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Prohibition of Performance Requirements Sample Clauses

Prohibition of Performance Requirements. 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement. 2. Member States shall undertake joint assessment on performance requirements no later than 2 years from the date of entry into force of this Agreement. The aim of such assessment shall include reviewing existing performance requirements and considering the need for additional commitments under this Article.
Prohibition of Performance Requirements. 1. Neither Contracting Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with investment activities of an investor of a Contracting Party or of a non-Contracting Party in its Area: (a) to export a given level or percentage of goods or services; (b) to achieve a given level or percentage of domestic content; (c) to purchase, use or accord a preference to goods produced or services provided in its Area, or to purchase goods or services from natural or legal persons or any other entity in its Area; (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with investments of the investor; (e) to restrict sales of goods or services in its Area that investments of the investor produce or provide by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; (f) to restrict the exportation or sale for export; (g) to appoint, as executives, managers or members of boards of directors, individuals of any particular nationality; (h) to transfer technology, a production process or other proprietary knowledge to a natural or legal person or any other entity in its Area; Note: The requirement prohibited under this Subparagraph, irrespective of its objectives or effects, shall be deemed to include any requirement, either explicit or implicit, by a Contracting Party, regardless of whether or not transfer of technology, a production process or other proprietary knowledge is imposed or enforced by that Contracting Party, that the investor offer or accept the following: (i) a rate or amount of royalty under a Licence contract below a certain level; or (ii) a given range of period as the term of a licence contract, In regard to any licence contract freely entered into between the investor and a natural or legal person or any other entity in its Area. A "licence contract" referred to in this note means any licence contract concerning transfer of technology, a production process, or other proprietary knowledge. For the avoidance of doubt, a "licence contract" does not include licences for the exploration, prospect, exploitation and extraction of natural resources referred to in subparagraph (a) (vii) of Article 1. (i) to locate the headquarters of the investor for a specific region or the world market in its Area; (j) to achieve a given level or value of research and development in it...
Prohibition of Performance Requirements. 1. Neither Party shall, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory, impose or enforce any requirement, or enforce any commitment or undertaking, to: (10) (a) export a given level or percentage of goods or services; (b) achieve a given level or percentage of domestic content; (c) purchase, use or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory; (d) relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; (e) restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; (f) transfer a particular technology, a production process or other proprietary knowledge to a person in its territory; or (g) supply exclusively from the territory of the Party the goods that such investment produces or the services that such investment supplies to a specific regional market or to the world market. 2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any requirement to: (a) achieve a given level or percentage of domestic content; (b) purchase, use or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory; (c) relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or (d) restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings. (a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or ...
Prohibition of Performance Requirements. 1. Neither Contracting Party shall impose or enforce, as a condition for investment activities in its Area of an investor of the other Contracting Party, any of the following requirements: (a) to export a given level or percentage of goods or services; (b) to achieve a given level or percentage of domestic content; (c) to purchase, use or accord a preference to goods produced or services provided in its Area, or to purchase goods or services from natural or legal persons or any other entity in its Area; (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with investments of that investor; (e) to restrict sales of goods or services in its Area that investments of that investor produce or provide by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; (f) to restrict the exportation or sale for export; (g) to transfer technology, a production process or other proprietary knowledge to a natural or legal person or any other entity in its Area, except when: (i) the requirement is imposed or enforced by a court, administrative tribunal or competition authority to remedy an alleged violation of competition laws; or (ii) the requirement concerns the transfer of intellectual property rights which is undertaken in a manner not inconsistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement; (h) to locate the headquarters of that investor for a specific region or the world market in its Area; (i) to hire a given number or percentage of its nationals; (j) to achieve a given level or value of research and development in its Area; or (k) to supply one or more of the goods that the investor produces or the services that the investor provides to a specific region or the world market, exclusively from the Area of the former Contracting Party. 2. Paragraph 1 does not preclude either Contracting Party from conditioning the receipt or continued receipt of an advantage, in connection with investment activities in its Area of an investor of the other Contracting Party, on compliance with any of the requirements set forth in subparagraphs 1 (g) through (k).
Prohibition of Performance RequirementsNo Party shall apply in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party in its territory any measure which is inconsistent with the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement.
