Article 1410: Exceptions

    1. Nothing in this Part shall be construed to prevent a Party from adopting or maintaining reasonable measures for prudential reasons, such as:

  • The protection of investors, depositors, financial market participants, policyholders, policy claimants, or persons to whom a fiduciary duty is owed by a financial institution or cross-border financial service provider;
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  • The maintenance of the safety, soundness, integrity or financial responsibility of financial institutions or cross-border financial service providers; and
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  • Ensuring the integrity and stability of a Party's financial system.
  • 2. Nothing in this Part applies to non-discriminatory measures of general application taken by any public entity in pursuit of monetary and related credit policies or exchange rate policies. This paragraph shall not affect a Party's obligations under Article 1106 (TLCAN: Art. 1106) (Investment Performance Requirements) with respect to measures covered by Chapter Eleven (Investment) or Article 1109 (TLCAN: Art. 1109) (Investments Transfers).

    3. Article 1405 (TLCAN: Art. 1401) shall not apply to the granting by a Party to a financial institution of an exclusive right to provide a financial service referred to in Article 1401(3)(a) (TLCAN: Art. 1401)

    4. Notwithstanding Article 1109(1), (2) and (3) (TLCAN: Art. 1109), as incorporated into this Chapter, and without limiting the applicability of Article 1109(4) (TLCAN: Art. 1109), as incorporated into this Chapter, a Party may prevent or limit transfers by a financial institution or cross-border financial services provider to, or for the benefit of, an affiliate of or person related to such institution or provider, through the equitable, non-discriminatory and good faith application of measures relating to maintenance of the safety, soundness, integrity or financial responsibility of financial institutions or cross-border financial service providers. This paragraph does not prejudice any other provision of this Agreement that permits a Party to restrict transfers.