18 DE ABRIL DE 1996

636-(11)

Article 20

Transparency

1) Laws, regulations, judicial decisions and administrative rulings of general application which affect trade in energy materials and products are, in accordance with article 29, 2), a), among the measures subject to the transparency disciplines of the GATT and relevant related instruments.

2) Laws, regulations, judicial decisions and administrative rulings of general application made effective by any Contracting Party, and agreements in force between Contracting Parties, which affect other matters covered by this Treaty shall also be published promptly in such a manner as to enable Contracting Parties and investors to become acquainted with them. The provisions of this paragraph shall not require any Contracting Party to disclose confidential information which would impede law enforcement or otherwise be contrary to the-public interest or would prejudice the legitimate commercial interests of any investor.

3) Each Contracting Party shall designate One or more enquiry points to which requests for information about the above mentioned laws, regulations, judicial decisions and administrative rulings may be addressed and shall communicate promptly such designation to thé Secretariat which shall make it available on request..

Article 21 Taxation

1) Except as otherwise provided in this article, nothing in this Treaty shall create rights or impose obligations with respect to taxation measures of the Contracting Parties. In the event of any inconsistency between this article and any other provision of the Treaty, this article shall prevail to the extent of the inconsistency.

2) Article 7, 3), shall apply to taxation measures other than those on income or on capital, except that such provision shall not apply to:

a) An advantage accorded by a Contracting Party pursuant to the tax provisions of any convention, agreement or arrangement described in subparagraph 7, a), ii); or

b) Any taxation measure aimed at ensuring the effective collection of taxes, except where the measure of a Contracting Party arbitrarily discriminates against energy materials and products originating in, or destined for the area of another Contracting Party or arbitrarily restricts benefits accorded under article 7, 3).

3) Article 10, 2) and 7), shall apply to taxation measures of the Contracting Parties other than those on income or on capital, except that such provisions shall not apply to:

a) Impose most favoured nation obligations with respect to advantages accorded by a Contracting Party pursuant to the tax provisions of any convention, agreement or arrangement described in subparagraph 7, a), ii), or resulting from membership of any regional economic integration organization; or

b) Any taxation measure aimed at ensuring the effective collection of taxes, except where the

measure arbitrarily discriminates against an investor of another Contracting Party or arbitrarily restricts benefits accorded under the investment provisions of this Treaty.

4) Article 29, 2) to 6), shall apply to taxation measures other than those on income or on capital. 5):

a) Article 13 shall apply to taxes;

b) Whenever an issue arises under article 13, to the extent it pertains to whether a tax constitutes an expropriation or whether a tax alleged to constitute an expropriation is discriminatory, the following provisions shall apply:

0 The investor or the Contracting Party alleging expropriation shall refer the issue of whether the tax is an expropriation or whether the tax is discriminatory to the relevant competent tax authority. Failing such referral by the investor or the Contracting. Party, bodies called upon to settle disputes pursuant to article 26, 2), c), or 27, 2), shall make a referral to the relevant competent tax authorities;

ii) The competent tax authorities shall, within a period of six months of such referral, strive to resolve the issues so referred. Where non-discrimination issues are concerned, the competent tax authorities shall apply the non-discrimination provisions of the relevant tax convention or, if there is no non-discrimination provision in the relevant tax convention applicable to the tax or no such tax convention is in force between the Contracting Parties concerned, they shall apply the nondiscrimination principles under the Model Tax Convention on Income and Capital of the Organisation for Economic Coopération and Development;

Hi) Bodies called upon to settle disputes pursuant to article 26, 2), c), or 27, 2), may take into account any conclusions arrived at by the competent tax authorities regarding whether the tax is an expropriation. Such bodies shall take into account any conclusions arrived at within the six-month period prescribed in subparagraph b), ii), by the competent tax authorities regarding whether the tax is discriminatory. Such bodies may also take into account any conclusions arrived at by the competent tax authorities after the expiry of the six-month period;

iv) Under no circumstances shall involvement of the competent tax authorities, beyond the end of the six-month period referred to in subparagraph b), ii), lead to a delay of proceedings under articles 26 and 27.

6) For the avoidance of doubt, article 14 shall not limit the right of a Contracting Party to impose or collect a tax by withholding or other means.