Chapter I Initial Clauses and General Definitions
This chapter mainly states that the goal of RCEP parties is to establish a modern, comprehensive, high-quality and mutually beneficial economic partnership and cooperation framework to promote regional trade and investment growth and contribute to global economic development. This chapter also defines the common terms in the agreement.
chapter ii trade in goods
this chapter aims to promote the realization of high-level trade liberalization in the region and stipulate the commitments related to trade in goods. Provisions include: commitment to give national treatment to goods of other contracting parties in accordance with Article III of the General Agreement on Tariffs and Trade;
preferential market access through gradual implementation of tariff liberalization; Temporary duty-free entry of specific goods; Cancel agricultural export subsidies; As well as the total elimination of restrictions on quantity, the management of import licensing procedures, and non-tariff measures such as fees and procedures related to import and export.
chapter iii rules of origin
this chapter determines the rules for identifying the goods of origin eligible for preferential tariff treatment under RCEP. While ensuring the application of the principle of substantive change, the technical feasibility, trade convenience and business friendliness are highlighted, so that enterprises, especially small and medium-sized enterprises, can easily understand and use the RCEP agreement.
in the first section of this chapter, article 2 (goods of origin) and article 3 (goods fully obtained or fully produced) and Annex I "Rules of Specific Origin of Products" (PSR) set out the criteria for granting "origin position" to goods. The agreement also allows the value components from any contracting party of RCEP to be taken into account when determining whether the goods are subject to RCEP tariff preferences, and the rule of accumulation of origin components is implemented.
in the second section, the relevant operation certification procedures are stipulated, including the detailed procedures of applying for RCEP certificate of origin, applying for preferential tariff treatment and verifying the "place of origin" of goods. There are two annexes in this chapter:
(1) Product-specific rules of origin, covering about 5,25 6-digit products;
(2) Minimum information requirements, which list the information required by the certificate of origin or declaration of origin.
chapter iv customs procedures and trade facilitation
this chapter aims to create an environment for promoting regional supply chain by ensuring the predictability, consistency and transparency of customs laws and regulations, and promoting the effective management of customs procedures and the rapid clearance of goods.
This chapter contains enhanced clauses higher than that of the WTO Agreement on Trade Facilitation, including: pre-determination of tariff classification, country of origin and customs valuation; Provide convenient measures related to import, export and transit procedures and procedures for operators (authorized operators) who meet specific conditions; Risk management methods for customs supervision and post-clearance audit, etc.
chapter v sanitary and phytosanitary measures
this chapter lays down the basic framework for formulating, adopting and implementing sanitary and phytosanitary measures to protect the life or health of human beings, animals or plants, and at the same time ensures that the above measures do not restrict trade as much as possible, and that there is no unreasonable discrimination in sanitary and phytosanitary measures implemented by contracting parties under similar conditions.
although the contracting parties have stated their rights and obligations in the agreement on sanitary and phytosanitary measures of WTO, the agreement has strengthened the provisions for implementation in non-epidemic areas and low-epidemic areas of pests and diseases, risk analysis, audit, certification, import inspection and emergency measures.
chapter VI standards, technical regulations and conformity assessment procedures
this chapter strengthens the implementation of the WTO agreement on technical barriers to trade by the parties and recognizes the understanding reached by the parties on standards, technical regulations and conformity assessment procedures. At the same time, promote the contracting parties to reduce unnecessary technical barriers to trade in recognizing standards, technical regulations and conformity assessment procedures, and ensure that standards, technical regulations and conformity assessment procedures conform to the provisions of the WTO Agreement on Technical Barriers to Trade and other aspects of information exchange and cooperation.
Chapter VII Trade Remedy
This chapter includes "safeguard measures" and "anti-dumping and countervailing duties". With regard to safeguard measures, the agreement reaffirms the rights and obligations of the parties under the WTO Agreement on Safeguards, and establishes a transitional safeguard system to provide relief to all parties who suffer damage due to the implementation of the agreed tax reduction.
with regard to anti-dumping and countervailing duties, the agreement reaffirms the rights and obligations of the contracting parties in the relevant WTO agreements, and formulates an annex on "practices related to anti-dumping and countervailing investigations", which standardizes practical practices such as written information, consultation opportunities, ruling announcements and explanations, and promotes the transparency and due process of trade remedy investigations.
