An ASEAN Mutual Recognition Arrangement for Tourism Services Professor Chris Cooper Bangkok December 2006 Professor Chris Cooper Bangkok December 2006

PresentationPresentation Background Background Mutual Recognition Arrangements Mutual Recognition Arrangements Policy background Policy background An MRA for Tourism Services An MRA for Tourism Services Key Concepts of the MRA Key Concepts of the MRA What we need to do What we need to do Background Background Mutual Recognition Arrangements Mutual Recognition Arrangements Policy background Policy background An MRA for Tourism Services An MRA for Tourism Services Key Concepts of the MRA Key Concepts of the MRA What we need to do What we need to do

ASEAN Background Rapid economic growth driving tourism demand Rapid economic growth driving tourism demand Demand for more skilled manpower Demand for more skilled manpower Imperative for tourism competitiveness Imperative for tourism competitiveness MRAs facilitate and accelerate product and labour mobility MRAs facilitate and accelerate product and labour mobility Rapid economic growth driving tourism demand Rapid economic growth driving tourism demand Demand for more skilled manpower Demand for more skilled manpower Imperative for tourism competitiveness Imperative for tourism competitiveness MRAs facilitate and accelerate product and labour mobility MRAs facilitate and accelerate product and labour mobility

There are many barriers which affect the free and easy flow of human resources and services There are so many different requirements to observe when assessing conformity in countries all over the world

Accreditation and conformance assessment bodies have responded by seeking to develop mutual recognition arrangements Their aim is to reduce the difficulties imposed by the various requirements

The Basics of MRAs

MRAsMRAs Mutual Recognition Arrangements are arrangements between two or more parties to mutually recognise or accept some or all aspects of one another’s conformity assessment results (in our case tourism certificates and qualifications). Mutual Recognition Arrangements are arrangements between two or more parties to mutually recognise or accept some or all aspects of one another’s conformity assessment results (in our case tourism certificates and qualifications).

MRAsMRAs The purpose of an MRA is to facilitate trade The purpose of an MRA is to facilitate trade Each country has its own regulations and administrative procedures Each country has its own regulations and administrative procedures AN MRA is a mechanism by which regulations, standards and procedures can be conformed AN MRA is a mechanism by which regulations, standards and procedures can be conformed Initially bi-lateral, then mature to multi-lateral (e.g. EU, ASEAN) Initially bi-lateral, then mature to multi-lateral (e.g. EU, ASEAN) In order to facilitate international trade, an MRA sets out an agreement by which countries can mutually recognise each other’s conformity assessments. In order to facilitate international trade, an MRA sets out an agreement by which countries can mutually recognise each other’s conformity assessments. Each MRA tends to be sector specific. Each MRA tends to be sector specific. The purpose of an MRA is to facilitate trade The purpose of an MRA is to facilitate trade Each country has its own regulations and administrative procedures Each country has its own regulations and administrative procedures AN MRA is a mechanism by which regulations, standards and procedures can be conformed AN MRA is a mechanism by which regulations, standards and procedures can be conformed Initially bi-lateral, then mature to multi-lateral (e.g. EU, ASEAN) Initially bi-lateral, then mature to multi-lateral (e.g. EU, ASEAN) In order to facilitate international trade, an MRA sets out an agreement by which countries can mutually recognise each other’s conformity assessments. In order to facilitate international trade, an MRA sets out an agreement by which countries can mutually recognise each other’s conformity assessments. Each MRA tends to be sector specific. Each MRA tends to be sector specific.

MRAs We should understand that MRAs: Do not guarantee a visa or a job Do not guarantee a visa or a job Involve trust and openness Involve trust and openness Require uniform terminology Require uniform terminology Are based upon credible specifications and conformance Are based upon credible specifications and conformance Provide useful steps towards building confidence for cooperation in the future Provide useful steps towards building confidence for cooperation in the future We should understand that MRAs: Do not guarantee a visa or a job Do not guarantee a visa or a job Involve trust and openness Involve trust and openness Require uniform terminology Require uniform terminology Are based upon credible specifications and conformance Are based upon credible specifications and conformance Provide useful steps towards building confidence for cooperation in the future Provide useful steps towards building confidence for cooperation in the future

