- Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between Member States or their investors where like conditions prevail, or a disguised restriction on investors of any other Member State and their investments, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member State of measures:
- (a) necessary to protect public morals or to maintain public order;
- (b) necessary to protect human, animal or plant life or health;
- (c) necessary to secure compliance with laws or regulations which are not inconsistent with this Agreement, including those relating to:
- (i) the prevention of deceptive and fraudulent practices to deal with the effects of a default on a contract;
- (ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual
- records and accounts;
- (iii) safety;
- (d) aimed at ensuring the equitable or effective imposition or collection of direct taxes in respect of investments or investors of any Member State;
- (e) imposed for the protection of national treasures of artistic, historic or archaeological value;
- (f) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption.
- Insofar as measures affecting the supply of financial services are concerned, paragraph 2 (Domestic Regulation) of the Annex on Financial Services of the General Agreement on Trade in Services in Annex 1B to the WTO Agreement (“GATS”) shall be incorporated into and form an integral part of this Agreement, mutatis mutandis.
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THE OFFICIAL INVESTMENT PROMOTION WEBSITE OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS
