AGREEMENT ON THE ESTABLISHMENT OF THEASEAN CO-ORDINATING CENTRE FOR HUMANITARIAN

ASSISTANCE ON DISASTER MANAGEMENT

The Governments of Brunei Darussalam, the Kingdom ofCambodia, the Republic of Indonesia, the Lao People'sDemocratic Republic, Malaysia, the Republic of the Union ofMyanmar, the Republic of the Philippines, the Republic ofSingapore, the Kingdom of Thailand and the SocialistRepublic of Viet Nam, Member States of the Association ofSoutheast Asian Nations (hereinafter collectively referred toas "the Parties" or singularly as "the Party");

REAFFIRMING their commitment to the aims and purposesof the Association of Southeast Asian Nations (ASEAN) asset forth in the Bangkok Declaration of 8 August 1967, inparticular, to promote regional co-operation in SoutheastAsia in the spirit of equality and partnership and therebycontribute towards peace, progress and prosperity in theregron;

FURTHER REAFFIRMING the commitments of the ASEANCharter which entered into force on 15 December 2008 andthe provisions of the Cha-am-Hua Hin Declaration on theRoadmap for the ASEAN Community (2009-2015)to pursuecomprehensive integration of ASEAN towards the realisationof an open, dynamic and resilient ASEAN Community by2015 as envisioned in the Declaration of ASEAN Concord llthrough the ASEAN Socio-Cultural Community Blueprint;

REFERRING to the commitment stioulated in the ASEANAgreement on Disaster Management and EmergencyResponse (AADMER) signed on 26 July 2005 and whichentered into force on 24 December 2009 to establish theASEAN Co-ordinating Centre for Humanitarian Assistance

on disaster management, which shall serve as an effectivemechanism to achieve substantial reduction of disasterlosses in lives and in the social, economic and environmentalassets of the Parties and to jointly respond to disasteremergencies through concerted national efforts andintensified regional and international co-operation;

CONCERNED by the increasing frequency and scale ofdisasters in the ASEAN region and their damaging impactsboth short{erm and long-term;

FURTHER RECALLING the 40th Meeting of the ASEANForeign Ministers' Joint Communiqu6 on 30 July 2007 inMani la, the Phi l ippines, which endorsed lndonesia as thehost of the AHA Centre;

Have agreed as follows

Article 1Terms and Definitions

For the purposes of this Agreement:

"Assisting Entity" means a State, international organisation,and any other entity or person that offers and/or rendersassistance to a Receiving Party or a Requesting Party in theevent of a disaster emergency;

"Conference of the Parties" means the Conference of Partiesestablished under Article 21 of ASEAN Agreement onDisaster Management and Emergency Response(AADMER);

"Competent Authorities" means one or more entitiesdesignated and authorised by each Party to act on its behalfin the implementation of AADMER and this Agreement;

"Disaster" means a serious disruption of the functioning of acommunity or a society causing widespread human, material,economic or environmental losses,

"Disaster emergency" means a situation where a Partydeclares that it is unable to cope with a disaster;

"Disaster management" means the range of activities, priorto, during and after the disasters, designed to maintaincontrol over disasters and to provide a framework for helpingat-risk persons and/or communities to avoid. minimise orrecover from the impact of the disasters,

"Expert" means any person other than the staff members ofthe AHA Centre appointed to carry out specific tasks for theAHA Centre or on its behalf. and its exoense for a soecificperiod of time;

"Hazard" means a potentially damaging physical event,phenomenon and/or human activity, which may cause theloss of life or injury, property damage, social and economicdisruption or environmentally degradation ;

"National Focal Point" means an entity designated andauthorised by each Party to receive and transmit informationpursuant to the provisions of this Agreement. To facilitate thefunctioning of the AHA Centre, it is preferred that theNational Focal Points should be the ASEAN Committee onDisaster Management (ACDM);

"Receiving Party" means a Party that accepts assistanceoffered by an Assisting Entity or Entities in the event of adisaster emergency; and

"Requesting Party" means a Party that requests from anotherParty or Parties assistance in the event of a disasteremergency.

Article 2Establishment of the ASEAN Co-ordinating Centre for

Humanitarian Assistance

1. ln accordance with Article 20.1 of the AADMER, theParties hereby establish the ASEAN Co-ordinatingCentre for Humanitarian Assistance on disastermanagement (hereinafter referred to as the "AHACentre").

2. The AHA Centre shall have its seat in Jakarta,lndonesia, (hereinafter referred to as the "HostCountry").

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Article 3Purposes of the AHA Centre

The purpose of the AHA Centre is to facilitate co-operation and co-ordination among the Parties, andwith relevant United Nations and internationalorganisations, in promoting regional collaboration indisaster management and emergency response.

The AHA Centre shall work on the basis that theRequesting Party will act first to manage and respondto disasters within its territory. In the event that theRequesting Party requires assistance to cope withsuch a situation, in addition to a direct request to anyAssisting Entity, it may seek assistance from the AHACentre to facilitate such reouest.

