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Article 8.19: Payments and Transfers
1. Except under the circumstances envisaged in Article 17.15
(Measures to Safeguard the Balance of Payments), a Party shall
not apply restrictions on international transfers or payments for
current transactions relating to its commitments.
2. Nothing in this Chapter shall affect the rights and obligations of a
Party as a member of the IMF under the IMF Articles of
Agreement, as may be amended, including the use of exchange
actions which are in conformity with the IMF Articles of
Agreement, as may be amended, provided that the Party shall not
impose restrictions on any capital transaction inconsistently with
its commitments under this Chapter regarding such transactions,
except under Article 17.15 (Measures to Safeguard the Balance
of Payments) or on request of the IMF.
Article 8.20: Denial of Benefits
1. A Party may deny the benefits of this Chapter:
(a) to the supply of any service, if it establishes that the service
is supplied from or in the territory of a non-Party;
(b) to a service supplier that is a juridical person, if it
establishes that it is not a service supplier of another Party;
(c) in the case of the supply of a maritime transport service, if
it establishes that the service is supplied:
(i) by a vessel registered under the laws and
regulations of a non-Party; and
(ii) by a person of a non-Party which operates or uses
the vessel in whole or in part.
2. A Party may deny the benefit of this Chapter to a service supplier
of another Party, if the service supplier is a juridical person owned
or controlled by persons of a non-Party, and the denying Party
adopts or maintains measures with respect to the non-Party or a
person of the non-Party that prohibit transactions with the juridical
person or that would be violated or circumvented if the benefits of
this Chapter were accorded to the juridical person.
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