Page 287 - Regional Comprehensive Economic Partnership (RCEP)

(i) is a national of that Party; or
(i) from or in the territory of that other Party, or in the
1
(ii) has the right of permanent residence in that Party, case of maritime transport, by a vessel registered
in the case of a Party which accords substantially under the laws and regulations of that other Party,
the same treatment to its permanent residents as it or by a person of that other Party which supplies the
does to its nationals in respect of measures service through the operation of a vessel or its use
affecting trade in services, provided no Party is in whole or in part; or
obligated to accord to such permanent residents
treatment more favourable than would be accorded (ii) in the case of the supply of a service through
by that Party to such permanent residents; commercial presence or through the presence of
natural persons, by a service supplier of that other
(j) sector of a service means: Party;

(i) with reference to a commitment, one or more, or all, (o) service supplied in the exercise of governmental
subsectors of that service, as specified in a Party’s authority means any service which is supplied neither on
Schedule in Annex II (Schedules of Specific a commercial basis nor in competition with one or more
Commitments for Services) or Schedule in Annex III service suppliers;
(Schedules of Reservations and Non-Conforming
Measures for Services and Investment); and (p) service supplier means a person that supplies a
service: 2, 3
(ii) otherwise, the whole of that service sector,
including all of its subsectors; (q) supply of a service includes the production, distribution,
marketing, sale, and delivery of a service;
(k) selling and marketing of air transport services means
opportunities for the air carrier concerned to sell and (r) trade in services means the supply of a service:
market freely its air transport services including all aspects
of marketing such as market research, advertising, and (i) from the territory of one Party into the territory of any
distribution. These activities do not include the pricing of other Party;
air transport services nor the applicable conditions;
(ii) in the territory of one Party to the service consumer
(l) services includes any service in any sector except of any other Party;
services supplied in the exercise of governmental
authority; (iii) by a service supplier of one Party, through
commercial presence in the territory of any other
(m) service consumer means any person that receives or Party;
uses a service;

(n) service of another Party means a service which is
supplied: 2 Where the service is not supplied directly by a juridical person but through other forms
of commercial presence such as a branch or a representative office, the service
supplier (i.e. the juridical person) shall, nonetheless, through such presence be
1 Where a Party has made a reservation with respect to permanent residents in its accorded the treatment provided for service suppliers under this Agreement. Such
Schedules in Annex II (Schedules of Specific Commitments for Services), Annex III treatment shall be extended to the presence through which the service is supplied and
(Schedules of Reservations and Non-Conforming Measures for Services and need not be extended to any other parts of the supplier located outside the territory
Investment), or Annex IV (Schedules of Specific Commitments on Temporary where the service is supplied.
Movement of Natural Persons), that reservation shall not prejudice that Party’s rights
and obligations in GATS. 3 The Parties confirm their shared understanding that “service supplier” in this Chapter
has the same meaning that it has under subparagraph (g) of Article XXVIII of GATS.

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