Common use of Nationalization or Expropriation Clause in Contracts

Nationalization or Expropriation. i) Investments of either Contracting State or its natural or juridical persons shall not be subject to sequestration, confiscation or any similar measures and shall enjoy full and complete protection and safety in the territory of the other Contracting State. ii) Neither Contracting States shall take any measures of expropriation or nationalization or freezing or any other measures having effect of this position or to subject the investment to any measures direct or indirect tantamount to expropriation including the leving of taxes, the compulsory sale of all or part of an investment or the impairment or deprivation or its management or control. All such actions refer to as expropriation except when the expropriation: (a) Is done for public purpose, (b) Is accomplished under due procedures of law, (c) Is not discriminatory, (d) Does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural and juridical persons concerned and the party making the expropriation, (e) It is in accordance with a decission of a competent administrative or judicial body, (f) The investor shall have the right to refer to the administrative or judicial bodies to make sure that expropriation has been made in accordance with the principles of the international law, (g) The investor shall have the right to contest against the expropriation or any such measures to the competent court of the Contracting State which have taken these measures, (h) Is accompanied by prompt, adequate and effective compensation. (2) Such compensation shall be computed on the basis of the market value of the investment immediately prior to the moment of time when the decision for nationalization or expropriation was announced or become publicly known and shall be determined in accordance with recognised principles of valuation such as market value; where the market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, interalia, the capital invested, depreciation, capital already repatriated, replacement value, goodwill and other relevant factors. In the event that payment of compensation is delayed, such compensation shall be paid in an amount which would put the investor in a position no less favourable than the position in which he would have been had the compensation been paid immediately after the date of expropriation or nationalization. To achieve this goal the compensation shall include an appropriate interest at a commercially reasonable rate as agreed upon by both Contracting States or at such rate as prescribed by law, for the currency in which the investment is denominated from the date of nationalization or expropriation until the date of payment. (3) When a Contracting State nationalizes or expropriates the investment of a juridical person which is established or licenced under the law in force in its territory and in which the other Contracting State or any of its investors owns shares, stocks, debentures or other rights of interest, it shall ensure that prompt, adequate and effective compensation is received and allowed to be repatriated. Such compensation shall be determined and paid in accordance with the provisions of Paragraph (2) of this Article.

Nationalization or Expropriation. i) Investments of either Contracting State or its natural or juridical persons shall not be subject to sequestration, confiscation or any similar measures and shall enjoy full and complete protection and safety in the territory of the other Contracting State. ii) Neither Contracting States Party shall take any measures of expropriation or nationalization or freezing nationalization, requisition or any other measures having effect of this position or to subject the investment to any measures direct or indirect tantamount to expropriation including the leving of taxeslike effects such as freezing, the compulsory sale of all or part of an investment or the impairment or deprivation or its management or controlinvestment. All such actions refer to as expropriation except when such measure: is done for a public purpose, is accomplished under due procedures of law, is not discriminatory, does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural and legal persons concerned and the party making the expropriation:, it is in accordance with and from a competent court, is accompanied by prompt, adequate and effective compensation. (a) Is done for a public purpose, (b) Is accomplished under due procedures of law, (c) Is not discriminatory, (d) Does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural and juridical legal persons concerned and the party making the expropriation, (e) It is in accordance with a decission of and from a competent administrative or judicial bodycourt, (f) The investor shall have the right to refer to the administrative or judicial bodies to make sure that expropriation has been made in accordance with the principles of the international law,Is accompanied by prompt, adequate and effective compensation. (gii) The investor shall have the right to contest against the expropriation or any such measures to the competent court of the Contracting State Party which have taken these measures, (h) Is accompanied by prompt, adequate and effective compensation. (2iii) Such compensation shall be computed on the basis of the market value of the investment immediately prior to the moment of time when the decision for nationalization or expropriation was announced or become publicly known and shall be determined in accordance with recognised principles of valuation such as market value; where the market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, interalia, the capital invested, depreciationdepreciatian, capital already repatriated, replacement value, goodwill and other relevant factors. In the event that payment of compensation is delayed, such compensation shall be paid in an amount which would put the investor in a position no less favourable than the position in which he would have been had the compensation been paid immediately after the date of expropriation or nationalization. To achieve this goal the total compensation shall include an appropriate interest at a commercially reasonable rate as agreed upon by both Contracting States Parties or at such rate as prescribed by law, for the currency in which the investment is denominated from the date of nationalization or expropriation until the date of payment. (3iv) When a Contracting State Party nationalizes or expropriates the investment of a juridical legal person which is established or licenced under the law in force in its territory and in which the other Contracting State Party or any of its investors owns shares, stocks, debentures or other rights of interest, it shall ensure that prompt, adequate and effective compensation is received and allowed to be repatriated. Such compensation shall be determined and paid in accordance with the provisions of Paragraph (2l)(iii) of this Article.

