Common use of Scope and General Provisions Clause in Contracts

Scope and General Provisions. 2.1 This Treaty shalt apply to measures adopted or maintained by a Party relating to investments of investors of another Party in its territory, in existence as of the date of entry into force of this Treaty or established, acquired, or expanded thereafter, and which have been admitted by a Party in accordance with its law, regulations and policies as applicable from time to time. 2.2 Subject to the provisions of Chapter III of this Treaty, nothing in this Treaty shall extend to any Pre-investment activity related to establishment, acquisition or expansion of any investment, or to any measure related to such Pre-investment activities, including terms and conditions under such measure which continue to apply post-investment to the management, conduct, operation, sale or other disposition of such investments. 2.3 This Treaty shall not apply to claims arising out of events which occurred, or claims which have been raised prior to the entry into force of this Treaty. This Treaty shall not apply to: (i) any measure by a local government; (ii) any law or measure regarding taxation, including measures taken to enforce taxation obligations. For greater certainty, it is clarified that where the State in which investment is made decides that conduct alleged to be a breach of its obligations under this Treaty is a subject matter of taxation, such decision of that State, whether before or after the commencement of arbitral proceedings, shall be non-justiciable and it shall not be open to any arbitration tribunal to review such decision. (iii) the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with the international obligations of Parties under the WTO Agreement. (iv) government procurement by a Party; (v) subsidies or grants provided by a Party; (vi) services supplied in the exercise of governmental authority by the relevant body or authority of a Party. For the purposes of this provision, a service supplied in the exercise of governmental authority means any service which is not supplied on a commercial basis.

Scope and General Provisions. 2.1 This Treaty shalt Agreement shall apply to measures adopted or maintained by a Party in the territory in which investment is made, relating to investments of investors of another Party the other territory, in its territory, in existence as of the date of entry into force of this Treaty Agreement or established, acquired, or expanded thereafter, and which have been admitted by a Party in the territory in accordance with its law, regulations and policies as applicable from time to timepolicies. 2.2 Subject to the provisions of Chapter III of this TreatyAgreement, nothing in this Treaty Agreement shall extend to any Pre-investment activity related to establishment, acquisition or expansion of any investment, or to any measure related to such Pre-Pre- investment activities, including terms and conditions under such measure which continue to apply post-investment to the management, conduct, operation, sale or other disposition of such investments. 2.3 This Treaty Agreement shall not apply to claims arising out of events which occurred, or claims which have been raised prior to the entry into force of this Treaty. Agreement. 2.4 This Treaty Agreement shall not apply to: (ia) any measure by a local governmentauthority; (iib) any law or measure regarding taxation, including measures taken to enforce taxation obligations. ; For greater certainty, it is clarified that where the State authority of a territory in which investment is made decides that conduct alleged to be a breach of its obligations under this Treaty Agreement is a subject matter of taxation, such decision of that Statedecision, whether before or after the commencement of arbitral proceedings, shall be non-justiciable and it shall not be open to any arbitration tribunal to review such decision. (iiic) the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rightsrights under domestic law, to the extent that such issuance, revocation, limitation or creation is consistent with the international obligations of Parties under the WTO Agreement. (iv) government procurement by a Party; (vd) procurement by the authorities of a territory; (e) subsidies or grants provided by the authorities of a Party;territory;and (vif) services supplied in the exercise of governmental authority by the relevant body or authority of a Partyterritory. For the purposes of this provision, a service supplied in the exercise of governmental authority means any service which is not supplied on a commercial basis.

Scope and General Provisions. 2.1 This Treaty shalt shall apply to measures adopted or maintained by a Party relating to investments of investors of another Party in its territory, in existence as of the date of entry into force of this Treaty or established, acquired, or expanded thereafter, and which have been admitted by a Party in accordance with its law, regulations and policies as applicable from time to time. 2.2 Subject to the provisions of Chapter III of this Treaty, nothing in this Treaty shall extend to any Pre-investment activity related to establishment, acquisition or expansion of any investment, or to any measure related to such Pre-investment activities, including terms and conditions under such measure which continue to apply post-investment to the management, conduct, operation, sale or other disposition of such investments. 2.3 This Treaty shall not apply to claims arising out of events which occurred, or claims which have been raised prior to the entry into force of this Treaty. . 2.4 This Treaty shall not apply to: (i) any measure by a local government; (ii) any law or measure regarding taxation, including measures taken to enforce taxation obligations. For greater certainty, it is clarified that where the State in which investment is made decides that conduct alleged to be a breach of its obligations under this Treaty is a subject matter of taxation, such decision of that State, whether before or after the commencement of arbitral proceedings, shall be non-non- justiciable and it shall not be open to any arbitration tribunal to review such decision. (iii) the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with the international obligations of Parties under the WTO Agreement. (iv) government procurement by a Party; (v) subsidies or grants provided by a Party; (vi) services supplied in the exercise of governmental authority by the relevant body or authority of a Party. For the purposes of this provision, a service supplied in the exercise of governmental authority means any service which is not supplied on a commercial basis.

