Common use of Treatment of Investment Clause in Contracts

Treatment of Investment. 1. Each Party shall undertake to maintain a favorable environment for investments in its territory by nationals and companies of the other Party under its laws, regulations, and administrative practices and procedures, and shall permit such investments to be established on terms and conditions that accord treatment no less favorable than the treatment it accords in like situations to investments of its own nationals or companies or to nationals or companies of any third country, whichever is the most favorable. 2. Each Party shall accord existing or new investments in its territory of nationals or companies of the other Party, and associated activities, treatment no less favorable than that which it accords to investments and associated activities of its own nationals or companies or of nationals or companies of any third country, whichever is the most favorable. 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 national laws and regulations; the acquisition of companies or interests in companies; the management, control, maintenance, use, and expansion, and the sale, liquidation, and dissolution of companies organized or acquired; (c) the making, performance and enforcement of contracts; (d) the acquisition, (whether by purchase, lease or otherwise), possession with rights of ownership, and disposition (whether by sale, testament or otherwise), of property, both tangible and intangible; (e) the leasing of real property required for the conduct of business; (f) the acquisition, maintenance, and protection of intellectual property rights, 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. (a) Notwithstanding the preceding provisions of this Article, each Party reserves the right to introduce exceptions relating to one of the sectors or matters listed in the Annex to this treaty. Each Party agrees to notify the other Party of all sectors or matters of possible exception at the time this Treaty enters into force, as well as of all specific exceptions of which it is aware which are in effect on that date. Moreover, each Party agrees to notify the other Party of any future exceptions falling within the sectors or matters listed in the Annex, and to maintain the number of such exceptions at a minimum. Other than with respect to ownership of real property, the treatment accorded pursuant to this subparagraph shall not be less favorable than that accorded in like situations to investments and associated activities of nationals or companies of any third country. However, either Party may require that rights to engage in mining on the public domain shall be dependent on reciprocity. (b) No exception introduced after the date of entry into force of this Treaty shall apply to investments of nationals or companies of the other Party existing in that sector at the time the exception becomes effective. 4. Investments of nationals and companies of either Party shall at all times be accorded fair and equitable treatment and shall enjoy protection and security in the territory of the other Party. The treatment, protection and security of investment shall be in accordance with applicable national laws, and may not be less than that recognized by international law. Neither Party shall in any way impair by arbitrary and discriminatory measures the management, operation, maintenance, use, enjoyment, acquisition, expansion, or disposal of investment made by nationals or companies of the other Party. Each Party shall observe any obligation it may have entered into with regard to investment of nationals or companies of the other Party. (a) Subject to the laws relating to the entry and sojourn of aliens, nationals of either Party shall be permitted to enter and to remain in the territory of the other Party for the purpose of establishing or directing an investment or advising on the operation of an investment to which they, or the aforesaid companies of the first Party that employ them, have committed or are in the process of committing a substantial amount of capital or other resources. (b) Nationals and companies of either Party, and companies which they own or control, shall be permitted to engage, within the territory of the other Party, top managerial personnel of their choice, regardless of nationality, for the planning and operation of their investments. This provision shall not be construed to confer rights with respect to the entry and sojourn of persons in the territory of either Party, except as provided by national law. 6. The Parties recognize that, consistent with paragraphs 1 and 2 of this Article, conditions of competitive equality should be maintained where investments owned or controlled by a Party or its agencies or instrumentalities are in competition, within the territory of such Party, with privately owed or controlled investments of nationals or companies of the other Party. 7. Within the context of its national economic policies and goals, each Party shall endeavor to avoid imposing on the investments of nationals or companies of the other Party conditions which require the export of goods produced or the purchase of goods or services locally. This provision shall not preclude the right of either Party to impose restrictions on the importation of goods into their respective territories. 8. In order to maintain a favorable environment for investments in its territory by nationals or companies of the other Party, each Party shall provide all necessary means to nationals or companies of the other Party to permit them to assert their rights with respect to investment agreements, investment authorizations, and properties, in particular the right of access to its courts, tribunals and administrative agencies, and the right to employ persons of their choice, who otherwise qualify under applicable laws and regulations, regardless of nationality, for the purpose of enforcing their rights. 9. Each Party shall make public all laws, regulations, and administrative practices and procedures that pertain to or affect investments in its territory of nationals or companies of the other Party.

