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 Party may deny the benefits of this Chapter to: (a) investors to an investor of the other Party where and to investments of that investor if the investment investor is being made by a enterprise that is an enterprise: (a) owned or controlled either by persons of a third State and non-Party or of the enterprise denying Party; and (b) 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 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 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 that is an enterprise 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 denying Party establishes that: (a) the enterprise has no substantive substantial business activities operations in the territory of the other Party; or or (b) investors of the other denying Party where own or control the investment is being made by a enterprise that is owned or controlled by persons of the denying Partyenterprise.

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 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 denying Party: (a) does not maintain diplomatic relations with the territory of the other non-Party; or (b) investors adopts or maintains measures with respect to the non- Party that prohibit transactions with the enterprise or 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 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 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 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 party and the enterprise has no substantive business activities operations in the territory of the other Party; or 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 1. Following notification and consultationthrough the contact point of a Party, a Party may deny the benefits of this Chapter to: Chapter: (a) investors To an investor of the other another Party where the covered 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 any other Party; or or (b) investors To an investor of the other another Party where the covered 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 operation in the territory of any 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 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 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 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: (a) an investor of a third State and country owns or controls the enterprise has no substantive business activities in the territory of the other Partyenterprise; or and (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 PartyParty adopts or maintains a measure with respect to the third country that: (i) relates to the maintenance of international peace and security; and (ii) prohibits transactions with the enterprise or would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to its investments.

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 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 Party may deny the benefits of this Chapter to: (a) investors service suppliers of the other another Party where the investment service is being made supplied 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 any Party; or (b) investors service suppliers of the other another Party where the investment service is being made supplied 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 any Party.

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. "investor - State dispute settlement

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

Denial of Benefits. Subject to prior notification and consultationconsultation in accordance with Articles 18.04 (Provision of Information) and 20.06 (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 such Party and to investments of such investors if investors of a third State non-Party own or control the enterprise in accordance with the definition of "investment of an investor of a Party" in Article 10.40 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 that Party and to investments of that investor if: a) an investor of a third State country owns or controls the enterprise; and b) the denying Party adopts or maintains a measure with respect to the third country that: i. relates to the maintenance of international peace and security; and ii. prohibits transactions with the enterprise has no substantive business activities in or 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 consultationarticle 16.4 (consultations), a Party may deny the benefits of this Chapter chapter to: : (a) investors 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 investments and other such Party to that of investor if an investor of a third State non-party owns or controls and the enterprise that has no substantive substantial business activities in the territory of the other Partyparty; or or (b) investors An investor of the other Party where the investment is being made by a enterprise that is owned an enterprise of investments and other such Party to that of investor if an investor of denying the party owns or controlled by persons controls, and that the enterprise has no substantial business activities in the territory of the denying Partyother party.

Denial of Benefits. Subject to prior 1. Following notification and consultationthrough the contact point of a Party, a Party may deny the benefits of this Chapter to: Chapter: (a) investors to an investor of the other another Party where the covered 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 any other Party; or or (b) investors to an investor of the other another Party where the covered 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 operation in the territory of any other Party.

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 notification and consultation, a 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: (a) the investors of a third State and non-Party owns or controls the enterprise has no substantive business activities in the territory of the other Partyenterprise; or and (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 PartyParty adopts or maintains a measure with respect to the non-Party that: (i) are related to the maintenance of international peace and security; and (ii) prohibit transactions with the enterprise or would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to its investments.

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 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 Upon notification and consultation, a Party may deny the benefits of this Chapter to: : (a) investors an investor of the other Party where the investment is being made by a enterprise that is owned or controlled by persons a company of that other Party and of the investor's investments, if an investor of a third State non-Party country owns or controls the company and the enterprise it has no substantive business substantial commercial activities in the territory Of the other part; or (b) an investor of the other Party that is a company of that other Party and of that investor's investments, if an investor of the refusing Party owns or controls the company and it does not have substantial commercial activities in the territory of the 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 Partypart.