1. Performance Requirements
No Party may impose or enforce any of the following requirements or commitments, in connection with any investment in its territory:
a) to export a given type, level or percentage of goods and services, in general terms or with respect to a specific market;
b) to achieve a given level or percentage of domestic content;
c) to purchase, use or accord a preference to goods or services of national origin or internal provenance;
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 such investment;
e) to restrict sales of goods and services in its territory that such investment produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
f) to transfer to a natural or juridical person, in its territory, technology, a production process or other proprietary knowledge, except when the requirement is imposed by a court, administrative tribunal or competition authority to remedy an alleged violation of competition laws or to act in a manner not inconsistent with other provisions of this Agreement, (Article 5 (1)).
A measure that requires an investment to use a technology to meet generally applicable health, safety or environmental requirements, shall not be construed to be inconsistent with Article 5 (1) (f). (Article 5 (2)).
Provided that such measures are not applied in an arbitrary or unjustifiable manner,
or do not constitute a disguised restriction on international trade or investment, nothing in Article 5 (1) (b) or (c ) shall be construed to prevent any Party from adopting or maintaining measures, including environmental measures:
a) necessary to secure compliance with laws and regulations that are not inconsistent with the provisions of this Agreement;
b) necessary to protect human, animal or plant life or health; or
c) necessary for the conservation of natural resources. (Article 5 (3)).
2. Others
With respect to its legislation relating to the entry and sojourn of aliens, each Party shall permit to enter and remain in its territory investors of the other Party and other persons hired by these investors for the purpose of establishing, developing, administering or advising on the operation of an investment, to which they have committed or are in the process of committing capital or other resources. (Article 6(1)).
Neither Party shall, in granting entry under Article 6 (1), require a labor certification, academic certifications or other procedures of similar effect. This shall not be understood as a limitation of the internal norms with respect to the granting of non immigrant resident status. (Article 6 (2)).
Without affecting the labor provisions of each Party, each Party
shall permit that investments of the other Party appoint individuals of their choice to occupy senior management positions or serve on administrative boards or other operations of the same type, regardless of the nationality of such individuals. (Article 7 (1)).