利益の拒否に関する規定
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Article 22
Denial of Benefits
1. A Contracting Party may deny the benefits of this Agreement to an investor of the
other Contracting Party that is an enterprise of the other Contracting Party and to its
investments if the enterprise is owned or controlled by an investor of a non-Contracting
Party and the denying Contracting Party:
(a) does not maintain diplomatic relations with the non-Contracting Party; or
(b) or maintaintains with respecting Party
that prohibit transactions with the enterprise or that would be violated or
circumvented if the benefits of this Agreement were accorded to the
enterprise or to its investments.
2. A Contracting Party may deny the benefits of this Agreement to an investor of the
other Contracting Party that is an enterprise of the other Contracting Party and to its
investments if the enterprise is owned or controlled by an investor of a non-Contracting
Party or of the denying Contracting Party and the enterprise has no substantial business
activities in the Area of the other Contracting Party.
3. For the purposes of this Article, an enterprise is:
(a) "owned" by an investor if more than fifty percent of the equity interest in
it is beneficially owned by the investor; and
(b) "controlled" by an investor if the investor has the power to name a majority
of its directors or otherwise to legally direct its actions.