その他令和8年7月3日
一般および安全保障例外（第15条）
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Article 15
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
entorcing measures:
(a) necessary to protect human, animal or plant life or health;
(b) necessary to protect public morals or to maintain public order, provided
that the public order exception may only be invoked where a genuine anc
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:
(1) 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 12, 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
interests, including measures:
(i) taken in time of war, armed conflict, or other emergency in that
Contracting Party or in international relations; or
(ii) relating 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.
Article 16
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 14 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 :0.0
paragraph 1y.
(d) be temporary and be phased out progressively as the situation specified in
paragraph 1 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
Article 17
Prudential Measures
1. Notwithstanding any other provisions of this Agreement, a Contracting Party shall
not be prevented from taking measures relating to financial services for prudential reasons
including measures for the protection of investors, depositors, policy holders or persons
to whom a fiduciary duty is owed by an enterprise supplying financial services, or to
ensure the integrity and stability of its financial system.
2. Where the measures taken by a Contracting Party pursuant to paragraph 1 do not
conform with this Agreement, they shall not be used as a means of avoiding the
obligations of the Contracting Party under this Agreement
Article 18
Intellectual Property Rights
1. The Contracting Parties shall grant and ensure the adequate and effective
protection of intellectual property rights, and promote efficiency and transparency in
intellectual property protection system. For this purpose, the Contracting Parties shall
promptly consult with each other at the request of either Contracting Party. Depending
on the results of the consultation, each Contracting Party shall, in accordance with its laws
and regulations, take appropriate measures to remove the factors which are recognised as
having adverse effects to the investments of investors of the other Contracting Party.
2. Nothing in this Agreement shall affect the rights and obligations of the
Contracting Parties under multilateral agreements in respect of protection of intellectual
property rights to which the Contracting Parties are parties.
3. Nothing in this Agreement shall be construed to oblige either Contracting Party to
extend to investors of the other Contracting Party and to their investments treatment
accorded to investors of a non-Contracting Party and to their investments by virtue of
multilateral agreements in respect of protection of intellectual property rights, to which
the former Contracting Party is a party.
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