DESIRING to remove restrictions on air services, RECOGNISING paragraph 3 of Article I of the Framework Agreement on Enhancing ASEAN Economic Cooperation signed on 28 January 1992 in Singapore, that, in the implementation of economic arrangements, two or more Member States may proceed first if other Member States are not ready to implement these arrangements; and FURTHERING the effective implementation of the Agreement; RECALLING the ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services signed on 12 November 2010 in Bandar Seri Begawan, Brunei Darussalam (hereinafter referred to as "Agreement"); The Government of Brunei Darussalam, the Royal Government of Cambodia, the Government of the Republic of Indonesia, the Government of the Lao People's Democratic Republic (Lao PDR), the Government of Malaysia, the Government of the Republic of the Union of Myanmar, the Government of the Republic of the Philippines, the Government of the Republic of Singapore, the Government of the Kingdom of Thailand and the Government of the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations ("ASEAN") (hereinafter referred to collectively as "Contracting Parties" or individually as "Contracting Party"); PROTOCOL 3 ON DOMESTIC CODE-SHARE RIGHTS BETWEEN POINTS WITHIN THE TERRITORY OF ANY OTHER ASEAN MEMBER STATES 2 3. For Indonesia, the domestic code-share rights shall be exercised through five entry points: Jakarta, Denpasar, Makassar, Medan and Surabaya to any other points in Indonesia. 2. In operating or holding out the code-share services on the specified route(s), the designated airline(s) of each Contracting Party may, market and sell, in addition to the points mentioned in Section 1 of Annex I of the Agreement, any other points within the territory of the other Contracting Parties. The domestic route, subject of the code-share rights, shall be operated by the airline(s) designated by those Contracting Parties. For avoidance of doubt, Section 2 of Annex I of the Agreement shall apply in the exercise of domestic code-share rights. 1. The designated airline(s) of each Contracting Party shall be allowed to exercise domestic code-share rights as marketing airline(s) provided that there shall be no exercise of cabotage rights. For the avoidance of doubt, the term "cabotage rights" in the aforementioned sentence includes the holding out of air services for sale on purely domestic routes by the marketing airline(s) of that Contracting Party. Article 2 Domestic Code-Share Rights For the purpose of this Protocol, the term "domestic code- share rights" means domestic code-share rights which shall only be available as part of an international journey. Article 1 Definitions HAVE AGREED AS FOLLOWS: 3 3. Notwithstanding paragraph 2 of Article 16 of the Agreement, this Protocol shall enter into force on the date of the deposit of the third (3rd) Instrument of Ratification or Acceptance with the Secretary-General of 2. This Protocol is subject to ratification or acceptance by the Contracting Parties. The Instruments of Ratification or Acceptance shall be deposited with the Secretary- General of ASEAN who shall promptly notify all Contracting Parties of such deposit. 1. This Protocol shall be deposited with the Secretary- General of ASEAN who shall promptly furnish a certified copy thereof to each Contracting Party. Article 4 Final Provisions There shall be no limitation on capacity, frequency and aircraft type with regard to air passenger services operated under this Protocol exercising domestic code-share rights as provided in Article 2 of this Protocol. Article 3 Capacity and Frequency 5. When holding out air services for sale, the marketing airline(s) shall make it clear to the purchaser of tickets for such services, at the point of sale, which airline(s) will be the operating airline on each sector of the services and with which airline(s) the purchaser is entering into a contractual relationship. 4. Either the operating or marketing airline may be required to file for approval, any cooperative marketing arrangements entered into in accordance with paragraphs 1, 2 and 3 of this Article, before its proposed introduction, with the aeronautical authorities of each Contracting Party. 4 IN WITNESS WHEREOF, the undersigned, being duly authorised to sign by their respective Governments, have signed this Protocol. c) Protocol 3 on Domestic Code-Share Rights between Points within the Territory of Any Other ASEAN Member State." b) Protocol 2 Unlimited Fifth Freedom Traffic Rights Between Any ASEAN Cities; and a) Protocol 1 Unlimited Third and Fourth Freedom Traffic Rights Between Any ASEAN Cities; The following Implementing Protocols shall form integral parts of this Agreement: IMPLEMENTING PROTOCOLS ANNEX II 4. This Protocol shall be added as Protocol 3 to Annex II of the Agreement which shall be amended pursuant to paragraph 2 of Article 16 of the Agreement to read as follows: ASEAN and shall become effective only among the Contracting Parties that have ratified or accepted it. For a Contracting Party depositing its Instrument of Ratification or Acceptance-after the date of entry into force of this Protocol, this Protocol shall enter into force for that Party on the date of its deposit of Instrument of Ratification or Acceptance. 