Common use of Denunciation Clause in Contracts

Denunciation. Once entered into force, the Protocol cannot be denounced separately from the Agreement. In witness whereof, the undersigned, being duly authorized, have signed this Protocol. Done at Kunming on 5 July 2005 in six originals in the English language. Signed: The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam (hereinafter referred to as “the Contracting Parties”), Referring to the Agreement between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People, originally signed at Vientiane on 26 November 1999, amended at Yangon on 29 November 2001, acceded to by the Kingdom of Cambodia at Yangon on 29 November 2001, acceded to by the People’s Republic of China at Phnom Penh on 3 November 2002, and acceded to by the Union of Myanmar at Dali City on 19 September 2003, and amended at Phnom Penh on 30 April 2004 (hereinafter referred to as “the Agreement”), Referring to Articles 3 (n) of the Agreement to the effect that Protocols contain time- and/ or site-specific variable elements and that they form an integral part of the Agreement and are equally binding, Referring to Article 36 of the Agreement, as amended, per which the Agreement may be signed and ratified or accepted and enter into force separately from the Annexes and Protocols, Referring to the Ninth GMS Ministerial Conference held in Manila in January 2000, the Seventh Meeting of the Subregional Transport Forum held in Ho Chi Minh City in August 2002, and the 11th GMS Ministerial Conference held in Phnom Penh in September 2002, where the Governments agreed to a work program to finalize the Agreement and its Annexes and Protocols by 2005, and Referring to Article 23 of the Agreement, calling for this Protocol to provide technical details, HAVE AGREED AS FOLLOWS:

Denunciation. Once entered into force, the Protocol Annex cannot be denounced separately from the Agreement. In witness whereof, the undersigned, being duly authorized, have signed this ProtocolAnnex. Done at Kunming Vientiane on 5 July 2005 16 December 2004 in six originals in the English language. Signed: (Signed) His Excellency Khy Tainglim Senior Minister to the Prime Minister’s Office The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam (hereinafter referred to as ““ the Contracting Parties”), Referring to the Agreement between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People, originally signed at Vientiane on 26 November 1999, amended at Yangon on 29 November 2001, acceded to by the Kingdom of Cambodia at Yangon on 29 November 2001, acceded to by the People’s Republic of China at Phnom Penh on 3 November 2002, and acceded to by the Union of Myanmar at Dali City on 19 September 2003, and amended at Phnom Penh on 30 April 2004 (hereinafter referred to as “the Agreement”), Referring to Articles 3 3(b) and (n) of the Agreement to the effect that Annexes and Protocols contain technical details or time- and/ or and/or site-specific variable elements and that they form an integral part of the Agreement and are equally binding, Referring to Article 36 of the Agreement, as amended, per which the Agreement may be signed and ratified or accepted and enter into force separately from the Annexes and Protocols, Referring to the Ninth GMS Ministerial Conference held in Manila in January 2000, the Seventh Meeting of the Subregional Transport Forum held in Ho Chi Minh City in August 2002, and the 11th GMS Ministerial Conference held in Phnom Penh in September 2002, where the Governments agreed to a work program to finalize the Agreement and its Annexes and Protocols by 2005, and Referring to Article 23 34 of the Agreement, calling for this Protocol Annex to provide technical details, HAVE AGREED AS FOLLOWS: Article 1: General Provisions (a) Definitions

Denunciation. Once entered into force, the Protocol Annex cannot be denounced separately from the Agreement. Annex 7 Attachment 1: Rules of the Road Annex 7 Attachment 2: Road Signs and Signals In witness whereof, the undersigned, being duly authorized, have signed this ProtocolAnnex. Done at Kunming Phnom Penh on 5 July 2005 30 April 2004 in six originals in the English language. Signed: 92 Greater Mekong Subregion Cross-Border Transport Facilitation Agreement The attachments can be downloaded from the ADB GMS Cross-Border Transport Facilitation Agreement website www.adb.org/GMS/Cross-Border/default.asp. It has not been included here because of their size and/or technical complexity. The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam (hereinafter referred to