MRAs We should also understand that MRAs: Have participants who abide to a commitment to recognize each others’ conformity assessment procedures Have participants who abide to a commitment to recognize each others’ conformity assessment procedures Should be demand driven, not labor supply driven Should be demand driven, not labor supply driven Should facilitate movement to demand- driven CBT training and certification Should facilitate movement to demand- driven CBT training and certification Should facilitate equity of access to labor markets Should facilitate equity of access to labor markets We should also understand that MRAs: Have participants who abide to a commitment to recognize each others’ conformity assessment procedures Have participants who abide to a commitment to recognize each others’ conformity assessment procedures Should be demand driven, not labor supply driven Should be demand driven, not labor supply driven Should facilitate movement to demand- driven CBT training and certification Should facilitate movement to demand- driven CBT training and certification Should facilitate equity of access to labor markets Should facilitate equity of access to labor markets

Obligations of MRA Partners MRA partners are obliged to accept one another’s conformity assessment as meeting its own regulatory requirement MRA partners are obliged to accept one another’s conformity assessment as meeting its own regulatory requirement Products for export are automatically accepted by the importing country without further testing Products for export are automatically accepted by the importing country without further testing MRA partners are obliged to accept one another’s conformity assessment as meeting its own regulatory requirement MRA partners are obliged to accept one another’s conformity assessment as meeting its own regulatory requirement Products for export are automatically accepted by the importing country without further testing Products for export are automatically accepted by the importing country without further testing

Types of MRAs 1. Technical - between technical bodies 2. Government to government (ASEAN MRAs) Carried out in product sectors where the government is the regulator 1. Technical - between technical bodies 2. Government to government (ASEAN MRAs) Carried out in product sectors where the government is the regulator

Benefits of MRAs Reduced compliance costs Reduced compliance costs Market access Market access Competition and innovation Competition and innovation Free flow of trade Free flow of trade Consumers Consumers Good practice and cooperation Good practice and cooperation Discipline in standards Discipline in standards Reduced compliance costs Reduced compliance costs Market access Market access Competition and innovation Competition and innovation Free flow of trade Free flow of trade Consumers Consumers Good practice and cooperation Good practice and cooperation Discipline in standards Discipline in standards

Regulatory Body Conformity Assessment Body E.g.: Testing Certification or Inspection Body Conformity Assessment Body Egg: Testing Certification or Inspection Body ---- MRA Country A Certificate Trainers

The Policy Background

GloballyGlobally World Trade Organization - Technical Barriers to Trade Agreement (mid 1990s) World Trade Organization - Technical Barriers to Trade Agreement (mid 1990s) ‘Members are encouraged at the request of other members to be willing to enter into negotiations for the mutual recognition of each others conformity assessment’ ‘Members are encouraged at the request of other members to be willing to enter into negotiations for the mutual recognition of each others conformity assessment’ World Trade Organization GATS World Trade Organization GATS (article VII) World Trade Organization - Technical Barriers to Trade Agreement (mid 1990s) World Trade Organization - Technical Barriers to Trade Agreement (mid 1990s) ‘Members are encouraged at the request of other members to be willing to enter into negotiations for the mutual recognition of each others conformity assessment’ ‘Members are encouraged at the request of other members to be willing to enter into negotiations for the mutual recognition of each others conformity assessment’ World Trade Organization GATS World Trade Organization GATS (article VII)

As a result, MRAs became important in conformity assessment

Policy for Economic Integration From AFTA to AEC From AFTA to AEC Deeper and broader economic integration Deeper and broader economic integration 12 priority products - including tourism 12 priority products - including tourism ASEAN framework agreement on MRAs signed 1998 ASEAN framework agreement on MRAs signed 1998 From AFTA to AEC From AFTA to AEC Deeper and broader economic integration Deeper and broader economic integration 12 priority products - including tourism 12 priority products - including tourism ASEAN framework agreement on MRAs signed 1998 ASEAN framework agreement on MRAs signed 1998

