Công văn 7465/BKHĐT-KTDV 2022 triển khai kết quả phiên họp lần thứ 102 của Ủy ban điều phối ASEAN về dịch vụ (CCS 102)

CCS 102

REPORT OF THE 102^ND MEETING OF THE ASEAN COORDINATING COMMITTEE ON SERVICES (102^ND CCS)

28 - 30 September 2022, Pasay City, Metro Manila, Philippines

INTRODUCTION

1. The 102^nd Meeting of the ASEAN Coordinating Committee on Services (CCS) was held on 28 - 30 September 2022 In Pasay City, Metro Manila, Philippines.

2. The Meeting was attended physically by representatives from all ASEAN Member States (AMS), except for Myanmar and Thailand who attended the meeting virtually, staff members of the ASEAN Secretariat were also in attendance. The list of delegates appears as ANNEX 1.

3. The CCS Meeting was chaired by Ms. Wan Wadrina Wan Abdul Wahab, Director of ASEAN Economic Integration Division, Ministry of International Trade & Industry (MITI) of Malaysia.

AGENDA ITEM 1     ADOPTION OF THE AGENDA

4. CCS adopted its revised agenda, which appears as ANNEX 2.

AGENDA ITEM 2            BUSINESS ARRANGEMENTS

5. The CCS Meeting was held back-to-back with the meetings of its Sectoral Working Groups, MRA-related Committees and Technical Working Groups held over the period of 26 - 30 September 2022 with the following arrangement:

a) CCS Leads met on 28 - 30 September 2022;

b) Business Services Sectoral Working Group (BSSWG) and Healthcare Services Sectoral Working Group (HSSWG) met on 29 September 2022, while Logistics and Transport Services Sectoral Working Group (LTSSWG) met on 28 September 2022;

c) ASEAN Chartered Professional Engineers Coordinating Committee (ACPECC), ASEAN Architect Council (AAC), ASEAN Chartered Professional Accountant Coordinating Committee (ACPACC) and the ASEAN Competent Authority Committee on Surveying (ACACS) met on 27 September 2022, preceded by the roundtables of ACPECC, ACPACC and ACACS on 26, 26, and 27 September 2022, respectively;

d) ASEAN Architect Education Committee (AAEC) and Technical Working Group on Mobility of ASEAN Engineers (TWG-MAE) met on 26 September 2022;

e) ASEAN Joint Coordinating Committee on Dental Practitioners (AJCCD), ASEAN Joint Coordinating Committee on Medical Practitioners (AJCCM) and ASEAN Joint Coordinating Committee on Nursing (AJCCN) met on 28 September 2022; and

f) Technical Working Group on e-Healthcare Services (TWG-eHS) and Technical Working Group on ASEAN Dental Education (TWG-ADE) met on 26 September 2022.

The programme of activities of all CCS-related meetings appears as ANNEX 3.

AGENDA ITEM 3: SERVICES-RELATED OUTCOMES OF THE MEETINGS OF HIGHER ASEAN BODIES

6. CCS noted the services-related outcomes of the meetings of the following higher ASEAN bodies which were held since the previous 101^st CCS meeting, as summarised In the ASEAN Secretariat paper which appears as ANNEX 4:

a) EO 5/22, 24 May 2022, ASEAN Secretariat, Hybrid;

b) SEOM 2/53, 6-10 June 2022, ASEAN Secretariat, Hybrid;

c) EO 6/22, 28 June 2022, Video Conference;

d) EO 7/22, 30 July 2022, Siem Reap, Cambodia;

e) SEOM 3/53, 1-3 August 2022, Siem Reap, Cambodia;

f) 42^nd HLTF-EI, 18 - 19 August 2022, Siem Reap, Cambodia; and

g) 54^th AEM, 15 September 2022, Siem Reap, Cambodia.

