4. National Treatment
Yes, Article II on treatment requires the better of either national treatment or most-favored nation treatment with respect to both pre-establishment and post-establishment investments. Each Party shall permit and treat investments, and activities associated therewith, on a basis no less favorable than that accorded in like situations to investments or associated activities of its own nationals or companies (national treatment), or of nationals or companies of any third country (most-favored-nation treatment), whichever is the most favorable, subject to the right of each Party to make or maintain exceptions falling within one of the sectors or matters listed in the Annex to the Treaty. The treatment accorded investments and activities associated therewith pursuant to any exceptions to national treatment shall be that of most-favored-nation treatment, unless specified otherwise in the Annex. (Article II (1) (a)). Each Party agrees to notify the other Party before or on the date of entry into force of this Treaty of all such laws and regulations of which it is aware concerning the sectors or matters listed in the Annex. Moreover, each Party agrees to notify the other of any future exception with respect to the sectors or matters listed in the Annex, and to limit such exceptions to a minimum. Any future exception by either Party shall not apply to investment existing in that sector or matter at the time the exception becomes effective. (Article II (1) (b)). The Parties understand that the term "regulations" in Article II (1) (b) includes, where appropriate, the provisions of a treaty to which one of the Parties has adhered. (Paragraph 1 of the Protocol). The treatment accorded by the United States to investments and associated activities of nationals and companies of Jamaica under the provisions of Article II shall in any State, Territory or possession of the United States be no less favorable than the treatment accorded therein to investments and associated activities of nationals of the United States resident in, and companies legally constituted under the laws and regulations of, other States, Territories or possessions of the United States. (Article II (8)).
5. Most-Favored-Nation Treatment
Yes, Article II on treatment requires the better of either national treatment or most-favored nation treatment with respect to both pre-establishment and post-establishment investments. Each Party shall permit and treat investments, and activities associated therewith, on a basis no less favorable than that accorded in like situations to investments or associated activities of its own nationals or companies (national treatment), or of nationals or companies of any third country (most-favored-nation treatment), whichever is the most favorable, subject to the right of each Party to make or maintain exceptions falling within one of the sectors or matters listed in the Annex to the Treaty. The treatment accorded investments and activities associated therewith pursuant to any exceptions to national treatment shall be that of most-favored-nation treatment, unless specified otherwise in the Annex. (Article II (1) (a)). Each Party agrees to notify the other Party before or on the date of entry into force of this Treaty of all such laws and regulations of which it is aware concerning the sectors or matters listed in the Annex. Moreover, each Party agrees to notify the other of any future exception with respect to the sectors or matters listed in the Annex, and to limit such exceptions to a minimum. Any future exception by either Party shall not apply to investment existing in that sector or matter at the time the exception becomes effective. (Article II (1) (b)). The Parties understand that the term "regulations" in Article II (1) (b) includes, where appropriate, the provisions of a treaty to which one of the Parties has adhered. (Paragraph 1 of the Protocol).