Lydia G. Tansinsin Chartered President

ASEAN Federation of Engineering Organizations (AFEO)

Outline of Paper Introduction Background and Competitiveness ASEAN Mutual v Recognition Arrangements

(MRA) Professionals Professional Regulatory Authority Monitoring Committee ASEAN Chartered Professional Coordinating

Committee Mutual Exemption, Amendments, Dispute

Settlement Status of Different MRAs

INTRODUCTION

ASEAN Member Countries RECOGNIZING – * the objectives ASEAN Framework Agreement on

Services (AFAS) to enhance cooperation in services amongst ASEAN Member Countries

* in order to improve the efficiency & competitiveness * diversity production capacity & supply &

distribution of services of services of their suppliers within & outside ASEAN Member Countries

* liberalise trade in services by expanding the depth & scope of liberalisation beyond those undertaken by ASEAN M C under the General Agreement on Trade & Services (GATS) with aim to realising free trade in services

ARTICLE V- Provides that ASEAN Member

Countries may recognise the education or experience obtained, requirements met, & licence or certification granted in other ASEAN Member Countries, for the purpose of licensing or certification of services suppliers

BALI CONCORD II

Decided at 9th ASEAN Summit, 2003 for completion of Mutual Recognition Arrangements (MRAs or MRA) for qualifications in major professional services by 2008 to facilitate free movement of professional/s killed labour/talents in ASEAN

This date is now 2015 instead of 2008

PHILIPPINES AND WTO The Philippines is member of World Trade

Organization (WTO) since 1995 recognizes the achievements in fostering a more open, transparent, predictable and competitive environment.

The General Agreements for Trade and Services (GATS) is part of the WTO

In the Trade Policy Review, their was a distinction made between doing business & practice of profession, mutual recognition under Mode 4 indicated Movement of Natural Person

Member Economies in Trade Policy Review (PPR) Countries involved – Chinese Taipei - Mexico Australia - Canada European Union Japan Thailand European Union United States of America

Mode 4 – Movement of Natural Persons Countries involved

Argentina Canada Europe and its member States (28,

including Croatia) Hongkong, China

Mode 4 Continuation ...... - Japan - New Zealand - Norway - Switzerland - Australia

Professional Services What does competitiveness mean when we are talking about professional services. Competitiveness is a relative concept.

In the domestic market context, it tends to mean are there enough of us, relative to demand? Are we in short supply? Are we being too exclusive? Are we open enough to new entrants? Have we got the balance right between ensuring high professional standards and meeting market demand? Do we need new professional categories? Internationally, it means can we attract foreign clients and at what level of value-add? Do we offer professional value for money? For what categories of work? (Source: J D Brockman)

Attractiveness : Asian Destinations for Services Outsourcing / Off-shoring

Sources of growth in rich and poor countries

Ejaz Ghani Arti Grover Homi Kharas 2011, Service with a smile: A new growth engine for poor countries, 4 May 2011 VoxEU.org

Key Competitiveness Criteria

Numbers of graduates/skills shortages competency levels salary expectations language skills flexibility Source : Jane Drake-Brockman

Indicators of competitiveness Relative numbers of universities offering

professional degrees Quality of Curricula Relative numbers of graduates Relative graduate competency level Numbers passing the Licensure Relative extent and quality of local R&D Relative numbers and standard of active qualified professional Objective professional outcomes indicators Objective indicators of labour market conditions Relative professional salary expectations Trends in Offshore Employment Others- From: Jane Drake –Brockman)

Factors affecting Competitiveness

Productivity in services tends to depend on human capital/skills and access to technology and digital infrastructure Source: Jane Drake-Brockman

ASEAN- Services as share of GDP (%) (Source; Chanda and Pasadilla 2011)

0 10 20 30 40 50 60 70 80

VN

THA

SIN

PHI

MYA

MAL

LAO

IND

CAM

BRU

2000s 1990s

ASEAN MUTUAL RECOGNITION ARRANGEMENTS (MRA) PROFESSIONALS ASEAN MRA on Engineering Services – KL, Malaysia, December 5, 2005 ASEAN MRA on Nursing Services – Cebu, Philippines, December 8, 2006 ASEAN MRA on Surveying Qualifications Singapore, November 19, 2007 ASEAN MRA on Architectural Services Singapore, November 19, 2007

