Asean Agreement On Movement Of Natural Persons (Mnp)


2. Notwithstanding paragraph 1 of this Article, this Agreement shall apply mutatis mutandis to measures adopted or maintained pursuant to Article 22 of the CFIA (entry, temporary stay and work of investors and key personnel) concerning the free movement of natural persons from one Member State into the territory of another Member State. 2. With regard to the refusal of temporary entry or temporary stay under this Agreement, a Member State shall not have recourse to the 29th of the ASEAN Protocol on an Enhanced Dispute Settlement Mechanism and its Amendments, signed in Vientiane (LAO) on 27 November 2004, unless: (a) the matter does not involve a practice of the granting Member State; and (b) the natural persons concerned have exhausted all available domestic remedies on that particular issue. ASEAN Economy Ministers signed the Agreement on the Free Movement of Natural Persons (NPM) in 2012. It is a new instrument that could facilitate the free movement of goods, services, investment and skilled labour, thus contributing to the creation of an ASEAN internal market and production base. The purpose of this document is to assess the benefits and limitations of this new instrument. The MNP agreement is a Mode 4 independent service agreement. Actual liabilities relate to trade visitors (seven ASEAN countries or AMS), intra-group transfers (all AMS) and contractual brakes (three AMS). In general, commitments increase value added compared to previous agreements (AFAS 8 and AANZFTA) for many AMS with regard to broader sectoral coverage and/or new categories of commitments. However, the obligations are very different as regards sectoral coverage, related categories of NPMs and the length of initial periods of stay. A stand-alone NPM agreement may result in the obligations of mode 4 not corresponding to the obligations of mode 3.

In addition, the current agreement does not cover non-service sectors at all. 2012 ASEAN Convention on the Free Movement of Natural Persons Comply with Article 12 ”Comprehensive Investment Agreement with ASEAN”: 3. For greater certainty, Section B (Investment Dispute between an Investor and a Member State) of the CFIA does not apply to this Agreement. ”This Agreement shall enter into force after all Member States have notified or, where appropriate, deposited instruments of ratification with the Secretary-General of ASEAN, which shall not last more than 180 days after the signature of this Agreement.”; `1. This Agreement shall not apply to measures adopted or maintained by each Member State to the extent that they are covered by the ASEAN Investment Agreement (CFIA). The above data on ratification and accession have been extracted from the ASEAN Secretariat`s website on legal instruments and its electronic collection of instruments of ratification, accession and notification. Some of the data indicated appear to be the dates of implementation of the instruments of ratification/accession and not their date of receipt by the depositary. . . .

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