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2015-AFAS-FS-6-Annex-SOC-ABIF.pdf

Summary Information
Full Title

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

Short Title / Abbreviations

AFAS 6th Package on Financial Services/AFAS FS 6

CIL Subject Classification
Date of Adoption 20/03/2015
Place of Adoption Kuala Lumpur, Malaysia at the 19th 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 2: “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

Brunei Darussalam:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Cambodia:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Indonesia:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Lao PDR:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Malaysia:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Myanmar:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Philippines:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Singapore:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Thailand:

  • Schedule of Specific Services Commitments for Financial Services under AFAS

Viet Nam:

  • Schedule of Specific Services Commitments for Financial Services under AFAS
Entry Into Force Status In Force
Source

ASEAN Legal Instruments

Date of Entry into Force

18/06/2015

Entry into Force / Termination Provisions

Paragraph 6: “This Protocol and the commitments set out in the Annexes shall enter into force ninety (90) days after the date of its signing. Subsequent commitments made in accordance with paragraph 5 shall enter into force ninety (90) days after the date such commitments are notified in writing to the ASEAN Finance Ministers’ Meeting.”

Paragraph 9: “ (1) Where a Member State is unable to complete its internal procedures for the entry into force of this Protocol within ninety (90) days from the date of its signing, the rights and obligations of that Member State under this Protocol shall commence on the first day following the date on which notification was made under Paragraph 8.

(2) Where a Participating Member State is unable to complete its internal procedures within ninety (90) days after the date upon which subsequent commitments made by Participating Member States in accordance with Paragraph 5 are notified to the ASEAN Finance Ministers’ Meeting, the rights and obligations of that Participating Member State shall commence on the first day following the date on which notification was made under Paragraph 8.”

Paragraph 8: “Each Member State shall, upon the completion of its internal procedures of ratification or acceptance of this Protocol and the commitments set out in the Annexes, notify the ASEAN Secretariat in writing.”

Status
ASEAN States (Source:

ASEAN Legal Instruments

as of 12/12/2022)
Brunei Darussalam Signature 20/03/2015
Signature 05/01/2016
Cambodia Signature 20/03/2015
Ratification 13/01/2017
Indonesia Signature 20/03/2015
Ratification 07/08/2018
Lao PDR Signature 20/03/2015
Acceptance 04/12/2015
Malaysia Signature 20/03/2015
Ratification 20/04/2017
Myanmar Signature 20/03/2015
Ratification 19/01/2016
Philippines Signature 20/03/2015
Ratification 14/06/2016
Singapore Signature 20/03/2015
Ratification 28/07/2015
Thailand Signature 20/03/2015
Notification 29/06/2015
Vietnam Signature 20/03/2015
Approval 16/12/2015
Related Instruments
Protocols / Amendments to this instrument

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

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

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

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.