Common use of Transfer of Funds Clause in Contracts

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds in repayment of loans related to an investment; (b) the proceeds of the total or partial liquidation of any investment; (c) wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and (d) any compensation owed to an investor by virtue of Articles VII or VIII of this Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcy, insolvency or the protection of the rights of creditors; (b) issuing, trading or dealing in securities; (c) criminal or penal offences; (d) reports of transfers of currency or other monetary instruments; or (e) ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a) through (e) of paragraph 3. 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers in kind in circumstances where it could otherwise restrict such transfers under the WTO Agreement and as set out in paragraph 3.

Appears in 3 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

AutoNDA by SimpleDocs

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds Funds in repayment of loans related to an investment; (b) the The proceeds of the total or partial liquidation of any investment; (c) wages Xxxxx and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and; (d) any Any compensation owed to an investor by virtue of Articles VII or VIII of this the Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-non- discriminatory and good faith application of its laws relating to: (a) bankruptcyBankruptcy, insolvency or the protection of the rights of creditors; (b) issuingIssuing, trading or dealing in securities; (c) criminal Criminal or penal offencesoffenses; (d) reports Reports of transfers of currency or other monetary instruments; or (e) ensuring Ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a) through (e) of paragraph 3. 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers in kind in circumstances where it could otherwise restrict such transfers under the WTO Agreement and as set out in paragraph 3.

Appears in 2 contracts

Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds in repayment of loans related to an investment; (b) the proceeds of the total or partial liquidation of any investment; (c) wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Partyits territory; and (d) any compensation owed to an investor by virtue of Articles VII V (Compensation for Losses) or VIII VI (Expropriation) of this Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of the exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2the provisions of paragraph 1, a Contracting Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcy, insolvency or the protection of the rights of creditors; (b) issuing, trading or dealing in securities; (c) criminal or penal offences; (d) reports of transfers of currency or other monetary instruments; or (e) ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns income, earnings, profits or other amounts derived from, or attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a3(a) through (e) of paragraph 33(e). 6. Notwithstanding the provisions of this Article, without limiting the applicability of paragraph 5, and further to subparagraph 2(b) of Article IX (General Exceptions), a Contracting Party may prevent or limit transfers by a financial institution to, or for the benefit of, an affiliate of or person related to such institution, through the equitable, non-discriminatory and good faith application of measures relating to maintenance of the safety, soundness, integrity or financial responsibility of financial institutions. 7. Notwithstanding paragraph 1, a Contracting Party may restrict transfers of returns in kind in circumstances where it could otherwise restrict such transfers under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the “WTO Agreement and Agreement”), including as set out in paragraph 3.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds in repayment of loans related to an investment; (b) the proceeds of the total or partial liquidation of any investment; (c) wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Partyits territory; and (d) any compensation owed to an investor by virtue of Articles VII V (Compensation for Losses) or VIII VI (Expropriation) of this Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of the exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2the provisions of paragraph 1, a Contracting Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcy, insolvency or the protection of the rights of creditors; (b) issuing, trading or dealing in securities; (c) criminal or penal offences; (d) reports of transfers of currency or other monetary instruments; or (e) ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns income, earnings, profits or other amounts derived from or attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a3(a) through (e) of paragraph 33(e). 6. Notwithstanding the provisions of this Article, without limiting the applicability of paragraph 5, and further to subparagraph 2(b) of Article IX (General Exceptions), a Contracting Party may prevent or limit transfers by a financial institution to, or for the benefit of, an affiliate of or person related to such institution, through the equitable, non-discriminatory and good faith application of measures relating to maintenance of the safety, soundness, integrity or financial responsibility of financial institutions. 7. Notwithstanding paragraph 1, a Contracting Party may restrict transfers of returns in kind in circumstances where it could otherwise restrict such transfers under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the “WTO Agreement Agreement”) and as set out in paragraph 3.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds Funds in repayment of loans related to an investment; (b) the The proceeds of the total or partial liquidation of any investment; (c) wages Wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and (d) any Any compensation owed to an investor by virtue of Articles VII or VIII of this Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non- discriminatory and good faith application of its laws relating to:paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcyBankruptcy, insolvency or the protection of the rights of creditors; (b) issuingIssuing, trading or dealing in securities; (c) criminal Criminal or penal offences; (d) reports Reports of transfers of currency or other monetary instruments; or (e) ensuring Ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a) through (e) of paragraph 3. 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers in kind in circumstances where it could otherwise restrict such transfers under the WTO Agreement and as set out in paragraph 3.paragraph 1, a Contracting Party may restrict transfers in kind in circumstances where it could otherwise restrict such transfers under the WTO Agreement and as set out in paragraph 3.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Transfer of Funds. (1. ) Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds Funds in repayment of loans related to an investment; (b) the The proceeds of the total or partial liquidation of any investment; (c) wages Wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and; (d) any Any compensation owed to an investor by virtue of Articles VII or VIII of this the Agreement. (2. ) Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. (3. ) Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-non- discriminatory and good faith application of its laws relating to: (a) bankruptcyBankruptcy, insolvency or the protection of the rights of creditors; (b) issuingIssuing, trading or dealing in securities; (c) criminal Criminal or penal offencesoffenses; (d) reports Reports of transfers of currency or other monetary instruments; or (e) ensuring Ensuring the satisfaction of judgments in adjudicatory proceedings. (4. ) Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. (5. ) Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a) through (e) of paragraph 3. 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers in kind in circumstances where it could otherwise restrict such transfers under the WTO Agreement and as set out in paragraph 3.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds Funds in repayment of loans related to an investment; (b) the The proceeds of the total or partial liquidation of any investment; (c) wages Wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and; (d) any Any compensation owed to an investor by virtue of Articles VII or VIII of this the Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-non- discriminatory and good faith application of its laws relating to: (a) bankruptcyBankruptcy, insolvency or the protection of the rights of creditors; (b) issuingIssuing, trading or dealing in securities; (c) criminal Criminal or penal offencesoffenses; (d) reports Reports of transfers of currency or other monetary instruments; or (e) ensuring Ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a) through (e) of paragraph 3. 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers in kind in circumstances where it could otherwise restrict such transfers under the WTO Agreement and as set out in paragraph 3.

Appears in 1 contract

Samples: Investment Protection Agreement

Transfer of Funds. (1. ) Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds Funds in repayment of loans related to an investment; (b) the The proceeds of the total or partial liquidation of any investment; (c) wages Xxxxx and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and; (d) any Any compensation owed to an investor by virtue of Articles VII or VIII of this the Agreement. (2. ) Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. (3. ) Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-non- discriminatory and good faith application of its laws relating to: (a) bankruptcyBankruptcy, insolvency or the protection of the rights of creditors; (b) issuingIssuing, trading or dealing in securities; (c) criminal Criminal or penal offencesoffenses; (d) reports Reports of transfers of currency or other monetary instruments; or (e) ensuring Ensuring the satisfaction of judgments in adjudicatory proceedings. (4. ) Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. (5. ) Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in the subparagraphs (a) through (e) of paragraph 3. 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers in kind in circumstances where it could otherwise restrict such transfers under the WTO Agreement and as set out in paragraph 3.

Appears in 1 contract

Samples: Investment Agreement

AutoNDA by SimpleDocs

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds Funds in repayment of loans related to an investment; (b) the The proceeds of the total or partial liquidation of any investment; (c) wages Wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Partyits territory; and (d) any Any compensation owed to an investor by virtue of Articles VII V (Compensation for Losses) or VIII VI (Expropriation) of this Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of the exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2the provisions of paragraph 1, a Contracting Party may prevent a transfer through the equitable, non-non- discriminatory and good faith application of its laws relating to: (a) bankruptcyBankruptcy, insolvency or the protection of the rights of creditors; (b) issuingIssuing, trading or dealing in securities; (c) criminal Criminal or penal offences; (d) reports Reports of transfers of currency or other monetary instruments; or (e) ensuring Ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns income, earnings, profits or other amounts derived from, or attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a3(a) through (e) of paragraph 33(e). 6. Notwithstanding the provisions of this Article, without limiting the applicability of paragraph 5, and further to subparagraph 2(b) of Article IX (General Exceptions), a Contracting Party may prevent or limit transfers by a financial institution to, or for the benefit of, an affiliate of or person related to such institution, through the equitable, non- discriminatory and good faith application of measures relating to maintenance of the safety, soundness, integrity or financial responsibility of financial institutions. 7. Notwithstanding paragraph 1, a Contracting Party may restrict transfers of returns in kind in circumstances where it could otherwise restrict such transfers under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement and Agreement"), including as set out in paragraph 3.