ASEAN MRAs Cont’d -1 ASEAN MRA on Medical Practitioners

Singapore, August 25, 2008

Singapore, August 25, 2008 ASEAN MRA on Framework Accountancy

ASEAN MRA on Dental Practitioners Cha-Am, Thailand, February 26, 2009

MRA Engineering Objectives Article 1 1.1 To facilitate mobility of

engineering services professionals 1.2 To exchange information in

order to promote adoption of best practices on standards and qualifications

MRA Nursing Objectives The MRA document of Nursing adopted

the Objectives of the ASEAN Framework Agreement on Services (AFAS)

To enhance cooperation in services amongst ASEAN Member Countries in order to -

To improve the efficiency & competitiveness, diversity production capacity &supply & distribution of services of their services suppliers within & outside ASEAN

MRA Surveying Objectives different nomenclatures & requirements

Article 1 of MRA 1.1 To identify the framework & establish

the basis for Competent Authorities to observe while negotiating MRAs between or amongst each other to facilitate the mutual recognition and mobility of Surveying Professionals as it is recognised that ASEAN MC may have.

MRA Nursing objectives cont’d-1 To eliminate substantially the restrictions to

trade in services amongst ASEAN MC To liberalise trade in services by expanding

the depth & scope of liberalisation beyond those undertaken by ASEAN MC under the General Agreement on Trade in Services (GATS) with the aim to realising free trade in services

MRA Surveying Objectives cont’d-2

1.2 To exchange information in order to promote trust and adoption of best practices on surveying standards and qualifications.

MRA Architectural Objectives

1.1 to facilitate mobility of Architects 1.2 to exchange information in order

to (Article 1- Objectives) Promote adoption of best practices on

standards of architectural education, professional practice and qualifications

MRA Architectural Obj. cont’d-1

1.3 to conform to the spirit of ASEAN co-operations based on fair distribution of resources & benefits through collaborative researches

1.4 to encourage, facilitate and establish mutual recognition of Architects & set up standards and commitment of technological transfer among ASEAN MC

MRA Medical Objectives Article 1 - Objectives 1.1 facilitate mobility of medical practitioners with

ASEAN Exchange information and enhance cooperation in

respect of mutual recognition of medical practitioners

Promote adoption of best practices on Standards & qualifications

Provide opportunities for capacity building & training of medical practitioners

MRA Accountancy Objectives Article 1 – Objectives 1.1 The MRA Framework lays down the broad

principles and framework for the negotiations of bilateral or multilateral MRAs on Accountancy Services between or among ASEAN Member States(AMS)

1.2 The objectives of the MRA Framework are: 1.2.1 To facilitate the negotiations of MRAs on Accountancy Services between & among AMS by providing a structure towards the conclusion of such MRAs;

MRA Accountancy Obj. cont’d-1 1.2.2 To Exchange info in order to promote &

take into consideration the dev. Of the best practices on stds & qualification in the accountancy professions

1.3 In achieving the above by guided principles: 1.3.1 Promoting efficiency & quality of stds

of accountancy profession in AMS; 1.3.2 Enhancing & cooperation in the

Accountancy AMS;

MRA Accountancy Obj. cont’d-2 1.3.3 Respecting & conforming w/ Domestic

Regulations of the participating AMS without lowering the stds & requirements of the accountancy professions in @ AMS

1.3.4 All negotiations between or among AMS for the conclusion of bilateral or multilateral MRAs on Accountancy Services shall be based on objectivity, fairness & reciprocity

MRA Dental Objectives Article – Objectives 1.1 facilitate mobility of dental practitioners within

ASEAN 1.2 exchange information & enhance cooperation in

respect of mutual recognition of dental practitioners

1.3 promote adoption of best practices on standards & qualifications, and

1.4 provide opportunities for capacity building & training of dental practitioners

Recognition, Qualifications, and Eligibility - Engineering -Art 3 ASEAN Chartered Professional Engineer (ACPE) 3.1.1 completed an accredited engineering degree

recognized by the professional engr accreditation body in Country of Origin (CO) or Host Country or assessed & recognised as equivalent degree

3.1.2 possess a current & valid prof’l reg. or licensing cert to practice eng in Country of Origin by Profession Regulatory Authority (PRA) of AMC

ReEligibility – Engineering Art 3-1 3.1.3 acquired practical & diversified experience of not less

than seven (7) years after graduation, at least two (@) years in responsible charge of significant eng work

3.1.4 Compliance with Continuing Professional Development(CPD) policy, Country of Origin at a satisfactory level

3.1.5 obtained cert , Professional Regulatory Authority (PRA), Country of Origin with no record of serious violation on technical, prof’l or ethical stds, local & international, for the practice of engineering is eligible to apply to the ASEAN Chartered Prof’l Eng Coordinating Com (ACPECC) to be registered as ACPE under ACPER

Engineering – Art 3 cont’d -2

ASEAN Chartered Profession Engineer (ACPE)

Must have all the qualifications stated previously.

