Page 297 - Regional Comprehensive Economic Partnership (RCEP)

Article 8.9: Additional Commitments amending its measures referred to in paragraph 1. If there are
any discrepancies between a Party’s Transparency List and its
1. The Parties may negotiate commitments with respect to Schedule in Annex II (Schedules of Specific Commitments for
measures affecting trade in services, including those regarding Services), the latter shall prevail.
qualifications, standards, or licensing matters, not subject to
scheduling, under: 3. Each Transparency List shall include the following elements:

(a) Article 8.4 (National Treatment) or Article 8.5 (Market (a) the sector and subsector or activity;
Access) for those Parties making commitments in
accordance with Article 8.7 (Schedules of Specific (b) the type of inconsistency (National Treatment or Market
Commitments); or Access);

(b) Article 8.4 (National Treatment), Article 8.5 (Market (c) the legal source or authority of the measure; and
Access), Article 8.6 (Most-Favoured-Nation Treatment), or
Article 8.11 (Local Presence) for those Parties making (d) a succinct description of the measure.
commitments in accordance with Article 8.8 (Schedules of
Non-Conforming Measures). 4. A Party shall update, as necessary, its Transparency List to
ensure it is complete and accurate by:
2. A Party making additional commitments under subparagraph 1(a)
shall inscribe such commitments in its Schedule in Annex II (a) adding any new or amended inconsistent measure; or
(Schedules of Specific Commitments for Services).
(b) removing any measure that has ceased to exist, or any
3. A Party making additional commitments under subparagraph 1(b) sector, subsector, or activity for which it no longer
shall inscribe such commitments in List C of its Schedule in Annex maintains an inconsistent measure.
III (Schedules of Reservations and Non-Conforming Measures for
Services and Investment). 5. No Party shall have recourse to dispute settlement under Chapter
19 (Dispute Settlement) for any dispute or matter of interpretation
arising out of a Transparency List.
Article 8.10: Transparency List

1. A Party making commitments in accordance with Article 8.7 Article 8.11: Local Presence
(Schedules of Specific Commitments) that opts under paragraph
2 of Article 8.3 (Scheduling of Commitments) to make A Party making commitments in accordance with Article 8.8 (Schedules
commitments under this Article shall prepare, forward to the other of Non-Conforming Measures) shall not require a service supplier of
Parties, and make publicly available on the internet, a non-binding another Party to establish or maintain a representative office, a branch,
transparency list of its existing measures maintained at the central or any form of juridical person, or to be resident, in its territory as a
government level which are inconsistent with Article 8.4 (National condition for the supply of a service as described in subparagraph (r)(i),
Treatment) or Article 8.5 (Market Access) (hereinafter referred to (ii), or (iv) of Article 8.1 (Definitions), subject to its non-conforming
as “Transparency List” in this Chapter). Such a Transparency List measures as provided in Article 8.8 (Schedules of Non-Conforming
shall cover the sectors in which the Party has undertaken specific Measures).
commitments in this Chapter.

2. A Party’s Transparency List is made solely for the purposes of Article 8.12: Transition
transparency, and shall be accurate at the time of submission and
shall not affect the rights and obligations of that Party under this 1. A Party making commitments in accordance with Article 8.7
Chapter. Nothing in this Article shall prevent a Party from (Schedules of Specific Commitments) (hereinafter referred to as

8-13 8-14