4. A Contracting Party may deny the benefits of this Agreement to an investor of the other Contracting Party that is a legal person and to investments of that investor, if investors of a third state own or control the first mentioned investor and:
a. the investor has no substantial business activities in the territory of the Contracting Party under whose law it is constituted, or
b. the denying Contracting Party adopts or maintains measures with respect to the third state that prohibit transactions with such investor and its investments or that would be violated or circumvented if the benefits of the Agreement were accorded to the investments of investors.
5. A Contracting Party's essential security interests may include interests and measures deriving from its membership in a customs, economic, or monetary union, a common market or a free trade area.
6. All references in the Agreement to measures of a Contracting Party shall include measures applicable in accordance with EU law in the territory of that Contracting Party pursuant to its membership in the European Union. References to "serious balance-of-payments difficulties, or the threat thereof," shall include serious balance-of-payments difficulties, or the threat thereof, in the economic or monetary union of which a Contracting Party is a member.
7. The dispute settlement according to Article 9 shall not be considered as treatment, preference or privilege.
Article 16. Final Provisions, Entry Into Force, Duration, Termination and Amendments
1. This Agreement shall apply without prejudice to the obligations of the Contracting Parties deriving from their membership or participation in any existing or future customs unions, economic union, regional economic integration agreement or similar international agreement such as the European Union. Consequently, the provisions of this Agreement may not be invoked or interpreted, neither in whole nor in part, in such a way as to invalidate, amend or otherwise affect the obligations of the Contracting Parties from such membership or participation.
2. The Contracting Parties shall notify each other through diplomatic channels that their internal procedure requirements for the entry into force of this Agreement have been complied with. This Agreement shall enter into force sixty (60) days after the receipt of the last notification.
3. This Agreement shall remain in force for a period of ten years and afterwards shall continue to be in force unless, either Contracting Party notifies in writing the other Contracting Party of its intention to terminate this Agreement. The notice of termination shall become effective one year after it has been received by the other Contracting Party but not earlier than the expiry of the initial period of ten years.
4. In respect of investments made prior to the termination of this Agreement, the provisions of this Agreement shall continue to be effective for a period of ten years from the date of termination.
5. This Agreement may be amended by written agreement between the Contracting Parties. Any amendment shall be integral part of the Agreement and enter into force under the same procedure required for entering into force of the present Agreement.
6. Any Contracting Party shall submit this Agreement for registration by the Secretary-General of the United Nations after its entry into force, in accordance with the article 102 of the Charter of United Nations and shall notify the other Contracting Party the fulfilment of this procedure.
Conclusion
IN WITNESS WHEREOF, the undersigned duly authorized have signed this Agreement. DONE in duplicate at Praia, 28 day of March 2019, in the Hungarian, Portuguese and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
For the Government of Hungary
For the Government of the Republic of Cabo Verde