as “the Contracting Parties”), Referring to the Agreement between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People, originally signed at Vientiane on 26 November 1999, amended at Yangon on 29 November 2001, acceded to by the Kingdom of Cambodia at Yangon on 29 November 2001, acceded to by the People’s Republic of China at Phnom Penh on 3 November 2002, and acceded to by the Union of Myanmar at Dali City on 19 September 2003, and amended at Phnom Penh on 30 April 2004 (hereinafter referred to as “the Agreement”), Referring to Articles 3 3(b) and (n) of the Agreement to the effect that Annexes and Protocols contain technical details or time- and/ or and/or site-specific variable elements and that they form an integral part of the Agreement and are equally binding, Referring to Article 36 of the Agreement, as amended, per which the Agreement may be signed and ratified or accepted and enter into force separately from the Annexes and Protocols, Referring to the Ninth GMS Ministerial Conference held in Manila in January 2000, the Seventh Meeting of the Subregional Transport Forum held in Ho Chi Minh City in August 2002, and the 11th GMS Ministerial Conference held in Phnom Penh in September 2002, where the Governments agreed to a work program to finalize the Agreement and its Annexes and Protocols by 2005, and Referring to Article 23 17 (as amended) of the Agreement, calling for this Protocol Annex to provide technical details, HAVE AGREED AS FOLLOWS:

Denunciation. Once entered into force, the Protocol Annex cannot be denounced separately from the Agreement. Annex 14 Attachment: Marking of the Container In witness whereof, the undersigned, being duly authorized, have signed this ProtocolAnnex. Done at Kunming Beijing on 5 July 2005 20 March 2007 in six originals in the English language. Signed: This attachment can be downloaded from the ADB GMS Cross-Border Transport Facilitation Agreement website ▇▇▇.▇▇▇.▇▇▇/▇▇▇/▇▇▇▇▇-▇▇▇▇▇▇/▇▇▇▇▇▇▇.▇▇▇. It has not been included here because of its size and/or technical complexity. The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam (hereinafter referred to as “the Contracting Parties”), Referring to the Agreement between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People, originally signed at Vientiane on 26 November 19991999 at Vientiane, amended at Yangon on 29 November 2001, acceded to by the Kingdom of Cambodia at Yangon on 29 November 2001, acceded to by the People’s Republic of China at Phnom Penh on 3 November 20022002 at Phnom Penh, and acceded to by the Union of Myanmar on 19 September 2003 at Dali City on 19 September 2003, and amended at Phnom Penh on 30 April 2004 (hereinafter referred to as “the Agreement”), Referring to Articles 3 3(b) and (n) of the Agreement to the effect that Annexes and Protocols contain technical details or time- and/ or and/or site-specific variable elements and that they form an integral part of the Agreement and are equally binding, Referring to Article 36 of the Agreement, as amended, per which the Agreement may be signed and ratified or accepted and enter into force separately from the Annexes and Protocols, Referring to the Ninth GMS Ministerial Conference held in Manila in January 2000, the Seventh Meeting of the Subregional Transport Forum held in Ho Chi Minh City in August 2002, and the 11th GMS Ministerial Conference held in Phnom Penh in September 2002, where the Governments agreed to a work program to finalize the Agreement and its Annexes and Protocols by 2005, and Referring to Article 23 35 of the Agreement, calling for this Protocol Annex to provide technical details, HAVE AGREED AS FOLLOWS: Article 1: Undertaking to Adopt the Harmonized System (HS) Each Contracting Party undertakes to conform its customs tariff and nomenclature with the Harmonized Commodity Description and Coding System (hereinafter called the Harmonized System or HS) set out in the International Convention on the Harmonized Commodity Description and Coding System (Brussels, 14 June 1983, as amended by the Protocol of Amendment to the International Convention on the Harmonized Commodity 158 and Coding System of 24 June 1986; hereafter called the HS Convention and included in the Attachment to this Annex). Article 2: Use of More Than Six Digits The Contracting Parties are not prevented from establishing subdivisions classifying goods beyond the level of the Harmonized System, provided that any such subdivision is added and coded at a level beyond that of the six-digit numerical code set out in the Annex of the HS Convention.

