ASEAN MUTUAL RECOGNITION ARRANGEMENT ON

Host Country whereby such violations have led toderegistration or suspension from practice;4.1.6 Prepare rules and regulations to enable theimplementation of this Arrangement; and4.1.7 Exchange information regarding laws, practicesand prevailing developments in the practice ofengineering within the region with the view toharmonisation in accordance with regional and/orinternational standards.4.2Monitoring Committee (MC)4.2.1 A Monitoring Committee (MC) shall beestablished in and by each participating ASEANMember Country to develop, process andmaintain an ASEAN Chartered ProfessionalEngineers Register (ACPER) in the Country ofOrigin.4.2.2 The Monitoring Committee (MC) shall berecognised as competent by, and may exercisesome functions on behalf of, the authoritiesresponsible for the registration and licensing ofprofessional engineers in the country concerned.4.2.3 The Monitoring Committee (MC) shall also berecognised as an authorised body and shall beable to certify the qualification and experience ofindividual professional engineers directly or byreference to other competent bodies.4.2.4 The specific responsibilities of the MonitoringCommittee (MC) for the development andmaintenanceof the ASEANCharteredProfessional Engineers Register (ACPER) aregiven in the ensuing Articles 4.2.5 and 4.2.6

below and in Appendices II. IN and IV to thisArrangement.4.2.5 The Monitoring Committee (MC) of eachparticipating ASEAN Member Countries seekingauthorisation to initiate a Register for the purposeof the ASEAN Chartered Professional EngineersRegister (ACPER) shall prepare a statementsetting out the criteria and procedures forassessing compliance with the qualifications setout at Article 3.1 for Professional Engineerapplicants. The statement shall be reviewed bythe ASEAN Chartered Professional EngineerCoordinating Committee (ACPECC). Guidelineson criteria and procedures and examples are setout in Appendices II. Ill and V.4.2.6 Each authorised Monitoring Committee (MC)shall further undertake to:4.2.6.1Ensure that all practitioners registeredas ASEAN Chartered ProfessionalEngineers (ACPEs) by the ASEANChartered ProfessionalEngineerCoordinating Committee (ACPECC)Secretariat comply fully with therequirementsspecifiedinthisArrangement, and that a substantialmajority of these practitioners havedemonstratedtheircompliancethrough the primary procedures andcriteria as shown in Appendices II. Mland IV;4.2.6.2Ensure that practitioners applying forregistration as ASEAN CharteredProfessional Engineers (ACPEs) arerequired to provide evidence that theyhave complied with the Continuing10

Professional Development (CPD) ofthe Country of Origin at a satisfactorylevel;4.34.2.6.3Ensure that practitioners registeredbytheASEANCharteredProfessional Engineer CoordinatingCommittee (ACPECC) Secretariat asASEANCharteredProfessionalEngineers (ACPEs) apply from timeto time for renewal of their registration,and in so doing, provide evidence thatthey have complied with theContinuing Professional Developmentpolicy of the Country of Origin at asatisfactory level;4.2.6.4Ensure the implementation andexecution of the changes agreedunder Article 6.3 as directed by theASEANCharteredProfessionalEngineer Coordinating Committee(ACPECC); and4.2.6.5Where Article 4.1.5 is applicable,withdraw and deregister the saidASEANCharteredProfessionalEngineer (ACPE) from the ASEANChartered Professional EngineersRegister (ACPER).ASEANCharteredProfessionalCoordinating Committee (ACPECC)Engineer4.3.1 The ASEAN Chartered Professional EngineerCoordinating Committee (ACPECC) shall beestablished and shall have the authority to conferand withdraw the title of ASEAN Chartered11

Professional Engineer (ACRE). This authoritymay be delegated in writing from time to time bythe ASEAN Chartered Professional EngineerCoordinating Committee (ACPECC) to theauthorised Monitoring Committee (MC) in eachparticipating ASEAN Member Country. Membersof the ASEAN Chartered Professional EngineerCoordinatingCommittee(ACPECC)shallcomprise of one appointed representative fromeach Monitoring Committee (MC) of theparticipating ASEAN Member Countries.4.3.2 The functions of the ASEAN CharteredProfessional Engineer Coordinating Committee(ACPECC) shall include:4.3.2.1Facilitating the development andmaintenance of authoritative andreliableRegistersofASEANChartered Professional Engineers(ACPER);4.3.2.2Promoting the acceptance of ASEANChartered Professional Engineers(ACPEs) in each participating ASEANMember Country as possessinggeneral technical and professionalcompetence that is substantiallyequivalent to that of professionalengineers registered or licensed inthe Country of Origin;4.3.2.3Developing, monitoring, maintainingand promoting mutually acceptablestandards and criteria for facilitatingpractice by ASEANCharteredProfessionalEngineers (ACPEs)throughout the participating ASEANMember Country;12

