ENTRY INTO FORCE AND DURATION AND TERMINATION. 1. This Treaty shall be ratified by each of the Parties and the ratifications thereof shall be exchanged as soon as possible. 2. This treaty shall enter into force thirty days after the date of exchange of ratifications. It shall remain in force for a period of ten years and shall continue in force unless terminated in accordance with Paragraph 3 of this Article. It shall apply to investments existing at the time of entry into force as well as to investments made or acquired thereafter. 3. Either Party may, by giving one year's written notice to the other Party, terminate this Treaty at the end of the initial ten year period or at any time thereafter. 4. With respect to investments made or acquired prior to the date of termination of this Treaty and to which this Treaty otherwise applies, the provisions of all of the other Articles of this Treaty shall thereafter continue to be effective for a further period of ten years from such date of termination. In Witness Thereof, the respective plenipotentiaries have signed this Treaty. Done in duplicate at Washington on the 12th day of March 1986 in the English and Bangla languages, both texts being equally authentic. For the Government of the United States of America: XXXXXXX XXXXXXX. For the Government of the People's Republic of Bangladesh: XXXXXXXX XXXX. Consistent with Article II paragraph 3, each Party reserves the right to maintain limited exceptions in the sectors or matters it has indicated below: THE UNITED STATES OF AMERICA Air transportation; ocean and coastal shipping; banking; insurance; government grants; government insurance and loan programs; energy and power production; custom house brokers; ownership of real estate; ownership and operation of broadcast or common earner radio and television stations; ownership of shares in the Communications Satellite Corporation; the provision of common carrier telephone and telegraph services; the provision of submarine cable services; use of land and natural resources. THE PEOPLE'S REPUBLIC OF BANGLADESH Arms and ammunition and allied defense equipment; atomic energy; air transport; telecommunication (common carrier services); generation (excluding stand-by generation) and distribution of electricity; forest extraction (mechanised); sea trawling, commercial trading; insurance; indenting; public utilities; shipping-, oil and gas (except for hydrocarbon exploration through production contract/joint venture); oil refining and products marketing (except under joint venture); communication satellite; housing and ownership of real estate.
Appears in 2 contracts
Samples: Treaty, Bilateral Investment Treaty
ENTRY INTO FORCE AND DURATION AND TERMINATION. 1. This Treaty shall be ratified by each of the Parties and the ratifications thereof shall be exchanged as soon as possible.
2. This treaty shall enter into force thirty days after the date of exchange of ratifications. It shall remain in force for a period of ten years and shall continue in force unless terminated in accordance with Paragraph 3 of this Article. It shall apply to investments existing at the time of entry into force as well as to investments made or acquired thereafter.
3. Either Party may, by giving one year's written notice to the other Party, terminate this Treaty at the end of the initial ten year period or at any time thereafter.
4. With respect to investments made or acquired prior to the date of termination of this Treaty and to which this Treaty otherwise applies, the provisions of all of the other Articles of this Treaty shall thereafter continue to be effective for a further period of ten years from such date of termination. In Witness Thereof, the respective plenipotentiaries have signed this Treaty. Done in duplicate at Washington on the 12th day of March 1986 in the English and Bangla languages, both texts being equally authentic. For the Government of the United united States of America: XXXXXXX XXXXXXX. For the Government of the People's Republic of Bangladesh: XXXXXXXX XXXX. Consistent with Article II paragraph 3, each Party reserves the right to maintain limited exceptions in the sectors or matters it has indicated below: THE UNITED STATES OF AMERICA Air transportation; ocean and coastal shipping; banking; insurance; government grants; government insurance and loan programs; energy and power production; custom house brokers; ownership of real estate; ownership and operation of broadcast or common earner radio and television stations; ownership of shares in the Communications Satellite Corporation; the provision of common carrier telephone and telegraph services; the provision of submarine cable services; use of land and natural resources. THE PEOPLE'S REPUBLIC OF BANGLADESH Arms and ammunition and allied defense equipment; atomic energy; air transport; telecommunication (common carrier services); generation (excluding stand-by generation) and distribution of electricity; forest extraction (mechanised); sea trawling, commercial trading; insurance; indenting; public utilities; shipping-, oil and gas (except for hydrocarbon exploration through production contract/joint venture); oil refining and products marketing (except under joint venture); communication satellite; housing and ownership of real estate.