Denunciation. Once entered into force, the Protocol Annex cannot be denounced separately from the Agreement. Annex 15 Attachment: International Convention on the Harmonized Commodity Description and Coding System (Brussels, 14 June 1983, as amended by the Protocol of Amendment to the International Convention on the Harmonized Commodity and Coding System of 24 June 1986) In witness whereof, the undersigned, being duly authorized, have signed this ProtocolAnnex. Done at Kunming Phnom Penh on 5 July 2005 30 April 2004 in six originals in the English language. Signed: This attachment can be downloaded from the ADB GMS Cross-Border Transport Facilitation Agreement website ▇▇▇.▇▇▇.▇▇▇/▇▇▇/▇▇▇▇▇-▇▇▇▇▇▇/▇▇▇▇▇▇▇.▇▇▇. It has not been included here because of its size and/or technical complexity. The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam (hereinafter referred to as “the Contracting Parties”), Referring to the Agreement between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People, originally signed at Vientiane on 26 November 1999, amended at Yangon on 29 November 2001, acceded to by the Kingdom of Cambodia at Yangon on 29 November 2001, acceded to by the People’s Republic of China at Phnom Penh on 3 November 2002, and acceded to by the Union of Myanmar at Dali City on 19 September 2003, and amended at Phnom Penh on 30 April 2004 (hereinafter referred to as “the Agreement”), Referring to Articles 3 3(b) and (n) of the Agreement to the effect that Annexes and Protocols contain technical details or time- and/ or and/or site-specific variable elements and that they form an integral part of the Agreement and are equally binding, Referring to Article 36 of the Agreement, as amended, per which the Agreement may be signed and ratified or accepted and enter into force separately from the Annexes and Protocols, Referring to the Ninth GMS Ministerial Conference held in Manila in January 2000, the Seventh Meeting of the Subregional Transport Forum held in Ho Chi Minh City in August 2002, and the 11th GMS Ministerial Conference held in Phnom Penh in September 2002, where the Governments agreed to a work program to finalize the Agreement and its Annexes and Protocols by 2005, and Referring to Article 23 17 (as amended) of the Agreement, calling for this Protocol Annex to provide technical details, HAVE AGREED AS FOLLOWS:

Denunciation. Once entered into force, the Protocol Annex cannot be denounced separately from the Agreement. In witness whereof, the undersigned, being duly authorized, have signed this ProtocolAnnex. Done at Kunming Phnom Penh on 5 July 2005 30 April 2004 in six originals in the English language. Signed: The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam (hereinafter referred to as “the Contracting Parties”), Referring to the Agreement between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People, originally signed at Vientiane on 26 November 19991999 at Vientiane, amended at Yangon on 29 November 2001, acceded to by the Kingdom of Cambodia at Yangon on 29 November 2001, acceded to by the People’s Republic of China at Phnom Penh on 3 November 20022002 at Phnom Penh, and acceded to by the Union of Myanmar on 19 September 2003 at Dali City on 19 September 2003, and amended at Phnom Penh on 30 April 2004 (hereinafter referred to as “the Agreement”), Referring to Articles 3 3(b) and (n) of the Agreement to the effect that Annexes and Protocols contain technical details or time- and/ or and/or site-specific variable elements and that they form an integral part of the Agreement and are equally binding, Referring to Article 36 of the Agreement, as amended, per which the Agreement may be signed and ratified or accepted and enter into force separately from the Annexes and Protocols, Referring to the Ninth GMS Ministerial Conference held in Manila in January 2000, the Seventh Meeting of the Subregional Transport Forum held in Ho Chi Minh City in August 2002, and the 11th GMS Ministerial Conference held in Phnom Penh in September 2002, where the Governments agreed to a work program to finalize the Agreement and its Annexes and Protocols by 2005, and Referring to Article 23 34 (a) of the Agreement, calling for this Protocol Annex to provide technical details, HAVE AGREED AS FOLLOWS: Article 1: Multimodal Carrier Liability Regime The Multimodal Carrier Liability Regime shall be as prescribed in the attachment to this Annex, “Multimodal Transport Liability Regime”. 130 Article 2: Amendment Any Contracting Party may propose amendments to the Annex via the Joint Committee. Such amendments shall be subject to the unanimous consent of the Contracting Parties.