Nationalization or Expropriation. i) Investments of either Contracting State Party or its natural or juridical legal persons shall not be subject to sequestration, sequestration confiscation or any similar measures and shall enjoy full and complete protection and safety in the territory of the other Contracting State.Party, ii) Neither Contracting States Parties shall take any measures of expropriation or nationalization or freezing or any other measures having effect of this position or to subject the investment to any measures direct or indirect tantamount to expropriation including the leving levying of taxes, the compulsory sale of all or part of an investment or the impairment or deprivation or its management or control. All such actions refer to as expropriation except when the expropriation: (a) Is done for public purpose, (b) Is accomplished under due procedures of law, (c) Is not discriminatory, (d) Does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural and juridical legal persons concerned and the party making the expropriation, (e) It is in accordance with a decission decision of a competent administrative or judicial legal body, (f) The investor shall have the right to refer to the administrative or judicial bodies body to make sure that expropriation has been made in accordance with the principles of the international law, (g) The investor shall have the right to contest against the expropriation or any such measures to the competent court of the Contracting State Party which have taken these measures, (h) Is accompanied by prompt, adequate and effective compensation. (2) Such compensation shall be computed on the basis of the market value of the investment immediately prior to the moment of time when the decision for nationalization or expropriation was announced or become publicly known and shall be determined in accordance with recognised recognized principles of valuation such as market value; where the market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, interalia, the capital invested, depreciation, capital already repatriated, replacement value, goodwill and other relevant factors. In the event that payment of compensation is delayed, such compensation shall be paid in an amount which would put the investor in a position no less favourable than the position in which he would have been had the compensation been paid immediately after the date of expropriation or nationalization. To achieve this goal the compensation shall include an appropriate interest at a commercially reasonable rate as agreed upon by both Contracting States or at such rate as prescribed by law, for the currency in which the investment is calculated on LIBOR basis denominated from the date of nationalization or expropriation until the date of payment. (3) When a Contracting State Party nationalizes or expropriates the investment of a juridical legal person which is established or licenced licensed under the law in force in its territory and in which the other Contracting State Party or any of its investors owns shares, stocks, debentures or other rights of interest, it shall ensure that prompt, adequate and effective compensation is received and allowed to be repatriated. Such compensation shall be determined and paid in accordance with the provisions of Paragraph (2) of this Article.Paragraph

Nationalization or Expropriation. i) 1. Investments of either Contracting State or its natural or juridical persons shall referred to in this Agreement may not be subject to sequestrationmeasures limiting the right of ownership, confiscation possession, control and enjoyment of rights to them, for a fixed or any indefinite period, except as provided for by law or by regulation. 2. Investors' investments by one of the Contracting Parties shall not be directly or indirectly nationalized, expropriated, or subject to measures having similar measures and shall enjoy full and complete protection and safety in effects (hereinafter referred to as expropriation or nationalization) within the territory of the other Contracting State. ii) Neither Contracting States shall take any measures of expropriation or nationalization or freezing or any other measures having effect of this position or to subject the investment to any measures direct or indirect tantamount to expropriation including the leving of taxes, the compulsory sale of all or part of an investment or the impairment or deprivation or its management or control. All such actions refer to as expropriation Part except when the expropriation: (a) Is done for public purpose, (b) Is accomplished under due procedures purposes, for reasons of law, (c) Is not discriminatory, (d) Does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural national interest, against immediate, full and juridical persons concerned effective compensation and the party making the expropriation, (e) It is in accordance with provided that such measures are taken on a decission of a competent administrative or judicial body, (f) The investor shall have the right to refer to the administrative or judicial bodies to make sure that expropriation has been made non-discriminatory basis and in accordance with the principles of the international law, (g) The investor shall have the right to contest against the expropriation or any such measures to the competent court of the Contracting State which have taken these measures, (h) Is accompanied by prompt, adequate law provisions and effective compensationprocedures. (2) Such compensation shall 3. Compensation will be computed on the basis of equivalent to the market value of the investment immediately prior to before the moment of time when the decision for date on which nationalization or expropriation was decisions have been announced or become publicly known and shall made public. In determining the market value, any factor that may have influenced the value must be considered before such measures have been made public by the authorities. The market value will be determined on the basis of accepted international benchmarks. If market valuation difficulties are found, compensation will be determined on the basis of a fair valuation of the investment value, taking into account all relevant factors such as those elements that make up the distinctive features of the investment. Compensation will be determined in accordance with recognised principles of valuation such as market value; where a currency convertible to the market value cannot be readily ascertained, official exchange rate applicable on the compensation shall be determined day on equitable principles taking into account, interalia, which the capital invested, depreciation, capital already repatriated, replacement value, goodwill decision to nationalize or expropriate has been announced or made public and other relevant factors. In the event that payment of compensation is delayed, such compensation shall be paid in an amount which would put the investor in a position no less favourable than the position in which he would have been had the compensation been paid immediately after the date of expropriation or nationalization. To achieve this goal the compensation shall will include an appropriate interest at a commercially reasonable the LIBOR rate as agreed upon by both Contracting States or at such rate as prescribed by law, for the currency in which the investment is denominated from the date of nationalization or expropriation until up to the date of payment. (3) When payment . In the event of a failure between the investor and the Contracting State nationalizes or expropriates Party in whose territory the investment of a juridical person which is established or licenced under has been made, the law in force in its territory and in which the other Contracting State or any of its investors owns shares, stocks, debentures or other rights of interest, it shall ensure that prompt, adequate and effective compensation is received and allowed to be repatriated. Such compensation shall be determined and paid calculated in accordance with Article 9 of this Agreement on settlement of disputes. Once the compensation has been determined, this will have to be paid promptly and the authorization to repatriate must be issued. 4. The provisions of Paragraph (2) paragraph 1 of this ArticleArticle shall also apply to profits deriving from an investment and, in the event of liquidation, the income derived from it. 5. If, following an expropriation, the asset in question has not been used, wholly or in part, for a public purpose, the owner or his representatives have the right to repurchase the good at market price subject to reciprocity.

Nationalization or Expropriation. (i) Investments of either Contracting State or is natural or juridical persons shall not be subject to sequestration or confiscation save with the order of a competent court issued in accordance with laws in force; (ii) Investments of either Contracting State or its natural or juridical persons shall not be subject nationalized expropriated or subjected to sequestration, confiscation any other measure the effects of which would be tantamount to nationalization or any similar measures and shall enjoy full and complete protection and safety expropriation in the territory of the other Contracting State. ii) Neither Contracting States shall take any measures of expropriation or nationalization or freezing or any other measures having effect of this position or to subject State except for the investment to any measures direct or indirect tantamount to expropriation including the leving of taxes, the compulsory sale of all or part of an investment or the impairment or deprivation or its management or control. All such actions refer to as expropriation except when the expropriation: (a) Is done for public purpose, (b) Is accomplished under due procedures of law, (c) Is not discriminatory, (d) Does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural purpose and juridical persons concerned and the party making the expropriation, (e) It is in accordance with a decission of a competent administrative or judicial body, (f) The investor shall have the right to refer to the administrative or judicial bodies to make sure that expropriation has been made in accordance with the principles of the international law, (g) The investor shall have the right to contest against the expropriation or any such measures to the competent court of the Contracting State which have taken these measures, (h) Is accompanied by prompt, adequate and effective compensation.compensation and on condition that such measures are taken on a non-discriminatory basis and in accordance with due process of law; (2iii) Such compensation Compensation shall be computed on the basis of the fair market value of the investment immediately prior to the moment point of time when the decision for nationalization or expropriation was announced or become publicly known and shall be determined in accordance with recognised recognized principles of valuation such as market value; , where the market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, interaliainter alia, the capital invested, depreciation, depreciation capital already repatriated, replacement value, goodwill and other relevant factors. In the event that payment of or compensation is delayed, such compensation shall be paid in an amount which would put the investor in a position no less favourable than the position in which he would have been had the compensation been paid immediately after on the date of expropriation or nationalization. To achieve this goal the compensation shall include an appropriate interest daily rate of compensation at a commercially reasonable rate as agreed upon by both Contracting States or at such rate as prescribed by law, for the currency in which the investment is denominated from the date of nationalization or expropriation until the date of payment.; (3iv) When Where a Contracting State nationalizes or expropriates the investment of a juridical person which is established or licenced licensed under the law in force in its territory and in which the other Contracting State or any of its investors owns shares, stocks, debentures or other rights of interest, it shall ensure that prompt, adequate and effective compensation is received and allowed to be repatriated. Such compensation shall be determined and paid in accordance with the provisions of Paragraph (2i) (iii) of this Article. 2. The provisions of Paragraph (i) of this Article shall also apply to the current returns from an investment as well as, in the event of liquidation, to the proceeds from the liquidation.

Nationalization or Expropriation. i(1) Investments of Investors of either Contracting State or its natural or juridical persons Party shall not be subject nationalised, expropriated or subjected to sequestration, confiscation or any similar measures and shall enjoy full and complete protection and safety in having an equivalent effect In the territory of the other Contracting State. ii) Neither Contracting States shall Party except for any non discriminatory measure of general application which Governments normally take any measures for the purpose of expropriation or nationalization or freezing regulating economic activity in their territories, or any other measures having effect public purpose authorized by laws of this position or to subject the investment to any measures direct or indirect tantamount to expropriation including the leving of taxesthat Party on a non discriminatory basis, the compulsory sale of all or part of an investment or the impairment or deprivation or its management or control. All such actions refer to as expropriation except when the expropriation: (a) Is done for public purpose, (b) Is accomplished under due procedures of law, (c) Is not discriminatory, (d) Does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural and juridical persons concerned and the party making the expropriation, (e) It is in accordance with a decission of a competent administrative or judicial body, (f) The investor shall have the right to refer to the administrative or judicial bodies to make sure that expropriation has been made in accordance with the principles of the international law, (g) The investor shall have the right to contest against the expropriation or any such measures to handed down by the competent court of the Contracting State authorities, and against compensation which have taken these measures, (h) Is accompanied by promptshall be expeditious, adequate full and effective compensationeffectively realizable without undue delay, and shall be freely convertible and transferable. (2) Such The just compensation shall be computed on equivalent to the basis of the genuine market value of the investment immediately prior to the moment of time when in which the decision for nationalization to nationalize or expropriation was expropriate is announced or become publicly known and shall be determined in accordance with recognised principles of valuation such as market value; where the market made public. Whenever that value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into accountin accordance with general internationally recognized criteria of evalution, interalia, such as the capital invested, depreciation, capital already repatriated, replacement value, goodwill and other relevant factors. (3) The affected investor shall have a right, under the law of the Contracting Party making the expropriation, to seek review, by a judicial or other independent authority of that Party, of his or its case and of valuation of his or its investment in accordance with the principles set out in this paragraph. In The Contracting Party making the event expropriation shall made every endeavour to ensure that payment such review is carried out promptly. (4) Where a Contracting Party expropriates the assets of compensation a company which is delayedincorporated or constituted under the law in force in any part of its own territory, such compensation shall be paid in an amount which would put the investor in a position no less favourable than the position and in which he would have been had investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph 1 of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation been paid immediately after in respect of their investment to such investors of the date of expropriation or nationalization. To achieve this goal the compensation other Contracting Party who are owners of those shares. (5) Compensation shall include an appropriate interest at calculated on a commercially reasonable rate as agreed upon by both Contracting States or at such rate as prescribed by law, for the currency in which the investment is denominated six-month UBOR basis accruing from the date of nationalization or expropriation until to the date of payment. (36) When The provisions of paragraph 1 of this Article shall also apply to profits accruing to an investment and, in the event of winding-up, the proceeds of liquidation. (7) The investor of a Contracting State nationalizes or expropriates Party, acting in the investment territory of a juridical person which is established or licenced under the law in force in its territory and in which the other Contracting State or Party, shall not be granted any right, in respect of its investors owns sharesrepossession of an expropriated asset, stocks, debentures or which is not granted to the investor of the other rights of interest, it shall ensure that prompt, adequate and effective compensation is received and allowed to be repatriated. Such compensation shall be determined and paid in accordance with Contracting Party under the provisions of Paragraph (2) of this Articlesame circumstances.