Treatment of Investment. 1. Each Party shall undertake endeavor to maintain a favorable environment for investments in its territory by nationals and companies of the other Party under its laws, regulations, and administrative practices and procedures, and shall permit such investments to be established and acquired on terms and conditions that accord treatment no less favorable than the treatment it accords in like situations to investments of its own nationals or companies or companies, and no less favorable than the treatment it accords in like situations to investments of nationals or companies of any third country, whichever is the most favorable. 2. Each Party shall accord existing or new investments in its territory of nationals or companies of the other Party, and associated activities, treatment no less favorable than that which it accords in like situations to investments and associated activities of its own nationals or companies or companies, and no less favorable than that which it accords in like situations to investments and associated activities of nationals or companies of any third country, whichever is the most favorable. 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 national laws and regulations; the acquisition of companies or interests in companiescompanies or in their property; and the management, control, maintenance, use, enjoyment and expansion, and the sale, liquidation, and dissolution or other disposition, of companies organized or acquired; (c) the making, performance and enforcement of contracts; (d) the acquisition, acquisition (whether by purchase, lease or otherwise), possession with rights of ownership, otherwise),ownership and disposition (whether by sale, testament or otherwise), of propertypersonal property of all kinds, both tangible and intangible; (e) the leasing of real property required appropriate for the conduct of business; (f) the acquisition, maintenance, maintenance and protection of intellectual property rightscopyrights, 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. (a) Notwithstanding the preceding provisions of this Article, each Party reserves the right to introduce maintain limited exceptions relating to the standard of treatment otherwise required if such exceptions fall within one of the sectors or matters listed in the Annex to this treatyTreaty. Each Party agrees to notify the other Party of all sectors or matters of possible exception such exceptions at the time this Treaty enters into force, as well as of all specific exceptions of which it is aware which are in effect on that date. Moreover, each Party agrees to notify the other Party of any future exceptions falling within the sectors or matters listed in the Annex, and to maintain the number of such exceptions at a minimum. Other than with respect to ownership of real property, the treatment accorded pursuant to this subparagraph shall not be less favorable than that accorded in like situations to investments and associated activities of nationals or companies of any third country. However, either Party may require that rights to engage in mining activities on the public domain shall be dependent on reciprocity. (b) No exception introduced after the date of entry into force of this Treaty treaty shall apply to investments of nationals or companies of the other Party existing in that sector at the time the exception becomes effective. 4. Investments Investment of nationals and companies of either Party shall at all times be accorded fair and equitable treatment and shall enjoy full protection and security in the territory of the other Party. The treatment, protection and security of investment shall be in accordance with applicable national laws, and may not shall in no case be less than that recognized required by international law. Neither Party shall in any way impair by arbitrary and discriminatory measures the management, operation, maintenance, use, enjoyment, acquisition, expansion, expansion or disposal of investment made by nationals or companies of the other Party. Each Party shall observe any obligation engagement it may have entered into with regard to investment of nationals or companies of the other Party. (a) Subject to the laws relating to the entry and sojourn of aliens, nationals Nationals of either Party shall be permitted to enter and to remain in the territory of the other Party for the purpose of establishing or directing an investment