その他令和8年7月3日
収用と補償に関する規定（協定条文）
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3. Paragraphs 1 and 2 shall not be construed to oblige either Contracting Party to
disclose confidential information, the disclosure of which would impede law enforcement
or otherwise be contrary to the public interest, or which would prejudice privacy or
legitimate commercial interests.
Article9
Public Comment Procedures
Each Contracting Party shall, in accordance with its laws and regulations.
endeavour to provide, except in cases of emergency or of purely minor nature, a
reasonable opportunity for comments by the public before the adoption, amendment or
repeal of regulations of general application that affect any matter covered by this
Agreement.
Article 10
Measures against Corruption
Each Contracting Party shall ensure that measures and efforts are undertaken to
prevent and combat corruption regarding matters covered by this Agreement :0.0
accordance with its laws and regulations
Article 11
Entry, Sojourn and Residence of Investors
Each Contracting Party shall, in accordance with its laws and regulations, give
sympathetic consideration to applications for entry, sojourn and residence of a natural
person having the nationality of the other Contracting Party as well as personnel
employed by, and an executive, a manager and a member of the board of directors of, an
enterprise of the other Contracting Party, who wish to enter the territory of the former
Contracting Party and remain therein for the purpose of investment activities.
Article 12
Expropriation and Compensation
1. Neither Contracting Party shall expropriate or nationalise an investment in its
Area of an investor of the other Contracting Party or take any measure equivalent to
expropriation or nationalisation (hereinafter referred to as "expropriation") except:
(a) public public purpose;
(b) in a non-discriminatory manner;
(c) upon payment of prompt, adequate and effective compensation in
accordance with paragraphs 2 through 5; and
(d) in accordance with due process of law.
2. The compensation shall be equivalent to the fair market value of the expropriated
investments at the time when the expropriation was publicly announced or when the
expropriation occurred, whichever is earlier. The fair market value shall not reflect any
change in value occurring because the expropriation had become publicly known earlier.
3. The compensation shall be paid without delay, shall include interest at a
commercially reasonable rate accrued from the date of expropriation until the date of
payment and shall be effectively realisable and freely transferable.
4. If payment is made in a freely usable currency, the compensation paid shall
include interest, at a commercially reasonable rate for that currency, accrued from the
date of expropriation until the date of payment.
5. If a Contracting Party elects to pay in a currency other than a freely usable
currency, the compensation paid shall be no less than the sum of the following converted
into the currency of payment at the market rate of exchange prevailing on the date of
payment:
(a) the fair market value on the date of expropriation, converted into a freely
usable currency at the market rate of exchange prevailing on that date; and
(b) interest, at a commercially reasonable rate for that freely usable currency
accrued from the date of expropriation until the date of payment
6. This Article does not apply to the issuance of compulsory licences granted 0.0
relation to intellectual property rights in accordance with the TRIPS Agreement, or to the
revocation, limitation or creation of intellectual property rights, to the extent that such
issuance, revocation, limitation or creation is consistent with the TRIPS Agreement.
Article 13
Protection from Strife
1. Each Contracting Party shall accord to investors of the other Contracting Party
that have suffered loss or damage relating to their investments in the Area of the former
Contracting Party due to armed conflict or a state of emergency such as revolution,
insurrection, civil disturbance or any other similar event in the Area of that former
Contracting Party, treatment, as regards restitution, indemnification, compensation or any
other settlement, that is no less favourable than the treatment it accords to its own
investors or to investors of a non-Contracting Party, whichever is more favourable to the
investors of the other Contracting Party.
2. Any payment as a means of settlement referred to in paragraph 1 shall be
effectively realisable, freely transferable and freely convertible at the market exchange
rate into freely usable currencies.
3. Neither Contracting Party shall be derogated from its obligation under paragraph
1 by reason of its measures taken pursuant to paragraph 2 of Article 16.
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.
Article 15
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 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) issuing, trading or dealing in securities, futures, options or derivatives;
(c) criminal offenal offences;
(d) reporting of transfers of currency others of currency or other monetary
instruments when necessary to assist law enforcement or financial
regulatory authorities; or
(e) 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 protect public morals or to maintain 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
(lii) 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
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 to the implementation of national policies or international
agreements respecting the non-proliferation of weapons; of
(b) in pursuance of its obligations under the United Nations Charter for the
maintenance of international peace and security.
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