General Exceptions under Chapter Sample Clauses
General Exceptions under Chapter. 7
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 Party, or a disguised restriction on trade in services between the Parties, nothing in this Chapter shall be construed to prevent the adoption or enforcement by either Party of measures:
(a) necessary to protect public morals or to maintain public order;(Note) 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.
(b) necessary to protect human, animal or plant life or health;
(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter including those relating to:
(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on services contracts;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;
(iii) safety;
(d) inconsistent with Article 60, provided that the difference in treatment is aimed at ensuring the equitable or effective(Note) imposition or collection of direct taxes in respect of services or service suppliers of the other Party. Note: Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Party under its taxation system which:
(i) apply to non-resident service suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party’s territory;
(ii) apply to non-residents in order to ensure the imposition or collection of taxes in the Party’s territory;
(iii) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures;
(iv) apply to consumers of services supplied in or from the territory of the other Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party’s territory;
(v) distinguish service suppliers subject to tax on worldwide taxable items from other service suppliers, in recognition of the difference in the nature of the tax base between them; or
(vi) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, ...
General Exceptions under Chapter. 2
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 Party, or a disguised restriction on trade in goods between the Parties, nothing in this Chapter shall be construed to prevent the adoption or enforcement by either Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importation or exportation of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of GATT 1994, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of GATT 1994, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices;
(e) relating to the products of prison labour;
(f) imposed for the protection of national treasures of artistic, historic or archaeological value;
(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(h) undertaken in pursuance of obligations under any inter-governmental commodity agreement which conforms to criteria submitted to the members of the WTO and not disapproved by them or which is itself so submitted and not so disapproved;
(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilisation plan; provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of GATT 1994 relating to non- discrimination; and
(j) essential to the acquisition or distribution of products in general or local short supply; provided that any such measures shall be consistent with the principle that all members of the WTO are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
2. In the application of paragraph 1 above, the relevant interpretations an...
General Exceptions under Chapter. 2
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 Party, or a disguised restriction on trade in goods between the Parties, nothing in this Chapter shall be construed t o prevent the adoption or enforcement by either Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importation or exportation of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of GATT 1994, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article
General Exceptions under Chapter. 6 Nothing in this Chapter shall be construed to limit the authority of a Party to take measures i t considers appropriate, for protecting health, safety or the environment or prevention of deceptive practices.
General Exceptions under Chapter. 7
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 Party, or a disguised restriction on trade in services between the Parties, nothing in this Chapter shall be construed to prevent the adoption or enforcement by either Party of measures:
(a) necessary to protect public morals or to maintain public order;(Note) 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.
(b) necessary to protect human, animal or plant life or health;
(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter including those relating to:
(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on services contracts;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;
(iii) safety;
General Exceptions under Chapter. 8
1. Subject to the requirement that such measures are notapplied in a manner which would constitute a means ofarbitrary or unjustifiable discrimination against the otherParty, or a disguised restriction on investments ofinvestors of a Party in the territory of the other Party,nothing in this Chapter shall be construed to prevent theadoption or enforcement by either Party of measures: (a) necessary to protect public morals or to maintainpublic order;(Note) Note: The public order exception may be invoked only wherea genuine and sufficiently serious threat is posedto one of the fundamental interests of society. (b) necessary to protect human, animal or plant lifeor health; (c) necessary to secure compliance with the laws orregulations which are not inconsistent with theprovisions of this Agreement including thoserelating to: (i) the prevention of deceptive and fraudulentpractices or to deal with the effects of adefault on contract; (ii) the protection of the privacy of theindividual in relation to the processing anddissemination of personal data and theprotection of confidentiality of personalrecords and accounts; (iii) safety; (d) relating to prison labour; (e) imposed for the protection of national treasuresof artistic, historic, or archaeological value; (f) to conserve exhaustible natural resources if such measures are made effective in conjunction withrestrictions on domestic production orconsumption.
2. In cases where a Party takes any measure pursuant toparagraph 1 above or Article 4, which it implements afterthis Agreement comes into force, such Party shall makereasonable effort to notify the other Party of thedescription of the measure either before such measure istaken or as soon as possible thereafter, if such measurecould affect investments or investors of the other Party inrespect of obligations made under this Chapter.
General Exceptions under Chapter. 8
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 Party, or a disguised restriction on investments of investors of a Party in the territory of the other Party, nothing in this Chapter shall be construed to prevent the adoption or enforcement by either Party of measures:
(a) necessary to protect public morals or to maintain public order;(Note) 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.
(b) necessary to protect human, animal or plant life or health;
(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;
(iii) safety;
(d) relating to prison labour;
(e) imposed for the protection of national treasures of artistic, historic, or archaeological value;
(f) to conserve exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption.
2. In cases where a Party takes any measure pursuant to paragraph 1 above or Article 4, which it implements after this Agreement comes into force, such Party shall make reasonable effort to notify the other Party of the description of the measure either before such measure is taken or as soon as possible thereafter, if such measure could affect investments or investors of the other Party in respect of obligations made under this Chapter.