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 field 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 resorts, 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 of the Secretary-General of ASEAN, acting in ex-officio capacity, to provide good offices, conciliation or mediation.
ARTICLE 24
DISPUTE SETTLEMENT MECHANISMS IN SPECIFIC
INSTRUMENTS
1. Disputes relating to specific ASEAN instrument 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 its rules of procedure.
3. Where not otherwise specifically provided, disputes which concern the interpretation or application of economic agreements shall be settled in accordance with the ASEAN Protocol no 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 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 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
OPERATONAL 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 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 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 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
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 organization 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 Organizations.
ARTICLE 43
ASEAN COMMITTEES IN THIRD COUNTRIES
AND INTERNATIONAL ORGANIZATIONS
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 by established relating to international organizations. Such Committees shall promote ASEAN’s interests and identity in the host countries and international organizations.
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 actives without being conferred any formal status, in accordance with the rules of procedure.
ARTICLE 45
RELATIONS WITH THE UNITED NATIONS SYSTEM AND
OTHER INTERNATIONAL ORGANIZATIONS AND
INETITUTIONS
1. ASEAN may seek an appropriate status with the United Nations system as well as with other sub-regional, regional, international organizations and institutions.
2. The ASEAN coordinating Council shall decide on the participation of ASEAN in with other sub-regional, regional, international organizations and institutions.
ARTICLE 46
ACCREDITATION OF NON- ASEAN MEMBER STATES TO
ASEAN
Non- ASEAN Member States and relevant inter-governmental organizations may appoint and accredit Ambassadors to ASEAN. The ASEAN Foreign Ministers Meeting shall decide on such accreditation.