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Summary Information
Full Title

2006 ASEAN Mutual Recognition Arrangement on Nursing Services

Short Title / Abbreviations

MRA on Nursing Services

CIL Subject Classification
Date of Adoption 08/12/2006
Place of Adoption Cebu, the Philippines
Issued/Adopted by Economic Ministers of ASEAN
Dispute settlement provisions

Article VI ‘Dispute Settlement’:

“6.1 The following mechanism will be observed by the ASEAN Joint Coordinating Committee on Nursing in any dispute arising out of the interpretation, implementation, and/or application of this MRA: 6.1.1 A Foreign Nurse may lodge any complaint arising out of this MRA to the NRA of the Host Country;

6.1.2 If the Foreign Nurse is not satisfied with the actions or explanations of the NRA of the Host Country taken with respect to the complaint lodged, then the Foreign Nurse may contact the NRA of the Country of Origin to seek consultations with the NRA of the Host Country to resolve the dispute;

6.1.3 Any unresolved dispute arising from the consultations shall be forwarded by the NRA of either the Country of Origin or the Host Country to the ASEAN Joint Coordinating Committee on Nursing, which shall seek to resolve the dispute amicably; and

6.1.4 Any dispute concerning the interpretation, implementation, and/or application of any of the provisions under this MRA which cannot be resolved by the ASEAN Joint Coordinating Committee on Nursing shall be subject to the mechanism set out in the ASEAN Protocol on Enhanced Dispute Settlement Mechanism done at Vientiane, Lao PDR on 29 November 2004.”

Read together with Article 4.2.1.6 ‘ASEAN Joint Coordinating Committee on Nursing’:

“4.2.1 An ASEAN Joint Coordinating Committee on Nursing shall be established comprising representatives from the NRA and/or appropriate Government Agency of the participating ASEAN Member Countries to meet regularly to:

4.2.1.6 serve as an avenue to resolve amicably any disputes or issues arising out of the implementation of this MRA that is forwarded to it by any NRA of the participating ASEAN Member Country”.

 

This Arrangement 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).

Depository

Secretary-General of ASEAN

Entry Into Force Status In Force
Source

ASEAN Secretariat

Date of Entry into Force

08/12/2006

Entry into Force / Termination Provisions

Article X ‘Final Provisions’: “10.1 This MRA shall enter into force for all Member Countries on the date of signature.”

Status
ASEAN States (Source:

ASEAN Legal Instruments

as of 30/03/2020)
Brunei Darussalam Signature 08/12/2006
Cambodia Signature 08/12/2006
Indonesia Signature 08/12/2006
Lao PDR Signature 08/12/2006
Acceptance 24/05/2007
Malaysia Signature 08/12/2006
Notification 21/01/2016
Myanmar Signature 08/12/2006
Philippines Signature 08/12/2006
Ratification 26/11/2007
Singapore Signature 08/12/2006
Thailand Signature 08/12/2006
Vietnam Signature 08/12/2006
Related Instruments
This instrument amends/supersedes

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

Related Instruments

1995 ASEAN Framework Agreement on Services

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

External Links
Additional Information

Note Article VII ‘Application of the provisions of GATS and AFAS to this MRA’:

“The terms and definitions and other provisions of the GATS and AFAS shall be referred to and shall apply to matters arising under this MRA for which no specific provision has been made herein.”

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