Guidelines on the Use of the Name “ASEAN”
A. Scope and Application
1.The Name “ASEAN” refers to the “Association of Southeast Asian Nations”.
2.These Guidelines set out the procedure for the request and authorization for the use of the name “ASEAN”
3.These Guidelines shall apply to entities requesting to use the name “ASEAN” and shall not apply to the following:
3.1 ASEAN Organs under Chapter IV of the ASEAN Charter including their mechanisms, activities and programmes;
3.2 ASEAN mechanism officially established by ASEAN Member States;
3.3 Entities belonging to or activities organized by the Governments of ASEAN Member States; and
3.4 Entities associated with ASEAN in accordance with Article 16 of the ASEAN Charter.
4.The name “ASEAN” is protected under Article 6ter of the Paris Convention for the Protection of Industrial Property, adopted in 1883 and revised in Stockholm in 1967.
C. Use of the Name “ASEAN”
5.The use of the name “ASEAN” aims to promote ASEAN and its purposes and principles as stipulated in the ASEAN Charter. It shall not be used for political propaganda or for activities that harm the dignity and integrity of ASEAN, and adversely affects ASEAN or ASEAN Member States.
6.The request for the use of the name “ASEAN” shall satisfy the following conditions:
6.1 The entity shall be indigenous to ASEAN;
6.2 The use of the name “ASEAN” shall be in support of ASEAN purposes and principles as well as for mutual benefit in the context of attaining ASEAN Community 2015 and beyond and shall not have any negative effect on such purposes and principles;
6.3 The name “ASEAN” shall not be brought into disrepute by its use.
C. Enquiries and Requests for the Use of the Name “ASEAN”
7.Any enquiry and/or request for the use of the name “ASEAN” shall be submitted in writing to the ASEAN Secretariat at the following address:
Legal Services and Agreements Division
The ASEAN Secretariat
70A, Jl. Sisingamangaraja
D. Authorisation and Revocation Process
9.Upon receiving an enquiry and/or request by an entity seeking to use the name “ASEAN”, the ASEAN Secretariat will consider such enquiry and/or request within a reasonable time. Where necessary, the ASEAN Secretariat may, seek further information and clarification from the requesting entity to ensure that the enquiry and/or request will be processed appropriately.
10.In considering the request, the ASEAN Secretariat may, if necessary, consult with the Committee of Permanent Representatives (CPR) and/or concerned ASEAN Sectoral Bodies.
11.Where the abovementioned conditions and requirements for the request are satisfied, the ASEAN Secretariat may grant the authorization to use the name “ASEAN”. Such authorization shall be on a non-exclusive basis and may be subject to any terms and conditions as may be determined by the ASEAN Secretariat on a case-by-case basis.
12.The authorization for the use of the name “ASEAN” cannot be extended or otherwise transferred to any third party.
13.The authorization to use the name “ASEAN” does not establish any form of relations or confer any status between ASEAN and the entity to which the authorization has been granted. Such authorization shall not entitle the entity to act on behalf of ASEAN, or to undertake any act to bind ASEAN or create a liability against ASEAN in any manner whatsoever.
14.Any ASEAN Member State or the ASEAN Secretariat may suggest the revocation of the use of the name “ASEAN”. The decision on the revocation shall be made by the ASEAN Secretariat in consultation with the CPR, taking into consideration the provisions set forth in these Guidelines.
E. Amendments to the Guidelines
15. Any ASEAN Member State may propose amendments to these Guidelines, which shall be submitted to the CPR for its consideration and agreed upon by consensus. The agreed amendments shall be submitted to the ASEAN Coordinating Council (ACC) for notation, and thereafter come into immediate effect.
F. Final Clause
16. The CPR considered and agreed to these Guidelines at the 18/2013 CPR Meeting on 19 September 2013.
These Guidelines are amended in accordance with paragraph 10 of the Guidelines on the Use of the Name “ASEAN” which were adopted at the 6th Meeting of the ASEAN Coordinating Council (ACC), Ha Noi, 8 April 2010. These Guidelines were submitted to the ACC for notation on 26 September 2013.