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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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