Posted the: 2014-04-18 Numac: 2012015168 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 25 August 2012. -Law approving the agreement between the Belgo-Luxembourg Economic Union and the Government of the State of Qatar concerning mutual investment encouragement and protection, made in Doha on November 6, 2007 (1) (2) (3) ALBERT II, King of the Belgians, all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. the agreement between the Belgo-Luxembourg Economic Union and the Government of the State of Qatar concerning mutual investment encouragement and protection, made in Doha on November 6, 2007, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Split, on August 25, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister for Foreign Affairs, international trade and European Affairs, D. REYNDERS seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
Senate Documents. -Bill filed on 03/13/2012, no. 5 - 1529/1.
-Report, n ° 5-1529/2.
Parliamentary Annals. -Discussion and vote. Session of 05/07/2012.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 53-2336/1. -Report on behalf of the Committee, no. 53-2336/2. -Text adopted in plenary and subject to Royal assent, session No. 53-2336/3.
Parliamentary Annals. -Discussion and vote. Meeting of 19/07/2010.
(2) see Decree of the Flemish Region of 09/07/2010 (Moniteur belge of 26/07/2010), Decree of the Walloon Region from 04/02/2012 (Moniteur belge of 02/03/2010), order of the Region of Brussels - capital of 15/03/2012 (Moniteur belge of 28 / 03 / 2012).
(3) this agreement comes into force 30/04/2014, in accordance with article 15 thereof.
Agreement between the Belgo-Luxembourg Economic Union and the Government of the State of Qatar concerning encouragement and protection of reciprocal investments the Kingdom of Belgium, the Walloon Region, the Flemish Region, and the Brussels-Capital Region, as well as the Grand Duchy of Luxembourg, on the one hand, and the Government of the State of Qatar, on the other hand, (hereinafter referred to as the 'Contracting Parties'), wishing to strengthen their economic cooperation in creating favourable conditions for investments by investors of one Contracting Party on the territory of the other Contracting Party, have agreed as follows: Article 1 Definitions for the purposes of this agreement: 1. "investors" means: has) "national", i.e. any natural person who, according to the legislation of the Kingdom of Belgium, the Grand Duchy of Luxembourg or of the State of Qatar is regarded as citizen of the Kingdom of Belgium, the Grand Duchy of Luxembourg or the State of Qatar respectively;
b) societies, i.e. legal persons - among other Government and Government agencies, the interests of capital, companies, firms or trade associations - formed in accordance with the legislation of the Kingdom of Belgium, the Grand Duchy of Luxembourg or the State of the Qatar and having their registered office on the territory of the Kingdom of Belgium, the Grand Duchy of Luxembourg or of the State of Qatar respectively.
2. the term 'investment' means assets any and all direct or indirect contribution in cash, in kind or in services, invested or reinvested in all sectors of economic activity, whatever it is.
Are considered including, but not exclusively, as of the investments within the meaning of this agreement: a) movable and immovable property and any other real rights such as mortgages, privileges, liens, usufruct and similar rights;
b) shares, shares and other forms of equity in the capital of companies formed in the territory of one of the Contracting Parties;
c) obligations, claims and rights to all benefits with economic value;
d) copyright, industrial property rights, technical processes, trade names and goodwill;
e) concessions from public or contractual law, particularly those relating to the exploration, development, extraction or exploitation of natural resources.
No change in the legal form in which the assets and capital have been invested or reinvested will affect their 'investment' quality within the meaning of this agreement.
3. the term "earnings" means the amounts produced by an investment and in particular, but not exclusively, profits, interest, increases in capital, dividends, royalties or compensation.
4. the term "territory": has) in the territory of the Kingdom of Belgium and to the territory of the Grand Duchy of Luxembourg, as well as the maritime areas, marine and submarine areas that extend beyond the territorial waters of the Kingdom of Belgium and over which it exercises, in accordance with international law, sovereign rights and jurisdiction for the purposes of exploration, exploitation and conservation of natural resources;
(b) in the territory of the State of Qatar, namely the land territory of the State of Qatar, inland and territorial waters including the seabed and subsoil, airspace above, the exclusive economic zone and the continental shelf, on which the State of Qatar has sovereignty and its sovereign rights, in accordance with the provisions of international law and the national laws and regulations of the Qatar.
