Common use of Non-Conforming Measures Clause in Contracts

Non-Conforming Measures. 1. Articles 3 (National Treatment), 4 (Most-Favoured-Nation Treatment), 5 (Market Access for Financial Institutions), 6 (Cross- Border Trade) and 9 (Senior Management and Boards of Directors) shall not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 6; (ii) a regional level of government, as set out by that Party in Section A of its Schedule to Annex 6; or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure as it existed: (i) immediately before the amendment, with Articles 3 (National Treatment), 4 (Most-Favoured-Nation Treatment), 5 (Market Access for Financial Institutions) or 9 (Senior Management and Boards of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade). 2. Articles 3 (National Treatment), 4 (Most-Favoured-Nation Treatment), 5 (Market Access for Financial Institutions), 6 (Cross- Border Trade) and 9 (Senior Management and Boards of Directors) shall not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out by that Party in Section B of its Schedule to Annex 6. 3. A non-conforming measure, set out in a Party's Schedule to Annex 4-I or 4-II as not subject to Articles 4 (National Treatment) or 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) or 8 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as a non-conforming measure not subject to Articles 3 (National Treatment), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards of Directors), as the case may be, to the extent that the measure, sector, subsector or activity set out in the entry is covered by this Chapter. (a) Article 3 (National Treatment) shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by Article 3 of the TRIPS Agreement. (b) Article 4 (Most-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or an exception to, or derogation from, the obligations which are imposed by Article 4 of the TRIPS Agreement.

Non-Conforming Measures. 1. Articles 3 ([National Treatment)], 4 ([Most-FavouredFavored-Nation Treatment)], 5 (Market Access for Financial Institutions)8 [Performance Requirements], 6 (Cross- Border Trade) and 9 ([Senior Management and Boards of Directors) shall ] do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 6;I, (ii) a regional level of government, as set out by that Party in Section A of its Schedule to Annex 6; I, or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) existed immediately before the amendment, with Articles 3 ([National Treatment)], 4 ([Most-FavouredFavored-Nation Treatment)], 5 (Market Access for Financial Institutions) 8 [Performance Requirements], or 9 ([Senior Management and Boards of Directors); or (ii) on ]. 11 For the date United States, “statutes or regulations” for purposes of entry into force this Article means an act of the Agreement for U.S. Congress or regulation promulgated pursuant to an act of the Party applying U.S. Congress that is enforceable by action of the non-conforming measure, with Article 6 (Cross- Border Trade)federal government. 2. Articles 3 ([National Treatment)], 4 ([Most-FavouredFavored-Nation Treatment)], 5 (Market Access for Financial Institutions)8 [Performance Requirements], 6 (Cross- Border Trade) and 9 ([Senior Management and Boards of Directors) shall ] do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors subsectors, or activities, as set out by that Party in Section B of its Schedule to Annex 6II. 3. A non-conforming measureNeither Party may, set out in a Party's under any measure adopted after the date of entry into force of this Treaty and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4-I or 4-II as not subject to . Articles 4 (3 [National Treatment) or 5 (] and 4 [Most-FavouredFavored-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) or 8 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as a non-conforming measure not subject to Articles 3 (National Treatment), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards of Directors), as the case may be, to the extent that the measure, sector, subsector or activity set out in the entry is covered by this Chapter. (a) Article 3 (National Treatment) shall ] do not apply to any measure that falls within covered by an exception to, or derogation from, the obligations which are imposed by under Articles 3 or 4 of the TRIPS Agreement, as specifically provided in those Articles and in Article 3 5 of the TRIPS Agreement. 5. Articles 3 [National Treatment], 4 [Most-Favored-Nation Treatment], and 9 [Senior Management and Boards of Directors] do not apply to: (a) government procurement; or (b) Article 4 (Mostsubsidies or grants provided by a Party, including government-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreementsupported loans, or an exception toguarantees, or derogation from, the obligations which are imposed by Article 4 of the TRIPS Agreementand insurance.