Appears in 1 contract

Samples: Investment Agreement

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds in repayment of loans related to an investment; (b) the proceeds of the total or partial liquidation of any investment; (c) wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and (d) any compensation owed to an investor by virtue of Articles VII (Compensation for Losses) or VIII (Expropriation) of this Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcy, insolvency or the protection of the rights of creditors; (b) issuing, trading or dealing in securities; (c) criminal or penal offences; (d) reports of transfers of currency or other monetary instruments; or (e) ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a3(a) through (e) of paragraph 33(e). 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers of returns in kind in circumstances where it could otherwise restrict such transfers under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the “WTO Agreement Agreement”) and as set out in paragraph 3.

Appears in 1 contract

Samples: Investment Protection Agreement

Transfer of Funds. (1. ) Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds in repayment of loans related to an investment; (b) the proceeds of the total or partial liquidation of any investment; (c) wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and; (d) any compensation owed to an investor by virtue of Articles VII or VIII of this the Agreement. (2. ) Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. (3. ) Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcy, insolvency or the protection of the rights of creditors; (b) issuing, trading or dealing in securities; (c) criminal or penal offencesoffenses; (d) reports of transfers of currency or other monetary instruments; or (e) ensuring the satisfaction of judgments in adjudicatory proceedings. (4. ) Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. (5. ) Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in the subparagraphs (a) through (e) of paragraph 3. 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers in kind in circumstances where it could otherwise restrict such transfers under the WTO Agreement and as set out in paragraph 3.

Appears in 1 contract

Samples: Reciprocal Promotion and Protection of Investment Agreement

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) : funds in repayment of loans related to an investment; (b) ; the proceeds of the total or partial liquidation of any investment; (c) ; wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Partyits territory; and (d) and any compensation owed to an investor by virtue of Articles VII V (Compensation for Losses) or VIII VI (Expropriation) of this Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of the exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2the provisions of paragraph 1, a Contracting Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: (a) : bankruptcy, insolvency or the protection of the rights of creditors; (b) ; issuing, trading or dealing in securities; (c) ; criminal or penal offences; (d) ; reports of transfers of currency or other monetary instruments; or (e) or ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns income, earnings, profits or other amounts derived from or attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a3(a) through (e) of paragraph 33(e). 6. Notwithstanding the provisions of this Article, without limiting the applicability of paragraph 5, and further to subparagraph 2(b) of Article IX (General Exceptions), a Contracting Party may prevent or limit transfers by a financial institution to, or for the benefit of, an affiliate of or person related to such institution, through the equitable, non‑discriminatory and good faith application of measures relating to maintenance of the safety, soundness, integrity or financial responsibility of financial institutions. 7. Notwithstanding paragraph 1, a Contracting Party may restrict transfers of returns in kind in circumstances where it could otherwise restrict such transfers under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the “WTO Agreement Agreement”) and as set out in paragraph 3.

Appears in 1 contract

Samples: Investment Protection Agreement

Transfer of Funds. 1. Each Contracting Party shall guarantee to an investor of the other Contracting Party the unrestricted transfer of investments and returns. Without limiting the generality of the foregoing, each Contracting Party shall also guarantee to the investor the unrestricted transfer of: (a) funds Funds in repayment of loans related to an investment; (b) the The proceeds of the total or partial liquidation of any investment; (c) wages Wages and other remuneration accruing to a citizen of the other Contracting Party who was permitted to work in connection with an investment in the territory of the other Contracting Party; and (d) any Any compensation owed to an investor by virtue of Articles VII (Compensation for Losses) or VIII (Expropriation) of this Agreement. 2. Transfers shall be effected without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed by the investor, transfers shall be made at the rate of exchange applicable on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non- discriminatory and good faith application of its laws relating to:paragraphs 1 and 2, a Contracting Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: (a) bankruptcyBankruptcy, insolvency or the protection of the rights of creditors; (b) issuingIssuing, trading or dealing in securities; (c) criminal Criminal or penal offences; (d) reports Reports of transfers of currency or other monetary instruments; or (e) ensuring Ensuring the satisfaction of judgments in adjudicatory proceedings. 4. Neither Contracting Party may require its investors to transfer, or penalize its investors that fail to transfer, the returns attributable to investments in the territory of the other Contracting Party. 5. Paragraph 4 shall not be construed to prevent a Contracting Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a3(a) through (e) of paragraph 33(e). 6. Notwithstanding paragraph 1, a Contracting Party may restrict transfers of returns in kind in circumstances where it could otherwise restrict such transfers under the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement Agreement") and as set out in paragraph 3.

Appears in 1 contract

Samples: Investment Protection Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!