Page 350 - Regional Comprehensive Economic Partnership (RCEP)

branch located in the territory of that Party and carrying out
business activities there;
13, 14, 15

(h) measure by a Party means any measure adopted or
maintained by:

(i) central, regional, or local governments and
authorities of that Party; and

(ii) non-governmental bodies in the exercise of powers
delegated by central, regional, or local governments
or authorities of that Party; and

(i) natural person of a Party means, for the purposes of
subparagraph (e), a natural person who under the law of
that Party:

(i) is a national or citizen of that Party; or

(ii) has the right of permanent residence in that Party,
where both that Party and another Party recognise
permanent residents and accord substantially the
same treatment to their respective permanent
residents as they accord to their respective
nationals in respect of measures affecting
investment.

Article 10.2: Scope

1. This Chapter shall apply to measures adopted or maintained by a
Party relating to:

(a) investors of another Party; and

(b) covered investments.

13 For greater certainty, a branch of a juridical person does not have any right to make
any claim against any Party under this Agreement.

14 For greater certainty, the inclusion of a “branch” in the definition of “juridical person
of a Party” is without prejudice to a Party’s ability to treat a branch under its law as an
entity that has no independent legal existence and is not separately organised.

15 A branch of a legal entity of a non-Party shall not be considered as a juridical person
of a Party.

10-4