Common use of Free Transfer Clause in Contracts

Free Transfer. 1. Each Party shall ensure to investors of the other Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively: (a) principal and additional amounts to maintain, develop or increase the investment; (b) returns; (c) proceeds obtained from the total or partial sale or disposal of an investment, including the sale of shares; (d) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, licence fees or other similar expenses; (e) compensation payable pursuant to Articles 5, 6, 8 and 9; (f) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 2. Each Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately transferable. 3. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 4. In case of a delay in transfer caused by the host Party, the transfer shall also include interest at a commercial rate established on a market basis for the currency in question from the date on which the transfer was requested. until the date of actual transfer and shall be borne by that Party. 5. Notwithstanding paragraphs 1 - 4 of this Article, a Party may delay a transfer through the equitable and non- discriminatory application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring compliance with orders or judgements in judicial proceedings; provided that the application of such laws and regulations shall not be used as a means of avoiding the obligations of the Parties under this Agreement.

Free Transfer. 1. Each Contracting Party shall ensure to the investors of the other Contracting Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively: (a) principal and additional amounts to maintain, develop or increase the investment; (b) returns; (c) proceeds obtained from the total or partial sale or disposal of an investment, including the sale of shares; (d) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, licence fees or other similar expenses; (e) compensation payable pursuant to Articles 5, 6, 8 6 and 98; (f) payments arising from the settlement of a dispute; (g) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 2. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately transferable. 3. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 4. In case of a delay in transfer caused by the host Contracting Party, the transfer shall also include LIBOR-equal or equivalent interest at a commercial rate established on a market basis for the currency in question from the date on which the transfer was requested. requested until the date of actual transfer and shall be borne by that Contracting Party. 5. Notwithstanding paragraphs 1 - 4 to 3 of this Article, a Contracting Party may delay a transfer payment through the equitable equitable, nondiscriminatory and non- discriminatory good faith application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring investors' compliance with orders or judgements respect to the payment of taxes and dues in judicial proceedings; force at the time the request for transfer by the investor concerned was made, and provided that the such measures and their application of such laws and regulations shall not be used as a means of avoiding the obligations of the Parties under unnecessarily impair transfers ensured by this Agreement.

Free Transfer. 1. Each Contracting Party shall ensure to investors of the other Contracting Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively: (a) principal and additional amounts to maintain, develop or increase the investment; (b) returns; (c) proceeds obtained from the total or partial sale or disposal liquidation of an the investment, including the sale of shares; (d) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management and other fees, licence fees or other similar expenses; (e) compensation payable pursuant to Articles 5, 6, 8 5 and 6 of this Agreement; f) payments arising from the settlement of a dispute according to Article 9; (fg) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 2. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately transferable. 3. The host Contracting Party may condition the free transfer in paragraph 2 of this Article through the equitable, non-discriminatory and good faith application of measures ensuring investors’ compliance with the host Contracting Party’s laws and regulations relating to the fulfillment of fiscal obligations. 4. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 45. A Contracting Party concerned may, in the event of serious balance-of-payments difficulties or a threat thereof, adopt restrictions on transfer payments related to investments provided that the restrictions are compatible with the provisions of the International Monetary Fund. Such restrictions shall in any case be equitable, non-discriminatory and applied in good faith. 6. In case of a delay in transfer caused by the host Contracting Party, the transfer shall also include interest at a commercial rate established on a market basis for the currency in question of payment from the date on which the transfer was requested. requested until the date of actual transfer and shall be borne by that Contracting Party. 5. Notwithstanding paragraphs 1 - 4 of this Article, a Party may delay a transfer through the equitable and non- discriminatory application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring compliance with orders or judgements in judicial proceedings; provided that the application of such laws and regulations shall not be used as a means of avoiding the obligations of the Parties under this Agreement.

