Asean Law Reviewer 2
Asean Law Reviewer 2
Asean Law Reviewer 2
Freedom of Moveme
I. Overview of ASEAN - 1 LAURETA movement of nt of
goods, services, labour is
§ What is ASEAN? Association of Southeast Asian
Nations capital and not free.
labour. The
§ History of ASEAN
● Established on 8 August 1967 in Bangkok,
Asean
Thailand, with the signing of the ASEAN Charter
Declaration (Bangkok Declaration) by the obliges
Founding Fathers of ASEAN, namely Indonesia,
Malaysia, Philippines, Singapore and Thailand. t h e
● Brunei Darussalam then joined on 7 January 1984, member
Viet Nam on 28 July 1995, Lao PDR and Myanmar states
on 23 July 1997, and Cambodia on 30 April 1999,
making up what is today the ten Member States of only to
ASEAN. facilitate
● It was while Thailand was brokering reconciliation
t h e
among Indonesia, the Philippines and Malaysia
over certain disputes that it dawned on the four moveme
countries that the moment for regional cooperation nt
had come or the future of the region would remain
uncertain. o f
business
§ Purpose of ASEAN - see below persons,
§ What ASEAN is not: (see generally table)
§ Is it the same as the European Union? professio
No nals,
§ Is it a formal conglomeration of 10 talents
Countries? No
§ Is it an International Organization? No a n d
EU ASEAN labour.
Both are regional organisations
with legal personalities.
28 members 1 0
members Both founded to promote peace.
EU - to prevent the recurrence of
war in Europe and to
institutionalise peace through
economic integration. Asean-
create a peaceful environment in
South-east Asia so that the Asean
countries could focus their
energies on their economic
development.
Both seek to integrate the
economies of their member states
into a single market and
production platform.
Both commit to human rights. E u r o p e a n Asean
The EU has a Charter of Parliament has Inter-
Fundamental Rights and Asean the power to Parliame
has a Declaration of Human legislate, as well n t a r y
Rights. However, the EU has a as the power to Assembl
European Court of Justice. Asean veto budgets and y has
does not have a court. appointments. only the
power of
Both have concluded many free
moral
trade agreements or
suasion.
comprehensive economic
partnership agreements with P o w e r f u l Asean
other countries. secretariat called has a
the European relatively
Both hold regular political and
Commission s m a l l
economic dialogues with
a n d
important external partners. The
w e a k
EU holds annual summits with,
secretari
among others, the United States,
at
China, Japan and Russia. Asean
has created three forums to
engage its external partners,
namely, the Asean Regional
Forum, Asean Plus Three and the
East Asia Summit. In addition,
Asean holds bilateral dialogues
with its 10 dialogue partners.
Finally, Asean holds an annual
summit with the US, China,
India, Japan and South Korea.
DIFFERENCES
A supranational Inter-
organisation. governm
P o o l e d e n t a l
sovereignty organizat
exercised by ion
E u r o p e a n
Commission
Euro (19 of 28 N o
members) common
currency.
Financial
Cooperat
ion
EC acts like a Asean Decision making. Consens
government and Charter Weighted votes us. EXC:
is entitled to enter h a s economi
into treaties. The enhanced c
commission has t h e agreeme
the power to put power of nts can
f o r w a r d t h e b e
proposals for secretary adopted
legislation. -general. by a
One of majority,
his most using the
importan "Asean
t minus
responsi X "
bilities is formula.
to issue T h e
a n logic is
annual that the
report majority
card on c a n
e a c h proceed
member first and
state's t h e
complian minority
ce with w i l l
i t s catch up
obligatio later.
ns.