7. Cambodia added that in addition to the completion of two of its 2022 Priority Economic Deliverables (PEDs) on (i) launch of the ATIGA upgrade negotiation and (ii) the endorsement of the Work Programme to Support Implementation of the Framework for Circular Economy, the 54^th AEM itself also completed two more PEDs through (i) endorsement of the Policy Toolkit: Integrating Provisions Focused on Women Entrepreneurship In ASEAN MSME Policies and (ii) launch of the negotiations for ASEAN Framework Agreement on Competition (AFAC). Furthermore, it was noted that even the outstanding issue for the PED on the MNP Protocol was settled during the Prep-SEOM for this 54^th AEM.

AGENDA ITEM 4: RATIFICATION OF CCS-RELATED AGREEMENTS

8. CCS noted that since the last meeting there was submission of instrument of ratifications for the Protocol to Implement the 10th Package of Commitments under the ASEAN Framework Agreement on Services (AFAS) were received from Indonesia and Myanmar, whereas for the ASEAN Trade in Services Agreement (ATISA) instrument of ratification were received from Myanmar. These instruments jointly appear as ANNEX 5. The updated status of ratification of the various agreements under the purview of CCS, hyperlinked to https://agreement.asean.org.appears as ANNEX 6.

9. Cambodia, Indonesia and the Philippines updated CCS on the latest status of their ratification processes. Cambodia’s ratification of the ATISA requires translation of the ATISA text into the Khmer language, and expected its ratification to be completed by 2023. Indonesia is in the last stage of ratification, pending signing by four Ministers, before signing by the President, expected within the year. The Philippines is re-starting its ratification process following its new administration, and is undertaking its inter-agency consultations together with its AFAS 10 Package, expected for completion by 2023.

10. CCS urged them to expedite their ratification process as soon as possible, given the pressing timeline for ASEAN to transition AFAS into the ATISA schedules.

Action: the Philippines (for AFAS 10)

Action: Cambodia, Indonesia, and the Philippines (for ATISA)

AGENDA ITEM 5: LIBERALISATION OF TRADE IN SERVICES

5.1 10^th AFAS Package

11. The Philippines briefed the CCS that it is still consulting with its related agencies in finalising Its 10th AFAS Package, particularly on some policy issues given the recent changes in legislation. Thereafter, upon completion of technical consultations with the ASEAN Secretariat, its Schedules of Commitment (SOC) will be shared with other AMS for cross-verification before finalising Its SOC.

Action: the Philippines

5.2 Notification of AFAS to the WTO

12. Pursuant to the decision of the previous meeting, CCS noted the letter from the CCS Chair to the WC-FSL Co-Chairs and the ATWG Chair seeking for their views and guidance on the notification of the AFAS packages in financial and air transport services to the WTO, which appears as ANNEX 7.

13. Following from this letter, CCS noted the responses from the WC-FSL agreeing to notify the 7th AFAS package for financial services, and from the ATWG agreeing to notify up to the 8^th AFAS package on air transport services, taking into account the current status of signing and ratification of their later AFAS packages. Their letters jointly appear as ANNEX 8. An updated WTO notification form following from this update appears as ANNEX 9.

14. CCS requested AMS to undertake domestic consultations on the updated WTO notification form by 30 November 2022. Thereafter, the CCS Chair with the assistance from the ASEAN Secretariat will write to ASEAN Committee in Geneva (ACG) seeking for their assistance and coordination to consult the WTO Secretariat in initiating the formal notification process.

Action: AMS. CCS Chair. ASEAN Secretariat

15. Noting that the AFAS Packages to be notified for financial and air transport services are not their respective final packages, hence requiring subsequent notification processes, CCS agreed for the CCS Chair to write to WC-FSL and ATWG seeking for their views on whether they will undertake their own notification processes or whether they will seek for CCS’ assistance for this notification process.

Action: CCS Chain, ASEAN Secretariat

5.3 ASEAN Trade in Services Agreement (ATISA)

16. CCS noted the updated position of AMS on ratchet obligation under the ATISA, as well as the updated position of AMS on the Proposed Common Template and ATISA Work Plan, which jointly appear as ANNEX 10.

