MEMORANDUM OF UNDERSTANDING BETWEEN
THE GOVERNMENTS OF THE MEMBER COUNTRIES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN)
AND
THE GOVERNMENT OF THE PEOPLE’ S REPUBLIC OF CHINA
ON COOPERATION IN THE FIELD OF NON-TRADITIONAL SECURITY ISSUES
The Government s of t he Member Count ries of t he Associat ion of Sout heast Asian Nat ions (ASEAN) and t he Government of t he People’ s Republic of China, (hereinaf t er ref erred t o as “ t he Part ies” );
DESIRING t o st rengt hen t he f riendly cooperat ion among t he Part ies;
PURSUANT t o t he Joint Declarat ion of ASEAN and China on Cooperat ion in t he Field of Non-t radit ional Securit y Issues adopt ed on 4t h November 2002;
DETERMINED t o deepen cooperat ion in t he f ield of non-t radit ional securit y issues among t he Part ies;
Have agreed as f oll ows:
Article 1 Obj ectives
The Part ies shall devel op pract ical st rat egies in accordance wit h t heir nat ional laws and regulat ions t o enhance t he capacit y of each individual count ry and t he region as a whole in dealing wit h such non-t radit ional securit y issues as t raf f icking in illegal drugs, people smuggling including t raf f icking in women and children, sea piracy, t errorism, arms smuggling, money l aundering, int ernat ional economic crime and cyber crime.
Article 2 Areas of Cooperat ion
The Part ies have ident if ied t he f ollowing f ields of common int erest f or mid and long-t erm cooperat ion:
1. Informat ion Exchange
a. The Part ies shall est ablish a compilat ion of t heir nat ional laws and regulat ions pert aining t o such f ields as ment ioned in Art icle 1;
b. The Part ies shall est ablish a collect ion of int ernat ional convent ions pert aining t o such f ields as ment ioned in Art icle 1, t o which t hey are part ies, and a collect ion of bilat eral agreement s signed among t hem where appropriat e;
c. The Part ies shall, subj ect t o t heir respect ive nat ional laws and pol icies, exchange int elligence on t he non-t radit ional securit y issues ref erred t o in Art icle 1; and
d. The Part ies shall, subj ect t o t heir respect ive nat ional laws and pol icies, exchange inf ormat ion on special equipment and t echniques applied in t he prevent ion and invest igat ion of t he non-t radit ional securit y issues ref erred t o in Art icle 1.
2. Personnel Exchange and Training
a. The Part ies shall promot e personnel cont act and exchange among t heir law enf orcement of f icers and expert s;
b. China shall organize workshops t o promot e exchange of law enf orcement experiences among t he Part ies in combat ing t errorism, t raf f icking in illegal drugs, sea piracy and int ernat ional economic crime;
c. China shall hold t raining courses t o upgrade t he level of capacit y of each Part y and t he region as a whole in drug cont rol, f orensic sciences, immigrat ion administ rat ion, road t raf f ic cont rol and t he invest igat ion of cyber crime. To ensure t he qualit y of t he t raining courses, China shall invit e regional and int ernat ional expert s t o give lect ures; and
d. The Part ies shall promot e exchange and cooperat ion among inst it ut ions.
3. Law Enforcement Cooperation
a. The Part ies shall encourage and of f er each ot her t he f ullest law enf orcement cooperat ion possible in accordance wit h t heir respect ive nat ional laws and on t he basis of mut ual respect f or sovereignt y, equal it y and mut ual benef it ; and
b. The Part ies shall promot e cooperat ion in accordance wit h t heir nat ional laws in such f ields as evidence gat hering, t racing of crime proceeds, apprehension and repat riat ion of criminal f ugit ives and ret urn of crime proceeds; and encourage each ot her t o ent er int o bilat eral legal arrangement s t herein.
4. Joint Research
a. The Part ies shall support t he j oint research by t heir expert s and scholars in t he f ield of non-t radit ional securit y issues, and share t he result s of research bet ween t hem; and
b. The Part ies shall organize expert s in relevant f ields t o provide short -t erm t echnical services and t o make st udy t ours.
Article 3 Implement at ion
1. The Part ies agree t hat t he implement ing agencies f or t his Memorandum of Underst anding are:
a. The ASEAN Secret ariat in coordinat ion wit h t he relevant nat ional agencies of t he ASEAN Member Count ries; and
b. The Minist ry of Public Securit y f or t he People’ s Republic of China.
