Senior Management and Board of Directors. 1. A Member State shall not require that a juridical person of that Member State appoint to senior management positions, natural persons of any particular nationality.
2. A Member State may require that a majority of the board of directors of a juridical person of that Member State, be of a particular nationality, or resident in the territory of the Member State, provided that this requirement does not materially impair the ability of the investor to exercise control over its investment.
Senior Management and Board of Directors. 1. Neither Party may require that an enterprise of that Party that is a covered investment appoint to senior management position natural persons of any particular nationality.
2. A Party may require that the board of directors, or any committee thereof, of an enterprise of that Party that is a covered investment, comprises a minimum number of persons resident in the territory of that Party, provided that the requirement does not materially impair the ability of the investor to exercise control over its investment.
Senior Management and Board of Directors. 1. Neither Party may require that an enterprise of that Party that is an investment of an investor of the other Party appoint to senior management positions, or as senior executives, a natural person of any particular nationality.
2. Without prejudice to paragraph 1, a Party may require that a majority or less of the board of directors, or any committee thereof, of an enterprise of that Party that is an investment of an investor of the other Party be of a particular nationality, or a resident in the Territory of the former Party, provided that:
(a) the requirement does not materially impair the ability of the investor to exercise control over its investment; and
(b) the nationality of members of the board or committee required thereunder is not of any non- Party which does not maintain diplomatic relations with the latter Party.
3. The provision of this Article shall be subject to the legislation of the Parties at the time of the entry into force of this Agreement.
Senior Management and Board of Directors. 1. Neither Contracting Party may require that an enterprise of that Contracting Party that is an investment of an investor of the other Contracting Party appoint to senior management positions, or as senior executives, a natural person of any particular nationality.
2. Without prejudice to paragraph 1, a Contracting Party may require that a majority or less of the board of directors, or any committee thereof, of an enterprise of that Contracting Party that is an investment of an investor of the other Contracting Party be of a particular nationality, or a resident in the Territory of the former Contracting Party, provided that:
(a) the requirement does not materially impair the ability of the investor to exercise control over its investment; and
(b) the nationality of members of the board or committee required thereunder is not of any non- Contracting Party which does not maintain diplomatic relations with the latter Contracting Party.
Senior Management and Board of Directors. No Party shall require that a juridical person of that Party that is a covered investment appoint to a senior management position a natural person of any particular nationality. A Party may require that a majority of the board of directors, or any committee thereof, of a juridical person of that Party that is a covered investment, be of a particular nationality or resident in the territory of that Party, provided that the requirement does not materially impair the ability of the investor to exercise control over its investment.
Senior Management and Board of Directors. (Article
Senior Management and Board of Directors. 1. A Contracting Party may not require that an investor appoints to senior management positions individuals of any particular nationality relating to its investment provided that the country of the employee has diplomatic relations with the Host State.
2. Subject to its laws, regulations and policies relating to the entry of aliens, each Contracting Party shall give sympathy to entry to nationals of the other Contracting Party, employed by an investor of the other Contracting Party, who seek to render services to an investment of that investor in the territory of the Contracting Party, in a capacity that is managerial or executive or requires specialized knowledge. Part 3. INVESTOR RESPONSIBILITIES
Senior Management and Board of Directors. 1. Neither Contracting Party may require that an enterprise of that Contracting Party that is an investment of an investor of the other Contracting Party appoint to senior management positions, or as senior executives, a natural person of any particular nationality.
2. Without prejudice to paragraph 1, a Contracting Party may require that a majority or less of the board of directors, or any committee thereof, of an enterprise of that Contracting Party that is an investment of an investor of the other Contracting Party be of a particular nationality, or a resident in the Territory of the former Contracting Party, provided that:
(a) the requirement does not materially impair the ability of the investor to exercise control over its investment; and
(b) the nationality of members of the board or committee required thereunder is not of any non- Contracting Party which does not maintain diplomatic relations with the latter Contracting Party.
1. Articles 2, 3, 6 and 7 shall not apply to:
(a) any existing non-conforming measure that is maintained by the central government of a Contracting Party, as set out in the Schedule of each Contracting Party in Annex I;
(b) any existing non-conforming measure that is maintained by a local government of a Contracting Party;
(c) the continuation or prompt renewal of any non- conforming measure referred to in subparagraphs (a) and (b); or
(d) an amendment or modification to any non- conforming measure referred to in subparagraphs (a) and (b), provided that the amendment or modification does not decrease the conformity of the measure, as it existed at the date of the entry into force of this Agreement, with Articles 2, 3, 6 and 7.
2. Articles 2, 3, 6 and 7 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II.
3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time the measure becomes effective.
4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors or activities set out in it...