Free Transfer. 1. Each Contracting Party shall ensure to investors of the other Contracting Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively: (a) principal and additional amounts to maintain, develop or increase the investment; (b) returns; (c) proceeds obtained from the total or partial sale or disposal of an investment, including the sale of shares; (d) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, licence fees or other similar expenses; (e) compensation payable pursuant to Articles 5, 6, 8 and 9; (f) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 2. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately transferable. 3. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 4. In case of a delay in transfer caused by the host Contracting Party, the transfer shall also include interest at a commercial rate established on a market basis for the currency in question from the date on which the transfer was requested. requested until the date of actual transfer and shall be borne by that Contracting Party. 5. Notwithstanding paragraphs 1 - 4 and 2 of this Article, a Party may delay a transfer through the equitable Article and non- discriminatory application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring compliance with orders or judgements in judicial proceedings; provided that the application of such laws it shall be equitable, non-discriminatory and regulations applied in good faith and shall not be used as a means of avoiding the Contracting Party's commitments or obligations under this agreement: (i) a Contracting Party concerned may, in the event of serious balance-of payments difficulties or threat thereof, adopt restrictions on transfer payments related to investments consistent with its other obligations under international law. The duration of the Parties under this Agreementrestrictions shall be applied only for a period that is absolutely necessary. (ii) a Contracting party may require that, prior to the transfer of payments relating to an investment creditors' rights and tax obligations in relation to such an investment are fulfilled by the investor.

Free Transfer. 1. Each Contracting Party shall ensure to investors of the other Contracting Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively: (a) principal and additional amounts to maintain, develop or increase the investment; (b) returns; (c) proceeds obtained from the total or partial sale or disposal liquidation of an the investment, including the sale of shares; (d) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management and other fees, licence fees or other similar expenses; (e) compensation payable pursuant to Articles 5, 6, 8 5 and 6 of this Agreement; f) payments arising from the settlement of a dispute according to Article 9; (fg) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 2. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately transferable. 3. The host Contracting Party may condition the free transfer in paragraph 2 of this Article through the equitable, non- discriminatory and good faith application of measures ensuring investors' compliance with the host Contracting Party's laws and regulations relating to the fulfillment of fiscal obligations. 4. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 45. A Contracting Party concerned may, in the event of serious balance-of-payments difficulties or a threat thereof, adopt restrictions on transfer payments related to investments provided that the restrictions are compatible with the provisions of the International Monetary Fund. Such restrictions shall in any case be equitable, non-discriminatory and applied in good faith. 6. In case of a delay in transfer caused by the host Contracting Party, the transfer shall also include interest at a commercial rate established on a market basis for the currency in question of payment from the date on which the transfer was requested. requested until the date of actual transfer and shall be borne by that Contracting Party. 5. Notwithstanding paragraphs 1 - 4 of this Article, a Party may delay a transfer through the equitable and non- discriminatory application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring compliance with orders or judgements in judicial proceedings; provided that the application of such laws and regulations shall not be used as a means of avoiding the obligations of the Parties under this Agreement.

Free Transfer. 1. Each Contracting Party shall ensure to investors of the other Contracting Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively: (a) principal Principal and additional amounts to maintain, develop or increase the investment; (b) returns; (c) proceeds Proceeds obtained from the total or partial sale or disposal of an investment, including the sale of shares; (d) amounts Amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, licence fees or other similar expenses; (e) compensation payable pursuant to Articles 5, 6, 8 and 9; (f) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 2. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately promptly transferable. 3. Notwithstanding paragraphs 1 and 2 of this Article, a Contracting Party may delay a transfer through the application of measures ensuring investors' compliance with the host Contracting Party's laws and regulations on the payment of taxes and dues in force at the time the request for transfer was made, and provided that the application of such laws and regulations shall not unnecessarily impair the free transfer ensured by this Agreement. 4. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 45. In case of a an unjustified delay in transfer caused by the host Contracting Party, the transfer shall also include interest at a commercial rate established on a market basis for the currency in question from the date on which the transfer was requested. requested until the date of actual transfer and shall be borne by that Contracting Party. 5. Notwithstanding paragraphs 1 - 4 of this Article, a Party may delay a transfer through the equitable and non- discriminatory application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring compliance with orders or judgements in judicial proceedings; provided that the application of such laws and regulations shall not be used as a means of avoiding the obligations of the Parties under this Agreement.

