Performance Requirements. Mandatory Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory: (a) to export a given level or percentage of goods or services; (b) to achieve a given level or percentage of domestic content; (c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory; (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; (e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; (f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or (g) to supply exclusively from the territory of the Party the goods that it produces or the services that it supplies to a specific regional market or to the world market. 2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any of the following requirements: (a) to achieve a given level or percentage of domestic content; (b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory; (c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or (d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings. (a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory. (b) Paragraph 1(f) does not apply: (i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or (ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7 (c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures: (i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement; (ii) necessary to protect human, animal, or plant life or health; or (iii) related to the conservation of living or non-living exhaustible natural resources. (d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs. (e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement. (f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas. 4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs. 5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 3 contracts
Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party side may impose or enforce any of the following requirements, or enforce any a commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an a covered investment of an investor of a Party or of a non-Party in its territory:
(a) area: to export a given level or percentage of goods or services;
(b) ; to achieve a given level or percentage of domestic content;
(c) ; to purchase, use, use or accord a preference to goods produced in its territoryarea, or to purchase goods from persons a person in its territory;
(d) area; to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such the investment;
(e) ; to restrict sales of goods or services in its territory area that such the investment produces or supplies by relating such those sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) ; to transfer a particular technology, a production process, process or other proprietary knowledge to a person in its territoryarea; or
(g) or to supply exclusively from the territory area of the Party one side the goods that it the investment produces or the services that it supplies provides to a specific regional market or to the world market.
2. Neither Party side may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an a covered investment in its territory of an investor of a Party or of a non-Partyarea, on compliance with any of the following requirements:
(a) : to achieve a given level or percentage of domestic content;
(b) ; to purchase, use, use or accord a preference to goods produced in its territoryarea, or to purchase goods from persons a person in its territory;
(c) area; to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such the investment; or
(d) or to restrict sales of goods or services in its territory area that such the investment produces or supplies by relating such those sales in any way to the volume or value of its exports or foreign exchange earnings.
(ai) Nothing in paragraph 1 shall be construed to prevent one side from imposing or enforcing any requirement, or enforcing any commitment or undertaking, in connection with an investment of an investor of the other side in its area, to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its area, provided that such measures are consistent with sub-paragraph 1(vi). Nothing in paragraph 2 shall be construed to prevent a Party one side from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Partythe other side in its area, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(farea. Sub-paragraph 1(vi) does not applyapply to the following situations or measures:
(i1) when a Party if one side authorises use of an intellectual property right in accordance with Article 3110-6 31 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii2) when if the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, the judicial authority or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, laws of one side. Sub-paragraphs 1(b1(i), (c1(ii), and (f), and 2(a1(iii) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or nonsub-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(aparagraphs 2(i) and (b), 2(ii) do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b. Sub-paragraphs 1(ii), (c1(iii), (f1(vi), and (g), and 2(a1(vii) and (b), sub-paragraphs 2(i) and 2(ii) do not apply to government procurement.
(f) Paragraphs 2(a. Sub-paragraphs 2(i) and (b2(ii) do not apply to requirements imposed by an the importing Party side relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any commitment, undertaking or requirement other than the requirements those set out in those paragraphs.
5. This Article does not preclude the enforcement of any commitment, undertaking, undertaking or requirement between private parties, where a Party if one side did not impose or require the commitment, undertaking, undertaking or requirement.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Contracting Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment activities of an investor of a Contracting Party or of a non-Contracting Party in its territoryArea:
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, use or accord a preference to goods produced or services provided in its territoryArea, or to purchase goods or services from persons a natural person or an enterprise in its territoryArea;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investmentinvestments of that investor;
(e) to restrict sales of goods or services in its territory Area that such investment produces investments of the investor produce or supplies provide by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, process or other proprietary knowledge to a natural person or an enterprise in its territoryArea; or
(g) to supply exclusively from the territory one or more of the Party the goods that it the investor produces or the services that it supplies the investor provides to a specific regional market region or to the world market, exclusively from the Area of the former Contracting Party.
