Côte d'Ivoire - Japan BIT (2020)
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2

Sector: All

Obligations Concerned: National Treatment (Article 2)

Most-Favoured-Nation Treatment {Article 3)

Prohibition of Performance Requirements (Article 6)

Description: Japan reserves the right to adopt or maintain any measure relating to investment in telegraph services, postal services, betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes and minting and sale of coinage in Japan.

3

Sector: All

Obligations Concerned: Most-Favoured-Nation Treatment (Article 3)

Description:

1. Japan reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement in force on, or signed prior to, the date of entry into force of this Agreement.

2. Japan reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement involving:

(a) aviation;

(b) fisheries; or

(c) maritime matters, including salvage.

4

Sector: All

Obligations Concerned: National Treatment (Article 2)

Most-Favoured-Nation Treatment {Article 3)

Description: National Treatment and Most- Favoured-Nation Treatment may not be accorded to investors of the Republic of Côte d'Ivoire and their investments with respect to subsidies.

5

Sector: Aerospace Industry

Obligations Concerned: National Treatment (Article 2)

Prohibition of Performance Requirements (Article 6)

Description: Japan reserves the right to adopt or maintain any measure relating to the investment in aircraft industry and space industry.

6

Sector: Arms and Explosives Industry

Obligations Concerned: National Treatment (Article 2)

Prohibition of Performance Requirements (Article 6)

Description: Japan reserves the right to adopt or maintain any measure relating to the investment in the arms industry and explosives manufacturing industry.

7

Sector: Energy

Obligations Concerned: National Treatment (Article 2)

Prohibition of Performance Requirements (Article 6)

Description: Japan reserves the right to adopt or maintain any measure relating to investment in the electricity utility industry, gas utility industry and nuclear energy industry.

8

Sector: Fisheries

Obligations Concerned: National Treatment (Article 2)

Most-Favoured-Nation Treatment {Article 3)

Prohibition of Performance Requirements (Article 6)

Description: Japan reserves the right to adopt or maintain any measure relating to investment in fisheries in the territorial sea, internal waters, exclusive economic zone and continental shelf of Japan.

For the purposes of this entry, the term "fisheries" means the work of taking and cultivation of aquatic resources, including the following fisheries related activities:

(a) investigation of aquatic resources without taking such resources;

(b) luring of aquatic resources;

(c) preservation and processing of fish catches;

(d) transportation of fish catches and fish products; and

(e) provision of supplies to other vessels used for fisheries.

9

Sector: Information and Communications

Obligations Concerned: National Treatment (Article 2)

Prohibition of Performance Requirements (Article 6)

Description: Japan reserves the right to adopt or maintain any measure relating to investment in broadcasting industry.

10

Sector: Land Transaction

Obligations Concerned: National Treatment (Article 2)

Most-Favoured-Nation Treatment {Article 3)

Description: With respect to the acquisition or lease of land properties in Japan, prohibitions or restrictions may be imposed.

11

Sector: Public Law Enforcement and Correctional Services and Social Services

Obligations Concerned: National Treatment (Article 2)

Most-Favoured-Nation Treatment {Article 3)

Prohibition of Performance Requirements (Article 6)

Description: Japan reserves the right to adopt or maintain any measure relating to investment in public law enforcement and correctional services, and in social services such as income security or insurance, social security or insurance, social welfare, primary and secondary education, public training, health, child care and public housing.

12

Sector: Transport

Obligations Concerned: National Treatment (Article 2)

Prohibition of Performance Requirements (Article 6)

Description: Japan reserves the right to adopt or maintain any measure with respect to investment in airports or airport operation services.

For the purposes of this entry, the term "airport operation services" means the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services.

Schedule of the Republic of Côte d'Ivoire

1

Sector: Agriculture and Fisheries

Obligations Concerned: National Treatment (Article 2)

Most-Favoured-Nation Treatment {Article 3)

Prohibition of Performance Requirements (Article 6)

Description: The Republic of Côte d'Ivoire reserves the right to adopt or maintain any measure relating to the terms and conditions for carrying out activities related to the exploitation and the marketing of agricultural and fishery resources.