Policy for Services and Tourism ASEAN Framework Agreement on Services (AFAS) ASEAN Framework Agreement on Services (AFAS) ‘States may recognize the education… or certificates granted by another State’ ‘States may recognize the education… or certificates granted by another State’ ASEAN Framework Agreement for the Integration of Priority Sectors (Nov. 2004) ASEAN Framework Agreement for the Integration of Priority Sectors (Nov. 2004) Roadmap for Integration of the Tourism Sector (Nov. 2004) Roadmap for Integration of the Tourism Sector (Nov. 2004) The roadmap includes the desire across all states to benefit from freer movement of qualified personnel across the ASEAN region The roadmap includes the desire across all states to benefit from freer movement of qualified personnel across the ASEAN region This should ideally be achieved by 2008 This should ideally be achieved by 2008 ASEAN Framework Agreement on Services (AFAS) ASEAN Framework Agreement on Services (AFAS) ‘States may recognize the education… or certificates granted by another State’ ‘States may recognize the education… or certificates granted by another State’ ASEAN Framework Agreement for the Integration of Priority Sectors (Nov. 2004) ASEAN Framework Agreement for the Integration of Priority Sectors (Nov. 2004) Roadmap for Integration of the Tourism Sector (Nov. 2004) Roadmap for Integration of the Tourism Sector (Nov. 2004) The roadmap includes the desire across all states to benefit from freer movement of qualified personnel across the ASEAN region The roadmap includes the desire across all states to benefit from freer movement of qualified personnel across the ASEAN region This should ideally be achieved by 2008 This should ideally be achieved by 2008

MRAs are an Instrument of ASEAN Policy ASEAN Framework Agreement for the Integration of Priority Sectors (Nov. 2004) ASEAN Framework Agreement for the Integration of Priority Sectors (Nov. 2004) Develop an ASEAN Agreement to facilitate the movement of experts, professionals, skilled labour and talents by December 2005; Develop an ASEAN Agreement to facilitate the movement of experts, professionals, skilled labour and talents by December 2005; Accelerate completion of MRAs to facilitate the free movement of experts, professionals, skilled labour and talents in ASEAN by December 2008; and Accelerate completion of MRAs to facilitate the free movement of experts, professionals, skilled labour and talents in ASEAN by December 2008; and States shall cooperate to develop and upgrade skills and capacity building through joint training and workshops. States shall cooperate to develop and upgrade skills and capacity building through joint training and workshops. ASEAN Framework Agreement for the Integration of Priority Sectors (Nov. 2004) ASEAN Framework Agreement for the Integration of Priority Sectors (Nov. 2004) Develop an ASEAN Agreement to facilitate the movement of experts, professionals, skilled labour and talents by December 2005; Develop an ASEAN Agreement to facilitate the movement of experts, professionals, skilled labour and talents by December 2005; Accelerate completion of MRAs to facilitate the free movement of experts, professionals, skilled labour and talents in ASEAN by December 2008; and Accelerate completion of MRAs to facilitate the free movement of experts, professionals, skilled labour and talents in ASEAN by December 2008; and States shall cooperate to develop and upgrade skills and capacity building through joint training and workshops. States shall cooperate to develop and upgrade skills and capacity building through joint training and workshops.

The ASEAN Framework Agreement on MRAs Signed December 1998 Signed December 1998 Framework document to guide the design and terminology of MRAs for ASEAN Framework document to guide the design and terminology of MRAs for ASEAN Electronics, telecommunications and cosmetics Electronics, telecommunications and cosmetics The MRA for Tourism Services must align with this framework document The MRA for Tourism Services must align with this framework document Signed December 1998 Signed December 1998 Framework document to guide the design and terminology of MRAs for ASEAN Framework document to guide the design and terminology of MRAs for ASEAN Electronics, telecommunications and cosmetics Electronics, telecommunications and cosmetics The MRA for Tourism Services must align with this framework document The MRA for Tourism Services must align with this framework document

An MRA for Tourism Services

An MRA will facilitate agreement on certified competencies (including languages) in specific job titles and access to work visas. i.e.: an ASEAN-wide tourism labour market with states exporting and importing labour. i.e.: an ASEAN-wide tourism labour market with states exporting and importing labour. An MRA will facilitate agreement on certified competencies (including languages) in specific job titles and access to work visas. i.e.: an ASEAN-wide tourism labour market with states exporting and importing labour. i.e.: an ASEAN-wide tourism labour market with states exporting and importing labour.