4.3.2.4Seekingtogainagreaterunderstanding of existing barriers tosuch practice and to develop andpromotestrategiestohelpgovernments and licensing authoritiesreduce those barriers and managetheir processes in an effective andnon-discriminatory manner;4.3.2.5Through the mechanisms availablewithin ASEAN, encouraging therelevant governments and licensingauthorities to adopt and implementstreamlined procedures for grantingrights to practice to ASEAN CharteredProfessional Engineers (ACPEs);4.3.2.6Identifying and encouraging theimplementation of best practice forthe preparation and assessment ofengineers intending to practise at theprofessional level; and4.3.2.7Continuing mutual monitoring andinformation exchange by whatevermeans that are considered mostappropriate, including but not limitedto:(a)regular communication res, criteria, systems,manuals, publications and listsof recognised y Authorities (PRAs)13

when it has been notified thatanASEANCharteredProfessional Engineer (ACRE)is no longer qualified ice in the Country of Origin,has not complied with theContinuingProfessionalDevelopment (CPD) policy ofthe Country of Origin at asatisfactory level, or hasseriously violated technical,professionalorethicalstandards either in the Countryof Origin or the Host Country,whereby such violations haveledtoderegistrationorsuspension from practice orwithdrawal from the ASEANCharteredProfessionalEngineers Register (ACPER);(c)verifying the operation of theproceduresofparticipatingASEAN Member Countries; and(d)observing the open meetings ofany Professional RegulatoryAuthorities(PRAs)and/orcommissions responsible forimplementing key aspects ofthese procedures and relevantopen meetings of the governingbodies of the participatingASEAN Member Countries.4.3.3 The ASEAN Chartered Professional EngineerCoordinatingCommittee(ACPECC)may,14

whenever it deems appropriate, invite the nonparticipating ASEAN Member Countries to attendas observers to its meetings.4.3.4 The ASEAN Chartered Professional EngineerCoordinating Committee (ACPECC) shall reportits progress of work to ASEAN CoordinatingCommittee on Services (CCS).4.3.5 The administration of the ASEAN CharteredProfessional Engineer Coordinating Committee(ACPECC) shall be facilitated by a Secretariat.The establishment and funding of the Secretariatshall be decided by the ASEAN CharteredProfessional Engineer Coordinating Committee(ACPECC).4.3.6 General Meetings of the ASEAN CharteredProfessional Engineer Coordinating Committee(ACPECC) shall be held at least once in eachtwo year period to deal with applications byMonitoring Committees seeking authorisation toinitiate Registers and/or authorisation to reviewthe Guidelines on Criteria and x III). Appendix IV and other relatedguidelines, procedures and documentation, andrecommend any amendments to all theProfessional Regulatory Authorities (PRAs).ARTICLE 5MUTUAL EXEMPTION5.1. The participating ASEAN Member Countries recognisethat any arrangement, which would confer exemptionfrom further assessment by the ProfessionalRegulatory Authority (PRA) that control the right topractise in each country, could be concluded only with15

the involvement and consent of the ProfessionalRegulatory Authority (PRA) and the relevantgovernment agencies;5.2The participating ASEAN Member Countries note thatlicensing or registering authorities have statutoryresponsibility for protecting the health, safety,environment, and welfare of the community within theirjurisdictions, and may require Professional Engineersseeking the right to independent practice to submitthemselves to some form of supplemental assessment;5.3The participating ASEAN Member Countries considerthat the objectives of such assessment should be toprovide the relevant authorities with a sufficient degreeof confidence that the Professional Engineersconcerned:5.3.1 understand the general principlesapplicable codes of practice and laws;behind5.3.2 have demonstrated a capacity to apply suchprinciples safely and efficiently; and5.3.3 are familiar with other special requirementsoperating within the Host Country.ARTICLE 6AMENDMENTS6.1Any ASEAN Member Country may request in writingany amendment to all or any part of this Arrangement.6.2Unless otherwise provided by this Arrangement, theprovisions of this Arrangement may only be modifiedthrough amendments mutually agreed upon in writingby the Governments of all ASEAN Member Countries.Any such amendment agreed to shall be reduced in16

