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 XVII

Entry Facilities

1.China shall facilitate the entry, such as the issuance of visa, of the following persons into its territory where they are visiting on their missions related to the Centre:

a) representatives of the other Members participating in the Meetings prescribed in Articles VI and VII together with their spouses;

b) the officials of the ACCS together with their spouses and legal dependants (18 years old and below); and

c) other persons invited by the Centre.

2.The provision of paragraph 1 above does not mean that the entrants mentioned in that paragraph are exempted from complying with national laws of China relating to entry formalities.

ARTICLE XVIII

Abuse of Privileges

1.The Centre shall cooperate at all times with the appropriate authorities of China to prevent the occurrence of any abuse in connection with the privileges, immunities and facilities conferred by this Memorandum of Understanding.

2.If China considers that there has been an abuse of a privilege or immunity conferred by this Memorandum of Understanding, consultations shall be held between China and the Centre to determine whether any such abuse has occurred and, if so, to ensure that no repetition of such abuse occurs.

ARTICLE XIX

Settlement of Disputes

1.The Council shall make provisions for appropriate modes of settlement of:

a) legal claims of a civil nature to which the Centre is a party other than those referred to in Article XIII, paragraph 1; and

b) disputes involving any officials of the Secretariat who enjoys immunity under the provisions of this Memorandum of Understanding, if the immunity has not been waived in accordance with Article XVI, paragraph 3.

2.Any disputes or differences between the Parties arising out of the interpretation and/or implementation and/or application of any of the provisions of this Memorandum of Understanding shall be settled amicably through mutual consultation and/or negotiations between the Parties through diplomatic channels.

ARTICLE XX

Protection of Intellectual Property Rights

1.The protection of intellectual property rights shall be enforced in conformity with the respective national laws and regulations of the Parties and with international agreements which the Parties are party to.

2.The use of the name, logo and/or official emblem of any one of the Parties on any publication, document and/or paper, pursuant to this MOU, is prohibited without written approval by that Party.

3.Notwithstanding anything contained in paragraph 1 above, a Party shall own the intellectual property rights in respect of any technological development, which were solely and separately developed by that Party. Where such technological development has been developed by two or more Parties, the intellectual property rights in respect of such technological development shall be owned jointly by those Parties, unless otherwise agreed by them.