Article 4Functions of the AHA Gentre

ln accordance with AADMER, the AHA Centre shall performthe following functions:

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(i) receive and consolidate data as analysed by andrecommendations on risk level from the NationalFocal Points;

on the basis of such information, disseminate toeach Party, through its National Focal Point, theanalysed data and risk level arising from theidentified hazards,

(ii i) where appropriate, conduct analysis on possibleregional-level implications;

(iv) receive information regarding available resourcesfor the regional standby arrangements fordisaster relief and emergency response;

facilitate the establishment, maintenance andperiodical review of regional standbyarrangements for disaster relief and emergencyresoonse:

(vi) facilitate periodic review of regional standardoperating procedures;

(vii) receive data on earmarked assets andcapacities, which may be available for theregional standby arrangements for disaster reliefand emergency response, as communicated byeach Party, and their updates;

(viii) consolidate, update and disseminate the data onsuch earmarked assets and capacities, andcommunicate with the Parties for their util isation;

(ix) receive information on measures taken by theParties to mobilise equipment, facilities,materials, human and financial resourcesrequired to respond to disasters;

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(x) facilitate joint emergency response;

(xi) where appropriate, facilitate the processing ofexemptions and facilities in respect of theprovision of assistance;

(xii) where possible and appropriate, facrlitate theprocessing of transit of personnel, equipment,facilities and materials in resoect of theprovisions of assistance,

(xiii) facilitate activities for technical co-operation;

(xiv) facilitate activities for scientific and technicalresearcn;

(xv) receive from each Party, information ondesignated National Focal Points and CompetentAuthorities and any subsequent changes in theirdesignations;

(xvi) regularly and expeditiously provide to the Partiesand, as necessary, to relevant internationalorganisations, information referred to inparagraph (xv) above; and

(xvii) carry out any other task assigned by theConference of the Parties (COP).

Article 5Structure of the AHA Gentre

The AHA Centre shall be comoosed of:

(i) a Governing Board;

(ii) an Executive Director;

(ii i) Heads of Divisions and staff of such Divisions, asshall be necessary to perform the functions of theAHA Centre.

Article 5Governing Board

The Governing Board is hereby established to assumeoverall responsibility and be accountable for theoperations of the AHA Centre.

The Governing Board shall comprise National FocalPoints of the Parties and a reoresentative of theASEAN Secretariat as an ex-officio member.

The oositions of the Chair and the Vice Chair of theGoverning Board shall be respectively assumed by theChair and Vice Chair of the ACDM.

4. The position of the Secretary to the Governing Boardshall be assumed bv the Executive Director of AHACentre.

The Governing Board may invite Experts and/orpartners as it deems appropriate to attend themeetings of the Governing Board.

The Secretary-General of ASEAN, in his capacity asASEAN Humanitarian Assistance Coordinator, mayattend the meetings of the Governing Board, so as tobring relevant issues and decisions of the ASEANLeaders.

The ordinary meetings of the Governing Board shall beconvened at least once a year, and as far as possible,in conjunction with meetings of the ACDM and/or thecoP.

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Extraordinary meetings may be convened by the Chairof the Governing Board at the request of any memberof the Governing Board, provided that such request issupported by at least three (3) other members.

The Party whose official is a member of the GoverningBoard shall defray the expenses of that member whileperforming the Governing Board's duties.

The decisions of the Governing Board shall be byconsensus. The decision-making and other proceduresof the Governing Board shall be governed by the Rulesof Procedure to be drawn up by the Governing Board.

Article 7Functions of the Governing Board

The functions of the Governing Board shall be asfollows:

(i) undertake the overall supervision of operations,provide policy guidance and give directions to theAHA Centre,

(ii) approve the organisational structure and staffrequirements of the AHA Centre;

(ii i) establish the terms and conditions for theposition of the Executive Director, Heads ofDivisions and other staff members;

(iv) appoint an Executive Director in accordance withthe terms and conditions for such oosition asestablished,

(v) appoint the Heads of Divisions and staffmembers while taking into account therecommendations made bv the Executive

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Director in accordance with the terms andconditions for such positions as established;

(vi) approve the rules, procedures and regulations forthe operations of the AHA Centre, including thestaff and financial rules and procedures;

(vii) approve the annual work programmes andoperationalisation budget of the AHA Centre andmonitor their imolementation:

(viii) oversee the utilisation of funds entrusted to theAHA Centre and approve the rules andprocedures for the management of such funds,including the procedures for requesting themobilisation of the ASEAN Disaster Managementand Emergency Rel ief Fund (ADMER Fund)established in accordance with Article 24 ofAADMER;

(ix) approve the disposal of the property and assetsof the AHA Centre in case of dissolution of theAHA Centre, and on any other mattersconcerned with the dissolution,

(x) approve the acceptance of any voluntarycontributions or donations for the purposes of theAHA Centre;

(xi) establish the rules and procedures for theconduct of the meetings or proceedings of theGoverning Board;

(xii) perform any other functions necessary to achievethe purpose of the AHA Centre, under Article 3.

2. The Chair of the Governing Board is responsible forreporting the overall progress and development of

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activities of the AHA Centre to the COP on an annualbasis.