Denunciation. Once entered into force, the Protocol Annex cannot be denounced separately from the Agreement. 40 Greater Mekong Subregion Cross-Border Transport Facilitation Agreement In witness whereof, the undersigned, being duly authorized, have signed this ProtocolAnnex. Done at Kunming Vientiane on 5 July 2005 16 December 2004 in six originals in the English language. Signed: The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam (hereinafter referred to as “the Contracting Parties”), Referring to the Agreement between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People, originally signed at Vientiane on 26 November 19991999 at Vientiane, amended at Yangon on 29 November 2001, acceded to by the Kingdom of Cambodia at Yangon on 29 November 2001, acceded to by the People’s Republic of China at Phnom Penh on 3 November 20022002 at Phnom Penh, and acceded to by the Union of Myanmar on 19 September 2003 at Dali City on 19 September 2003, and amended at Phnom Penh on 30 April 2004 (hereinafter referred to as “the Agreement”), Referring to Articles 3 3(b) and (n) of the Agreement to the effect that Annexes and Protocols contain technical details or time- and/ or and/or site-specific variable elements and that they form an integral part of the Agreement and are equally binding, Referring to Article 36 of the Agreement, as amended, per which the Agreement may be signed and ratified or accepted and enter into force separately from the Annexes and Protocols, Referring to the Ninth GMS Ministerial Conference held in Manila in January 2000, the Seventh Meeting of the Subregional Transport Forum held in Ho Chi Minh City in August 2002, and the 11th GMS Ministerial Conference held in Phnom Penh in September 2002, where the Governments agreed to a work program to finalize the Agreement and its Annexes and Protocols by 2005, and Referring to Article 23 Articles 3(j) and 12 of the Agreement, calling for this Protocol Annex to provide technical details, HAVE AGREED AS FOLLOWS: Article 1: Types of Motor Vehicles A “motor vehicle” is a power-driven vehicle that is normally used for carrying people or goods by road. It also includes rigid motor vehicles, articulated vehicles (a prime mover drawing a semi-trailer), and semi-trailers (a vehicle drawn by a motor vehicle in such a manner that part of the trailer is superimposed on the motor vehicle and a substantial 42 Greater Mekong Subregion Cross-Border Transport Facilitation Agreement part of the weight of the trailer and its load is borne by the motor vehicle). However, it does not cover vehicles that are only incidentally used for carrying persons or goods by road or for drawing on the road, such as agricultural tractors or road building contracting equipment. It also does not cover rail-borne vehicles, mopeds, and motorcycles. A diagram of motor vehicles specified in this Annex is in the Attachment.