Appears in 2 contracts
Samples: Investment Treaty, Treaty
ENTRY INTO FORCE AND DURATION AND TERMINATION. 1. This Treaty shall be ratified by each of the Parties Parties, and the ratifications instruments of ratification thereof shall be exchanged as soon as possible.
2. This treaty Treaty shall enter into force thirty (30) days after the date of exchange of ratificationsthe instruments of ratification. It shall remain in force for a period of ten (10) years and shall continue in force unless terminated in accordance with Paragraph 3 of this Article. It shall apply to investments existing at the time of entry into force as well as to investments made or acquired thereafter.
3. Either Party may, by giving one (1) year's written notice to the other Party, terminate this Treaty at the end of the initial ten (10) year period or at any time thereafter.
4. With respect to investments made or acquired prior to the date of termination of this Treaty and to which this Treaty otherwise applies, the provisions of all of the other Articles of this Treaty shall thereafter continue to be effective for a further period of ten (10) years from such date of termination.
5. In Witness Thereof, the respective plenipotentiaries have signed The attached Annex and Protocol are integral parts of this Treaty. Done DONE in duplicate at Washington on the 12th this twenty-ninth day of March 1986 September 1982* in the English and Bangla Arabic languages, both texts being equally authentic. For the Government of the United States of America: XXXXXXX XXXXXXXX. XXXXX, Xx. For the Government of the People's Arab Republic of BangladeshEgypt: XXXXXXXX XXXXXXXXX XXXXXX. * As modified by the Supplementary Protocol, signed at Cairo, March 11, 1986, ANNEX Consistent with Article II paragraph 3, each Party reserves the right to maintain limited exceptions in the sectors or matters it has indicated below: below THE UNITED STATES OF AMERICA Air transportation; , ocean and coastal shipping; banking; insurance; government grants; government insurance and loan programs; energy and power production; use of land and natural resources; custom house brokers; ownership of real estate; ownership and operation of broadcast or common earner radio and television stationsbroadcasting; ownership of shares in the Communications Satellite Corporation; the provision of common carrier telephone and telegraph services; the provision of submarine cable services; use of land and natural resourcessatellite communications. THE PEOPLE'S REPUBLIC OF BANGLADESH Arms EGYPT Air and ammunition sea transportation; maritime agencies; land transportation other than that of tourism; mail, telecommunication, telegraph services and allied defense equipmentother public services which are state monopolies; atomic energy; air transport; telecommunication (common carrier services); generation (excluding stand-by generation) banking and distribution of electricity; forest extraction (mechanised); sea trawling, commercial trading; insurance; indentingcommercial activity such as distribution, wholesaling, retailing, import and export activities; public utilitiescommercial agency and broker activities; shipping-, oil and gas (except for hydrocarbon exploration through production contract/joint venture); oil refining and products marketing (except under joint venture); communication satellite; housing and ownership of real estate; use of land; natural resources; national loans; radio, television, and the issuance of newspapers and magazines. On signing the Treaty concerning the Reciprocal Encouragement and Protection of Investments, the Arab Republic of Egypt and the United States of America have, in addition, agreed on the following provisions which should be regarded as an integral part of the Treaty:
1. Each Party reserves the right to deny the benefits of this Treaty to any company of either Party, or its affiliates or subsidiaries, if nationals of any third country control such company, affiliate or subsidiary; provided that, whenever one Party concludes that the benefits of this Treaty should not be extended for this reason, it shall promptly consult with the other Party to seek a mutually satisfactory resolution of this matter.
Appears in 1 contract
Samples: Treaty
ENTRY INTO FORCE AND DURATION AND TERMINATION. 1. This Treaty shall be ratified by each of the Parties Parties, and the ratifications instruments of ratification thereof shall be exchanged as soon as possible.
2. This treaty Treaty shall enter into force thirty (30) days after the date of exchange of ratificationsthe instruments of ratification. It shall remain in force for a period of ten (10) years and shall continue in force unless terminated in accordance with Paragraph 3 of this Article. It shall apply to investments existing at the time of entry into force as well as to investments made or acquired thereafter.