Nationalization or Expropriation. (i) Investments of either Contracting State Party or its natural or juridical persons shall not be subject to sequestration, confiscation or any similar measures and shall enjoy full and complete protection and safety in the territory and in the maritime areas of the other Contracting StateParty. (ii) Neither Contracting States Parties shall take any measures of expropriation or nationalization or freezing or any other measures having effect of this position or to subject the investment of investments to any measures direct or indirect tantamount to expropriation including the leving levying of taxes, the compulsory sale of all or part of an investment or the impairment or deprivation or its management or control. All such actions refer to as expropriation (expropriation) except when the expropriation: (a) Is done for public purpose,. (b) Is accomplished under due procedures of law,. (c) Is not discriminatory,. (d) Does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural and juridical persons concerned and the party making the expropriation,. (e) It is in accordance with a decission of and from a competent administrative or judicial body,court. (f) The investor shall have the right to refer to the administrative or judicial juridical bodies to make sure that expropriation has been made in accordance with the principles of the international law,. (g) The investor shall have the right to contest against the expropriation or any such measures to the competent court of the Contracting State which Party with have taken these measures,. (h) Is accompanied by prompt, adequate and effective compensation. (2) . Such compensation shall be computed on the basis of the fair market value of the investment immediately prior to the moment point of time when the decision discussion for the nationalization or expropriation was announced or become publicly known and shall be determined in accordance with recognised recognized principles of valuation such as market value; value where the market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, interaliainter alia, the capital invested, invested depreciation, capital already repatriated, replacement value, goodwill and other relevant factors. In the event that payment of compensation is delayed, such compensation shall be paid in an amount which would put the investor in a position no less favourable than the position in which he would have been had the compensation been paid immediately after on the date of expropriation or nationalization. To achieve this goal the compensation shall include an appropriate interest at a commercially reasonable rate as agreed upon by both Contracting States states or at such rate as prescribed by law, for the currency in which the investment is denominated from the date of nationalization or expropriation until the date of payment. (3) When . Where a Contracting State Party nationalizes or expropriates the investment of a juridical person which is established or licenced licensed under the law in force in its territory and in which the other Contracting State Party or any of its investors owns shares, stocks, debentures or other rights of interest, it shall ensure that prompt, adequate and effective compensation is received and allowed to be repatriated. Such compensation shall be determined and paid in accordance with the provisions of Paragraph (2) paragraph 2 of this Article.

Nationalization or Expropriation. (i) Investments of either Contracting State or its natural or juridical persons shall not be subject to sequestration, confiscation or any similar measures and shall enjoy full and complete protection and safety in the territory and in the maritime areas of the other Contracting State.; (ii) Neither Contracting States shall take any measures of expropriation or nationalization or freezing or any other measures having effect of this position or to subject the investment to any measures direct or indirect tantamount to expropriation including the leving levying of taxes, the compulsory sale of all or part of an investment or the impairment or deprivation or its management or control. All such actions refer to as expropriation (expropriation) except when the expropriation: (a) Is is done for public purpose,. (b) Is is accomplished under due procedures of law,. (c) Is is not discriminatory,. (d) Does does not violate any specific provision or contractual stability or expropriation contains in an investment agreement between the natural and juridical persons concerned and the party making the expropriation,. (e) It is in accordance with a decission of and from a competent administrative or judicial body,court. (f) The the investor shall have the right to refer to the administrative or judicial juridical bodies to make sure that expropriation has been made in accordance with the principles prinCiples of the international law,. (g) The the investor shall have the right to contest against the expropriation or any such measures to the competent court of the Contracting State which with have taken these measures,. (h) Is is accompanied by prompt, adequate and effective compensation. (2) Such such compensation shall be computed on the basis of the fair market value of the investment immediately prior to the moment point of time when the decision for nationalization or expropriation was announced or become publicly known and shall be determined in accordance with recognised recognized principles of valuation such as market value; value where the market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, interaliainter alia, the capital invested, invested depreciation, capital already repatriated, replacement value, goodwill and other relevant factors. In the event that payment of compensation is delayed, such compensation shall be paid in an amount which would put the investor in a position no less favourable favorable than the position in which he would have been had the compensation been paid immediately after on the date of expropriation or nationalization. To achieve this goal the compensation shall include an appropriate interest at a commercially reasonable rate as agreed upon by both Contracting States or at such rate as prescribed by law, for the currency in which the investment is denominated from the date of nationalization or expropriation until the date of payment.; (3) When Where a Contracting State nationalizes or expropriates the investment of a juridical person which is established or licenced licensed under the law in force in its territory and in which the other Contracting State or any of its investors owns shares, stocks, debentures or other rights of interest, it shall ensure that prompt, adequate and effective compensation is received and allowed to be repatriated. Such compensation shall be determined and paid in accordance with the provisions of Paragraph paragraph (2) of this Article; (4) The provisions of paragraph (1) of this Article shall also apply to the current returns from an investment as well as, in the event of liquidation, to the proceeds from the liquidation.