亚开行-《区域全面经济伙伴关系协定》：亚洲区域合作的新范式？（英）-2022.5-130页_1mb

Regional Comprehensive Economic Partnership (RCEP) Summary

Core Content

The Regional Comprehensive Economic Partnership (RCEP) is a significant milestone in regional economic integration in Asia, signed in 2020 and entering into force in 2022. It includes 15 member countries—ASEAN members (Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam), Australia, China, Japan, New Zealand, and South Korea. RCEP aims to enhance trade in goods, services, investment, and cross-cutting regulatory issues, such as intellectual property rights, e-commerce, and competition policy.

Main Chapters and Key Points

Part I: Introduction

• RCEP's Origin and Rationale:
  • RCEP was conceptualized in 2012 and signed in 2020.
  • It was developed to address the challenges of overlapping Free Trade Agreements (FTAs) and to provide a more coherent and inclusive framework.
  • RCEP follows the ASEAN way of consultation and consensus, focusing on gradual progress rather than immediate commitments.
  • It is not a replacement for existing FTAs but a complementary agreement that enhances regional integration.

Part II: Trade in Goods

• Market Access:
  • Preferential tariffs are a key component of trade liberalization.
  • RCEP includes 38 tariff offers with long phasing-out periods (in some cases over 20 years).
  • The absence of a most-favored nation (MFN) provision suggests RCEP will coexist with other FTAs.
  • Differentiated offers are common, especially among ASEAN members, which may complicate implementation.

Part III: Rules of Origin (ROO)

• ROO as a cornerstone of preferential market access.
• RCEP allows cumulation of inputs from all member countries, but not processing.
• Certificate of Origin is required, with no self-certification.
• ROO provisions are less detailed compared to CPTPP and are still under development.

Part IV: Trade Remedies

• RCEP includes procedural guarantees for trade remedies.
• The transitional safeguard measures give more discretion to member states and investigating authorities, which may affect predictability and effectiveness of tariff concessions.

Part V: Customs Procedures and Trade Facilitation

• RCEP includes WTO-plus provisions such as 48-hour customs clearance and 6-hour limit for express consignments.
• It also includes CPTPP-plus provisions, such as 150-day advance ruling and flexibility in implementation.
• These provisions are expected to enhance trade efficiency and strengthen global value chains.

Part VI: Trade in Services

• RCEP replicates the structure of ASEAN+1 FTAs and CPTPP.
• It includes negative list schedules for services, allowing greater market access in sectors like education, health, and computer-related services.
• However, the "noodle bowl" effect remains a concern due to the variety of commitments and non-conforming measures.

Part VII: Investment

• RCEP includes negative list approaches for investment, though exemptions are extensive.
• It extends TRIMs-plus provisions to prevent forced technology transfer and royalty requirements.
• Investor-state dispute settlement (ISDS) is not included, which may lead investors to use existing agreements.

Part VIII: Intellectual Property Rights (IPR)

• RCEP includes a broader scope of IPR provisions than ASEAN FTAs.
• It covers standard IPR areas as per TRIPS and introduces new fields like genetic resources, traditional knowledge, and folklore.
• Emphasis is placed on balancing rights of holders with legitimate user interests.
• "Fair use" is extended to include trademarks.
• The least developed countries are expected to be the main beneficiaries, provided they upgrade legislation and enforcement.

Part IX: Electronic Commerce

• RCEP provisions are heavily influenced by the original Trans-Pacific Partnership (TPP) and CPTPP.
• It includes free data flows and no forced data localization.
• Data localization and data flows are less stringent than in CPTPP, allowing more policy flexibility.
• These are first-of-their-kind provisions for non-CPTPP members.

Part X: Competition and Other Cross-Cutting Issues

• RCEP includes competition provisions that are less detailed than CPTPP.
• It also covers support for SMEs, economic and technical cooperation, and government procurement.
• Government procurement is less comprehensive than CPTPP and the GPA.

Key Information and Recommendations

• RCEP is not the end but a starting point for deeper regional integration.
• Built-in provisions and economic cooperation mechanisms are crucial for future expansion.
• Policy recommendations are provided to guide successful implementation and enhance the agreement's attractiveness.
• The report highlights the importance of regulatory coherence, trade facilitation, and enforcement in maximizing RCEP's benefits.

Conclusion

RCEP is a comprehensive and flexible agreement that aims to deepen economic integration and enhance trade liberalization in the Asia-Pacific region. It is accommodative to the diverse development levels of its members and is expected to support inclusive and sustainable growth. However, its implementation and effectiveness depend on policy coordination, legal alignment, and enforcement capacity. The report serves as a guide for policy makers and negotiators to optimize RCEP's potential.