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 by a Contracting Party in a manner which would constitute a means of arbitrary or unjustifiable discrimination against, or a disguised restriction on investors of the other Contracting Party and their investments in the Territory of the former Contracting Party, nothing in this Agreement shall be construed so as to prevent the former Contracting Party from adopting or enforcing measures: (a) necessary to protect human, animal or plant life or health; Note: This exception includes environmental measures necessary to protect human, animal or plant life or health. (b) necessary to protect public morals or to maintain public order, provided that the public order exception may only be invoked 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) imposed for the protection of national treasures of artistic, historic or archaeological value; or (e) relating to the conservation of living or non- living exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption. 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: (i) taken in time of international or non- international 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; or (b) in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

Appears in 5 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, or a disguised restriction on investors of the other Contracting Party and their investments in the Territory of the former Contracting Party, nothing in this Agreement shall be construed so as to prevent the former Contracting Party from adopting or enforcing measures: (a) necessary Necessary to protect human, animal or plant life or health; Note: This exception includes environmental measures necessary to protect human, animal or plant life or health. (b) necessary Necessary to protect public morals or to maintain public order, provided that the public order exception may only be invoked 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) imposed Imposed for the protection of national treasures of artistic, historic or archaeological value; or (e) relating Relating to the conservation of living or non- living exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption. 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 Which it considers necessary for the protection of its essential security interests: (i) taken Taken in time of international or non- international 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; or (b) in In pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

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 by a Contracting Party in a manner which would constitute a means of arbitrary or unjustifiable discrimination against, or a disguised restriction on investors of the other Contracting Party and their investments in the Territory of the former Contracting Party, nothing in this Agreement shall be construed so as to prevent the former Contracting Party from adopting or enforcing measures: (a) necessary to protect human, animal or plant life or health; Note: This exception includes environmental measures necessary to protect human, animal or plant life or health. (b) necessary to protect public morals or to maintain public order, provided that the public order exception may only be invoked 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) imposed for the protection of national treasures of artistic, historic or archaeological value; or (e) relating to the conservation of living or non- non-living exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption. 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: (i) taken in time of international or non- non-international 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; or (b) in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

Appears in 1 contract

Samples: Investment Agreement

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