‘Adopted by the ASEAN SOM.as of 13.00hrs, 25 June 2032 lor ASEANSuse only) ASEAN's Proposed Elements of a Regional Code of Conduct in the South China Sea {COC) between ASEAN Member States and the People’s Republic of China 1. Preambular provisions ~ Recall the relation of friendship, good neighborliness, and Strategic Partnership between ASEAN and China (e.g. Joint Statement of the Meeting of the Heads of State/Government of the Member States of ASEAN and the President of the People's Republic of China in 1997, the Joint Declaration of the Heads of State/Govemment of ASEAN and the People’s Republic of China on Strategic Partnership for Peace and Prosperity in 2003, Joint Stalement of ASEAN-China Céinmemorative Summit Towards an Enhanced ASEAN-China Strategic Partnership in 2096, and other joint declarations and cooperation documents which lay the fouRtation foryendly relaions, good neighbourliness, comprehensive and mutually eS of between x ior ASEAN and China) “ NS - Emphasize the need to further promote hoes. ee ly and harmonious EAN‘and China (DOC) = environment in the South China Sea betweens\ - Stress the importance of the DOC and the,pro) commitment to develop a COC * ns cBitgined therein, including the - Stress the commitment by ASEAN and stability in the South Ching - Emphasize the desire for p - Recognise that a gonprer: jurisdictional disputes in the ve and: durable settlement of the tertitorial and tribute to regional peace and stability S6f, states under intemational taw, including UNCLOS, to pvitgnmental characteristics and biodiversity of the South China Sea Respect and adhere to the UN Charter, - the 1982 UNCLOS, - the TAC, - the DOC, - the Five Principles of Peaceful Co-existence, andAdopted by the ASEAN SOM, as of 13.00hrs, 25 June 2012 (for ASEAWS use only) other universally recognized principles of international law, including the principle of resolution of disputes by peaceful means 2.2, Objectives of the COC - Create a rules-based framework for managing and regulating the conduct of parties in the SCS through confidence building measures, cooperative activities as well as management and prevention of disputes ~ Develop a set of norms, rules and procedures to govern the conduct of parties - Promote mutual trust, confidence and cooperation Create a favorable environment for peaceful settlement of disp. S - Encourage efforts to clarify disputes in accordance with rian law, in particular the UNCLOS. Encourage the parties concerné cose to define and clarify the territorial and maritime disputes in the" | Sig Sea, based on international law, including UNCLOS. - Encourage efforts towards full resolution of gsr - Promote efforts to create mechani Be Rgoopefation “Bhd. managing the disputes in the South China Sea to ee Ree e8¢alating into conflicts - Strengthen cooperation in the & sith ‘ ina Séasin appropriate fields as clarified and in accordance with, they DOG,as well as international law, including UNCLOS SS 2.3. Basic = - Be committed te build fihe S@S by peateful’means in accordance with international law, including UNCLOS, sortingsto use of force or the threat to use of force; (from DOC) - ‘Undertake, to exercise self-restraint and not to complicate or escalate disputes and affégtpedce and stability in the South China Sea; (from DOC) - Commit to respect the exclusive economic zone and continental shelf of the coastal states as provided for in 1982 UNCLOS; (UNCLOS) - Undertake to further promote confidence and mutual trust, including through cooperative activities as part of the DOC (such activities as provided for paras 5,6 of the DOC); - Ensure that such cooperative activities be carried out through clearly identified modalities, scope and locations, and in accordance with the implementation Guidelines as contained in the annex (i.e. implementation Guidelines of the DOC):at 32 3.3 34 38 Addopted by the ASEAN SOM, os of 13.00hrs, 25 June 2012 Develop modalities and arrangements for the promotion of settlement by peaceful means of disputes and prevent their escalations that would affect peace, stability and security in the area; Undertake fo respect the provisions of this COC and take actions consistent therewith; Encourage other countries to respect the purposes and principles contained in this coc; Establish an appropriate mechanism to monitor the implementation of the COC to be supported by the ASEAN-China SOM on the Implementation of,the DOC and its Joint Working Group Final clause Stipulate provisions for entry intosfo Establish a mechanism for Settling displites relating to the interpretation and application of the Code of yGlided byzthe following principles: © Ensure that any bréach of thelprot means y {of the COC willbe settled by peaceful S he o Utilize the pute seiemei mechanism under the relevant provisions of the Treaty of.Antity,and:Cooperation in Southeast Asia ee be%esolted through procedure within ASEAN framework, parties Grtito,dispuleisettiement mechanism provided under international law, Stipulate* provisions for the respect of the COC by other countries (such as a Pafrels Sol) Duration of the COC The COC shall remain in force indefinitely Withdrawal from the COC The COC shail be registered by the Secretary-General of ASEAN with the Secretariat of the United Nations, pursuant to Article 102, paragraph 1 of the Charter of the United Nations