4.2.2016
EN
Official Journal of the European Union
L 29/21
2.
The Parties shall endeavour to avoid the adoption of any measure which renders the conditions for establishment
more restrictive than the situation existing on the day preceding the date of signature of this Agreement.
Article 43
Progressive improvement of conditions for cross-border supply of services
1.
The Parties fully recognise the importance of liberalising the cross-border supply of services between the Parties.
2.
The Cooperation Committee meeting in trade configuration shall make recommendations to the Parties for the
further liberalisation of cross-border supply of services in the context of this Agreement.
S u b se ct i on 2
E cono m i c ac tiv it ie s o th e r t h an s e r v ic e s
Article 44
Scope and coverage
This Subsection applies to measures by the Parties affecting establishment in all economic activities other than services.
Article 45
Most-favoured-nation treatment
1.
Each Party shall grant to juridical persons of the other Party treatment no less favourable than that it accords to
juridical persons of any third country with regard to their establishment.
2.
Each Party shall grant to juridical persons of the other Party treatment no less favourable than that it accords to
juridical persons of any third country with regard to the operation of juridical persons of the other Party established in
the former Party's territory.
3.
Any advantage, favour, privilege or immunity granted, in relation with local content requirements, by the Republic
of Kazakhstan to juridical persons of a WTO member established in the Republic of Kazakhstan in the form of a
juridical person shall be accorded immediately and unconditionally to juridical persons of the European Union
established in the Republic of Kazakhstan in the form of a juridical person.
4.
The treatment granted in accordance with paragraphs 1 and 2 shall not apply to treatment accorded by a Party
pursuant to economic integration agreements, free trade agreements, agreements for the avoidance of double taxation
and agreements primarily governing taxation matters, nor shall it be construed as extending to investment protection,
other than the treatment deriving from Article 46, including investor-to-state dispute settlement procedures.
5.
Notwithstanding paragraph 4, as regards strategic resources and objects, the Republic of Kazakhstan shall in no
case accord to subsidiaries of juridical persons of the European Union established in the Republic of Kazakhstan in the
form of a juridical person, less favourable treatment than that accorded after the date on which this Title starts to apply,
to subsidiaries of juridical persons of any third country established in the Republic of Kazakhstan in the form of a
juridical person.
Article 46
National treatment
Subject to the Parties' reservations set out in Annex I,
(a) each Party shall grant to subsidiaries of juridical persons of the other Party established in the former Party's territory
treatment no less favourable than that granted to that Party's own juridical persons with respect to their operations;
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