PROCLAMATION 7449-JUNE 8, 2001 115 STAT. 2789 ^ In all cases, treatment ofcross-border traiuactions and trinsrers willbe consistent with each Party's obligations to the International Monetary Fund Each Party shall permit returns in kind to be made as authorized or specified in an investment authorization, investment agreement, or other written agreement between the Party and a covered investment or a national or company of the other Party. Notwithstanding paragraphs I through 5, a Party may prevent a transfer through the equitable, non-discrimiiutory and good faith applications (including the seeking of preliminary relief such as judicial injunctions and temporary restraining orders) of its law relating to: A bankruptcy, insolvency or the protection of the rights of creditors; B issuing, trading or dealing in securities, fiitures, options, or derivatives, C. reports or records of transfers, D criminal or penal offenses, or E. ensuring compliance with orders or judgments in judicial or administrative pro ceeding s The provisions of this Article relating to financial transfers shall not preclude A a requirement that a national or company (or its covered investment) comply with customary banking procedures and regulations, provided thattheydo not impairthe substance of the rights granted under this Article, B. prudential measures in order to protect the interests of creditors and to ensure the stability and integrity of the national finandal system. Article 2 National Security This Agreement shall not preclude a Party from applying measures that it considers to be necessary for the protection of its own essential security imerests Nothing in this Agreement shall be construed to require either Party to fiimish any information, the disclosure of which it considers contrary to its essential security interests - S7- ga
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