Common use of Expropriation and Nationalization Clause in Contracts

Expropriation and Nationalization. 1. Investments of investors of one Contracting Party in the territory of the other Contracting Party shall not be subjected to any expropriation or nationalization or any other measures having similar effects (hereinafter expropriation) except for public purposes, under due process of law, on a non-discriminatory basis and accompanied by payment of prompt, effective and adequate compensation. 2. The compensation shall be equivalent to the market value of the expropriated investment immediately before it shall take the measure of expropriation was formally notified the impending or before the same public notice, whichever comes first (hereinafter referred to as the valuation date). 3. The market value shall be calculated in freely convertible currency at the rate of exchange prevailing for that currency on the valuation date. the compensation shall include at a commercial interest rate according to market criteria established for that currency from the date of expropriation until the date of payment. The compensation shall be paid without delay, be effectively realizable and freely transferable. 4. The Investor affected shall have a right under the law of the contracting party making the expropriation, to prompt review of their case by a judicial authority or another competent and independent authority of that Contracting Party to determine whether such expropriation and the valuation of its investment have been adopted in accordance with the principles set out in this article. 5. If a Contracting Party expropriates the assets of a company which is constituted in its territory in accordance with its applicable laws and in which there is a participation of investors of the other Contracting Party, the first Contracting Party shall ensure that the provisions of this Article are applied so as to guarantee such investors to prompt, effective and adequate compensation.

Expropriation and Nationalization. 1. Investments of investors of one Contracting Party in the territory of the other Contracting Party shall not be subjected to any expropriation or nationalization or any other measures having similar effects (hereinafter expropriation) except for reasons of public purposesinterest or social purpose, under due process of law, on a non-discriminatory basis and accompanied by payment of prompt, effective and adequate compensation. 2. The compensation shall be equivalent to the fair market value of the expropriated investment was immediately before it shall take taking the measure of expropriation was formally notified the impending or before the impending outside the same public noticeknowledge, whichever comes first (hereinafter referred to as the valuation date). 3. The fair market value shall be calculated in a freely convertible currency at the rate of exchange prevailing for that currency on the valuation date. the compensation shall include at a commercial interest rate according to market criteria established for that currency from the date of expropriation until the date of payment. The the compensation shall be paid without undue delay, be effectively realizable and freely transferable. 4. The Investor affected shall have a right under the law of the contracting party Contracting Party making the expropriation, to prompt review of their case by a judicial authority or another competent and independent authority of that Contracting Party of its case to determine whether such expropriation and the valuation of its investment have been adopted in accordance with the principles set out in this articleArticle. 5. If a Contracting Party expropriates the assets of a company which is constituted in its territory in accordance with its applicable laws and in which there is a participation of investors of the other Contracting Party, the first Contracting Party shall ensure that the provisions of this Article are applied to investors so as to guarantee such investors to prompt, effective and adequate compensation. 6. The Contracting Parties may establish, in accordance with the law and for reasons of public interest or social purpose, monopolies depriving an investor to develop an economic activity. the investor shall receive prompt, effective and adequate compensation, under the conditions laid down in this article. 7. The Contracting Parties confirm that Complusory Issuance of Licenses in accordance with the WTO TRIPS Agreement may not be challenged under the provisions of this Article.

Expropriation and Nationalization. 1. Investments of made by investors of one Contracting Party in the territory of the other Contracting Party shall not be nationalised, expropriated or subjected to any expropriation or nationalization or any other measures measure having similar effects (hereinafter expropriation) except for reasons of public purposesinterest or social purpose, under due process of law, on a non-and provided that such measures are non- discriminatory basis and are accompanied by payment of prompt, effective and adequate compensation. 2. The compensation shall be equivalent to the fair market value of the expropriated investment had immediately before it shall take the adoption of the measure of expropriation was formally notified the impending or before the impending outside the same public noticeknowledge, whichever comes first is earlier (hereinafter referred to as "the valuation date"). 3. The fair market value shall be calculated in a freely convertible currency at the rate of exchange prevailing for that currency on the valuation date. the The compensation shall include at a commercial interest rate according to market criteria established for that currency include, from the date of expropriation until the date of payment, at a commercial interest rate according to the market criteria established for that currency. The compensation shall be paid without delay, be effectively realizable and freely transferable. 4. The Investor affected shall have a right under the law of the contracting party making the expropriation, to prompt review of their case by a judicial authority or another competent and independent authority of that Contracting Party to prompt review of its case, to determine whether such expropriation and the valuation of its investment have has been adopted made in accordance with the principles set out in this article. 5. If a Contracting Party expropriates the assets of a company which is constituted in its territory in accordance with its applicable laws legislation and participation in which there is a participation of investors of the other Contracting Partycontracting party, the first Contracting Party shall ensure that the application of the provisions of this Article are applied so as article in order to guarantee such investors to prompt, effective and adequate compensation.