Non-Conforming Measures. 1. Articles 3 Article 6 (National Treatment), 4 Article 7 (Most-Favoured-Nation Treatment), 5 Article 8 (Market Access for Financial InstitutionsAccess), 6 Article 9 (Cross- Border Trade) Local Presence), and 9 Article 10 (Senior Management and Boards Board of Directors) shall do not apply to: (a) any existing non-conforming measure that is maintained by a Party Member State at: (i) the central level of governmentGovernment, as set out by that Party in Section A of its Schedule to of Non-Conforming Measures in Annex 6I; (ii) a regional level of government, as set out by that Party in Section A of its Schedule to of Non-Conforming Measures in Annex 6I; or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) existed immediately before the amendmentdate of entry into force of each Member State’s Schedule of Non-Conforming Measures, with Articles 3 (Article 6 National Treatment), 4 Article 7 (Most-Favoured-Nation Treatment), 5 Article 8 (Market Access for Financial Institutions) or Access), Article 9 (Local Presence), and Article 10 (Senior Management and Boards Board of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade). 2. Articles 3 (National Article 6(National Treatment), 4 Article 7 (Most-Favoured-Nation Treatment), 5 Article 8 (Market Access for Financial InstitutionsAccess), 6 Article 9 (Cross- Border Trade) Local Presence), and 9 Article 10 (Senior Management and Boards Board of Directors) shall do not apply to any measure that a Party Member State adopts or maintains with respect to sectors, subsectors or activities, as set out by that Party in Section B of its Schedule to of Non-Conforming Measures in Annex 6II. 3. A Schedules of Non-Conforming Measures, as set out in Annexes I and II, as annexed to this Agreement shall form an integral part thereof. 4. Member States shall commence discussions upon entry into force of this Agreement to apply the principle whereby an amendment to any non-conforming measure referred to in subparagraph 1(a), to the extent that the amendment does not decrease the conformity of the measure, set out in a Party's Schedule to Annex 4-I or 4-II as not subject to Articles 4 it existed immediately before the amendment, with Article 6 (National Treatment) or 5 ), Article 7 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 Article 8 (Most-Favoured-Nation Treatment) or 8 Market Access), Article 9 (Local Presence), and Article 10 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as a non-conforming measure not subject to Articles 3 (National Treatment), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards Board of Directors), as . The outcome of the case may be, to the extent that the measure, sector, subsector or activity set out in discussions shall be implemented at the entry is covered by this Chapterinto force of Schedule of Non-Conforming Measures of each Member State. (a) Article 3 (National Treatment) shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by Article 3 of the TRIPS Agreement. (b) Article 4 (Most-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or an exception to, or derogation from, the obligations which are imposed by Article 4 of the TRIPS Agreement.

Non-Conforming Measures. 1. Articles 3 ([National Treatment)], 4 ([Most-FavouredFavored-Nation Treatment)], 5 (Market Access for Financial Institutions)8 [Performance Requirements], 6 (Cross- Border Trade) and 9 ([Senior Management and Boards of Directors) shall ] do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 6;I or ▇▇▇▇▇ ▇▇▇, (ii) a regional level of government, as set out by that Party in Section A of its Schedule to Annex 6; orI or Annex III, or 13 For the United States, “statutes or regulations” for purposes of this Article means an act of the United States Congress or regulations promulgated pursuant to an act of the United States Congress that is enforceable by action of the central level of government. (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) existed immediately before the amendment, with Articles Article 3 ([National Treatment)], 4 ([Most-FavouredFavored-Nation Treatment)], 5 (Market Access for Financial Institutions) 8 [Performance Requirements], or 9 ([Senior Management and Boards of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade)]. 2. Articles 3 ([National Treatment)], 4 ([Most-FavouredFavored-Nation Treatment)], 5 (Market Access for Financial Institutions)8 [Performance Requirements], 6 (Cross- Border Trade) and 9 ([Senior Management and Boards of Directors) shall ] do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors subsectors, or activities, as set out by that Party in Section B of its Schedule to Annex 6II. 3. A non-conforming measureNeither Party may, set out in a Party's under any measure adopted after the date of entry into force of this Treaty and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4-I or 4-II as not subject to . Articles 4 (3 [National Treatment) or 5 (] and 4 [Most-FavouredFavored-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) or 8 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as a non-conforming measure not subject to Articles 3 (National Treatment), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards of Directors), as the case may be, to the extent that the measure, sector, subsector or activity set out in the entry is covered by this Chapter. (a) Article 3 (National Treatment) shall ] do not apply to any measure that falls within covered by an exception to, or derogation from, the obligations which are imposed by under Article 3 or 4 of the TRIPS Agreement, as specifically provided in those Articles and in Article 5 of the TRIPS Agreement. 5. Articles 3 [National Treatment], 4 [Most-Favored-Nation Treatment], and 9 [Senior Management and Boards of Directors] do not apply to: (a) government procurement; or (b) Article 4 (Mostsubsidies or grants provided by a Party, including government-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreementsupported loans, or an exception toguarantees, or derogation from, the obligations which are imposed by Article 4 of the TRIPS Agreementand insurance.

