Article 13. Agreements limiting the assignor s right to assign 227 231 54

Contractual limitations on assignments

China believes that in the pre war period, minefields should be monitored and guarded effectively, but need no marking or fencing in the post war period, however, minefields should be marked and fenced immediately.

quot (1) A receivable is transferred to the assignee notwithstanding any agreement between the assignor and the debtor limiting in any way the assignor apos s right to assign its receivables.

(b) The limitation and alleviation of regulations concerning technology transfer

5. Transparency and restraint in arms transfers

Moral rights are not transferable and are not limited in time.

(3) A receivable assigned by the assignee to a subsequent assignee is transferred notwithstanding any agreement limiting in any way the assignor apos s right to assign its receivables.

In this context, developed country parties shall remove all restrictions on such transfers.

1. An assignment of a receivable is effective notwithstanding any agreement between the initial or any subsequent assignor and the debtor or any subsequent assignee limiting in any way the assignor's right to assign its receivables.

The effectiveness of technology transfer in the Asian region was often circumscribed by the capacity of beneficiary States to manage it at the county level.

(a) An assignment is effective as between the assignor and the assignee and as against the account debtor notwithstanding an agreement between the initial or any subsequent assignor and the account debtor or subsequent assignee limiting in any way the assignor's right to assign its receivables

Finally, all States Parties are obliged to apply transfer restrictions and controls to those chemicals listed under the Convention.

In this regard, does Guatemala impose restrictions or controls on the cross border movement of cash, negotiable instruments, precious stones and metals?

The transfer of MOTAPM to States, which have not accepted the provisions and restrictions, as proposed in the present paper, should be prohibited.

(b) A right securing payment of the assigned receivable may be transferred notwithstanding any agreement between the assignor and the account debtor or other person granting that right, limiting in any way the assignor's right to assign the receivable or the right securing payment of the assigned receivable

1. The transfer of weapons, weapons technology and weapons expertise should be constrained in cases where it can be suspected that the recipient may make use thereof in contravention of international humanitarian law.

In this context, developed country Parties shall remove all restrictions on such transfers. (Venezuela et al)

2. A right securing payment of the assigned receivable is transferred under paragraph 1 of this article notwithstanding any agreement between the assignor and the debtor or other person granting that right, limiting in any way the assignor's right to assign the receivable or the right securing payment of the assigned receivable.

5. Further stresses the importance of identifying and tackling barriers to and unjustifiable restrictions on the transfer of technologies, in particular to developing countries, inter alia, with a view to addressing such constraints while creating specific incentives for the transfer of technologies, including new and innovative ones

The action called for includes strengthening national, regional and international regulations on the transfer of arms to enhance international cooperation supporting the elaboration of an international instrument to combat illicit manufacturing of and trafficking in firearms and adopting codes of conduct in international arms transfers to restrict the transfers to legitimate actors.

The issuance and the transfer of a negotiable electronic transport record means the issuance and the transfer of exclusive control over the record.

3. Notwithstanding paragraphs 1 and 2 of this article, defences and rights of set off that the debtor may raise pursuant to article 9 or 10 against the assignor for breach of an agreement limiting in any way the assignor's right to make the assignment are not available to the debtor against the assignee.

(c) Notwithstanding paragraphs (a) and (b) of this recommendation, defences and rights of set off that the account debtor may raise pursuant to recommendations 15 and 16 against the assignor for breach of an agreement limiting in any way the assignor's right to make the assignment are not available to the account debtor against the assignee.

quot (2) Nothing in this article affects any obligation or liability of the assignor to the debtor in respect of an assignment made in breach of an agreement limiting in any way the assignor apos s right to assign its receivables, but the assignee is not liable to the debtor for such a breach. quot

(d) Assess the gaps and limitations of existing arrangements, including the availability of technology to be transferred, and the means to address these constraints

Undue restrictions on the transfers of nuclear materials, equipment and technologies for the peaceful uses of nuclear energy should be removed.

With respect to the reference to the mutual rights and obligations of the assignor and the assignee , the view was expressed that such wording might unduly restrict the scope of the provision.

There were several mechanisms whereby technology transfer could be achieved, but to be successful, the transfer should be a transfer of understanding and not just the transfer of a technology package ( quot know why quot as well as know how).

quot (2) Without prejudice to the rights of parties in possession of the goods, a right securing payment of the assigned receivables is transferred to the assignee, notwithstanding any agreement between the assignor and the debtor, or the person granting the security right, limiting in any way the assignor apos s right to assign such a security right.

National export controls should in no way restrict the transfer and exchange of materials, equipment and technology for peaceful purposes between States parties to the Treaty.

The debate had shifted from controlling RBPs to reducing government controls.

Ensure that the manufacture, possession, and transfer of firearms is strictly regulated.

Those aspects of the accords which remained outstanding, in particular the land transfer programme (PTT), the programme to transfer rural human settlements to their current occupants, the Fund for the Protection of the Wounded and War Disabled, and the transfer of lands in excess of the constitutional limits of 245 hectares, did not attain the advances that had been envisaged for this period.

In conclusion, he called for a halt to the policy of certain developed countries of restricting the transfer of certain technologies to developing countries under various pretexts.

The discussion on technology transfer during CRIC 2 was limited.

(b) In the case of an assignment by the initial or any other assignee ( subsequent assignment ), the person who makes that assignment is the assignor and the person to whom that assignment is made is the assignee.

Let me now turn to the report of the Open ended Working Group.

Right of Control Draft article 54, Transfer of rights Draft article 59, Transfer of rights Draft article 61 bis

In order to address that problem, it was suggested that language along the following lines should be included in paragraph (1) quot Nothing in this article affects any limitations to the assignor apos s right to assign its receivables that does not result from an agreement between the assignor and the debtor quot .

In the case of a subsequent assignment, the person that makes that assignment is the assignor and the person to which that assignment is made is the assignee.

In a typical build operate transfer project, the infrastructure facility is normally transferred to the host Government at the end of the concession period.

In this way the role of IHL is not only to limit, control and set levels for the production, storage and transfer of arms used in war situations, but also to destroy them.

(b) The conditions under which the assignment of the receivable, the transfer of the negotiable instrument or the transfer of the negotiable document can be invoked against the account debtor, the obligor on the negotiable instrument or the issuer of the negotiable document and

Those rights are transferable, in whole or in part, and limited in time.