2. Neither Contracting Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory activities of an investor of a Contracting Party or of a non-PartyContracting Party in its Area, on compliance with any of the following requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, use or accord a preference to goods produced in its territoryArea, or to purchase goods from persons a natural person or an enterprise in its territoryArea;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investmentinvestments of that investor; or
(d) to restrict sales of goods or services in its territory Area that such investment produces investments of the investor produce or supplies provide by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Contracting Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory activities of an investor of a Contracting Party or of a non-Partynon- Contracting Party in its Area, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territoryArea.
(b) Paragraph Subparagraph 1(f) does shall not applyapply when:
(i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, tribunal or competition authority to remedy an alleged violation of competition laws; or
(ii) the requirement concerns the transfer or use of intellectual property rights or disclosure of proprietary information which is undertaken in a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under manner not inconsistent with the Party’s competition laws10-.7TRIPS Agreement.
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and Subparagraphs 2(a) and (b), 2(b) shall not be construed apply to prevent a requirements imposed by an importing Contracting Party from adopting or maintaining measures, including environmental measures:
(i) relating to the content of goods necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, qualify for preferential tariffs or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resourcespreferential quotas.
(d) Paragraphs Subparagraphs 1(a), (b1(b), and (c1(c), and 2(a) and (b2(b), do shall not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs Paragraphs 1 and 2 do shall not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory:
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
(g) to supply exclusively from the territory of the Party the goods that it produces or the services that it supplies to a specific regional market or to the world market.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any of the following requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 8 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7laws10-.9
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 3 contracts
Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, establishment or sale or other disposition operation of an investment of an investor any financial institution of a Party or of a non-Party in its territory, impose or enforce any requirement, or enforce any commitment or undertaking to:
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from natural persons or enterprises in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investmentfinancial institution;
(e) to restrict sales of goods or services in its territory that such investment financial institution produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, process or other proprietary knowledge to a natural person or an enterprise in its territory; or;
(g) to supply exclusively from the territory of the Party the goods that it produces or the services that it supplies to a specific regional market or to world market;
(h) locate the headquarters of that financial institution for a specific region of the world, which is broader than the territory of the Party or of the world marketmarket in its territory;
(i) hire a given number or percentage of its nationals;
(j) restrict the exportation or sale for export.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, establishment or sale or other disposition the operation of an investment a financial institution in its territory of an investor territory, of a Party or of a non-Party, on compliance with any of the following requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from natural persons or enterprises in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; orfinancial institution;
(d) to restrict sales of goods or services in its territory that such investment financial institution produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earningsearnings or
(e) to restrict the exportation or sale for export.
(a) Nothing in paragraph 3. Paragraph 2 shall not be construed to prevent as preventing a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment the establishment or the operation of financial institutions in its territory of by an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development, development in its territory.
4. Paragraph 1 (b) Paragraph 1(ff) does not apply:
(ia) when if a Party authorises use of an intellectual property right in accordance with Article 3110-6 31 or article 31 bis of the TRIPS Agreement, Agreement or to adopts or maintains measures requiring the disclosure of proprietary data or propriety information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of the TRIPS Agreement; or
(iib) when if the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under a violation of the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resourceslaws.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 2 contracts
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory:
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
(g) to supply exclusively from the territory of the Party the goods that it produces or the services that it supplies to a specific regional market or to the world market.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any of the following requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises authorizes use of an intellectual property right in accordance with Article 3110-6 31 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7laws.9
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or and provided that such measures do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 2 contracts
Sources: Bilateral Investment Treaty, Bilateral Investment Treaty
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory:
, impose or enforce any requirement or enforce any commitment or undertaking22: (a) to export a given level or percentage of goods or services;
; (b) to achieve a given level or percentage of domestic content;
; (c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
; (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
; (e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
; (f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
or (g) to supply exclusively from the territory of the Party the goods that it such investment produces or the services that it supplies to a specific regional market or to the world market.
