Page 365 - Regional Comprehensive Economic Partnership (RCEP)

maintains measures with respect to the non-Party or a person of Article 10.15: Security Exceptions
the non-Party that prohibit transactions with the juridical person or
that would be violated or circumvented if the benefits of this Notwithstanding Article 17.13 (Security Exceptions), nothing in this
Chapter were accorded to the juridical person or to its Chapter shall be construed to:
investments.
(a) require a Party to furnish or allow access to any information
3. A Party may deny the benefits of this Chapter to an investor of the disclosure of which it determines to be contrary to its
another Party that is a juridical person of that other Party and to essential security interests; or
investments of that investor if persons of a non-Party own or
control the juridical person and the denying Party does not (b) preclude a Party from applying measures that it considers
maintain diplomatic relations with the non-Party. necessary for:

4. Notwithstanding paragraph 1, Thailand may, under its applicable (i) the fulfilment of its obligations with respect to the
laws and regulations, deny the benefits of this Chapter relating to maintenance or restoration of international peace or
the admission, establishment, acquisition, and expansion of security; or
investments to an investor of another Party that is a juridical
person of such Party and to investments of such an investor (ii) the protection of its own essential security interests.
where Thailand establishes that the juridical person is owned or
controlled by natural persons or juridical persons of a non-Party
or of Thailand. Article 10.16: Promotion of Investment

5. For the purposes of this Article, for Thailand, a juridical person is: The Parties shall endeavour to promote and increase awareness of the
region as an investment area including through:
(a) “owned” by natural persons or juridical persons of a Party
or of a non-Party if more than 50 per cent of the equity (a) encouraging investments among the Parties;
interest in it is beneficially owned by such persons; and
(b) organising joint investment promotion activities between or
(b) “controlled” by natural persons or juridical persons of a among Parties;
Party or of a non-Party if such persons have the power to
name a majority of its directors or otherwise to legally direct (c) promoting business matching events;
its actions.
(d) organising and supporting the organisation of various
6. The Philippines may deny the benefits of this Chapter to investors briefings and seminars on investment opportunities and on
of another Party and to investments of that investor where it investment laws, regulations, and policies; and
establishes that such investor has made an investment in breach
of the provisions of Commonwealth Act No. 108, entitled An Act (e) conducting information exchanges on other issues of
to Punish Acts of Evasion of Laws on the Nationalization of mutual concern relating to investment promotion.
Certain Rights, Franchises or Privileges, as amended by
Presidential Decree No. 715, otherwise known as The Anti-
Dummy Law, as may be amended. Article 10.17: Facilitation of Investment

7. A Party may deny the benefits of this Chapter to an investor of 1. Subject to its laws and regulations, each Party shall endeavour to
another Party or of a non-Party and to investments of that investor facilitate investments among the Parties, including through:
where such an investor has made an investment in breach of the
provisions of the denying Party’s laws and regulations that (a) creating the necessary environment for all forms of
implement the Financial Action Task Force Recommendations. investment;

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