ACPE practice engineering only in specific discipline or disciplines has been adjudged to be competent under this Arrangement

Engineering – Art 3 , cont’d -3 Eligibility of ACPE to Practice in a Host Country -

Foreigner Engineer 1. ASEAN CPE eligible to apply to PRA of HOST

Country to be registered as Registered Foreign Prof’l Eng (RFPE)

His/Her application include a sworn statement undertaking to :

a. bound by local & int’l codes of prof’l conduct in accordance with policy on ethics and conduct established & enforced by the CO

Engineering – ART. 3, cont’d -4 b. Bound by the prevailing laws & regulations of

the Host Country (HC) c. Work in collaboration with local Prof’l Eng in

the HC subject to domestic laws & regulations of HC governing the practice of engineering

Upon approval , RFPE, not in independent practice, but in collaboration with designated prof’l Eng in HC, with area of his own competency as recognized & approved by PRA of Host Country

Recognition, Qualifications & Eligibility of Foreign Nurses– Art III Foreign Nurses May Apply Subject to

following conditions: 3.1Granted a Nursing Qualification 3.2Possession of valid prof’l reg and/or

license from CO & current licence or cert or any relevant certifying documents

3.3Minimum practice experience not less three (3) yrs continuous yrs prior to application

Nursing, Art. III, cont’d -1

3.4 Compliance satisfactory CPD As mandated by NRA of the CO

3.5 Certification CO of no record or pending investigation of having violated any technical, prof’l or ethical standards, local & international, practice of nursing

3.6 Submit medical examination or undergo an induction program or competency assessment, as imposed by NRA OR any relevant authority of HC

Recognition.... Nursing - Art III cont’d-2

Eligibility of foreign Nurse -Complying to domestic laws & regulations who satisfies the conditions is deemed eligible.

Undertaking of a Foreign Nurse – 1. conduct in accordance to policy on ethics

the practice of HC 2. observance of prevailing domestic laws &

regulations of HC & the practice of nursing

Recognition.... Nursing, Art III, cont’d -3

3.3 Subscribe to any requirements for an

insurance liability scheme of the Host Country

3.4 Respect the culture and religion of th Host Country

Basis for Recognition, Surveying, Art III

3.1 Education – must meet the education requirements in effect in HC & to be assessed by HC

3.2 Examinations – have to pass the examination/s to assure applicant have satisfactory knowledge of relevant local & national legislation, stds, & practice in HC

Recognition Surveying... Art.III cont’d-1

3.3 Experience – 1. ASEAN agree that the completion of a min. period of post graduating surveying exp. is for recognition, equivalent to exp. requirement of HC. 2 years experience

3.4. If either the amount or nature of the exp acquired by application the Home c does not meet the requirements of HC, the applicant may be permitted to complete Prescribed exp in the HC before being eligible for recognition

Recognition Surveying...Art 3, cont’d-2

PROCESS – 1. AESEAN MC shall ensure that any measure it

adopts or maintains relating to recognition , registration or licensing be accessible or published to cause unnecessary delay nor impose inequitable fees, except if necessary cost or exchange rate

2. ASEAN MC – registration and/or licensing within its jurisdiction shall be subject all domestic laws, rules, regulations, nation policies, stds & requirements

Recognition Surveying...Art III, cont’d-3

Information & Documentation – 1. To publicly make available, info on processes , assessing qualification, adopted core competency, criteria , stds, or benchmark

Discipline & Ethics – observe ethical behaviour and laws & regulation of its MC

In’l Fed of Surveying Stds & Guidelines - acknowledge & agree stds and guidelines of International Federation of Surveyors.

Recognition, Quali, & Eligibiity –Art. III ASEAN Architect – 1. Completed Accredited architectural degree.

