Page 356 - Regional Comprehensive Economic Partnership (RCEP)

(ii) if the requirement is imposed or enforced by a court,
administrative tribunal, or competition authority to
remedy a practice determined after judicial or
administrative process to be anti-competitive under
the Party’s competition laws and regulations.

(c) Subparagraph 1(h) shall not apply if the requirement is
imposed or enforced by a tribunal or competent authority
as equitable remuneration under the Party’s copyright laws
and regulations.

(d) Subparagraphs 1(a) through (c), 2(a), and 2(b) shall not
apply to qualification requirements for goods with respect
to export promotion and foreign aid programmes.

(e) Subparagraphs 2(a) and (b) shall not apply to requirements
imposed by an importing Party relating to the content of
goods necessary to qualify for preferential tariffs or
preferential quotas.

4. For greater certainty, paragraphs 1 and 2 shall not apply to any
requirement other than those set out in those paragraphs.

Article 10.7: Senior Management and Board of Directors

1. No Party shall require that a juridical person of that Party that is a
covered investment appoint to a senior management position a
natural person of any particular nationality.

2. A Party may require that a majority of the board of directors, or
any committee thereof, of a juridical person of that Party that is a
covered investment, be of a particular nationality or resident in the
territory of that Party, provided that the requirement does not
materially impair the ability of the investor to exercise control over
its investment.

Article 10.8: Reservations and Non-Conforming Measures

1. Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-
Nation Treatment), Article 10.6 (Prohibition of Performance
Requirements), and Article 10.7 (Senior Management and Board
of Directors) shall not apply to:

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