2009 ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services

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Full Title	2009 ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services
Short Title / Abbreviations	MAFLAFS
CIL Subject Classification	ASEAN Documents ASEAN Economic Community Customs ASEAN Free Trade Area Services Transport
Date of Adoption	20/05/2009
Place of Adoption	Manila, the Philippines, 7th ASEAN Transport Ministers Meeting (ATM)
Issued/Adopted by	Transport Ministers of ASEAN
Dispute settlement provisions	Article 18 ‘Settlement of Disputes’: “The provisions of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR, on 29 November 2004 and any amendment thereto, shall apply to disputes arising under this Agreement.” This Agreement 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). The 2004 Protocol applies to all other disputes.
Depository	Secretary-General of ASEAN
Annexes	References to Annexes in this instrument refer to the Annexes of the 1944 Convention on International Civil Aviation.
Entry Into Force Status	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	23/11/2009
Entry into Force / Termination Provisions	Article 20.3 ‘Final Provisions’: “This Agreement shall enter into force on the date of the deposit of the third (3^rd) Instrument of Ratification or Acceptance with the Secretary-General of ASEAN and shall become effective only among the Contracting Parties that have ratified, or accepted it.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 06/09/2022)
Brunei Darussalam	Signature 20/05/2009 Ratification 12/04/2010
Cambodia	Signature 20/05/2009 Ratification 25/05/2011
Indonesia	Signature 20/05/2009 Ratification 28/08/2015
Lao PDR	Signature 20/05/2009 Acceptance 31/03/2011
Malaysia	Signature 20/05/2009 Ratification 15/12/2009
Myanmar	Signature 20/05/2009 Ratification 25/08/2009
Philippines	Signature 20/05/2009 Ratification 19/04/2010
Singapore	Signature 20/05/2009 Ratification 23/07/2009
Thailand	Signature 20/05/2009 Ratification 23/11/2009
Vietnam	Signature 20/05/2009 Acceptance 22/12/2009
Related Instruments
Protocols / Amendments to this instrument	2009 Protocol 1 on Unlimited Third, Fourth and Fifth Freedom Traffic Rights among Designated Points in ASEAN (ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services) 2009 Protocol 2 to MAFLAFS on Unlimited Third, Fourth and Fifth Freedom Traffic Rights Among all Points with International Airports in ASEAN (ASEAN Multilateral Agreement on Full Liberalisation of Air Freight Services)
This instrument amends/supersedes	2002 ASEAN Memorandum of Understanding on Air Freight Services 2007 Protocol to amend the ASEAN Memorandum of Understanding on Air Freight Services
Related Instruments	1971 Multilateral Agreement on Commercial Rights of Non-Scheduled Air Services among the Association of South East Asian Nations Air Service Protocols of the 1995 ASEAN Framework Agreement on Services 2010 Memorandum of Understanding on the Association of Southeast Asian Nations’ Air Services Engagement with Dialogue Partners 2010 ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services 2009 ASEAN Multilateral Agreement on Air Services This instrument references the following international conventions: 1944 Convention on International Civil Aviation 1945 Charter of the United Nations 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft 1970 Convention for the Suppression of Unlawful Seizure of Aircraft 1971 Convention for the Suppression of Unlawfu l Acts Against the Safety of Civil Aviation 1982 United Nations Convention on the Law of the Sea
External Links	ASEAN Secretariat accessed on 06/09/2022
Additional Information	Note Article 19 ‘Relationship to Other Agreements’: “1. This Agreement or any actions taken thereto shall not affect the rights and obligations of the Contracting Parties under any existing agreements or international conventions to which they are also Contracting Parties, except as provided in paragraph 3 of this Article. 2. Nothing in this Agreement shall prejudice the rights or the exercise of these rights by any Contracting Party under the provisions of the United Nations Convention on the Law of the Sea of 1982, in particular with regard to freedom of the high seas, rights of innocent passage, archipelagic sea lanes passage or transit passage of ships and aircraft, and consistent with the Charter of the United Nations. 3. In the event of any inconsistency between a provision of this Agreement and a provision of any existing bilateral or multilateral air services agreement(s) (including any amendments thereto), by which two or more of the ASEAN Member States are bound or which is not covered by this Agreement, the provision which is less restrictive or more liberal or which is not covered by this Agreement, shall prevail between the said Contracting Parties. If the inconsistency concerns provisions relating to safety or aviation security, the provisions prescribing a higher or more stringent standard of safety or aviation security shall prevail to the extent of the inconsistency” — 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.