23 official English
languages
The ASEAN Charter entered into force on 15 December 1. prepare the meetings of the ASEAN Summit;
2008. A gathering of the ASEAN Foreign Ministers was held 2. coordinate the implementation of agreements and
at the ASEAN Secretariat in Jakarta to mark this very historic decisions of the ASEAN Summit;
occasion for ASEAN. 3. coordinate with the ASEAN Community Councils
to enhance policy coherence, efficiency and
cooperation among them;
With the entry into force of the ASEAN Charter, ASEAN
4. coordinate the reports of the ASEAN Community
will henceforth operate under a new legal framework and
Council to the ASEAN Summit;
establish a number of new organs to boost its community-
5. consider the annual report of the Secretary-General
building process.
on the work of ASEAN;
6. consider the report of the Secretary-General on the
In effect, the ASEAN Charter has become a legally binding functions and operations of the ASEAN Secretariat
agreement among the 10 ASEAN Member States. It will also and other relevant bodies;
be registered with the Secretariat of the United Nations, 7. approve the appointment and termination of the
pursuant to Article 102, Paragraph 1 of the Charter of the Deputy Secretaries-General upon the
United Nations. recommendation of the Secretary-General; and
8. undertake other tasks provided for in this Charter
or such other functions as may be assigned by the
The importance of the ASEAN Charter can be seen in the
ASEAN Summit.
following contexts:
In implementing the above-mentioned roles, the ACC is
assisted by the Joint Consultative Meeting (JCM);
● New political commitment at the top level Committee of Permanent Representatives to ASEAN (CPR);
● New and enhanced commitments ASEAN Connectivity Coordinating Committee (ACCC); and
the Initiative for ASEAN Integration (IAI) Task Force.
● New legal framework, legal personality
● New ASEAN bodies
2) ASEAN COMMUNITY COUNCILS
● Two new openly-recruited DSGs - Each shall ensure the implementation of the relevant
● More ASEAN meetings decisions of the ASEAN Summit
● More roles of ASEAN Foreign Ministers - Coordinate the work of different sectors under its
purview and on issues which cut across the other
● New and enhanced role of the Secretary-General of Community Councils
ASEAN - Submit reports and recommendations to the ASEAN
● Other new initiatives and changes Summit on matters under its purview
- Each shall meet at least twice a year and shall be
chaired by the appropriate Minister from the Member
§ Organizational structure of Secretariat, Councils, State holding the ASEAN Chairmanship
Summit i) ASEAN Political-
o Summit Security Community
- the Supreme policy-making body of ASEAN Council
- Comprise the Heads of State or Government of the ii) ASEAN Economic
Member States Community Council
- address emergency situations affecting ASEAN by taking iii) ASEAN Socio-
appropriate actions Cultural Community
- authorize the establishment and dissolution of Sectoral Council
Ministerial Bodies and other ASEAN institutions
- appoint the Secretary-General of ASEAN o Secretariat
- The Sec-Gen shall be appointed by the ASEAN provide for the possibility of expanding the composition of
Summit for a non-renewable term of 5 years, selected the ASEAN Secretariat staff by adding a clause under Article
from among nationals of the ASEAN Member States 4 “and such other officers, as the Standing Committee may
based on alphabetical rotation, with due consideration deem necessary”.
on integrity, capability and professional experience and
gender equality
3. In 1985, the tenure of office of the Secretary-General was
- Current: Lim Jock Hoi, Brunei, elected 2017
changed from 2 years to 3 years.
- Sec-Gen shall carry out the duties and responsibilities
of the high office in accordance with the provisions of
the Charter and relevant ASEAN instruments, 4. In 1989, the posts of Deputy Secretary-General and nine
protocols and established practices Assistant Directors were created.
- Facilitate and monitor progress in the implementation
of ASEAN agreements and decisions, and submit an
5. The Singapore Summit of 1992 agreed on the restructuring
annual report on the work of ASEAN to the ASEAN
of ASEAN institutions. These included (a) regularizing the
Summit
formal and informal summits, (b) the dissolution of the five
- Shall also be the Chief Administrative Officer of
ASEAN economic committees and the establishment of
ASEAN
SEOM and AFTA Council, (c) the redesignation of the
- Four Deputy Sec-Gen shall comprise: 2 serving non-
Secretary-General of the ASEAN Secretariat into the
renewable 3 years, 2 who will serve a term of 3 years
Secretary-General of ASEAN with an enlarged mandate to
which may be renewed for another 3 years
initiate, advise, coordinate and implement ASEAN activities
and (d) the professionalization of the ASEAN Secretariat
§ Agreement on the Establishment of the ASEAN
staff on the principle of open recruitment.