An MRA for Tourism Services The MRA will: Require ongoing servicing and development Require ongoing servicing and development Build confidence and cooperation Build confidence and cooperation Encourage capacity building Encourage capacity building Deal with certification of people not products Deal with certification of people not products The MRA will: Require ongoing servicing and development Require ongoing servicing and development Build confidence and cooperation Build confidence and cooperation Encourage capacity building Encourage capacity building Deal with certification of people not products Deal with certification of people not products

An MRA for Tourism Services It will operate by The exporting country checking for conformity of their qualification against the rules of the importing country The exporting country checking for conformity of their qualification against the rules of the importing country Exporting states therefore bear the cost of conformance – and of preparation and training Exporting states therefore bear the cost of conformance – and of preparation and training It will operate by The exporting country checking for conformity of their qualification against the rules of the importing country The exporting country checking for conformity of their qualification against the rules of the importing country Exporting states therefore bear the cost of conformance – and of preparation and training Exporting states therefore bear the cost of conformance – and of preparation and training

Key Concepts and Terms

The Pivotal Notion of Equivalence A key concept driving MRAs is equivalence assessment – are the qualifications of country A equivalent to those of country B - i.e of equal value A key concept driving MRAs is equivalence assessment – are the qualifications of country A equivalent to those of country B - i.e of equal value MRAs require participants to mutually accept each others’ conformity procedures as being equivalent MRAs require participants to mutually accept each others’ conformity procedures as being equivalent A key concept driving MRAs is equivalence assessment – are the qualifications of country A equivalent to those of country B - i.e of equal value A key concept driving MRAs is equivalence assessment – are the qualifications of country A equivalent to those of country B - i.e of equal value MRAs require participants to mutually accept each others’ conformity procedures as being equivalent MRAs require participants to mutually accept each others’ conformity procedures as being equivalent

ConformanceConformance In considering an MRA we must distinguish between: In considering an MRA we must distinguish between: Rules which may be technical regulations, standards or guidelines against which something is judged; and Rules which may be technical regulations, standards or guidelines against which something is judged; and Conformity assessment - the process by which things are evaluated for compliance with the rules Conformity assessment - the process by which things are evaluated for compliance with the rules In considering an MRA we must distinguish between: In considering an MRA we must distinguish between: Rules which may be technical regulations, standards or guidelines against which something is judged; and Rules which may be technical regulations, standards or guidelines against which something is judged; and Conformity assessment - the process by which things are evaluated for compliance with the rules Conformity assessment - the process by which things are evaluated for compliance with the rules

Conformity Assessment Conformity Assessment means systematic examination to determine the extent to which a product, process or service fulfils specified requirements Conformity Assessment means systematic examination to determine the extent to which a product, process or service fulfils specified requirements In other words, how tourism certification and qualifications fulfil requirements of each ASEAN country In other words, how tourism certification and qualifications fulfil requirements of each ASEAN country Conformity Assessment means systematic examination to determine the extent to which a product, process or service fulfils specified requirements Conformity Assessment means systematic examination to determine the extent to which a product, process or service fulfils specified requirements In other words, how tourism certification and qualifications fulfil requirements of each ASEAN country In other words, how tourism certification and qualifications fulfil requirements of each ASEAN country

The Organization Needed Under the Framework Agreement In other words what we need to do

Joint Sectoral Committee Each Sectoral MRA establishes a Joint Sectoral Committee responsible for the effective functioning of that Sectoral MRA. Each Sectoral MRA establishes a Joint Sectoral Committee responsible for the effective functioning of that Sectoral MRA. The Joint Sectoral Committee comprises one official representative designated by each Country to the Sectoral MRA. The Joint Sectoral Committee comprises one official representative designated by each Country to the Sectoral MRA. ASEAN Tourism Professional Monitoring Committee ASEAN Tourism Professional Monitoring Committee Each Sectoral MRA establishes a Joint Sectoral Committee responsible for the effective functioning of that Sectoral MRA. Each Sectoral MRA establishes a Joint Sectoral Committee responsible for the effective functioning of that Sectoral MRA. The Joint Sectoral Committee comprises one official representative designated by each Country to the Sectoral MRA. The Joint Sectoral Committee comprises one official representative designated by each Country to the Sectoral MRA. ASEAN Tourism Professional Monitoring Committee ASEAN Tourism Professional Monitoring Committee