17. The ASEAN Secretariat’s Legal Services and Agreements Directorate (LSAD) briefed CCS on the requested legal advice on the grace period for ratchet application and on the operationalisation of transition timelines under the ATISA, which appears as ANNEX 11. CCS thanked LSAD for its legal advice and requested each AMS to undertake further domestic consultations on this advice, particularly pertaining to the procedures or instruments to formalise the submission of ATISA Schedules of Non- Conforming Measures (NCMs), and provide their responses through a matrix which appears as ANNEX 12. CCS affirmed that the ATISA should not fall behind other ASEAN plus one or regional FTAs.

Action: AMS

18. With regards to the transition process, CCS affirmed that AMS will submit their NCMs by the transition timelines as stated under the ATISA, but noted that some AMS may wish to submit their draft NCMs ahead of time. Given that the Agreement provides for different submission timelines, the CCS Chair will work with the ASEAN Secretariat in coming up with a non-paper outlining the more general steps that AMS would need to take in meeting their respective transition timelines.

Action: CCS Chair, ASEAN Secretariat

19. Common Template and Common Headnote. CCS discussed the updated draft template for the common template and common headnote for scheduling ATISA NCMs as prepared by the ASEAN Secretariat based on inputs received from AMS since the last meeting, mainly the separation of common headnotes for Annex I and Annex II and inclusion of "Level of Government”, which appears as ANNEX 13.

20. CCS requested AMS to consult on the revised template for adoption at the next meeting. CCS also noted that the view that possible adjustments may be made by AMS when there are country-specific situations that need to be reflected in the template as well as headnotes.

Action: AMS

5.4  Financial and Air Transport Services

21. CCS noted the latest developments in the liberalisation of financial services and air transport services, as highlighted in the ASEAN Secretariat’s information paper which appears as ANNEX 14.

22. CCS requested the ASEAN Secretariat to discuss with its WCFSL counterparts on the current status of work of WC-FSL in transposing AFAS into ATISA NCM, and alert them on the ongoing CCS discussions on the issues of template, ratchet, work planning, legal instrument, etc. which may affect the eventual scheduling of the NCMs.

Action: ASEAN Secretariat

5.5 ASEAN Services Facilitation Framework (ASFF)

23. CCS discussed the draft text of the ASFF as prepared by the ASEAN Secretariat based on the request of the previous CCS meetings, which appears as ANNEX 15. AMS expressed their initial views on the draft, including on the potential of ASFF to be a flexible structure that deepens regional services cooperation and advances regional connectivity, the ability for the ASFF to enable ASEAN to demonstrate leadership and contribute to advancing multilateral efforts on services integration, to address servicification, to respond to the recommendations from the AEC Blueprint Mid-Term Review (MTR), and to look into whether the ASFF could affect the scheduling of AMS’ ATISA NCMs.

24. CCS noted that the ASFF is likely to become one of the Indonesia’s potential Priority Economic Deliverables (PEDs) for its ASEAN Chairmanship in 2023. CCS requested AMS to undertake domestic consultations on the draft text and provide their inputs intersessionally for discussions at the next meeting. Where relevant, AMS may propose additional text, including on how to engage the private sector by reimagining interactions with the private sector through the Sectoral Working Groups. In addition, CCS also requested AMS to provide their views on the legal stature of the ASFF (noting that some of the texts are taken or modified from several legally-binding agreements) as well as the preferred mode of operationalising it (e.g. through endorsement/adoption or signing) through a matrix which appears as ANNEX 16.

Action: AMS

AGENDA ITEM 6 ASEAN AGREEMENT ON MOVEMENT OF NATURAL PERSONS (MNP)

25. CCS noted the outcomes from the 54^th AEM related to the MNP issue, namely resolution of the text of the Protocol to Amend the ASEAN MNP Agreement, with the CCS being tasked to initiate the discussion to develop a Future Work Program on MNP after the Protocol is signed. With this development, all AMS were called to complete their domestic processes for signing of the Protocol and ensure timely submission of their instruments of full powers to sign the Protocol to the ASEAN Secretariat within this year.

Action: AMS

26. With regard to the Schedules of Commitments (SOCs), the Philippines informed that given the change in approving authorities, there is some delay in getting endorsement of its SOC. The Philippines indicated that it will share an unofficial version for other AMS’ reference soon after this meeting, which shall not be different in substance from the eventual official version, if any. The Philippines will submit its official soc as soon as possible before the upcoming 21^st AEC Council meeting.