5. "environmental law" means the laws and regulations in force in the territory of each of the Contracting Parties, or any provision contained in these laws and regulations, which are aimed primarily the protection of the environment, or the prevention of danger to the life or health of humans, animals or plants by the following means: a) prevention reduction or control of discharges, spills or emissions of polluting substances or products contaminating the environment;
(b) control of chemical products, substances, materials and hazardous and toxic wastes to the environment and dissemination of information y;
(c) protection or conservation of the flora and wildlife, including the endangered species, their habitat, and the specially protected natural areas in the territory of the Contracting Parties.
6. "labour law" means the laws and regulations in force in the territory of each Contracting Party, or any provision contained in these laws and regulations, having a direct connection with the universally recognized following workers rights: has) the right of association;
(b) the right to organize and collective bargaining;
c) the prohibition of recourse to any form of forced or compulsory labour;
(d) a minimum age for admission of children to employment;
e) acceptable working conditions in relation to the minimum wage and the hours of work and the safety and health of workers.
Article 2 Promotion of investment 1. Each of the Contracting Parties will encourage investment in its territory by investors of the other Contracting Party and admit such investments in accordance with its legislation.
2 each Contracting Party shall permit the conclusion and execution of contracts and license agreements of commercial, administrative or technical, provided assistance that these activities have a report with the investments.
Article 3 Protection of investments 1. All investments made by investors of one Contracting Party shall enjoy, in the territory of the other Contracting Party fair and equitable treatment.
2. subject to the measures necessary for the maintenance of public order, these investments will enjoy security and constant protection, excluding any unjustified or discriminatory measures that could obstruct the performance, in law or in fact, management, maintenance, use, enjoyment or the liquidation of such investments.
Article 4 national treatment and most favoured nation 1. Each Contracting Party shall accord to investments of investors of the other Contracting Party treatment which will be no less favourable than that it accords to investments of its own investors or investors of any third State.
2. in addition, each Contracting Party shall accord to investors of the other Contracting Party, also as regards the income from their investments, a treatment which is no less favourable than that which it provides to investors of any third State.
3. with regard to the operation, management, maintenance, use, enjoyment, sale or any other form of disposal of investment, each Contracting Party shall accord its territory to investors of the other Contracting Party treatment which will be no less favourable than that it accords to its own investors or to investors of any third State, if this treatment is more favourable.
4. such treatment shall not extend to the privileges that a Contracting Party shall accord to investors of a third State, under its participation or its association to a free trade area, a customs union, a common market or any other form of regional economic organization.
The provisions of this article shall not apply to tax matters.
Article 5 environment 1.
Recognizing that each Contracting Party has the right to set its own level of protection of the environment and to define its policies and priorities in matters of environment and development, as well as to adopt or modify accordingly its ad hoc laws, each of the Contracting Parties shall ensure that its legislation guarantees a high level of environmental protection and will make every effort to constantly improve that legislation.
2. the Contracting Parties recognize that it is inappropriate to relax national environmental legislation in order to encourage investment. In this regard, each Contracting Party will ensure that it not be granted exemption or waived in any other way said legislation, any more than it is offered to possibility of exemption or another exemption in order to encourage the creation, maintenance or expansion of an investment in its territory.
3. the Contracting Parties reaffirm commitments to which they have subscribed under international environmental agreements. They will ensure that commitments are fully recognized and applied in their national legislation.
4. the parties acknowledge that mutual cooperation offers them increased opportunities of improving the standards of environmental protection. At the request of one of the parties, the other party will accept that the representatives of their governments meet for consultation on all matters falling within the scope of this article.
Article 6 work 1.
Recognizing that each Contracting Party has the right to set its own standards of labour protection and to adopt or modify accordingly its ad hoc laws, each of the Contracting Parties shall ensure that its legislation establishes standards of work consistent with the universally recognized rights of workers set out in paragraph 6 of article 1 and will not constantly improving these standards.
2. the Contracting Parties recognize that it is not appropriate to relax the national labour legislation in order to encourage investment. In this regard, each Contracting Party will ensure that it not be granted exemption or waived in any other way said legislation, any more than it is offered to possibility of exemption or another exemption in order to encourage the creation, maintenance or expansion of an investment in its territory.
3. the Contracting Parties reaffirm their obligations as members of the International Labour Organization as well as their commitments under the ILO Declaration on the fundamental principles and rights of the work and its follow-up. The Contracting Parties will ensure that such principles and universally recognized rights of workers set out in paragraph 6 of article 1 are recognized and protected in their national legislation.
4. the parties acknowledge that mutual cooperation offers them increased opportunities of improving the standards of labour protection. At the request of one of the Contracting Parties, the other party will accept that the representatives of their governments meet for consultation on all matters falling within the scope of this article.
