2012-MRA-on-Tourism-Professionals-Annexes-1.pdf

2012 ASEAN Mutual Recognition Arrangement on Tourism Professionals

MRA on Tourism Professionals

• ASEAN Documents
  • ASEAN Economic Community
    • ASEAN Economic Ministers
    • ASEAN Free Trade Area
    • Services
    • Tourism

Article VII ‘Dispute Settlement’:

“7.1 ASEAN Member States shall at all times endeavour to agree on the interpretation and application of this Arrangement and shall make every attempt through communication, dialogues, consultation and cooperation to arrive at a mutually satisfactory resolution of any matter than might affect the implementation of this Arrangement.

7.2 The Provision of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR on 29 November 2004, shall apply to disputes concerning the interpretation, implementation, and/or application of any of the provisions under this Arrangement.”

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).

Secretary-General of ASEAN

Appendix – ASEAN Common Competency Standards for Tourism Professionals

ASEAN Secretariat - ASEAN Legal Instruments

19/04/2016

(Entry into Force)

Article IX ‘Final Provisions’:

“9.1 Subject to Article 9.2, this Arrangement shall enter into force after all ASEAN Member States have completed and established the TPCB and NTPB or their equivalent bodies and notified the Secretary-General of ASEAN within one hundred and eighty (180) days from the date of its signing.

9.2 In the event that any ASEAN Member State has not completed and established the TPCD and NTPB or their equivalent bodies within one hundred and eighty (180) days from the date of signing, this Arrangement shall enter into force for that ASEAN Member State upon the date of notification in writing to the Secretary-General of ASEAN of the completion and establishment of the TPCB and NTPB or their equivalent bodies.”

(Termination)

Article IX ‘Final Provisions’:

“9.4 This Arrangement or part thereof shall only be terminated upon mutual agreement of the ASEAN Tourism Ministers upon recommendation of the ASEAN NTOs.”

2022 Protocol to Amend the ASEAN Mutual Recognition Arrangement on Tourism Professionals

2015 Agreement on the Establishment of the Regional Secretariat for the Implementation of the ASEAN Mutual Recognition Arrangement on Tourism Professionals

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

2002 ASEAN Tourism Agreement

1995 ASEAN Framework Agreement on Services

1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

ASEAN Secretariat accessed on 29/09/2022

Adopted by the Tourism Ministers in 2009, signed in 2012.

Note Article VI ‘Right to Regulate’:

“This Arrangement shall not reduce, eliminate or modify the rights, powers and authority of each ASEAN Member State. ASEAN Member States, however, shall undertake to exercise their regulatory powers responsibly and in good faith without creating any unnecessary barriers towards each other.”

Dates of notification given above were obtained from the ASEAN Secretariat’s Legal Instruments website and its electronic collection of instruments of notification. Some of the dates given appear to be the dates of execution of the instruments of notification, rather than their date of receipt by the depository. The ASEAN Secretariat’s Legal Instruments site states that the Arrangement entered into force on 19 April 2016, which is the date that Brunei Darussalam submitted an instrument of notification.