Chapter VIII Trade in Services
This chapter reduces restrictive and discriminatory measures of members that affect cross-border trade in services, and creates conditions for further expansion of trade in services among contracting parties. Including market access commitments, national treatment, most-favored-nation treatment, local existence, domestic laws and regulations and other rules.
some parties adopt the negative list method to make market access commitments, requiring the parties that adopt the positive list now to change to the negative list mode to make arrangements for their service commitments within six years after the agreement takes effect.
chapter 8, annex I: financial services annex
financial services annex lays down specific rules on financial services, and provides sufficient policy and regulatory space for preventing the instability of the financial system. In addition to the obligations stipulated in Chapter VIII (Trade in Services), this Annex also includes a prudent exception clause to ensure that financial regulators retain the ability to formulate measures to support the integrity and stability of the financial system.
this annex also includes the obligation of transparency in financial supervision, and the contracting parties promise not to prevent the transfer or processing of information necessary for business and provide new financial services. This annex also stipulates that the contracting parties may discuss the situation of solving the balance of payments crisis or possibly escalating it into a balance of payments crisis through consultation.
chapter 8, annex ii: telecommunications service annex
this annex has formulated a set of rules and regulations related to telecommunications service trade. On the basis of all the existing telecom service annexes of "ASEAN' 1+1' Free Trade Agreement", the annexes also include provisions on supervision methods, international submarine cable system, unbundling of network elements, access of poles, pipelines and pipe networks, international mobile roaming, flexibility of technology selection and so on.
chapter 8, annex iii: professional services annex
this annex provides channels for parties to facilitate the provision of professional services in this region. Including: strengthening the dialogue between institutions that recognize professional qualifications, and encouraging RCEP parties or relevant institutions to hold consultations on professional qualifications, licenses or registrations with concerned professional service departments.
In addition, the contracting parties or relevant institutions are encouraged to formulate mutually acceptable professional standards and guidelines in the fields of education, examination, experience, code of conduct and ethics, professional development and recertification, scope of practice and consumer protection.
Chapter IX Movement of Natural Persons
This chapter lists the commitments made by the contracting parties to promote the temporary entry and temporary stay of natural persons engaged in trade in goods, provision of services or investment, formulates the rules for the contracting parties to approve such temporary entry and temporary stay permits, and improves the transparency of the personnel movement policy. The attached commitment table lists the commitments covering business visitors, internal floating personnel and other categories, as well as the conditions and restrictions required by the commitments.
Chapter 1 Investment
This chapter covers four aspects: investment protection, liberalization, promotion and facilitation. It is an integration and upgrade of the original investment rules of "ASEAN' 1+1' Free Trade Agreement", including promising MFN treatment, prohibiting performance requirements, adopting negative list model to make market access commitments in non-service sectors and applying ratchet mechanism. Investment facilitation also includes dispute prevention and coordinated settlement of foreign complaints. This chapter is attached with the investment and non-conforming measures commitment form of all parties.
Chapter XI Intellectual Property Rights
This chapter provides a balanced and inclusive plan for the protection and promotion of intellectual property rights in this region. The content covers copyright, trademarks, geographical indications, patents, designs, genetic resources, traditional knowledge and folk literature and art, anti-unfair competition, intellectual property law enforcement, cooperation, transparency, technical assistance and other fields, and its overall protection level is strengthened compared with the Agreement on Trade-related Aspects of Intellectual Property Rights.
Chapter XII Electronic Commerce
This chapter aims to promote the use and cooperation of electronic commerce among contracting parties, and lists the provisions that encourage contracting parties to improve trade management and procedures through electronic means; Require parties to create a favorable environment for e-commerce, protect the personal information of e-commerce users, provide protection for online consumers, and strengthen supervision and cooperation for unsolicited commercial electronic information;
Put forward relevant measures for the location of computer facilities and cross-border transmission of information by electronic means, and set up regulatory policy space. The contracting parties also agreed to maintain the current practice of not imposing tariffs on e-commerce in accordance with the decision of the WTO Ministerial Conference.