Denunciation. Once entered into force, the Protocol Annex cannot be denounced separately from the Agreement. Annex 2 Attachment: Diagram of Motor Vehicles 46 Greater Mekong Subregion Cross-Border Transport Facilitation Agreement In witness whereof, the undersigned, being duly authorized, have signed this ProtocolAnnex. Done at Kunming Phnom Penh on 5 July 2005 30 April 2004 in six originals in the English language. Signed: Maximum permissible mass of 3,500 kg Maximum of eight passenger seats (in addition to the driver’s seat) More than eight passenger seats (in addition to the driver’s seat) Maximum permissible mass of more than 3,500 kg Tractor + Semi-trailer Note: The references to weight above are for the sole purpose of categorizing vehicles. The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand, and the Socialist Republic of Viet Nam (hereinafter referred to as “the Contracting Parties”), Referring to the Agreement between and among the Governments of the Lao People’s Democratic Republic, the Kingdom of Thailand, and the Socialist Republic of Viet Nam for the Facilitation of Cross-Border Transport of Goods and People, originally signed at Vientiane on 26 November 19991999 at Vientiane, amended at Yangon on 29 November 2001, acceded to by the Kingdom of Cambodia at Yangon on 29 November 2001, acceded to by the People’s Republic of China at Phnom Penh on 3 November 20022002 at Phnom Penh, and acceded to by the Union of Myanmar on 19 September 2003 at Dali City on 19 September 2003, and amended at Phnom Penh on 30 April 2004 (hereinafter referred to as “the Agreement”), Referring to Articles 3 3(b) and (n) of the Agreement to the effect that Annexes and Protocols contain technical details or time- and/ or and/or site-specific variable elements and that they form an integral part of the Agreement and are equally binding, Referring to Article 36 of the Agreement, as amended, per which the Agreement may be signed and ratified or accepted and enter into force separately from the Annexes and Protocols, Referring to the Ninth GMS Ministerial Conference held in Manila in January 2000, the Seventh Meeting of the Subregional Transport Forum held in Ho Chi Minh City in August 2002, and the 11th GMS Ministerial Conference held in Phnom Penh in September 2002, where the Governments agreed to a work program to finalize the Agreement and its Annexes and Protocols by 2005, and Referring to Article 23 Articles 15 and 26 of the Agreement, calling for this Protocol Annex to provide technical details, HAVE AGREED AS FOLLOWS: Article 1: Road Traffic Regulation The road traffic regulation shall be the rules of the road as prescribed in Attachment 1 to this Annex. Article 2: Road Signs and Signals (a) Road signs, signals, symbols, and road markings on the routes and corridors designated in Protocol 1 of the Agreement shall be as prescribed in Attachment 2 to this Annex. (b) A transition period of four years from the date of entry into force in their territory of this Annex is allowed to the Contracting Parties to gradually replace or supplement any sign, symbol, signal, and marking on the routes and corridors designated in Protocol 1 of the Agreement, which although it has the characteristics of a sign, symbol, signal, or marking belonging to the system prescribed by Attachment 2 of this Annex is used with a different meaning from that assigned in Attachment 2. (c) A transition period of 15 years from the date of entry into force in their territory of this Annex is allowed to the Contracting Parties to gradually replace any sign, symbol, signal, and marking on the routes and corridors designated in Protocol 1 of the Agreement, which does not conform in principle to the system prescribed by Attachment 2 of this Annex. During this period, in order to familiarize road users with the system prescribed by Attachment 2, previous signs and symbols may be retained beside those prescribed in Attachment 2. (d) Where Attachment 2 of this Annex does not prescribe a sign, symbol, or marking to signify a certain rule or convey certain information to road users, it shall be open to the Contracting Parties to use for these purposes any sign, symbol, or marking they wish, provided that such sign, symbol, or marking is not assigned a different meaning by Attachment 2 and provided that it conforms to the system prescribed by Attachment 2. (e) Nothing in this Annex shall be construed as requiring the Contracting Parties to adopt all types of signs and markings prescribed by Attachment 2. On the contrary, Contracting Parties shall limit the number and types of signs or markings they adopt to what is strictly necessary. (f) The Contracting Parties undertake to prohibit on their territory to affix to or install near a sign or other traffic control device, any object, board, notice, marking or other device that makes the sign less visible and understandable or risks confusing or distracting the road user in a way prejudicial to traffic safety.