来源：国际法务（ID：GlobePlay）
11月15日，区域全面经济伙伴关系协定（RCEP）正式签署。成员国包括东盟10国与中国、日本、韩国、澳大利亚、新西兰。RCEP是全球最大的自贸协定，15个成员国总人口、经济体量、贸易总额均占全球总量的约30%。本文前部分是东盟官网的RCEP相关介绍，后半部分是新西兰外贸部网站所附的该协议（目录序言+全文下载方式）。
Regional Comprehensive Economic Partnership (RCEP)
Countries in East Asia region have thriving trade and economic relations with each other through free trade agreements. The Association of Southeast Asian Nations (ASEAN) has free trade agreements with six partners namely People’s Republic of China (ACFTA), Republic of Korea (AKFTA), Japan (AJCEP), India (AIFTA) as well as Australia and New Zealand (AANZFTA).In order to broaden and deepen the engagement among parties and to enhance parties’ participation in economic development of the region, the leaders of 16 participating countries established the Regional Comprehensive Economic Partnership (RCEP). The RCEP was built upon the existing ASEAN+1 FTAs with the spirit to strengthen economic linkages and to enhance trade and investment related activities as well as to contribute to minimising development gap among the parties.In August 2012, the 16 Economic Ministers endorsed the Guiding Principles and Objectives for Negotiating the Regional Comprehensive Economic Partnership. The RCEP negotiations were launched by Leaders from 10 ASEAN Member States (Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam) and six ASEAN FTA partners (Australia, People’s Republic of China, India, Japan, Republic of Korea, and New Zealand) during the 21st ASEAN Summit and Related Summits in Phnom Penh, Cambodia in November 2012.The objective of launching RCEP negotiations is to achieve a modern, comprehensive, high-quality, and mutually beneficial economic partnership agreement among the ASEAN Member States and ASEAN’s FTA partners. The RCEP negotiations commenced in early 2013.The RCEP negotiation includes: trade in goods, trade in services, investment, economic and technical cooperation, intellectual property, competition, dispute settlement, e-commerce, small and medium enterprises (SMEs) and other issues.WHAT RCEP MEANS FOR BUSINESSESRCEP has the potential to deliver significant opportunities for businesses in the East Asia region, given the fact that the 16 RCEP participating countries account for almost half of the world’s population; contribute about 30 per cent of global GDP and over a quarter of world exports. RCEP will provide a framework aimed at lowering trade barriers and securing improved market access for goods and services for businesses in the region, through:
- Recognition to ASEAN Centrality in the emerging regional economic architecture and the interests of ASEAN’s FTA partners in enhancing economic integration and strengthening economic cooperation among the participating countries;
- Facilitation of trade and investment and enhanced transparency in trade and investment relations between the participating countries, as well as facilitation of SMEs’ engagements in global and regional supply chains; and
- Broaden and deepen ASEAN’s economic engagements with its FTA partners.
RCEP recognises the importance of being inclusive, especially to enable SMEs leverage on the agreement and cope with challenges arising from globalisation and trade liberalisation. SMEs (including micro-enterprises) make up more than 90% of business establishments across all RCEP participating countries and are important to every country’s endogenous development of their respective economy. At the same time, RCEP is committed to provide fair regional economic policies that mutually benefit both ASEAN and its FTA partners.
