INTRODUCTION

The AEC provides for market access for ASEAN skilled labour. “Free flow of skilled labour” affects the implementation of the ASEAN Framework Agreement on Services (AFAS) through allowing foreign service suppliers, and the ASEAN Comprehensive Investment Agreement (ACIA) through allowing employment of foreign corporate personnel to accompany FDI.

The AEC Blueprint focuses on action to implement Mutual Recognition Arrange-ments (MRAs) for major professional services. It is obvious that recognition of qualifica-tions is not enough to ensure market access in ASEAN. We need to also look at policies and regulatory frameworks affecting skilled labour mobility, and highlight the various policy and regulatory constraints and impediments.

POLICIES AND REGULATORY FRAMEWORKS ON SKILLED LABOUR MOBILITY IN AND AMONG ASEAN COUNTRIES

ASEAN governments have facilitated in-flows of professional manpower for various reasons, including to: facilitate FDI by permitting entry of foreign business people and professionals to accompany FDI; meet short-term skills shortages; facilitate structural/industrial upgrading; meet com-mitments under GATS and FTAs; and pro-mote health and education services.

Provisions in AFAS

AFAS provides for regulatory convergence and regulatory harmonization including MRAs.

AFAS Article 5 — Domestic Regulation (on qualifications):

With the objective of ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, the Parties shall jointly review the results of the negotiations on disciplines in these measures pursuant to Article VI. of GATS, with a view to their incorporation into the Agreement.

AFAS Article 6 — Recognition (on qualifications):

1. • For the purposes of fulfilment of their respective standards or criteria for the authorization, licensing and certification of service suppliers, each Party may recognize the education or experience obtained, requirements met, or licenses or certification granted in another Party.

2. • Two or more parties may enter into, or encourage their relevant competent bodies to enter into, negotiations or recognition of qualification require-ments, qualification procedures, licens-ing and/or registration procedures for the purposes of fulfilment of their respective standards or criteria for the authorization, licensing or certification of service suppliers…