5 BUDIK Minister For the Republic of Indonesia: M~O HAVANNALL Secretary of State State Secretariat of Civil Aviation For the Kingdom of Cambodia: Minister of Communications or Brunei Darussalam: DONE at Singapor'e, this Thirteenth Day of October in the Year Two Thousand and Seventeen, in a single original copy in the English language. 6 e etary of Transportation r".......-: For the Republic of the Philippines: TH NT SIN MAUNG Union Minister for Transport and Communications For the Republic of the Union of Myanmar: DATUK SERI HJ. SARIPUDDIN HJ. KASIM Secretary General Ministry of Transport BOUNCHANH SINTHAVONG Minister of Public Works and Transport For the Lao People's Democratic Republic: 7 LE DINH THO Vice Minister of Transport For the Socialist Republic of Viet Nam: ARKHOM TERMPITTAYAPAISITH Minister of Transport For the Kingdom of Thailand: KHAW BOON WAN Coordinating Minist r for Infrastructure and Minister for Transport For the Republic of Singapore: one vision one identity one community AKP Mochtan Deputy Secretary-General of ASEAN Community and Corporate Affairs Department The ASEAN Secretariat ... Jakarta, 21 February 2018 I, THE UNDERSIGNED Deputy Secretary-General of ASEAN for Community and Corporate Affairs, hereby certify that the attached text is a true and complete copy of the Protocol 3 on Domestic Code- Share Rights between Points within the Territory of Any Other ASEAN Member States, signed on 13 October 2017 in Singapore. public@asean.org www.asean.org Protocol 3 on Domestic Code-Share Rights between Points within the Territory of Any Other ASEAN Member States Phone: (62-21) 726 2991 (62-21) 724 3372 Fax: (62-21) 739 8234 (62-21) 724 3504 CERTIFYING STATEMENT The ASEAN Secretariat 70 A JI. Sisingamangaraja Jakarta 12110 Indonesia ASSOCIATION OF SOUTHEAST ASIAN NATIONS•
· 1603 199803 2 001 Sekretaris Direktorat Jenderal Hukum dan Perjanjian lnternasional Kementerian Luar Negeri, Republik Indonesia Secretary of Directorate General for Legal Affairs and Internationay T,, % Ministry of Foreign Affairs, Republic of Indonesia a reaties Tanggal :24 Agustus 2022 Date Salinan naskah resmi ified true copy @\R9 90163/CTCI08/2022/52 r Donatirin
PERPRES_58_2024
Type: PERPRES Processed: 2026-01-04T12:34:35.329761 Source: PERPRES_58_2024_content.md
PERPRES_58_2024
PROTOCOL 3
ON DOMESTIC CODE-SHARE RIGHTS BETWEEN
POINTS WITHIN THE TERRITORY OF ANY OTHER
ASEAN MEMBER STATES
The Government of Brunei Darussalam, the Royal Government of Cambodia, the Government of the Republic of Indonesia, the Government of the Lao People's Democratic Republic (Lao PDR), the Government of Malaysia, the Government of the Republic of the Union of Myanmar, the Government of the Republic of the Philippines, the Government of the Republic of Singapore, the Government of the Kingdom of Thailand and the Government of the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations ("ASEAN") (hereinafter referred to collectively as "Contracting Parties" or individually as "Contracting Party");
RECALLING the ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services signed on 12 November 2010 in Bandar Seri Begawan, Brunei Darussalam (hereinafter referred to as "Agreement");
FURTHERING the effective implementation of the Agreement;
RECOGNISING paragraph 3 of Article I of the Framework Agreement on Enhancing ASEAN Economic Cooperation signed on 28 January 1992 in Singapore, that, in the implementation of economic arrangements, two or more Member States may proceed first if other Member States are not ready to implement these arrangements; and
DESIRING to remove restrictions on air services,
HAVE AGREED AS FOLLOWS:
Article 1 Definitions
For the purpose of this Protocol, the term "domestic code- share rights" means domestic code-share rights which shall only be available as part of an international journey.
Article 2 Domestic Code-Share Rights
The designated airline(s) of each Contracting Party shall be allowed to exercise domestic code-share rights as marketing airline(s) provided that there shall be no exercise of cabotage rights. For the avoidance of doubt, the term "cabotage rights" in the aforementioned sentence includes the holding out of air services for sale on purely domestic routes by the marketing airline(s) of that Contracting Party.
In operating or holding out the code-share services on the specified route(s), the designated airline(s) of each Contracting Party may, market and sell, in addition to the points mentioned in Section 1 of Annex I of the Agreement, any other points within the territory of the other Contracting Parties. The domestic route, subject of the code-share rights, shall be operated by the airline(s) designated by those Contracting Parties. For avoidance of doubt, Section 2 of Annex I of the Agreement shall apply in the exercise of domestic code-share rights.
For Indonesia, the domestic code-share rights shall be exercised through five entry points: Jakarta, Denpasar, Makassar, Medan and Surabaya to any other points in Indonesia.
