ASEAN: Regional Trends in Economic Integration, Export ... - USITC

transactions based on international norms.” 138 The AEC Blueprint in 2007 called upon
members to harmonize laws for electronic contracting and dispute resolution and
reiterated the e-ASEAN Framework Agreement’s call for members to facilitate mutual
recognition of digital signatures. 139 ASEAN members have also committed to regional
cooperation on ICT infrastructure development. The e-ASEAN Framework Agreement
says that members will “work towards establishing … an ASEAN Information
Infrastructure Backbone.” 140
ASEAN’s most significant contributions to the development of e-commerce appear to
have been in the domain of e-commerce laws. Between 2004 and 2008, the
Harmonisation of E-Commerce Legal Infrastructure in ASEAN project, sponsored by the
Australian Agency for International Development (AusAID) under the ASEAN-Australia
Development Cooperation Program, assisted members in developing e-commerce
legislation in accordance with international best practices. 141 The project played a key
role in helping Indonesia to prepare its draft law (adopted in 2007) and draft laws for
Laos and Cambodia (awaiting ratification by those countries’ National Assemblies).
ASEAN Secretariat staff noted that ASEAN has not received donor funds dedicated to
development of e-commerce laws since the aforementioned project concluded. This may
limit the Secretariat’s ability to continue meaningful work in this area. 142
Regarding development of ICT infrastructure, ASEAN’s work has mostly been limited to
facilitating discussions among member countries on topics such as prioritization of ICT
investments. More recently, the Secretariat has been seeking to promote dialogue with
private sector partners that are potential sources of ICT investment, such as the World
Bank’s International Finance Corporation and the U.S.-ASEAN Business Council. 143 It is
unclear whether this outreach has led to any new investments.
138 ASEAN, “e-ASEAN Framework Agreement,” November 24, 2000, Article 5.
139 ASEAN, “ASEAN Economic Community Blueprint,” November 20, 2007, section II.B6.
140 ASEAN, “e-ASEAN Framework Agreement,” November 24, 2000, Article 4.
141 Galexia, Harmonisation of E-Commerce Legal Infrastructure in ASEAN, April 2008.
142 ASEAN Secretariat official, telephone interview by USITC staff, April 21, 2010.
143 Ibid.
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