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

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Additional Annexes	2004-AFAS-Air-Tpt-4-Annexes-1.pdf
Full Title	2004 Protocol to Implement the Fourth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services
Short Title / Abbreviations	AFAS 4th Package on Air Services/AFAS AS 4
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Free Trade Area Services Transport
Date of Adoption	23/11/2004
Place of Adoption	Phnom Penh, Cambodia, 10th ASEAN Transport Ministers (ATM) Meeting
Issued/Adopted by	Transport Ministers of ASEAN
Dispute settlement provisions	Paragraph 3: “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. 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	Schedule of Specific Commitments: Cambodia Myanmar Singapore Thailand Viet Nam
Entry Into Force Status	In Force
Source	ASEAN Secretariat
Date of Entry into Force	04/07/2008
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 March 2005.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 08/12/2022)
Brunei Darussalam	Signature 23/11/2004 Acceptance 09/03/2006
Cambodia	Signature 23/11/2004 Acceptance 19/01/2005
Indonesia	Signature 23/11/2004 Ratification 13/11/2007
Lao PDR	Signature 23/11/2004 Acceptance 24/11/2006
Malaysia	Signature 23/11/2004 Ratification 21/04/2006
Myanmar	Signature 23/11/2004 Ratification 06/06/2005
Philippines	Signature 23/11/2004 Ratification 18/04/2007
Singapore	Signature 23/11/2004 Ratification 29/04/2005
Thailand	Signature 23/11/2004 Ratification 19/09/2005
Vietnam	Signature 23/11/2004 Acceptance 10/06/2005
Related Instruments
Protocols / Amendments to this instrument	2007 Protocol to Implement the Fifth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services 2009 Protocol to Implement the Sixth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services 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 Transport Services 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
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	ASEAN Secretariat accessed on 08/12/2022
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.