Page 289 - Regional Comprehensive Economic Partnership (RCEP)

(iv) by a service supplier of one Party, through presence (c) services supplied in the exercise of governmental
of natural persons of a Party in the territory of any authority;
other Party; and
(d) cabotage in maritime transport services; and
(s) traffic rights means the rights for scheduled and non-
scheduled services to operate or carry passengers, cargo, (e) air transport services, measures affecting traffic rights
and mail for remuneration or hire from, to, within, or over however granted, or measures affecting services directly
the territory of a Party, including points to be served, routes related to the exercise of traffic rights, other than measures
4
to be operated, types of traffic to be carried, capacity to be affecting:
provided, tariffs to be charged, and their conditions, and
criteria for designation of airlines, including such criteria as (i) aircraft repair and maintenance services;
number, ownership, and control.
(ii) the selling and marketing of air transport services;

Article 8.2: Scope (iii) computer reservation system services;

1. This Chapter shall apply to measures by a Party affecting trade in (iv) specialty air services;
services.
(v) ground handling services; and
2. For the purposes of this Chapter, “measures by a Party” means
measures taken by: (vi) airport operation services.

(a) central, regional, or local governments and authorities of 4. This Chapter shall not apply to measures affecting natural
that Party; and persons seeking access to the employment market of a Party, nor
shall it apply to measures regarding nationality, citizenship,
(b) non-governmental bodies in the exercise of powers residence or employment on a permanent basis.
delegated by central, regional, or local governments or
authorities of that Party. 5. For greater certainty, Annex 8A (Financial Services), Annex 8B
(Telecommunications Services), and Annex 8C (Professional
In fulfilling its obligations and commitments under this Chapter, Services) are an integral part of this Chapter.
each Party shall take such reasonable measures as may be
available to it to ensure their observance by regional and local
governments and authorities and non-governmental bodies within Article 8.3: Scheduling of Commitments
its territory.
1. Each Party shall make commitments under Article 8.4 (National
3. This Chapter shall not apply to: Treatment) and Article 8.5 (Market Access) in accordance with
either Article 8.7 (Schedules of Specific Commitments) or Article
(a) government procurement; 8.8 (Schedules of Non-Conforming Measures).

(b) subsidies or grants, including government-supported 2. A Party making commitments in accordance with Article 8.7
loans, guarantees, and insurance, provided by a Party or (Schedules of Specific Commitments) shall make commitments
to any conditions attached to the receipt or continued
receipt of such subsidies or grants, whether or not such
subsidies or grants are offered exclusively to domestic 4 Notwithstanding subparagraphs (iv) through (vi), this Chapter shall apply to measures
services, service consumers, or service suppliers; affecting specialty air services, ground handling services, and airport operation
services only for a Party that opts to make commitments in relation to such services in
accordance with Article 8.3 (Scheduling of Commitments).

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