Zakon o potvrđivanju Sporazuma između Republike Srbije i Japana o podsticanju i zaštiti ulaganja
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Na snazi
Prikazana Verzija
Nema dostupnih verzija
Opšte Informacije
Donosilac
Narodna skupština Republike Srbije
Član Article 7 Zakon o potvrđivanju Sporazuma između Republike Srbije i Japana o podsticanju i zaštiti ulaganja – Prohibition of Performance Requirements
1. Neither Contracting Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with investment activities of an investor of a Contracting Party or of a non-Contracting Party in its Area:
a)
to export a given level or percentage of goods or services;
b)
to achieve a given level or percentage of domestic content;
c)
to purchase, use or accord a preference to goods produced or services provided in its Area, or to purchase goods or services from a natural person or an enterprise in its Area;
d)
to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with an investment of the investor;
e)
to restrict sales of goods or services in its Area that an investment of the investor produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;
f)
to restrict the exportation or sale for export;
g)
to transfer technology, a production process or other proprietary knowledge to a natural person or an enterprise in its Area;
h)
to locate the headquarters of the investor for a specific region or the world market in its Area;
i)
to hire a given number or percentage of its nationals;
j)
to achieve a given level or value of research and development in its Area; or
k)
to supply one or more of the goods that the investor produces or the services that the investor provides to a specific region or the world market, exclusively from its Area.
2. Neither Contracting Party may condition the receipt or continued receipt of an advantage, in connection with investment activities of an investor of a Contracting Party or of a non-Contracting Party in its Area, on compliance with any of the following requirements:
a)
to achieve a given level or percentage of domestic content;
b)
to purchase, use or accord a preference to goods produced in its Area, or to purchase goods from a natural person or an enterprise in its Area;
c)
to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with an investment of the investor;
d)
to restrict sales of goods or services in its Area that an investment of the investor produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; or
shall be construed to prevent a Contracting Party from conditioning the receipt or continued receipt of an advantage, in connection with investment activities of an investor of a Contracting Party or of a non-Contracting Party in its Area, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its Area.
b)
Subparagraph 1(g) shall not apply when the requirement is imposed or the commitment or undertaking is enforced by a court of justice, administrative tribunal or competition authority to remedy an alleged violation of competition laws.
c)
Subparagraph 1(g) shall not apply when the requirement concerns the transfer of intellectual property rights which is undertaken in a manner not inconsistent with the TRIPS Agreement.
d)
Subparagraphs 2(a) and 2(b) shall not apply to requirements imposed by an importing Contracting Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.
4. shall not apply to any requirement other than the requirements set out in those paragraphs.