2010 Protocol to Implement the Eighth Package of Commitments under the ASEAN Framework Agreement on Services

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Full Title	2010 Protocol to Implement the Eighth Package of Commitments under the ASEAN Framework Agreement on Services
Short Title / Abbreviations	AFAS 8th Package of Commitments/AFAS 8
CIL Subject Classification	ASEAN Documents ASEAN Economic Community ASEAN Economic Ministers ASEAN Free Trade Area Services
Date of Adoption	28/10/2010
Place of Adoption	Ha Noi, Viet Nam, sidelines of the 17th ASEAN Summit
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. “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	Brunei Darussalam: Horizontal Commitments Schedules of Specific Commitments Most-Favoured Nation Exemptions 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: Horizontal Commitments 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	In Force
Source	ASEAN Legal Instruments
Date of Entry into Force	28/01/2011
Entry into Force / Termination Provisions	Paragraph 5: “This Protocol and the commitments set out in its Annexes shall enter into force ninety (90) days after the date of signature. Member States undertake to complete their internal procedures for the entry into force of this Protocol and its Annexes. Each Member State shall, upon the completion of its internal procedures for the entry into force of this Protocol, notify the ASEAN Secretariat in writing. Where a Member State is unable to notify the completion of its internal procedures within ninety (90) days of the date of signature, the rights and obligations of that Member State under this Protocol and its Annexes shall commence on the date on which the Member States notifies the completion of its internal procedures.” Paragraph 6: “For a Member State that is unable to submit its full commitments under the Eighth Package by the time of signing of this Protocol: (a) commitments that are submitted thereafter but before the entry into force of this Protocol and its Annexes, shall also enter into force ninety (90) days after the date of signature of this Protocol; and (b) commitments that are submitted after the entry into force of this Protocol and its Annexes shall enter into force upon their submission.”
Status
ASEAN States	(Source: ASEAN Legal Instruments as of 06/12/2022)
Brunei Darussalam	Signature 28/10/2010 Signature 24/09/2012
Cambodia	Signature 28/10/2010 Signature 26/03/2014
Indonesia	Signature 28/10/2010 Signature 07/07/2014
Lao PDR	Signature 28/10/2010 Acceptance 04/12/2015
Malaysia	Signature 28/10/2010
Myanmar	Signature 28/10/2010
Philippines	Ratification 31/01/2018 Signature 28/10/2010
Singapore	Signature 28/10/2010 Signature 13/09/2011
Thailand	Signature 28/10/2010 Signature 13/03/2013
Vietnam	Signature 28/10/2010 Signature 18/07/2012
Related Instruments
Protocols / Amendments to this instrument	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 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
Related Instruments	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
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. The ASEAN website link to the Annexes to this Protocol is no longer available at the time of this update.