Page 358 - Regional Comprehensive Economic Partnership (RCEP)

3. Notwithstanding subparagraph 1(c)(ii), for five years after the date
of entry into force of this Agreement, 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 an amendment to any non-conforming measure referred
to in subparagraph 1(a) to the extent that the amendment does
not decrease the conformity of the measure as it existed at the
date of entry into force of this Agreement with 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).

4. No Party shall, under any measure adopted after the date of entry
into force of this Agreement and covered by List B of its Schedule
in Annex III (Schedules of Reservations and Non-Conforming
Measures for Services and Investment), require an investor of
another Party, by reason of its nationality, to sell or otherwise
dispose of an investment that exists at the time the measure
becomes effective, unless otherwise specified in the initial
approval by the relevant authorities.

5. Article 10.3 (National Treatment) and Article 10.4 (Most-
Favoured-Nation Treatment) shall not apply to any measure that
falls within Article 5 of the TRIPS Agreement, and any measure
that is covered by an exception to, or derogation from, the
obligations imposed by Article 11.7 (National Treatment), or
imposed by Article 3 or 4 of the TRIPS Agreement.

Article 10.9: Transfers

1. Each Party shall allow all transfers relating to a covered
investment to be made freely and without delay into and out of its
territory. Such transfers include:

(a) contributions to capital, including the initial contribution;

(b) profits, capital gains, dividends, interest, royalty payments,
technical assistance and technical and management fees,
licence fees, and other current income accruing from the
covered investment;

(c) proceeds from the sale or liquidation of all or any part of
the covered investment;

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