Page 361 - Regional Comprehensive Economic Partnership (RCEP)

(g) social security, public retirement, superannuation, Article 10.11: Compensation for Losses
compulsory savings schemes, or other arrangements to
provide pension or similar retirement benefits; Each Party shall accord to investors of another Party, and their covered
investments, with respect to measures it adopts or maintains relating to
(h) severance entitlement of employees; and losses suffered by investments in its territory owing to armed conflict,
civil strife, or state of emergency, treatment no less favourable than that
(i) requirements to register and satisfy other formalities it accords, in like circumstances, to:
imposed by the central bank and other relevant authorities
of that Party. (a) its own investors and their investments; and

4. Nothing in this Chapter shall affect the rights and obligations of a (b) investors of any other Party or non-Party, and their
Party as a member of the IMF under the IMF Articles of investments.
Agreement as may be amended, including the use of exchange
actions which are in conformity with the IMF Articles of Agreement
as may be amended, provided that the Party shall not impose Article 10.12: Subrogation
restrictions on any capital transactions inconsistently with the
obligations under this Chapter regarding such transactions, 1. If a Party, or an agency designated by a Party, makes a payment
except under Article 17.15 (Measures to Safeguard the Balance to an investor of that Party under a guarantee, a contract of
of Payments) or on request of the IMF. insurance or other form of indemnity that it has granted in respect
of a covered investment, the other Party in whose territory the
covered investment was made shall recognise the subrogation or
Article 10.10: Special Formalities and Disclosure of Information transfer of any right or claim in respect of such covered
investment. The subrogated or transferred right or claim shall not
1. Nothing in Article 10.3 (National Treatment) shall be construed to be greater than the original right or claim of the investor.
prevent a Party from adopting or maintaining a measure that
prescribes special formalities in connection with covered 2. Where a Party or an agency designated by a Party has made a
investments, including a requirement that covered investments be payment to an investor of that Party and has taken over any right
legally constituted under its laws or regulations, provided that or claim of the investor, that investor shall not pursue that right or
such formalities do not materially impair the protections afforded claim against the other Party in whose territory the covered
by that Party to investors of another Party and covered investment was made, unless that investor is authorised to act on
investments pursuant to this Chapter. behalf of the Party making the payment or the agency designated
by that Party.
2. Notwithstanding Article 10.3 (National Treatment) and Article 10.4
(Most-Favoured-Nation Treatment), a Party may require an 3. In the exercise of subrogated or transferred right or claim, a Party
investor of another Party or its covered investment to provide or an agency designated by a Party exercising such right or claim
information concerning that investment solely for informational or shall disclose the coverage of the claims arrangement with its
statistical purposes. The Party shall protect, to the extent investors to the relevant Party.
possible, any confidential information which has been provided
from any disclosure that would prejudice the legitimate
commercial interests or the competitive position of the investor or Article 10.13: Expropriation
25
the covered investment. Nothing in this paragraph shall be
construed to prevent a Party from otherwise obtaining or 1. No Party shall expropriate or nationalise a covered investment
disclosing information in connection with the equitable and good either directly or through measures equivalent to expropriation or
faith application of its laws and regulations.

25 This Article shall be interpreted in accordance with Annex 10B (Expropriation).

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