Common use of Denial of Benefits Clause in Contracts

Denial of Benefits. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to: (a) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of a third State and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

Denial of Benefits. Subject to prior notification and consultationconsultations, and in accordance with the procedures set out in Article 21.2 (Notification and Provision of Information), a Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of such Party and to investments of such investor where the investment is being made by a Party establishes that the enterprise that is owned or controlled by persons of a third State non-Party, or of the denying Party, and the enterprise has no substantive business activities operations in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of the other Party and to its investments, where the investment is being made by a denying Party establishes that the enterprise that is owned or controlled by persons an investor of a third State non-Party and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by an enterprise of such other Party and to investments of that investor if persons of a third State and non-Party own or control the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of and the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of such Party and to an investment of such investor if investors of a third State and non-Party own or control the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of and the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of such Party and to investments of such investor, if investors of a third State and non-Party own or control the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of and the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) to an investor of another Party that is an enterprise of such Party and to investments of such investor if investors of the other a non-Party where the investment is being made by a enterprise that is owned own or controlled by persons of a third State and control the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of and the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of such Party and to investments of such an investor where the investment is being made by a Party establishes that the enterprise that is owned or controlled by persons of a third State non-Party and the enterprise has no substantive business activities operations in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where that is an enterprise of the investment is being made by a other Party and to its investments if the enterprise that is owned or controlled by persons an investor of a third State non-Party and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to: (a) investors of the other Party where the investment is being made by a an enterprise that is owned or controlled by persons of a third State non-Party and the enterprise has no substantive business activities operations in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a an enterprise that is owned or controlled by persons of the denying Party and the enterprise has no substantive business operations in the territory of the other Party.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of a third State and the an enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where and to investments of that investor if the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.enterprise:

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of such other Party and to investments of that investor if an investor of a third State and non-Party owns or controls the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of and the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of such Party and to investments of such an investor where the investment is being made by a Party establishes that the enterprise that is owned or controlled by persons of a third State non-Party, or of the denying Party, and the enterprise has no substantive business activities operations in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of the other Party and to an investment of such investor if investors of a third State own or control the enterprise, and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.:

Denial of Benefits. Subject A Party, subject to prior notification and consultationconsultation with the other party, a Party partial or total may deny the benefits of this Chapter to: (a) investors chapter to an investor of the other Party where the investment is being made by a party of such an enterprise that is owned or controlled by persons party to such investments and of where the investor Party determines that investors of a third State and non-party own or control the enterprise and that has no substantive substantial business activities in the territory of the other Party; party under whose law it is constituted or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of that other Party and to investments of that investor if investors of a third State and non-Party own or control the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of and the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of such Party and to investments of such investor if investors of a third State and non-Party own or control the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of and the denying Party.:

Denial of Benefits. Subject A Party may, after notice to prior notification and consultationconsultation with the other Party, a Party may deny the benefits of this Chapter to: (a) to an investor of another Party that is an enterprise of that Party, and to investments of that investor, if investors of a non-Party own or control a majority of the other Party where capital of the investment is being made by a enterprise that is owned or controlled by persons of a third State and the enterprise has no substantive does not have substantial business activities in the territory of the other Party; Party under whose law it is incorporated or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior Upon notification and consultationconsultation done according to Articles 17.04 (Provision of Information) and 19.06 (Consultations), a Party may deny the benefits of under this Chapter to: (a) investors to an investor of the other Party where that is an enterprise of such other Party and to the investment is being made by a enterprise that is owned or controlled by persons of this investor, if investors of a third State non Party are owners of or control the enterprise under the terms set out in the definition “ investment” of an investor of a Party according to Article 10.39 and the enterprise has no substantive substantial business activities in the territory of the other Party; Party under whose law it is constituted or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject A Party, subject to prior notification and consultation, a consultation with the other Party may deny the benefits of this Chapter to: (a) investors chapter to an investor of the other Party where the investment is being made by a enterprise that is owned an enterprise of such party and to investments of investors that investor if a Party of non- own or controlled by persons of a third State and control the enterprise and that has no substantive substantial business activities in the territory of the other Party; Party whose under domestic law it is constituted or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.organized. Section C. "investor - State dispute settlement