. For greater certainty, a condition for the receipt or continued receipt of an advantage referred to in paragraph 2 does not constitute a "requirement" or a "commitment or undertaking" for the purposes of paragraph 1. 2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any of the following requirements:
requirement: (a) to achieve a given level or percentage of domestic content;
; (b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
or (d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.such
(a) Nothing For greater certainty, nothing in paragraph 1 shall be construed to prevent a Party from, in connection with the establishment, acquisition, expansion, management, conduct, operation or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory, imposing or enforcing a requirement or enforcing a commitment or undertaking to employ or train workers in its territory, provided that such employment or training does not require the transfer of a particular technology, production process, or other proprietary knowledge to a person in its territory. (b) For greater certainty, nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, employ or train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 2 contracts
Sources: Economic Partnership Agreement, Economic Partnership Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither In the sectors inscribed in its respective Schedule of Specific Commitments in Annexes 8-A (The Union's Schedule of Specific Commitments) and 8-B (Viet Nam's Schedule of Specific Commitments) and subject to any conditions and qualifications set out therein, a Party may shall not impose or enforce any of the following requirements, requirements which are mandatory or enforce any commitment enforceable under domestic law or undertakingunder administrative rulings, in connection with the establishment, acquisition, expansion, management, conduct, operation, establishment or sale or other disposition operation of an investment any enterprises of an investor investors of a Party or of a non-Party third country in its territoryterritory to:
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from natural persons or enterprises in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investmententerprise;
(e) to restrict sales of goods or services in its territory that such investment enterprise produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, process or other proprietary knowledge to a natural person or enterprises in its territory; or
(g) to supply exclusively from the territory of the Party a good produced or a service provided by the goods that it produces or the services that it supplies enterprise to a specific regional market or to the world market.
2. Neither In the sectors inscribed in its respective Schedule of Specific Commitments in Annexes 8-A (The Union's Schedule of Specific Commitments) and 8-B (Viet Nam's Schedule of Specific Commitments) and subject to any conditions and qualifications set out therein, a Party may shall not condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, establishment or sale or other disposition operation of an investment in its territory enterprise of an investor of a Party or of a non-Partythird country in its territory, on compliance with any of the following requirementsrequirements to:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, use or accord a preference to goods produced in its territory, or to purchase goods from persons producers in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investmententerprise; or
(d) to restrict sales of goods or services in its territory that such investment enterprise produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 3. Paragraph 2 shall not be construed to prevent as preventing a Party from conditioning the receipt or continued receipt of an advantage, advantage in connection with an investment any enterprise in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development, development in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 2 contracts
Sources: Free Trade Agreement, Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, establishment of any enterprise or sale or other disposition the operation of an any investment of an investor of a Party or of a non-Party in its territory, impose or enforce any requirement, or enforce any commitment or undertaking to:
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;; 12 For greater certainty, whether treatment is accorded in “like situations” requires a case-by-case, fact- based analysis and depends on the totality of the situations
(c) to purchase, use, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from natural persons or enterprises in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, process or other proprietary knowledge to a natural person or an enterprise in its territory; or;
(g) to supply exclusively from the territory of the Party the goods that it produces or the services that it supplies to a specific regional market or to world market;
(h) locate the headquarters of that investor for a specific region of the world, which is broader than the territory of the Party or the world marketmarket in its territory;
(i) hire a given number or percentage of its nationals;
(j) restrict the exportation or sale for export;
(k) adopt:
(i) a given rate or amount of royalty below a certain level under a licence contract; or
(ii) a given duration of the term of a licence contract, in regard to any licence contract in existence at the time the requirement is imposed or enforced, or any commitment or undertaking is enforced, or any future licence contract13 freely entered into between the investor and a natural or juridical person or any other entity in its territory, provided that the requirement is imposed or the commitment or undertaking is enforced in a manner that constitutes a direct interference with that licence contract by an exercise of non-judicial governmental authority of a Party. For greater certainty, paragraph (k) does not apply when the licence contract is concluded between the investor and a Party.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, establishment of an enterprise or sale or other disposition the operation of an investment in its territory of an investor territory, of a Party or of a non-Party, on compliance with any of the following requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from natural persons or enterprises in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or;
(d) to restrict sales of goods or services in its territory that such investment produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earningsearnings or
(e) to restrict the exportation or sale for export.
