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Summary Information
Full Title

2018 Protocol 4 on Co-Terminal Rights Between Points Within the Territory of any other ASEAN Member State (ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services)

Short Title / Abbreviations

MAFLPAS Protocol 4

CIL Subject Classification
Date of Adoption 09/11/2018
Place of Adoption Bangkok, Thailand, 24th ASEAN Transport Ministers Meeting (ATM)
Issued/Adopted by Transport Ministers of ASEAN (signatories not indicated in the online document but the official press release of the meeting confirms that the Ministers signed this instrument)
Dispute settlement provisions

In accordance with the 2010 ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services:

Article 17 ‘Settlement of Disputes’: “The provisions of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR, on 29 November 2004 and any amendment thereto, shall apply to disputes arising under this Agreement.”

The 2010 ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services 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. However, this Protocol is not listed as a ‘covered agreement’ under the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism.

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 2004 Protocol applies to all other disputes.

Depository

Secretary-General of ASEAN

Entry Into Force Status In Force
Source

ASEAN Legal Instruments

Date of Entry into Force

16/08/2019

Entry into Force / Termination Provisions

Article 4.3: “Notwithstanding paragraph 2 of Article 16 of the Agreement, this Protocol shall enter into force on the date of the deposit of the third (3rd) Instrument of Ratification or Acceptance with the Secretary-General of ASEAN and shall become effective only among the Contracting Parties that have ratified or accepted it. For a Contracting Party depositing its Instrument of Ratification or Acceptance after the date of entry into force of this Protocol, this Protocol shall enter into force for that Contracting Party on the date of its deposit of Instrument of Ratification or Acceptance.”

Status
ASEAN States (Source:

ASEAN Legal Instruments

as of 06/09/2022)
Brunei Darussalam Signature 09/11/2018
Ratification 12/11/2020
Cambodia Signature 09/11/2018
Ratification 16/02/2021
Indonesia Signature 09/11/2018
Lao PDR Signature 09/11/2018
Acceptance 29/10/2020
Malaysia Signature 09/11/2018
Ratification 16/08/2019
Myanmar Signature 09/11/2018
Ratification 12/09/2019
Philippines Signature 09/11/2018
Ratification 04/12/2019
Singapore Signature 09/11/2018
Ratification 31/05/2019
Thailand Signature 09/11/2018
Ratification 26/05/2019
Vietnam Signature 09/11/2018
Acceptance 31/10/2019
Related Instruments
This instrument amends/supersedes

2010 ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services

Related Instruments

2010 Protocol 1 on Unlimited Third and Fourth Freedom Traffic Rights between any ASEAN Cities (ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services)

2010 Protocol 2 on Unlimited Fifth Freedom Traffic Rights between Any ASEAN Cities (ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services)

2017 Protocol 3 on Domestic Code-Share Rights Between Points Within the Territory of Any Other ASEAN Member States (ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services)

 

1992 Framework Agreement on Enhancing ASEAN Economic Cooperation

2009 ASEAN Multilateral Agreement on Air Services

2009 ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services

External Links
Additional Information

This Protocol is added as Protocol 4 under Annex II of the 2010 ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services (Article 4.3).