Mock Text Of The Trans-Pacific Partnership Agreement ... - AFTINET

[(ii) transfers of proceeds of foreign direct investment by investors of the
United States, excluding external debt financing [covered in
subparagraph (d)(iii), and] 237 excluding investments designed with
the purpose of gaining direct or indirect access to the financial
market; or] 238
(iii) payments pursuant to a loan or bond, [Fn]239 [issued in a foreign
market, including inter- and intra-company debt financing between
affiliated enterprises made exclusively for the conduct, operation,
management, or expansion of such affiliated enterprises,] 240 , provided
that such payments are made in accordance with the terms and
conditions of the loan or bond agreement.] 241
[Fn: For greater certainty, the term “payments pursuant to a loan or bond” as used in this
subparagraph does not include capital account transactions relating to inter-bank loans,
including loans to or from [financial institutions established in the territory of the Party subject
to the claim] 242 [Singapore licensed banks, merchant banks or finance companies] 243 .] 244
[(e) If the measure restricts outward payments or transfers:
(i)
(ii)
(iii)
it shall not prevent investors from earning a market rate of
return in the territory of the Party imposing the measure on any
restricted assets;
the Party imposing the measure shall afford investors a
reasonable opportunity to mitigate any losses arising from such
measure; and
so long as the Party imposing the measure has complied with
its obligations under this paragraph, the claimant may not
recover any alleged opportunity costs or any similar
consequential or incidental damages from forgoing alternative
investments that were incurred during the first year after the
events that give rise to the claim. ] 245
[(g) Excluding restrictive measures referred to in paragraph 1(d), [Chile] 246
[Singapore] 247 shall incur no liability, and shall not be subject to claims, for
damages arising from its imposition of restrictive measures with regard to
payments and transfers that were incurred within one year from the date on
which the restrictions were imposed, provided that such restrictive measures do
not substantially impede transfers;] 248
237 ChUSFTA
238 ChUSFTA, SUSFTA
239 PUSFTA, SUSFTA
240 ChUSFTA, SUSFTA
241 PUSFTA
242 PUSFTA
243 SUSFTA
244 PUSFTA, SUSFTA
245 PUSFTA
246 ChUSFTA
247 SUSFTA
248 ChUSFTA, SUSFTA
32