Action: the Philippines

27. With regard to the SOCs of the other 9 AMS, which appears as ANNEX 17 Including a recent minor editorial correction from Brunei Darussalam, Singapore recalled its previous input highlighting the differences between AMS’ final MNP SOC submissions and those discussed during the legal scrubbing session. Singapore stated that it can accept the other AMS’ responses to the outstanding legal scrubbing issues, appearing as ANNEX 18, as long as there is a common understanding that these do not present back-tracking and are consistent with their commitments under the Agreement. CCS confirmed its common understanding on this matter.

28. CCS affirmed that this PED can be considered as completed, subject to completion of signing of the Protocol by all AMS. AMS were requested to indicate their preferred event or approach of signing (e.g. ad-ref), which shall be provided by 7 October 2022 through a matrix that appears as ANNEX 19.

Action: AMS

29. The target date for the signing of the Protocol shall be during the 21^st AEC Council meeting scheduled in November 2022, and that the signatories remain with the AEM. Given that Indonesia’s AEC Council Minister is not the AEM Minister, Indonesia prefers signing the Protocol ad-referendum. CCS further agreed that the date and venue of the signing of the Protocol shall be the date and venue of the last signing of the Protocol.

AGENDA ITEM 7   ASEAN COMPREHENSIVE RECOVERY FRAMEWORK (ACRF)

30. CCS noted the latest status of implementation of ASEAN Comprehensive Recovery Framework (ACRF) initiatives under the purview of the CCS, which appears as ANNEX 20. CCS further noted that for the three initiatives lead by SOMHD (1b.2, 1d.1 and 4b.8), the completion of these initiatives remains in the hand of the SOMHD. Nonetheless, the HSSWG and its AJCCs had been proactive in initiating coordination process as well as in transmitting their experience sharing to the SOMHD side.

AGENDA ITEM 8         RECOMMENDATIONS OF THE MID-TERM REVIEW OF THE AEC BLUEPRINT

31. CCS noted the updated status of the recommendations of the Internal Report of the Mid-Term Review (MTR) of the AEC Blueprint related to the CCS, which appears as ANNEX 21. There is no further input from AMS on Chair’s recommendations, other than those from Malaysia and Singapore as conveyed at the previous CCS meeting.

32. CCS agreed that this document could serve as reference for AMS to identify the Priority Economic Deliverables (PED), Annual Priorities (AP) or future workplan such as post-2025 initiatives of the CCS.

AGENDA ITEM 9         CCS WORK PROGRAMME 2025

33. CCS noted the latest status of CCS Annual Priorities, unimplemented measures from the Strategic Action Plan (SAP) for Services 2016-2025, and CCS-related initiatives of the ACRF up to 2025, incorporating Chair’s proposal tabled at the previous meeting, which appears as ANNEX 22.

34. On CCS-CCI joint session, CCS noted the value of continuing engagement with CCI, especially in preparation for the ATISA NCM schedules. The joint session could also be utilised to explore joint activities to promote investment in services sectors.

35. On the way forward for MNP, CCS noted the mandate to look into MNP Work Programme after the Protocol is signed. The Philippines indicated that it will work with the ASEAN Secretariat on a non-paper on the elements of the Work Programme. CCS discussed that MNP Work Programme provisions could be included under the ASFF which Is likely to be a 2023 PED.

Action: the Philippines and ASEAN Secretariat

36. CCS also discussed the possibility for the Work Programme including other potential initiatives and schemes to facilitate mobility of people, such as through enhancement of the MRAs, visa cooperation, exploring an ASEAN-wide visa application portal, or an ASEAN platform to bridge the supply and demand gaps of services professions, which ASEAN professionals could refer to for job opportunities within the region.

