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PROTOCOL AMENDING THE AGREEMENT ON ASEAN ENERGY COOPERATION

The Government s of Brunei Darussalam, t he Republic of Indonesia, Malaysia, t he Republic of t he Philippines, t he Republic of Singapore, t he Kingdom of Thailand and t he Socialist Republic of Viet nam;

NOTING t he Agreement on ASEAN Energy Cooperat ion signed by t he t hen six Member Count ries in Manila, Philippines on 24 June 1986 (hereinaf t er ref erred t o as "t he Agreement ");

NOTING FURTHER t hat t he Government of t he Social ist Republic of Viet nam had j oined t he ASEAN on 28 Jul y 1 995 and had agreed t o subscribe or accede, as t he case may be, t o all Declarat ions, Treat ies and Agreement s in ASEAN; and t hat t he Socialist Republic of Viet nam had on t he 10t h day of June 1996 signed t he Not if icat ion of Adherence t o t he Agreement , and had on t he 22nd day of June 1996 deposit ed t he Inst rument of Rat if icat ion wit h t he Secret ary-General of ASEAN whereby t he Socialist Republic of Viet nam, respect ively, gave not ice of it s desire t o subscribe and be t reat ed as a part y t o t he said Agreement , and gave not ice of it s conf irmat ion and rat if icat ion of t he same and undert ook t o perf orm and carry out f ait hf ully all st ipul at ions t herein cont ained;

RECOGNISING t he need t o amend t he Agreement t o ref lect t he lat est development s in ASEAN, hereby invoke t he provision of Paragraph 5 of ARTICLE 9 of t he af oresaid Agreement , and

HAVE AGREED AS FOLLOWS

ARTICLE 1

The f irst paragraph of t he preambl e t o read as f ollows:

"The Government s of Brunei Darussalam, t he Republic of Indonesia, Malaysia, t he Republic of t he Philippines, t he Republic of Singapore, t he Kingdom of Thailand, and t he Socialist Republic of Viet nam, being members of t he Associat ion of Sout h-East Asian Nat ions, which Associat ion shall hereinaf t er ref erred t o as ASEAN: "

ARTICLE 2

The f ollowing be insert ed af t er ARTICLE 8 as a new ARTICLE 8A t o t he Agreement :

"Accession of New Member(s)

Any New Member(s) of ASEAN shall accede t o t his Agreement on t erms and condit ions which are consist ent wit h t he Agreement , and which have been agreed bet ween t he New Member(s) and t he t hen exist ing Members of ASEAN. "

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ARTICLE 3

Paragraphs 2, 3 award 6 of ARTICLE 9 t o read as f ollows:

"2. The Inst rument s of rat if icat ion shall be deposit wit h t he Secret ary-General of ASEAN who shall prompt ly inf orm each ASEAN Member Count ry of such deposit . "

"3. This Agreement shall ent er int o f orce on t he t hirt iet h Clay af t er t he deposit of t he sixt h Inst rument of Rat if icat ion. For New Member(s) whose Inst rument (s) of Accession is (are) deposit ed subsequent t o t he ent ry int o f orce of t his Agreement , it shall ent er int o f orce on t he t hirt iet h day af t er t he deposit of t he inst rument (s) of Accession. "

"6. This Agreement shall be deposit ed wit h t he Secret ary-General of ASEAN who shall prompt ly f urnish a cert if ies' copy t hereof t o each ASEAN Member Count ry. "

ARTICLE 4

1. All ot her provisions of t he Agreement not inconsist ent herewit h shall remain valid and binding and t hat t hese f oregoing Amendment s shall f orm an int egral part of t he Agreement .

2. This Prot ocol shal l come int o f orce ret roact ive t o t he 1 5t h of December 1995, upon signing by t he seven Member Count ries.

3. This Prot ocol shall be deposit ed wit h t he Secret ary-General of ASEAN who shall prompt ly f urnish a cert if ied copy t hereof ASEAN Member Count ry.

IN WITNESS WHEREOF t he undersigned, being dut y aut horised t heret o by t heir respect ive Government s, have signed t his First Prot ocol Amending t he Agreement on ASEAN Energy Cooperat ion.

DONE at Kuala Lumpur, t his 23rd day of July 1997 in a single copy in t he English l anguage.

For t he Government of Brunei Darussalam

sgd

H. R. H. PRINCE MOHAMED BOLKIAH Minist er of Foreign Af f airs

For t he Government of t he Republic of Indonesia :

sgd

ALI ALATAS

Minist er f or Foreign Af f airs

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For t he Government of Malaysia :

sgd

DATUK ABDULLAH HAJI AHMAD BADAWI Minist er of Foreign Af f airs

For t he Government of t he Republic of t he Phil ippines :

sgd

DOMINGO L. SIAZON, JR. Secret ary of Foreign Af f airs

For t he Government of t he Republic of Singapore :

sgd

PROFESSOR S. JAYAKUMAR Minist er f or Foreign Af f airs

For t he Government of t he Kingdom of Thailand :

sgd

PRACHUAB CHAIYASAN Minist er of Foreign Af f airs

For t he Government of t he Socialist Republic of Viet nam :

sgd

NGUYEN MANH CAM Minist er of Foreign Af f airs

it s downl oad f rom ht t p:/ / www.aseansec.org

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