Secretariat http://agreement.asean.org/
media/download/20140117151823.pdf
- Signed on Feb 24, 1976, Bali 6. The Manila Protocol of 22 July 1992 implemented the
- Signed by Indonesia, Malaysia, Philippines Singapore Singapore Summit decision. The tenure of office of the
and Thailand Secretary-General was increased to five years. Changes in
- Agreed to the creation of ASEAN Secretariat the basic functions of the ASEAN Secretariat have been
- The basic mandate of the ASEAN Secretariat is “to reflected in the functions and powers of the Secretary-
provide for greater efficiency in the coordination of General, which appears as Annex B.
ASEAN organs and for more effective implementation
of ASEAN projects and activities”
7. In 1997, an additional post of Deputy Secretary-General
was created.
§ Various Protocols Amending the Agreement on
the Establishment of the ASEAN Secretariat
http://agreement.asean.org/media/ 8. The Sixth ASEAN Summit mandated the review of the
download/20140117153010.pdf overall organizational structure of ASEAN in order to further
h t t p : / / a g r e e m e n t . a s e a n . o rg / m e d i a / improve efficiency and effectiveness, taking into account the
download/20140117153205.pdf expansion of ASEAN activities, the enlargement of ASEAN
h t t p : / / a g r e e m e n t . a s e a n . o rg / m e d i a / membership, and the current regional situation. As part of
download/20140117153444.pdf this review, the Summit also decided to “review the role,
h t t p : / / a g r e e m e n t . a s e a n . o rg / m e d i a / functions and capacity of the ASEAN Secretariat to meet the
download/20140117153705.pdf increasing demands of ASEAN and to support the
h t t p : / / a g r e e m e n t . a s e a n . o rg / m e d i a / implementation of the Hanoi Plan of Action”.
download/20140117153835.pdf
9. In pursuance of this mandate, the ASEAN Standing
SUMMARY:
Committee established in September 1998 a Special
1. The ASEAN Secretariat was established on 24 February
Directors-General Working Group on the Review of the Role
1976 by the Foreign Ministers of ASEAN. The Agreement on
and Functions of the ASEAN Secretariat. To assist in the
the Establishment of the ASEAN Secretariat stated that the
review process, the ASC commissioned PriceWaterHouse
basic mandate of the ASEAN Secretariat is “to provide for
Coopers in November 1998. The ASEAN Directors-General
greater efficiency in the coordination of ASEAN organs and
considered the consultant’s Final Report in April 1999.
for more effective implementation of ASEAN projects and
activities”. The more detailed functions of the ASEAN
Secretariat were embodied in the functions and powers of the 10. While upholding the basic mandate of the Secretary-
Secretary-General (See Annex A). The ASEAN Secretariat General of ASEAN as set out in the 1992 Protocol Amending
was established with the following composition: Secretary- the Agreement on the Establishment of the ASEAN
General, three Bureau Directors, a Foreign Trade and Secretariat, the ASEAN Standing Committee agreed that the
Economic Relations Officer, an Administrative Officer, a ASEAN Secretariat should function as coordinating
Public Information Officer and an Assistant to the Secretary- Secretariat to help facilitate effective decision-making within
General. and amongst ASEAN bodies. The Secretariat would
emphasize more on substantive matter, while its tasks on
servicing the various meetings would be precisely defined.
2. Several amendments to the 1976 basic Agreement have
been made since then. The 1983 amendment was made to
11. The ASEAN Secretariat has now put in place a functional ● New and enhanced commitments
structure. One of the two Deputy Secretaries-General has ● New legal framework, legal personality
assumed the role of chief-of-staff who shall be responsible ● New ASEAN bodies
for corporate affairs to ensure efficiency in the internal ● Two new openly-recruited DSGs
management of the ASEAN Secretariat. The other Deputy ● More ASEAN meetings
Secretary-General shall serve as chief operations who will ● More roles of ASEAN Foreign Ministers
support the Secretary-General in operations and policy ● New and enhanced role of the Secretary-General of
matters. ASEAN
● Other new initiatives and changes
12. Corporate affairs shall include the following areas:
o The ASEAN Way
administration; finance and funding; human resources; public
information; information technology; and special projects. It refers to a methodology or approach to solving issues that
The operational bureaus will include the Task Force for respects the cultural norms of Southeast Asia. Masilamani
Financial Cooperation and Macroeconomic Surveillance; and Peterson summarise it as "a working process or style that
Economic and Functional Cooperation; Trade, Investment is informal and personal. Policymakers constantly utilize
and Services; and Programme Coordination and External compromise, consensus, and consultation in the informal
Relations. decision-making process... it above all prioritizes a
consensus-based, non-conflictual way of addressing
13. The measures aimed at improving internal management problems. Quiet diplomacy allows ASEAN leaders to
of the ASEAN Secretariat include (a) the formulation of communicate without bringing the discussions into the public
annual operating plans to provide a framework for view. Members avoid embarrassment that may lead to further
determining the Secretariat’s priorities and resource conflict." It has been said that the merits of the ASEAN Way
allocation decisions; (b) strengthening of corporate services, might "be usefully applied to global conflict management".
