Article 1113: Denial of Benefits

    1. A Party may deny the benefits of this Chapter to an investor of another Party that is an enterprise of such Party and to investments of such investor if investors of a non-Party own or control the enterprise and the denying Party:

  • Does not maintain diplomatic relations with the non-Party; or
  •  

  • Adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to its investments.
  • 2. Subject to prior notification and consultation in accordance with Articles 1803 (TLCAN: Art. 1803) (Notification and Provision of Information) and 2006 (TLCAN: Art. 2006) (Consultations), a Party may deny the benefits of this Chapter to an investor of another Party that is an enterprise of such Party and to investments of such investors if investors of a non-Party own or control the enterprise and the enterprise has no substantial business activities in the territory of the Party under whose law it is constituted or organized.