Where one Contracting. Party has provided a financial guarantee against non-commercial risks in respect of an investment made by one of its investors in the territory of the other Contracting Party, the latter Contracting Party shall, once the former Contracting Party has made a first payment in connection with the financial guarantee, recognize the transfer to the former Contracting Party of the economic rights of the investor. Such transfer shall enable the former Contracting Party to be the direct beneficiary of any payments in compensation to which the original investor might be entitled.
Where one Contracting. Party has agreed with investors of the other Contracting Party on more favourable terms than those specified in this Agreement, those terms shall not be affected by this Agreement.
Where one Contracting. Party has provided a financial guarantee against non-commercial risks in respect of an investment by one of its investors in the territory of the other Contracting Party, the latter shall agree to the subrogation of the first Contracting Party in respect of the investor's economic rights as from the time when the first Contracting Party makes a first payment to be charged against the guarantee it has provided. This subrogation will enable the first Contracting Party to receive directly any payment of compensation to which the investor may be entitled. With regard to rights of ownership, use or enjoyment, or any other real right, the subrogation may only take place after the relevant permits have been obtained, in compliance with the legislation in force in the territory of the Contracting Party where the investment was made.
Where one Contracting. Party requests the other Contracting Party to collect, compile and transmit information or data within the meaning of article 3 which is required only by the requesting Party, the latter shall reimburse the Party providing the information or data for the costs thus incurred. Accounts relating to the costs referred to in this article shall be settled each year. For this purpose, statements of account shall be drawn up pursuant to the protocols referred to in article 3.
Where one Contracting. Party or its designated agency has guaranteed any indemnity against risks in respect of an investment by any of its investors in the territory of the other Contracting Party and has made payments to such investors in respect of their claims under this Agreement, the other Contracting Party agrees that the first Contracting Party or its designated agency is entitled by virtue of subrogation to exercise the rights and assert the claims of those investors. The subrogated rights or claims shall not exceed the original rights or claims of such investors.
Where one Contracting. Party has provided a financial guarantee against non-commercial risks in respect of an investment made by one of its investors in the territory of the other Contracting Party, the latter Contracting Party shall, one the former Contracting Party had made a first payment in connection with the financial guarantee, recognize the transfer to the former Contracting Party of the economic rights of the investor. Such transfer shall enable the former Contracting Party to be the direct beneficiary of any payments in compensation to which the investor might be entitled. Subrogation shall apply in respect of rights of ownership, use or enjoyment or any other property right only if the relevant authorizations required under the laws in force in the Contracting Party in which the investments was made have first been obtained.
Where one Contracting. Party has granted any financial security against non-commercial risks in respect of an investment by a national or company in the territory of the other Contracting Party and payment has been made by the first Contracting Party under that guarantee, the other Contracting Party shall recognize the rights of the first Contracting Party by virtue of the principle of subrogation to the rights of the investor.
Where one Contracting. Government imposes duty on any property which is not situated in its territory but is situated in the territory of the other Contracting Government, the former Government shall allow against so much of its duty (as otherwise computed) as is attributable to that property a credit (not exceeding the amount of the duty so attributable) equal to so much of the duty imposed in the territory of the other Contracting Government as is attributable to such property.
Where one Contracting. Party or its designated agency (hereinafter referred to as indemnifying Party) has made payments to its investor under an indemnity, guarantee or contract of insurance against non-commercial risks given in respect of an investment in the territory of the other Contracting Party, the host Contracting Party shall recognize
a) the assignment to the indemnifying Party of all rights and claims in respect of such investment of the investor under a law or pursuant to a legal transaction; and
b) the right of the indemnifying Party to exercise all such rights and enforce such claims by virtue of subrogation.
Where one Contracting. State requests information under this article, the other Contracting State shall use the information gathering possibilities available to it in order to obtain that information, even if that other State does not require such information for its own tax purposes. The obligation contained in the preceding sentence shall be subject to the restrictions provided for in paragraph 3, whereby such restrictions may not be construed as allowing either Contracting State to decline to supply information solely because it has no domestic interest in such information.
