Common use of Transfers and Payments Clause in Contracts

Transfers and Payments. 1. Each Party shall permit all transfers and payments relating to the cross-border supply of services to be made freely and without delay into and out of its territory. 2. Each Party shall permit such transfers and payments relating to the cross- border supply of services to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcy, insolvency or the protection of the rights of creditors; (b) issuing, trading or dealing in securities, futures, options, or derivatives; (c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; (d) criminal or penal offences; (e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or (f) social security15, public retirement or compulsory savings schemes. 4. Nothing in this Chapter shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the International Monetary Fund, including the use of exchange actions which are consistent with such Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its obligations under this Chapter regarding such transactions, except under Article 16.5 (Restrictions to Safeguard the Balance of Payments) or at the request of the International Monetary Fund.

Appears in 2 contracts

Sources: Economic Partnership Agreement, Economic Partnership Agreement

Transfers and Payments. 1. Each Party shall permit all transfers and payments relating to the cross-border supply of services to be made freely and without delay into and out of its territory. 2. Each Party shall permit such transfers and payments relating to the cross- cross-border supply of services to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non-discriminatory and good faith application of its laws relating to: : (a) bankruptcy, insolvency or the protection of the rights of creditors; ; (b) issuing, trading or dealing in securities, futures, options, or derivatives; ; (c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; ; (d) criminal or penal offences; offenses; (e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or or (f) social security15security, public retirement or compulsory savings schemes. 4. Nothing in this Chapter shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the International Monetary Fund, including the use of exchange actions which are consistent in conformity with such the Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its obligations under this Chapter regarding such transactions, except under Article 16.5 18.5 (Restrictions to Safeguard the Balance of Payments) or at the request of the International Monetary Fund.

Appears in 1 contract

Sources: Economic Partnership Agreement

Transfers and Payments. 1. Each Party shall permit all transfers and payments relating to the cross-border supply of services to be made freely and without delay into and out of its territory. 2. Each Party shall permit such transfers and payments relating to the cross- cross-border supply of services to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non-discriminatory and good faith application of its laws relating to: : (a) bankruptcy, insolvency or the protection of the rights of creditors; ; (b) issuing, trading or dealing in securities, futures, options, or derivatives; ; (c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; ; (d) criminal or penal offences; ; (e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or or (f) social security15, public retirement or compulsory savings schemes. 4. Nothing in this Chapter shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the International Monetary Fund, including the use of exchange actions which are consistent with such Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its obligations under this Chapter regarding such transactions, except under Article 16.5 (Restrictions to Safeguard the Balance of Payments) or at the request of the International Monetary Fund.

Appears in 1 contract

Sources: Economic Partnership Agreement

Transfers and Payments. 1. Each Party shall permit all transfers and payments relating to the cross-border supply of services to be made freely and without delay into and out of its territory. 2. Each Party shall permit such transfers and payments relating to the cross- border supply of services to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcy, insolvency or the protection of the rights of creditors; (b) issuing, trading or dealing in securities, futures, options, or derivatives; (c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; (d) criminal or penal offencesoffenses; (e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or (f) social security15security, public retirement or compulsory savings schemes. 4. Nothing in this Chapter shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the International Monetary Fund, including the use of exchange actions which are consistent in conformity with such the Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its obligations under this Chapter regarding such transactions, except under Article 16.5 (Restrictions to Safeguard the Balance of Payments) or at the request of the International Monetary Fund.Article

Appears in 1 contract

Sources: Trade Agreement