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Investment Agreements in the Western Hemisphere: A Compendium

Bilateral Free Trade Agreements


III. Treatment | C. Other Aspects | 2. Others

Free Trade Agreement Between Bolivia and Mexico

Each Party shall grant investors of the other Party nondiscriminatory treatment with respect to investments that suffer losses in its territory due to armed conflicts or civil disputes, or acts of God or force majeure, with respect to any measure it adopts or maintains in regard to such losses. (Article 15-03(2)).

No Party may require that an enterprise of that Party appoint to senior management positions individuals of any particular nationality. (Article 15-06(1)).

A Party may require that the members of the administrative organs of an enterprise be of a particular nationality, provided such requirement does not substantially reduce an investor's ability to exercise control over his investment. (Article 15-06(2)).

With respect to the investments of its investors established and organized in accordance with the legislation of another Party, a Party may not exercise jurisdiction or adopt any measure that has the effect of extraterritorial application of its legislation or of obstructing trade between the Parties, or between a Party and a non-Party country. (Article 15-13(1)).

If a Party fails to comply with the provisions of Article 15-13(1), the Party where the investment is established may adopt such measures and take such steps as it deems necessary to nullify the effect of the legislation or measure concerned and the obstacles to trade resulting from such legislation or measure. (Article 15-13(2)).

Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental concerns. (Article 15-14(1)).

The Parties recognize that it is inappropriate to encourage investment by relaxing environmental measures, domestic health, and safety measures. Accordingly, a Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, such measure as an encouragement for the establishment, acquisition, expansion or retention in its territory of an investment. If a Party considers that another Party has offered such an encouragement, it may request consultations with the other Party. (Article 15-14(2)).

Free Trade Agreement Between Costa Rica and Mexico

No Party may require that an enterprise of that Party appoint to senior management positions individuals of any particular nationality. (Article 13-07(1)).

A Party may require that the members of the administrative organs of an enterprise be of a particular nationality, provided such requirement does not substantially reduce an investor's ability to exercise control over his investment. (Article 13-07(2)).

With respect to the investments of its investors established and organized in accordance with the legislation of another Party, a Party may not exercise jurisdiction or adopt any measure that has the effect of extraterritorial application of its legislation or of obstructing trade between the Parties, or between a Party and a non-Party country. (Article 13-14(1)).

If a Party fails to comply with the provisions of Article 13-14(1), the Party where the investment is established may adopt such measures and take such steps as it deems necessary to nullify the effect of the legislation or measure concerned and the obstacles to trade resulting from such legislation or measure. (Article 13-14(2)).

Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to ecological or environmental concerns. (Article 13-15(1)).

The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures. Accordingly, a Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, such measures as an encouragement for the establishment, acquisition, expansion or retention in its territory of an investment. If a Party considers that another Party has offered such an encouragement, it may request consultations with the other Party. (Article 13-15(2)).

Free Trade Agreement Between Canada and Chile

Without prejudice to paragraph 1 and notwithstanding Article G-08(6)(b), each Party shall accord to investors of the other Party, and to investments of investors of the other Party, non-discriminatory treatment with respect to measures it adopts or maintains relating to losses suffered by investments in its territory owing to armed conflict or civil strife. (Article G-05(2)). Paragraph 2 does not apply to existing measures relating to subsidies or grants that would be inconsistent with Article G-02 but for Article G-08(6)(b). (Article G-05(3)).

Neither Party may require that an enterprise of that Party that is an investment of an investor of the other Party appoint to senior management positions individuals of any particular nationality. (Article G-07(1)).

A Party may require that a majority of the board of directors, or any committee thereof, of an enterprise of that Party that is an investment of an investor of the other Party, be of a particular nationality, or resident in the territory of the Party, provided that the requirement does not materially impair the ability of the investor to exercise control over its investment. (Article G-07(2)).

Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental concerns. (Article G-14(1)).

The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures. Accordingly, a Party should not waive or otherwise derogate from, or offer to waive or otherwise derogate from, such measures as an encouragement for the establishment, acquisition, expansion or retention in its territory of an investment of an investor. If a Party considers that the other Party has offered such an encouragement, it may request consultations with the other Party and the two Parties shall consult with a view to avoiding any such encouragement. (Article G-14(2)).

 
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