1998 Protocol to Implement the Second Package of Commitments under the ASEAN Framework Agreement on Services

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Full Title	1998 Protocol to Implement the Second Package of Commitments under the ASEAN Framework Agreement on Services
Short Title / Abbreviations	AFAS 2nd Package of Commitments/AFAS 2
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Economic Ministers ASEAN Free Trade Area Finance Services Transport
Date of Adoption	15/12/1998
Place of Adoption	Hanoi, Vietnam, 6th ASEAN Summit
Issued/Adopted by	Economic 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. Paragraph 4: “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: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions Indonesia: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions Lao PDR: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions Malaysia: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions Myanmar: Schedules of Specific Commitments Philippines: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions Singapore: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions Thailand: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions Viet Nam: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions
Entry Into Force Status	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	08/11/1999
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 1999.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 06/12/2022)
Brunei Darussalam	Ratification 02/08/1999 Signature 16/12/1998
Cambodia	Accession 30/04/1999
Indonesia	Signature 16/12/1998 Ratification 07/12/1999
Lao PDR	Signature 16/12/1998 Acceptance 29/06/1999
Malaysia	Signature 16/12/1998 Notification 06/04/1999
Myanmar	Signature 16/12/1998 Notification 28/03/1999
Philippines	Signature 16/12/1998 Ratification 11/02/1999
Singapore	Signature 16/12/1998 Ratification 31/03/1999
Thailand	Signature 16/12/1998 Ratification 17/02/1999
Vietnam	Signature 16/12/1998 Acceptance 15/03/1999
Related Instruments
Protocols / Amendments to this instrument	2001 Protocol to Implement the Third 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 2006 Protocol to Implement the Fifth 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 2009 Protocol to Implement the Seventh 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 2015 Protocol to Implement the Ninth Package of Commitments under the ASEAN Framework Agreement on Services 2018 Protocol to Implement the Tenth Package of Commitments Under the ASEAN Framework Agreement on Services
This instrument amends/supersedes	1995 ASEAN Framework Agreement on Services 1997 Protocol to Implement the Initial Package of Commitments under the ASEAN Framework Agreement on Services
Related Instruments	2003 Protocol to Amend the ASEAN Framework Agreement on Services WTO General Agreement on Trade in Services
External Links	ASEAN Secretariat accessed on 06/12/2022 ASEAN (Annexes) accessed on 06/12/2022
Additional Information	Cambodia acceded to this Protocol pursuant to the 1999 Protocol for the Accession of the Kingdom of Cambodia to ASEAN Agreements. Commitments made in the Annexes to this Protocol are considered to include the 2nd Package of Commitments on Air Transport Services and the 1st Package of Commitments on Financial Services under the 1995 ASEAN Framework Agreement on Services. 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.