Trade Related Investment Measures. (1) A Contracting Party shall not apply any trade-related investment measure that is inconsistent with the provisions of article III or XI of the GATT; this shall be without prejudice to the Contracting Party's rights and obligations under the GATT and Related Instruments and Article 29.
(2) Such measures include any investment measure which is mandatory or enforceable under domestic law or under any administrative ruling, or compliance with which is necessary to obtain an advantage, and which requires:
(a) the purchase or use by an enterprise of products of domestic origin or from any domestic source, whether specified in terms of particular products, in terms of volume or value of products, or in terms of a proportion of volume or value of its local production; or
(b) that an enterprise's purchase or use of imported products be limited to an amount related to the volume or value of local products that it exports; Or which restricts:
(c) the importation by an enterprise of products used in or related to its local production, generally or to an amount related to the volume or value of local production that it exports;
(d) the importation by an enterprise of products used in or related to its local production by restricting its access to foreign exchange to an amount related to the foreign exchange inflows attributable to the enterprise; or
(e) the exportation or sale for export by an enterprise of products, whether specified in terms of particular products, in terms of volume or value of products, or in terms of a proportion of volume or value of its local production.
(3) Nothing in paragraph (1) shall be construed to prevent a Contracting Party from applying the trade-related investment measures described in subparagraphs (2)(a) and (c) as a condition of eligibility for export promotion, foreign aid, government procurement or preferential tariff or quota programmes.
(4) Notwithstanding paragraph (1), a Contracting Party may temporarily continue to maintain trade-related investment measures which were in effect more than 180 days before its signature of this Treaty, subject to the notification and phase- out provisions set out in Annex TRM.
Trade Related Investment Measures. The Parties reaffirm their commitments to the WTO Agreement on Trade- Related Investment Measures (hereinafter referred to as the “TRIMs”) and hereby incorporate the provisions of TRIMs, as part of this Agreement.
Trade Related Investment Measures. 1. Subject to the provisions of paragraph 2, neither Party shall apply any trade-related investment measures (TRIMs) which are inconsistent with the Agreement on Trade- Related Investment Measures of the WTO. The illustrative list of TRIMs set forth in the WTO Agreement on TRIMs (“the List”) is contained in Annex I of this Agreement. TRIMs contained on the List will be considered inconsistent with this Article regardless of whether they are imposed in laws, regulations, or as conditions for individual investment contracts or licenses.
2. The Parties agree to eliminate all TRIMs (including those contained in laws, regulations, contracts or licenses) which fall under sub-paragraphs 2(A) (trade balancing requirements) and 2(B) (foreign exchange controls on imports) of the List by the time this Agreement enters into force. Vietnam shall eliminate all other TRIMs no later than five years after the date of entry into force of the Agreement, or the date required under the terms and conditions of Vietnam's accession to the WTO, whichever occurs first.
Trade Related Investment Measures. The UR Agreement on Trade Related Investment Measures (TRIMs) explicitly recognizes certain trade policy measures relating to investment as being inconsistent with some of the GATT provisions. Despite inconsistency with the GATT obligations, member countries have applied some of these measures in the past. They are to be now phased out and their future use prohibited. The Agreement on TRIMs provides that no member country should apply any TRIMs inconsistent with its GATT obligations with respect to national treatment (Article III) and prohibition of quantitative restrictions (Article XI). The agreement provides an illustrative list of TRIMs agreed to be inconsistent with these obligations. The list includes "local content requirements," which require particular levels of local procurement by an enterprise and "trade balancing requirements," which restrict the volume or value of imports such an enterprise can purchase to an amount related to the level of products it exports. The former violates Article III and the latter Article XI