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Article 8Executive Director

The Executive Director shall be appointed by theGoverning Board in accordance with the terms andconditions established bv it.

2. The Executive Director shall be resoonsible andaccountable for the management of the AHA Centreand all other functions that mav be directed bv theGoverning Board.

3. The Executive Director shall be supported by Heads ofDivisions and staff to carry out his/her functions andresponsi bi I ities effectively a nd efficiently.

The Executive Director shall make recommendations tothe Governing Board for the appointment of the Headsof Divisions and staff members in accordance with theterms and conditions established bv the GoverninoBoard.

The Executive Director shall have a contractual term ofoffice of three (3) years, which term may be extendedbased on the oerformance of the Executive Directorand the decisions of the Governino Board.

The Executive Director shall designate one of theHeads of Divisions to serve as the Officer-in-Chargewhenever the Executive Director is temporarily absent.When the office of the Executive Director becomesvacant, the Governing Board shall appoint an ActingExecutive Director until the assumption of the office byan Executive Director appointed, as expeditiously aspossible. in accordance with Article 8.1.

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7. The Executive Director shall exercise overallresponsibility for effective management of theoperational budget of the AHA Centre. The ExecutiveDirector shall prepare semi-yearly progress reports tothe Governing Board on the financial status of the AHACentre.

Article 9Heads of Divisions

The Heads of Divisions shall be appointed by theGoverning Board, while taking into account therecommendations made by the Executive Director inaccordance with the terms and conditions asestablished by the Governing Board.

The Heads of Divisions shall be responsible for themanagement of their respective Divisions and all otherfunctions that may be directed by the ExecutiveDirector and/or the Governino Board.

3. The Heads of Divisions shall be supported bymembers to carry out his/her functionsresponsi bilities effectively and efficiently.

4. Each Head of Division shall have a contractual term ofoffice of three (3) years.

Article 10Staff Members

L The staff members shall be appointed by theGoverning Board, while taking into account therecommendations made by the Executive Director inaccordance with the terms and conditions asestablished by the Governing Board.

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2. The staff members shall oerform such tasks inaccordance with the terms and conditions of theirappointments and any other tasks assigned by theExecutive Director and/or the Heads of Divisionsandior the Governing Board.

Art ic le 11Obligations of the Host Gountry

The Host Country shall provide adequate premises atits own expense, operational facilities and such otherfacilities needed for the ooerations of the AHA Centrein accordance with the Host Country Agreement to beconcluded between the AHA Centre and the HostCountry.

The Host Country shall grant to the AHA Centre,Executive Director, Heads of Divisions and staffmembers, where appropriate, privileges andimmunities as may be necessary for the performanceof their functions and responsibilities in accordancewith the Host Country Agreement to be concludedbetween the AHA Centre and the Host Countrv.

Article 12Funding Arrangements

1. An AHA Centre Fund (hereinafter referred to as the"Fund") is hereby established to support theoperationalisation budget of AHA Centre. The Partiesshal l make annual equal contr ibut ions to the Fund,which shall be remitted in a timely manner, after theCOP has reached agreement by consensus as to theagreed contributions for any specific year

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In addition to the Fund, the AHA Centre will also besupported by the ADMER Fund established inaccordance with Article 24 of AADMER.

The AHA Centre may, when necessary, mobiliseadditional resources from the international donorcommunity which includes international organisations,regional financial institutions and partners of ASEAN.

The Fund is to be utilised to meet the exoensesnecessary to implement the activities required to fulfilthe purposes of the AHA Centre, as approved by theGoverning Board.

All funds shall be administered in accordance with therules and procedures for the management of suchfunds established under Article 7.'l (viii) of thisAgreement

Article 13Legal Personality

The AHA Centre shall have, in the territory of its HostCountry, the legal capacity necessary to do thefollowing:

(i) to enter into contracts;

(ii) to acquire and dispose of movable andimmovable properties; and

(iii) to institute and defend itself in legal proceedings.

In the exercise of these caoacities. the AHA Centreshall be represented by the Executive Director whoshall comply with the relevant financial rules andprocedures approved by the Governing Board.

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Article 14Amendments

Amendments to this Agreement, as proposed by any Party,shall be agreed to by the Parties by consensus. Suchamendments shall enter into force in accordance with Article16 (Final Provisions) of this Agreement.

Article 15Settlement of Disputes

Any dispute between Parties concerning the interpretation orapplication of, or compliance with this Agreement shall besettled amicably by consultation or negotiation.

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Article 16Final Provisions

Each Party shall notify the Secretary-General ofASEAN upon completion of its internal legalprocedures for entry into force of this Agreement. ThisAgreement shall enter into force on the date of thedeposit of the tenth instrument of notification of thefulfilment of such internal legal procedures with theSecretary-General of ASEAN.

This Agreement shall be deposited with the Secretary-General of ASEAN, who shall promptly furnish acertified copy thereof to each Party.

lN WITNESS WHEREOF the undersigned, being dulyauthorised by their respective Governments have signed thisAgreement.

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