Education not less than five (5) yrs while allowing flexibility for equivalency

2. Current & valid Prof’l regulation or licensing in CO issued by PRA

3. Acquired practical & diversified exp of not less than 10 yrs of continuous practice after graduation, at least 5 yrs after licensure & 2 yrs in responsible charge of significant architectural works

Recognition..Achitectural ..Art III cont’d-1

4. Complied with Continuing Professional Development of CO at satisfactory level

5. Certification of no record of serious violation on technical professional or ethical standards and others

6. Complied with other requirements agreed by ASEAN Architect Council (AAC)

Architectural Continuation -2 ASEAN Architect (AA) – An Architect is eligible provided he is qualified a

& apply at ASEAN Architect Council (AAC). Shall practice in specific projects has been adjudged to be competent

Eligibility of AA to Practice in Host Country Registered Foreign Architect (RFA) shall apply at

the PRA of HC & shall submit the ff:

Recognition .. Architectural cont’d-3

A Continuing Professional Development to satisfactory level

Obtained certification from PRA of CO with no record of serious violation on technical, professional or ethical standards, local & int’l, for the practice of architecture

Complied with other requirements agreed AAC

If qualified will apply & will be reg AAR

Recognition & Eligibility of Foreign Medical Practitioners

1. Possess Medical Qualification recognised by PMRA of CO and HC

2. Valid professional registration issued – PMRA of Country of Origin

3. Active practice as gen practitioner or specialist for not less than five (5) yrs continuous in CO

4. Compliance with CPD at satisfactory level – PMRA of CO

Recognition..Architectural cont’d-1

5. certified PMRA no violation ..... 6. declared no investigation or legal

proceeding pending against his/her in CO or another country

7. compliance with any other assessment or requirement as may be imposed on any such application for registration as deemed fit by the PMRA`or other relevant authorities HC

Eligibility of a Foreign Medical Practitioner

Foreign Medical Practitioner -Should satisfy all conditions to practice in the HC

Allowed to practice in HC subjected to Domestic Regulations & condition which should not be limited to following:

a. Bound by Professional & Ethical Codes of Conduct...

B. Bound by prevailing laws .... Requirement for insurance liability scheme Respect culture and religion

Recognition ..... Accountancy

ASEAN Member recognise- 1. Education –Met the educational requirements in

CO & satisfy HC’s NAB/PRA 2. Licences –licences required from govt or

regulatory body other than NAB/PRA of each AMS 3. Demonstration of Competencies – PPA seeking

recognition should know the local conditions

Recognition ....Accountancy..cont’d-1

4. Experience –must meet the experience requirements of HC

5 International Federation of Accountants (IFAC) Standards & Guidelines- encourage to take into account the Standards & guidelines set out by IFAC. Also take into consideration ASEAN MS rules & regulations of each member States

Recognition ....Foreign Dental Practitioner

Recognition of a Foreign Practitioner – 1. possesses dental qualification recognised by PDRA

if the CO 2. Possession of valid prof’l registration & current

practising cert to practise dentistry issued by PDRA of Country of Origin

3. in active practice as general Dental Practitioner or specialist, for not less than five (5) yrs continuous yrs in CO

Recognition ...Dental, cont’d-1 4. compliance with CPD at Satisfactory level as

mandated bt PDRA of CO 5. Certified by PDRA o CO of not having violated any

professional or ethical stds etc 6. declared no investigation or legal proceeding pending

against him/her in CO 7. compliance with any other assessment or

requirement as may be imposed on any such applicant for reg as deemed fit by PDRA or other relevant authorities of HC

Recognition ... Dental, cont’d -2

Meeting all the conditions a Foreign Dental Practitioner is qualified to register in HC

All the conditions of enumerated in the Medical is replicated in the dental MRA

List - Professional Regulatory Authority (PRA)

Brunei Darussalam-----Cambodia---------------

Indonesia----------------

Lao PDR----------------- Malaysia----------------- Myanmar----------------

Ministry of Development Ministry of Land Mgt,

Urban Planning, and Construction National Construction

Services Dev BOARD Lao Union of S & Eng Asso Board of Engineers

Malaysia Public Works Head Qtr,

Ministry of Construction

List of PRA cont’d -1 The Philippines---------

Singapore----------------

Thailand----------------- Vietnam -----------------

Professional Regulation Commission and relevant Professional Regulatory in Eng

Professional Engineers

Board Singapore Council of Engineers Ministry of Construction

Responsibility of PRA

1. Consider Applications from and authorise the ACPEs to work as RFPEs, not independent practice, but in collaboration with designated local subject to domestic laws & reg & where applicable, not making submissions to statutory authorities of HC as provided by this arrangement

2.Monitor & assess the prof’l practice of RFPEs 3. Report to relevant local & int’l bodies dev

implementation of this arrangement

Responsibilities of PRAs , cont’d -1

4. Maintain high standards of professional & ethical practice in Engineering

5. Notify ASEAN CPE Coordinating Council (ACPECC) Secretariat promptly in writing when a RFPE has contravened this arrangement, ACPE is no longer qualified to undertake independent prof’l eng practice in CO, has not complied with CPD policy of CO, satisfactory level or seriously violated technical, prof’l or ethical stds either in CO or HC , whereby such violations , deregistration or suspension from practice

