Page 285 - Regional Comprehensive Economic Partnership (RCEP)

CHAPTER 8
(ii) in the case of the supply of a service through
TRADE IN SERVICES commercial presence, owned or controlled by:

(A) natural persons of that Party; or
Article 8.1: Definitions
(B) juridical persons of that Party identified under
For the purposes of this Chapter: subparagraph (e)(i);

(a) aircraft repair and maintenance services means such (f) For Thailand and Viet Nam, a juridical person is:
activities when undertaken on an aircraft or a part thereof
while it is withdrawn from service and does not include so- (i) owned by persons of a Party if more than 50 per
called line maintenance; cent of the equity interest in it is beneficially owned
by persons of that Party;
(b) commercial presence means any type of business or
professional establishment, including through: (ii) controlled by persons of a Party if such persons
have the power to name a majority of its directors or
(i) the constitution, acquisition, or maintenance of a otherwise to legally direct its actions;
juridical person; or
(iii) affiliated with another person when it controls, or is
(ii) the creation or maintenance of a branch or a controlled by, that other person, or when it and the
representative office, other person are both controlled by the same
person;
within the territory of a Party for the purpose of supplying a
service; (g) measures by a Party affecting trade in services
includes measures in respect of:
(c) computer reservation system services means services
provided by computerised systems that contain information (i) the purchase or use of, or payment for, a service;
about air carriers’ schedules, availability, fares, and fare
rules, through which reservations can be made or tickets (ii) the access to and use of, in connection with the
may be issued; supply of a service, services which are required by
a Party to be offered to the public generally; and
(d) juridical person means any entity duly constituted or
otherwise organised under applicable law, whether for (iii) the presence, including commercial presence, of
profit or otherwise, and whether privately-owned or persons of a Party for the supply of a service in the
government-owned, including any corporation, trust, territory of another Party;
partnership, joint venture, sole proprietorship, or
association; (h) monopoly supplier of a service means any person,
public or private, which in the relevant market of the
(e) juridical person of a Party means a juridical person which territory of a Party is authorised or established formally or
is either: in effect by that Party as the sole supplier of that service;

(i) constituted or otherwise organised under the law of (i) natural person of a Party means a natural person who
that Party, and is engaged in substantive business resides in the territory of that Party or elsewhere and who
operations in the territory of that Party or any other under the law of that Party:
Party; or

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