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 XXI

Suspension

Each Party reserves the right for reasons of national security, national interest, public order or public health to suspend temporarily, either in whole or in part, the implementation of this Memorandum of Understanding which suspension shall take effect on the date on which the last Party receives written notification through diplomatic channels.

ARTICLE XXII

Confidentiality

1.Each Party shall undertake to observe the confidentiality and secrecy of documents, information and other data received or supplied by another Party during the period of the implementation of this Memorandum of Understanding or any other agreements made pursuant to this Memorandum of Understanding.

2.The Parties agree that the provisions of this Article shall continue to be binding between the Parties notwithstanding the termination of this Memorandum of Understanding.

ARTICLE XXIII

Withdrawal

1.A Contracting Party may at anytime withdraw from this Memorandum of Understanding by giving notice in writing to that effect to the ASEAN Secretary-General.

2.Upon receiving such a notice, the Secretary-General of ASEAN shall inform the other Contracting Parties.

3.A Contracting Party shall cease to be party to this Memorandum of Understanding at the end of the fiscal year of the Centre in which such notification is made. A withdrawal shall not affect the financial obligations of that Contracting Party that is outstanding at the time when its withdrawal takes effect.

ARTICLE XXIV

Amendments

1.Either Contracting Party may propose amendments to this Memorandum of Understanding. A proposed amendment shall be communicated to the Secretary-General who shall communicate it to the other Contracting Parties at least six months in advance for the consideration by the Joint Council.

2.Amendments to this Memorandum of Understanding shall be adopted by the Joint Council and shall require acceptance by the Members of the Centre. However, the amendments involving following matters shall require subsequent acceptance by all Contracting Parties before they come into force:

a) fundamental alteration in the purpose or the functions of the Centre;

b) change relating to the right to withdraw from this Memorandum of Understanding;

c) introduction of new obligations for Members;

d) change in the provisions regarding privileges and immunities of the Centre and the persons related to the activities of the Centre; and

e) other matters determined by the Joint Council as important.

3.Amendments accepted by the Contracting Parties shall enter into force upon the date of the last deposit of the instruments of acceptance with the ASEAN Secretariat.