The implement ing agencies of t he Part ies shall det ermine t hrough consult at ion t he det ails, schedule and arrangement s f or t he implement at ion of t he cooperat ion provided in t his Memorandum of Underst anding, and shall serve as coordinat ors f or such cooperat ion.
2. ASEAN welcomes China’ s part icipat ion in t he exist ing ASEAN cooperat ion pert aining t o t he f ight against t ransnat ional crime, incl uding t he ASEAN Act ion Plan on t he Fight against Transnat ional Crime and it s Work Program.
3. The Part ies shall hold meet ings at working level once every year t o exchange inf ormat ion on implement at ion of t his Memorandum of Underst anding, t o brief each ot her on t he progress of cooperat ion under various mechanisms, and t o discuss t he plans f or f ut ure cooperat ion.
Article 4
Financial Arrangement s
1. Expenses of workshops and t raining courses organized by China in accordance wit h t his Memorandum of Underst anding shall be covered by t he Chinese side, including meals, accommodat ion and local t ransport at ion f or t he part icipant s sent by ASEAN Member Count ries during t heir st ay in China and f ees f or invit ing expert s, while t he expenses of int ernat ional t ravel shall be covered by t he sending Count ries, except when it is agreed ot herwise.
2. Expenses incurred in t he implement at ion of ot her cooperat ive act ivit ies in accordance wit h t his Memorandum of Underst anding shall be covered by t he Part ies t hrough consult at ion.
3. The act ivit ies ment ioned in t his Memorandum of Underst anding shall be conduct ed subj ect t o t he availabilit y of f unds and personnel of t he Part ies.
Article 5 Confident ialit y
1. Inf ormat ion, document , dat a, equipment or t echnology received in accordance wit h t his Memorandum of Underst anding shall not be disclosed or dist ribut ed t o any t hird part y except t o t he ext ent as aut horized in writ t en f orm t o do so by t he count ry providing it .
2. In t he event of t erminat ion of t his Memorandum of Underst anding, t he Part ies have agreed t hat t he provisions of t his Art icle shall cont inue t o apply.
Article 6 Suspension
Each Part y reserves t he right f or reasons of securit y, public order or public healt h t o suspend t emporarily, eit her in whole or in part t he implement at ion of t his Memorandum of Underst anding, which suspension shall t ake ef f ect immediat ely af t er not if icat ion has been given t o t he ot her Part y t hrough diplomat ic channels.
Article 7
Revision and Amendment
The Part ies may request in writ ing a revision, amendment or modif icat ion of all or any part of t his Memorandum of Underst anding. Any revision, amendment or modif icat ion shall be mut ually agreed upon in writ t en f orm by t he Part ies and shall f orm part of t his Memorandum of Underst anding. Such revision, amendment or modif icat ion shall come int o f orce on such dat e as may be det ermined by t he Part ies.
Article 8 Set t lement of Disput e
Any disput e or dif f erences arising out of t he int erpret at ion/ implement at ion/ appl icat ion of t he provisions of t his Memorandum of Underst anding shall be set t led amicably t hrough consult at ion/ negot iat ion bet ween t he Part ies wit hout ref erence t o any t hird part y.
Article 9
Ent ry Int o Force, Durat ion and Terminat ion
1. This Memorandum of Underst anding shall come int o ef f ect on t he dat e of it s signing and shall remain in f orce f or a period of 5 years. Thereaf t er, it may be ext ended f or addit ional periods subj ect t o availabilit y of f unds and agreement s of t he Part ies expressed by way of exchange of let t ers.
2. Each Part y may give writ t en not ice t o t he ot her of it s desire t o t erminat e t his Memorandum of Underst anding, of which t erminat ion shall be ef f ect ive t hirt y (30) days af t er writ t en not if icat ion has been given t o t he ot her Part y. The t erminat ion of t his Memorandum of Underst anding shall not af f ect t he implement at ion of ongoing act ivit ies/ programs.
IN WITNESS WHEREOF, t he undersigned, duly aut horized by t he respect ive Government s of t he ASEAN Member Count ries and t he People’ s Republic of China, have signed t his Memorandum of Underst anding.
This Memorandum of Underst anding is signed in Bangkok, Thailand, on t he 10t h day of January of t he year Two Thousand and Four in t wo original copies in t he English language.
For ASEAN
signed
ONG KENG YONG Secret ary-General of ASEAN
For t he Government of t he People’ s Republic of China
signed
