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Summary Information
Full Title

2009 Protocol to Implement the Sixth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services

Short Title / Abbreviations

AFAS 6th Package on Air Transport/AFAS AS 6

CIL Subject Classification
Date of Adoption 10/12/2009
Place of Adoption Ha Noi, Vietnam, 15th ASEAN Transport Ministers (ATM) Meeting
Issued/Adopted by Transport Ministers of ASEAN
Dispute settlement provisions

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.”

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).

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). The 1996 Protocol applies to all other disputes.

Depository

Secretary-General of ASEAN

Annexes

Brunei Darussalam

  • Schedule of Specific Commitments

Cambodia

  • Schedule of Specific Commitments

Lao PDR

  • Schedule of Specific Commitments

Malaysia

  • Schedule of Specific Commitments

Myanmar

  • Schedule of Specific Commitments

Philippines

  • Schedule of Specific Commitments

Singapore

  • Schedule of Specific Commitments

Viet Nam

  • Schedule of Specific Commitments
Entry Into Force Status In Force
Source

ASEAN Secretariat

Date of Entry into Force

14/01/2012

Entry into Force / Termination Provisions

Paragraph 5:

“This Protocol shall enter into force on the sixtieth day after the deposit of the sixth Instrument of Ratification or Acceptance from ASEAN Member Countries with the Secretary-General of ASEAN, and shall become effective only among the Contracting Parties that have ratified or accepted it. For each Contracting Party ratifying or accepting to the Protocol after the deposit of the sixth Instrument of Ratification or Acceptance, the Protocol shall enter into force on the sixtieth day after the deposit of such Contracting Party of its Instrument of Ratification or Acceptance.”

Status
ASEAN States (Source:

ASEAN Legal Instruments

as of 08/12/2022)
Brunei Darussalam Signature 10/12/2009
Ratification 14/11/2011
Cambodia Signature 10/12/2009
Ratification 09/09/2013
Indonesia Signature 10/12/2009
Ratification 06/01/2011
Lao PDR Signature 10/12/2009
Malaysia Signature 10/12/2009
Ratification 19/07/2010
Myanmar Signature 10/12/2009
Ratification 09/05/2010
Philippines Signature 10/12/2009
Ratification 27/03/2012
Singapore Signature 10/12/2009
Ratification 22/11/2010
Thailand Signature 10/12/2009
Ratification 20/11/2010
Vietnam Signature 10/12/2009
Approval 16/08/2010
Related Instruments
Protocols / Amendments to this instrument

2011 Protocol to Implement the Seventh Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services

2013 Protocol to Implement the Eighth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services

2015 Protocol to Implement the Ninth Package of Commitments on Air Service Transport under the ASEAN Framework Agreement on Services

2017 Protocol to Implement the Tenth Package of Commitments on Air Transport Services Under the ASEAN Framework Agreement on Services

2019 Protocol to Implement the Eleventh Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services

This instrument amends/supersedes

1995 ASEAN Framework Agreement on Services

The first package of commitments on Air Transport Services was made in the 1997 Protocol to Implement the Initial Package of Commitments under the ASEAN Framework Agreement on Services

The second package of commitments on Air Transport Services was made in the 1998 Protocol to Implement the Second Package of Commitments under the ASEAN Framework Agreement on Services

The third package of commitments on Air Transport Services was made in the 2001 Protocol to Implement the Third Package of Commitments under the ASEAN Framework Agreement on Services

2004 Protocol to Implement the Fourth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services

2007 Protocol to Implement the Fifth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services

Related Instruments

2003 Protocol to Amend the ASEAN Framework Agreement on Services

2004 ASEAN Framework Agreement for the Integration of Priority Sectors

2012 ASEAN Agreement on the Movement of Natural Persons

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.