协议：
REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENTPreamble
Chapter 1 Initial Provisions and General Definitions
Chapter 3 Rules of Origin
Annex 3A (Product-Specific Rules)
Annex 3B (Minimum Information Requirements)Chapter 4 Customs Procedures and Trade Facilitation
Annex 4A (Period of Time to Implement the Commitments)Chapter 5 Sanitary and Phytosanitary MeasuresChapter 6 Standards, Technical Regulations, and Conformity Assessment ProceduresChapter 7 Trade Remedies
Annex 7A (Practices Relating to Anti-Dumping and Countervailing Duty Proceedings)Chapter 8 Trade in Services
Annex 8A (Financial Services)
Annex 8B (Telecommunications Services)
Annex 8C (Professional Services)Chapter 9 Temporary Movement of Natural PersonsChapter 10 Investment
Annex 10A (Customary International Law)
Annex 10B (Expropriation)Chapter 11 Intellectual Property
Annex 11A (Party-Specific Transition Periods)
Annex 11B (List of Technical Assistance Requests)Chapter 12 Electronic CommerceChapter 13 Competition
Annex 13A (Application of Article 13.3 (Appropriate Measures against Anti-Competitive Activities) and Article 13.4 (Cooperation)to Brunei Darussalam)Annex 13B (Application of Article 13.3 (Appropriate Measures against Anti-Competitive Activities) and Article 13.4 (Cooperation)to Cambodia)
Annex 13C (Application of Article 13.3 (Appropriate Measures against Anti-Competitive Activities) and Article 13.4 (Cooperation)to Lao PDR)
Annex 13D (Application of Article 13.3 (Appropriate Measures against Anti-Competitive Activities) and Article 13.4 (Cooperation)toMyanmar)Chapter 14 Small and Medium EnterprisesChapter 15 Economic and Technical CooperationChapter 16 Government Procurement
Annex 16A (Paper or Electronic Means Utilised by Parties for the Publication of Transparency Information)Chapter 17 General Provisions and ExceptionsChapter 18 Institutional Provisions
Annex 18A (Functions of the Subsidiary Bodies of the RCEP Joint Committee)Chapter 19 Dispute SettlementChapter 20 Final Provisions---------------------------------------Annex I Schedules of Tariff CommitmentsAnnex II Schedules of Specific Commitments for ServicesAnnex III Schedules of Reservations and Non-Conforming Measures for Services and InvestmentAnnex IV Schedules of Specific Commitments on Temporary Movement of Natural PersonsThe Parties to this Agreement,
RECALLING the Joint Declaration on the Launch of Negotiations for the Regional Comprehensive Economic Partnership adopted by the Heads of State or Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as “ASEAN” in this Agreement) and Australia, China, India, Japan, Korea, and New Zealand at Phnom Penh, Cambodia on 20 November 2012 which endorsed the Guiding Principles and Objectives for Negotiating the Regional Comprehensive Economic Partnership;
DESIRING to broaden and deepen economic integration in the region, strengthen economic growth and equitable economic development, and advance economic cooperation, through this Agreement, which will build upon existing economic linkages among the Parties;ASPIRING to strengthen their economic partnership to create new employment opportunities, raise living standards, and improve the general welfare of their peoples;SEEKING to establish clear and mutually advantageous rules to facilitate trade and investment, including participation in regional and global supply chains;BUILDING upon their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994, and the existing free trade agreements between the Member States of ASEAN and their free trade partners, namelyAustralia, China, Japan, Korea, and New Zealand;TAKING ACCOUNT OF the different levels of development among the Parties, the need for appropriate forms of flexibility, including provision for special and differential treatment, especially for Cambodia, Lao PDR, Myanmar, and Viet Nam as appropriate, and additional flexibility for Least Developed Country Parties;CONSIDERING the need to facilitate the increasing participation of Least Developed Country Parties in thisAgreement so that they can more effectively implement their obligations under this Agreement and take advantage of the benefits from this Agreement, including expansion of their trade and investment opportunities and participation in regional and global supply chains;RECOGNISING that good governance and a predictable, transparent, and consistent business environment will lead to the improvement of economic efficiency and the development of trade and investment;REAFFIRMING the right of each Party to regulate in pursuit of legitimate public welfare objectives;RECOGNISING that the three pillars of sustainable development are interdependent and mutually reinforcing, and that economic partnership can play an important role in promoting sustainable development; andFURTHER RECOGNISING the positive effect that regional trade agreements and arrangements can have in accelerating regional and global trade and investment liberalisation, and their role in strengthening the open, free, and rules-based multilateral trading system,
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