Page 357 - Regional Comprehensive Economic Partnership (RCEP)

(ii) if the requirement is imposed or enforced by a court, (a) any existing non-conforming measure that is maintained by
administrative tribunal, or competition authority to a Party at:
remedy a practice determined after judicial or
administrative process to be anti-competitive under (i) the central level of government, as set out by that
the Party’s competition laws and regulations. Party in List A of its Schedule in Annex III
(Schedules of Reservations and Non-Conforming
(c) Subparagraph 1(h) shall not apply if the requirement is Measures for Services and Investment);
imposed or enforced by a tribunal or competent authority
as equitable remuneration under the Party’s copyright laws (ii) a regional level of government, as set out by that
and regulations. Party in List A of its Schedule in Annex III
(Schedules of Reservations and Non-Conforming
(d) Subparagraphs 1(a) through (c), 2(a), and 2(b) shall not Measures for Services and Investment); or
apply to qualification requirements for goods with respect
to export promotion and foreign aid programmes. (iii) a local level of government;

(e) Subparagraphs 2(a) and (b) shall not apply to requirements (b) the continuation or prompt renewal of any non-conforming
imposed by an importing Party relating to the content of measure referred to in subparagraph (a); and
goods necessary to qualify for preferential tariffs or
preferential quotas. (c) an amendment to any non-conforming measure referred to
in subparagraph (a) to the extent that the amendment does
4. For greater certainty, paragraphs 1 and 2 shall not apply to any not decrease the conformity of the measure:
requirement other than those set out in those paragraphs.
(i) for Cambodia, Indonesia, Lao PDR, Myanmar, and
the Philippines, as it existed at the date of entry into
Article 10.7: Senior Management and Board of Directors force of this Agreement; and

1. No Party shall require that a juridical person of that Party that is a (ii) for Australia, Brunei, China, Japan, Korea,
covered investment appoint to a senior management position a Malaysia, New Zealand, Singapore, Thailand, and
natural person of any particular nationality. Viet Nam, as it existed immediately before the
amendment,
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 with Article 10.3 (National Treatment), Article 10.4 (Most-
covered investment, be of a particular nationality or resident in the Favoured-Nation Treatment), Article 10.6 (Prohibition of
territory of that Party, provided that the requirement does not Performance Requirements), and Article 10.7 (Senior
materially impair the ability of the investor to exercise control over Management and Board of Directors).
its investment.
2. Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-
Nation Treatment), Article 10.6 (Prohibition of Performance
Article 10.8: Reservations and Non-Conforming Measures Requirements), and Article 10.7 (Senior Management and Board
of Directors) shall not apply to any measure that a Party adopts
1. Article 10.3 (National Treatment), Article 10.4 (Most-Favoured- or maintains with respect to sectors, subsectors, or activities, as
Nation Treatment), Article 10.6 (Prohibition of Performance set out by that Party in List B of its Schedule in Annex III
Requirements), and Article 10.7 (Senior Management and Board (Schedules of Reservations and Non-Conforming Measures for
of Directors) shall not apply to: Services and Investment).

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