particularly in financial management, it services, and human However, critics have argued that such an approach can be
resources development; (c) considerable increase in only applied to Asian countries to specific cultural norms and
professional Locally-Recruited Staff to free senior officers’ understandings notably due to a difference in mindset and
time from administrative and secretarial tasks, enabling level of tension.
greater focus on strategic and substantive matters. Critics object claiming that the ASEAN Way's emphasis on
consultation, consensus, and non-interference, forces the
organisation to adopt only those policies which satisfy the
III. ASEAN Charter – 1 TORRES/ ZAPANTA lowest common denominator. Decision making by consensus
§ ASEAN Charter requires members to see eye-to-eye before ASEAN can move
http://agreement.asean.org/media/download/ forward on an issue. Members may not have a common
20141204151618.pdf conception of the meaning of the ASEAN Way. Myanmar,
Cambodia, and Laos emphasise non-interference while older
The ASEAN Charter serves as a firm foundation in achieving member countries focus on co-operation and co-ordination.
the ASEAN Community by providing legal status and These differences hinder efforts to find common solutions to
institutional framework for ASEAN. It also codifies ASEAN particular issues, but also make it difficult to determine when
norms, rules and values; sets clear targets for ASEAN; and collective action is appropriate in a given situation
presents accountability and compliance.
It is also the official anthem of the ASEAN.
The ASEAN Charter entered into force on 15 December
2008. A gathering of the ASEAN Foreign Ministers was held “Raise our flag high, sky high
at the ASEAN Secretariat in Jakarta to mark this very historic Embrace the pride in our heart
occasion for ASEAN. ASEAN we are bonded as one
Look-in out-ward to the world.
With the entry into force of the ASEAN Charter, ASEAN For peace, our goal from the very start
will henceforth operate under a new legal framework and And prosperity to last.
establish a number of new organs to boost its community-
building process. We dare to dream we care to share.
Together for ASEAN
we dare to dream,
In effect, the ASEAN Charter has become a legally binding we care to share for it’s the way of ASEAN.”
agreement among the 10 ASEAN Member States. It will also
be registered with the Secretariat of the United Nations,
pursuant to Article 102, Paragraph 1 of the Charter of the
United Nations.
o ASEAN as an international organization
The importance of the ASEAN Charter can be seen in the
following contexts: § Agreement on the Privileges and Immunities of the
Association of Southeast Asian Nations
● New political commitment at the top level
ASEAN and its property and assets shall enjoy mutandis to the Permanent Representatives and officials
immunity from every form of legal process except on ASEAN duties while they participate in official
when it expressly waived its immunity. It is, ASEAN activities or represent ASEAN in Member
however, understood that no waiver of immunity States, other than the host Member State.
shall extend to any measure of execution.
As of 2015,
more than
1 , 2 5 0
engineers
are recorded
within the
Integrated The stock Towards a The ASEAN
Regional exchanges of connected Highway
Financial a number of AEC - To Network is a
System - to A S E A N s t a y v i t a l
achieve a States have competitive, infrastructur
w e l l - collaborated transport e and
functioning to form the time and logistics
regional A S E A N distribution component,
financial Exchanges, costs need to w h i c h
system with promoting be reduced supports
m o r e A S E A N through t r a d e
liberalised c a p i t a l infrastructu facilitation,
financial markets and r e investment
services, offering development opportunitie
c a p i t a l m o r e as well as s and
account opportunitie efficient and tourism. The
regimes and s to investors enhanced Singapore-
inter-linked across the institutions. Kunming
c a p i t a l region. The Rail Link
markets, to A S E A N (SKRL) is a
facilitate Trading development
g r e a t e r L i n k , p r o j e c t
trade and launched in l i n k i n g
investment September ASEAN with
in the 2 0 1 2 , China over a
region. provides total length
investors of 7,000 km.
