Page 343 - Regional Comprehensive Economic Partnership (RCEP)

CHAPTER 9
3. Nothing in this Agreement shall prevent a Party from applying
TEMPORARY MOVEMENT OF NATURAL PERSONS measures to regulate the entry of natural persons of another Party
into, or their temporary stay in, its territory, including those
measures necessary to protect the integrity of, and to ensure the
Article 9.1: Definitions orderly movement of natural persons across, its borders, provided
that those measures are not applied in a manner as to nullify or
For the purposes of this Chapter: impair the benefits accruing to any Party under this Chapter.

(a) immigration formality means a visa, permit, pass, or 4. The sole fact that a Party requires natural persons of another
other document, or electronic authority, granting temporary Party to obtain an immigration formality shall not be regarded as
entry; nullifying or impairing the benefits accruing to any Party under this
Chapter.
(b) natural person of a Party means a natural person of a
Party as defined in subparagraph (i) of Article 8.1
(Definitions); and Article 9.3: Spouses and Dependants

(c) temporary entry means entry by a natural person of a Each Party may make commitments on spouses or dependants in its
Party as covered by this Chapter without the intent to Schedule in Annex IV (Schedules of Specific Commitments on
establish permanent residence. Temporary Movement of Natural Persons).

Article 9.2: Scope Article 9.4: Grant of Temporary Entry

1. This Chapter shall apply, as set out in each Party’s Schedule in 1. Each Party shall, in accordance with its Schedule in Annex IV
Annex IV (Schedules of Specific Commitments on Temporary (Schedules of Specific Commitments on Temporary Movement of
Movement of Natural Persons), to measures by that Party Natural Persons), grant temporary entry or extension of
affecting the temporary entry of natural persons of another Party temporary stay in accordance with this Chapter to natural persons
into the territory of the Party, where such persons are engaged in of another Party, provided that those natural persons:
trade in goods, the supply of services, or the conduct of
investment. Such persons shall include one or more of the (a) follow prescribed application procedures for the
following: immigration formality sought; and

(a) business visitors; (b) meet all relevant eligibility requirements for temporary
entry into, or extension of temporary stay in, the granting
(b) intra-corporate transferees; or Party.

(c) other categories as may be specified in each Party’s 2. In accordance with its laws and regulations, any fees imposed by
Schedule in Annex IV (Schedules of Specific a Party in respect of the processing of an immigration formality
Commitments on Temporary Movement of Natural shall be reasonable in that they do not, in themselves, represent
Persons). an unjustifiable impediment to the movement of natural persons
of another Party under this Chapter.
2. This Chapter shall not apply to measures affecting natural
persons seeking access to the employment market of a Party, nor 3. A Party may deny temporary entry or extension of temporary stay
shall it apply to measures regarding nationality, citizenship, to any natural person of another Party who does not comply with
residence or employment on a permanent basis. subparagraph 1(a) or (b).

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