PRA Responsibilities cont’d -2

6. Prepare rules regulations to enable implementation of this Arrangement

7. Exchange info re laws, practice & prevailing dev in the practice of eng within the region to harmonise in accordance with regional &/o international standards

Monitoring Committees (MC)

1. MC shall established in all participating ASEAN MC to develop, process & maintain an ACPER in CO

2. MC shall be recognised as competent by, & may exercise some functions in behalf of, the authorities responsible for reg & licensing of prof’l engineers in country concerned

Monitoring Committee, cont’d -1

3. MC be recognised as an authorised body & to certify the qualification & experience of individual PE directly or by reference to other competent bodies

4. Specific responsibilities for development & maintenance of ACPER registry

5. Prepare a statement setting out the criteria & procedures for compliance with the qualifications set out for PE. This should be reviewed by ACPECC

ASEAN Chartered Professional Eng Coordinating Committee (ACPECC)

APPECC established to confer & withdraw the title of ACPE . Authority may be delegated in writing from time to time by ACPECC to authorised MC in each AMC

Members of ACPECC comprise – one appointed rep from each MC of participating AMC

ACPECC cont’d - 1 Functions of ACPECC: 1. Facilitating the dev & maintenance of

authoritative & & Registers of ACPER 2. Promoting the acceptance ACPEs in each AMC as

possessing gen tech & prof’l competence that is substantially equivalent to prof’l eng registered or licensed in CO

3. Developing, monitoring, maintaining & promoting mutually acceptable stds & criteria for facilitating practice by ACPEs throughout AMC

ACPECC cont’d - 2 4. Seeking to gain a greater understanding of

existing barriers to such practice & develop & promote strategies to help govts & licensing authorities reduce those barriers & manage their processes in an effective & non-discriminatory manner

5. Encourage streamlined procedures... 6. Identifying & encouraging the Implementation of

best practices... 7. Continuing mutual monitoring & info

exchange......

Mutual Exemption 1. Recognise that any arrangement, which would

confer exemption from further assessment by PRA that control the right to practice in each country, could be concluded only with the involvement & consent of the PRA & the relevant govt agencies

2. Note that licensing or registering authorities have statutory responsibility for protecting the health, safety, environment, & welfare of the community within their jurisdictions, and may require Prof’l Eng seeking the right to independent practice to submit themselves to some form of supplemental assessment

Mutual Exemption, cont’d - 1 3. Consider that the objectives of such assessment

should be to provide the relevant authorities with a sufficient degree of confidence that the PE concerned

a. Understand the general principles behind applicable codes of practice & laws

b. Have demonstrated a capacity to apply such principles safety & efficiently

c. Are familiar with other special requirements operating within the HC

Amendments

May be requested in writing and agreed upon by the Government of all ASEAN member Countries

Dispute Settlement The provisions of the ASEAN Protocol on

Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR on the 29 November, shall apply to disputes concerning the interpretation , implementation, &/or application of any of the provisions under this arrangement

Memorandum of Agreement

MOA entered in into by PRC, CHED and PTC for engineering last December 18, 2009, that the initial ACPE will the AFEO Register Engineer. However the MOA was amended on February 2011, PRC Res. No. 2011, Series of 2011: “Sec 5. ASEAN Engineers under the AFEO. All Engineers registered in the existing ASEAN Engineering Registry Philippines shall be deemed registered in the ACPER provided that they comply with the criteria & procedures set by AMCESP & the quali in ART 3.1 of the MRA as provided in Sec 4(b)”

ASEAN Chartered Professional Engineer Registry (ACPER)

Indonesia ...................................99 Malaysia...................................149 Singapore..................................186 Vietnam..................................... 56 Philippines................................ 0 Total 490

Source: Paper of Chair T. R. Manzala, PRC

Assessment Statement

So far only the Engineering group have an Assessment Statement the six (6) other disciplines are either being revised or are using the specific agreement as the basis .

Involvement in CCS Meetings 70th CCS – July 2-7, 2012 Committees: ACCPECC (Engineering), AAC

(Architecture) and Accountancy. Venue Bangkok 71th CCS – 4th Workshop in September 2012 Committees: ACCPECC, AAS, Surveying,

AJCCD, AJCCD, AJCCM, and Accountancy, venue - Malaysia

Philippines currently the Vice Chair of the 70th ACCPECC/Engineering Expert Group Meeting

Philippines – will be the chair soon after the Bangkok, meeting

Source: paper of Chair T.R. Manzala, PRC

E N D

Good day