暫定的な保護措置に関する規定
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Temporary Safeguard Measures
1. A Contracting Party may adopt or maintain restrictive measures with regard to
cross-border capital transactions as well as payments or transfers including transfers
referred to in Article 15 for transactions related to investments:
(a) in the event of serious balance-of-payments and external financial
difficulties or threat thereof; or
(b) in exceptional cases where movements of capital cause or threaten to cause
serious difficulties for macroeconomic management, in particular
monetary and exchange rate policies.
2. Restrictive measures referred to in paragraph 1 shall:
(a) be applied in such a manner that the other Contracting Party is treated no
less favourably than any non-Contracting Party;
(b) be consistent with the Articles of Agreement of the International Monetary
Fund:
(c) not exceed those necessary to deal with the circumstances set out in
paragraph 1v.
(d) be temporary and be phased out progressively as the situation specified in
paragraph I improves;
(e) be promptly notified to the other Contracting Party; and
(f) avoid unnecessary damages to the commercial, economic and financial
interests of the other Contracting Party.
3. The Contracting Party which has adopted any measures under paragraph 1 shall,
upon request, commence consultations with the other Contracting Party in order to review
the restrictions adopted by the former Contracting Party.