Common use of Reserved Restrictive Measures Clause in Contracts

Reserved Restrictive Measures. 1. Article 4 (National Treatment) and Article 5 (Most-Favoured Treatment) shall not apply to: (i) the reserved restrictive measures of one side set out in Table 1 of Annex 1 and Annex 2. (ii) under general circumstances, the reserved restrictive measures referred to in sub-paragraph (i) may be amended, but the amended reserved measures shall be no less compliant with the obligations required in Article 4 (National Treatment) and Article 5 (Most-Favoured Treatment) than the measures before amendment. 2. Article 4 (National Treatment) and Article 5 (Most-Favoured Treatment) shall not apply to: (i) government procurement; or (ii) subsidies or donation accorded by one side, including 6 Under this Agreement, commercial presence under this Chapter does not include commercial presence with respect to services under Article 11 (Telecommunications Services) of Chapter 6 (Telecommunications) and Article 12 (Cultural Services) of Chapter 7 (Cultural Services). government-supported loan, guarantee and insurance. However, should the laws and regulations of one side provide otherwise for sub-paragraphs (i) and (ii), such laws and regulations shall prevail.

Reserved Restrictive Measures. 1. Article 4 3 (National Treatment) and Article 5 4 (Most-Favoured Treatment) shall not apply to: (i) the reserved restrictive measures of one side set out in Table 1 of Annex 1 and Annex 2. (ii) under general circumstances, the reserved restrictive measures referred to in sub-paragraph (i) may be amended, but the amended reserved measures shall be no less compliant with the obligations required in Article 4 3 (National Treatment) and Article 5 4 (Most-Favoured Treatment) than the measures before amendment. 2. Article 4 3 (National Treatment) and Article 5 4 (Most-Favoured Treatment) shall not apply to: (i) government procurement; or (ii) subsidies or donation accorded by one side, including 6 5 Under this Agreement, commercial presence under this Chapter does not include commercial presence with respect to services under Article 11 10 (Telecommunications Services) of Chapter 6 (Telecommunications) and Article 12 11 (Cultural Services) of Chapter 7 (Cultural Services). government-supported loan, guarantee and insurance. However, should the laws and regulations of one side provide otherwise for sub-paragraphs (i) and (ii), such laws and regulations shall prevail.