Denial of Benefits. 1 A Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to investments of such investor if investors of a 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 or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investments.
Appears in 7 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Denial of Benefits. 1 A Party may may, at any time, deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such that other Party and to investments of such that investor if investors if:
(a) Persons of a non-Party own or control the enterprise and the enterprise; and
(b) The denying Party adopts or maintains measures with respect to the non-Party or a person of the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises enterprise or to its investments.
Appears in 6 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Denial of Benefits. 1 A Subject to prior notification and consultation, a Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to investments of such an investor if investors where the Party establishes that the enterprise is owned or controlled by persons of a non-Party own Party, or control the enterprise and of the denying Party adopts or maintains measures with respect to Party, and has no substantive business operations in the non-Party that prohibit transactions with territory of the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investmentsother Party.
Appears in 6 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Agreement
Denial of Benefits. 1 A Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to investments of such investor its investments, if investors of a non-Party any third State own or control the enterprise first mentioned investor and that investor has no substantial business activity in the denying territory of the Party adopts under whose law it is constituted 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 Agreement were accorded to the enterprises or to its investmentsorganised.
Appears in 6 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Denial of Benefits. 1 A Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to investments of such investor if investors of a 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 or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investments.
Appears in 5 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Denial of Benefits. 1 A Subject to prior notification and consultation, a Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to investments of such that investor if investors the investor is an enterprise:
(a) owned or controlled either by persons of a non-Party own or control the enterprise and of the denying Party adopts or maintains measures with respect to Party; and
(b) has no substantive business operations in the non-Party that prohibit transactions with territory of the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investments.other Party..
Appears in 4 contracts
Samples: Supplementary Agreement on Investments, Supplementary Agreement on Investments, Supplementary Agreement on Investments
Denial of Benefits. 1 A Party may may, at any time, deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such that other Party and to investments of such that investor if investors if:
(a) persons of a non-Party own or control the enterprise and enterprise; and
(b) the denying Party adopts or maintains measures with respect to the non-Party or a person of the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises enterprise or to its investments.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Denial of Benefits. 1 A Party may may, at any time, including after the institution of arbitral proceedings, in accordance with Section C (Settlement of Disputes between an Investor and the Host Party), deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such other Party and to investments of such that investor if investors the enterprise:
(a) is owned or controlled by persons of either a non-Party own or control the enterprise and the denying Party adopts or maintains measures with respect to Party; and
(b) has no substantive business operations in the non-Party that prohibit transactions with area of the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investmentsother Party.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Denial of Benefits. 1 A 1. Any Party may deny the benefits of provided for in this Agreement to an investor Investor of the other Party that who is a company of the latter or to its investments:
a) If the Company is owned or controlled by a majority of an enterprise of such Party and to investments of such investor if investors Investor of a 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 or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investmentsContracting Party.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Denial of Benefits. 1 1. A Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such other Party and to investments of such investor if the enterprise has no substantial business activities in the territory of the such other Party under whose law it is constituted or organized, and investors of a non-Party or the investors of the denying Party, own or control the enterprise and enterprise.
2. The denying Party shall, to the extent practicable, notify the other Party before denying the benefits. If the denying Party adopts or maintains measures with respect to the non-Party that prohibit transactions provides such notice, it shall consult with the enterprise or that would be violated or circumvented if other Party at the benefits request of this Agreement were accorded to the enterprises or to its investmentsother Party.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Denial of Benefits. 1 A Party may deny the benefits of this Agreement to an investor of the other another Party that is an enterprise of such Party and to investments of such investor if investors of a non-non Party own or control the enterprise and the denying Party Party:
A) does not maintain diplomatic relations with the non-Party; or
B) adopts or maintains measures with respect to the non-non Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises enterprise or to its investments.