Article 7 measures custodial and restrictive property 1.
Each of the Contracting Parties undertakes to take no action of expropriation or nationalization or any other measures whose effect is to deprive the investors of the other Contracting Party of investments which belong to them its territory directly or indirectly.
2. If public utility, security or national interest considerations justify a derogation from paragraph 1, the following conditions shall be met: has) measures taken under a legal procedure;
(b) they are not discriminatory or contrary to a specific commitment;
(c) they will be accompanied by provisions for the payment of adequate and effective compensation.
3. the amount of compensation will correspond to the actual value of the investment on the eve of the day where measures have been taken or made public.
Such compensation will be paid in the currency of the State of which the investor is a national or in any other convertible currency. They will be paid without undue delay and shall be freely transferable.
They shall bear interest at the normal commercial rate from the date of fixing their amount of their payment.
4. investors of one of the Contracting Parties whose investments have suffered damages due to war or other armed conflict, revolution, State of emergency national or revolt occurred in the territory of the other Contracting Party, will benefit, on the part of the latter, at least equal treatment to that accorded to the investors of the nation most favoured in what concerning refunds compensation, compensation, or other compensation.
Article 8 transfers 1. Each Contracting Party shall accord to investors of the other Contracting Party the free transfer of payments relating to an investment, and in particular: a) of monies intended to establish, maintain or develop the investment;
(b) amounts intended for the regulation of contractual obligations, including money for the repayment of loans, royalties and other payments arising out of licenses, franchises, concessions and other similar rights, as well as the salaries of expatriate staff;
(c) income from investments;
d) of the proceeds of the total or partial liquidation of investments, including gains or increases the capital invested;
(e) compensation paid in pursuance of article 7.
2. the nationals of each of the Contracting Parties allowed to work as an investment in the territory of the other Contracting Party will also be allowed to transfer a proportion appropriate remuneration in their country of origin.
3. unless otherwise agreed between the parties, currency transfers will be allowed in the currency of the investment of origin or in any other convertible currency.
These transfers will take place at the exchange rate applicable on the date of these market.
4. each of the Contracting Parties will make transfers without undue delay and without other charges than usual bank charges.
Article 9 Subrogation 1. If one of the Contracting Parties or a public body thereof pays compensation to its own investors under a guarantee given in respect of an investment, the other Contracting Party will recognize that the rights of investors are transferred to the Contracting Party or the public body concerned, in their capacity as insurer.
2. as regards the rights transferred, the other Contracting Party may assert against the insurer subrogated in the rights of compensated investors, obligations that legally or contractually to the latter.
Article 10 rules applicable where a question relating to investments is governed by this agreement and by the national law of one of the Contracting Parties or by international currently in force or contracted in the future agreements by the Parties, the investors of the other Contracting Party may avail itself of the provisions which are more favourable.
Article 11 special agreements 1. Investments were the subject of a special agreement between one of the Contracting Parties and investors of the other party shall be governed by the provisions of this agreement and those of this particular agreement.
2. each Contracting Party undertakes to ensure compliance with the obligations it has assumed in the investors of the other Contracting Party at any time.
Article 12 settlement of disputes between a Contracting Party and an investor of the other Contracting Party 1. Any dispute under this agreement, which follows directly investment and occurs between one Contracting Party and an investor of the other Contracting Party shall be settled amicably between the parties to the dispute.
2 the absence of amicable settlement by direct arrangement between the parties to the dispute or by conciliation through diplomatic channels within six months of its notification, the dispute will be submitted, at the choice of the investor, either to the competent court of the State where the investment was made, or to international arbitration.
To this end, each of the Contracting Parties gives early and irrevocable consent that any dispute is subject to arbitration. This consent implies that they waive require exhaustion of internal judicial or administrative remedies.
3. in the event of recourse to arbitration international, the dispute will be submitted to one of the bodies of arbitration designated below, at the option of the investor: has) to an arbitration tribunal ad hoc, established according to the rules of Arbitration Commission of the United Nations for the International trade law (UNCITRAL);
(b) at the international Centre for the settlement of disputes relating to investments (Repubic), created by "the Convention for the settlement of disputes relating to investments between States and nationals of other States", opened for signature in
Washington, 18 March 1965, when each State party to this agreement will be a member of it. As long as this condition is not met, each Contracting Party agrees that the dispute be referred to arbitration under the rules of the additional facility of the Repubic
If the arbitration procedure was introduced on the initiative of a Contracting Party, this writing prompt the investor concerned to designate the arbitration body which shall be seised of the dispute.
