Nonconforming Measures Clause Samples

Nonconforming Measures. 1. Article 10.3 (National Treatment), Article 10.4 (MostFavoured Nation Treatment), Article 10.7 (Performance Requirements) and Article 10.13 (Senior Management and BoardofDirectors) do not applyto: (a) anyexisting nonconforming measure thatismaintained by a Partyinregard to investment and investors at: (i) the central level of government, as set out by that Party in Annex 11B (Peru's CrossBorder Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments) and Annex 11C (Singapore's CrossBorder Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments), as applicable to the Party; (ii) a regional level of government, as set out by that Party in Annex 11B (Peru's CrossBorder Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments) and Annex 11C (Singapore's CrossBorder Trade in Services and Investment Reservations for Existing Measures and Liberalisation Commitments), as applicable to the Party;or (ii) a locallevelofgovernment; (b) the continuationorpromptrenewalofanynonconforming measure referred to insubparagraph(a); or (c) an amendment to any nonconforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Article 10.3 (National Treatment),

Nonconforming Measures. 1. Articles 14.2, 14.3, 14.5 and 14.9 do not apply to: (a) any existing non-conforming measure maintained by one of the Parties at the level: (i) of the national government, as indicated in Section I of its list in ▇▇▇▇▇ ▇▇▇; (ii) of the sub-national government; (b) the continuation or prompt renewal of a nonconforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) provided that such amendment does not diminish the conformity of the measure, as in effect immediately before the amendment, with Articles 14.2, 14.3, 14.5 and 14.9.

Nonconforming Measures. Articles 10.4, 10.5 and 10.7 do not apply to:

Nonconforming Measures. 1. Articles 8.5, 8.6, and 8.10 shall not apply to: (a) Any existing non-conforming measure at the central, regional, provincial, municipal or local level that is maintained by a Party; (b) The continuation or prompt renewal of any nonconforming measure referred to in subparagraph (a), or (c) The amendment or modification of any nonconforming measure referred to in subparagraph (a) to the extent that the amendment or modification does not diminish the degree of conformity of the measure as it existed immediately before the amendment or modification with Articles 8.5, 8.6 and 8.10. 2. Articles 8.5, 8.6 and 8.10 shall not apply to any measure that a Party adopts or maintains, in relation to sectors, subsectors or activities, as indicated in its Schedule to Annex 8.11. 3. No Party may require, pursuant to any measure adopted after the date of entry into force of this Agreement and included in its Schedule to Annex 8.11, an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. In the event that a Party adopts any measure after the entry into force of this Agreement with respect to sectors, subsectors or activities as set forth in its Schedule to Annex 8.11, the Party shall, to the extent possible, notify the other Party of such measure. 5. Articles 8.5 and 8.6 shall not apply to any measure that constitutes an exception to or derogation from the obligations under the TRIPS Agreement, as specifically provided for in that Agreement. 6. The provisions of Articles 8.5, 8.6 and 8.10 shall not apply with respect to: (a) Public procurement, or (b) Subsidies or grants provided by a Party, including government-backed loans, guarantees and insurance. 7. For greater certainty, any amendment or modification to a Party's Schedule to Annex 8.11 pursuant to this Article shall be made in accordance with Article 20.3 (Amendments). 8. For greater certainty, nothing in this Article shall apply to any measure affecting trade in services through commercial presence in any sector or sub-sector, whether or not listed in Chapter 9 (Trade in Services). With respect to investors ofa Party that have made a protected investment in a services sector or sub-sector and their investments, the Parties reserve the right to adopt future measures in all those sectors and sub-sectors not committed and not bound in the respective Schedules of specific commitments in Annex 9.6.

Nonconforming Measures. 1. Articles 11.3, 11.4, 11.7 and 11.8 shall not apply to: a) any existing non-conforming measure maintained by a Party: i) at the federal or national level, as stipulated in its Annex I List (Non-Conforming Measures); ii) at the state or regional level, for 6 months after the entry into force of this Agreement and thereafter, as a Party may indicate in its Schedule to Annex I (Nonconforming Measures), in accordance with paragraph 2; or iii) at the municipal or local level; b) the continuation or prompt renewal of any nonconforming measure referred to in subsection (a); or c) the modification of any nonconforming measure referred to in subparagraph (a) provided that such modification does not diminish the degree of conformity of the measure, as in effect prior to the modification, with Articles 11.3, 11.4, 11.7, and 11.8.

Nonconforming Measures. 1. Articles 9.3, 9.4, 9.5, and 9.6 do not apply to: (a) any existing non-conforming measure that is maintained by a Party in: (i) the government at the central level, as set out by that Party in its Schedule to ▇▇▇▇▇ ▇; (ii) the government at the regional level, as set out by that Party in its Schedule to Annex I; or (iii) a local level government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a), or (c) the modification of any non-conforming measure referred to in subparagraph (a), provided that such modification does not diminish the conformity of the measure with Articles 9.3, 9.4, 9.5 and 9.6 as in effect immediately before the modification. 2. Articles 9.3, 9.4, 9.5, and 9.6 do not apply to any measure that a Party adopts or maintains in relation to sectors, sub- sectors, or activities as set out in its Schedule to Annex II.

Nonconforming Measures. 1. Articles 11.3, 11.4, 11.6, 11.7, and 11.10 shall not apply to: (a) any existing non-conforming measure that is maintained by a Party at the central level, as indicated in Section A of its Schedule to Annex III; (b) the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or (c) a modification of any nonconforming measure referred to in subparagraph (a) provided that such modification does not diminish the conformity of the measure as it was in effect: (i) immediately before the modification, with Articles 11.3, 11.4, 11.6, and 11.10; or (ii) on the date of entry into force of this Agreement, with Article 11.7.