L 29/30
EN
Official Journal of the European Union
4.2.2016
2.
With regard to transactions on the capital and financial account of balance-of-payments not covered by
paragraph 1, and without prejudice to other provisions of this Agreement, each Party shall ensure, in accordance with
its laws, the free movement of capital relating to, inter alia:
(a) credits relating to commercial transactions, including the provision of services, in which a resident of a Party is
participating;
(b) financial loans and credits; or
(c) capital participation in a juridical person with no intention of establishing or maintaining lasting economic links.
3.
Without prejudice to other provisions of this Agreement, the Parties shall not introduce any new restrictions on
the movement of capital between residents of the Parties and shall not make the existing arrangements more restrictive.
4.
The Parties may hold consultations with a view to further facilitating the movement of capital between them.
Article 59
Exceptions
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary
or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on capital
movements, nothing in this Chapter shall be construed as preventing the adoption or enforcement by either Party of
measures:
(a) necessary to protect public security and public morals or to maintain public order; or
(b) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Title,
including those relating to:
(i)
the prevention of criminal or penal offences, deceptive and fraudulent practices, or those necessary to deal with
the effects of a default on contracts (bankruptcy, insolvency and protection of the right of creditors);
(ii) measures adopted or maintained to ensure the integrity and stability of a Party's financial system;
(iii) issuing, trading or dealing in securities, options, futures or other derivatives;
(iv) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial
regulatory authorities; or
(v) ensuring compliance with orders or judgements in juridical or administrative proceedings.
Article 60
Temporary safeguard measures with regard to capital movements, payments or transfers
In exceptional circumstances of serious difficulties for the operation of monetary and exchange rate policy, in the case of
the Republic of Kazakhstan, or for the operation of the economic and monetary union, in the case of the European
Union, or threat thereof, safeguard measures that are strictly necessary may be taken by the concerned Party with regard
to capital movements, payments or transfers for a period not exceeding one year. The Party which maintains or adopts
such measures shall inform the other Party forthwith and present, as soon as possible, a time schedule for their removal.
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