3. Either Party may, by giving one (1) year's written notice to the other Party, terminate this Treaty at the end of the initial ten (10) year period or at any time thereafter.
4. With respect to investments made or acquired prior to the date of termination of this Treaty and to which this Treaty otherwise applies, the provisions of all of the other Articles of this Treaty shall thereafter continue to be effective for a further period of ten (10) years from such date of termination.
5. In Witness Thereof, the respective plenipotentiaries have signed The attached Annex and Protocol are integral parts of this Treaty. Done DONE in duplicate at Washington on the 12th this twenty-ninth day of March 1986 September 19822 in the English and Bangla Arabic languages, both texts being equally authentic. For the Government of the United States of America: XXXXXXX XXXXXXXX. XXXXX, Xx. For the Government of the People's Arab Republic of BangladeshEgypt: XXXXXXXX XXXXXXXXX XXXXXX. 2 As modified by the Supplementary Protocol, signed at Cairo, March 11, 1986. Consistent with Article II paragraph Paragraph 3, each Party reserves the right to maintain limited exceptions in the sectors or matters it has indicated below: THE UNITED STATES OF AMERICA Air transportation; , ocean and coastal shipping; banking; insurance; government grants; government insurance and loan programs; energy and power production; use of land and natural resources; custom house brokers; ownership of real estate; ownership and operation of broadcast or common earner radio and television stations; ownership of shares in the Communications Satellite Corporation; the provision of common carrier broadcasting, telephone and telegraph services; the provision of submarine cable services; use of land and natural resourcessatellite communications. THE PEOPLE'S ARAB REPUBLIC OF BANGLADESH Arms EGYPT Air and ammunition sea transportation; maritime agencies; land transportation other than that of tourism; mail, telecommunication, telegraph services and allied defense equipmentother public services which are state monopolies; atomic energy; air transport; telecommunication (common carrier services); generation (excluding stand-by generation) banking and distribution of electricity; forest extraction (mechanised); sea trawling, commercial trading; insurance; indentingcommercial activity such as distribution, wholesaling, retailing, import and export activities; public utilitiescommercial agency and broker activities; shipping-, oil and gas (except for hydrocarbon exploration through production contract/joint venture); oil refining and products marketing (except under joint venture); communication satellite; housing and ownership of real estate; use of land; natural resources; national loans; radio, television, and the issuance of newspapers and magazines. 3 Text as agreed in Supplementary Protocol, signed at Cairo, March 11, 1986. This replaces the protocol of September 29, 1982. On signing the Treaty concerning the Reciprocal Encouragement and Protection of Investments, the Arab Republic of Egypt and the United States of America have, in addition, agreed on the following provisions which should be regarded as an integral part of this Treaty:
1. Each Party reserves the right to deny the benefits of this Treaty to any company of either Party, or its affiliates or subsidiaries, if nationals of any third country control such company, affiliate or subsidiary; provided that, whenever one Party concludes that the benefits of this Treaty should not be extended for this reason, it shall promptly consult with the other Party to seek a mutually satisfactory resolution of this matter.
Appears in 1 contract
Samples: Investment Treaty
ENTRY INTO FORCE AND DURATION AND TERMINATION. 1. This Treaty shall be ratified by each of the Parties and the ratifications thereof shall be exchanged as soon as possible.
2. This treaty shall enter into force thirty days after the date of exchange of ratifications. It shall remain in force for a period of ten years and shall continue in force unless terminated in accordance with Paragraph 3 of this Article. It shall apply to investments existing at the time of entry into force as well as to investments made or acquired thereafter.
3. Either Party may, by giving one year's written notice to the other Party, terminate this Treaty at the end of the initial ten year period or at any time thereafter.
