Article 6 - Transfer Pricing Methods

A. The Arm’s Length remuneration of a Controlled Transaction shall be determined by applying the method that, under the facts and circumstances, provides the most reliable measure of an Arm’s-Length result. Except and to the extent provided in Chapter 9 of the Bylaws, the most appropriate Transfer Pricing method shall be selected from among the Approved Transfer Pricing Methods. In each case, the most appropriate Transfer Pricing method shall be used taking into consideration the following criteria:

1. The respective strengths and weaknesses of the Approved Methods;

2. The appropriateness of an approved method of the nature of the Controlled Transaction, determined in particular through an analysis of the functions undertaken by each Person in the Controlled Transaction (taking into account assets used and risks assumed);

3. The availability of reliable information needed to apply the selected Transfer Pricing method; and

4. The degree of comparability between the Controlled and Uncontrolled Transactions, including the reliability of comparability adjustments -if any- that may be required to eliminate differences between them.