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Article 5.5 Interpretation and Limitations

(a) General Principle:

This Part 5 shall be interpreted narrowly, consistent with the principle that the ICT Code is the default legal regime for the ICT unless expressly displaced.

(b) Override Restrictions:

No provision of Host Country law or internal treaty shall override the ICT Code unless:
(i) Expressly listed in the ICT Establishment Law; or
(ii) Expressly agreed by the Operator and Host Country in an ICT Contractual Arrangement; or

(iii) Set out in the Part 5 above.

(c) Residual Rule:
All other provisions of the ICT Code shall remain in full force and effect unless clearly modified under this Part.

Interpretive Note: Part 5 ensures legal clarity and coherence in dual-sovereignty contexts by formally listing only those Host Country laws and treaties that apply within ICTs, and preserves the autonomous legal architecture of the ICT Code elsewhere. This supports both investor certainty and respect for Host Country sovereignty, while clearly delineating applicable legal domains.

[Drafting Note: Part 6 shall apply only in those jurisdictions in which it provisions are legally required or capable of having effect.]

Part 6

Section
5.5
Effective date
2026-04-25
PreviousArticle 5.4 Country-Specific Carve-Outs and AmendmentsNextArticle 6.1 Citation
Section: 5.5
Effective date: 2026-04-25
Source: https://bruneicity.com/laws/code/5.5

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