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4.
If, after the date of entry into force of this Protocol, a State Party grants
monopoly rights regarding the supply of a service covered by its
specific commitments, that State Party shall notify the Secretariat no
later than three (3) months before the intended implementation of the
grant of monopoly rights and the provisions concerning modification of
specific commitments will apply.
5.
The provisions of this Article shall also apply to cases of exclusive
service suppliers where a State Party, formally or in effect:
(a)
authorises or establishes a small number of service suppliers; and
(b)
substantially prevents competition among those suppliers in its
territory.
Article 12
Anti-competitive Business Practices
1.
State Parties recognise that certain business practices of service
suppliers, other than those concerning monopolies and exclusive
service suppliers, may restrain competition and thereby restrict trade in
services.
2.
Each State Party shall, at the request of any other State Party, enter
into consultations with a view to eliminating practices referred to in
paragraph 1 of this Article. The State Party addressed shall respond to
such a request and shall cooperate through the supply of publicly
available non-confidential information of relevance to the matter in
question. The State Party addressed shall also provide other
information available to the requesting State Party, subject to its
domestic law and to the conclusion of a satisfactory agreement
concerning the safeguarding of its confidentiality by the requesting
State Party.
Article 13
Payments and Transfers
1.
Except under the circumstances envisaged in Article 14 of this Protocol,
a State Party shall not apply restrictions on international transfers and
payments for current transactions relating to its specific commitments.
2.
Nothing in this Protocol shall affect the rights and obligations of the
members of the International Monetary Fund under the Articles of
Agreement of the Fund, including the use of exchange actions which
are in conformity with the Articles of Agreement, provided that a State
Party shall not impose restrictions on any capital transactions
inconsistently with its specific commitments regarding such