Protocol to Establish and Implement the ASEAN Single Window (ASW)

For the purposes of this Protocol, the following terms shall be defined as follows:

This Protocol shall be read and interpreted in accordance with the ASW Agreement. In the event of any inconsistency between this Protocol and the ASW Agreement, the provisions of the ASW Agreement shall take precedence.

The Technical Guide of ASW and NSWs Implementation is the compilation of relevant internationally accepted standards, procedures, documents, glossary, technical details and formalities for the effective implementation of the ASEAN Single Window, to be adopted as deemed appropriate by Member Countries. It constitutes the technical guidance of the implementation subject to regular reviews and updates in line with new technology and development as deemed necessary by Member Countries. The Technical Guide of ASW and NSWs Implementation (hereinafter the “ASW Technical Guide”) appears as Annex 1.

The Action Plan of ASW Implementation is the schedule comprising activities required, as specified in Annex 2.

To provide a legal and technical framework to establish and implement the ASW and NSWs as regional commitments towards the establishment of an ASEAN Economic Community;

To strengthen the coordination and partnership among Lead agencies/ASEAN Customs Administrations and relevant line ministries and agencies and economic operators (importers, exporters, transport operators, express industries, customs brokers, forwarders, commercial banking entities and financial institutions, insurers, and those relevant to the international supply chain) to effectively and efficiently implement the ASW;

To encourage participation of economic operators to the implementation of the ASW and NSWs; and

To provide technical, functional and operational guidance for the implementation of the ASW and NSWs in Member Countries as set forth in the ASW Agreement, taking into consideration the ASW Technical Guide.

The conceptual ASW Model appears in the ASW Technical Guide.

The ASW shall operate in an open environment of required relationships and linkages between economic operators and governments, for a completion of a transaction, such as Government-to-Business, Business-to-Business, or Government-to-Government, and others of such nature, through a secure infrastructure.

Documents and formalities that shall be used in the ASW system by Member Countries comprise, inter alia, the following:

The format of documents and formalities for the purpose of NSW systems shall be determined by the respective national competent authorities in line with international standards.

Data and information, including regulatory information, for the purpose of a single submission, of a single and synchronous processing and of a single decision making shall be submitted, collected and processed in an agreed format and transmitted through secured channels and in established communication and interface protocols as defined by Member Countries.

For the purpose of the ASW and NSWs, Member Countries shall, as deemed appropriate, align data and information parameters, for customs clearance and release, to the World Customs Organization (WCO) Data Model and relevant international standards.

Bilateral or regional arrangements among Member Countries for the exchange and sharing of data and information for the ASW shall be encouraged.

The access to, exchange, use, legal validity, and confidentiality of data and information in the framework of the ASW are subject to the national laws and regulations of the respective Member Countries.

The NSWs shall make use of the appropriate technology with open architecture based on international standards and technical advancements in areas of information and communication technology and data processing.

The implementation of the NSWs shall make use of international standards of data and information processing and management, such as the United Nation Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT), Extensible Mark-up Language (XML), American National Standard Institution X.12 (ANSI X12), RosettaNet or others relevant to the implementation of the NSWs.

The secure infrastructure for the ASW and NSWs shall follow international standards and best practices with features such as confidentiality, data integrity, authenticity and non-repudiation.

Member Countries shall determine the roles and functions of their respective Line ministries and agencies for the effective implementation and operation of the ASW and NSWs. All Line ministries and agencies of the respective Member Countries shall support and cooperate closely with their respective Lead agency as determined in the ASW Agreement.

The respective ASEAN Customs Administrations are ultimate decisionmakers for release and clearance of cargo on the basis of timely communicated information, if required, from Line ministries and agencies of respective Member Countries.

The Ministers responsible for ASEAN Economic Integration shall meet whenever necessary to review this Protocol for the purpose of considering further measures to improve the development and/or implementation of the ASW.

The Steering Committee of ASW implementation (ASW Steering Committee) shall be established by the Ministers responsible for ASEAN Economic Integration to monitor and coordinate the implementation of the ASW and NSWs. The ASW Steering Committee shall be led by a high level officer of an ASEAN Customs Administration or of a government agency as designated by the Ministers.

The ASEAN Secretariat shall provide technical and secretarial support to the ASW Steering Committee.

The provisions of this Protocol may be modified through amendments mutually agreed upon in writing by all Member Countries.

This Protocol shall be deposited with the Secretary-General of ASEAN, who shall furnish a certified copy to each Member Country.

This Protocol shall enter into force upon signing.

Each Member Country shall, upon the completion of its national procedures of ratification of this Protocol, notify the ASEAN Secretariat in writing.