Common use of Denial of Benefits Clause in Contracts

Denial of Benefits. A Party may deny the benefits of this Chapter to a service supplier of the other Party if: (a) the service is being supplied by an enterprise owned or controlled by nationals of a non-Party and the denying Party: (i) does not maintain diplomatic relations with the non-Party; or (ii) 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 enterprise; or (b) the service is being supplied by an enterprise that has no substantial business activities in the territory of the other Party and it is owned or controlled by persons of a non-Party or the denying Party.

Appears in 11 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Denial of Benefits. 1. A Party may deny the benefits of this Chapter to a service supplier an enterprise of the other Party if: (a) if the service enterprise is being supplied by an enterprise owned or controlled by nationals persons of a non-Party Party, and the denying former Party: : (ia) does not maintain diplomatic relations with the non-Party; or or (iib) 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 enterprise; or. (b) 2. Subject to prior notification and consultation, a Party may deny the service is being supplied by an enterprise that has no substantial business activities in the territory benefits of this Chapter to a supplier of the other Party and it that is an enterprise of the other Party, where the denying Party establishes that the enterprise is owned or controlled by persons of a non-Party or and has no substantial business activities in the denying Area of the other Party.

Appears in 5 contracts

Samples: Trade Agreement, Trade Agreement, Trade Agreement

Denial of Benefits. A Party may deny the benefits of this Chapter to a service supplier of the other Party if: (a) the service that is being supplied by an enterprise of the other Party, where the former Party establishes that the enterprise is owned or controlled by nationals persons of a non-Party non- Party, and the denying former Party: : (ia) does not maintain diplomatic relations with the non-Party; or or (iib) 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 enterprise; or (b) the service is being supplied by an enterprise that has no substantial business activities in the territory of the other Party and it is owned or controlled by persons of a non-Party or the denying Party.

Appears in 5 contracts

Samples: Trade Agreement, Trade Agreement, Trade Agreement

Denial of Benefits. A Party may deny the benefits of this Chapter to a service supplier of the other Party if: (a) the service that is being supplied by an enterprise owned or controlled by nationals of a non-Party and the denying Party: (i) does not maintain diplomatic relations with the non-Party; or (ii) 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 enterprise; or (b) the service is being supplied by an enterprise that has no substantial business activities in the territory of the other Party, where the former Party and it establishes that the enterprise is owned or controlled by persons of a non-Party or non- Party, and the denying former Party.:

Appears in 4 contracts

Samples: Strategic Economic Partnership Agreement, Strategic Economic Partnership Agreement, Strategic Economic Partnership Agreement

Denial of Benefits. 1. A Party may deny the benefits of this Chapter to a service supplier of the other Party if: (a) if the service supplier is being supplied by an enterprise owned or controlled by nationals persons of a non-Party non- Party, and the denying Party: (i) does not maintain diplomatic relations with the non-Party; or (ii) 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 Chapter were accorded to the enterprise; or. (b) 2. A Party may deny the benefits of this Chapter to a service supplier of the other Party if the service supplier is being supplied by an enterprise owned or controlled by persons of a non- Party or by persons of the denying Party that has no substantial business activities in the territory of the other Party and it is owned or controlled by persons of a non-Party or the denying Party.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Denial of Benefits. 1. A Party may deny the benefits of this Chapter to a service supplier of the other Party if: (a) if the service supplier is being supplied by an enterprise owned or controlled by nationals persons of a non-Party Party, and the denying Party: (i) does not maintain diplomatic relations with the non-Party; or (ii) 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 Chapter were accorded to the enterprise; or. (b) 2. A Party may deny the benefits of this Chapter to a service supplier of the other Party if the service supplier is being supplied by an enterprise owned or controlled by persons of a non-Party or of the denying Party that has no substantial business activities in the territory of the other Party and it is owned or controlled by persons of a non-Party or the denying Party.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Denial of Benefits. 1. A Party may deny the benefits of this Chapter to a service supplier of the other Party if: (a) if the service is being supplied by an enterprise owned or controlled by nationals persons of a non-Party Party, and the denying Party: (ia) does not maintain diplomatic relations with the non-Party; or (iib) 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 Chapter were accorded to the enterprise; or. 2. Subject to Article 19.5 (b) Consultations), a Party may deny the benefits of this Chapter to a service supplier of the other Party if the service is being supplied by an enterprise that has no substantial business activities in the territory of the other Party and it is owned or controlled by persons of a non-Party Party, or of the denying Party, own or control the enterprise.

Appears in 1 contract

Samples: Free Trade Agreement

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