Page 431 - Regional Comprehensive Economic Partnership (RCEP)

Article 12.10: Domestic Regulatory Framework the internet where feasible, all relevant measures of general
application pertaining to or affecting the operation of this Chapter.
1. Each Party shall adopt or maintain a legal framework governing
electronic transactions, taking into account the UNCITRAL Model 2. Each Party shall respond as promptly as possible to a relevant

Law on Electronic Commerce 1996, the United Nations request from another Party for specific information on any of its
Convention on the Use of Electronic Communications in measures of general application pertaining to or affecting the
International Contracts done at New York on 23 November 2005, operation of this Chapter.
or other applicable international conventions and model laws
10
relating to electronic commerce.
Article 12.13: Cyber Security
2. Each Party shall endeavour to avoid any unnecessary regulatory
burden on electronic transactions. The Parties recognise the importance of:

(a) building the capabilities of their respective competent
Article 12.11: Customs Duties authorities responsible for computer security incident
responses including through the exchange of best
1. Each Party shall maintain its current practice of not imposing practices; and
customs duties on electronic transmissions between the Parties.
(b) using existing collaboration mechanisms to cooperate on
2. The practice referred to in paragraph 1 is in accordance with the matters related to cyber security.
WTO Ministerial Decision of 13 December 2017 in relation to the
Work Programme on Electronic Commerce (WT/MIN(17)/65).
SECTION D
3. Each Party may adjust its practice referred to in paragraph 1 with PROMOTING CROSS-BORDER ELECTRONIC COMMERCE
respect to any further outcomes in the WTO Ministerial Decisions
on customs duties on electronic transmissions within the
framework of the Work Programme on Electronic Commerce. Article 12.14: Location of Computing Facilities

4. The Parties shall review this Article in light of any further WTO 1. The Parties recognise that each Party may have its own
Ministerial Decisions in relation to the Work Programme on measures regarding the use or location of computing facilities,
Electronic Commerce. including requirements that seek to ensure the security and
confidentiality of communications.
5. For greater certainty, paragraph 1 shall not preclude a Party from
imposing taxes, fees, or other charges on electronic 2. No Party shall require a covered person to use or locate
transmissions, provided that such taxes, fees, or charges are computing facilities in that Party’s territory as a condition for
imposed in a manner consistent with this Agreement. conducting business in that Party’s territory.
11

3. Nothing in this Article shall prevent a Party from adopting or
Article 12.12: Transparency maintaining:

1. Each Party shall publish as promptly as possible or, where that is
not practicable, otherwise make publicly available, including on
11 Cambodia, Lao PDR, and Myanmar shall not be obliged to apply this paragraph for
a period of five years after the date of entry into force of this Agreement, with an
10 Cambodia shall not be obliged to apply this paragraph for a period of five years after additional three years if necessary. Viet Nam shall not be obliged to apply this
the date of entry into force of this Agreement. paragraph for a period of five years after the date of entry into force of this Agreement.

12-8 12-9