Common use of General and Security Exceptions Clause in Contracts

General and Security Exceptions. 1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Contracting Party, or a disguised restriction on investments of investors of the other Contracting Party in the Area of a Contracting Party, nothing in this Agreement other than Article 14 shall be construed to prevent a Contracting Party from adopting or enforcing measures: (a) Necessary to protect human, animal or plant life or health; (b) Necessary to protect public morals or to maintain public order; Note: The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society. (c) Necessary to secure compliance with the laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: (i) The prevention of deceptive and fraudulent practices or to deal with the effects of a default on contract; (ii) The protection of the privacy of the individual in relation to the processing and dissemination of personal data and the protection of confidentiality of personal records and accounts; or (iii) Safety; (d) Which it considers necessary for the protection of its essential security interests: (i) Taken in time of war, or armed conflict, or other emergency in that Contracting Party or in international relations; or (ii) Relating to the implementation of national policies or international agreements respecting the non-proliferation of weapons; (e) In pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security; or (f) Imposed for the protection of national treasures of artistic, historic or archaeological value. 2. In cases where a Contracting Party takes any measure, pursuant to paragraph 1, that does not conform with the obligations under this Agreement other than Article 14, that Contracting Party shall, prior to the entry into force of the measure or as soon thereafter as possible, notify the other Contracting Party of the following elements of the measure: (a) sector and sub-sector or matter; (b) obligation or article in respect of the measure; (c) legal source of the measure; (d) succinct description of the measure; and (e) purpose of the measure.

Appears in 8 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

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General and Security Exceptions. 1. Subject to the requirement that such measures are not applied by a Contracting Party in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Contracting Party, or a disguised restriction on investments of investors of the other Contracting Party in the Area of a the former Contracting Party, nothing in this Agreement other than Article 14 12 shall be construed so as to prevent a the former Contracting Party from adopting or enforcing measures: (a) Necessary necessary to protect human, animal or plant life or health; (b) Necessary necessary to protect public morals or to maintain public order; Note: The , provided that the public order exception may only be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.; (c) Necessary necessary to secure compliance with the laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: (i1) The the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contract; (ii2) The the protection of the privacy of the individual in relation to the processing and dissemination of personal data and the protection of confidentiality of personal records and accounts; or (iii3) Safetysafety; (d) Which which it considers necessary for the protection of its essential security interests: (i1) Taken taken in time of war, or armed conflict, or other emergency in that Contracting Party or in international relations; or (ii2) Relating relating to the implementation of national policies or international agreements respecting the non-proliferation of weapons; (e) In in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security; or (f) Imposed imposed for the protection of national treasures of artistic, historic or archaeological value. 2. In cases where a Contracting Party takes any measure, pursuant to paragraph 1, that does not conform with the obligations under this Agreement other than Article 1412, that Contracting Party shall, prior to the entry into force of the measure or as soon thereafter as possible, notify the other Contracting Party of the following elements of the measure: : (a) sector and sub-sector or matter; ; (b) obligation or article in respect of the measure; ; (c) legal source of the measure; ; (d) succinct description of the measure; and and (e) purpose of the measure.

Appears in 3 contracts

Samples: Investment Promotion and Protection Agreement, Investment Agreement, Investment Agreement

General and Security Exceptions. 1. Subject to the requirement that such measures are not applied by a Contracting Party in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Contracting Partyagainst, or a disguised restriction on investments of investors of the other Contracting Party and their investments in the Area of a the former Contracting Party, nothing in this Agreement other than Article 14 shall be construed so as to prevent a the former Contracting Party from adopting or enforcing measures: (a) Necessary necessary to protect human, animal or plant life or health; (b) Necessary necessary to protect public morals or to maintain public order; Note: The , provided that the public order exception may only be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.; (c) Necessary necessary to secure compliance with the laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: (i) The the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contract; (ii) The the protection of the privacy of the individual in relation to the processing and dissemination of personal data and the protection of confidentiality of personal records and accounts; or (iii) Safety;safety; or (d) Which imposed for the protection of national treasures of artistic, historic or archaeological value. 2. Subject to paragraph 3 of Article 12, nothing in this Agreement shall be construed to prevent a Contracting Party from adopting or enforcing measures: (a) which it considers necessary for the protection of its essential security interests, including measures: (i) Taken taken in time of war, or armed conflict, or other emergency in that Contracting Party or in international relations; or (ii) Relating relating to the implementation of national policies or international agreements respecting the non-proliferation of weapons;; or (eb) In in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security; or (f) Imposed for the protection of national treasures of artistic, historic or archaeological value. 23. Nothing in this Agreement shall be construed to require a Contracting Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests. 4. In cases where a Contracting Party takes any measure, pursuant to paragraph 12, that does not conform with the obligations under of the provisions of this Agreement other than Article 14Agreement, that Contracting Party shall, prior to the entry into force shall not use such measure as a means of the measure or as soon thereafter as possible, notify the other Contracting Party of the following elements of the measure: (a) sector and sub-sector or matter; (b) obligation or article in respect of the measure; (c) legal source of the measure; (d) succinct description of the measure; and (e) purpose of the measureavoiding its obligations.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