Appears in 1 contract
Samples: International Investment Agreement
Denial of Benefits. 1 A Party may deny the benefits of this Agreement to to:
(a) an investor of the other Party that is an enterprise of such that other Party and to the investments of such investor if investors a person of a non-Party own owns or control controls the enterprise and the enterprise does not engage in substantial business activities in the territory of the other Party; or
(b) an investor of the other Party that is an enterprise of that other Party and to the investments of such investor if the enterprise does not carry on substantial business activities in the territory of any Party, other than the denying Party, and a person of the denying Party adopts owns or maintains measures with respect to controls the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investmentsenterprise.
Appears in 1 contract
Samples: Free Trade Agreement
Denial of Benefits. 1 A Subject to notice and prior consultation, a Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to that investor's investments of such if the investor if investors is a company:
(a) owned or controlled by persons of a non-Party own or control by an investor of the enterprise and Party denying the denying Party adopts or maintains measures with respect to benefits; and
(b) has no substantial business activities in the non-Party that prohibit transactions with territory of the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investmentsother Party.
Appears in 1 contract
Samples: Investment Agreement
Denial of Benefits. 1 A Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such that Party and to investments of such that investor if investors of a 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 or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises enterprise or to its investments.
Appears in 1 contract
Denial of Benefits. 1 A Subject to prior notification and consultation, a Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such that Party and to investments the investment of such an investor if investors where the rejecting Party establishes that the enterprise is owned or controlled by persons of a non-Party, or the rejecting Party own or and does not exercise control over it no significant commercial activity in the enterprise and territory of the denying Party 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 Agreement were accorded to the enterprises or to its investmentsother Party.
Appears in 1 contract
Denial of Benefits. 1 1. A Party may deny the benefits of this Agreement to an investor of the other Party otherParty that is an enterprise of such that Party and to investments of such that investor if investors of a non-Party or of the denying Party own or control the enterprise and and:
(a) the denying Party adopts or maintains measures a measure with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises enterprise or to its investments.; or
Appears in 1 contract
Samples: Investment Agreement
Denial of Benefits. 1 A Subject to prior notification and consultation, a Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to investments of such that investor if investors the investor is an enterprise:
(a) owned or controlled either by persons of a non-Party own or control the enterprise and of the denying Party adopts or maintains measures with respect to Party; and
(b) has no substantive business operations in the non-Party that prohibit transactions with territory of the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investmentsother Party.
Appears in 1 contract
Denial of Benefits. 1 A Subject to prior notification and consultation, a Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to investments of such an investor if investors where the denying Party establishes that the enterprise is owned or controlled by persons of a non-Party own Party, or control the enterprise and of the denying Party adopts or maintains measures with respect to Party, and has no substantive business operations in the non-Party that prohibit transactions with territory of the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investmentsother Party.
Appears in 1 contract
Samples: Investment Agreement
Denial of Benefits. 1 A Subject to prior notification, a Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party party and to the investments of the investor where such investor if investors party establishes that the enterprise is owned or controlled by persons of a non-Party own country that is not a party, or control of denying the enterprise party; and has no substantive business operations in the denying Party adopts or maintains measures with respect to territory of the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises or to its investmentsother party.
Appears in 1 contract
Samples: Investment Protection Agreement
Denial of Benefits. 1 A Party may deny the benefits of this Agreement to an to:
1. An investor of the other Party and to the investment of that investor where the investment is being made by an enterprise that is an owned or controlled, directly or indirectly, by persons of a third Party and the enterprise has no substantial business operations in the Area of such the other Party; or
2. An investor of the other Party and to investments the investment of such that investor if investors where the investment is being made by an enterprise that is owned or controlled, directly or indirectly, by persons of a 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 and the enterprise or that would be violated or circumvented if has no substantial business ‘operations in the benefits Area of this Agreement were accorded to the enterprises or to its investmentsother Party.
Appears in 1 contract
Denial of Benefits. 1 • 1. A Party may deny the benefits of this Agreement to an investor of the other Party that is an enterprise of such Party and to investments of such investor if investors of a non-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 or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprises enterprise or to its investments.
Appears in 1 contract
Samples: Investment Protection Agreement