with easier W o r k
and more towards the
seamless completion
access into of such
the markets flagship
of Malaysia, infrastructur
Singapore e projects,
a n d which have
Thailand b e e n
from one identified as
single access priorities in
point. ASEAN’s
transport co-
In an effort operation,
to raise will continue
corporate after 2015.
governance
standards The ASEAN
a n d Open Skies
practices Policy was
An Inclusive To support A Globally- ASEAN has
a n d S M E s ’ engaged elevated
Participatory participation ASEAN - t h e s e
AEC for in global The region partnerships
Enterprises value chains, also seeks to by asserting
of All Sizes - ASEAN has make the its centrality
To enhance put in place most of and taking a
t h e the ASEAN trade and lead in
competitive Benchmark investment negotiations
ness and for SME links with towards the
expansion of C r e d i t m a j o r Regional
S M E s , R a t i n g regional Comprehens
particularly Methodology economies i v e
through , the SME through the Economic
improved S e r v i c e “ASEAN+1” Partnership
access to Centre, the free trade (RCEP), an
finance, ASEAN SME a n d F T A
markets, Policy Index comprehensi involving
h u m a n and the ve economic ASEAN and
resources, A S E A N partnership its six FTA
information Common agreements partners.
a n d Curriculum ( F T A s /
advisory f o r CEPs) with Starting in
services, Entrepreneu C h i n a , 2 0 1 3 ,
technology rship, among Japan, the negotiations
a n d o t h e r Republic of for this
innovation. measures. K o r e a , ASEAN-led
I n d i a , agreement
Australia are expected
and New to be
Zealand. substantially
concluded by
the end of
2015, with
f u r t h e r
technical
work to
continue
into 2016.
RCEP is
aimed at
achieving a
modern,
comprehensi
ve, high-
quality and
mutually
(g) a view towards enhanced
THANKS TO MELA AGAIN!! participation in global value
ASEAN Community Vision 2025 chains;
ASEAN Economic Community 2025 3. Enhanced connectivity and sectoral
cooperation with improvements in
General Objectives: regional frameworks, including strategic
1. Highly integrated and cohesive sectoral policies vital to the effective
regional economy that supports operationalization of the economic
sustained high economic growth by: community;
(a) increasing trade, investment, and 4. A resilient, inclusive, people-oriented
job creation; and people-centred community:
(b) improving regional capacity to (a) that engenders equitable
respond to global challenges and development and inclusive
mega trends; growth;
(c) advancing a single market (b) a community with enhanced
agenda through enhanced micro, small and medium
commitments in trade in goods, enterprise development policies
and through an effective and cooperation to narrow the
resolution of non-tariff barriers; development gaps; and
(d) deeper integration in trade in (c) a community with effective
services; and business and stakeholder
(e) a more seamless movement of engagement, sub- regional
investment, skilled labour, development cooperation and
business persons, and capital; projects, and greater economic
2. A competitive, innovative and dynamic opportunities that support
community which fosters robust poverty eradication; and
productivity growth including: 5. A global ASEAN that fosters a more
(a) through the creation and practical systematic and coherent approach:
application of knowledge, (a) towards its external economic
(b) supportive policies towards relations;
innovation, (b) a central and foremost facilitator
(c) science-based approach to green and driver of regional economic
technology and development, integration in East Asia; and
and (c) a united ASEAN with an
(d) by embracing the evolving digital enhanced role and voice in
technology; global economic fora in
(e) promotion of good governance, addressing international
transparency and responsive economic issues.
regulations;
(f) effective dispute resolution; and CHARACTERISTICS AND ELEMENTS OF
ASEAN ECONOMIC COMMUNITY BLUEPRINT
2025
A. Highly Integrated and Cohesive Economy 6. Business-friendly and innovation-
B. Competitive, Innovative and Dynamic ASEAN supportive environment
C. Enhanced Connectivity and Secotoral This is achieved through the adoption of common
Coooperation frameworks, standards and mutual cooperation in
D. Resilient, Inclusive and People-oriented, various areas, such as in agriculture and financial
people-centered ASEAN services, and in competition policy, intellectual
E. Global ASEAN property rights, consumer protection as well as
SME development.
