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Paragraphs in "Energy Charter Treaty" coded as SOVR

Label Provision
Pre.12 MINDFUL of the rights and obligations of certain Contracting Parties which are also parties to the General Agreement on Tariffs and Trade and its Related Instruments;
Art.4.1x Nothing in this Treaty shall derogate, as between particular Contracting Parties which are parties to the GATT, from the provisions of the GATT and Related Instruments as they are applied between those Contracting Parties.
Art.5.1 1) A Contracting Party shall not apply any trade-related investment measure that is inconsistent with the provisions of article III or XI of the GATT; this shall be without prejudice to the Contracting Party's rights and obligations under the GATT and Related Instruments and Article 29.
Art.5.3 3) Nothing in paragraph 1) shall be construed to prevent a Contracting Party from applying the trade-related investment measures described in subparagraphs 2)a) and c) as a condition of eligibility for export promotion, foreign aid, government procurement or preferential tariff or quota programmes.
Art.6.6 6) Nothing in this Article shall require the provision of information by a Contracting Party contrary to its laws regarding disclosure of information, confidentiality or business secrecy.
Art.7.8 8) Nothing in this Article shall derogate from a Contracting Party's rights and obligations under international law including customary international law, existing bilateral or multilateral agreements, including rules concerning submarine cables and pipelines.
Art.8.1 1) The Contracting Parties agree to promote access to and transfer of energy technology on a commercial and non-discriminatory basis to assist effective trade in Energy Materials and Products and Investment and to implement the objectives of the Charter subject to their laws and regulations, and to the protection of Intellectual Property rights.
Art.9.4 4) Nothing in this Article shall prevent:
Art.9.4.a a) financial institutions from applying their own lending or underwriting practices based on market principles and prudential considerations; or
Art.9.4.b b) a Contracting Party from taking measures:
Art.9.4.b.i i) for prudential reasons, including the protection of Investors, consumers, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier, or
Art.9.4.b.ii ii) to ensure the integrity and stability of its financial system and capital markets.
Art.10.10 10) Notwithstanding any other provision of this Article, the treatment described in paragraphs 3) and 7) shall not apply to the protection of Intellectual Property; instead, the treatment shall be as specified in the corresponding provisions of the applicable international agreements for the protection of Intellectual Property rights to which the respective Contracting Parties are parties.
Art.15.1.a a) the assignment to the Indemnifying Party of all the rights and claims in respect of such Investment; and
Art.15.1.b b) the right of the Indemnifying Party to exercise all such rights and enforce such claims by virtue of subrogation.
Art.15.2.a a) the same treatment in respect of the rights and claims acquired by it by virtue of the assignment referred to in paragraph 1); and
Art.15.2.b b) the same payments due pursuant to those rights and claims,
Art.16.0x Where two or more Contracting Parties have entered into a prior international agreement, or enter into a subsequent international agreement, whose terms in either case concern the subject matter of Part III or V of this Treaty:
Art.16.1 1) nothing in Part III or V of this Treaty shall be construed to derogate from any provision of such terms of the other agreement or from any right to dispute resolution with respect thereto under that agreement; and
Art.16.2 2) nothing in such terms of the other agreement shall be construed to derogate from any provision of Part III or V of this Treaty or from any right to dispute resolution with respect thereto under this Treaty,
Art.17.0x Each Contracting Party reserves the right to deny the advantages of this Part to:
Art.17.1 1) a legal entity if citizens or nationals of a third state own or control such entity and if that entity has no substantial business activities in the Area of the Contracting Party in which it is organized; or
Art.17.2 2) an Investment, if the denying Contracting Party establishes that such Investment is an Investment of an Investor of a third state with or as to which the denying Contracting Party:
Art.17.2.a a) does not maintain a diplomatic relationship; or
Art.17.2.b b) adopts or maintains measures that:
Art.17.2.b.i i) prohibit transactions with Investors of that state; or
Art.17.2.b.ii ii) would be violated or circumvented if the benefits of this Part were accorded to Investors of that state or to their Investments.
Art.18.1 1) The Contracting Parties recognize state sovereignty and sovereign rights over energy resources. They reaffirm that these must be exercised in accordance with and subject to the rules of international law.
Art.18.2 2) Without affecting the objectives of promoting access to energy resources, and exploration and development thereof on a commercial basis, the Treaty shall in no way prejudice the rules in Contracting Parties governing the system of property ownership of energy resources.
Art.18.3 3) Each state continues to hold in particular the rights to decide the geographical areas within its Area to be made available for exploration and development of its energy resources, the optimalization of their recovery and the rate at which they may be depleted or otherwise exploited, to specify and enjoy any taxes, royalties or other financial payments payable by virtue of such exploration and exploitation, and to regulate the environmental and safety aspects of such exploration, development and reclamation within its Area, and to participate in such exploration and exploitation, inter alia , through direct participation by the government or through state enterprises.
Art.19.1.h h) encourage favourable conditions for the transfer and dissemination of such technologies consistent with the adequate and effective protection of Intellectual Property rights;
Art.21.1 1) Except as otherwise provided in this Article, nothing in this Treaty shall create rights or impose obligations with respect to Taxation Measures of the Contracting Parties. In the event of any inconsistency between this Article and any other provision of the Treaty, this Article shall prevail to the extent of the inconsistency.
Art.21.6 6) For the avoidance of doubt, Article 14 shall not limit the right of a Contracting Party to impose or collect a tax by withholding or other means.
Art.24.2.cx shall not preclude any Contracting Party from adopting or enforcing any measure
Art.24.3 3) The provisions of this Treaty other than those referred to in paragraph 1) shall not be construed to prevent any Contracting Party from taking any measure which it considers necessary:
Art.24.4 4) The provisions of this Treaty which accord most favoured nation treatment shall not oblige any Contracting Party to extend to the Investors of any other Contracting Party any preferential treatment:
Art.25.1 1) The provisions of this Treaty shall not be so construed as to oblige a Contracting Party which is party to an Economic Integration Agreement hereinafter referred to as "EIA") to extend, by means of most favoured nation treatment, to another Contracting Party which is not a party to that EIA, any preferential treatment applicable between the parties to that EIA as a result of their being parties thereto.
Art.33.5 5) A Protocol shall apply only to the Contracting Parties which consent to be bound by it, and shall not derogate from the rights and obligations of those Contracting Parties not party to the Protocol.
Art.45.7 7) A state or Regional Economic Integration Organization which, prior to this Treaty's entry into force, accedes to the Treaty in accordance with Article 41 shall, pending the Treaty's entry into force, have the rights and assume the obligations of a signatory under this Article.