Australian Govt barring return of citizens, PRs violates ASEAN-Australia-New Zealand Free Trade Area (AANZFTA)- Movement of Natural Persons provisions cannot work when parties prevent their own citizens & permanent residents from returning; Australia and its leaders will be seen to be shifty, untrustworthy

 by Ganesh Sahathevan 

Chapter 9 of the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) Agreement of 2009 provides for the Movement Of People. The clauses in that chapter all concern the entry past the borders of the  parties, but say nothing about the duty of parties to ensure that their citizens are not hindered from returning to their home states. 

It is unlikely that the  Australian Government's decision to  prevent its own  citizens and permanent residents from returning home was ever contemplated by any of the parties to the agreement, and one suspects that if it had been contemplated, no party to the agreement would have ever agreed to accept anyone travelling on an Australian passport. 

Therefore, while Australian Government lawyers may take some comfort in the fact that the AANZFTA Agreement does not oblige Australia to do everything possible to not hinder the return of its own travellers, the conduct of the Australian Government would be seen to be shifty, and  Australian leaders untrustworthy. Entering into any type of agreement with Australia would be.considered a risky proposition, given a tendency to flout international norms and protocols in order to further domestic political agenda.

For the reasons above and those described below, any  ASEAN member state, including Singapore, could regard Australia to have breached the AANZFTA Agreement, as well as FTAs and other bilateral agreements entered into with Australia that provide for the movement of people. 

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Sunday, July 11, 2021

Australian Govt may have breached Singapore-Australia Free Trade Agreement, even as Trade Minister Tehan comes calling- Australian Govt barring return of citizens, PRs violates SAFTA clauses on the movement of persons

 by Ganesh Sahathevan 

Article 2, clause  11 of the Singapore-Australia Free Trade Agreement, titled the MOVEMENT OF NATURAL PERSONS, states: 

11 MOVEMENT OF NATURAL PERSONS

Section 1: Short-Term Temporary Entry 

ARTICLE 2 Business Visitors 

A Party shall grant temporary entry to a business visitor of the other Party who otherwise meets its criteria for the grant of an immigration formality for a period of up to three months.

In hindering, by the use of administrative instruments,  the return to Australia of its own citizens and permanent residents  (see story below) the Australian Government has in effect violated the above Article for the instruments can cause Australian business people to have to stay in Singapore for a period greater than three months, possibly in violation of Singapore's immigration laws. 

In fact, information of the Australian High Commission Singapore website seems to indicate that the Australian Government is attempting to use its citizens and permanent residents to pressure Singapore Immigration And Checkpoints Authority (ICA) into circumventing Singapore's laws. 

Protocol and the above SAFTA clause and article require that the Australian Government resolve any issues relating to the movement of people between the two countries on a government-to-government basis. In this instance however the Australian Government seems to think that it can evade agreements and protocol by deploying its citizens and permanent residents desperate to get home. 

All this while Australia's Trade and Tourism Minister Dan Tehan arrives in Singapore for formal discussions to promote trade and tourism. 

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Dear PM Lee, Australia would be obliged if you would remove any barriers to trade between our countries, and bear the cost of keeping Australians stranded in Singapore because we will lose votes by letting them return-Sincerely, Dan Tehan Minister for Trade & Tourism , Cth Of Australia