Page 464 - Regional Comprehensive Economic Partnership (RCEP)

(g) for Malaysia, the Ministers performing functions and exercising powers under,
but not limited to, the Promotion of Investments Act 1986 [Act 327], the Income
Tax Act 1967 [Act 53], the Petroleum Development Act 1974 [Act 144], and the
Industrial Co-ordination Act 1975 [Act 156], and any amendments thereto;

(h) for Myanmar, the Myanmar Investment Commission and Region/State
Investment Committees under the Myanmar Investment Law, the Pyidaungsu
Hluttaw Law No. 40/2016 dated 18 October 2016 and the Myanmar Investment
Rules, Notification No. 35/2017 of the Ministry of Planning and Finance of the
Government of the Republic of the Union of Myanmar dated 30 March 2017,
and committees under the Myanmar Special Economic Zone Law, the
Pyidaungsu Hluttaw Law No. 1/2014 dated 23 January 2014 and the Industrial
Zone Law, the Pyidaungsu Hluttaw Law No.7/2020 dated 26 May 2020, and
any amendments thereto;

(i) for New Zealand, the decision-making Ministers authorised under
New Zealand’s overseas investment framework including the Overseas
Investment Act 2005 and the Fisheries Act 1996, and any amendments thereto;

(j) for Thailand, the competent authorities responsible under its laws and
regulations, as may be amended, for the sectors or activities where foreign
investment is proposed or approved; and

(k) for Viet Nam, the competent authority as defined in the Law on Investment and
other relevant laws and regulations such as Law on Securities, Law on Credit
Institutions, Law on Insurance Business, and Law on Oil and Gas, as may be
amended.

If a Party establishes a competent authority, including a foreign investment authority
after the date of entry into force of this Agreement, this Article shall also apply to such
competent authority.

4 For the purposes of this Article, “a decision by a competent authority, including a
foreign investment authority” means:

(a) for Japan, a decision under the Foreign Exchange and Foreign Trade
Law (Law No. 228 of 1949), as may be amended, regarding an
investment that requires prior notification under that law, including an
order to alter the content of investment or discontinue the investment
process; and

(b) for the Philippines, the decision by the Securities and Exchange
Commission under Republic Act No. 11232, otherwise known as the
Revised Corporation Code of the Philippines; the National Security
Council under Executive Order No. 292, otherwise known as the
Administrative Code of 1987, as amended; the Board of Investments
under Executive Order No. 226, otherwise known as the Omnibus
Investments Code of 1987, as amended; and the relevant agencies of
the Philippine Government vested with jurisdiction and mandate to
regulate specific sectors or activities under Republic Act No. 7042,
otherwise known as the Foreign Investments Act of 1991, as amended;
and any amendments thereto.

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