Page:United States Statutes at Large Volume 115 Part 3.djvu/700

 115 STAT. 2774 PROCLAMATION 7449—JUNE 8, 2001 enforcenwm of an arbitral award issued in iis territory shall be governed by its national law In any proceeding involving an investment dispute, a Party shall not assert, as a defense, counterclaim, right of set-off, or for any other reason, that indemnification or other compensation for all or part of the alleged damages has been received or will be received pursuant to an insurance or guarantee contraa. For the purposes of this Article and of Article 2S(2)(b) of the ICSID Convention with respect to a covered investment, a company of a Party that, inunediately before the occurrence of the event or events giving rise to an investment dispute, was a covered investment, shall be treated as a company of the other Party. Article 5 Transparency Each Party shall ensure that its taws, regulations and administrative procedures of general application that pertain to or affect investments, investment agreements, and investment authorizations are promptly published or othervtrise made publicly available. Article 6 Special Formalities This Chapter shall not preclude a Party from prescribing special formalities in connection with covered investments, such as a requirement that such investments be legally constituted under the laws and regulations of that Party, or a requirement that transfers of currency or other monetary instruments be reported, provided that such formalities shall not impair the substance of any of the rights set forth in this Chapter, Annex H, the exchanged letters on Investment Licensing Regime, and, with respect to a covered investment. Articles 1 and 4 of Chapter VII Articl e 7 Technology Transfer Neither Party shall mandate or enforce, as a condition for the establishment, acquisition, expansion, management, conduct or operation of a covered investment, any requirement (including any commitment or undertaking in connection with the receipt of a government permission or authorization) to transfer technology, a production process or other proprietary knowledge except 1 when applying generally applicable environmental laws that are consistent with the -48- "i

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