Joint Declaration of the 11th China-ASEAN Prosecutors-General Conference　

The 11th China-ASEAN Prosecutors-General Conference was held in Bandar Seri Begawan, Brunei Darussalam on 14-15 August 2018. H.E. Dato Paduka Haji Hairol Arni bin Haji Abdul Majid, Attorney General and Public Prosecutor of Brunei Darussalam, H.E Chea Leang, Prosecutor General of the Kingdom of Cambodia, H.E. Dr. Arminsyah, Vice Attorney General of the Republic of Indonesia, H.E. Xaysana Khotphouthone, Deputy Supreme People's Prosecutor of the Lao People's Democratic Republic, H.E. Datin Paduka Zauyah Be binti T. Loth Khan, Solicitor General II of Malaysia, H.E. U Win Myint, Deputy Attorney General of the Republic of the Union of Myanmar, H.E. Lucien Wong, S.C, Attorney-General of the Republic of Singapore, H.E. Nattachak Pattamasingh na Ayuthaya, Inspector General of the Kingdom of Thailand, H.E. Dr. Tran Cong Phan, Deputy Prosecutor General of the Socialist Republic of Viet Nam, H.E. Zhang Jun, Prosecutor General of the Supreme People's Procuratorate of the People's Republic of China attended the Conference.

The Conference was successfully held in a warm and cordial atmosphere focusing on the theme "Enhancing Cooperation and Capabilities in Addressing Cybercrime".

The Conference welcomed the successful outcomes of the 30th, 31st and 32nd ASEAN Summits and Related Summits under the respective ASEAN Chairmanships of Philippines in 2017 and Singapore in 2018 and applauds in particular, the adoption of the 2017 ASEAN Declaration to Prevent and Combat Cybercrime and the recent ASEAN Leaders' Statement on Cybersecurity Cooperation on the occasion of the 32nd ASEAN Summit. The Conference also welcomed the successful outcome of the 20th ASEAN-China Summit and joins in the celebration of the 15th Anniversary of the ASEAN-China Strategic Partnership, which in 2012 put in place the Plan of Action to Implement the Joint Declaration on ASEAN-China Strategic Partnership for Peace and Prosperity that includes a plan for cooperation in the field of non-traditional security matters such as cybercrime. The Conference also noted with appreciation the increasing importance accorded by ASEAN to addressing cybercrime and cybersecurity related issues through ASEAN mechanisms such as the ASEAN Ministerial Meeting on Transnational Crime(AMMTC), ASEAN Telecommunications and IT Ministers Meeting (TELMIN), the ASEAN Regional Forum (ARF), Conference of the ASEAN Ministers Responsible for Information (AMRI) and the ASEAN ICT and Cybersecurity Ministers Meeting (AMCC). The Conference especially welcomed the launching of the ASEAN Cyber Capacity Program (ACCP) aimed at funding the resources, expertise and training to help ASEAN member states build up the infrastructure necessary to counter cyber threats, and in turn expressed its appreciation to Singapore for this initiative.

On a global level, the Conference also welcomed the continued efforts of international organisations such as the International Association of Prosecutors (IAP) and its sub-organisation Global Prosecutors E-Crime Network (GPEN), the International Police Organization (INTERPOL) and the United Nations, through the United Nations Office on Drugs and Crime (UNODC), to tackle the scourge of cybercrime through coordination, international cooperation and capacity building initiatives.

The Conference emphasized the important role played by the China-ASEAN Prosecutors-General Conference since its inception in 2004 in combatting transnational crime, protecting social welfare and upholding national stability, thus contributing to promoting ASEAN-China relations as well as regional and international peace, stability and prosperity.

The Conference recognised the importance of information and communication technologies(ICT)that have brought great benefits to our societies, and for being key drivers in aspects such as governance, economy, commerce and trade as well as social well-being. The Conference also expressed concern that cybercrime and its harmful effects evolve at a rapidly alarming pace and transcend national boundaries, potentially eroding trust in ICT and adversely affecting the safety of individuals, in particular children. The Conference acknowledged that cybercrime has strong linkages to other forms of transnational crimes such as money laundering and terrorism, and is capable of bringing detriment to the region's political stability and security. Bearing all this in mind, the Conference had a fruitful and productive discussion on how the members can strengthen their capabilities, coordination and cooperation to address and prevent cybercrime. The Conference also shared best practices and successful experiences in combating cybercrime, identified challenges and obstacles in regional cooperation and considered ways of addressing them.

The Prosecutors-General of ASEAN member states and China reaffirmed their strong commitment to working closely together to address cybercrime and cybersecurity related threats as well as other transnational organised crimes at both national and regional levels.

To this end, the Prosecutors-General declare that:

1. The Prosecutors-General remain committed to the principles of equality, mutual trust and mutual benefit, to strive to further build consensus on international cooperation against cybercrime, and continue to bring transnational criminals to justice in accordance with the domestic laws of their countries, through the effective use of mutual legal assistance and extradition on the basis of mutual respect for national sovereignty, judicial jurisdiction and national laws.

2. The Prosecutors-General, subject to the domestic laws of their countries, endeavour to faithfully and effectively fulfil the duties of prosecution authorities under various multilateral and bilateral treaties their respective countries are parties to, in their ongoing efforts to fight against cybercrime and other serious crimes.

3. The Prosecutors-General, where necessary and in accordance with their domestic powers, agree to formulate, improve and strengthen measures relating to the fight against transnational crime, especially cybercrime, through inter alia, working with their respective domestic agencies to improve procedures for cybercrime investigations, the handling of electronic evidence as well as measures protecting children against online sexual violence and to evaluate the effectiveness of such measures on a regular basis.

4. The Prosecutors-General, to the extent possible, agree to enhance the specialisation of prosecutors and consider the establishment of specialised prosecution units or, alternatively, a group of specialised prosecutors to guide or assist other prosecutors in cases involving cybercrime and electronic evidence in their own countries based on the appropriation of every countries:

5. The Prosecutors-General, subject to the domestic laws of their countries, agree to enhance information exchanges on the monitored, tracked and grasped data and intelligence about cybercrime threats and to update each other in a timely manner and where necessary, explore the establishment of information networks to share the resources of information on fighting crimes.

6. The Prosecutors-General agree to further explore initiatives for the purpose of strengthening the capacity of prosecutors in handling transnational crimes, including the exchange of prosecutors, training of prosecutors and sharing of experience and expertise in implementing and enforcing laws and measures to combat cybercrime and cybersecurity threats.

7. The Prosecutors-General agree to strengthen cooperation with local law enforcement agencies as well as the private sector in their own countries in order to ensure an effective criminal justice response against cybercrime.

8. The Prosecutors-General agree there is a need to emphasise greater awareness of cybercrime and its associated risks, and subject to their domestic capabilities, members commit to create more awareness and a better understanding of cybercrime threats through providing public information, especially to children and the younger generation.

With a view to further enhancing cooperation and exchanges between ASEAN member states and China in the prosecutorial fields, the participating delegates agree that Cambodia is willing to host the 12th China-ASEAN Prosecutors-General Conference.

This declaration was signed in Bandar Seri Begawan, Brunei Darussalam on 15th August 2018.