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. 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.” 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. 2012 ASEAN Agreement on the Free Movement of Persons . “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”). If you have written this article and are not yet registered with RePEc, we advise you to do so here. This way, you can link your profile to this item. It also allows you to accept possible quotes on this article of which we are not sure. (Institute for Economic Research for ASEAN and East Asia) This agreement partially replaces the 1995 ASEAN Framework Agreement on Mode 4 services (free movement of natural persons), in accordance with Article 6.2 of the first agreement. “1. Member States are working to resolve, through consultations, any disputes arising from the implementation of this agreement. If CitEc has recognized a reference but has not linked an element of RePEc to it, you can use this form to help you.
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