Non-Conforming Measures. 1. Articles 3 Article 6 (National Treatment), 4 Article 7 (Most-Favoured-Favoured- Nation Treatment), 5 Article 8 (Market Access for Financial InstitutionsAccess), 6 Article 9 (Cross- Border Trade) Local Presence), and 9 Article 10 (Senior Management and Boards Board of Directors) shall do not apply to: (a) any existing non-conforming measure that is maintained by a Party Member State at: (i) the central level of governmentGovernment, as set out by that Party in Section A of its Schedule to of Non-Conforming Measures in Annex 6I; (ii) a regional level of government, as set out by that Party in Section A of its Schedule to of Non-Conforming Measures in Annex 6I; or (iii) a local level of government; (b) the continuation or prompt renewal of any non-non- conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) existed immediately before the amendmentdate of entry into force of each Member State’s Schedule of Non-Conforming Measures, with Articles 3 (Article 6 National Treatment), 4 Article 7 (Most-Favoured-Nation Treatment), 5 Article 8 (Market Access for Financial Institutions) or Access), Article 9 (Local Presence), and Article 10 (Senior Management and Boards Board of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade). 2. Articles 3 (National Article 6(National Treatment), 4 Article 7 (Most-Favoured-Favoured- Nation Treatment), 5 Article 8 (Market Access for Financial InstitutionsAccess), 6 Article 9 (Cross- Border Trade) Local Presence), and 9 Article 10 (Senior Management and Boards Board of Directors) shall do not apply to any measure that a Party Member State adopts or maintains with respect to sectors, subsectors or activities, as set out by that Party in Section B of its Schedule to of Non-Conforming Measures in Annex 6II. 3. A Schedules of Non-Conforming Measures, as set out in Annexes I and II, as annexed to this Agreement shall form an integral part thereof. 4. Member States shall commence discussions upon entry into force of this Agreement to apply the principle whereby an amendment to any non-conforming measure referred to in subparagraph 1(a), to the extent that the amendment does not decrease the conformity of the measure, set out in a Party's Schedule to Annex 4-I or 4-II as not subject to Articles 4 it existed immediately before the amendment, with Article 6 (National Treatment) or 5 ), Article 7 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 Article 8 (Most-Favoured-Nation Treatment) or 8 Market Access), Article 9 (Local Presence), and Article 10 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as a non-conforming measure not subject to Articles 3 (National Treatment), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards Board of Directors), as . The outcome of the case may be, to the extent that the measure, sector, subsector or activity set out in discussions shall be implemented at the entry is covered by this Chapterinto force of Schedule of Non-Conforming Measures of each Member State. (a) Article 3 (National Treatment) shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by Article 3 of the TRIPS Agreement. (b) Article 4 (Most-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or an exception to, or derogation from, the obligations which are imposed by Article 4 of the TRIPS Agreement.

Non-Conforming Measures. 1. Articles 3 Article 8.3 (National Treatment), 4 Article 8.4 (Most-Favoured-Nation Treatment), 5 Article 8.5 (Market Access for Financial Institutions), 6 (Cross- Border TradeAccess) and 9 Article 8.6 (Senior Management and Boards of DirectorsLocal Presence) shall do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 6I; (ii) a regional level of government, as set out by that Party in Section A of its Schedule to Annex 6I; or (iii) a local level of government; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) ), to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) existed immediately before the amendment, with Articles 3 Article 8.3 (National Treatment), 4 Article 8.4 (Most- Favoured-Nation Treatment), Article 8.5 (Market Access) or Article 8.6 (Local Presence). 2. Article 8.3 (National Treatment), Article 8.4 (Most-Favoured-Nation Treatment), 5 Article 8.5 (Market Access for Financial Institutions) or 9 (Senior Management and Boards of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade). 2. Articles 3 (National Treatment), 4 (Most-Favoured-Nation Treatment), 5 (Market Access for Financial Institutions), 6 (Cross- Border TradeAccess) and 9 Article 8.6 (Senior Management and Boards of DirectorsLocal Presence) shall do not apply to any measure that of a Party adopts or maintains with respect to sectors, subsectors sub-sectors or activities, as set out by that Party in Section B of its Schedule to Annex 6▇▇▇▇▇ ▇▇. 3. A non-conforming measure, set out in If a Party's Schedule to Annex 4-I or 4-II as not subject to Articles 4 (National Treatment) or 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) or 8 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as Party considers that a non-conforming measure not subject applied by a regional level of government of the other Party, as referred to Articles 3 (National Treatmentin subparagraph 1(a)(ii), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards of Directors), as the case may be, creates a material impediment to the extent cross-border supply of services in relation to the former Party, it may request consultations with regard to that measure. The Parties shall enter into consultations with a view to exchanging information on the measure, sector, subsector or activity set out in the entry is covered by this Chapter. (a) Article 3 (National Treatment) shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by Article 3 operation of the TRIPS Agreementmeasure and to considering whether further steps are necessary and appropriate. (b) Article 4 (Most-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or an exception to, or derogation from, the obligations which are imposed by Article 4 of the TRIPS Agreement.