(a) Nothing in paragraph 3. Paragraph 2 shall not be construed to prevent as preventing a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment investments in its territory of by an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development, development in its territory.
4. Paragraph 1 (bf) Paragraph 1(fand (k) does not apply:
(i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 2 contracts
Sources: Investment Agreement, Investment Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory:, impose or enforce any requirement or enforce any commitment or undertaking:3
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
(g) to supply exclusively from the territory of the Party the goods that it such investment produces or the services that it supplies to a specific regional market or to the world market.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any of the following requirementsrequirement:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises authorizes use of an intellectual property right in accordance with Article 3110-6 31 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7laws.4
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or and provided that such measures do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.and
Appears in 1 contract
Sources: Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
11 . Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, conduct or sale or other disposition operation of an investment of an investor of a Party or of a non-Party in its territory:
(a) to To export a given level or percentage of goods or servicesgoods;
(b) to To achieve a given level or percentage of domestic content;
(c) to To purchase, use, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from persons in its territory;
(d) to To relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to To restrict sales of goods or services in its territory that such investment produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to To transfer a particular technology, a production process, process or other proprietary knowledge to a person in its territory, except when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal or competition authorities to remedy an alleged violation of competition laws or to act in a manner not inconsistent with other provisions of this Agreement; or
(g) to To supply exclusively from the territory of the Party the goods that it produces or the services that it supplies provides to a specific regional market or to the world market.
22 . A measure that requires an investment to use a technology to meet generally applicable health, safety or environmental requirements shall not be construed to be inconsistent with subparagraph 1(f).
3 . Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any of the following requirements:
(a) to To achieve a given level or percentage of domestic content;
(b) to To purchase, use, use or accord a preference to goods produced in its territory, or to purchase goods from persons producers in its territory;
(c) to To relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to To restrict sales of goods or services in its territory that such investment produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) 4 . Nothing in paragraph 2 3 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does 5 . Paragraphs 1 and 3 shall not applyapply to any requirement other than the requirements set out in those paragraphs.
6 . The provisions of:
(ia) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs Subparagraphs 1(a), (b), ) and (c), and 2(a3(a) and (b), do ) shall not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.;
(eb) Paragraphs Subparagraphs 1(b), (c), (f), ) and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a3(a) and (b) do shall not apply to procurement by a Party or a state enterprise; and
(c) Subparagraphs 3(a) and (b) shall not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 1 contract
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory:, impose or enforce any requirement or enforce any commitment or undertaking: (3)
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
(g) to supply exclusively from the territory of the Party the goods that it such investment produces or the services that it supplies to a specific regional market or to the world market.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any of the following requirementsrequirement:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises authorizes use of an intellectual property right in accordance with Article 3110-6 31 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s 's competition laws10-.7laws.(4)
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or and provided that such measures do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and and
(f), ) and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 1 contract
Sources: Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements15-11)
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory:
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
(g) to supply exclusively from the territory of the Party the goods that it produces or the services that it supplies to a specific regional market or to the world market.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-non- Party, on compliance with any of the following requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises authorizes use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement16.7.6 (Patents), or and to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s Partyâs competition laws10-.7laws.
