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Investment Agreements in the Western Hemisphere: A Compendium

Bilateral Free Trade Agreements


IV. Transfers | A. Types of payment

Free Trade Agreement Between Bolivia and Mexico

Each Party shall permit all transfers relating to an investment of an investor of the other Party in its territory to be made freely and without delay. Such transfers include:

a) profits, dividends, interest, capital gains, royalty payments, management fees, technical assistance, returns in kind and other amounts derived from the investment; b) proceeds from the sale of all or any part of the investment; c) payments made under a contract entered into by the investor, or its investment, including payments made pursuant to a loan agreement; d) payments made pursuant to expropriation and compensation; and e) payments arising out of a dispute. (Article 15-08(1)).

Notwithstanding paragraphs 1 and 2 of Article 15-08, a Party may prevent a transfer through the equitable and non-discriminatory application of its laws relating to:

a) bankruptcy, insolvency or the protection of the rights of creditors; b) issuing, trading or dealing in securities; c) criminal or penal offenses; d) reports of transfers of currency or other monetary instruments; or e) ensuring the satisfaction of judgments in adjudicatory proceedings. (Article 15-08(3)).

Free Trade Agreement Between Costa Rica and Mexico

Each Party shall permit all transfers relating to an investment of an investor of the other Party in its territory to be made freely and without delay. Such transfers include:

a) profits, dividends, interest, capital gains, royalty payments, management fees, technical assistance, returns in kind and other amounts derived from the investment; b) proceeds from the sale of all or any part of the investment; c) payments made under a contract entered into by the investor, or its investment, including payments made pursuant to a loan agreement; d) payments made pursuant to expropriation and compensation; and e) payments arising out of a dispute. (Article 13-09(1)).

Notwithstanding paragraphs 1 and 2 of Article 13-09, a Party may prevent a transfer through the equitable and non-discriminatory application of its laws relating to:

a) bankruptcy, insolvency or the protection of the rights of creditors; b) issuing, trading or dealing in securities; c) criminal or penal offenses; d) reports of transfers of currency or other monetary instruments; e) ensuring the satisfaction of judgments in adjudicatory proceedings; and f) establishment of the instruments or mechanisms necessary to ensure the payment of taxes on income by such means as the retention of dividends or other charges (Article 13-09(3)).

Free Trade Agreement Between Canada and Chile

Except as provided in Annex G-09.1, each Party shall permit all transfers relating to an investment of an investor of the other Party in the territory of the Party to be made freely and without delay. Such transfers include:

a) profits, dividends, interest, capital gains, royalty payments, management fees, technical assistance and other fees, returns in kind and other amounts derived from the investment;
b) proceeds from the sale of all or any part of the investment or from the partial or complete liquidation of the investment;
c) payments made under a contract entered into by the investor, or its investment, including payments made pursuant to a loan agreement;
d) payments made pursuant to Article G-10; and
e) payments arising under Section II. (Article G-09(1)).

For the purpose of preserving the stability of its currency, Chile reserves the right:

Where Chile proposes to adopt a measure referred to in paragraph 1(c), Chile shall, to the extent practicable:

(a) provide in advance to Canada the reasons for the proposed adoption of the measure as well as any relevant information in relation to the measure; and
(b) provide Canada with a reasonable opportunity to comment on the proposed measure. (Annex G-09.1(2)).

A measure that is consistent with this Annex but inconsistent with Article G-02, shall be deemed not to contravene Article G-02 provided that, as required under existing Chilean law, it does not discriminate among investors that enter into transactions of the same nature. (Annex G-09.1(3)).

This Annex applies to Law 18.840, to the Decree Law 600 of 1974 (ADecreto Ley 600 de 1974") to Law 18.657 and any other law establishing a future special voluntary investment program consistent with sub-paragraph 1(c)(iii) and to the continuation or prompt renewal of such laws, and to amendments to those laws, to the extent that any such amendment does not decrease the conformity of the amended law with Article G-09(1) as it existed immediately before the amendment. (Annex G-09.1(4)).

Neither Party may require its investors to transfer, or penalize its investors that fail to transfer, the income, earnings, profits or other amounts derived from, or attributable to, investments in the territory of the other Party. (Article G-09(3)).

Paragraph 3 shall not be construed to prevent a Party from imposing any measure through the equitable, non-discriminatory and good faith application of its laws relating to the matters set out in subparagraphs (a) through (e) of paragraph 4. (Article G-09(5)).

Notwithstanding paragraph 1, a Party may restrict transfers of returns in kind in circumstances where it could otherwise restrict such transfers under this Agreement, including as set out in paragraph 4. (Article G-09(6)).

 
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