Free Transfer. 1. Each Contracting Party shall ensure to investors of the other Contracting Party the free transfer, into and out of its territory, territory of their investments and transfer payments related to investmentsinvestments provided that tax liabilities already levied before the time of transfer, through the equitable, non-discriminatory and good faith application of tax measures by the host Contracting Party, have been honoured and the application of such measures shall not be used as a means of avoiding the Contracting Party’s commitments or obligations under this Agreement. 2. Such Transfer payments shall include in particular, though not exclusively: (a) principal and additional amounts to maintain, develop or increase the investment; (b) returns; (c) proceeds obtained from the total or partial sale or disposal of an investment, including the sale of shares; (d) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, licence fees or other similar expenses; (e) compensation payable pursuant to Articles 5, 5 and 6, 8 and 9; (f) payments arising from the settlement of a dispute; (g) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 23. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately transferable. 34. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 45. In case of a delay in transfer caused by the host Contracting Party, the transfer shall also include interest at a commercial the prevailing banking rate established on a market basis for the currency in question of payment from the date on which the transfer was requested. requested until the date of actual transfer and shall be borne by that Contracting Party. 5. Notwithstanding paragraphs 1 - 4 of this Article, a Party may delay a transfer through the equitable and non- discriminatory application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring compliance with orders or judgements in judicial proceedings; provided that the application of such laws and regulations shall not be used as a means of avoiding the obligations of the Parties under this Agreement.

Free Transfer. 1. Each Contracting Party shall ensure to investors of the other Contracting Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively: (a) principal Principal and additional amounts to maintain, develop or increase the investment; (b) returnsReturns; (c) proceeds Proceeds obtained from the total or partial sale or disposal of an investment, including the sale of shares; (d) amounts Amounts required for the payment of expenses expenses, which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, licence fees or other similar expenses; (e) compensation Compensation payable pursuant to Articles 5, 6, 8 and 9; (f) earnings Earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 2. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately transferable. 3. Notwithstanding paragraphs 1 and 2 of this Article, a Contracting Party may delay a transfer through the equitable, non- discriminatory and good faith application of measures ensuring investors' compliance with the host Contracting Party's laws and regulations relating to the payment of taxes and dues in force at the time the request for transfer was made, and provided that such measures and their application shall not unnecessarily impair the free transfer ensured by this Agreement. 4. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 4. In case of a delay in transfer caused by the host Party, the transfer shall also include interest at a commercial rate established on a market basis for the currency in question from the date on which the transfer was requested. until the date of actual transfer and shall be borne by that Party. 5. Notwithstanding paragraphs 1 - 4 of this Article, a Party may delay a transfer through the equitable and non- discriminatory application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring compliance with orders or judgements in judicial proceedings; provided that the application of such laws and regulations shall not be used as a means of avoiding the obligations of the Parties under this Agreement.

Free Transfer. 1. Each Contracting Party shall ensure to investors of the other Contracting Party the free transfer, into and out of its territory, of their investments and transfer payments related to investments. Such payments shall include in particular, though not exclusively: (a) principal and additional amounts to maintain, develop or increase the investment; (b) returns; (c) proceeds obtained from the total or partial sale or disposal of an investment, including the sale of shares; (d) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, licence fees or other similar expenses; (e) compensation payable pursuant to Articles 5, 6, 8 and 9; (f) earnings and other remuneration of personnel engaged from abroad and working in connection with an investment. 2. Each Contracting Party shall further ensure that the transfers referred to in paragraph 1 of this Article shall be made without any restriction or delay in a freely convertible currency of the choice of the investor and at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be immediately transferable. 3. In the absence of a market for foreign exchange, the rate to be used shall be the most recent exchange rate for the conversions of currencies into Special Drawing Rights. 4. In case of a delay in transfer caused by the host Contracting Party, the transfer shall also include interest at a commercial rate established on a market basis for the currency in question from the date on which the transfer was requested. requested until the date of actual transfer and shall be borne by that Contracting Party. 5. Notwithstanding paragraphs 1 - 4 and 2 of this Article, a Party may delay a transfer through the equitable Article and non- discriminatory application of its laws and regulations relating to: (a) the fulfilment of due tax obligations; (b) the protection of the rights of creditors; (c) criminal or penal offences; (d) ensuring compliance with orders or judgements in judicial proceedings; provided that the application of such laws it shall be equitable, non-discriminatory and regulations applied in good faith and shall not be used as a means of avoiding the Contracting Party’s commitments or obligations under this agreement: (i) a Contracting Party concerned may, in the event of serious balance-of payments difficulties or threat thereof, adopt restrictions on transfer payments related to investments consistent with its other obligations under international law. The duration of the Parties under this Agreementrestrictions shall be applied only for a period that is absolutely necessary. (ii) a Contracting party may require that, prior to the transfer of payments relating to an investment creditors’ rights and tax obligations in relation to such an investment are fulfilled by the investor.