APPLICABLE LAW
a. holding dialogues and exchange of views as
1. The arbitral tribunal shall apply the provisions of the
appropriate between their defense and military officials;
ASEAN Charter and other ASEAN instruments, as well as
applicable rules of public international law.
2. The arbitral tribunal shall apply other rules of law b. ensuring just and humane treatment of all persons
applicable to the substantive questions of the dispute or to who are either in danger or in distress;
decide a case ex aequo et bono, if so agreed by the Parties to
the dispute.
c. notifying, on a voluntary basis, other Parties
concerned of any impending joint/combined military
exercise; and
Declaration on the Conduct of Parties in the South
China Sea d. exchanging, on a voluntary basis, relevant
information.
Parties?
ASEAN and China
6. Pending a comprehensive and durable settlement of
the disputes, the Parties concerned may explore or
Declare the following:
undertake cooperative activities. These may include the
1. The Parties reaffirm their commitment to the
following:
purposes and principles of the Charter of the United
Nations, the 1982 UN Convention on the Law of the
Sea, the Treaty of Amity and Cooperation in Southeast a. marine environmental protection;
Asia, the Five Principles of Peaceful Coexistence, and
other universally recognized principles of international
b. marine scientific research;
law which shall serve as the basic norms governing
state-to-state relations;
c. safety of navigation and communication at sea;
2. The Parties are committed to exploring ways for
building trust and confidence in accordance with the d. search and rescue operation; and
above-mentioned principles and on the basis of equality
and mutual respect;
e. combating transnational crime, including but not
limited to trafficking in illicit drugs, piracy and armed
3. The Parties reaffirm their respect for and robbery at sea, and illegal traffic in arms.
commitment to the freedom of navigation in and
overflight above the South China Sea as provided for
The modalities, scope and locations, in respect of
by the universally recognized principles of international
bilateral and multilateral cooperation should be agreed
law, including the 1982 UN Convention on the Law of
upon by the Parties concerned prior to their actual
the Sea;
implementation.
Article 3 ASEAN Bodies to be Notified Done: Makati, October 8, 1998, in a single copy in the
A Member State shall notify SEOM and the ASEAN English language.
Secretariat in accordance with Article 2.
o Agreement to Establish and Implement the
Article 4 Content of Notification ASEAN Single Window
In submitting a notification, a Member State shall http://agreement.asean.org/media/download/
provide sufficient information regarding the proposed 20140119103428.pdf
action or measure to be taken, which shall include: a. a What is the ASEAN Single Window- it is the environment
description of the action or measure to be taken; b. the where National Single WIndows of Member Countrires
reasons for undertaking the action or measure; and c. the operate and integrate
intended date of implementation and the duration of the
action or measure.
Functions of the National Single Windows: The system
enables:
Article 5 Confidentiality of Notification
The contents of the notification and all information
relating to it shall be treated with confidentiality. a. A single submission of data and information
4. efficiency.
Article 2 General Definitions
PART III DEVELOPMENT OF THE ASEAN SINGLE
WINDOW
For the purposes of this Agreement:
4. Member Countries shall work in partnership with 2. This Agreement shall be deposited with the Secretary-
industries and businesses to support the establishment of General of ASEAN, who shall promptly furnish a certified
their National Single Windows. copy thereof to each Member Country.
Article 6 Technical Matters of the ASEAN Single Window Article 11 Entry into Force
Member Countries shall, by means of a Protocol to be agreed 1. This Agreement shall enter into force upon signing.
upon, adopt relevant internationally accepted standards,
procedures, documents, technical details and formalities for
2. Each Member Country shall, upon the completion of its
the effective implementation of the ASEAN Single Window.
national procedures of ratification of this Agreement, notify
the ASEAN Secretariat in writing.
PART IV IMPLEMENTATION
DONE: Kuala Lumpur, Malaysia, December 9, 2005
Article 7 Monitoring Mechanisms
1. The Ministers responsible for ASEAN economic Protocol to Establish and Implement the
integration, with the assistance of the Senior Economic ASEAN Single Window
Officials Meeting (SEOM) and the ASEAN Directors- http://agreement.asean.org/media/download/
General of Customs, shall regularly oversee, monitor, 20140119103813.pdf
coordinate and review the implementation of this Agreement.