AGENDA ITEM 10   CONSIDERATION OF REPORTS OF THE SECTORAL WORKING GROUPS AND THE MUTUAL RECOGNITION ARRANGEMENT (MRA) IMPLEMENTING COMMITTEES

10.1 Business Services

37. CCS considered and discussed the report of the Business Services Sectoral Working Group (BSSWG), which appears as ANNEX 23. Along with this, CCS also noted the outcome of the meetings of all the MRA committees and subsidiary bodies under the BSSWG that met back-to-back with this CCS meeting:

a) 47^th Meeting of ASEAN Chartered Professional Engineers Coordinating Committee (ACPECC) including the 7^th Meeting of the Technical Working Group on Mobility of ASEAN Engineer (TWG-MAE);

b) 43^rd Meeting of the ASEAN Architect Council (AAC) including the 30^th Meeting of the ASEAN Architect Education Committee (AAEC);

c) 19^th Meeting of ASEAN Chartered Professional Accountant Coordinating Committee (ACPACC); and

d) 4^th Meeting of the ASEAN Competent Authority Committee on Surveying (ACACS)

The Reports of the meetings of these MRA committees appear as ANNEXES 24, 25, 26, and 27, respectively.

38. CCS highlighted that issue of mobility has become Increasingly important in not only CCS discussions but also in other Sectoral Working Groups. Given that MRA as well as MNP agreement have different roles and thus limitations in their impact on mobility, it was highlighted that a different way of doing things may need to be explored by the related stakeholders.

39. With regard to the reduced number of years of experience requirement under the existing MRA on Architectural Services for registration as ASEAN Architect (AA), CCS noted that this amendment may be made administratively as the change is not significant enough to be elevated to SEOM and AEM. CCS also viewed that the MRA shall be facultative in promoting mobility, and encouraged BSSWG to consider developing criteria for future modifications of their MRAs that may be implemented administratively, including through outreach to the stakeholders on the changes, rather than through amendments to legal instruments. Given that there are relevant discussions which may require amendments to other MRAs, CCS requested the ASEAN Secretariat to provide brief information paper on past precedences of changes in ASEAN MRA practices, for further discussion of BSSWG and CCS. before final decision is made on this issue at the next meeting.

Action: BSSWG, ASEAN Secretariat

40. With regard to BSSWG’s request for meeting with ERIA on Its study on Supply and Demand of Professional Services in ASEAN, CCS noted that ERIA could be inquired on their availability to discuss with BSSWG intersessionally, tentatively in November 2022, to clear up the data and discuss additional inputs.

41. With regard to the suggestion for CCS to have joint discussion with DGICM to discuss facilitate the mobility of ASEAN professionals recognised under the MRAs, the CCS Chair will write to DGICM on a possibility for a joint session.

Action: CCS Chair, ASEAN Secretariat

10.2  Healthcare Services

42. CCS considered and discussed the report of the 53rd meeting of the Healthcare Services Sectoral Working Group (HSSWG), which appears as ANNEX 28. Along with this, CCS also noted the reports of the meetings of all the ASEAN Joint Coordinating Committees and the subsidiary bodies under the HSSWG that met back- to-back with this CCS meeting:

a) 34^th Meeting of ASEAN Joint Coordinating Committee on Nursing (AJCCN);

b) 30^th Meeting of ASEAN Joint Coordinating Committee on Medical Practitioners (AJCCM);

c) 29^th Meeting of ASEAN Joint Coordinating Committee on Dental Practitioners (AJCCD), including the 10^th Meeting of the Technical Working Group on ASEAN Dental Education (TWG-ADE); and

d) 5^th Meeting of the Technical Working Group on eHealthcare Services (TWG-eHS)

The Reports of the Meetings of these ASEAN Joint Coordinating Committees appear as ANNEXES 29, 30, 31, and 32, respectively.

43. CCS commended the works done by the HSSWG and its subsidiaries in moving forward the implementation of healthcare MRAs and initiatives under the AEC Blueprint. Mobility has been the key focus of CCS work especially during the pandemic where many countries faced challenges of health professionals’ shortage. The recent ERIA study showed this issue could potentially be resolved within the region, noting there are AMS with surpluses in health professionals. CCS encouraged HSSWG to look into this and identify ways for AMS to complement each other and close the gaps. CCS also noted that HSSWG-Philippines will organise a workshop in 2023 to assist the AJCCs in assessing mobility mechanism, and the above issue can be one of the topics discussed in the workshop.

