2004 Protocol to Implement the Fourth Package of Commitments under the ASEAN Framework Agreement on Services

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Full Title	2004 Protocol to Implement the Fourth Package of Commitments under the ASEAN Framework Agreement on Services
Short Title / Abbreviations	AFAS 4th Package of Commitments/AFAS 4
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Economic Ministers ASEAN Free Trade Area Services
Date of Adoption	03/09/2004
Place of Adoption	Jakarta, Indonesia, 36^th ASEAN Economic Ministers (AEM) Meeting
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	Attachment I: Coverage of the ICT and Telecommunication Services Sector Annexes: Brunei Darussalam: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions Cambodia: Horizontal Commitments Schedules of Specific Commitments 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	Not In Force
Source	ASEAN Legal Instruments
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 2005.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 06/12/2022)
Brunei Darussalam	Signature 03/09/2004 Ratification 09/11/2006
Cambodia	Signature 03/09/2004 Signature 26/03/2014
Indonesia	Signature 03/09/2004 Ratification 08/09/2008
Lao PDR	Signature 03/09/2004 Acceptance 14/10/2008
Malaysia	Signature 03/09/2004
Myanmar	Signature 03/09/2004
Philippines	Ratification 31/01/2018 Signature 03/09/2004
Singapore	Signature 03/09/2004 Ratification 14/06/2005
Thailand	Signature 03/09/2004 Ratification 06/10/2005
Vietnam	Signature 03/09/2004 Acceptance 05/01/2005
Related Instruments
Protocols / Amendments to this instrument	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 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
Related Instruments	2019 ASEAN Trade in Services Agreement 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	Some of the dates of deposit indicated above are reflected by the ASEAN Secretariat as the date of correspondence from the member state rather than the date of receipt of the instrument by the secretariat.