definiens: means any corporation, company, partnership, Joint venture and/or firm whichcontrols, is controlled by, or is under common control with a Party . For purposes of this definition, shall be presumed to exist if one of the follo wing conditions is met : ( a ) in the case ofcorporate entities, direct or indirect ownership of at l east fifty percent ( 50 % ) of the stock or shareshaving the right to vote for the election of directors, and ( b ) in the case of non - corporate entities, direct or indirect ownership of at least fifty percent ( 50 % ) of the equity interest with the power todirect the management and policies of such non - corporate entities . The Parties acknowledge thatin the case of certain entities organised under the laws of certain countries outside of the UnitedStates, the maximum percentage ownership permitted by la w for a foreign investor may be lessthan fifty percent ( 50 % ), and that in such case such lower percentage shall be substituted in thepreceding sentence, provided that such foreign investor has the power to direct the manage mentand policies of such entity