2003 Protocol to Amend the ASEAN Framework Agreement on Services

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Full Title	2003 Protocol to Amend the ASEAN Framework Agreement on Services
Short Title / Abbreviations	2003 AFAS Protocol
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Economic Ministers ASEAN Free Trade Area Services
Date of Adoption	02/09/2003
Place of Adoption	Phnom Penh, Cambodia, 35th ASEAN Economic Ministers Meeting (AEM)
Issued/Adopted by	Economic Ministers of ASEAN
Dispute settlement provisions	In accordance with 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.” 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 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.
Depository	Secretary-General of ASEAN
Annexes	Interpretive Notes
Entry Into Force Status	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	31/12/2004
Entry into Force / Termination Provisions	Article 2.1: “This Protocol shall enter into force on 31 December 2004.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 06/12/2022)
Brunei Darussalam	Signature 02/09/2003
Cambodia	Ratification 30/12/2004 Signature 02/09/2003
Indonesia	Signature 02/09/2003 Ratification 13/12/2004
Lao PDR	Acceptance 24/01/2005 Signature 02/09/2003
Malaysia	Signature 02/09/2003
Myanmar	Signature 02/09/2003
Philippines	Ratification 05/08/2004 Signature 02/09/2003
Singapore	Signature 02/09/2003
Thailand	Ratification 29/11/2004 Signature 02/09/2003
Vietnam	Acceptance 20/07/2004 Signature 02/09/2003
Related Instruments
This instrument amends/supersedes	1995 ASEAN Framework Agreement on Services
Related Instruments	WTO General Agreement on Trade in Services Implementing Protocols to the ASEAN Framework Agreement on Services: 1997 Protocol to Implement the Initial 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 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 Air-Service Related Protocols: 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 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 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 2004 Protocol to Implement the Fourth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services 2007 Protocol to Implement the Fifth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services 2009 Protocol to Implement the Sixth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services 2011 Protocol to Implement the Seventh Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services 2013 Protocol to Implement the Eighth 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 2017 Protocol to Implement the Tenth Package of Commitments on Air Transport Services Under the ASEAN Framework Agreement on Services Financial Service Related Protocols: 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 2008 Protocol to Implement the Fourth 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 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 ASEAN Trade in Services Agreement
External Links	ASEAN Secretariat accessed on 06/12/2022
Additional Information	This protocol institutionalises the “ASEAN Minus X” (ASEAN-X) formula for economic cooperation with reference to the ASEAN Framework Agreement on Services. This protocol provides for for two or more Member States to proceed to negotiate liberalisation of specific sectors or sub-sectors, if other Member States are not yet prepared to enter that arrangement. Other Member States may opt to join on-going negotiations or become party to existing ASEAN-X arrangements at a later date. 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.