2

Sector: All

Obligations Concerned: Prohibition of Performance Requirements (Article 6)

Description: The Republic of Côte d'Ivoire reserves the right to adopt or maintain any measure relating to the rights and preferences granted to enterprises in all sectors of activity procuring services exclusively or primarily in the Ivorian market where they are competitive in terms of their fair market value, quality and delivery time.

3

Sector: Information and Communication Technologies

Obligations Concerned: Prohibition of Performance Requirements (Article 6)

Description: The Republic reserves the maintain any requirements of Côte d'Ivoire right to adopt or measure relating to for the establishment and operation of enterprises in the information and communication technologies sector.

4

Sector: Cultural Goods

Obligations Concerned: Prohibition of Performance Requirements (Article 6)

Description: The Republic of Côte d'Ivoire reserves the right to adopt or maintain any measure relating to restrictions on the export of cultural goods produced in the Republic of Côte d'Ivoire in the cultural field of works of art and ancient handicrafts, literary and artistic productions, works of folklore, ritual objects and prehistoric and historical remains of cultural interest.

5

Sector: Food Products

Obligations Concerned: Prohibition of Performance Requirements (Article 6)

Description: The Republic of Côte d’Ivoire reserves the right to adopt or maintain any measure relating to restrictions on the export of agrifood products required primarily to meet the needs of the people of Côte d’Ivoire, unless these measures are applied to constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.

6

Sector: All

Obligations Concerned: Most-Favoured-Nation Treatment (Article 3)

Description:

1. The Republic of Côte d'Ivoire reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement in force on, or signed before, the date of entry into force of this Agreement;

2. The Republic of Côte d'Ivoire reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement, present or future, which,

(a) establishes, strengthens or expands a free trade area or customs union; or

(b) relates to either:

(i) aviation;

(ii) fisheries; or

(iii) maritime matters, including rescue.

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  • Chapter   I INVESTMENT 1
  • Article   1 Definitions 1
  • Article   2 National Treatment 1
  • Article   3 Most-Favoured-Nation Treatment 1
  • Article   4 Minimum Standard of Treatment 1
  • Article   5 Access to the Courts of Justice 1
  • Article   6 Prohibition of Performance Requirements 1
  • Article   7 Non-Conforming Measures 1
  • Article   8 Transparency 1
  • Article   9 Measures Against Corruption 1
  • Article   10 Entry, Sojourn and Residence of Investors 1
  • Article   11 Expropriation and Compensation 1
  • Article   12 Compensation for Losses or Damages 1
  • Article   13 Subrogation 1
  • Article   14 Repatriation and Transfers 1
  • Article   15 General and Security Exceptions 2
  • Article   16 Temporary Safeguard Measures 2
  • Article   17 Prudential Measures 2
  • Article   18 Intellectual Property Rights 2
  • Article   19 Taxation Measures 2
  • Article   20 Health, Safety and Environmental Measures and Labour Standards 2
  • Article   21 Denial of Benefits 2
  • Chapter   II DISPUTE SETTLEMENT 2
  • Article   22 Settlement of Dispute between the Contracting Parties 2
  • Article   23 Settlement of Investment Disputes between a Contracting Party and an Investor of the other Contracting Party 2
  • Article   24 Service of Documents 2
  • Chapter   III JOINT COMMITTEE 2
  • Article   25 Joint Committee 2
  • Chapter   IV FINAL PROVISIONS 2
  • Article   26 Headings 2
  • Article   27 Final Provisions 2
  • Annex I  Existing Non-Conforming Measures referred to in subparagraph 1(a) of Article 7 3
  • Schedule of Japan 3
  • Schedule of the Republic of Côte d’Ivoire 4
  • Annex II  Non-Conforming Measures referred to in paragraph 2 of Article 7 4
  • Schedule of Japan 4
  • Schedule of the Republic of Côte d'Ivoire 5