Prudential Measures. 1. Notwithstanding any other provisions of this Agreement, a Party shall not be prevented from taking measures relating to financial services for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by an enterprise supplying financial services, or to ensure the integrity and stability of its financial system.
2. Where measures mentioned in paragraph 1 do not conform to the provisions of this Agreement, they shall not be used as a means of avoiding the Party's commitments or obligations under this Agreement.
Prudential Measures. 1. Nothing in this Agreement shall be construed to prevent a Party from taking or maintaining reasonable measures for prudential reasons, in particular with a view to ensuring:
(a) The protection of investors, depositors, financial market participants, insurance policy holders or claimants;
(b) The maintenance of the security, soundness, solvency, integrity or financial responsibility of financial institutions;
(c) The preservation of the integrity and stability of a Party's financial system.
2. This Agreement shall not apply to non-discriminatory measures of general application taken by public bodies for reasons relating to monetary and credit and exchange rate policies.
Prudential Measures. 1. Notwithstanding any other provisions of this Agreement, a Contracting Party shall not be prevented from taking measures relating to financial services sector for prudential reasons, including measures for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by an enterprise supplying financial services, or measures to ensure the integrity and stability of its financial system.
2. In cases where a Contracting Party takes any measure, pursuant to paragraph 1, that does not conform with the obligations under this Agreement, that Contracting Party shall not use such measure as a means of avoiding its obligations under this Agreement.
Prudential Measures. 1. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining prudential measures, such as:
a) The protection of investors, depositors, financial market participants, policy- holders, policy-claimants, or persons to whom a fiduciary duty is owed by a financial institution;
b) The maintenance of the safety, soundness, integrity or financial responsibility of financial institutions; and
c) Ensuring the integrity and stability of a Party's financial system.
2. Where such measures do not conform with the provisions of this Agreement, they shall not be used as a means of circumventing the commitments or obligations of the Party under this Agreement.
Prudential Measures. 1. Notwithstanding any other provisions of this Agreement, a Contracting Party shall not be prevented from taking measures relating to financial services for prudential reasons, including measures for the protection of investors, depositors, policy holders or persons to whom fiduciary duty is owed by an enterprise supplying financial services or to ensure the integrity and stability of its financial system.
2. In cases where a Contracting Party takes any measure, pursuant to paragraph 1, that does not conform with the obligations of the provisions of this Agreement, that Contracting Party shall not use such measure as a means of avoiding its obligations.
3. Nothing in this Agreement shall be construed to prevent a Contracting Party from adopting non-discriminatory measures of general application in pursuit of monetary, exchange rate and related credit policies such as those aimed to reducing exchange rate volatility, limiting speculative capital inflows or preserving the stability of domestic prices.
Prudential Measures. 1, Where an investor submits a claim to arbitration under Section C, and the disputing Party invokes Articles Article 10(2) or 14(6), the Tribunal established pursuant to Article 22 (Claim by an Investor of a Party on its Own Behalf) or 23 (Claim by an Investor of a Party on Behalf of and Enterprise) shall, at the request of that Party, seek a report in writing from the Parties on the issue of whether and to what extent the said paragraphs are a valid defence to the claim of the investor. The Tribunal may not proceed pending receipt of a report under this Article.
Prudential Measures. 1. Notwithstanding any other provision of this Chapter, a Party shall not be prevented from adopting or maintaining measures for prudential reasons, including for the protection of investors, depositors, policy holders, or persons to whom a fiduciary duty is owed by a financial services supplier, or to ensure the integrity and stability of the financial system.18
2. Nothing in this Chapter applies to non-discriminatory measures of general application taken in pursuit of monetary and related credit policies or exchange rate policies.19This paragraph shall not affect a Party’s obligations under Article 8.8 (Transfers).
3. Where an investor submits a claim to arbitration under Section B of this Chapter, and the disputing Party invokes paragraphs 1 and 2 of this Article, the investor-State tribunal established pursuant to Section B of this Chapter may not decide whether and to what extent it is a valid defence to the claim of the investor. It shall seek a report in writing from the Parties on this issue. The investor-State tribunal may not proceed pending receipt of such a report or of a decision of a State-State arbitral tribunal, should such a State-State arbitral tribunal be established.
4. Pursuant to a request for a report received in accordance with the above paragraph, the financial services authorities 20 of the Parties shall engage in consultations. If the financial services authorities of the Parties reach a joint decision on the issue of whether and to what extent the relevant paragraphs of this Article is a valid defence to the claim of the investor, they shall prepare a written report describing their joint decision. The report shall be transmitted to the investor-State tribunal, and shall be binding on the investor-State tribunal. 18 It is understood that the term “prudential reasons” includes the maintenance of the safety, soundness, integrity, or financial responsibility of individual financial institutions or the financial system, as well as the maintenance of the safety and financial and operational integrity of payment and clearing systems.
Prudential Measures. 1. Notwithstanding any other provisions of this Agreement, a Contracting Party shall not be prevented from taking prudential measures to ensure and maintain the stability of its financial system.
2. Where the measures taken by a Contracting Party pursuant to paragraph 1 do not conform with this Agreement, they shall not be used as a means of avoiding the obligations of the Contracting Party under this Agreement.
Prudential Measures. 1. Nothing in this Agreement shall be construed to prevent a Contracting Party from adopting or maintaining prudential measures, such as:
a) The protection of investors, depositors, financial market participants, policy-holders, policy-claimants, or persons to whom a fiduciary duty is owed by a financial institution;
b) The maintenance of the safety, soundness, integrity or financial responsibility of financial institutions; and
c) Ensuring the integrity and stability of a Contracting Party's financial system.
2. Where such measures do not conform to the provisions of this Agreement, they shall not be used as a means of circumventing the commitments or obligations of the Contracting Party under this Agreement.
Prudential Measures. Notwithstanding any other provisions of this Chapter, a Country shall not be prevented from taking measures relating to financial services for prudential reasons, including measures for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by an enterprise supplying financial services, or to ensure the integrity and stability of the financial system. Where such measures do not conform with the provisions of this Chapter, they shall not be used as a means of avoiding the Country’s commitments or obligations under this Chapter.
