Memorandum of Understanding on Establishing the ASEAN-China Centre Between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the People’s Republic of China

ARTICLE XIV

Duty-Free Entry and Other Facilities to Products for Promotion

China shall, in accordance with its relevant laws and regulations, give tariff free and import value-added tax free entry in the import of necessary goods by the Centre from the ASEAN Member States within the reasonable quantities for display at exhibitions and used within the exhibition area which shall not be circulated in China’s domestic market (limited to be used as free samples), and the decorative materials needed for promotional display.

ARTICLE XV

Facilities in respect of Communications

In respect of its official communications, the Centre shall, in the territory of China and in so far as may be compatible with any international conventions, regulations and arrangements to which China is a party, enjoy treatment not less favourable than that accorded by China to any other international organisation, in the matter of priorities and rates for postal service and telecommunication.

ARTICLE XVI

Privileges and Immunities of the Officials of the ACCS

1.The officials of the ACCS shall:

a) be exempt from taxation on the salaries and Centre functionrelated emoluments paid to them by the Centre;

b) enjoy, together with their spouses and legal dependents (18 years old and below)on them, the same favorable treatment on aliens registration and residence permit as accorded to other foreigners of similar status;

c) within six months since they first take up their post at the Centre, upon approval by the Customs authority of China, import free of duty settlement articles within directly necessary quantities for direct personal use (including one personal use car for one household); without the approval of relevant Chinese government agencies, the articles for personal use imported free of duty by ACCS officials should not be transferred, sold or disposed of in any other means in China during the period of custom supervision, and the approved transfer, sale and disposal of the articles shall go through the procedure of paying taxes or tax exemption at the Customs; and

d) be accorded in respect of exchange facilities treatment not less favourable than that accorded to officials of comparable rank of any other international organisations.

2.China may not apply the provisions of paragraph 1 of this Article to officials who are nationals of or permanent resident in China.

3.Privileges and immunities are accorded to officials of the ACCS in the interest of the Centre only, and not for their personal benefit. Consequently, the Joint Executive Board upon the recommendation of the Secretary-General has the right and duty to waive the immunity of any official in any case where, in its opinion, the immunity would impede realisation of justice and can be waived without prejudice to the interests of the Centre. The Joint Council has the right and duty to waive the immunity accorded to the Secretary-General.

4.The officials of the ACCS to which the provisions of this Article shall apply shall be the Secretary-General and other officials categories of which shall be determined by the Joint Council. The Secretary- General shall notify the Members of the names, title and addresses of those officials.