definiens: means any corporation . company, partnership, joint venture and/or finn which controls, is controlled by, or is under common control with a specified person or entity . For purposes of this definition, shall be preswn'cd to exist if one oftbc following conditions is met : ( a ) in the case of corporate entities, dUect or indirect ownership of at least fifty percent ( 50 % ) of the stock or sbares having the righl to vote for the election ofdireetors, and ( b ) in the case ohon - corporate entities, direct or indirect ownership of at least fifty percent ( 500A, ) of the equity intercs ' with the power to direct the management and policies of such non - alrporate entities . The Parties acknowledge that in the case of certain entities organized under the laws of cerWo countries outside of the United States, the maximum percentage ownership permitted by law fora foreign investor may be less than fifty percent ( 50 % ), and that in such case such lower perceutage shall be substituted in the preceding sentence, provided that such foreign investor has the power to direct the management and policies of such entity