Transfers. 1. Each Party shall guarantee investors of the other Party the transfer of their investments and returns held in the territory of the former Party, including: (a) profits, dividends, interests and other legitimate income; (b) amounts from total or partial liquidation of investments; (c) payments made pursuant to a loan agreement in connection with investment; (d) royalties referred to in the "returns" definition of Article 126 (Definitions); (e) payments of technical assistance or technical service fee, management fee; (f) payments in connection with projects on contract associated with investment; (g) earnings of nationals of a Party who work in connection with an investment in the territory of the other Party; and (h) the free transfer of compensation and other payments under Article 133 (Expropriation) and Article 134 (Compensation for Losses). 2. The transfers mentioned above shall be made in a freely usable currency at the prevailing market rate of exchange of the Party accepting the investments on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a 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, futures, options, or derivatives; (c) criminal or penal offenses; or (d) ensuring compliance with orders or judgments in judicial or administrative proceedings.
Appears in 363 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
