinating and promoting the 
interests of ASEAN in its relations with the relevant Dialogue 
Partners, regional and international organisations and 
institutions. 
 
¶2. In relations with the external partners, the Country Coordinators 
shall, inter alia: 
 
(a) represent ASEAN and enhance relations on the basis of mutual 
respect and equality, in conformity with ASEAN's principles; 
 
(b) co-chair relevant meetings between ASEAN and external partners; 
and 
 
(c) be supported by the relevant ASEAN Committees in Third Countries 
and International Organisations. 
 
ARTICLE 43 
ASEAN COMMITTEES IN THIRD COUNTRIES 
AND INTERNATIONAL ORGANISATIONS 
 
¶1. ASEAN Committees in Third Countries may be established in 
non-ASEAN countries comprising heads of diplomatic missions of ASEAN 
Member States. Similar Committees may be established relating to 
international organisations. Such Committees shall promote ASEAN's 
interests and identity in the host countries and international 
organisations. 
 
¶2. The ASEAN Foreign Ministers Meeting shall determine the rules of 
procedure of such Committees. 
 
ARTICLE 44 
STATUS OF EXTERNAL PARTIES 
 
¶1. In conducting ASEAN's external relations, the ASEAN Foreign 
Ministers Meeting may confer on an external party the formal status 
of Dialogue Partner, Sectoral Dialogue Partner, Development Partner, 
Special Observer, Guest, or other status that may be established 
henceforth. 
 
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¶2. External parties may be invited to ASEAN meetings or cooperative 
activities without being conferred any formal status, in accordance 
with the rules of procedure. 
 
ARTICLE 45 
RELATIONS WITH THE UNITED NATIONS SYSTEM AND 
OTHER INTERNATIONAL ORGANISATIONS AND INSTITUTIONS 
 
¶1. ASEAN may seek an appropriate status with the United Nations 
system as well as with other sub-regional, regional, international 
organisations and institutions. 
 
¶2. The ASEAN Coordinating Council shall decide on the participation 
of ASEAN in other sub-regional, regional, international 
organisations and institutions. 
 
ARTICLE 46 
ACCREDITATION OF NON-ASEAN MEMBER STATES TO ASEAN 
 
Non-ASEAN Member States and relevant inter-governmental 
organisations may appoint and accredit Ambassadors to ASEAN. The 
ASEAN Foreign Ministers Meeting shall decide on such accreditation. 
 
CHAPTER XIII 
GENERAL AND FINAL PROVISIONS 
 
ARTICLE 47 
SIGNATURE, RATIFICATION, DEPOSITORY AND ENTRY INTO FORCE 
 
¶1. This Charter shall be signed by all ASEAN Member States. 
 
¶2. This Charter shall be subject to ratification by all ASEAN Member 
States in accordance with their respective internal procedures. 
 
¶3. Instruments of ratification shall be deposited with the 
Secretary-General of ASEAN who shall promptly notify all Member 
 
SIPDIS 
States of each deposit. 
 
¶4. This Charter shall enter into force on the thirtieth day 
following the date of deposit of the tenth instrument of 
ratification with the Secretary-General of ASEAN. 
 
ARTICLE 48 
AMENDMENTS 
 
¶1. Any Member State may propose amendments to the Charter. 
 
¶2. Proposed amendments to the Charter shall be submitted by the 
ASEAN Coordinating Council by consensus to the ASEAN Summit for its 
decision. 
 
¶3. Amendments to the Charter agreed to by consensus by the ASEAN 
Summit shall be ratified by all Member States in accordance with 
Article 47. 
 
¶4. An amendment shall enter into force on the thirtieth day 
following the date of deposit of the last instrument of ratification 
with the Secretary-General of ASEAN. 
 
ARTICLE 49 
TERMS OF REFERENCE AND RULES OF PROCEDURE 
 
Unless otherwise provided for in this Charter, the ASEAN 
Coordinating Council shall determine the terms of reference and 
rules of procedure and shall ensure their consistency. 
 
ARTICLE 50 
REVIEW 
 
This Charter may be reviewed five years after its entry into force 
or as otherwise determined by the ASEAN Summit. 
 
ARTICLE 51 
INTERPRETATION OF THE CHARTER 
 
¶1. Upon the request of any Member State, the interpretation of the 
Charter shall be undertaken by the ASEAN Secretariat in accordance 
 
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with the rules of procedure determined by the ASEAN Coordinating 
Council. 
 
¶2. Any dispute arising from the interpretation of the Charter shall 
be settled in accordance with the relevant provisions in Chapter 
VIII. 
 
¶3. Headings and titles used throughout the Charter shall only be for 
the purpose of reference. 
 
ARTICLE 52 
LEGAL CONTINUITY 
 
¶1. All treaties, conventions, agreements, concords, declarations, 
protocols and other ASEAN instruments which have been in effect 
before the entry into force of this Charter shall continue to be 
valid. 
 
¶2. In case of inconsistency between the rights and obligations of 
ASEAN Member States under such instruments and this Charter, the 
Charter shall prevail. 
 
ARTICLE 53 
ORIGINAL TEXT 
 
The signed original text of this Charter in English shall be 
deposited with the Secretary-General of ASEAN, who shall provide a 
certified copy to each Member State. 
 
ARTICLE 54 
REGISTRATION OF THE ASEAN CHARTER 
 
This Charter shall be registered by the Secretary-General of ASEAN 
with the Secretariat of the United Nations, pursuant to Article 102, 
paragraph 1 of the Charter of the United Nations. 
 
ARTICLE 55 
ASEAN ASSETS 
 
The assets and funds of the Organisation shall be vested in the name 
of ASEAN. 
 
Done in Singapore on the Twentieth Day of November in the Year Two 
Thousand and Seven, in a single original in the English language. 
 
For Brunei Darussalam: 
HAJI HASSANAL BOLKIAH Sultan of Brunei Darussalam 
 
For the Kingdom of Cambodia: 
SAMDECH HUN SEN  Prime Minister 
 
For the Republic of Indonesia: 
DR. SUSILO BAMBANG YUDHOYONO President 
 
For the Lao People's Democratic Republic: 
BOUASONE BOUPHAVANH Prime Minister 
 
For Malaysia: 
DATO' SERI ABDULLAH AHMAD BADAWI Prime Minister 
 
For the Union of Myanmar: 
THEIN SEIN Prime Minister 
 
For the Republic of the Philippines: 
GLORIA MACAPAGAL-ARROYO  President 
 
For the Republic of Singapore: 
LEE HSIEN LOONG Prime Minister 
 
For the Kingdom of Thailand: 
GENERAL SURAYUD CHULANONT (RET.)  Prime Minister 
 
For the Socialist Republic of Viet Nam: 
NGUYEN TAN DUNG  Prime Minister 
 
END TEXT. 
 
HERBOLD