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs Paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources; provided that such measures are not applied in an arbitrary or unjustifiable manner, and provided that such measures do not constitute a disguised restriction on investment or international trade.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 1 contract
Sources: Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a the other Party or of a non-Party in its territory:, impose or enforce any requirement or enforce any commitment or undertaking: (14)
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic contentcontent of goods or services;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or;
(g) to supply exclusively from the territory of the Party the goods that it such investment produces or the services that it supplies to a specific regional market or to the world market;
(h) to locate the headquarters for a specific region or the world market in its territory; or
(i) to achieve a given percentage or value of research and development in its territory.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a the other Party or of a non-Party, on compliance with any of the following requirementsrequirement:
(a) to achieve a given level or percentage of domestic contentcontent of goods or services;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 1 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantageParty, in connection with an investment in its territory of an investor of a the other Party or of a non-Party, from imposing or enforcing a requirement or enforcing a commitment or undertaking to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory, provided that such measure is consistent with paragraph 1(f).
(b) Nothing in paragraph 2 shall be construed to prevent a Party, in connection with an investment in its territory of an investor of the other Party or of a non-Party, from conditioning the receipt or continued receipt of an advantage on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(bc) Paragraph 1(f) does not apply:
(i) when a Party authorises authorizes the use of an intellectual property right in accordance with Article 3110-6 31 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the competition laws of the Party’s competition laws10-.7. (15)
(cd) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or and provided that such measures do not constitute a disguised restriction on international trade or investment, paragraphs paragraph 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with the laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or and non-living exhaustible natural resources.
(de) Paragraphs 1(a), (b), ) and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(ef) Paragraphs 1(b), (c), and (f), and (g), and 2(a) and (b), do not apply to government procurement.
(fg) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any commitment, undertaking, or requirement other than the requirements those set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 1 contract
Sources: Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither No Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingshall, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory, impose or enforce a requirement, or enforce a commitment or undertaking:
(a) to export a given level or percentage of goods a good or servicesservice;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, or accord a preference to goods toa good produced or service provided in its territory, or to purchase goods a good or service from persons a person in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such that investment;
(e) to restrict sales of goods a good or services service in its territory that such the investment produces or supplies provides by relating such those sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, source code of software, or other proprietary knowledge to a person in its territory;
(i) to purchase, use, or accord a preference to, in its territory, technology of the Party or of a person of the Party, (4) or
(ii) that prevents the purchase or use of, or the according of a preference to, in its territory, a technology;
(h) that prohibits or restricts the cross-border transfer of information by electronic means, if this transfer is related to the business of a covered investment or the business of an investor of a Party; or
(gi) to supply exclusively from the territory of the Party a good that the goods that it investment produces or the services that a service it supplies provides to a specific regional market or to the world market.
2. Neither No Party may shall condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Partyterritory, on compliance with any of the following requirementsa requirement:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods a good produced in its territory, or to purchase goods a good from persons a producer in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such that investment; or
(d) to restrict sales of goods a good or services service in its territory that such the investment produces or supplies provides by relating such those sales in any way to the volume or value of its exports or foreign exchange earnings.
