Type of NT clause
Post-establishment
Reference to "like circumstances" (or similar)
Yes
Most-favoured-nation (MFN) treatment
Type of MFN clause
Post-establishment
Exceptions from MFN obligation
Economic integration agreements
Yes
Procedural issues (ISDS)
No
Fair and equitable treatment (FET)
Type of FET clause
FET unqualified
By reference to international law
None
By listing FET elements (exhaustive or indicative list)
No
Full protection and security
No clause
Prohibition on unreasonable, arbitrary or discriminatory measures
Yes
Scope of measures covered
Indirect expropriation mentioned
Refining expropriation clause
Indirect expropriation defined
No
Carve-out for general regulatory measures
No
Carve-out for compulsory licenses in conformity with WTO
No
Relative right to compensation (comparator)
MFN and NT
Absolute right to compensation in certain circumstances
No
Includes transfer of funds
Yes
Exceptions to the transfer of funds obligation
Balance-of-payments exception
No
Other specific exceptions (e.g. to protect creditors, etc.)
Yes
Prohibition of performance requirements (PRs)
Includes prohibition of PRs
No explicit PR clause
Type of PR clause
Not applicable
Entry and sojourn of personnel (subject to local laws)
No
Senior management (nationality)
No