2009 Protocol 5 on Unlimited Third and Fourth Freedom Traffic Rights between ASEAN Capital Cities (ASEAN Multilateral Agreement on Air Services)

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Full Title	2009 Protocol 5 on Unlimited Third and Fourth Freedom Traffic Rights between ASEAN Capital Cities (ASEAN Multilateral Agreement on Air Services)
Short Title / Abbreviations	MAAS Protocol 5
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Free Trade Area Services Transport
Date of Adoption	20/05/2009
Place of Adoption	Manila, the Philippines
Issued/Adopted by	Transport Ministers of ASEAN
Dispute settlement provisions	Dispute settlement in accordance with the 2009 ASEAN Multilateral Agreement on Air Services: Annex II reference to this Protocol: “The Contracting Parties shall conclude the following Implementing Protocols which shall form integral parts of this Agreement.” Article 17 ‘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.” The 2009 ASEAN Multilateral Agreement on Air Services and this Protocol are ‘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
Entry Into Force Status	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	22/12/2009
Entry into Force / Termination Provisions	Article 4.3: “This Protocol shall enter into force on the date of the deposit of the third (3rd) 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. For each Contracting Party ratifying or accepting the Protocol after the deposit of the third (3rd) Instrument of Ratification or Acceptance, the Protocol shall enter into force on the date of the deposit of such Contracting Party of its Instrument of Ratification or Acceptance.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 06/09/2022)
Brunei Darussalam	Signature 20/05/2009 Ratification 30/03/2010
Cambodia	Signature 20/05/2009 Ratification 24/06/2011
Indonesia	Signature 20/05/2009 Ratification 05/06/2014
Lao PDR	Signature 20/05/2009 Acceptance 17/03/2011
Malaysia	Signature 20/05/2009 Ratification 23/01/2010
Myanmar	Signature 20/05/2009 Ratification 01/07/2011
Philippines	Signature 20/05/2009 Ratification 11/03/2016
Singapore	Signature 20/05/2009 Ratification 23/07/2009
Thailand	Signature 20/05/2009 Ratification 23/11/2009
Vietnam	Signature 20/05/2009 Acceptance 23/12/2009
Related Instruments
This instrument amends/supersedes	2009 ASEAN Multilateral Agreement on Air Services
Related Instruments	2009 Protocol 1 on Unlimited Third and Fourth Freedom Traffic Rights Within the ASEAN Sub-Region 2009 Protocol 2 on Unlimited Fifth Freedom Traffic Rights Within the ASEAN Sub-Region 2009 Protocol 3 on Unlimited Third and Fourth Freedom Traffic Rights between the ASEAN Sub-Regions 2009 Protocol 4 on Unlimited Fifth Freedom Traffic Rights between the ASEAN Sub-Regions 2009 Protocol 6 on Unlimited Fifth Freedom Traffic Rights between ASEAN Capital Cities Air services protocols to the 1995 ASEAN Framework Agreement on Services 2009 ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services 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) 2010 ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air Services 2010 Protocol 1 on Unlimited Third and Fourth Freedom Traffic Rights between any ASEAN Cities (ASEAN Multilateral Agreement on Full Liberalisation of Passenger Air Services) 2010 Memorandum of Understanding on the Association of Southeast Asian Nations’ Air Services Engagement with Dialogue Partners
External Links	ASEAN Secretariat accessed on 06/09/2022
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.