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25 FEBRUARY 2007. - Act respecting the Agreement between the Belgian Economic Union and the Republic of Mauritius concerning the mutual encouragement and protection of investments, signed in Brussels on 30 November 2005 (1) (2) (3)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Belgian Economic Union and the Republic of Mauritius concerning the mutual encouragement and protection of investments, signed in Brussels on 30 November 2005, will emerge its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 February 2007.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Foreign Trade,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
Note
(1) 2006-2007 session:
Senate:
Documents. - Bill tabled on 20 October 2006, No. 3-1869/1 - Report, No. 3-1869/2.
Annales parliamentarians. - Discussion. Session of December 14, 2006. - Vote. Session of December 14, 2006.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-2818/1 - Text adopted in plenary and subject to Royal Assent, No. 51-2818/2.
Annales parliamentarians. - Discussion. Session of January 18, 2007. - Vote. Session of January 18, 2007.
(2) See decree of the Flemish Community/Flemish Region of 20 April 2007 (Belgian Monitor of 21 May 2007), Decree of the Walloon Region of 3 May 2007 (Belgian Monitor of 31 May 2007), Order of the Brussels-Capital Region of 7 December 2007 (Belgian Monitor of 3 January 2007 )
(3) The exchange of instruments of ratification took place on 16 December 2009. This Agreement comes into force on 16 January 2010, in accordance with Article 16.

Agreement between the Belgian Economic Union and the Republic of Mauritius on mutual encouragement and protection of investments
The Government of the Kingdom of Belgium,
the Walloon Government,
the Flemish Government,
the Government of the Brussels-Capital Region,
and
the Government of the Grand Duchy of Luxembourg,
on the one hand,
and
the Republic of Mauritius,
on the other hand,
(hereinafter referred to as the Contracting Parties)
Desirous of strengthening their economic cooperation by creating favourable conditions for the realization of investments by investors of one of the Contracting Parties in the territory of the other Contracting Party,
The following agreed:
Definitions
Article 1^er
For the purposes of this Agreement:
1. The term "investors" means:
(a) "nationals", i.e. any natural person who, according to the law of the Kingdom of Belgium, the Grand Duchy of Luxembourg or the Republic of Mauritius, is considered a citizen of the Kingdom of Belgium, the Grand Duchy of Luxembourg or the Republic of Mauritius respectively;
(b) "societies", i.e. any legal entity incorporated in accordance with the laws of the Kingdom of Belgium, the Grand Duchy of Luxembourg or the Republic of Mauritius and having its head office in the territory of the Kingdom of Belgium, the Grand Duchy of Luxembourg or the Republic of Mauritius respectively.
2. The term "investments" means any assets or direct or indirect contributions to digital, in kind or in services, invested or reinvested in any sector of economic activity.
These include, but are not limited to, investments within the meaning of this Agreement:
(a) movable and immovable property and other real rights such as mortgages, privileges, leases, usufructs and similar rights;
(b) shares, obligations, social shares and all other forms of participation, whether minority or indirect, in the capital of corporations incorporated in the territory of one of the Contracting Parties;
(c) receivables and rights to all benefits of economic value;
(d) copyright, intellectual property rights, technical processes, names filed and the trade fund;
(e) concessions of public or contractual law, including those relating to prospecting, culture, extraction or exploitation of natural resources.
No change in the legal form in which assets and capital have been invested or reinvested will affect their investment quality within the meaning of this Agreement.
3. The term "income" refers to amounts generated by an investment and, in particular, not exclusively, profits, interests, capital increments, dividends, royalties and allowances.
4. The term "territory" means:
(a) in respect of the Belgian-Luxury Economic Union: the territory of the Kingdom of Belgium and the territory of the Grand Duchy of Luxembourg, as well as the maritime zones, that is, the marine and submarine zones that extend beyond the territorial waters of the Kingdom of Belgium and on which it exercises, in accordance with international law, its sovereign rights and jurisdiction for the purposes of exploration, exploration and
(b) with regard to the Republic of Mauritius:
(i) all territories and islands that, in accordance with the laws of Mauritius, constitute the State of Mauritius;
(ii) the territorial waters of Mauritius; and
(iii) any area beyond the territorial waters of Mauritius, which, in accordance with international law, is or will be defined by Mauritius legislation as an area, including continental shelf, on which Mauritius ' s rights in respect of the sea, seabed and subsoil may be exercised, as well as their natural resources.
5. The term "environmental legislation" refers to the legislation of the Contracting Parties, or any provision contained in that legislation, which is primarily intended to protect the environment or to prevent any danger to the life or health of men, animals or plants by the following means:
(a) prevention, reduction or control of releases, spills or emissions of pollutants or contaminants to the environment;
(b) control of chemicals, substances, materials and hazardous or toxic wastes for the environment and dissemination of information thereon;
(c) protection or conservation of wild flora and fauna, including endangered species, their habitat, and natural areas specially protected in the territory of Contracting Parties.
