Treaty Series Recueil des Traites - United Nations Treaty Collection

Volume 2080, 1-36116
Such trade-related investment measures of general or specific application shall be notified
along with their principal features.
(2) In the case of trade-related investment measures applied under discretionary authority,
each specific application shall be notified. Information that would prejudice the
legitimate commercial interests of particular enterprises need not be disclosed.
(3) Each Contracting Party shall eliminate all trade-related investment measures which
are notified under paragraph (1) within:
(a) two years from the date of entry into force of this Treaty if the Contracting Party is
a party to the GATT; or
(b) three years from the date of entry into force of this Treaty if the Contracting Party
is not a party to the GATT.
(4) During the applicable period referred to in paragraph (3) a Contracting Party shall
not modify the terms of any trade-related investment measure which it notifies under paragraph
(1) from
those prevailing at the date of entry into force of this Treaty so as to increase the degree
of inconsistency with the provisions of Article 5 of this Treaty.
(5) Notwithstanding the provisions of paragraph (4), a Contracting Party, in order not
to disadvantage established enterprises which are subject to a trade-related investment
measure notified under paragraph (1), may apply during the phase-out period the same
trade-related investment measure to a new Investment where:
(a) the products of such Investment are like products to those of the established enterprises;
and
(b) such application is necessary to avoid distorting the conditions of competition between
the new Investment and the established enterprises.
Any trade-related investment measure so applied to a new Investment shall be notified
to the Secretariat. The terms of such a trade-related investment measure shall be equivalent
in their competitive effect to those applicable to the established enterprises, and it
shall be terminated at the same time.
(6) Where a state or Regional Economic Integration Organization accedes to this Treaty
after the Treaty has entered into force:
(a) the notification referred to in paragraphs (1) and (2) shall be made by the later of
the applicable date in paragraph (1) or the date of deposit of the instrument of accession;
and
(b) the end of the phase-out period shall be the later of the applicable date in paragraph
(3) or the date on which the Treaty enters into force for that state or Regional Economic
Integration Organization.
4. Annex N
List of Contracting Parties Requiring'at least 3 separate Areas to be involved in a Transit
(In accordance with Article 7(10)(a))
1.Canada and United States of America