Chapter XIII Competition
This chapter provides a framework for the contracting parties to cooperate in competition policies and laws in order to improve economic efficiency and enhance consumer welfare. It stipulates that contracting parties have the obligation to establish or maintain laws or institutions to prohibit activities that restrict competition, and at the same time recognizes that contracting parties have the sovereign right to formulate and implement their own competition laws, and allows exclusions or exemptions based on public policies or public interests.
this chapter also involves the protection of consumers' rights and interests, and the contracting parties have the obligation to adopt or maintain domestic laws and regulations to stop misleading behaviors or make false or misleading descriptions in trade; Promote the understanding and use of consumer relief mechanism; Cooperate on protecting consumers' interests.
Chapter XIV Small and Medium-sized Enterprises
The contracting parties agree to provide a platform for small and medium-sized enterprises to talk on the agreement, so as to carry out economic cooperation projects and activities aimed at improving the utilization of the agreement and benefiting from the opportunities created by the agreement, and bring the small and medium-sized enterprises into the mainstream of the regional supply chain.
the agreement emphasizes full enjoyment of the information related to SMEs in RCEP, including the contents of the agreement, laws and regulations in the trade and investment fields related to SMEs, and other business-related information that SMEs participate in and benefit from the agreement.
Chapter 15 Economic and Technical Cooperation
This chapter provides a framework for realizing the common development of RCEP countries, and contributes to fully benefiting from the implementation and utilization of the agreement and narrowing the development gap between the parties.
according to this chapter, the contracting parties will implement technical assistance and capacity-building projects to promote inclusive, effective and efficient implementation and utilization of all areas of the agreement, including trade in goods, trade in services, investment, intellectual property rights, competition, small and medium-sized enterprises and e-commerce. While giving priority to the needs of the least developed countries.
chapter XVI government procurement
the agreement recognizes the role of government procurement in promoting regional economic integration to promote economic development, and will focus on improving the transparency of laws, regulations and procedures and promoting cooperation among contracting parties in government procurement. This chapter contains deliberation clauses, aiming at perfecting this chapter in the future to promote government procurement.
Chapter XVII General Clauses and Exceptions
This chapter stipulates the general provisions applicable to the whole RCEP agreement, including the transparency of the laws, regulations, procedures and generally applicable administrative rulings of the contracting parties, the establishment of an appropriate review and appeal mechanism for the administrative procedures of each contracting party, the protection of confidential information, and the geographical scope of application of the agreement.
at the same time, this chapter will incorporate the general exceptions listed in Article XX of GATT1994 and Article XIV of GATS into this Agreement with necessary modifications. A contracting party may take actions or measures that it deems necessary to protect its basic security interests. This chapter also allows the contracting parties to take certain measures in the face of serious balance of payments imbalance, external financial difficulties or threats.
Chapter XVIII Institutional Provisions
This chapter specifies the institutional arrangements of RCEP, as well as the structure of the Council of Ministers, the Joint Committee and other committees or sub-committees. The Joint Commission will supervise and guide the implementation of the agreement, including supervising and coordinating the work of newly established or future subsidiary bodies according to the agreement.
Chapter XIX Dispute Settlement
This chapter aims to provide effective, efficient and transparent procedures for the settlement of disputes arising under the Agreement. It has made clear provisions on the selection of relevant places for dispute settlement, consultation between the two parties to the dispute, mediation, mediation, the establishment of expert groups, and the rights of third parties. This chapter also specifies the functions, procedures, implementation of the final report of the expert group, implementation review procedures, compensation and suspension of concessions or other obligations.
Chapter 2 Final Clauses
This chapter mainly includes the handling of annexes, appendices and footnotes; The relationship between the agreement and other international agreements; General review mechanism; The entry into force, custody, amendment, accession and withdrawal clauses of the agreement, etc.
Designate the Secretary-General of ASEAN as the custodian of the agreement, responsible for receiving and distributing documents to all parties, including all notifications, accession requests, ratifications, acceptances or approvals. The entry into force clause of the treaty stipulates that the agreement shall come into effect after at least six ASEAN member countries and three ASEAN Free Trade Agreement partners deposit their instruments of ratification, acceptance or approval.
Central People's Government of the People's Republic of China-Regional Comprehensive Economic Partnership Agreement