2008 Protocol to Implement the Fourth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

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Additional Annexes	2008-AFAS-FSL-4-Annex-SC.pdf
Full Title	2008 Protocol to Implement the Fourth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services
Short Title / Abbreviations	AFAS 4th Package on Financial Services/AFAS FS 4
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Free Trade Area Finance Services
Date of Adoption	04/04/2008
Place of Adoption	Da Nang, Viet Nam, 12th ASEAN Finance Ministers Meeting (AFMM)
Issued/Adopted by	Finance 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. The 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022). 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).
Annexes	Note: The text of the protocol states that the annexes to this instrument include Horizontal Commitments, Schedules of Specific Commitments, Lists of Most-Favored Nation Exemptions. However, only Horizontal Commitments and the Schedule of Specific Commitments are available on the ASEAN website.
Entry Into Force Status	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	04/07/2008
Entry into Force / Termination Provisions	Paragraph 5: “This Protocol shall enter into force ninety (90) days after the date of its signing.” Paragraph 8: “Where a Member State is unable to complete its internal procedures for the entry into force of this Protocol within 90 days from the date of its signing, the rights and obligations of that Member State under this Protocol shall commence on the first day following the date on which notification was made under paragraph 7.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 12/12/2022)
Brunei Darussalam	Signature 04/04/2008 Signature 12/01/2009
Cambodia	Signature 04/04/2008 Acceptance 25/02/2009
Indonesia	Signature 04/04/2008 Ratification 06/04/2009
Lao PDR	Signature 04/04/2008 Acceptance 23/01/2009
Malaysia	Signature 04/04/2008 Signature 09/06/2009
Myanmar	Signature 04/04/2008
Philippines	Signature 04/04/2008 Ratification 06/08/2009
Singapore	Signature 04/04/2008
Thailand	Signature 04/04/2008 Signature 21/10/2008
Vietnam	Signature 04/04/2008 Signature 12/09/2008
Related Instruments
Protocols / Amendments to this instrument	2011 Protocol to Implement the Fifth 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 2016 Protocol to Implement the Seventh Package of Commitments on Financial Services Under the ASEAN Framework Agreement on Services 2019 Protocol to Implement the Eighth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services
This instrument amends/supersedes	1995 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 2002 Protocol to Implement the Second 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
Related Instruments	WTO General Agreement on Trade in Services
External Links	ASEAN Secretariat accessed on 12/12/2022 ASEAN, Annexes accessed on 12/12/2022
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.