Prohibition of Performance Requirements. 1. Neither Contracting Party shall impose or enforce any of the following requirements as a condition for investment activities in its Area of investors of a Contracting Party or of a non-Contracting Party: (a) To export a given level or percentage of goods or services; (b) To achieve a given level or percentage of domestic content; (c) To purchase, use or accord a preference to goods produced or services provided in its Area, or to purchase goods or services from natural or legal persons or any other entity in its Area; (d) To relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with investments of that investor; (e) To restrict sales of goods or services in its Area that investments of that investor produce or provide by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; (f) To transfer technology, a production process or other proprietary knowledge to a natural or legal person or any other entity in its Area, except when the requirement (i) is imposed or enforced by a court, administrative tribunal or competition authority to remedy an alleged violation of competition laws; or (ii) concerns the transfer of intellectual property rights which is undertaken in a manner not inconsistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement (hereinafter referred to as "the TRIPS Agreement"); Note: Nothing in subparagraph (f) shall be construed to prevent a Contracting Party, in connection with investment activities in its Area, from imposing or enforcing a requirement or enforcing a commitment to train workers in its Area, provided that such training does not require the transfer of a particular technology, production process or other proprietary knowledge to a person in its Area. (g) To locate the headquarters of that investor for a specific region or the world market in its Area; or (h) To supply one or more of the goods that the investor produces or the services that the investor provides to a specific region or the world market, exclusively from the Area of the former Contracting Party. 2. Neither Contracting Party may condition the receipt or continued receipt of an advantage, in connection with investment activities of an investor of a Contracting Party or of a non-Contracting Party in its Area, on compliance with any of the following requirements: (a) To achieve a g...
Prohibition of Performance Requirements. 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement are incorporated into and made part of this Agreement, mutatis mutandis and shall apply with respect to all investments under this Agreement. 2. No Contracting Party shall, in its territory, impose unreasonable or discriminatory measures on investment by investors of another Contracting Party concerning performance requirements on export or transfer of technology.
Prohibition of Performance Requirements. 1. Neither Party shall impose or enforce any of the following requirements as a condition for the establishment, acquisition, expansion, management, operation, maintenance, use or possession of investments in its territory of an investor of the other Party: (a) to export a given level or percentage of goods or services; (b) to achieve a given level or percentage of domestic content; (c) to purchase or use goods produced or services provided in the territory of the former Party, or to purchase goods or services from natural or legal persons in the territory of the former Party; (d) to relate the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investments; (e) to restrict sales of goods or services in the territory of the former Party that such investments produce or provide by relating such sales to the volume or value of its exports or foreign exchange earnings; (f) to transfer technology, a production process or other proprietary knowledge to a natural or legal person of the former Party, except when the requirement: (i) is imposed or enforced by a court, administrative tribunal or competition authority to remedy an alleged violation of competition laws; or (ii) concerns the transfer of intellectual property which is undertaken in a manner not inconsistent with the Agreement on Trade- Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement; (g) to locate its headquarters for a specific region or the world market in the territory of the former Party; (h) to achieve a given level or value of research and development in the territory of the former Party; or (i) to supply one or more of the goods that it produces or the services that it provides to a specific region outside the territory of the former Party exclusively from the territory of the former Party. 2. Each Party is not precluded by paragraph 1 above from conditioning the receipt or continued receipt of an advantage, in connection with investments in its territory of an investor of the other Party, on compliance with any of the requirements set forth in sub-paragraphs (f) through (i) of paragraph 1 above. 3. Nothing in this Article shall be construed so as to derogate from the obligations of the Parties under the Agreement on Trade Related Investment Measures in Annex 1A to the WTO Agreement.
Prohibition of Performance Requirements. 1. Neither Party shall impose or enforce any of the following requirements, in connection with investment activities in its Area of an investor of the other Party: (a) to export a given level or percentage of goods or services; (b) to achieve a given level or percentage of domestic content; (c) to purchase, use or accord a preference to goods produced or services provided in its Area, or to purchase goods or services from natural or legal persons or any other entity in its Area; (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with investments of the investor; (e) to restrict sales of goods or services in its Area that investments of the investor produce or provide by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; (f) to appoint, as executives or members of board of directors, individuals of any particular nationality; (g) to locate the headquarters of the investor for a specific region or the world market in its Area; (h) to achieve a given level or value of research and development in its Area; or (i) to supply to a specific region or the world market exclusively from its Area, one or more of the goods that the investor produces or the services that the investor provides. 2. Paragraph 1 does not preclude either Party from conditioning the receipt or continued receipt of an advantage, in connection with investment activities in its Area of an investor of the other Party, on compliance with any of the requirements set forth in subparagraphs 1 (g) through (i).
Prohibition of Performance Requirements. 1. Neither Contracting Party shall impose or enforce, as a condition for investment activities in its Area of an investor of the other Contracting Party, without prior consultation with the other Contracting Party, local content requirements, export requirements, export-import balancing requirements or technology transfer requirements. 2. Paragraph 1 does not apply to the technology transfer requirements which are imposed or enforced by a court, administrative tribunal or competition authority to remedy an alleged violation of competition laws, or which concerns the transfer of intellectual property rights which is undertaken in a manner not inconsistent with the multilateral agreements in respect of protection of intellectual property rights to which the Contracting Party imposing or enforcing such transfer is a party.