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Article 9.8: Cooperation CHAPTER 10
The Parties may discuss mutually agreed areas of cooperation to further INVESTMENT
facilitate the temporary entry and temporary stay of natural persons of
the other Parties, which shall take into consideration areas proposed by
the Parties during the course of negotiations or other areas as may be Article 10.1: Definitions
identified by the Parties.
For the purposes of this Chapter:
Article 9.9: Dispute Settlement (a) covered investment means, with respect to a Party, an
investment in its territory of an investor of another Party in
1. Parties shall endeavour to settle any differences arising out of the existence as of the date of entry into force of this
implementation of this Chapter through consultations. Agreement or established, acquired, or expanded
thereafter, and which, where applicable, has been
2. No Party shall have recourse to dispute settlement under Chapter admitted 1, 2 by the host Party, subject to its relevant laws,
19 (Dispute Settlement) regarding a refusal to grant temporary regulations, and policies;
3
entry unless:
(b) freely usable currency means a freely usable currency as
(a) the matter involves a pattern of practice; and determined by the IMF under the IMF Articles of
Agreement as may be amended;
(b) the natural persons affected have exhausted all available
administrative remedies regarding the particular matter. (c) investment means every kind of asset that an investor
owns or controls, directly or indirectly, and that has the
3. For the purposes of subparagraph 2(b), the administrative characteristics of an investment, including such
remedies shall be deemed to be exhausted if a final determination characteristics as the commitment of capital or other
in the matter has not been issued by the other Party within a resources, the expectation of gains or profits, or the
reasonable period of time after the date of institution of the assumption of risk. Forms that an investment may take
proceedings for the remedy, including any proceedings for review include:
or appeal, and the failure to issue such a determination is not
attributable to delays caused by the natural persons concerned. (i) shares, stocks, and other forms of equity
participation in a juridical person, including rights
derived therefrom;
1 For Malaysia and Thailand, protection under this Chapter shall be accorded to
covered investments which, where applicable, have been specifically approved in
writing for protection by their respective competent authorities in accordance with their
respective laws, regulations, and policies.
2 For Cambodia, Indonesia, and Viet Nam, “has been admitted” means “has been
specifically registered or approved in writing, as the case may be”.
3 For the purposes of this definition, “policies” means those policies affecting an
investment that are endorsed and announced by the government of a Party in a written
form and made publicly available in a written form.
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