Scope and General Provisions. 2.1 This Treaty shalt shall apply to measures adopted or maintained by a Party relating to investments of investors of another Party in its territory, in existence as of the date of entry into force of this Treaty or established, acquired, or expanded thereafter, and which have been admitted by a Party in accordance with its law, regulations and policies as applicable from time to time. 2.2 Subject to the provisions of Chapter III Ill of this Treaty, nothing in this Treaty shall extend to any Pre-investment activity related to establishment, acquisition or expansion of any investment, or to any measure related to such Pre-investment activities, including terms and conditions under such measure which continue to apply post-investment to the management, conduct, operation, sale or other disposition of such investments. 2.3 This Treaty shall not apply to claims arising out of events which occurred, or claims which have been raised prior to the entry into force of this Treaty. This Treaty shall not apply to: (i) any measure by a local government; (ii) any law or measure regarding taxation, including measures taken to enforce taxation obligations. For greater certainty, it is clarified that where the State in which investment is made decides that conduct alleged to be a breach of its obligations under this Treaty is a subject matter of taxation, such decision of that State, whether before or after the commencement of arbitral proceedings, shall be non-non- justiciable and it shall not be open to any arbitration tribunal to review such decision. (iii) the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with the international obligations of Parties under the WTO Agreement. (iv) government procurement by a Party; (v) subsidies or grants provided by a Party; (vi) services supplied in the exercise of governmental authority by the relevant body or authority of a Party. For the purposes of this provision, a service supplied in the exercise of governmental authority means any service which is not supplied on a commercial basis.

Scope and General Provisions. 2.1 1. This Treaty shalt Agreement shall apply to measures adopted or maintained by a Party relating to investments of investors of another Party in its territory, in existence as of the date of entry into force of this Treaty treaty or established, acquired, or expanded thereafter, and which have been admitted by a Party in accordance with its law, regulations and policies as applicable from time to time. 2.2 2. Subject to the provisions of Chapter III of this TreatyAgreement, nothing in this Treaty treaty shall extend to any Pre-investment activity related to establishment, acquisition or expansion of any investment, or to any measure related to such Pre-investment activities, including terms and conditions under such measure which continue to apply post-investment to the management, conduct, operation, sale or other disposition of such investments. 2.3 3. This Treaty Agreement shall not apply to claims arising out of events which occurred, or claims which have been raised prior to the entry into force of this Treatytreaty. 4. This Treaty Agreement shall not apply to: (i) any measure by a local government; (ii) any law or measure regarding taxation, including measures taken to enforce taxation obligations. For greater certainty, it is clarified that where the State in which investment is made decides that conduct alleged to be a breach of its obligations under this Treaty treaty is a subject matter of taxation, such decision of that State, whether before or after the commencement of arbitral proceedings, shall be non-justiciable non­justiciable and it shall not be open to any arbitration tribunal to review such decision.; (iii) the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with the international obligations of Parties under the WTO Agreement.; (iv) government procurement by a Party; (v) subsidies or grants provided by a Party; (vi) services supplied in the exercise of governmental authority by the relevant body or authority of a Party. For the purposes of this provision, a service supplied in the exercise of governmental authority means any service which is not supplied on a commercial basis.

Scope and General Provisions. 2.1 2.1. This Treaty shalt shall apply to measures adopted or maintained by a Party relating to investments of investors of another Party in its territory, in existence as of the date of entry into force of this Treaty or established, acquired, or expanded thereafter, thereafter and which have been admitted by a Party in accordance with its law, regulations and policies as applicable from time to time. 2.2 2.2. Subject to the provisions of Chapter III of this Ill ofthis Treaty, nothing in this Treaty shall extend to any Pre-investment activity related to establishment, acquisition or expansion of any investment, or to any measure related to such Pre-investment activities, including terms and conditions under such measure which continue to apply in the post-investment period to the management, conduct, operation, sale or other disposition of such investments. 2.3 2.3. This Treaty shall not apply to claims arising out of events which occurred, or claims which have been raised prior to the entry into force of this Treaty. 2.4. This Treaty shall not apply to: (i) any Any measure by a local government; (ii) any Any law or measure regarding taxation, including measures taken to enforce taxation obligations. For greater certainty, it is clarified that where the State in which investment is made made, decides that conduct alleged to be a breach of its obligations under this Treaty is a subject matter of taxation, such decision of that State, whether before or after the commencement of arbitral proceedings, shall be non-justiciable and it shall not be open to any arbitration tribunal to review such decision.; (iii) the The issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with the national law and international obligations of Parties under the WTO Agreement.Party concerned; (iv) government Government procurement by a Party; (v) subsidies Subsidies or grants provided by a Party; (vi) services Services supplied in the exercise of governmental authority by the relevant body or authority of a Party. For the purposes of this provision, a service supplied in the exercise of governmental authority means any service which is not supplied on a commercial basis. 2.5. The Annex in this Treaty constitutes an integral part of this Treaty and is to be accorded the same effect as other provisions in this Treaty.