2
Either the operating or marketing airline may be required to file for approval, any cooperative marketing arrangements entered into in accordance with paragraphs 1, 2 and 3 of this Article, before its proposed introduction, with the aeronautical authorities of each Contracting Party.
When holding out air services for sale, the marketing airline(s) shall make it clear to the purchaser of tickets for such services, at the point of sale, which airline(s) will be the operating airline on each sector of the services and with which airline(s) the purchaser is entering into a contractual relationship.
Article 3 Capacity and Frequency
There shall be no limitation on capacity, frequency and aircraft type with regard to air passenger services operated under this Protocol exercising domestic code-share rights as provided in Article 2 of this Protocol.
Article 4 Final Provisions
This Protocol shall be deposited with the Secretary- General of ASEAN who shall promptly furnish a certified copy thereof to each Contracting Party.
This Protocol is subject to ratification or acceptance by the Contracting Parties. The Instruments of Ratification or Acceptance shall be deposited with the Secretary- General of ASEAN who shall promptly notify all Contracting Parties of such deposit.
Notwithstanding paragraph 2 of Article 16 of the Agreement, this Protocol shall enter into force on the date of the deposit of the third (3rd) Instrument of Ratification or Acceptance with the Secretary-General of
3
ASEAN and shall become effective only among the Contracting Parties that have ratified or accepted it. For a Contracting Party depositing its Instrument of Ratification or Acceptance-after the date of entry into force of this Protocol, this Protocol shall enter into force for that Party on the date of its deposit of Instrument of Ratification or Acceptance.
- This Protocol shall be added as Protocol 3 to Annex II of the Agreement which shall be amended pursuant to paragraph 2 of Article 16 of the Agreement to read as follows:
ANNEX II
IMPLEMENTING PROTOCOLS
The following Implementing Protocols shall form integral parts of this Agreement:
Protocol 1 Unlimited Third and Fourth Freedom Traffic Rights Between Any ASEAN Cities;
Protocol 2 Unlimited Fifth Freedom Traffic Rights Between Any ASEAN Cities; and
Protocol 3 on Domestic Code-Share Rights between Points within the Territory of Any Other ASEAN Member State."
IN WITNESS WHEREOF, the undersigned, being duly authorised to sign by their respective Governments, have signed this Protocol.
4
DONE at Singapor'e, this Thirteenth Day of October in the Year Two Thousand and Seventeen, in a single original copy in the English language.
or Brunei Darussalam:
Minister of Communications
For the Kingdom of Cambodia:
M~O HAVANNALL
Secretary of State State Secretariat of Civil Aviation
For the Republic of Indonesia:
BUDIK Minister
5
For the Lao People's Democratic Republic:
BOUNCHANH SINTHAVONG
Minister of Public Works and Transport
DATUK SERI HJ. SARIPUDDIN HJ. KASIM
Secretary General Ministry of Transport
For the Republic of the Union of Myanmar:
TH NT SIN MAUNG
Union Minister for Transport and Communications
For the Republic of the Philippines:
e etary of Transportation r".......-:
6
For the Republic of Singapore:
KHAW BOON WAN
Coordinating Minist r for Infrastructure and Minister for Transport
For the Kingdom of Thailand:
ARKHOM TERMPITTAYAPAISITH
Minister of Transport
For the Socialist Republic of Viet Nam:
LE DINH THO
Vice Minister of Transport
7
ASSOCIATION
OF SOUTHEAST NATIONS•ASIAN
The ASEAN Secretariat 70 A JI. Sisingamangaraja Jakarta 12110 Indonesia
CERTIFYING STATEMENT Phone: (62-21) 726 2991 (62-21) 724 3372 Fax: (62-21) 739 8234 Protocol 3 on Domestic Code-Share Rights between Points within (62-21) 724 3504 the Territory of Any Other ASEAN Member States public@asean.orgwww.asean.org
I, THE UNDERSIGNED Deputy Secretary-General of ASEAN for Community and Corporate Affairs, hereby certify that the attached text is a true and complete copy of the Protocol 3 on Domestic Code- Share Rights between Points within the Territory of Any Other ASEAN Member States, signed on 13 October 2017 in Singapore.
Jakarta, 21 February 2018
...
AKP Mochtan Deputy Secretary-General of ASEAN Community and Corporate Affairs Department The ASEAN Secretariat
one vision one identity one community
Salinan naskah resmi ified true copy @\R9r 90163/CTCI08/2022/52
Donatirin · 1603 199803 2 001
Sekretaris Direktorat Jenderal Hukum dan Perjanjian lnternasional Kementerian Indonesia
% ------ Luar Negeri,--Republik---- Secretary of Directorate General for Legal Affairs and Internationay T,, Ministry of Foreign Affairs, Republic of Indonesia a reaties
Tanggal:24 Agustus 2022 Date