ASEAN Comprehensive Investment Agreement
SECTION A
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Article 9 - Reservations
1. Articles 5 (National Treatment) and 8 (Senior Management and Board of Directors) shall not apply to:
(a) any existing measure that is maintained by a Member State at:
(i) the central level of government, as set out by that Member State in its reservation list in the Schedule referred to in paragraph 2;
(ii) the regional level of government, as set out by that Member State in its reservation list in the Schedule referred to in paragraph 2; and
(iii) a local level of government;
(b) the continuation or prompt renewal of any reservations referred to sub-paragraph (a).
2. Each Member State shall submit its reservation list to the ASEAN Secretariat for the endorsement of the AIA Council within 6 months after the date of signing of this
Agreement. This list shall form a Schedule to this Agreement.3. Any amendment or modification to any reservations contained in the Schedule referred to in paragraph 2 shall be in accordance with Article 10 (Modification of Commitments).
4. Each Member State shall reduce or eliminate the reservations specified in the Schedule in accordance with the three phases of the Strategic Schedule of the AEC Blueprint and Article 46 (Amendments).
5. Articles 5 (National Treatment) and 6 (Most-FavouredNation Treatment) shall not apply to any measure covered by an exception to, or derogation from, the obligations under Articles 3 and 4 of the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement, as may be amended (“TRIPS Agreement”), as specifically provided in those Articles and in Article 5 of the TRIPS Agreement.
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