Common use of Repatriation and Transfer Clause in Contracts

Repatriation and Transfer. 1. Upon fulfillment of all tax obligations, each Contracting Party shall permit in good faith all transfers, related to an investment, to be made freely and without delay into and out of its territory. Such transfers include: (a) principal and additional amounts to maintain, develop or increase the investment, (b) returns except payments in kind, (c) proceeds from the sale or liquidation of all or any part of an investment, (d) compensation pursuant to Articles 5, 6, 8 and 9, (e) amounts required for the payment of expenses which arise from the operation of the investment, such as loans repayments, payment of royalties, management fees, license fees or other similar expenses, (f) salaries, wages and other remunerations received by the nationals of one Contracting Party who have obtained in the territory of the other Contracting Party the corresponding work permits related to an investment, (g) payments of expenses arising from an investment dispute. 2. Transfers shall be made without any restriction in a freely convertible currency at the prevailing market rate of exchange applicable on the date of transfer to the currency to be transferred and shall be promptly transferable. 3. Where, in exceptional circumstances, payments and capital movements cause or threaten to cause serious balance of payments difficulties, each Contracting Party may temporarily restrict transfers, provided that such restrictions are not discriminatory.