161
9.
(a) All costs, expenditures, proceeds and revenues and all
determinations of price and value referred to in this article shall
be the result of free market or arm's length transactions. In the
absence thereof, they shall be determined by the Authority, after
consulting the contractor, as though they were the result of free
market or arm's length transactions, taking into account relevant
transactions in other markets.
(b) In order to ensure compliance with and enforcement of the
provisions of this paragraph, the Authority shall be guided by
the principles adopted for, and the interpretation given to, arm's
length transactions by the Commission on Transnational
Corporations of the United Nations, the Group of Experts on
Tax Treaties between Developing and Developed Countries and
other international organizations, and shall, in its rules,
regulations and procedures, specify uniform and internationally
acceptable accounting rules and procedures, and the means of
selection by the contractor of certified independent accountants
acceptable to the Authority for the purpose of carrying out
auditing in compliance with those rules, regulations and
procedures.
10. The contractor shall make available to the accountants, in accordance
with the financial rules, regulations and procedures of the Authority, such
financial data as are required to determine compliance with this article.
11. All costs, expenditures, proceeds and revenues, and all prices and
values referred to in this article, shall be determined in accordance with
generally recognized accounting principles and the financial rules, regulations
and procedures of the Authority.
12. Payments to the Authority under paragraphs 5 and 6 shall be made
in freely usable currencies or currencies which are freely available and
effectively usable on the major foreign exchange markets or, at the
contractor's option, in the equivalents of processed metals at market value.
The market value shall be determined in accordance with paragraph 5(b). The
freely usable currencies and currencies which are freely available and
effectively usable on the major foreign exchange markets shall be defined in
the rules, regulations and procedures of the Authority in accordance with
prevailing international monetary practice.
13. All financial obligations of the contractor to the Authority, as well
as all his fees, costs, expenditures, proceeds and revenues referred to in this
article, shall be adjusted by expressing them in constant terms relative to a
base year.
14. The Authority may, taking into account any recommendations of the
Economic Planning Commission and the Legal and Technical Commission,
adopt rules, regulations and procedures that provide for incentives, on a
uniform and non-discriminatory basis, to contractors to further the objectives
set out in paragraph 1.
15. In the event of a dispute between the Authority and a contractor over
the interpretation or application of the financial terms of a contract, either
party may submit the dispute to binding commercial arbitration, unless both
parties agree to settle the dispute by other means, in accordance with
article 188, paragraph 2.
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