Page 433 - Regional Comprehensive Economic Partnership (RCEP)

(a) any measure inconsistent with paragraph 2 that it be disputed by other Parties.
considers necessary to achieve a legitimate public policy
12
objective, provided that the measure is not applied in a
manner which would constitute a means of arbitrary or SECTION E
unjustifiable discrimination or a disguised restriction on OTHER PROVISIONS
trade; or

(b) any measure that it considers necessary for the protection Article 12.16: Dialogue on Electronic Commerce
of its essential security interests. Such measures shall not
be disputed by other Parties. 1. The Parties recognise the value of dialogue, including with
stakeholders where appropriate, in promoting the development
and use of electronic commerce. In conducting such a dialogue,
Article 12.15: Cross-border Transfer of Information by Electronic the Parties shall consider the following matters:
Means
(a) cooperation in accordance with Article 12.4 (Cooperation);
1. The Parties recognise that each Party may have its own
regulatory requirements concerning the transfer of information by (b) current and emerging issues, such as the treatment of
electronic means. digital products, source code, and cross-border data flow
and the location of computing facilities in financial services;
2. A Party shall not prevent cross-border transfer of information by and
electronic means where such activity is for the conduct of the
business of a covered person. (c) other matters relevant to the development and use of
13
electronic commerce, such as anti-competitive practices,
3. Nothing in this Article shall prevent a Party from adopting or online dispute resolution, and the promotion of skills
maintaining: relevant for electronic commerce including for cross-border
temporary movement of professionals.
(a) any measure inconsistent with paragraph 2 that it
considers necessary to achieve a legitimate public policy 2. The dialogue shall be conducted in accordance with
objective, provided that the measure is not applied in a subparagraph 1(j) of Article 18.3 (Functions of the RCEP Joint
14
manner which would constitute a means of arbitrary or Committee).
unjustifiable discrimination or a disguised restriction on
trade; or 3. The Parties shall take the matters listed in paragraph 1, and any
recommendation arising from any dialogue conducted pursuant to
(b) any measure that it considers necessary for the protection this Article, into account in the context of the general review of this
of its essential security interests. Such measures shall not Agreement undertaken in accordance with Article 20.8 (General
Review).
12 For the purposes of this subparagraph, the Parties affirm that the necessity behind
the implementation of such legitimate public policy shall be decided by the
implementing Party. Article 12.17: Settlement of Disputes

13 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 1. In the event of any differences between Parties regarding the
additional three years if necessary. Viet Nam shall not be obliged to apply this interpretation and application of this Chapter, the Parties
paragraph for a period of five years after the date of entry into force of this Agreement. concerned shall first engage in consultations in good faith and
make every effort to reach a mutually satisfactory solution.
14 For the purposes of this subparagraph, the Parties affirm that the necessity behind
the implementation of such legitimate public policy shall be decided by the
implementing Party. 2. In the event that the consultations referred to in paragraph 1 fail

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