Action: HSSWG

44. CCS noted Indonesia’s proposal for HSSWG to also consider conducting seminars or workshops to share experience and views on government procurement related to healthcare sector which will contribute to AEC Blueprint 2025 strategic measure 108.1 (Promote PPP investments in the provision of universal healthcare) and also to explore common definition of universal healthcare which will help the discussions for measure 108.2 (Consider further liberalisation of healthcare services sectors with more emphasis on provision of universal healthcare).

45. CCS highlighted the importance to keep the information in the ASEAN Healthcare Services Website updated, noting the website is very useful to facilitate mobility of health professionals by providing relevant regulations and procedures for mobility across the region. Furthermore, following from the pandemic, the telemedicine and eHealthcare services are becoming more prominent, and the TWG-eHS could be the platform for ASEAN to identify best practices and strengthen cooperation among AMS in this area.

46. On the work programme of TWG-ADE, CCS noted there are activities that go beyond 2025 and requested TWG-ADE to identify recommendations for AJCCD’s consideration on the mobility mechanism. In relation to this, CCS also requested HSSWG and its subgroups to review their workplans and identify post-2025 activities that will contribute to their respective mandates.

Action: HSSWG, TWG-ADE

10.3  Logistic and Transport Services Sectoral Working Group (LTSSWG)

47. CCS considered and discussed the report of the 32^nd meeting of the Logistic and Transport Services Sectoral Working Group (LTSSWG), which appears as ANNEX 33.

48. The LTSSWG Chair, who is also Cambodia’s Lead for Senior Transport Official Meeting (STOM), commended the active participation of AMS and the valuable information exchanged at this meeting. He highlighted on the importance of logistics sector in facilitating trade, boosting investments and contributing to economic growth.

49. CCS welcomed the progress made and active participation of LTSSWG members. LTSSWG’s initiative to publish policy measures on the website is useful for the business and could contribute to CCS-OECD collaboration in developing the ASEAN STRI. CCS look forward to collaborative activities at SEOM/STOM level to enhance ASEAN integration in the logistics sector.

AGENDA ITEM 10   TECHNICAL COOPERATION AND ASSISTANCE

10.1  CCS-Japan/ERIA Consultations

50. Dr. Intan Murnlra Ramil from the Economic Research Institute for ASEAN and East Asia (ERIA) briefed CCS on the final report of its study on supply and demand of professional services in ASEAN, as well as the report of the implementation of the “Making ASEAN Trade in Services 4.0” project, which jointly appear as ANNEX 34.

51. Study on Supply and Demand of Professional Services in ASEAN. CCS expressed appreciation to ERIA for the comprehensive and useful study, and noted that the findings of the study can feed into CCS discussions on facilitating mobility of professionals in the region, as well as possibility to streamline the structure and meetings of Its MRA bodies as will be discussed under agenda item 13.2 below.

52. Making ASEAN Trade in Services 4.0. CCS noted that the first series of the 5-full-day trainings under this “Making ASEAN Trade in Services 4.0” project, focusing on reinvigoration programme for existing professionals for engineers and architects, were successfully conducted on 19-23 September 2022 in Jakarta, Indonesia. The agenda of this training appears as ANNEX 35. CCS thanked ERIA for its continuing support and technical assistance activities extended to AMS.

53. ERIA expressed its commitment to continue supporting this project through undertaking the second training for 2023, and in this context requested CCS to indicate the possible dates for the training, as well as in nominating the young professionals from each AMS to participate in the training.

Action: CCS

54. Next Steps. CCS discussed the other possible follow-ups to the study and 4IR trainings, especially on (i) improving database of professionals with more details which can be regularly shared to the public; (ii) for ERIA to look into policy barriers in implementing MNP Agreement to facilitate mobility of people; and/or (iii) for ERIA to undertake further study on servicification. In this context, CCS requested AMS to indicate their preference, priorities or inputs for the above-listed possible activities by 30 November 2022 through a matrix which appears as ANNEX 36.