4. With respect to investments made or acquired prior to the date of termination of this Treaty and to which this Treaty otherwise applies, the provisions of all of the other Articles of this Treaty shall thereafter continue to be effective for a further period of ten years from such date of termination. In Witness Thereof, the respective plenipotentiaries have signed this Treaty. Done in duplicate at Washington on the 12th day of March 1986 in the English and Bangla languages, both texts being equally authentic. For the Government of the United States of America: XXXXXXX XXXXXXX. For the Government of the People's Republic of Bangladesh: XXXXXXXX XXXX. Consistent with Article II paragraph 3, each Party reserves the right to maintain limited exceptions in the sectors or matters it has indicated below: THE UNITED STATES OF AMERICA Air transportation; ocean and coastal shipping; banking; insurance; government grants; government insurance and loan programs; energy and power production; custom house brokers; ownership of real estate; ownership and operation of broadcast or common earner radio and television stations; ownership of shares in the Communications Satellite Corporation; the provision of common carrier telephone and telegraph services; the provision of submarine cable services; use of land and natural resources. THE PEOPLE'S REPUBLIC OF BANGLADESH Arms and ammunition and allied defense equipment; atomic energy; air transport; telecommunication (common carrier services); generation (excluding stand-by generation) and distribution of electricity; forest extraction (mechanised); sea trawling, commercial trading; insurance; indenting; public utilities; shipping-, oil and gas (except for hydrocarbon exploration through production contract/joint venture); oil refining and products marketing (except under joint venture); communication satellite; housing and ownership of real estate. The duly authorized Plenipotentiaries of the Parties have agreed upon the following provisions clarifying their intent in respect to certain Articles of the Treaty Concerning Treatment and Protection of Investment signed this date, which shall be considered integral parts of the Treaty:
1. Each Party shall accord, under its laws and regulations, to investments and associated activities in its territory of nationals or companies of the other Party, treatment no less favorable than that which it accords in like situations to investments and related activities of its own nationals or companies or of nationals or companies of any third country, whichever is the most favorable. Application of laws and regulations shall not impair the substance of rights guaranteed by this Treaty. Associated activities include:
(a) the establishment, control and maintenance of branches, agencies, offices, factories or other facilities for the conduct of business;
(b) the organization of companies under applicable laws and regulations; the acquisition of companies or interests in companies or in their property; and the management, control, maintenance, use, enjoyment and expansion, and time sale, liquidation, dissolution or other disposition, of companies organized or acquired.
(c) the making, performance and enforcement of contracts;
(d) the acquisition (whether by purchase, lease or otherwise), ownership and disposition (whether by age, testament or otherwise), of personal property of all kinds, both tangible and intangible;
(e) the leasing of real property appropriate for the conduct of business;
(f) the acquisition, maintenance and protection of copyrights, patents, trademarks, trade secrets, trade names, licenses and other approvals of products and manufacturing processes, and other industrial property rights; and,
(g) the borrowing of funds, the purchase and issuance of equity shares, and the purchase of foreign exchange for imports.
2. The most favored nation provisions of Article II, paragraph 2, shall not apply to advantages accorded by either Party to nationals or companies of any third country by virtue of that Party's binding obligations that derive from full membership in a regional customs union or free trade area.
3. The provisions of Article II, paragraph 4(b), concerning the right of nationals and companies to employ personnel of their choice, shall be subject to the provision of Article X. Furthermore, as for any laws concerning the employment of foreign nationals which require the employment of a Party's own nationals in certain positions or the employment of a certain percentage of its own nationals in positions in connection with investment made in its territory by nationals or companies of the other Part, each Party agrees to administer such laws flexibly, taking into account inter alia, the nature of the investment, the requirements of the positions in question, and the availability of qualified nationals.
4. The parties recognize that restrictions on transfers abroad of sales or liquidation proceeds of an investment will adversely affect future, capital inflows, contrary to the spirit of this Treaty and the interests of the Party imposing those restrictions. Nevertheless, the Parties recognize that Bangladesh may find its foreign exchange reserves at a very low level. In these circumstances, the Government of Bangladesh may temporarily delay transfers of sales or liquidation proceeds, but only (i) in a manner not less favorable than that accorded to comparable transfers to investors of third countries, (ii) to the extent and for the time period necessary to restore its reserves to a minimally acceptable level, but in no case for a period of more than five years, during each year of which an amount of no less than 20% of the value of the proceeds shall be permitted to be transferred; and (iii) after providing the investor an opportunity to invest the sales or liquidation proceeds in a manner which willpreserve its value until transfer occurs.
5. The provisions of this Treaty are not intended to apply to any claims concerning losses incurred prior to the entry into force of this Treaty by nationals or companies of either Party.
Appears in 1 contract
Samples: Treaty