4.2.2016
EN
Official Journal of the European Union
L 29/29
(f) inconsistent with Article 46, provided that the difference in treatment is aimed at ensuring the effective or equitable
imposition or collection of direct taxes in respect of economic activities, investors or services suppliers of the other
Party (1).
2.
This Chapter shall not apply to the Parties' respective social security systems or to activities in the territory of each
Party, which are connected, even occasionally, with the exercise of governmental authority.
S ecti on 7
Inves t me nt
Article 56
Review and consultations
In order to identify any barriers to investment, the Parties shall jointly review the investment legal framework no later
than three years after the date on which this Title starts to apply. On the basis of this review, they shall consider the
opportunity to start negotiations to address such barriers, with a view to supplementing this Agreement, including with
respect to general principles of investment protection.
CHAPTER 6
Capital movements and payments
Article 57
Current account
Each Party shall authorise, in a freely convertible currency and in accordance with the Articles of Agreement of the Inter
national Monetary Fund (IMF), as applicable, all payments and transfers on the current account of the balance-ofpayments between the Parties.
Article 58
Movement of capital
1.
With regard to transactions on the capital and financial account of balance-of-payments and without prejudice to
other provisions of this Agreement, the Parties undertake not to impose restrictions on the free movement of capital
relating to direct investments made in accordance with the laws of the host country, to economic activities covered by
Chapter 5 (Trade in Services and Establishment) of this Title and to the liquidation and repatriation of such invested
capital and of any profit generated therefrom.
(1) Measures aimed at ensuring the effective or equitable imposition or collection of direct taxes include measures taken by a Party
under its taxation system which:
(i) apply to non-resident investors and services suppliers in recognition of the fact that the tax obligation of non-residents is
determined with respect to taxable items sourced or located in the Party's territory;
(ii) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory;
(iii) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures;
(iv) apply to consumers of services supplied in or from the territory of another Party in order to ensure the imposition or collection
of taxes on such consumers derived from sources in the Party's territory;
(v) distinguish investors and service suppliers subject to tax on worldwide taxable items from other investors and service suppliers,
in recognition of the difference in the nature of the tax base between them; or
(vi) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between
related persons or branches of the same person, in order to safeguard the Party's tax base.
Tax terms or concepts in point (f) and in this footnote are determined according to tax definitions and concepts, or equivalent or similar
definitions and concepts, under the domestic law of the Party taking the measure.
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