Page 354 - Regional Comprehensive Economic Partnership (RCEP)

territory of an investor of any other Party, any of the following
requirements:
21

(a) to export a given level or percentage of goods;

(b) to achieve a given level or percentage of domestic content;

(c) to purchase, use, or accord a preference to goods
produced in its territory, or to purchase goods from persons
in its territory;

(d) to relate the volume or value of imports to the volume or
value of exports or to the amount of foreign exchange
inflows associated with investments of that investor;

(e) to restrict sales of goods in its territory that such
investments produce by relating such sales to the volume
or value of its exports or foreign exchange earnings;

(f) to transfer a particular technology, a production process, or
other proprietary knowledge to a person in its territory;

(g) to supply exclusively from the territory of the Party the
goods that such investments produce to a specific regional
market or to the world market; or

(h) to adopt a given rate or amount of royalty under a licence
contract, in regard to any licence contract in existence at
the time the requirement is imposed or enforced, or any
future licence contract freely entered into between the
investor and a person in its territory, provided that the
requirement is imposed or enforced in a manner that
constitutes direct interference with that licence contract by
an exercise of non-judicial governmental authority of a
22
Party. For greater certainty, this subparagraph does not
apply when the licence contract is concluded between the
investor and a Party.

21 For greater certainty, each Party may maintain existing measures or adopt new or
more restrictive measures that do not conform with obligations under this Article, as set
out in List A and List B of its Schedule in Annex III (Schedules of Reservations and
Non-Conforming Measures for Services and Investment).

22 For the purposes of this subparagraph, a “licence contract” means any contract
concerning the licensing of technology, a production process, or other proprietary
knowledge.

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