RULES OF PROCEDURE FOR THE INTERPRETATION
OF THE ASEAN CHARTER
Rule 1 Scope of the Rules
1. These Rules shall be applicable to the interpretation of the ASEAN Charter by
the ASEAN Secretariat upon the request of any Member State pursuant to Article
51(1) of the ASEAN Charter.
2. Notwithstanding the right of Member States to request interpretation of the
ASEAN Charter, these Rules shall not prevent requests to the ASEAN Secretariat by
any ASEAN organ seeking clarification or information relating to matters within the
scope of its activities.
Rule 2 General Provisions
1. The interpretation of the ASEAN Charter by the ASEAN Secretariat shall be
non-binding and non-authoritative in nature and shall not be considered as
representing the view of any Member State or of ASEAN as an intergovernmental
organisation.
2. The ASEAN Secretariat shall interpret the ASEAN Charter in good faith in
accordance with the ordinary meaning to be given to the terms of the ASEAN
Charter in their context and in the light of its object and purpose.
3. A pending request for interpretation of the ASEAN Charter shall not affect the
proceedings or suspend the effect of a decision, finding or recommendation resulting
from a dispute settlement mechanism under the ASEAN Charter on the same issues.
4. A request for interpretation of the ASEAN Charter which relates to an ongoing
dispute concerning the interpretation of the ASEAN Charter on the same issue shall
be undertaken in accordance with the timeframe as provided in Rule 4, except when
such interpretation may prejudice the dispute resolution, in which case it shall be
undertaken upon the resolution of such dispute.
Rule 3 Content of Request
1. A request for interpretation of the ASEAN Charter submitted by a Member
State shall be addressed to and filed with the ASEAN Secretariat.
2. The request shall specify that it is a request pursuant to Article 51(1) of the
ASEAN Charter and shall contain the following as a minimum:
(a) the provision(s) of the ASEAN Charter to be interpreted; and
(b) the specific question(s) on which the interpretation is sought.
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Rule 4 Procedure
1. Upon receipt of a request for interpretation of the ASEAN Charter, the
ASEAN Secretariat shall acknowledge the receipt of the request within 15 days. In its
acknowledgement, the ASEAN Secretariat may seek further clarification, as
necessary, on the issues that the ASEAN Secretariat is requested to address.
2. Within seven days from the date of acknowledgement of the request, the
ASEAN Secretariat shall notify and transmit copies of the request to all Member
States and invite their views or observations on the request in order to enable the
ASEAN Secretariat to render the requested interpretation.
3. Where a Member State wishes to provide its views or observations in
accordance with paragraph 2 of this Rule, such views or observations shall be
furnished to the ASEAN Secretariat and other Member States at the earliest
opportunity but not later than 60 days after the date of the invitation.
4. The ASEAN Secretariat shall, upon taking into account the views or
observations of Member States, if any, render its interpretation within 30 days after
the expiration of the timeframe provided in paragraph 3 of this Rule, except in
circumstances as provided for in paragraph 4 of Rule 2.
Rule 5 Contents of Interpretation
The interpretation by the ASEAN Secretariat of the ASEAN Charter shall contain the
following:
(a) the issues presented to the ASEAN Secretariat;
(b) the rationale of the interpretation;
(c) the interpretation by the ASEAN Secretariat; and
(d) the name and signature of the Secretary-General of ASEAN.
Rule 6 Delivery of the Interpretation
The ASEAN Secretariat shall send the interpretation to the requesting Member
State(s) and copies of such interpretation to other Member States.