writing and shall form part of this Arrangement andshall come into force on such date as may bedetermined by all the ASEAN Member Countries.6.3Notwithstanding Article 6.2 above, the provisions inAppendices II. Ill and IV and other related guidelines,procedures and documentation may be modifiedthrough amendments mutually agreed upon in writingby all the Professional Regulatory Authorities of theparticipating ASEAN Member Countries, provided thatthe amendments shall not contradict or modify any ofthe provisions in the main text of this Arrangement. Allapproved changes shall be implemented by theASEAN Chartered Professional Engineer CoordinatingCommittee (ACPECC).6.4Any amendment agreed to under Article 6.3 shall bereduced in writing and shall form part of thisArrangement and shall come into force on such date asmay be determined by the participating ASEANMember Countries.6.5Any amendment shall not prejudice the rights andobligations arising from or based on this Arrangementprior or up to the date of such amendment.6.6In the event that any provision in Articles 1 to 8 isinconsistent with any provision in Appendices II to IV,the provision in Articles 1 to 8 shall take precedence.ARTICLE 7DISPUTE SETTLEMENTThe provisions of the ASEAN Protocol on Enhanced DisputeSettlement Mechanism, done at Vientiane, Lao PDR on the29 November 2004, shall apply to disputes concerning theinterpretation, implementation, and/or application of any ofthe provisions under this Arrangement.17

ARTICLE 8FINAL PROVISIONS8.1The terms and definitions and other provisions of theGATS and AFAS shall be referred to and shall apply tomatters arising under this Arrangement for which nospecific provision has been made herein.8.2This Arrangement shall enter into force on the date ofsignature by all ASEAN Member Countries.8.3After this Arrangement enters into force pursuant toArticle 8.2, any ASEAN Member Country which wishesto participate in this Arrangement (referred to in thisArrangement as a "participating ASEAN MemberCountry") shall notify the ASEAN Secretary-General inwriting of its effective date of participation, and theASEAN Secretary-General shall thereafter notify therest of the ASEAN Member Countries of the same.8.4Any participating ASEAN Member Country wishing tocease participation in this Arrangement shall notify theASEAN Secretary-General in writing at least twelvemonths prior to the date of its effective date of nonparticipation, and the ASEAN Secretary-General shallthereafter notify the rest of the ASEAN MemberCountries of the same.8.5This Arrangement shall be deposited with the ASEANSecretary-General, who shall promptly furnish acertified copy thereof to each ASEAN Member Country.IN WITNESS WHEREOF, the undersigned, being dulyauthorised thereto by their respective governments, havesigned this ASEAN Mutual Recognition Arrangement onEngineering Services.18

DONE at Kuala Lumpur, Malaysia, this Ninth Day ofDecember in the Year Two Thousand and Five, in a singlecopy in the English Language.For the Government of Brunei Darussalam:LIM JOCK SENGSecond Minister of Foreign Affairs and TradeFor the Royal Government of Cambodia:;HAM PRASIDHSenior Minister and Minister of CommerceFor the Government of the Republic of Indonesia:(A PANGESTUMinister of TradeFor the Government of the Lao People's Democratic Republic:SOULIVONG DARAVONGMinister of Commerce19

For the Government of Malaysia:AZIZTMinister of International Trade and IndustryFor the Government of the Union of MvanmarSOE THAMinister for National Planning and Economic DevelopmentFor the Government of the Republic of the Philippines:PETER B. FAVILASecretary of Trade and IndustryFor the Government of the Republic of Singapore:LIM HNG KIANGMinister for Trade and Industry20

For the Government of Thailand:SOMKID JATUSRIPITAKDeputy Prime Minister and Minister of CommerceFor the Government of the SocialistTRUONG IMNW TUYENMinister of Trade21

APPENDIX ILIST OF PROFESSIONAL REGULATORY AUTHORITY (PRA)ASEAN MemberCountryProfessional Regulatory Authority (PRA)Brunei DarussalamMinistry of DevelopmentCambodiaMinistry of Land Management, Urban Planning,and ConstructionIndonesiaNational Construction Services DevelopmentBoardLao PDRLao UnionAssociationMalaysiaBoard of Engineers MalaysiaMyanmarPublic WorksConstructionThe PhilippinesProfessional Regulation Commission andrelevant Professional Regulatory Boards inEngineeringSingaporeProfessional Engineers Board SingaporeThailandCouncil of EngineersViet NamMinistry of inistryof