6. The term "labour legislation" means the legislation of the Kingdom of Belgium, the Grand Duchy of Luxembourg or the Republic of Mauritius, or any provision contained in that legislation, having a direct relationship with the universally recognized rights of the workers listed below:
(a) the right of association;
(b) the right to organize and collective bargaining;
(c) Prohibition of any form of forced or compulsory labour;
(d) a minimum age of admission of children to employment;
(e) acceptable working conditions for minimum wages and working hours, as well as the safety and health of workers.
Investment promotion
Article 2
1. Each Contracting Party shall encourage investment in its territory by investors from the other Contracting Party and admit such investments in accordance with its legislation.
2. Each Contracting Party shall make every effort to grant, in accordance with its legislation, the permits required for the realization of such investments, as well as, where appropriate, any licence contracts and trade, administrative or technical assistance agreements.
Investment protection
Article 3
1. All investments made by investors from one of the Contracting Parties shall enjoy fair and equitable treatment in the territory of the other Contracting Party.
2. Subject to the measures necessary for the maintenance of public order, these investments will enjoy constant security and protection, excluding any unjustified or discriminatory measures that may hinder, in law or in fact, the management, maintenance, use, enjoyment or liquidation of such investments.
Most-favoured national and national treatment
Article 4
1. For all matters relating to the processing of investments, investors from each Contracting Party will benefit, on the territory of the other Party, from the national treatment and treatment of the most favoured nation.
2. With regard to exploitation, management, maintenance, use, enjoyment, sale or any other form of investment alienation, each Contracting Party shall grant in its territory to investors of the other Contracting Party a treatment that will not be less favourable than that granted to its own investors or investors of any third State, if that treatment is more favourable.
3. Such treatment shall not extend to the privileges granted by a Contracting Party to investors of a third State, by virtue of its participation or association in a free trade zone, a customs union, a common market or any other form of regional economic organization.
4. The provisions of this section do not apply to tax matters.
Environment
Article 5
1. Recognizing that each Contracting Party has the right to establish its own level of environmental protection and to define its environmental and development policies and priorities, as well as to adopt or amend its ad hoc laws accordingly, each Contracting Party shall ensure that its legislation guarantees a high level of environmental protection and shall make every effort to continuously improve such legislation.
2. The Contracting Parties recognize that it is not appropriate to limit national environmental legislation to encourage investment. In this regard, each Contracting Party shall ensure that it is not granted an exemption or derogation in any other way to such legislation, nor shall it be offered an exemption or other exemption for the purpose of encouraging the formation, maintenance or expansion of an investment in its territory.
3. The Contracting Parties reaffirm their commitments under international environmental agreements. They will ensure that these commitments are fully recognized and implemented in their national legislation.
4. The parties recognize that mutual cooperation offers them greater opportunities to improve environmental standards. At the request of one of the parties, the other party will accept that representatives of their governments meet for consultation on any matter falling within the scope of this Article.
Labour
Article 6
1. Acknowledging that each Contracting Party has the right to establish its own labour protection standards and to adopt or amend its ad hoc laws accordingly, each Contracting Party shall ensure that its legislation sets standards of work in accordance with the universally recognized rights of workers set out in paragraph 6 of Article 1^er and will constantly improve these standards.
2. The Contracting Parties recognize that it is not appropriate to limit national labour legislation to encourage investment. In this regard, each Contracting Party shall ensure that it is not granted an exemption or derogation in any other way to such legislation, nor shall it be offered an exemption or other exemption for the purpose of encouraging the formation, maintenance or expansion of an investment in its territory.
3. The Contracting Parties reaffirm their obligations as members of the International Labour Organization and their commitments under the ILO Declaration on Fundamental Principles and Rights of Labour and its follow-up. Contracting Parties shall ensure that such principles and universally recognized rights of workers as set out in Article 1, paragraph 6^er be recognized and protected in their national legislation.
4. The parties recognize that mutual cooperation offers them greater opportunities to improve labour protection standards. At the request of one of the parties, the other party will accept that representatives of their governments meet for consultation on any matter falling within the scope of this Article.
Private and restrictive measures of ownership
Article 7
1. Each of the Contracting Parties undertakes not to take any measures of expropriation or nationalization or any other measure whose effect is to directly or indirectly dispossess the investors of the other Contracting Party of their investments in its territory.
2. If public utility, security or national interest requirements warrant a derogation from paragraph 1^erthe following conditions shall be met:
(a) measures shall be taken in accordance with a legal procedure;
(b) they will not be discriminatory or contrary to a specific commitment;
(c) they shall be provided with provisions for the payment of adequate and effective compensation.
3. The amount of the allowance will be the effective value of the investments on the day before the measures were taken or made public.
Such allowances shall be paid in any convertible currency. They will be paid without delay and will be freely transferable. They will be of interest to the normal commercial rate from the date of the fixing of their amount to that of their payment.
