The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam, Australia and New Zealand ("the Parties to the AANZFTA") refer to the Agreement Establishing the ASEAN–Australia–New Zealand Free Trade Area ("the AANZFTA") and set out below their common understanding:

The Parties to the AANZFTA affirm their understanding that the commitments under Article 1 (Reduction and/or Elimination of Customs Duties) of Chapter 2 (Trade in Goods) do not prevent a Party to the AANZFTA from taking measures in conformity with Article 1 (General Exceptions) of Chapter 15 (General Provisions and Exceptions).

Each of the Parties to the AANZFTA further notes its understanding that such measures may include measures based on domestic laws and regulations taken in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal or other relevant international agreements.

SIGNED at __________________, this ________ day of ___________, two thousand and eight, in three copies in the English language.

For the Government of For the Government of
Brunei Darussalam: Australia:

For the Government of For the Government of
the Kingdom of Cambodia: New Zealand:

For the Government of
the Republic of Indonesia:

For the Government of
the Lao People's Democratic Republic:

For the Government of
Malaysia:

For the Government of
the Union of Myanmar:

For the Government of
the Republic of the Philippines:

For the Government of
the Republic of Singapore:

For the Government of
the Kingdom of Thailand:

For the Government of
the Socialist Republic of Viet Nam: