Common use of MESSAGE Clause in Contracts

MESSAGE. FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN CONCERNING THE ENCOURAGEMENT AND RE- CIPROCAL PROTECTION OF INVESTMENT, WITH XXXXX, SIGNED AT WASHINGTON ON DECEMBER 16, 1994 INVESTMENT TREATY WITH UZBEKISTAN TREATY DOC. 104–25 ! SENATE " 104 TH CONGRESS 2d Session LETTER OF TRANSMITTAL THE WHITE HOUSE , February 28, 1996. To the Senate of the United States: With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty Between the Govern- ment of the United States of America and the Government of the Republic of Uzbekistan Concerning the Encouragement and Recip- rocal Protection of Investment, with Xxxxx, signed at Washington on December 16, 1994. I transmit also, for the information of the Senate, the report of the Department of State with respect to this Treaty. The bilateral investment treaty (BIT) with Uzbekistan is de- signed to protect U.S. investment and assist the Republic of Uzbekistan in its effort s to develop its economy by creating condi- tions more favorable for U.S. private investment and thus strength- en the development of its private sector. The Treaty is fully consistent with X.X. xxxxxx toward inter- national and domestic investment. A specific xxxxx of X.X. xxxxxx, reflected in this Treaty, is that U.S. investment abroad and foreign investment in the United States should receive national treatment. Under this Treaty, the Parties also agree to international law standards for expropriation and compensation for expropriation; free transfer of funds related to investments; freedom of invest- ments from performance requirements; fair, equitable, and most-fa- vored-nation treatment; and the investor’s or investment’s freedom to choose to resolve disputes with the host government through international arbitration. I recommend that the Senate consider this Treaty as soon as pos- sible, and give its advice and consent to ratification of the Treaty, with annex, at an early date. XXXXXXX X. XXXXXXX .

MESSAGE. FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN CONCERNING THE ENCOURAGEMENT AND RE- CIPROCAL PROTECTION OF INVESTMENT, WITH XXXXX, SIGNED AT WASHINGTON ON DECEMBER 16, 1994 INVESTMENT TREATY WITH UZBEKISTAN TREATY DOCTreaty Doc. 104–25 ! SENATE " 104 TH CONGRESS th Congress 2d Session LETTER OF TRANSMITTAL THE WHITE HOUSE The White House, February 28, 1996. To the Senate of the United States: With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty Between the Govern- ment of the United States of America and the Government of the Republic of Uzbekistan Concerning the Encouragement and Recip- rocal Protection of Investment, with Xxxxx, signed at Washington on December 16, 1994. I transmit also, for the information of the Senate, the report of the Department of State with respect to this Treaty. The bilateral investment treaty (BIT) with Uzbekistan is de- signed to protect U.S. investment and assist the Republic of Uzbekistan in its effort s to develop its economy by creating condi- tions more favorable for U.S. private investment and thus strength- en the development of its private sector. The Treaty is fully consistent with X.X. xxxxxx toward inter- national and domestic investment. A specific xxxxx of X.X. xxxxxx, reflected in this Treaty, is that U.S. investment abroad and foreign investment in the United States should receive national treatment. Under this Treaty, the Parties also agree to international law standards for expropriation and compensation for expropriation; free transfer of funds related to investments; freedom of invest- ments from performance requirements; fair, equitable, and most-fa- vored-nation treatment; and the investor’s or investment’s freedom to choose to resolve disputes with the host government through international arbitration. I recommend that the Senate consider this Treaty as soon as pos- sible, and give its advice and consent to ratification of the Treaty, with annex, at an early date. XXXXXXX Xxxxxxx X. XXXXXXX Xxxxxxx.

MESSAGE. FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN BULGARIA CONCERNING THE ENCOURAGEMENT AND RE- CIPROCAL RECIPROCAL PROTECTION OF INVESTMENT, WITH XXXXXPROTOCOL AND RELATED EXCHANGE OF LETTERS, SIGNED AT WASHINGTON ON DECEMBER 16SEPTEMBER 23, 1994 INVESTMENT TREATY WITH UZBEKISTAN TREATY DOC. 104–25 ! SENATE " 104 TH CONGRESS 2d Session 1992 JANUARY- 21, 1993 -Treaty was read the first time and, together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate LETTER OF TRANSMITTAL THE WHITE HOUSE January 19, February 28, 1996. 1993 To the Senate of the United States: States With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty Between the Govern- ment of the United States of America and the Government of the Republic of Uzbekistan Bulgaria Concerning the Encouragement and Recip- rocal Reciprocal Protection of Investment, with Xxxxxwiih Protocol and related exchange of letters, signed at Washington on December 16September 23, 19941992. I transmit also, for the information of the Senate, the report of the Department of State with respect to this Treaty. The bilateral investment treaty (BIT) with Uzbekistan is de- signed Treaty will help to protect encourage U.S. private sector involvement in the Bulgarian economy by establishing a favorable legal framework for U.S. investment and assist the Republic of Uzbekistan in its effort s to develop its economy by creating condi- tions more favorable for U.S. private investment and thus strength- en the development of its private sectorBulgaria. The Treaty is fully consistent with X.X. xxxxxx toward inter- national and domestic international investment. A specific xxxxx of X.X. xxxxxxxxxxx, reflected in this Treaty, is that U.S. investment abroad and foreign investment in the United States should receive national fair, equitable, and nondiscriminatory treatment. Under this Treaty, the Parties also agree to international law standards for expropriation and compensation for expropriationexpropriation compensation; free transfer transfers of funds related to associated with investments; freedom of invest- ments from performance requirements; fair, equitable, and most-fa- vored-nation treatment; and the investor’s or investment’s freedom to choose option of the investor to resolve disputes with the host government through international arbitration. I recommend that the Senate consider this Treaty as soon as pos- siblepossible, and give its advice and consent to ratification of the Treaty, with annexProtocol and related exchange of letters, at an early date. XXXXXXX X. XXXXXXX XXXXXX XXXX. LETTER OF SUBMITTAL DEPARTMENT OF STATE Washington, January 12, 1993. 9300320 The President, The White House THE PRESIDENT: I have the honor to submit to you the Treaty Between the United States of America and the Republic of Bulgaria Concerning the Encouragement and Reciprocal Protection of Investment, with Protocol and related exchange of letters, signed at Washington on September 23, 1992. I recommend that this Treaty, with Protocol and related exchange of letters, be transmitted to the Senate for its advice and. consent to ratification. This marks the fourth bilateral investment treaty (BIT) or business and economic relations treaty that the United States has signed with an Eastern European partner. This Treaty will assist Bulgaria in its transition to a market economy by creating favorable conditions for U.S. private investment, helping to attract such investment and thus strengthening the development of the private sector. It is X.X. xxxxxx, however, to advise potential treaty partners that conclusion of a BIT does not necessarily result in immediate increases in private U.S. investment flows. The United States has also signed BITs with Argentina, Armenia, Bangladesh, Cameroon, the Congo, the Czech and Slovak Federal Republic, Egypt, Grenada, Haiti, Kazakhstan, Morocco, Panama, Romania, Russia, Senegal, Sri Lanka, Tunisia, Turkey and Zaire--and a business and economic relations treaty with Poland, which contains the BIT elements. The Office of the United States Trade Representative and the Department of State jointly lead BIT negotiations, with assistance froni the Departments of Commerce and Treasury. THE UNITED STATES-BULGARIA TREATY The Treaty with Bulgaria satisfies the principal BIT objectives, which are: Investments of nationals and companies of either Party in the territory of the other Party (Investments) receive the better of national treatment or most-favored-nation (MFN) treatment, subject to certain specified exceptions, both on establishment and thereafter; Investments are guaranteed freedom from performance requirements, including requirements to use local products or to export local goods; Companies which are investments may hire top managers of their choice, regardless of nationality, Expropriation can occur only in accordance with international al law standards: in a nondiscriminatory manner, for a public purpose; and upon payment of prompt, adequate, and effective compensation; Investments are guaranteed the unrestricted transfer of funds in a freely usable currency, and nationals and companies of either Party, in investment disputes with the host government, have access to binding international arbitration, without first resorting to domestic courts. Described below are significant provisions in the U.S.-Bulgaria Treaty which either differ from some of our past BITs or warrant special mention.

MESSAGE. FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN CONCERNING THE ENCOURAGEMENT AND RE- CIPROCAL RECIPROCAL PROTECTION OF INVESTMENT, WITH XXXXX, SIGNED AT WASHINGTON ON DECEMBER 16, 1994 INVESTMENT TREATY WITH UZBEKISTAN TREATY DOCFebruary 28, 1996.--Agreement was read the first time and, together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate. 104–25 ! SENATE " 104 TH CONGRESS 2d Session LETTER OF TRANSMITTAL THE WHITE HOUSE ---------- The White House, February 28, 1996. To the Senate of the United States: With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty Between the Govern- ment Government of the United States of America and the Government of the Republic of Uzbekistan Concerning the Encouragement and Recip- rocal Reciprocal Protection of Investment, with Xxxxx, signed at Washington on December 16, 1994. I transmit also, for the information of the Senate, the report of the Department of State with respect to this Treaty. The bilateral investment treaty (BIT) with Uzbekistan is de- signed designed to protect U.S. investment and assist the Republic of Uzbekistan in its effort s efforts to develop its economy by creating condi- tions conditions more favorable for U.S. private investment and thus strength- en strengthen the development of its private sector. The Treaty is fully consistent with X.X. xxxxxx toward inter- national international and domestic investment. A specific xxxxx of X.X. xxxxxx, reflected in this Treaty, is that U.S. investment abroad and foreign investment in the United States should receive national treatment. Under this Treaty, the Parties also agree to international law standards for expropriation and compensation for expropriation; free transfer of funds related to investments; freedom of invest- ments investments from performance requirements; fair, equitable, and most-fa- voredfavored-nation treatment; and the investor’s 's or investment’s 's freedom to choose to resolve disputes with the host government through international arbitration. I recommend that the Senate consider this Treaty as soon as pos- siblepossible, and give its advice and consent to ratification of the Treaty, with annex, at an early date. XXXXXXX Xxxxxxx X. XXXXXXX Xxxxxxx. LETTER OF SUBMITTAL ---------- Department of State, Washington, January 31, 1996. The President, The White House. I have the honor to submit to you the Treaty Between the Government of the United States of America and the Government of the Republic of Uzbekistan Concerning the Encouragement and Reciprocal Protection of Investment, with Annex, signed at Washington on December 16, 1994. I recommend that this Treaty, with Xxxxx, be transmitted to the Senate for its advice and consent to ratification. The bilateral investment treaty (BIT) with Uzbekistan is based on the view that an open investment policy contributes to economic growth. This Treaty will assist the Republic of Uzbekistan in its efforts to develop its economy by creating conditions more favorable for U.S. private investment and thus strengthen the development of its private sector. It is X.X. xxxxxx, however, to advise potential treaty partners during BIT negotiations that conclusion of such a treaty does not necessarily result in immediate increases in private U.S. investment flows. To date, twenty-one BITs are in force for the United States--with Argentina, Bangladesh, Bulgaria, Cameroon, the Congo, the Czech Republic, Egypt, Grenada, Kazakstan, Kyrgyzstan, Moldova, Morocco, Panama, Poland, Romania, Senegal, Slovakia, Sri Lanka, Tunisia, Turkey, and Zaire. In addition to the Treaty with Uzbekistan, the United States has signed, but not yet brought into force, BITs with Albania, Armenia, Belarus, Ecuador, Estonia, Georgia, Haiti, Honduras, Jamaica, Latvia, Mongolia, Nicaragua, Russia, Trinidad and Tobago, and Ukraine. The Office of the United States Trade Representative and the Department of State jointly led this BIT negotiation, with assistance from the Departments of Commerce and Treasury. the united states-uzbekistan treaty The Treaty with the Government of the Republic of Uzbekistan is based on the 1994 U.S. prototype BIT and satisfies the United States' principal objectives in bilateral investment treaty negotiations: --All forms of U.S. investment in the territory of the Republic of Uzbekistan are covered. --Covered investments receive the better of national treatment or most-favored-nation (MFN) treatment both on establishment and thereafter, subject to certain specified exceptions. --Performance requirements may not be imposed upon or enforced against covered investments. --Expropriation can occur only in accordance with international law standards, that is, for a public purpose; in a nondiscriminatory manner; in accordance with due process of law; and upon payment of prompt, adequate, and effective compensation. --The unrestricted transfer, in a freely usable currency, of funds related to a covered investment is guaranteed. --Investment disputes with the host government may be brought by investors, or by their subsidiaries, to binding international arbitration as an alternative to domestic courts. The United States-Uzbekistan Treaty does not differ in any significant way from the 1994 prototype. The following is an article-by-article analysis of the provisions of the Treaty: Title and Preamble The Title and Preamble state the goals of the Treaty. Foremost is the encouragement and protection of investment. Other goals include economic cooperation on investment issues; the stimulation of economic development; higher living standards; promotion of respect for internationally-recognized worker rights; and maintenance of health, safety, and environmental measures. While the Preamble does not impose binding obligations, its statement of goals may assist in interpreting the Treaty and in defining the scope of Party-to- Party consultation procedures pursuant to Article VIII. Article I (Definitions) Article I defines terms used throughout the Treaty. In general, the definitions are designed to be broad and inclusive in nature. Company, Company of a Party The definition of ``company'' is broad, covering all types of legal entities constituted or organized under applicable law, and includes corporations, trusts, partnerships, sole proprietorships, branches, joint ventures, and associations. The definition explicitly covers charitable and not-for-profit entities, as well as entities that are owned or controlled by the state. ``Company of a Party'' is defined as a company constituted or organized under the laws of that Party. National The Treaty defines ``national'' as a natural person who is a national of a Party under its own laws. Under U.S. law, the term ``national'' is broader than the term ``citizen.'' For example, a native of American Samoa is a national of the United States, but not a citizen. Investment, Covered Investment The Treaty's definition of investment is broad, recognizing that investment can take a wide variety of forms. Every kind of investment is specifically incorporated in the definition; moreover, it is explicitly noted that investment may consist or take the form of any of a number of interests, claims, and rights. Establishing a subsidiary is a common way of making an investment. Other forms that an investment might take include equity and debt interests in a company; contractual rights; tangible, intangible, and intellectual property; and rights conferred pursuant to law. Investment as defined by the Treaty generally excludes claims arising solely from trade transactions, such as a sale of goods across a border that does not otherwise involve an investment. The Treaty defines ``covered investment'' as an investment of a national or company of a Party in the territory of the other Party. An investment of a national or company is one that the national or company owns or controls, either directly or indirectly. Indirect ownership or control could be through other, intermediate companies or persons, including those of third countries. Control is not specifically defined in the Treaty; ownership of over fifty percent of the voting stock of a company would normally convey control, but in many cases the requirement could be satisfied by less than that proportion, or by other arrangements. The broad nature of the definitions of ``covered investment,'' combined with the definitions of ``investment,'' ``company,'' and ``company of a Party'' means that investments can be covered by the Treaty even if ultimate control lies with non-Party nationals. A Party may, however, deny the benefits of the Treaty in the limited circumstances described in Article XII. State Enterprise, Investment Authorization, Investment Agreement The Treaty defines ``state enterprise'' as a company owned, or controlled through ownership interests, by a Party. Purely regulatory control over a company does not qualify it as a state enterprise. The Treaty defines an ``investment authorization'' as an authorization granted by the foreign investment authority of a Party to a covered investment or a national or company of the other Party. The Treaty defines an ``investment agreement'' as a written agreement between the national authorities of a Party and a covered investment or a national or company of the other Party that (1) grants rights with respect to natural resources or other assets controlled by the national authorities; and (2) the investment, national, or company relies upon in establishing or acquiring a covered investment. This definition thus excludes agreements with subnational authorities (including U.S. States) as well as agreements arising from various types of regulatory activities of the national government, including, in the tax area, rulings, closing agreements, and advance pricing agreements. ICSID Convention, Centre, UNCITRAL Arbitration Rules The ``ICSID Convention,'' ``Centre,'' and ``UNCITRAL Arbitration Rules'' are explicitly defined to make the text brief and clear.