3. The provisions of:
(a) Nothing in paragraph 2 shall be construed to do not prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Partyany investments, on compliance with a requirement to locate production, supply provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development, development in its territory.;
(b) Paragraph paragraphs 1(a), 1(b), 1(c), 2(a), and 2(b) do not apply to a qualification requirement for a good or service with respect to export promotion and foreign aid programs;
(c) paragraphs 1(b), 1(c), 1(f), 1(g), 1(h), 1(i), 2(a), and 2(b) do not apply to procurement by a Party;
(d) paragraphs 2(a) and 2(b) do not apply to a requirement imposed by an importing Party relating to the content of a good necessary to qualify for a preferential tariff or preferential quota;
(e) paragraphs 1(f) does and 1(g) do not apply:
(i) when if a Party authorises authorizes use of an intellectual property right in accordance with Article 3110-6 31 (5) of the TRIPS Agreement, or to measures a measure requiring the disclosure of proprietary information that fall falls within the scope of, and are is consistent with, Article 39 of the TRIPS Agreement; , or
(ii) when if the requirement is imposed or the commitment requirement, commitment, or undertaking is enforced by a court, administrative tribunal, tribunal or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s an alleged violation of domestic competition laws10-.7law;
(cf) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c1(c), and (f1(f), and 1(g), 1(h), 2(a) and (b), 2(b) shall not be construed to prevent a Party from adopting or maintaining measuresa measure to achieve a legitimate public policy objective, including environmental measuresprovided that the measure:
(i) necessary to secure compliance with laws and regulations that are is not inconsistent with this Agreement;applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade, and
(ii) necessary does not impose restrictions greater than are required to protect human, animalachieve the objective;
(g) paragraph 1(f) do not preclude a regulatory body or judicial authority of a Party from requiring a person of the other Party to preserve and make available the source code of software, or plant life an algorithm expressed in that source code, to the regulatory body for a specific investigation, inspection, examination, enforcement action, or health; orjudicial proceeding, (6) subject to safeguards against unauthorized disclosure;
(iiih) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(aparagraphs 1(g) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b1(h) do not apply to requirements imposed by an importing a measure that a Party adopts or maintains relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.a financial institution; and
4. For greater certainty, paragraphs 1 and 2 (i) paragraph 1(h) do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement information held or processed by or on behalf of any commitment, undertakinga Party, or requirement between private partiesa measure related to this information, where including a Party did not impose or require the commitment, undertaking, or requirementmeasure related to its collection.
Appears in 1 contract
Sources: Investment Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in Partyorofa nonPartyin its territory:
: (a) to export a given level or percentage of goods or services;
exportagivenlevelorpercentageofgoodsorservices; (b) to achieve a given level or percentage of domestic content;
givenlevelorpercentageofdomestic content; (c) to purchase, use, use or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
territory; (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
withsuch investment; (e) to restrict sales of goods or services in its territory that such investment produces or supplies provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
foreignexchange earnings; (f) to transfer a particular technology, a production process, process or other proprietary knowledge to a person in its territory; or
territory 107; or (g) to supply exclusively from the territory of the Party the goods that it produces or the services that it supplies provides to a specific regional market regionalmarket or to the world market.
. 2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an 107 For greater certainty, nothing in paragraph 1 shall be construed to prevent a Party, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a nonParty in its territory, from imposing or enforcing a requirement or enforcing a commitment or undertaking to train workers in its territory, provided that such training does not require the transfer of a particular technology, production process, or other proprietaryknowledge toa person in itsterritory. investment in its territory of an investor of a Party or of a non-PartynonParty, on compliance with any of the withanyofthe following requirements:
: (a) to achieve a given level or levelor percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.content;
Appears in 1 contract
Sources: Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party in its territory:Party, impose or enforce any requirement or enforce any commitment or undertaking: (4)
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
(g) to supply exclusively from the territory of the Party the goods that it such investment produces or the services that it supplies to a specific regional market or to the world market.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any of the following requirementsrequirement:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.. (5)
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises authorizes use of an intellectual property right in accordance with Article 3110-6 31 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s 's competition laws10-.7laws. (6)
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or and provided that such measures do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any commitment, undertaking, or requirement other than the requirements those set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement. For purposes of this Article, private parties include designated monopolies or state enterprises, where such entities are not exercising delegated governmental authority.
Appears in 1 contract
Sources: Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a the other Party or of a non-Party in its territory:, impose or enforce any requirement or enforce any commitment or undertaking: (29)
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic contentcontent of goods or services;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or;
(g) to supply exclusively from the territory of the Party the goods that it such investment produces or the services that it supplies to a specific regional market or to the world market;
(h) to locate the headquarters for a specific region or the world market in its territory; or
(i) to achieve a given percentage or value of research and development in its territory.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a the other Party or of a non-Party, on compliance with any of the following requirementsrequirement:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 1 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantageParty, in connection with an investment in its territory of an investor of a the other Party or of a non-Party, from imposing or enforcing a requirement or enforcing a commitment or undertaking to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory, provided that such measure is consistent with paragraphs 1(f) and 1(i).
(b) Nothing in paragraph 2 shall be construed to prevent a Party, in connection with an investment in its territory of an investor of the other Party or of a non-Party, from conditioning the receipt or continued receipt of an advantage on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(bc) Paragraph 1(f) does not apply:
(i) when a Party authorises authorizes use of an intellectual property right in accordance with Article 3110-6 31 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7laws. (30)
(cd) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or and provided that such measures do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c1(c), and (f1(f), and 2(a) and (b2(b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this AgreementChapter;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or and non-living exhaustible natural resources.
(de) Paragraphs 1(a), (b1(b), and (c1(c), and 2(a) and (b2(b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(ef) Paragraphs 1(b), (c1(c), (f1(f), and (g1(g), and 2(a) and (b2(b), do not apply to government procurement.
(fg) Paragraphs 2(a) and (b2(b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any commitment, undertaking, or requirement other than the requirements those set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 1 contract
Sources: Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingshall, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory:, impose or enforce any requirement, or enforce any commitment or undertaking: (17)
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such the investment;
(e) to restrict sales of goods or services in its territory that such the investment produces or supplies by relating such those sales in any way to the volume or value of its exports or foreign exchange earnings;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or;
(g) to supply exclusively from the territory of the Party the goods that it the investment produces or the services that it supplies to a specific regional market or to the world market.;
(i) to purchase, use, or accord a preference to, in its territory, technology of the Party or of a person of the Party; (18) or
(ii) that prevents the purchase or use of, or the according of a preference to, in its territory, a particular technology;
(i) to locate the regional or world headquarters of an enterprise in its territory;
(j) to achieve a given level or value of research and development in its territory;
(k) to adopt:
(i) a rate or amount of royalty below a certain level; or
(ii) a given duration of the term of a licence contract, (19)
2. Neither Party may shall condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-PartyParty in its territory, on compliance with any of the following requirementsrequirement:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such the investment; or
(d) to restrict sales of goods or services in its territory that such the investment produces or supplies by relating such those sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) 3. Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Partynon- Party in its territory, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 31. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(i) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(ii) necessary to protect human, animal, or plant life or health; or
(iii) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 1 contract
Sources: Free Trade Agreement
Performance Requirements. Mandatory Performance Requirements
1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertakingmay, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party in its territory:Party, impose or enforce any requirement or enforce any commitment or undertaking:11
(a) to export a given level or percentage of goods or services;
(b) to achieve a given level or percentage of domestic content;
(cb) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(dc) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
(ed) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
(e) to export a given level or percentage of goods;
(f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
(g) to supply exclusively from the territory of the Party the goods that it produces or the services that it supplies to a specific regional market or to the world marketmarket exclusively from its territory, one or more of the goods that such investment produces.
2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any requirement: 11 For greater certainty, a condition for the receipt or continued receipt of the following requirements:an advantage referred to in paragraph 2 does not constitute a “commitment or undertaking” for purposes of paragraph 1.
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
(d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings.
(a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.
(b) Paragraph 1(f) does not apply:
(i) when a Party authorises use of an intellectual property right in accordance with Article 3110-6 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(ii) when the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after 10-6The reference to Article 31 includes footnote 7 to Article 313. judicial or administrative process to be anticompetitive under the Party’s competition laws10-.7
(c) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or and provided that such measures do not constitute a disguised restriction on international trade or investment, paragraphs 1(b1(a), (cb), and (f), and 2(a) and (b), shall not be construed to prevent a Party from adopting or maintaining measures, including environmental measures:
(ia) necessary to secure compliance with laws and regulations that are not inconsistent with this Agreement;
(iib) necessary to protect human, animal, or plant life or health; or
(iiic) related to the conservation of living or non-living exhaustible natural resources.
(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs.
(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to government procurement.
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the requirements set out in those paragraphs.
5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement.
Appears in 1 contract
Sources: Investment Agreement