Common use of Treatment of the Investments Clause in Contracts

Treatment of the Investments. (1) Each Contracting Party shall in its territory accord to investments and returns of investors of the other Contracting Party treatment which is fair and equitable and no less favorable than that which it accords to investments and returns of its own investors or to investments and returns of investors of any third State. (2) Neither Contracting Party shall in any way impair by unreasonable or discriminatory measures the operation, management, maintenance, use, enjoyment or disposal of investments in its territory of investors of the other Contracting Party. (3) The provisions of paragraphs (1) and (2) of this Article shall not be construed so as to oblige one Contracting Party to extend to investors of the other Contracting Party the benefit of any treatment, preference or privilege resulting from any international agreement on double taxation avoidance, free trade areas, customs unions, common markets or economic, monetary and similar unions. (4) Neither of the Contracting Parties can impose nor oblige the fulfillment of the following requirements or compromises, in relation to any investment in its territory: (a) export a determined type, level or percentage of goods or services, in general terms or toward a specific market; (b) reach a fixed degree or percentage of the national content; (c) acquire, utilize or grant preference to goods or services of national origin or of any internal source; (d) relate in any form the volume or value of imports with the volume or value of exports, or with the amount of the entry of foreign exchange, associated with such investment; (e) restrict in its territory the sale of goods or services which such investment produces or provides, relating in any manner such sales to the volume or value of its production and its exports, or to the profits in foreign exchange generated; or (f) transfer to a natural or juridical person, in its territory, technology, productive process or other reserved knowledge, except when the requirement is imposed by a judicial or administrative tribunal.

Treatment of the Investments. (1) Each Contracting Party shall in its territory accord to investments and returns of investors of the other Contracting Party treatment which is fair and equitable and no less favorable than that which it accords to investments and returns of its own investors or to investments and returns of investors of any third State. (2) Neither Contracting Party shall in any way impair by unreasonable or discriminatory measures the operation, management, maintenance, use, enjoyment or disposal of investments in its territory of investors of the other Contracting Party. (3) The provisions of paragraphs (1) and (2) of this Article shall not be construed so as to oblige one Contracting Party to extend to investors of the other Contracting Party the benefit of any treatment, preference or privilege resulting from any international agreement on double taxation avoidance, free trade areas, customs unions, common markets or economic, monetary and similar unions. (4) Neither of the Contracting Parties can impose nor oblige the fulfillment of the following requirements or compromises, in relation to any investment in its territory: (a) export Export a determined type, level or percentage of goods or services, in general terms or toward a specific market; (b) reach Reach a fixed degree or percentage of the national content; (c) acquireAcquire, utilize or grant preference to goods or services of national origin or of any internal source; (d) relate Relate in any form the volume or value of imports with the volume or value of exports, or with the amount of the entry of foreign exchange, associated with such investment; (e) restrict Restrict in its territory the sale of goods or services which such investment produces or provides, relating in any manner such sales to the volume or value of its production and its exports, or to the profits in foreign exchange generated; or (f) transfer Transfer to a natural or juridical person, in its territory, technology, productive process or other reserved knowledge, except when the requirement is imposed by a judicial or administrative tribunal.