MESSAGE. FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT KINGDOM OF THE REPUBLIC OF UZBEKISTAN MOROCCO CONCERNING THE ENCOURAGEMENT AND RE- CIPROCAL RECIPROCAL PROTECTION OF INVESTMENTINVESTMENTS, WITH XXXXXPROTOCOL, SIGNED AT WASHINGTON ON DECEMBER 16JULY 22 ,1985 March 25, 1994 INVESTMENT TREATY WITH UZBEKISTAN TREATY DOC. 104–25 ! SENATE " 104 TH CONGRESS 2d Session 1986.-Treaty was read the first time and, together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1986 LETTER OF TRANSMITTAL THE WHITE HOUSE HOUSE, February 28March 25, 19961986. To the Senate of the United States: With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty Between the Govern- ment of the United States of America and the Government Kingdom of the Republic of Uzbekistan Morocco Concerning the Encouragement and Recip- rocal Reciprocal Protection of Investment, with XxxxxProtocol, signed July 22, 1985 at Washington on December 16, 1994Washington. I transmit also, for the information of the Senate, the report of the Department of State with respect to this Treaty. The bilateral investment This treaty is among the first six treaties to be transmitted to the Senate under the Bilateral Investment Treaty (BIT) with Uzbekistan program which I initiated in 1981. The BIT program is de- signed designated to encourage and protect U.S. investment and assist the Republic of Uzbekistan in its effort s to develop its economy by creating condi- tions more favorable for U.S. private investment and thus strength- en the development of its private sectordeveloping countries. The This Treaty is an integral part to encourage Morocco and other governments to adopt macroeconomic and structural policies that will promote economic growth. It is also fully consistent with X.X. xxxxxx toward inter- national and domestic international investment. That policy holds that an open international investment system in which participants respond to market forces provides the best and most efficient mechanism to promote global economic development A specific xxxxx of X.X. xxxxxxxxxxx, reflected in this Treatytreaty, is that U.S. direct investment abroad and foreign investment in the United States should receive national fair, equitable, and non- discriminatory treatment. Under this Treatytreaty, the Parties parties also agree to international law standards for expropriation and compensation for expropriationcompensation; free transfer of funds related to investments; freedom of invest- ments from performance requirements; fair, equitable, and most-fa- vored-nation treatmentfinancial transfers; and the investor’s or investment’s freedom to choose to resolve disputes with the host government through procedures, including international arbitration, for the settlement of investment disputes. I recommend that the Senate consider this Treaty as soon as pos- siblepossible, and give its advice and consent to ratification of the Treaty, with annexProtocol and related exchange of letters, at an early date. XXXXXXX X. XXXXXXX .XXXXXX XXXXXX. LETTER OF SUBMITTAL DEPARTMENT OF STATE, Washington, February 20, 1986. The PRESIDENT, The White House THE PRESIDENT: I have the honor to submit to you the Treaty Between the United States of America and the Kingdom of Morocco Concerning the Reciprocal Encouragement and Protection of Investment, with Protocol and a related exchange of letters, signed at Washington July 22, 1986. This treaty is among the first six treaties to be negotiated under the bilateral investment treaty (BIT) program which you initiated in 1981. Development of the BIT program and the negotiation of the individual treaties have been pursued by the Office of the United States Trade Representative and the Department of State with the active participation of the Departments of Commerce and Treasury, in conjunction with other interested U.S. Government agencies. I recommend that this treaty, as well as the others concluded with the Republic of Haiti, the Republic of Panama, the Republic of Senegal, Republic of Turkey, and the Republic of Zaire, be submitted to the Senate for its advice and consent to ratification. In 1981 you initiated the global bilateral investment treaty (BIT) program to encourage and protect U.S. investment in developing countries. By providing certain mutual guarantees and protections, a BIT creates a more stable and predictable legal framework for foreign investors in the territory of each of the treaty Parties. The negotiation of a series of bilateral treaties with interested countries establishes greater international discipline in the investment area. The BITs which have been signed as well as others under negotiation are an integral part of U.S. efforts to encourage other governments to adopt macroeconomic and structural policies that will promote economic growth. They are also fully consistent with your policy statement on international investment of September 9, 1983, which states that international direct investment flows should be determined by private market forces and should receive fair, equitable and non- discriminatory treatment. Our experience to date has shown that interested countries are willing to provide U.S. investors with significant investment guarantees and assurances as a way of inducing additional foreign investment. It is X.X. xxxxxx to advise potential treaty partners that conclusion of a BIT with the United States is an important and favorable factor in the investment relationship, but does not in of itself result in immediate increases in U.S. investment flows. Congressional support for the BIT program is reflected in Section 601(a) and (b) of the Foreign Assistance Act, as amended, in particular at Section 601(b) which provides: