Page 309 - Regional Comprehensive Economic Partnership (RCEP)

Article 8.19: Payments and Transfers Article 8.21: Safeguard Measures

1. Except under the circumstances envisaged in Article 17.15 1. The Parties shall review the incorporation of safeguard measures
(Measures to Safeguard the Balance of Payments), a Party shall pending any further developments in the multilateral fora pursuant
not apply restrictions on international transfers or payments for to Article X of GATS.
current transactions relating to its commitments.
2. In the event that a Party encounters difficulties in the
2. Nothing in this Chapter shall affect the rights and obligations of a implementation of its commitments under this Chapter, that Party
Party as a member of the IMF under the IMF Articles of may request consultations with the other Parties to address such
Agreement, as may be amended, including the use of exchange difficulties.
actions which are in conformity with the IMF Articles of
Agreement, as may be amended, provided that the Party shall not
impose restrictions on any capital transaction inconsistently with Article 8.22: Subsidies
its commitments under this Chapter regarding such transactions,
except under Article 17.15 (Measures to Safeguard the Balance 1. Notwithstanding paragraph 3(b) of Article 8.2 (Scope), the Parties
of Payments) or on request of the IMF. shall review the issue of disciplines on subsidies related to trade
in services in light of any disciplines agreed under Article XV of
GATS with a view to their incorporation into this Chapter.
Article 8.20: Denial of Benefits
2. A Party which considers that it is adversely affected by a subsidy
1. A Party may deny the benefits of this Chapter: of another Party related to trade in services may request
consultations with that other Party on such matters. The
(a) to the supply of any service, if it establishes that the service requested Party shall accord sympathetic consideration to such a
is supplied from or in the territory of a non-Party; request.

(b) to a service supplier that is a juridical person, if it 3. No Party shall have recourse to dispute settlement under Chapter
establishes that it is not a service supplier of another Party; 19 (Dispute Settlement) for any request made or consultations
held under this Article, or any other dispute arising under this
(c) in the case of the supply of a maritime transport service, if Article.
it establishes that the service is supplied:

(i) by a vessel registered under the laws and Article 8.23: Increasing Participation of Least Developed Country
regulations of a non-Party; and Parties which are Member States of ASEAN

(ii) by a person of a non-Party which operates or uses To increase the participation of Least Developed Country Parties which
the vessel in whole or in part. are Member States of ASEAN, this Chapter shall facilitate:

2. A Party may deny the benefit of this Chapter to a service supplier (a) strengthening their domestic services capacity and their
of another Party, if the service supplier is a juridical person owned efficiency and competitiveness, inter alia, through access
or controlled by persons of a non-Party, and the denying Party to technology on a commercial basis;
adopts or maintains measures with respect to the non-Party or a
person of the non-Party that prohibit transactions with the juridical (b) improving their access to distribution channels and
person or that would be violated or circumvented if the benefits of information networks; and
this Chapter were accorded to the juridical person.

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