Denial of Benefits. Subject to prior notification and consultationconsultation according to the procedures set out in Article 17.4 (Consultations), a Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of such Party and to investments of such an investor where the investment is being made by a Party establishes that the enterprise that is owned or controlled by persons of a third State non-Party, or of the denying Party, and the enterprise has no substantive business activities operations in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of the other Party and to its investments, where the investment is being made by a denying Party establishes that the enterprise that is owned or controlled by persons an investor of a third State non- Party and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.:

Denial of Benefits. Subject to prior Upon notification and consultationconsultation in accordance with Articles 16-03 (Notification and Provision of Information) and 18-03 (Consultations), a Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of that Party and to investments of such an investor, if investors of a third State non-Party own or control the enterprise and the enterprise has no substantive does not have substantial business activities in the territory of the other Party; Party under whose law it is incorporated or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of such other Party and to a third State and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors financial institution of the other Party where the investment is being made by a enterprise that is owned or controlled by a BIT investment of that investor if persons of a non-Party own or control the enterprise and the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of that other Party and to investments of such investor where the investment is being made by a Party establishes that the enterprise that is owned or controlled by persons of a third State non-Party and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.:

Denial of Benefits. Subject to prior previous notification and consultationconsultation done according to Articles 13.04 (Provision of Information) and 15.05 (Consultations), a Party may deny the benefits of under this Chapter to: (a) investors to an investor of the other Party where that is an enterprise of such other Party and to the investment is being made by a enterprise that is owned or controlled by persons of this investor, if the investors of a third State non-Party own or control, (directly or indirectly) the enterprise and the enterprise has no substantive substantial business activities in the territory of the other Party; Party under whose law it is constituted or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior notification and consultation, a (23) A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by an enterprise of that other Party and to investments of that investor if persons of a third State non-Party own or control the enterprise and the enterprise has no substantive business activities in denying Party adopts or maintains measures with respect to the territory non-Party or a person of the other Party; non-Party that prohibit transactions with the enterprise or (b) investors that would be violated or circumvented if the benefits of this Chapter were accorded to the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyto its investments.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of that Party and to investments of that investor if investors of a third State non-Party own or control the enterprise and the denying Party adopts or maintains a measure with respect to the non-Party that prohibits transactions with the enterprise has no substantive business activities in or that would be violated or circumvented if the territory benefits of this Chapter were accorded to the other Party; enterprise or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyto its investments.

Denial of Benefits. Subject A Party, subject to prior notification and consultation, a consultation with the other Party may deny the benefits of this Chapter to: (a) chapter to an investor of that Party that is an enterprise of the same and to investments of investors of such investor if a non-party own or control the other Party where the investment is being made by a enterprise that is owned or controlled by persons of a third State majority and the enterprise has no substantive substantial business activities in the territory of the other Party; party under whose law it is constituted or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors Section to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of a third State that Party and the enterprise has no substantive business activities in the territory to investments of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.investor if:

