1995 ASEAN Framework Agreement on Services - Centre for International Law

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Full Title	1995 ASEAN Framework Agreement on Services
Short Title / Abbreviations	AFAS
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Economic Ministers ASEAN Free Trade Area Services
Date of Adoption	15/12/1995
Place of Adoption	Bangkok, Thailand, 5th ASEAN Summit
Issued/Adopted by	Economic Ministers of ASEAN
Dispute settlement provisions	Article VII ‘Settlement of Disputes’: “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 Agreement is 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
Entry Into Force Status	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	12/08/1998
Entry into Force / Termination Provisions	Article XIV ‘Final Provision’: “3. This Framework Agreement shall enter into force upon the deposit of instruments of ratification or acceptance by all signatory governments with the Secretary-General of ASEAN.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 06/12/2022)
Brunei Darussalam	Signature 15/12/1995 Ratification 12/08/1998
Cambodia	Accession 30/04/1999
Indonesia	Signature 15/12/1995 Ratification 30/12/1995
Lao PDR	Accession 23/07/1997
Malaysia	Signature 15/12/1995 Notification 22/03/2002
Myanmar	Accession 23/07/1997
Philippines	Signature 15/12/1995 Ratification 18/03/1996
Singapore	Signature 15/12/1995 Ratification 29/12/1995
Thailand	Signature 15/12/1995 Ratification 30/07/1997
Vietnam	Signature 15/12/1995 Acceptance 20/02/1997
Related Instruments
Protocols / Amendments to this instrument	Amendments: 2003 Protocol to Amend the ASEAN Framework Agreement on Services General Protocols: 2018 Protocol to Implement the Tenth Package of Commitments Under the ASEAN Framework Agreement on Services 2015 Protocol to Implement the Ninth Package of Commitments under the ASEAN Framework Agreement on Services 2010 Protocol to Implement the Eighth Package of Commitments under the ASEAN Framework Agreement on Services 2009 Protocol to Implement the Seventh Package of Commitments under the ASEAN Framework Agreement on Services 2007 Protocol to Implement the Sixth Package of Commitments under the ASEAN Framework Agreement on Services 2006 Protocol to Implement the Fifth Package of Commitments under the ASEAN Framework Agreement on Services 2004 Protocol to Implement the Fourth Package of Commitments under the ASEAN Framework Agreement on Services 2001 Protocol to Implement the Third Package of Commitments under the ASEAN Framework Agreement on Services 1998 Protocol to Implement the Second Package of Commitments under the ASEAN Framework Agreement on Services 1997 Protocol to Implement the Initial Package of Commitments under the ASEAN Framework Agreement on Services Air Services Protocols: 2017 Protocol to Implement the Tenth 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 2013 Protocol to Implement the Eighth Package of Commitments on Air Service Transport under the ASEAN Framework Agreement on Services 2011 Protocol to Implement the Seventh Package of Commitments on Air Service Transport under the ASEAN Framework Agreement on Services 2009 Protocol to Implement the Sixth Package of Commitments on Air Service Transport under the ASEAN Framework Agreement on Services 2007 Protocol to Implement the Fifth Package of Commitments on Air Service Transport 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 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 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 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 Financial Services Protocols: 2016 Protocol to Implement the Seventh Package of Commitments on Financial Services Under the ASEAN Framework Agreement on Services 2015 Protocol to Implement the Sixth 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 2008 Protocol to Implement the Fourth 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 2002 Protocol to Implement the Second Package of Commitments on Financial Services under the 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
This instrument amends/supersedes	1992 Framework Agreement on Enhancing ASEAN Economic Cooperation
Related Instruments	2019 ASEAN Trade in Services Agreement 2012 ASEAN Agreement on the Movement of Natural Persons 2009 ASEAN Comprehensive Investment Agreement 2004 ASEAN Framework Agreement for the Integration of Priority Sectors 2004 ASEAN Sectoral Integration Protocol for Air Travel 2000 e-ASEAN Framework Agreement 1998 ASEAN Framework Agreement on Mutual Recognition Arrangements 1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area The Following WTO Instruments were referred to in this Agreement: 1995 General Agreement on Trade in Services
External Links	ASEAN Secretariat accessed on 06/12/2022
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. ___ Note Article XIV ‘Final Provisions’: “1. The terms and definitions and other provisions of the GATS [1995 General Agreement on Trade in Services] shall be referred to and applied to matters arising under this Framework Agreement for which no specific provision has been made under it.” Note Article VIII ‘Supplementary Agreements or Arrangements’: “Schedules of specific commitments and Understandings arising from subsequent negotiations under this Framework Agreement and any other agreements or arrangements, Action Plans and Programmes arising thereunder shall form an integral part of this Framework Agreement.” Note Article IX ‘Other Agreements’: “1. This Framework Agreement or any action taken under it shall not affect the rights and obligations of the Member States under any existing agreements to which they are parties. 2. Nothing in this Framework Agreement shall affect the rights of the Member States to enter into other agreements not contrary to the principles, objectives and terms of this Framework Agreement. 3. Upon the signing of this Framework Agreement, Member States shall promptly notify the ASEAN Secretariat of any agreements pertaining to or affecting trade in services to which that Member is a signatory.”