Rządowy projekt ustawy o ratyfikacji Umowy o partnerstwie i współpracy ustanawiającej partnerstwo między Wspólnotami Europejskimi i ich Państwami Członkowskimi, z jednej strony, a Republiką Tadżykistanu, z drugiej strony, sporządzonej w Luksemburgu dnia 11 października 2004 r.

(b)
"Subsidiary" of a company shall mean a company which is effectively controlled by the first
company.

(c)
"Branch" of a company shall mean a place of business not having legal personality which has
the appearance of permanency, such as the extension of a parent body, has a management and
is materially equipped to negotiate business with third parties so that the latter, although
knowing that there will if necessary be a legal link with the parent body, the head office of
which is abroad, do not have to deal directly with such parent body but may transact business
at the place of business constituting the extension.

(d)
"Establishment" shall mean the right of Community or Tajik companies as referred to in
point (a) to take up economic activities by means of the setting up of subsidiaries and
branches in the Republic of Tajikistan or in the Community respectively.

(e)
"Operation" shall mean the pursuit of economic activities.

(f)
"Economic activities" shall mean activities of an industrial, commercial and professional
character.
CE/TJ/L/en 24

With regard to international maritime transport, including intermodal operations involving a sea leg,
nationals of the Member States or of the Republic of Tajikistan established outside the Community
or the Republic of Tajikistan respectively, and shipping companies established outside the
Community or the Republic of Tajikistan and controlled by nationals of a Member State or
nationals of the Republic of Tajikistan respectively, shall also be beneficiaries of the provisions of
this Chapter and Chapter III if their vessels are registered in that Member State or in the Republic of
Tajikistan respectively in accordance with their respective legislation.


ARTICLE 23

1.
Notwithstanding any other provisions of this Agreement, a Party shall not be prevented from
taking measures for prudential reasons, including for the protection of investors, depositors, policy
holders or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the
integrity and stability of the financial system. Where such measures do not conform with the
provisions of this Agreement, they shall not be used as a means of avoiding the obligations of a
Party under this Agreement.

2.
Nothing in this Agreement shall be construed as requiring a Party to disclose information
relating to the affairs and accounts of individual customers or any confidential or proprietary
information in the possession of public entities.

3.
For the purposes of this Agreement, "financial services" shall mean those activities described
in Annex III.
CE/TJ/L/en 25

ARTICLE 24

The provisions of this Agreement shall not prejudice the application by each Party of any measure
necessary to prevent the circumvention of its measures concerning third country access to its
market, through the provisions of this Agreement.


ARTICLE 25

1.
Notwithstanding the provisions of Chapter I of this Title, a Community company or a Tajik
company established in the territory of the Republic of Tajikistan or the Community respectively
shall be entitled to employ, or have employed by one of its subsidiaries or branches, in accordance
with the legislation in force in the host country of establishment, in the territory of the Republic of
Tajikistan and the Community respectively, employees who are nationals of Community Member
States and the Republic of Tajikistan respectively, provided that such employees are key personnel
as defined in paragraph 2, and that they are employed exclusively by companies, or branches. The
residence and work permits of such employees shall only cover the period of such employment.
CE/TJ/L/en 26

2.
Key personnel of the abovementioned companies herein referred to as "organisations" are
"intra-corporate transferees" as defined in (c) in the following categories, provided that the
organisation is a legal person and that the persons concerned have been employed by it or have been
partners in it (other than majority shareholders) for at least the year immediately preceding such
movement:

(a)
Persons working in a senior position with an organisation, who primarily direct the
management of the establishment, receiving general supervision or direction principally from
the board of directors or stockholders of the business or their equivalent, including:


–
directing the establishment or a department or subdivision of the establishment,

–
supervising
and
controlling
the work of other supervisory, professional or managerial
employees,


–
having the authority personally to hire and fire or recommend hiring, firing or other
personnel actions.

(b)
Persons working within an organisation who possess uncommon knowledge essential to the
establishment's service, research equipment, techniques or management. The assessment of
such knowledge may reflect, apart from knowledge specific to the establishment, a high level
of qualification referring to a type of work or trade requiring specific technical knowledge,
including membership of an accredited profession.
CE/TJ/L/en 27

(c)
An "intra-corporate transferee" is defined as a natural person working within an organisation
in the territory of a Party, and being temporarily transferred in the context of pursuit of
economic activities in the territory of the other Party; the organisation concerned must have
its principal place of business in the territory of a Party and the transfer be to a branch or a
subsidiary of that organisation effectively pursuing like economic activities in the territory of
the other Party.


ARTICLE 26

1.
The Parties shall use their best endeavours to avoid taking any measures or actions which
render the conditions for the establishment and operation of each other's companies more restrictive
than the situation existing on the day preceding the date of signature of the Agreement.

2.
The provisions of this Article are without prejudice to those of Article 34: the situations
covered by Article 34 shall be governed exclusively by the provisions thereof.

3.
Acting in the spirit of partnership and cooperation and in the light of the provisions of
Article 40, the Government of the Republic of Tajikistan shall inform the Community of its
intentions to submit new legislation or adopt new regulations which may render the conditions for
the establishment or operation in the Republic of Tajikistan of subsidiaries and branches of
Community companies more restrictive than the situation existing on the day preceding the date of
signature of the Agreement. The Community may request the Republic of Tajikistan to
communicate the drafts of such legislation or regulations and to enter into consultations about those
drafts.
CE/TJ/L/en 28