(iii) a single
decision-making for
customs release and
clearance of cargo. A
single decision-making
shall be uniformly
interpreted as a single
point of decision for the
release of cargoes by the
Customs on the basis of
decisions, if required,
taken by Line ministries
and agencies and
communicated in a
timely manner to the
2 This Protocol shall be a To provide a legal and
. read and interpreted in . technical framework to
accordance with the establish and implement
ASW Agreement. In the the ASW and NSWs as
event of any regional commitments
inconsistency between towards the
this Protocol and the establishment of an
ASW Agreement, the ASEAN Economic
provisions of the ASW Community;
Agreement shall take
precedence. b To s t r e n g t h e n t h e
. coordination and
3 The Technical Guide of partnership among Lead
. ASW and NSWs agencies/ASEAN
Implementation is the Customs Administrations
compilation of relevant and relevant line
internationally accepted ministries and agencies
standards, procedures, and economic operators
documents, glossary, (importers, exporters,
technical details and transport operators,
formalities for the express industries,
effective implementation customs brokers,
of the ASEAN Single forwarders, commercial
Window, to be adopted banking entities and
as deemed appropriate financial institutions,
by Member Countries. It insurers, and those
constitutes the technical relevant to the
guidance of the international supply
implementation subject chain) to effectively and
to regular reviews and efficiently implement the
updates in line with new ASW;
technology and
development as deemed c To encourage
necessary by Member . participation of
Countries. The Technical economic operators to
Guide of ASW and the implementation of
NSWs Implementation the ASW and NSWs; and
(hereinafter the “ASW d To provide technical,
Te c h n i c a l G u i d e ” ) . functional and
appears as Annex 1. operational guidance for
4 The Action Plan of ASW the implementation of
. Implementation is the the ASW and NSWs in
schedule comprising Member Countries as set
activities required, as forth in the ASW
specified in Annex 2. Agreement, taking into
consideration the ASW
Technical Guide.
Article 2 Objectives
a) an obligation under this Framework Agreement Art. 2 Recognition and Eligibility of Foreign Medical
has not been fulfilled, is not being fulfilled, or may Practitioners
not be fulfilled; or
b) any objective of this Framework Agreement is Conditions:
not being achieved or may be frustrated.
● In possession of a medical qualification recognized
● Any differences between Member States by the PMRA of the Country of Origin and Host
concerning the interpretation or application of this Country.
Framework Agreement and the Sectoral MRAs ● In possession of a valid professional registration
shall, as far as possible, be settled amicably and current practising certificate to practice
between the Member States concerned or within medicine issued by the PMRA of the Country of
the relevant Joint Sectoral Committee if applicable. Origin.
If a settlement cannot be reached, thus, it shall be ● Has been in active practice as a general Medical
subjected to the Dispute Settlement Mechanism of Practitioner or specialist, as the case may be, for
ASEAN in accordance with the Protocol on not less than 5 continuous years in the Country of
Dispute Settlement Mechanism. Origin.
● In compliance with CPD at satisfactory level in
Art. 14 Technical Assistance and Funding accordance with the policy on CPD mandated by
the PMRA of the Country of Origin
● Member States shall, if requested, advise other ● Has been certified by the PMRA of the Country of
Member States, and shall grant them technical Origin of not having violated any professional or
assistance on mutually agreed terms and ethical standards, local and international, in
conditions. relation to the practice of medicine in the Country
● Member States to a Sectoral MRA may engage the of Origin and in other countries as far as the PMRA
services of Conformity Assessment Bodies of other is aware.
Member States to undertake the requisite ● Has declared that there is no investigation or legal
conformity assessment activities, should they not proceeding pending against him/her in the Country
have their own facilities to do so. of Origin or another country
● Member States shall accord priority to funding for ● In compliance with any other assessment or
activities under this Framework Agreement and the requirement as may be imposed on any such
Sectoral MRAs. applicant for registration as deemed fit by the
PMRA or other relevant authorities of the Host
Art. 15 Confidentiality Country.
Art. 3 Liberalisation