Page 291 - Regional Comprehensive Economic Partnership (RCEP)

under the applicable paragraphs in Article 8.4 (National suppliers, subject to its non-conforming measures as provided in
Treatment) and Article 8.5 (Market Access), and shall also make Article 8.8 (Schedules of Non-Conforming Measures).
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commitments under either Article 8.6 (Most-Favoured-Nation
Treatment) or Article 8.10 (Transparency List). A Party making 3. A Party may meet the requirement under paragraph 1 or 2 by
commitments in accordance with Article 8.7 (Schedules of according to services and service suppliers of any other Party,
Specific Commitments) may also make commitments under either formally identical treatment or formally different treatment
Article 8.9 (Additional Commitments). to that it accords to its own like services and service suppliers.

3. A Party making commitments in accordance with Article 8.8 4. Formally identical or formally different treatment shall be
(Schedules of Non-Conforming Measures) shall make considered to be less favourable if it modifies the conditions of
commitments under the applicable paragraphs in Article 8.4 competition in favour of services or service suppliers of the Party
(National Treatment), Article 8.5 (Market Access), Article 8.6 compared to like services or service suppliers of any other Party.
(Most-Favoured-Nation Treatment), and Article 8.11 (Local
Presence). A Party making commitments in accordance with
Article 8.8 (Schedules of Non-Conforming Measures) may also Article 8.5: Market Access
make commitments under Article 8.9 (Additional Commitments).
1. With respect to market access through the modes of supply
4. Notwithstanding paragraph 2, Least Developed Country Parties identified in subparagraph (r) of Article 8.1 (Definitions), a Party
which are Member States of ASEAN making commitments in making commitments in accordance with Article 8.7 (Schedules
accordance with Article 8.7 (Schedules of Specific Commitments) of Specific Commitments) shall accord services and service
are not obliged to make commitments under either Article 8.6 suppliers of any other Party treatment no less favourable than that
(Most-Favoured-Nation Treatment) or Article 8.10 (Transparency provided for under the terms, limitations, and conditions agreed
List). These Parties may, however, do so on a voluntary basis. and specified in its Schedule in Annex II (Schedules of Specific
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Commitments for Services).

Article 8.4: National Treatment 2. The measures which a Party shall not adopt or maintain either on
the basis of a regional subdivision or on the basis of its entire
1. A Party making commitments in accordance with Article 8.7 territory, either in sectors where market access commitments are
(Schedules of Specific Commitments) shall, in the sectors undertaken and in accordance with its specific commitments, as
inscribed in its Schedule in Annex II (Schedules of Specific provided in Article 8.7 (Schedules of Specific Commitments), or
Commitments for Services) and subject to any conditions and subject to its non-conforming measures, as provided in the Article
qualifications set out therein, accord to services and service 8.8 (Schedules of Non-Confirming Measures), are defined as:
suppliers of any other Party, in respect of all measures affecting
the supply of services, treatment no less favourable than that it (a) limitations on the number of service suppliers whether in
accords to its own like services and service suppliers. the form of numerical quotas, monopolies, exclusive
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2. A Party making commitments in accordance with Article 8.8
(Schedules of Non-Conforming Measures) shall accord to 6 Nothing in this Article shall be construed to require any Party to compensate for any
services and service suppliers of any other Party, in respect of all inherent competitive disadvantages which result from the foreign character of the
measures affecting the supply of services, treatment no less relevant services or service suppliers.

favourable than that it accords to its own like services and service 7 If a Party undertakes a market-access commitment in relation to the supply of a
service through the mode of supply referred to in subparagraph (r)(i) of Article 8.1
(Definitions) and if the cross-border movement of capital is an essential part of the
5 Specific commitments assumed under this Article shall not be construed to require service itself, that Party is thereby committed to allow such movement of capital. If a
any Party to compensate for any inherent competitive disadvantages which result from Party undertakes a market-access commitment in relation to the supply of a service
the foreign character of the relevant services or service suppliers. through the mode of supply referred to in subparagraph (r)(iii) of Article 8.1
(Definitions), it is thereby committed to allow related transfers of capital into its territory.

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