APPENDIX IIASEAN CHARTERED PROFESSIONAL ENGINEERSGUIDELINES ON CRITERIA AND PROCEDURESThe purpose of these guidelines is to assist Monitoring Committees(MCs) of ASEAN Member Countries to develop a statement of criteriaand procedures for submission to the ASEAN Chartered ProfessionalEngineer Coordinating Committee (ACPECC). In accordance with thisArrangement, the eligibility of a Professional Engineer for designationas an ASEAN Chartered Professional Engineer (ACPE) is determinedby reference to five performance criteria, which are to be considered asa package. Some of these criteria are relatively objective in nature,while others shall require the Monitoring Committee (MC) to exercise ameasure of professional judgement, particularly in relation toexceptional Professional Engineers.These notes represent thebenchmarks against which each criterion should be considered.1.1Completed an accredited or recognised engineeringprogram, or assessed and recognised as possessing theequivalentIn order to be listed on an ASEAN Chartered ProfessionalEngineers Register (ACPER), Professional Engineers mustdemonstrate to the relevant Monitoring Committee (MC) a levelof academic achievement at, or following, completion of formaleducation substantially equivalent to that associated withsuccessful completion of:1.1.1 an engineering degree delivered and accredited inaccordance with the best practice guidelines developedby a recognised institution of each ASEAN MemberCountry; or1.1.2 an engineering program accredited by a bodyindependent of the education provider, or an examinationset by an authorised body within a country, provided thatthe accreditation criteria and procedures, or theexamination standards, as appropriate, have beensubmitted by one or more Monitoring Committees (MCs)to, and have been endorsed by the ASEAN (ACPECC).23

This approach does not restrict participation to countries inwhich engineering programs are accredited, or examinations set,by an independent professional body, and does not imply thatacceptable academic achievement can be demonstrated onlywithin the context of an engineering degree program.1.2Been assessed within their own jurisdiction as eligible forindependent practiceThe assessment may be undertaken by the MonitoringCommittee (MC) or by the Professional Regulatory Authority(PRA) within the Country of Origin.1.3Gained a minimum of seven years practical experiencesince graduationThe exact definition of practical experience shall be at thediscretion of the Monitoring Committee (MC) concerned, but thework in question should be clearly relevant to the fields ofengineering in which the Professional Engineers claim expertise.During the initial period, the Professional Engineers should haveparticipated in a range of roles and activities appropriate tothese fields of engineering. However, their roles while they arein responsible charge of significant engineering work may bemore focused.1.4Spent at least two years in responsible charge of significantengineering workThe definition of significant engineering work will vary betweenASEAN Members Countries and disciplines. As a generalguideline, the work should have required the exercise ofindependent engineering judgment, the projects or programsconcerned should have been substantial in duration, cost, orcomplexity, and the Professional Engineer should have beenpersonally accountable for their implementation. In general, aProfessional Engineer may be taken to have been in responsiblecharge of significant engineering work when they have:1.4.1 planned, designed, coordinated and executed a smallproject; or1.4.2 undertaken part of a larger project based on anunderstanding of the whole project; or24

1.4.3 undertaken novel, complex and/or multi-disciplinary work.The specified period of two years may have been completed inthe course of the seven years practical experience sincegraduation, see Appendix IV B - Example II. C - Example IIIand D - Example IV.1.5Complied with the Continuing Professional Development(CPD) policy at a satisfactory levelThe nature and extent of the required compliance withContinuing Professional Development (CPD), and the manner inwhich such compliance is audited, shall remain at the discretionof the Monitoring Committee (MC) concerned, but should reflectthe prevailing norms for such compliance by ProfessionalEngineers within the ASEAN Member Countries.1.6Registered ASEAN Chartered Professional(ACPE) must agree to the following:Engineers1.6.1 Codes of professional conduct.All ProfessionalEngineers seeking registration as ASEAN CharteredProfessional Engineers (ACPEs) must also agree to bebound by local and international codes of professionalconduct and with the policy on ethics and conductsestablished and enforced by the Country of Origin and byany other jurisdiction within which they are practising.Such codes normally include requirements thatProfessional Engineers place

ASEAN Chartered Professional Engineer (ACPE). An ASEAN Chartered Professional Engineer (ACPE) shall practise engineering only in the specific discipline or disciplines in which he/she has been adjudged to be competent under this Arrangement. 3.3 Eligibility of an ASEAN Chartered Professional Enginee