4. National Treatment
Yes. Article II on treatment requires the better of national treatment or most-favored-nation treatment with respect to both pre-establishment and post-establishment investments. Each Party shall permit and treat investment, and activities associated therewith, on a basis no less favorable than that accorded in like situations to investment or associated activities of its own nationals or companies, or of nationals or companies of any third country, 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 Protocol of this Treaty. 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 Protocol. Moreover, each Party agrees to notify the other of any future exception with respect to the sectors or matters listed in the Protocol, 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. The treatment accorded pursuant to any exceptions shall, unless specified otherwise in the Protocol, be not less favorable than that accorded in like situations to investments and associated activities of nationals or companies of any third country. (Article II (1)). Nothing in this Treaty shall be construed to prevent a Party from maintaining or establishing a state enterprise. (Article II (2) (a)). Each Party shall ensure that any state enterprise that it maintains or establishes accords the better of national or most-favored-nation treatment in the sale of its goods or services in the Party's territory. (Article II (2) (c)). The treatment accorded by the United States to investments and associated activities of nationals and companies of Ecuador 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 (9)).
5. Most-Favored-Nation Treatment
Yes. Article II on treatment requires the better of national treatment or most-favored-nation treatment with respect to both pre-establishment and post-establishment investments. Each Party shall permit and treat investment, and activities associated therewith, on a basis no less favorable than that accorded in like situations to investment or associated activities of its own nationals or companies, or of nationals or companies of any third country, 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 Protocol of this Treaty. 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 Protocol. Moreover, each Party agrees to notify the other of any future exception with respect to the sectors or matters listed in the Protocol, 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. The treatment accorded pursuant to any exceptions shall, unless specified otherwise in the Protocol, be not less favorable than that accorded in like situations to investments and associated activities of nationals or companies of any third country. (Article II (1)). Nothing in this Treaty shall be construed to prevent a Party from maintaining or establishing a state enterprise. (Article II (2) (a)). Each Party shall ensure that any state enterprise that it maintains or establishes accords the better of national or most-favored-nation treatment in the sale of its goods or services in the Party's territory. (Article II (2) (c)).