1.
Subject to the requirement that measures are not applied in a
manner which would constitute a means of arbitrary or
unjustifiable discrimination between Partner States where like
conditions prevail, or a disguised restriction on trade in services,
nothing in this Part shall be construed to prevent the adoption or
enforcement by any Partner State of measures:
(a)
(b)
(c)
necessary to protect public morals or to maintain public
order;
necessary to protect human, animal or plant life or health;
necessary to secure compliance with laws or regulations
which are not inconsistent with the provisions of this Part
including those relating to:
(i)
the prevention of deceptive and fraudulent practices
or which deal with the effects of a default on services
contracts;
(ii)
the protection of the privacy of individuals in relation
to the processing and dissemination of personal data
and the protection of confidentiality of individual
records and accounts; and
(iii)
safety;
(d)
(e)
2.
inconsistent with Article 17 of this Protocol, provided that the
difference in treatment is aimed at ensuring the equitable or
effective imposition or collection of direct taxes in respect of
services or service suppliers of other Partner States; or
inconsistent with Article 18 of this Protocol, provided that the
difference in treatment is the result of an agreement on the
avoidance of double taxation or provisions on the avoidance
of double taxation in any other international agreement or
arrangement by which the Partner State is bound.
Pursuant to subparagraph (d) of paragraph 1, measures that are
aimed at ensuring the equitable or effective imposition or collection
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