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 competitive laws; or f) to carry out a particular type, level or percentage of research and development in the Party's territory. (Article VI (1)). Nothing in Article VI (1) shall preclude a Party from providing benefits and incentives conditioned upon such requirements. (Article VI (2)).
Subject to its laws relating to the entry, sojourn and employment 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 the paragraph 1 (a), require a labor certification test or other procedures of similar effect, or apply any numerical restriction. (Article VII (1) (b)). 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)). Each Party shall provide effective means of asserting and enforcing rights with respect to covered investments. (Article II (4)). A Party's obligations under this Treaty shall apply to a state enterprise in the exercise of any regulatory, administrative or other governmental authority delegated to it by that Party. (Article XV (2)).