4. the ad hoc arbitral tribunal referred to in paragraph 3 (a)) will be constituted as follows: has) each party to the dispute shall appoint an arbitrator and the two arbitrators so designated shall appoint a third arbitrator, who shall be a national of a third State and who will be designated as president of the Court by both parties agreed. All arbitrators shall be appointed within two months from the date on which one of the Parties has expressed to the other party of its intention to submit the dispute to arbitration.
b) if the deadlines stipulated in paragraph 3 (a)) of this Article have not been fulfilled, one or the other Contracting Party, in the absence of any other agreement, invite the Secretary-General, the Deputy Secretary-General of the Court of arbitration at the Hague to make the necessary appointments.
(c) the ad hoc arbitral tribunal make its decisions by a majority of the votes. Those decisions shall be final and binding for the parties and will be applied in accordance with the national law of the contracting party to the dispute. They will be taken in accordance with the provisions of this agreement and the laws of the contracting party to the dispute.
(d) the tribunal will interpret its award and indicate the basis for his decision and motivate it at the request of either party. Unless otherwise agreed between the parties, the arbitration will be held in the Hague (Netherlands).
Subject to the foregoing, the tribunal will apply the rules of Arbitration Commission of United Nations International (UNCITRAL), 1976 trade law.
5 none of the Contracting Parties, a party to a dispute, will raise objection, at any stage of the arbitration enforcement of an arbitration award, the fact that the investor party opposing to the dispute, would have received an indemnity covering all or part of its losses in pursuance of a policy of insurance or the guarantee laid down in article 9 of this agreement.
6. the arbitration award shall be final and binding for the parties to the dispute. Each Contracting Party undertakes to execute sentences in accordance with its national law.
Article 13 disputes between the Contracting Parties concerning the interpretation or application of the present agreement 1.
Any dispute concerning the interpretation or execution of this agreement will be resolved, if possible, through the diplomatic channel.
2 the absence of regulation through diplomatic channels, the dispute will be submitted to a joint commission composed of representatives of the two Parties; It shall meet at the request of the most diligent party and without undue delay.
3. If the Joint Committee may settle the dispute, it will be submitted, at the request of one or the other Contracting Party to an arbitral tribunal constituted for each individual case, in the following manner: each Contracting Party shall appoint an arbitrator within a period of two months from the date on which one of the Contracting Parties has expressed to the other of its intention to submit the dispute to arbitration. In the two months following their appointment, the two arbitrators shall appoint by common accord a national of a third State which will exercise the function of Chairman of the arbitral tribunal.
If these time limits are not observed, one or the other Contracting Party shall invite the President of the International Court of Justice to proceed with the appointment or appointments necessary (s).
If the President of the International Court of Justice is a national of another Contracting Party or of a State with which one or the other Contracting Party has no diplomatic relations, or if for any other reason, he is unable to perform this function, the Vice President of the International Court of Justice will be invited to proceed to the appointment or appointments necessary (s).
4. the tribunal thus constituted shall determine its own rules of procedure. Its decisions will be taken at the majority of votes; They shall be final and binding for the Contracting Parties.
5 each Contracting Party shall bear the costs related to the designation of the arbitrator. The tribunal may, however, stipulate in its decision that a larger share of these costs will be borne by one of the two Contracting Parties and this decision will be binding on the two Contracting Parties. The tribunal shall determine its own rules of procedure.
Article 14 previous investments this agreement also apply to investments made before its entry into force by investors of one of the Contracting Parties on the territory of the other Contracting Party in accordance with the laws and regulations of the latter.
Article 15 entry into force and duration 1. This agreement shall enter into force one month from the date on which the Contracting Parties have exchanged their instruments of ratification. It shall remain in force for a period of ten years.
Unless one of the Contracting Parties denounces at least six months before the expiry of its period of validity, it will be every time be tacitly renewable for a further period of ten years, each Contracting Party reserves the right to denounce it by a notification introduced at least six months before the date of expiry of the current period.
2. even in the event of denunciation of this agreement in accordance with paragraph (1) of this article, it will continue to apply to investments including the realization or acquisition are prior to the date of expiry of this agreement for a period of ten years from the expiry date.
In witness whereof, the representatives undersigned, duly authorized thereto by their respective Governments, have signed this agreement.
Made in Doha, November 6, 2007, in two originals, each language Dutch, Arabic, French and English, all texts being equally authentic. The English text shall prevail in case of conflict of interpretation.