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Investment Agreements in the Western Hemisphere: A Compendium

Trade and Integration Agreements


II. Admission

North American Free Trade Agreement (NAFTA)

A Party has the right to perform exclusively the economic activities set out in Annex III and to refuse to permit the establishment of investment in such activities. (Article 1101 (2)).

Nothing in Article 1102 shall be construed to prevent a Party from adopting or maintaining a measure that prescribes special formalities in connection with the establishment of investments by investors of another Party, such as a requirement that investors be residents of the Party or that investments be legally constituted under the laws or regulations of the Party, provided that such formalities do not materially impair the protections afforded by a Party to investors of another Party and investments of investors of another Party pursuant to this Chapter. (Article 1111(1)).

There is no separate clause on admission. The issue is dealt with in the treatment provisions (see section on treatment).

Free Trade Agreement of the Group of Three among Mexico, Colombia, and Venezuela (Group of Three)

Nothing in Article 17-03 shall be construed to prevent a Party from adopting or maintaining a measure that prescribes special formalities in connection with the establishment of investments by investors of another Party, such as a requirement that investments be constituted under the laws and regulations of the Party, provided that such formalities do not materially impair the protections afforded by a Party in accordance with the provisions of this Chapter. (Article 17-09(1)).

There is no separate clause on admission. The issue is dealt with in the treatment provisions (see section on treatment).

Common Market of the South (MERCOSUR)

Members:
Each Contracting Party shall promote investments of investors of the other Contracting Parties and shall admit these investments in its territory in a way that is no less favorable than that accorded to its own investors or investments of third States, taking into account the right of each Party to maintain limited exceptions [as listed in the Annex to this Protocol] for a transitory period of time. (Article 2(1) of the Colonia Protocol). See exceptions to national treatment at the admission phase in Section on Treatment.

Once a Contracting Party has admitted an investment in its territory, it shall grant the necessary authorizations for its development, including the execution of contracts of licensing, commercial or administrative assistance and income of the personnel. (Article 2(2) of the Colonia Protocol).

Non-Members:
Each Member Party shall promote in its territory investments of investors of third States, and shall admit such investments in accordance with its laws and regulations. (Article 2(B)(1) of the Buenos Aires Protocol).

Once a Member Party has admitted an investment in its territory, it shall grant the necessary authorizations for its development, including the execution of contracts of licensing, commercial or administrative assistance and income of the personnel. (Article 2(B)(2) of the Buenos Aires Protocol).

Andean Pact


Caribbean Community and the Caribbean Common Market (CARICOM)


 
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