Non-Conforming Measures. 1. Articles 3 3.5 (National Treatment), 4 3.6 (Most-Favoured-Nation Treatment), 5 3.8 (Market Access for Financial Institutions), 6 (Cross- Border TradePerformance Requirements) and 9 3.9 (Senior Management and Boards Board of Directors) shall not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 6; (ii) a regional level of government, as set out by that Party in Section A of its Schedule to Annex 6; or (iii) a local level of governmentI; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) existed immediately before the amendment, with Articles 3 3.5 (National Treatment), 4 3.6 (Most-Favoured-Nation Treatment), 5 3.8 (Market Access for Financial InstitutionsPerformance Requirements) or 9 and 3.9 (Senior Management and Boards Board of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade). 2. Articles 3 3.5 (National Treatment), 4 3.6 (Most-Favoured-Nation Treatment), 5 3.8 (Market Access for Financial Institutions), 6 (Cross- Border TradePerformance Requirements) and 9 3.9 (Senior Management and Boards Board of Directors) shall not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors subsectors, or activities, as set out by that Party in Section B of its Schedule to Annex 6II. 3. A non-conforming measureNeither Party may, set out in a Party's under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4-I or 4-II as not subject to . Articles 4 3.5 (National Treatment) or 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) or 8 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as a non-conforming measure not subject to Articles 3 (National Treatment), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards of Directors), as the case may be, to the extent that the measure, sector, subsector or activity set out in the entry is covered by this Chapter. (a) Article 3 (National Treatment) shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by Article 3 of the TRIPS Agreement. (b) Article 4 3.6 (Most-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or is an exception to, or derogation from, the a Party's obligations which are imposed by Article 4 of under the TRIPS Agreement, as specifically provided for in that Agreement. 5. Articles 3.5 (National Treatment), 3.6 (Most-Favoured-Nation Treatment) and 3.9 (Senior Management and Board of Directors) shall not apply to government procurement.

Non-Conforming Measures. 1. Articles 3 3.5 (National Treatment), 4 ) and 3.6 (Most-Favoured-Nation Treatment), 5 (Market Access for Financial Institutions), 6 (Cross- Border Trade) and 9 (Senior Management and Boards of Directors) shall not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 6; 3 – 1 (ii) a regional level of government, as set out by that Party in Section A of its Schedule to Annex 6; or (iii) a local level of governmentNon-Conforming Measures); (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) existed immediately before the amendment, with Articles 3 3.5 (National Treatment) and 3.6 (Most- Favoured-Nation Treatment), 4 . 2. Articles 3.5 (National Treatment) and 3.6 (Most-Favoured-Nation Treatment), 5 (Market Access for Financial Institutions) or 9 (Senior Management and Boards of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade). 2. Articles 3 (National Treatment), 4 (Most-Favoured-Nation Treatment), 5 (Market Access for Financial Institutions), 6 (Cross- Border Trade) and 9 (Senior Management and Boards of Directors) shall not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors subsectors, or activities, as set out by that Party in Section B of its Schedule to Annex 63 – 2 (Non-Conforming Measures). 3. A non-conforming measureNeither Party shall, set out in a Party's under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex 3 – 2 (Non- Conforming Measures), require an investor of another Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4-I or 4-II as not subject to . Articles 4 3.5 (National Treatment) or 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) or 8 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as a non-conforming measure not subject to Articles 3 (National Treatment), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards of Directors), as the case may be, to the extent that the measure, sector, subsector or activity set out in the entry is covered by this Chapter. (a) Article 3 (National Treatment) shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by Article 3 of the TRIPS Agreement. (b) Article 4 3.6 (Most-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or is an exception to, or derogation from, a Party’s obligations under the obligations which are imposed by Article 4 Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement (hereinafter referred to as the “TRIPS Agreement”), as specifically provided for in that Agreement.

Non-Conforming Measures. 1. Articles 3 3.5 (National Treatment), 4 3.6 (Most-Favoured-Nation Treatment), 5 3.8 (Market Access for Financial Institutions), 6 (Cross- Border TradePerformance Requirements) and 9 3.9 (Senior Management and Boards Board of Directors) shall not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 6; (ii) a regional level of government, as set out by that Party in Section A of its Schedule to Annex 6; or (iii) a local level of governmentI; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) existed immediately before the amendment, with Articles 3 3.5 (National Treatment), 4 3.6 (Most-Favoured-Nation Treatment), 5 3.8 (Market Access for Financial InstitutionsPerformance Requirements) or 9 and 3.9 (Senior Management and Boards Board of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade). 2. Articles 3 3.5 (National Treatment), 4 3.6 (Most-Favoured-Nation Treatment), 5 3.8 (Market Access for Financial Institutions), 6 (Cross- Border TradePerformance Requirements) and 9 3.9 (Senior Management and Boards Board of Directors) shall not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors subsectors, or activities, as set out by that Party in Section B of its Schedule to Annex 6II. 3. A non-conforming measureNeither Party may, set out in a Party's under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4-I or 4-II as not subject to . Articles 4 3.5 (National Treatment) or 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) or 8 (Senior Management and Boards of Directors) of Chapter 8 (Investment) shall be treated as a non-conforming measure not subject to Articles 3 (National Treatment), 4 (Most-Favoured- Nation Treatment) or 9 (Senior Management and Boards of Directors), as the case may be, to the extent that the measure, sector, subsector or activity set out in the entry is covered by this Chapter. (a) Article 3 (National Treatment) shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by Article 3 of the TRIPS Agreement. (b) Article 4 3.6 (Most-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or is an exception to, or derogation from, the a Party’s obligations which are imposed by Article 4 of under the TRIPS Agreement, as specifically provided for in that Agreement. 5. Articles 3.5 (National Treatment), 3.6 (Most-Favoured-Nation Treatment) and 3.9 (Senior Management and Board of Directors) shall not apply to government procurement.

Non-Conforming Measures. 1. Articles 3 1.4 (National Treatment)) 12 , 4 1.5 (Most-FavouredFavored-Nation Treatment), 5 1.8 (Market Access for Financial InstitutionsPerformance Requirements), 6 (Cross- Border Trade) and 9 1.9 (Senior Management and Boards of Directors) shall not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section A of its Schedule to Annex 6; I; 12 For greater certainty, measures relating to qualification requirements and procedures, technical standards and licensing requirements which do not constitute a national treatment limitation within the meaning of Article 1.4 (iiNational Treatment) a regional level of government, as set out by that Party shall not be listed in Section A of its Schedule to Annex 6; or (iii) a local level of government;I. (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure measure, as it existed: (i) immediately before existed at the amendmentdate of the entry into force of this Agreement, with Articles 3 1.4 (National Treatment), 4 1.5 (Most-FavouredFavored-Nation Treatment), 5 1.8 (Market Access for Financial Institutions) or 9 Performance Requirements), and 1.9 (Senior Management and Boards of Directors); or (ii) on the date of entry into force of the Agreement for the Party applying the non-conforming measure, with Article 6 (Cross- Border Trade). 2. Articles 3 1.4 (National Treatment), 4 1.5 (Most-FavouredFavored-Nation Treatment), 5 1.8 (Market Access for Financial InstitutionsPerformance Requirements), 6 (Cross- Border Trade) and 9 1.9 (Senior Management and Boards of Directors) shall not apply to any measure measures that a Party adopts or maintains with respect to sectors, subsectors sub-sectors or activities, as set out by that Party in Section B of its Schedule to Annex 6II. 3. A non-conforming measureNeither Party may, set out in a Party's under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4-I or 4-II as not subject to Articles 4 (National Treatment) or 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade . Nothing in Services) or Articles 4 (National Treatment), 5 (Most-Favoured-Nation Treatment) or 8 (Senior Management and Boards of Directors) of Chapter 8 (Investment) this Agreement shall be treated construed so as a nonto derogate from rights and obligations under international agreements in respect of protection of intellectual property rights to which the Parties are party, including the WTO Agreement on Trade-conforming measure not subject to Articles 3 Related Aspects of Intellectual Property Rights (National Treatment), 4 (Most-Favoured- Nation TreatmentTRIPS) or 9 (Senior Management and Boards of Directors), as other treaties concluded under the case may be, to the extent that the measure, sector, subsector or activity set out in the entry is covered by this Chapter. (a) Article 3 (National Treatment) shall not apply to any measure that falls within an exception to, or derogation from, the obligations which are imposed by Article 3 auspices of the TRIPS AgreementWorld Intellectual Property Organization (WIPO). (b) Article 4 (Most-Favoured-Nation Treatment) shall not apply to any measure that falls within Article 5 of the TRIPS Agreement, or an exception to, or derogation from, the obligations which are imposed by Article 4 of the TRIPS Agreement.