その他令和8年7月3日
第16条（一般及び安全保障上の例外）
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(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 Territory 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 the 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) bankruptcy, insolvency or the protection of the rights of creditors;
(b) dealing, trading or dealing in securities, futures, options or derivatives;
(c) criminal or penal offences;
(d) reporting or record keeping of transfers of currency or other monetary
instruments when necessary to assist law enforcement or financial
regulatory authorities;
(e) ensuring compliance with orders or judgements in adjudicatory
proceedings; or
(f) ensuring compliance with payment of taxes and levies.
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 Territory 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 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:
(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
(lii) safety; or
(d) imposed for the protection of national treasures of artistic, historic or
archaeological value.
2. Subject to paragraph 4 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
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 17
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 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 18
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
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