Action: AMS

55. On the above-mentioned possible studies, ERIA indicated its readiness to support once there is a formal request for the studies.

10.2  Technical Assistance to Timor Leste

56. CCS noted that Timor Leste participated in the above-discussed “Making ASEAN Trade in Services 4.0” reinvigoration programme held on 19-23 September 2022 in Jakarta, Indonesia.

11.3  Services Trade Restrictiveness Index (STRI)

57. Mr. John Drummond and Mr. Janos Ferencz from the Trade in Services Division of the OECD presented to CCS virtually on the progress and initial findings of the STRI exercise, which appears as ANNEX 37. They also invited CCS members to a workshop on STRI for trade negotiators and economists to be held on 13-14 October 2022. The agenda of the workshop appears as ANNEX 38. OECD indicated a possibility of coming in person to the next CCS meeting.

58. The Meeting shared the view on the usefulness of STRI to support various policy initiatives of the governments including on the issues of sustainability, services facilitation, and deregulating the barriers to services trade. In this context, ASEAN informed the OECD on its ongoing initiative to develop an ASEAN Services Facilitation Framework (ASFF) to enable ASEAN to seize new and emerging trends, for which the STRI can contribute to this endeavour. The Meeting also recognised the growing importance of the logistics sector as well as servicification in the wake of the pandemic, which contribute to improvement to economic competitiveness and global supply chain.

59. The Meeting also recognised the importance of capacity building on STRI as well as on how the OECD countries make their policies in the services sector. In this context, the Meeting encouraged AMS to join the STRl workshop in October 2022 mentioned above in order to understand better on how to use STRl to support ASEAN initiatives. CCS also encouraged OECD to conduct more workshops in the ASEAN region, ideally back-to-back with the CCS meetings.

60. On the possible expansion of the ASEAN STRI exercise beyond the current 4 sectors, CCS indicated that it will provide ASEAN response intersessionally to OECD, including the exact technical assistance needed.

Action: CCS

61. Following the session with the OECD, CCS requested AMS to provide their responses by 30 November 2022 on their positions on the following items as discussed during CCS 100 meeting, through a matrix which re-appears as ANNEX 39:

a) Comments or Inputs on OECD’s draft report;

b) Preference to expand the ASEAN-STRI scope to cover all 22 major services subsectors or only a number identified subsectors;

c) Next initiatives to be pursued with the OECD.

AGENDA ITEM 12  ASEAN FREE TRADE AREAS IN SERVICES

62. CCS noted the latest development of services elements in Free Trade Area negotiations with ASEAN Dialogue Partners since the last CCS meeting, as highlighted In the ASEAN Secretariat information paper which appears as ANNEX 40.

AGENDA ITEM 13 OTHER MATTERS

13.2  CCS Chairmanship

63. CCS confirmed that Indonesia will assume Chairmanship of the CCS for 2023. AMS expressed their support to Indonesia for its Chairmanship, as well as for its proposed PED on finalising or substantial conclusion of the ASFF.

13.2  Streamlining of CCS Subsidiary Bodies

64. CCS discussed the need to streamline its subsidiary bodies and/or their meetings, noting the proliferation of subsidiary bodies and their meetings has started to take toll on the budget of the AMS as well as the ASEAN Secretariat’s resources. CCS viewed that there is a need to reconsider the roles each of the subsidiary body in meeting the AEC objectives and to explore more efficient ways to perform their roles.

65. To assist this deliberation, CCS requested the ASEAN Secretariat to map out the subsidiary bodies under the CCS, identifying their mandates, activities, progress made as well as their relevance in meeting the AEC objectives. The paper should also annex their Terms of Reference and workplans. CCS also requested AMS to consult domestically with relevant stakeholders in preparing for a more in-depth discussions at the next meeting.