Tourism Professional Certification Board A TPCB is responsible for the assessment and certification of tourism professionals A TPCB is responsible for the assessment and certification of tourism professionals It will facilitate good practice and exchange of knowledge. It will facilitate good practice and exchange of knowledge. A TPCB is responsible for the assessment and certification of tourism professionals A TPCB is responsible for the assessment and certification of tourism professionals It will facilitate good practice and exchange of knowledge. It will facilitate good practice and exchange of knowledge.

AuthorityAuthority Member State signatories to a Sectoral MRAs shall ensure that the TPCB has the power and competence in their respective territories to carry out decisions required of them under the Framework Agreement. Member State signatories to a Sectoral MRAs shall ensure that the TPCB has the power and competence in their respective territories to carry out decisions required of them under the Framework Agreement.

National Tourism Professional Association (TRG) The NTPA means an entity that exercises a legal right to control the import, use or sale of products within a Member State's jurisdiction (nominated by government). The NTPA means an entity that exercises a legal right to control the import, use or sale of products within a Member State's jurisdiction (nominated by government). For the tourism MRA they are responsible for the registration of tourism professionals through ALET For the tourism MRA they are responsible for the registration of tourism professionals through ALET The NTPA means an entity that exercises a legal right to control the import, use or sale of products within a Member State's jurisdiction (nominated by government). The NTPA means an entity that exercises a legal right to control the import, use or sale of products within a Member State's jurisdiction (nominated by government). For the tourism MRA they are responsible for the registration of tourism professionals through ALET For the tourism MRA they are responsible for the registration of tourism professionals through ALET

ASEAN Labour Exchange for Tourism A web-based facility to disseminate details about job vacancies and foreign tourism professionals seeking employment

An MRA for Tourism Services ASEAN Tourism Professional Monitoring Committee ASEAN Tourism Professional Monitoring Committee Tourism Professional Certification Board Tourism Professional Certification Board National Tourism Professional Association (TRG) National Tourism Professional Association (TRG) ASEAN Labour Exchange for Tourism ASEAN Labour Exchange for Tourism ASEAN Tourism Professional Monitoring Committee ASEAN Tourism Professional Monitoring Committee Tourism Professional Certification Board Tourism Professional Certification Board National Tourism Professional Association (TRG) National Tourism Professional Association (TRG) ASEAN Labour Exchange for Tourism ASEAN Labour Exchange for Tourism

Capacity Building Provisions of the Framework Agreement include capacity building to ensure that competency and infrastructure are developed to deliver the products and services demanded by the MRA

PhasingPhasing All Sectoral MRAs are intended to be multilateral agreements in which all Member States are encouraged to participate. All Sectoral MRAs are intended to be multilateral agreements in which all Member States are encouraged to participate. However, two or more Member States may proceed first if other Member States are not ready to participate in the Sectoral MRAs. However, two or more Member States may proceed first if other Member States are not ready to participate in the Sectoral MRAs. All Sectoral MRAs are intended to be multilateral agreements in which all Member States are encouraged to participate. All Sectoral MRAs are intended to be multilateral agreements in which all Member States are encouraged to participate. However, two or more Member States may proceed first if other Member States are not ready to participate in the Sectoral MRAs. However, two or more Member States may proceed first if other Member States are not ready to participate in the Sectoral MRAs.

A Draft Structure for an MRA for Tourism Services Preamble Preamble Objectives Objectives Scope and coverage Scope and coverage Provisions for recognition and qualification of foreign tourism professionals Provisions for recognition and qualification of foreign tourism professionals National bodies National bodies Preamble Preamble Objectives Objectives Scope and coverage Scope and coverage Provisions for recognition and qualification of foreign tourism professionals Provisions for recognition and qualification of foreign tourism professionals National bodies National bodies ASEAN Professional Monitoring Committee Mutual recognition obligations Timing Contacts Other

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