establishing, developing, directing, administering or advising on the operation of an investment to which they, or the aforesaid companies a company of the first Party that employ employs them, have committed or are in the process of committing a substantial amount of capital or other resources. (b) The rights set forth in this paragraph shall be exercised in accordance with the requirements of the laws and regulations of the parties relating to the entry and sojourn of aliens. The provisions of this paragraph shall be subject to the right of either Party to exclude or expel aliens on grounds related to the maintenance of public order, the protection of the public health, safety or morals, or national security. 6. Nationals and companies of either Party, and companies which they own or control, Party shall be permitted to engage, within the territory of the other Party, top professional, technical and managerial personnel of their choice, regardless of nationality, for the particular purpose of rendering professional, technical and managerial assistance necessary for the planning and operation of their investments. This provision Companies which are incorporated, constituted. or otherwise organized under the applicable laws or regulations of one Party, and which are owned or controlled by nationals or companies of the other Party, shall not be construed permitted to confer rights with respect to the entry and sojourn of persons in engage, within the territory of either the first Party, except as provided by national law.top managerial personnel of their choice regardless of nationality: 67. The Parties recognize that, consistent with paragraphs 1 and 2 of this Article, conditions of competitive equality should be maintained where investments owned or controlled by a Party or its agencies or instrumentalities are in competition, within the territory of such Party, with privately owed owned or controlled investments of nationals or companies of the other Party. 78. Within the context of its national economic policies and goals, each Neither Party shall endeavor to avoid imposing on the impose performance requirements as a condition of establishment, expansion or maintenance of investments of owned by nationals or companies of the other Party conditions Party, which require the or enforce commitments to export of goods produced produced, or the purchase of which specify that goods or services must be purchased locally. This provision shall not preclude the right of either Party to , or which impose restrictions on the importation of goods into their respective territoriesany other similar requirements. 89. In order to maintain a favorable environment for investments in its territory by nationals or companies of the other Party, each Party shall provide all necessary effective means to nationals or companies of the other Party to permit them to assert their asserting claims and enforcing rights with respect to investment agreements, investment authorizationsauthorizations and properties. Each Party shall grant to nationals or companies of the other Party, on terms and conditions no less favorable than those which it grants in like situations to its own nationals or companies, and propertiesno less favorable than those which it grants in like situations to nationals or companies of any third country, in particular the right of access to its courtscourts of justice, administrative tribunals and administrative agencies, and all other bodies exercising adjudicatory authority, and the right to employ persons of their choice, who otherwise qualify under applicable laws and regulations, regulations of the forum regardless of nationality, for the purpose of asserting claims, and enforcing rights, with respect to their rightsinvestments. 910. Each Party party shall make public by existing official means all laws, regulations, and administrative practices and procedures procedures, and adjudicatory decisions that pertain to or affect investments in its territory of nationals or companies of the other Party. 11. The treatment accorded by a Party to nationals or companies of the other Party under the provisions of paragraphs 1 and 2 of this Article shall in any State, Territory, possession, or political or administrative subdivision of the Party be the treatment accorded therein to companies incorporated, constituted or otherwise duly organized in other States, Territories, possessions, or political or administrative subdivisions of the Party.