Denial of Benefits. Subject A Party, after notice to prior notification and consultationconsultation with the other Party, a Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of that Party and to investments of that investor, if investors of a third State non-Party own or control the enterprise and the enterprise has no substantive does not have substantial business activities in the territory of the other Party; Party under whose domestic law it is incorporated or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject After notice to prior notification and consultationconsultation with the other Party, a Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of that Party, and to investments of that investor, where investors of a third State non-Party majority own or control the enterprise and the enterprise has no substantive does not have substantial business activities in the territory of the other Party; Party under whose law it is incorporated or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject A Party, subject to prior notification and consultation, a consultation with the other Party may deny the benefits of this Chapter to: (a) chapter to an investor of another party that is of such an enterprise and party to such investments of investors of the other Party where the investment is being made by non- investor if a enterprise that is owned or controlled by persons party are owners of a third State and the enterprise and that party has no substantive substantial business activities in the territory of the other Party; party under whose law it is constituted or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior Upon notification and consultationconsultation done according to Articles 17.04 (Provision of Information) and 19.06 (Consultations), a Party may deny the benefits of under this Chapter to: (a) investors to an investor of the other Party where that is an enterprise of such other Party and to the investment is being made by a enterprise that is owned or controlled by persons of this investor, if investors of a third State non Party are owners of or control the enterprise under the terms set out in the definition “investment” of an investor of a Party according to Article 10.39 and the enterprise has no substantive substantial business activities in the territory of the other Party; Party under whose law it is constituted or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior With previous notification and consultationconsultation done according to Articles 16.04 (Provision of Information) and 18.05 (Consultations), a Party may deny the benefits of under this Chapter to: (a) investors to an investor of the other Party where that is an enterprise of such other Party and to the investment is being made by a enterprise that is owned or controlled by persons of this investor, if the investors of a third State non-Party own or control, (directly or indirectly), the enterprise and the enterprise has no substantive substantial business activities in the territory of the other Party; Party under whose law it is constituted or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior notification and consultation, a A Party may deny the benefits of this Chapter to: (a) investors of the An investor from another Party that is an enterprise from that other Party where and to the investment is being made by a enterprise that is owned or controlled by persons investments of said investor, if an investor of a third State and non-Party owns or controls the enterprise has no substantive business and this enterprise does not conduct substantial commercial activities in the territory of the other Party; An investor of another Party that is an enterprise of that other Party and to the investments of said investor, if an investor of the Denying Party owns or (b) investors controls the enterprise and this enterprise does not conduct substantial commercial activities in the territory of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

Denial of Benefits. Subject to prior notification and consultationconsultation according to the procedures set out in Article 17.4 (Consultations), a Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of such Party and to investments of such an investor where the investment is being made by a Partyestablishes that the enterprise that is owned or controlled by persons bypersons of a third State nonParty, or of the denying Party, and the enterprise has no substantive business activities in the territory of the operations inthe territoryofthe other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

Denial of Benefits. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to: (a) investors an investor of the other Party where and to its investments if the investment investor is being made by a an enterprise that is owned or controlled by persons of a third State non-Party and the such enterprise has no substantive business activities operations in the territory of the other Party; or (b) investors an investor of the other Party where and to its investments if the investment investor is being made by a an enterprise that is owned or controlled by persons of the denying Party and such enterprise has no substantive business operations in the territory of the other Party.

Denial of Benefits. Subject 1. A Party may, after notice to prior notification and consultationconsultation with another Party, a Party may deny the benefits of this Chapter to: (a) to an investor of that Party that is an enterprise of that Party and to investments of such an investor, if investors of a non-Party majority own or control the other Party where the investment is being made by a enterprise that is owned or controlled by persons of a third State and the enterprise has no substantive does not have substantial business activities in the territory of the other Party; Party under whose law it is incorporated or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyorganized.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of a third State and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the such other Party where the investment is being made by a enterprise and to investments of that is owned or controlled by persons of the denying Party.investor if:

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of such Party and to investments of that investor if investors of a third State non-Party own or control the enterprise and the denying Party adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise has no substantive business activities in or that would be violated or circumvented if the territory benefits of this Chapter were accorded to the other Party; enterprise or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyto its investments.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party that is an enterprise of that other Party and to investments of such investor where the investment is being made by a Party establishes that the enterprise that is owned or controlled by persons of a third State non- Party and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.:

Denial of Benefits. Subject to prior notification and consultation, a A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where and to its investments if the investment investor is being made by a an enterprise that is owned or controlled by persons of a third State non-Party or the denying Party, and the such enterprise has no substantive business activities operations in the territory of the other Party; or (b) investors . The denying Party shall, to the extent practicable, notify the other Party before denying the benefits. If the denying Party provides such notice, it shall consult with the other Party at the request of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

Denial of Benefits. Subject to prior notification and consultation, a 1. A Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons an enterprise of such Party and to investments of such investor if investors of a third State non-Party own or control the enterprise and the denying Party adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise has no substantive business activities in or that would be violated or circumvented if the territory benefits of this Chapter were accorded to the other Party; enterprises or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyto its investments.