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2005-AFAS-FSL-3-Annex-SC.pdf

Summary Information
Full Title

2005 Protocol to Implement the Third Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

Short Title / Abbreviations

AFAS 3rd Package on Financial Services/AFAS FS 3

CIL Subject Classification
Date of Adoption 06/04/2005
Place of Adoption Vientiane, Lao PDR, 10th ASEAN Finance Ministers Meeting (AFMM)
Issued/Adopted by Finance Ministers of ASEAN
Dispute settlement provisions

This Protocol is one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix 1. The 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022).

 

Paragraph 4: “This Protocol and its Annexes shall form an integral part of the [1995] ASEAN Framework Agreement on Services.”

Article VII ‘Settlement of Disputes’ of the 1995 ASEAN Framework Agreement on Services:

“1. The [1996] Protocol on Dispute Settlement Mechanism for ASEAN shall generally be referred to and applied with respect to any disputes arising from, or any differences between Member States concerning the interpretation or application of, this Framework Agreement or any arrangements arising therefrom.

2. A specific dispute settlement mechanism may be established for the purposes of this Framework Agreement which shall form an integral part of this Framework Agreement.”

The 1995 ASEAN Framework Agreement on Services is also one of the “Covered Agreements’ pursuant to Article 1.1 of the 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix I.  The 2004 Protocol will only apply with respect to disputes that arose after its entry into force (29 November 2004).

Depository

Secretary-General of ASEAN

Annexes

Note: The text of the Protocol indicates that its annexes include Horizontal Commitments, Schedule of Specific Commitments, and Lists of Most-Favoured Nation Exemptions.

However only Horizontal Commitments and the Schedule of Specific Commitments are available on the ASEAN Secretariat website.

Entry Into Force Status In Force
Source

ASEAN Legal Instruments

Date of Entry into Force

08/09/2008

Entry into Force / Termination Provisions

Paragraph 5: “This Protocol shall enter into force upon the deposit of instruments of ratification or acceptance by all signatory governments with the Secretary-General of ASEAN, which shall be done not later than 31 December 2005”

Status
ASEAN States (Source:

ASEAN Legal Instruments

as of 12/12/2022)
Brunei Darussalam Signature 06/04/2005
Ratification 11/05/2006
Cambodia Signature 06/04/2005
Acceptance 11/01/2007
Indonesia Signature 06/04/2005
Ratification 08/09/2008
Lao PDR Signature 06/04/2005
Ratification 27/02/2008
Malaysia Signature 06/04/2005
Ratification 02/06/2005
Myanmar Signature 06/04/2005
Ratification 09/02/2006
Philippines Signature 06/04/2005
Ratification 03/03/2006
Singapore Signature 06/04/2005
Ratification 06/01/2006
Thailand Signature 06/04/2005
Ratification 27/02/2006
Vietnam Signature 06/04/2005
Acceptance 01/03/2006
Related Instruments
Protocols / Amendments to this instrument

2008 Protocol to Implement the Fourth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

2011 Protocol to Implement the Fifth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

2015 Protocol to Implement the Sixth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

2016 Protocol to Implement the Seventh Package of Commitments on Financial Services Under the ASEAN Framework Agreement on Services

2019 Protocol to Implement the Eighth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

This instrument amends/supersedes

1995 ASEAN Framework Agreement on Services

The first Package of Commitments on Financial Services was made in the 1998 Protocol to Implement the Second Package of Commitments under the ASEAN Framework Agreement on Services

2002 Protocol to Implement the Second Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

Related Instruments

WTO General Agreement on Trade in Services

External Links
Additional Information

Dates of ratification and accession given above were obtained from the ASEAN Secretariat’s Legal Instruments website and its electronic collection of instruments of ratification, accession and notification. Some of the dates given appear to be the dates of execution of the instruments of ratification/accession, rather than their date of receipt by the depository.