Action: ASEAN Secretariat AMS

AGENDA ITEM 14 DATE AND VENUE OF NEXT MEETING

66. CCS agreed on the following plan for the next CCS meetings in 2023:

AGENDA ITEM 15 ADOPTION OF THE REPORT

67. CCS adopted the report of this Meeting.

ACKNOWLEDGEMENT

CCS thanked the Government of the Philippines for the excellent hosting and arrangements for the meeting and the warm hospitality. CCS also thanked Ms. Wan Wadrina Wan Abdul Wahab for her excellent chairmanship and contribution to the CCS process for the past two years.

MNP Protocol Signing

AMS' Positions on ASFF Operationalisation

AMS' Positions on Follow-Ups to the ERIA Studies

SCHEDULE OF NON-CONFORMING MEASURES FOR THE ASEAN TRADE IN SERVICES AGREEMENT

<AMS’ NAME>

ANNEX I

EXPLANATORY NOTES

1. Annex I of the Schedule of each ASEAN Member state sets out, pursuant to Article 11 (Schedules of Non-Conforming Measures), existing measures of that Member state that do not conform to the obligations imposed by

a) Article 6 (National Treatment);

b) Article 7 (Most-Favoured-Nation Treatment);

c) Article 8 (Market Access);

d) Article 9 (Local Presence); or

e) Article 10 (Senior Management and Board of Directors).

2. Each entry in this Annex sets out the following elements:

a) Sector refers to the sector for which the entry is made;

b) Subsector, where referenced, refers to the specific subsector for which the entry is made;

c) Level of government, indicates the level of government maintaining the listed measures;

d) Industry Classification refers, where applicable, to the activity covered by the non-conforming measure, according to:

(i) The Provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991); or

(ii) Other domestic or international industrial classification codes, as may be specified in the Schedule of the respective ASEAN Member State;

e) Obligations concerned specifies the obligations referred to in paragraph 1 that, pursuantto Article 11 (Schedules of Non-Conforming Measures), do not apply to the listed measures;

f) Description of Measures sets out the non-conforming measure for which the entry is made; and

g) Source of Measures means the laws, regulations or other measures that are the source of the non-con forming measure for which the entry is made. A measure cited in the Source of Measure element:

(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure.

3. In accordance with Article 11 (Schedules of Non-Conforming Measures), the Articles specified in the Type of Obligations element of an entry do not apply to the non-conforming measure identified in the Descnption element of that entry.

4. For greater certainty, the Description element of each of the entries in this Ann ex is to be interpreted in accordance with the relevant cited sources of the non-conforming measures.

5. [Country specific headnote: The Schedules of otherParties shall not be used to interpret AMS X’s commitments or obligations under this Agreement]

1 [Numbering of NCM]

ANNEX II

EXPLANATORY NOTES

1. Annex II of the Schedule of each ASEAN Member State sets out, pursuantto Article 11 (Schedulesof Non-Conforming Measures), the specific sectors, subsectors, or activities for which that Member State may maintain existing, or adopt new or more restrictive, measures th at do not conform with obligations imposed by

a) Article 6 (National Treatment);

b) Article 7 (Most-Favoured-Nation Treatment);

c) Article 8 (Market Access);

d) Article 9 (Local Presence); or

e) Article 10 (Senior Management and Board of Directors).

2. Each entry In this Annex sets out the following elements:

a) Sector refers to the sector for which the entry is made;

b) Subsector, where referenced, refers to the specific subsector for which the entry is made;

c) Obligations concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 11 (Schedules of Non- Conforming Measures), do not apply to the listed measures;

d) Description of Measures sets out the non-conforming measure for which the entry is made; and

e) Existing Measures where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors, and activities, identified in the Description element of that entry.

3. In accordance with Article 11 (Schedules of Non-Conforming Measures), the Articles specified in the Type of Obligations element of an entry do not apply to the non-conforming measure identified in the Description element of that entry.

4. For the purposes of this Annex, “CPC", where referenced, refers to the activity covered by the nonconforming measure, according to the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991). The use of

 “**” against individual CPC codes indicates that the specific commitment for that code does not extend to the total range of services covered under that code.

5. [Country specific note: The Schedules of other Parties shall not be used to interpret AMS X’s commitments or obligations under this Agreement.]

ANNEX II

1 [Numbering of NCM]