ASEAN economic ministers signed the Agreement on the Free Movement of Persons (MNP) in 2012. It is a new instrument that could facilitate the free movement of goods, services, investment and skilled workers, thus contributing to the creation of an ASEAN internal market and production base. The aim of this document is to assess the benefits and limitations of this new instrument. The MNP agreement is an independent mode 4 service agreement. Effective commitments concern business visitors (seven ASEAN or AMS Member States), group deployed (all AMS) and contract service providers (3 AMS). In general, for many AMS, commitments add value to previous agreements (i.e. AFAS 8 and AANZFTA) for broader sector coverage and/or new categories of commitments. However, commitments vary considerably from country to country in terms of sector coverage, related categories of NPM and length of initial periods of residence. A stand-alone MNP agreement can lead to Mode 4 bonds incompatible with mode 3 bonds. In addition, the current agreement does not apply at all to non-service sectors. 2.
Notwithstanding paragraph 1 of this article, this agreement applies mutatis mutandis to measures adopted or maintained under Article 22 of the CFIA (Entry, Temporary Stay and Work of Investors and Key Personnel) affecting the movements of individuals from one Member State to the territory of another Member State. 2. A Member State does not use the ASEAN Protocol on the Enhanced Dispute Settlement Mechanism signed in Vientiane (PDR Lao), signed on 29 November 2004, and its amendments with regard to the refusal of temporary entry or temporary residence under this Convention, unless: (a) the case involves a model of practice of the octigating Member State; and b) the individuals concerned have exhausted all available home remedies in this particular case. » « This agreement enters into force after all Member States have notified or filed ratification instruments with the ASEAN Secretary-General, which does not take more than 180 days from the signing of this agreement. » « 1. This agreement does not apply to measures adopted or maintained by each Member State to the extent that they are covered by the ASEAN Convention on Large-scale Investments (« CFIA »). Note Article 12 « Relationship with the ASEAN Global Investment Agreement »: 3. For better security, Section B (investment dispute between an investor and a Member State) of the CFIA does not apply to this agreement. » Brunei Darussalam, Cambodia, Indonesia, Lao, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam The above ratification and accession dates were accessed from the ASEAN Legal Instruments Secretariat website and its electronic collection of ratification, accession and notification instruments. Some of the dates indicated appear to be the dates for the implementation of the ratification and accession instruments and not their date of receipt by the custodian. « 1.
Member States are working to resolve, through consultations, any disputes arising from the implementation of this agreement. 2012 ASEAN Agreement on the Free Movement of Persons Appendix 1 – List of Member States` Commitments This agreement partly replaces the 1995 ASEAN Framework Agreement on Fashion Services 4 (free movement of individuals), in accordance with Article 6.2 of the agreement.
