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Report No. 260

(ii) Suggested draft:

20.1 The benefits of this Treaty will not extend to:-

(i) an Investment or Investor owned or controlled, directly or indirectly, by persons of a non-Party or of the Host State; or

(ii) an Investment or Investor, if persons of a non-Party own or control, directly or indirectly, such Investment or Investor and the Host State:

a. does not maintain diplomatic relations with such non-Party; or

b. adopts or maintains measures with respect to such non-Party that prohibit transactions with the Investor or that would be violated or circumvented if the benefits of this Treaty were accorded to the Investor or Investment.

Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty Back

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