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 subregional,
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 subregional,
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.
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 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.

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;
(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 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 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
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
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 VII DECISION-MAKING

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 noncompliance,
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 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 fulfilment 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 V ENTITIES ASSOCIATED WITH ASEAN

ARTICLE 16
ENTITIES ASSOCIATED WITH 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 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 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
Secretary-General; and
(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 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 of Permanent Representatives without recourse to the
provision on Amendments under this Charter.

ARTICLE 11
SECRETARY-GENERAL OF ASEAN
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.
3. The Secretary-General shall also be the Chief Administrative
Officer of ASEAN.

Secretaries-General with the rank and status of Deputy Ministers. The
Deputy Secretaries-General shall be accountable to the Secretary-
General in carrying out their functions.
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 nonrenewable
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
(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;
(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:
(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 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 Summit
through the ASEAN Coordinating Council.

CHAPTER III MEMBERSHIP

ARTICLE 4
MEMBER STATES

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 noncompliance,
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 II LEGAL PERSONALITY

ARTICLE 3
LEGAL PERSONALITY OF ASEAN

ASEAN, as an inter-governmental organisation, is hereby conferred
legal personality.