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. Keywords: Movement of ASEAN natural persons; international labour mobility; Skilled worker. 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. 2. With regard to the refusal of temporary entry or stay under this Agreement, a Member State shall not have recourse to the ASEAN Protocol on the Extended Dispute Settlement Mechanism, adopted on 29 November 2004 in Vientiane (LAO) on 1 November 2004 and its amendments, except: (a) with regard to a model of behaviour of the granting Member State; and (b) the natural persons concerned have exhausted all available national remedies on that particular issue. » Note Article 12 “Relations with asean Comprehensive Investment Agreement”: Annex 1 – Commitment Regulations of the Member States Brunei Darussalam, Cambodia, Indonesia, Laos, PdR, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam This agreement partly replaces the 1995 ASEAN Framework Agreement on Services with regard to Type of Benefit 4 (Free Movement of Natural Persons) in accordance with Article 6, paragraph 2 of the First Agreement. . . .