ASEAN Comprehensive Investment Agreement
SECTION A
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Article 16 - Measures to Safeguard the Balance-of-Payments
1. In the event of serious balance-of-payments and external financial difficulties or threat thereof, a Member State may adopt or maintain restrictions on payments or
transfers related to investments. It is recognised that particular pressures on the balance-of-payments of a Member State in the process of economic development may
necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development.2. The restrictions referred to in paragraph 1 shall:
(a) be consistent with the Articles of Agreement of the IMF;
(b) avoid unnecessary damage to the commercial, economic and financial interests of another Member State;
(c) not exceed those necessary to deal with the circumstances described in paragraph 1;
(d) be temporary and be phased out progressively as the situation specified in paragraph 1 improves;
(e) be applied such that any one of the other Member States is treated no less favourably than any other Member State or non-Member State.
3. Any restrictions adopted or maintained under paragraph 1, or any changes therein, shall be promptly notified to the other Member States.
4. To the extent that it does not duplicate the process under WTO, IMF, or any other similar processes, the Member State adopting any restrictions under paragraph 1
shall commence consultations with any other Member State that requests such consultations in order to review the restrictions adopted by it.
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