6
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(b) destruction of all or part of such investments by the Party's forces or authorities that was not required by the necessity of the situation.
ARTICLE V
1. Each Party shall permit all transfers relating to a covered invest~ent to be made freely and without delay into and out of its territory. Such transfers include:
(a) contributions to capital;
(b) profits, dividends, capital gains, and proceeds from the sale of all or any part of the investment or from the partial or complete liquidation of the investment;
(c) interest, royalty payments, management fees, and
technical assistance and other fees;
(d) payments made under a contract, including a loan
agreement; and
(e) compensation pursuant to Articles III and IV, and
payments arising out of an investment dispute.
2. Each Party shall permit transfers to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer. 3. Each Party shall permit returns in kind to be made as authorized or specified in an investment authorization, investment agreement, or other written agreement between the Party and a covered investment or a national or company of the other Party. 4. Notwithstanding paragraphs 1 through 3, a Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to:
(a) bankruptcy, insolvency or the protection of the
rights of creditors;
(b) issuing, trading or dealing in securities;
(c) criminal or penal offenses; or
(d) ensuring compliance with orders or jUdgments in
adjudicatory proceedings.
VerDate 11-MAY-2000 10:13 May 25, 2000 Jkt 079118 PO 00000 Frm 00022 Fmt 6633 Sfmt 6633 E:\HR\OC\TD027.XXX pfrm08 PsN: TD027
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