Treatment of Investment. 1. Each Party shall undertake to maintain a favorable environment for investments in its territory by nationals and companies of the other Party under its laws, regulations, and administrative practices and procedures, and shall permit such investments to be established on terms and conditions that accord treatment no less favorable than the treatment it accords in like situations to investments of its own nationals or companies or to nationals or companies of any third country, whichever is the most favorable. 2. Each Party shall accord existing or new investments in its territory of nationals or companies of the other Party, and associated activities, treatment no less favorable than that which it accords to investments and associated activities of its own nationals or companies or of nationals or companies of any third country, whichever is the most favorable. Associated activities include: (a) the The establishment, control and maintenance of branches, agencies, offices, factories or other facilities for the conduct of business; (b) the The organization of companies under applicable national laws and regulations; the acquisition of companies or interests in companies; the management, control, maintenance, use, and expansion, and the sale, liquidation, and dissolution of companies organized or acquired; (c) the The making, performance and enforcement of contracts; (d) the The acquisition, (whether by purchase, lease or otherwise), possession with rights of ownership, and disposition (whether by sale, testament or otherwise), of property, both tangible and intangible; (e) the The leasing of real property required for the conduct of business; (f) the The acquisition, maintenance, and protection of intellectual property rights, ,patents, trademarks, trade secrets, trade names, licenses and other approvals of products and manufacturing processes, and other industrial property rights; and (g) the The borrowing of funds, the purchase and issuance of equity shares, and the purchase of foreign exchange for imports. 3. (a) Notwithstanding the preceding provisions of this Article, each Party reserves the right to introduce exceptions relating to one of the sectors or matters listed in the Annex to this treaty. Each Party agrees to notify the other Party of all sectors or matters of possible exception at the time this Treaty enters into force, as well as of all specific exceptions of which it is aware which are in effect on that date. Moreover, each Party agrees to notify the other Party of any future exceptions falling within the sectors or matters listed in the Annex, and to maintain the number of such exceptions at a minimum. Other than with respect to ownership of real property, the treatment accorded pursuant to this subparagraph shall not be less favorable than that accorded in like situations to investments and associated activities of nationals or companies of any third country. However, either Party may require that rights to engage in mining on the public domain shall be dependent on reciprocity. (b) No exception introduced after the date of entry into force of this Treaty shall apply to investments of nationals or companies of the other Party existing in that sector at the time the exception becomes effective. 4. Investments of nationals and companies of either Party shall at all times be accorded fair and equitable treatment and shall enjoy protection and security in the territory of the other Party. The treatment, protection and security of investment shall be in accordance with applicable national laws, and may not be less than that recognized by international law. Neither Party shall in any way impair by arbitrary and discriminatory measures the management, operation, operation maintenance, use, enjoyment, acquisition, expansion, or disposal of investment made by nationals or companies of the other Party. Each Party shall observe any obligation it may have entered into with regard to investment of nationals or companies of the other Party. (a) Subject to the laws relating to the entry and sojourn of aliens, nationals of either Party shall be permitted to enter and to remain in the territory of the other Party for the purpose of establishing or directing an investment or advising on the operation of an investment to which they, or the aforesaid companies of the first Party that employ them, have committed or are in the process of committing a substantial amount of capital or other resources. (b) Nationals and companies of either Party, and companies which they own or control, shall be permitted to engage, within the territory of the other Party, top managerial personnel of their choice, regardless of nationality, for the planning and operation of their investments. This provision shall not be construed to confer rights with respect to the entry and sojourn of persons in the territory of either Party, except as provided by national law. 6. The Parties recognize that, consistent with paragraphs 1 and 2 of this Article, conditions of competitive equality should be maintained where investments owned or controlled by a Party or its agencies or instrumentalities are in competition, within the territory of such Party, with privately owed or controlled investments of nationals or companies of the other Party.paragraphs 1 and 2 of this Article, conditions of competitive equality should be maintained where investments owned or controlled by a Party or its agencies or instrumentalities are in competition, within the territory of such Party, with privately owed or controlled investments of nationals or companies of the other Party. 7. Within the context of its national economic policies and goals, each Party shall endeavor to avoid imposing on the investments of nationals or companies of the other Party conditions which require the export of goods produced or the purchase of goods or services locally. This provision shall not preclude the right of either Party to impose restrictions on the importation of goods into their respective territories. 8. In order to maintain a favorable environment for investments in its territory by nationals or companies of the other Party, each Party shall provide all necessary means to nationals or companies of the other Party to permit them to assert their rights with respect to investment agreements, investment authorizations, and properties, in particular the right of access to its courts, tribunals and administrative agencies, and the right to employ persons of their choice, who otherwise qualify under applicable laws and regulations, regardless of nationality, for the purpose of enforcing their rights. 9. Each Party shall make public all laws, regulations, and administrative practices and procedures that pertain to or affect investments in its territory of nationals or companies of the other Party.