General and Security Exceptions. 1. Subject to the requirement that such measures are not applied by a Contracting Party in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Contracting Partyagainst, or a disguised restriction on investments of investors of the other Contracting Party and their investments in the Area of a the former Contracting Party, nothing in this Agreement other than Article 14 shall be construed to prevent a the former Contracting Party from adopting or enforcing measures: (a) Necessary necessary to protect human, animal or plant life or health; (b) Necessary necessary to protect public morals or to maintain public order; Note: The , provided that the public order exception may only be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.; (c) Necessary necessary to secure compliance with the laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: (i) The the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contract; (ii) The the protection of the privacy of the individual in relation to the processing and dissemination of personal data and the protection of confidentiality of personal records and accounts; or (iii) Safety;safety; or (d) Which imposed for the protection of national treasures of artistic, historic or archaeological value. 2. Subject to paragraph 3 of Article 13, nothing in this Agreement shall be construed to prevent a Contracting Party from adopting or enforcing measures: (a) which it considers necessary for the protection of its essential security interests, including measures: (i) Taken taken in time of war, or armed conflict, or other emergency in that Contracting Party or in international relations; or (ii) Relating relating to the implementation of national policies or international agreements respecting the non-proliferation of weapons;; or (eb) In in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security; or (f) Imposed for the protection of national treasures of artistic, historic or archaeological value. 23. Nothing in this Agreement shall be construed to require a Contracting Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests. 4. In cases where a Contracting Party takes any measure, pursuant to paragraph 12, that does not conform with the obligations under of the provisions of this Agreement other than Article 14Agreement, that Contracting Party shall, prior to the entry into force shall not use such measure as a means of the measure or as soon thereafter as possible, notify the other Contracting Party of the following elements of the measure: (a) sector and sub-sector or matter; (b) obligation or article in respect of the measure; (c) legal source of the measure; (d) succinct description of the measure; and (e) purpose of the measureavoiding its obligations.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

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General and Security Exceptions. 1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Contracting Party, or a disguised restriction on investments of investors of the other Contracting Party in the Area of a Contracting Party, nothing in this Agreement other than Article 14 shall be construed to prevent a Contracting Party from adopting or enforcing measures: (a) Necessary necessary to protect human, animal or plant life or health; (b) Necessary necessary to protect public morals or to maintain public order; Note: The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society. (c) Necessary necessary to secure compliance with the laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: (i) The the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contract; (ii) The the protection of the privacy of the individual in relation to the processing and dissemination of personal data and the protection of confidentiality of personal records and accounts; or (iii) Safetysafety; (d) Which which it considers necessary necessaryy for the protection of its essential security interests: (i) Taken taken in time of war, or armed conflict, or other emergency in that Contracting Party or in international relations; or (ii) Relating relating to the implementation of national policies or international agreements respecting the non-proliferation of weapons; (e) In in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security; or (f) Imposed imposed for the protection of national treasures of artistic, historic or archaeological value. 2. In cases where a Contracting Party takes any measure, pursuant to paragraph 1, that does not conform with the obligations under this Agreement other than Article 14, that Contracting Party shall, prior to the entry into force of the measure or as soon thereafter as possible, notify the other Contracting Party of the following elements of the measure: (a) sector and sub-sector or matter; (b) obligation or article in respect of the measure; (c) legal source of the measure; (d) succinct description of the measure; and (e) purpose of the measure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

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