その他令和8年7月3日
代位権及び移転に関する規定（第14条）
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Article 14
Subrogation
If a Contracting Party or its designated agency makes a payment to any investor
of that Contracting Party under an indemnity, guarantee or insurance contract, pertaining
to an investment of such investor in the Area of the other Contracting Party, the latter
Contracting Party shall recognise the assignment to the former Contracting Party or its
designated agency of any right or claim of such investor on account of which such
payment is made and shall recognise the right of the former Contracting Party or its
designated agency to exercise by virtue of subrogation any such right or claim to the same
extent as the original right or claim of the investor. As regards payment to be made to
that former Contracting Party or its designated agency by virtue of such assignment of
right or claim and the transfer of such payment, the provisions of Articles 12, 13 and 15
shall apply mutatis mutandis.
Iransters
1. Each Contracting Party shall ensure that all transfers relating to investments in its
Area of an investor of the other Contracting Party may be freely made into and out of its
Area without delay. Such transfers shall include, in particular, though not exclusively:
(a) the initial capital and additional amounts to maintain or increase
investments;
(b) profits, interest, capital gains, dividends, royalties, fees or other current
incomes accruing from investments;
(c) payments made under a contract including loan payments in connection
with investments;
(d) proceeds of the total or partial sale or liquidation of investments;
(e) earnings and remuneration of personnel from abroad who work in
connection with investments in the Area of the former Contracting Party;
(f) payments made in accordance with Articles 12 and 13; and
(g) payments arising out of a dispute.
2. Each Contracting Party shall further ensure that such transfers may be made
without delay in freely usable currencies at the market exchange rate prevailing on the
date of transfer.
3. Notwithstanding paragraphs 1 and 2, a Contracting Party may delay or prevent a
transfer through the equitable, non-discriminatory and good-faith application of its laws
and regulations relating to:
(a) payment of taxes;
(b) bankruptcy, insolvency or the protection of the rights of creditors;
(c) issuing, trading or dealing in securities, futures, options or derivatives;
(d) offences;
(e) reporting or record keeping of transfers of currency or other monetary
instruments when necessary to assist law enforcement or financial
regulatory authorities; or
(f) ensuring compliance with orders or judgements in adjudicatory
proceedings.
Article 16
General and Security Exceptions
1. Subject to the requirement that such measures are not applied by a Contracting
Party in a manner which would constitute a means of arbitrary or unjustifiable
discrimination against, or a disguised restriction on investors of the other Contracting
Party and their investments in the Area of the former Contracting Party, nothing in this
Agreement shall be construed to prevent the former Contracting Party from adopting or
enforcing measures:
(a) necessary to protect human, animal or plant life or health;
(b) necessary to public morals or to main public order, provided
that the public order exception may only be invoked where a genuine and
sufficiently serious threat is posed to one of the fundamental interests of
society;
(c) necessary to secure compliance with the laws or regulations which are not
inconsistent with the provisions of this Agreement including those relating
to:
(i) the prevention of deceptive and fraudulent practices or to deal with
the effects of a default on contract;
(ii) the protection of the privacy of the individual in relation to the
processing and dissemination of personal data and the protection
of confidentiality of personal records and accounts; or
(iii) safety; or
(d) imposed for the protection of national treasures of artistic, historic or
archaeological value.
2. Subject to paragraph 3 of Article 13, nothing in this Agreement shall be construed
to prevent a Contracting Party from adopting or enforcing measures
(a) which it considers necessary for the protection of its essential security
nterests, including measures:
(i) taken in time of war, armed conflict, or other emergency in that
Contracting Party or in international relations; or
(ii) relating to the implementation of national policies or international
agreements respecting the non-proliferation of weapons; or
(b) in pursuance of its obligations under the United Nations Charter for the
maintenance of international peace and security.
3. Nothing in this Agreement shall be construed to require a Contracting Party to
furnish or allow access to any information the disclosure of which it determines to be
contrary to its essential security interests.
4. In cases where a Contracting Party takes any measure, pursuant to paragraph 2,
that does not conform with the obligations of the provisions of this Agreement, that
Contracting Party shall not use such measure as a means of avoiding its obligations.
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