Page 303 - Regional Comprehensive Economic Partnership (RCEP)

Article 8.14: Transparency (b) any new, or any changes to existing, laws, regulations or
administrative guidelines which significantly affect trade in
1. The Parties recognise that transparent measures governing trade services.
in services are important in facilitating the ability of service
suppliers to gain access to, and operate in, each other’s markets.
Each Party shall promote regulatory transparency in trade in Article 8.15: Domestic Regulation
services.
1. Each Party shall ensure that all measures of general application
2. Each Party shall publish promptly and, except in emergency affecting trade in services are administered in a reasonable,
situations, at the latest by the time of their entry into force: objective, and impartial manner.

(a) all relevant measures of general application affecting trade 2. Each Party shall maintain or institute as soon as practicable
in services; and judicial, arbitral, or administrative tribunals or procedures which
provide, on request of an affected service supplier, for the prompt
(b) all international agreements pertaining to or affecting trade review of, and where justified, appropriate remedies for,
in services to which a Party is a signatory. administrative decisions affecting trade in services. Where such
procedures are not independent of the agency entrusted with the
3. To the extent possible, each Party shall make the measures and administrative decision concerned, the Party shall ensure that the
international agreements referred to in paragraph 2 publicly procedures in fact provide for an objective and impartial review.
available on the internet and, to the extent provided under its legal
framework, in the English language. 3. Nothing in paragraph 2 shall be construed to require a Party to
institute such tribunals or procedures where this would be
4. Where publication referred to in paragraphs 2 and 3 is not inconsistent with its constitutional structure or the nature of its
12
practicable, such information shall be made otherwise publicly legal system.
available.
4. If the results of the negotiations related to paragraph 4 of Article
5. Each Party shall designate a contact point to facilitate VI of GATS enter into effect, the Parties shall review the results
communications among the Parties on any matter covered by this of such negotiations and shall amend this Article as appropriate,
Chapter. On request of another Party, the contact point shall: after consultation among the Parties to bring the results of such
negotiations into effect under this Chapter.
(a) identify the office or official responsible for the relevant
matter; and 5. With a view to ensuring that measures relating to qualification
requirements and procedures, technical standards, and licensing
(b) assist as necessary in facilitating communications with the requirements do not constitute unnecessary barriers to trade in
requesting Party with respect to that matter. services, while recognising the right to regulate and to introduce
new regulations on the supply of services in order to meet its
6. Each Party shall respond promptly to any request by any other policy objectives, each Party shall endeavour to ensure that any
Party for specific information on: such measures that it adopts or maintains are:

(a) any measures referred to in subparagraph 2(a) or (a) based on objective and transparent criteria, such as
international agreements referred to in subparagraph 2(b); competence and the ability to supply the service;
and
(b) not more burdensome than necessary to ensure the quality
of the service; and

12 For greater certainty, such information may be published in each Party’s chosen
language.

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