1. Performance Requirements
Neither Party shall mandate or enforce, as a condition for the establishment, acquisition, expansion, management, conduct or operation of a covered investment, any requirement (including any commitment or undertaking in connection with the receipt of a governmental permission or authorization): (a) to achieve a particular level or percentage of local content, or to purchase, use or otherwise give a preference to products or services of domestic origin or from any domestic source; b) to limit imports by the investment of products or services in relation to a particular volume or value of production, exports or foreign exchange earnings; c) to export a particular type, level or percentage of products or services, either generally or to a specific market region; d) to limit sales by the investment of products or services in the Party's territory in relation to a particular volume or value of production, exports or foreign exchange earnings; e) to transfer technology, a production process or other proprietary knowledge to a national or company in the Party's territory, except pursuant to an order, commitment or undertaking that is enforced by a court, administrative tribunal or competition authority to remedy an alleged or adjudicated violation of competition laws; or f) to carry out a particular type, level or percentage of research and development in the Party's territory. Such requirements do not include conditions for the receipt or continued receipt of an advantage. (Article VI).
2. Others
Subject to its laws relating to the entry and sojourn of aliens, each Party shall permit to enter and to remain in its territory nationals of the other Party for the purpose of establishing, developing, administering or advising on the operation of an investment to which they, or a company of the other Party that employs them, have committed or are in the process of committing a substantial amount of capital or other resources. (Article VII (1) (a)). Neither Party, shall, in granting entry under paragraph 1(a), require a labor certification test or other procedures of similar effect, or apply any numerical restriction. (Article VII (1) (b)). Each Party shall permit covered investments to engage top managerial personnel of their choice, regardless of nationality. (Article VII (2)). Each Party shall accord national and most-favored-nation treatment to covered investments as regards any measure relating to losses that investments suffer in its territory owing to war or other armed conflict, revolution, state of national emergency, insurrection, civil disturbance, or similar events. (Article IV (1)). This Treaty shall not derogate from any of the following that entitle covered investments to treatment more favorable than that accorded by this Treaty: a) laws and regulations, administrative practices or procedures, or administrative or adjudicatory decisions of a Party; b) international legal obligations; or c) obligations assumed by a Party, including those contained in an investment authorization or an investment agreement. (Article XI). This Treaty shall not preclude a Party from prescribing special formalities in connection with covered investments, such as a requirement that such investments be legally constituted under the laws and regulations of that Party, or a requirement that transfers of currency or other monetary instruments be reported, provided that such formalities shall not impair the substance of any of the rights set forth in this Treaty. (Article XIV (2)).