General exception clause
Article 89
Subject to the requirement that such measures are not to be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions must prevail, or a disguised restriction on trade in goods, services or establishment, nothing in this Agreement shall be construed to prevent the adoption or enforcement by the Parties of measures which: (a) are necessary to protect public security or public morality or to maintain public order; (b) are necessary to protect the health or life of humans, animals or plants; (c) are necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to: (i) prevention of deceptive and fraudulent practices or ways of dealing with the effects of a default on contracts; (ii) 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; (iii) security; (iv) the application of customs regulations and procedures; or (v) protection of intellectual property rights; (d) relate to imports or exports of gold or silver; (e) are necessary to protect national treasures of artistic, historical or archaeological value; (f) relate to the conservation of exhaustible natural resources if such measures involve restrictions on domestic production or consumption of goods or the provision or consumption of domestic services, and on domestic investors; (g) relate to the products of prison labour; or (h) are inconsistent with the articles of this Agreement on national treatment, provided that the difference in treatment is intended to ensure the effective or equitable imposition or collection of direct taxes in respect of the economic activities of investors or of service providers of the other Party ( 5 ) .