Page 463 - Regional Comprehensive Economic Partnership (RCEP)

Article 17.8: Confidentiality A decision by a competent authority, including a foreign investment
authority, of a Party 3, 4 on whether or not to approve or admit a foreign
Unless otherwise provided in this Agreement, where a Party provides
information to another Party in accordance with this Agreement and 3
For the purposes of this Article, “a competent authority, including a foreign investment
designates the information as confidential, the other Party shall, subject authority” means, as of the date of entry into force of this Agreement:
to its laws and regulations, maintain the confidentiality of the information.
(a) for Australia, the Treasurer of the Commonwealth of Australia under Australia’s
Foreign Investment Framework including the Foreign Acquisitions and
Article 17.9: Measures against Corruption Takeovers Act 1975 (Commonwealth), and any amendments thereto;
(b) for Cambodia, the Council for the Development of Cambodia designated under
1. Each Party shall, in accordance with its laws and regulations, take the following laws and regulations, and any amendments thereto:
appropriate measures to prevent and combat corruption with
respect to any matter covered by this Agreement. (i) Royal Kram No. 03/NS/94 dated 5 August 1994 promulgating Law on
Investment of the Kingdom of Cambodia;
2. No Party shall have recourse to dispute settlement under Chapter (ii) Royal Kram No. NS/RKM/0303/009 dated 24 March 2003 promulgating
19 (Dispute Settlement) for any matter arising under this Article. Law on the Amendment of the Law on Investment of the Kingdom of
Cambodia;

Article 17.10: Convention on Biological Diversity (iii) Sub-Decree No. 88/ANK/BK dated 29 December 1997 on the
Implementation of the Law on Investment of the Kingdom of Cambodia;
Each Party affirms its rights and responsibilities under the Convention (iv) Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the
on Biological Diversity done at Rio de Janeiro on 5 June 1992. Implementation of the Law on the Amendment of the Law on Investment
of the Kingdom of Cambodia; and

Article 17.11: Screening Regime and Dispute Settlement (v) Sub-Decree No. 148.ANK.BK dated 29 December 2005 on the
Establishment and Management of Special Economic Zones;

(c) for China, the authorities responsible for granting approval of foreign
investment for sectors requiring governmental approval under the relevant laws
and regulations including Foreign Investment Law of the People’s Republic of
China (Adopted on 15 March 2019), and any amendments thereto;

(d) for Indonesia, a competent authority including a foreign investment authority
designated under the Law Number 25 Year 2007 on Investment and other
relevant laws, regulations, and policies, as may be amended;

(e) for Korea, the competent authorities as listed in the Foreign Investment
Promotion Act (Law No. 16479, 20 August 2019), the Enforcement Decree of
the Foreign Investment Promotion Act (Presidential Decree No. 29172, 18
September 2018), the Regulations on Foreign Investment (Notice of the
Ministry of Trade, Industry, and Energy, No. 2018-137, 6 July 2018), the
Consolidated Public Notice for Foreign Investment (No. 2018-191, 27 February
2018, Ministry of Trade, Industry, and Energy), and the Act on Prevention of
Divulgence and Protection of Industrial Technology (Law No. 16476, 20 August
2019), and any amendments thereto;

(f) for Lao PDR, the Ministry of Planning and Investment under the Law on
Investment Promotion (Law No. 14, dated 17 November 2016), and any
amendments thereto, and the Ministry of Industry and Commerce under the
Law on Enterprise (Law No. 46, dated 26 December 2013), and any
amendments thereto;

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