4. Investors of one of the Contracting Parties whose investments would have suffered damage from war or other armed conflict, revolution, state of national emergency or revolt in the territory of the other Contracting Party, shall, on the part of the other Contracting Party, benefit from treatment, with respect to restitution, compensation, compensation or other compensation, which shall be at least equal to that granted by the latter Contracting Party plus
Transfers
Article 8
1. Each Contracting Party shall grant investors of the other Contracting Party the free transfer of all payments relating to an investment, including:
(a) amounts intended to establish, maintain or develop investment;
(b) amounts intended for the settlement of contractual obligations, including amounts necessary for the reimbursement of borrowings, royalties and other payments arising from licences, franchises, concessions and other similar fees, as well as the remuneration of expatriated personnel;
(c) Investment income;
(d) the proceeds of the total or partial liquidation of investments, including capital gains or increases;
(e) compensation paid pursuant to section 7.
2. Nationals of each Contracting Party authorized to work for an investment in the territory of the other Contracting Party will also be allowed to transfer an appropriate quotity of their remuneration to their country of origin.
3. Transfers will be made in a freely convertible currency at the exchange rate applicable to the date of the transfer.
4. Each of the Contracting Parties shall issue the necessary authorizations to ensure without delay the execution of transfers, without any other charges than the usual bank charges.
Subrogation
Article 9
1. If one of the Contracting Parties or a public body of the Contracting Party pays compensation to its own investors under a particular investment guarantee, the other Contracting Party shall recognize that the rights of investors are transferred to the Contracting Party or the public body concerned, in their capacity as insurer.
2. With respect to the rights transferred, the other Contracting Party may apply the obligations that are legally or contractually binding on the insurer subject to the rights of the indemnified investors.
Rules applicable
Article 10
Where an investment issue is governed both by this Agreement and by the national legislation of one of the Contracting Parties or by international conventions currently in force or contracted in the future by the Contracting Parties, the investors of the other Contracting Party may avail themselves of the provisions that are most favourable to them.
Special agreements
Article 11
1. Investments that have been the subject of a particular 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 that particular agreement.
2. Each Contracting Party undertakes to ensure at any time compliance with its obligations with respect to investors of the other Contracting Party.
Settlement of investment disputes
Article 12
1. Any dispute between an investor of one of the Contracting Parties and the other Contracting Party shall be notified in writing by the most expeditious party. The notification will be accompanied by a sufficiently detailed aide-memoire.
To the extent possible, the parties will attempt to resolve the dispute through negotiation, possibly using the expert advice of a third party, or by conciliation between the Contracting Parties through diplomatic channels.
2. If there is no friendly settlement by direct arrangement between the parties to the dispute or by diplomatic conciliation within six months of its notification, each of the parties may submit the dispute either to the competent jurisdiction of the State where the investment has been made or to international arbitration.
To this end, each Contracting Party shall give its early and irrevocable consent to any dispute being submitted to that arbitration. This consent implies that they do not demand the exhaustion of domestic administrative or judicial remedies.
3. In case of recourse to international arbitration, the dispute shall be submitted to one of the following arbitration bodies, at the investor's choice:
- an ad hoc arbitration tribunal established in accordance with the arbitration rules of the United Nations Commission on International Trade Law (C.N.U.D.C.I.);
- at the International Centre for the Settlement of Investment Disputes (C.I.R.D.I.), established by the Convention for the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature in Washington, D.C., on 18 March 1965, when each State Party to this Agreement shall be a member of that Agreement. As long as this condition is not fulfilled, each Contracting Party agrees that the dispute is subject to arbitration in accordance with the Regulation of the Supplementary Mechanism of IRC.R.D.I.
If the arbitration procedure has been initiated by a Contracting Party, the Contracting Party shall, in writing, invite the investor concerned to express his or her choice with respect to the arbitration body that must be seized of the dispute.
4. None of the Contracting Parties, a party to a dispute, shall raise any objection, at any stage of the arbitration proceedings or the execution of an arbitration award, as the investor, an opposing party to the dispute, would have received compensation covering all or part of its losses in the execution of an insurance policy or the guarantee provided for in Article 9 of this Agreement.
5. Arbitration awards will be final and binding for the parties to the dispute. Each Contracting Party undertakes to enforce the awards in accordance with its national legislation.
Disputes between Contracting Parties
Article 13
concerning the interpretation or application of this Agreement
1. Any dispute relating to the interpretation or application of this Agreement shall be resolved, if possible, by diplomatic means.
2. If there is no diplomatic settlement within six months of the date on which the negotiations were requested, the dispute will be submitted to a joint commission composed of representatives of the two Parties; the Party shall meet at the request of the most diligent and without undue delay.
3. If the joint commission cannot resolve the dispute, it shall be submitted, at the request of either Contracting Party, to an arbitral tribunal constituted, for each particular case, as follows:
Each Contracting Party shall designate an arbitrator within two months of the date on which one of the Contracting Parties has indicated to the other of its intention to submit the dispute to arbitration. Within two months of their designation, the two arbitrators shall jointly appoint a third-country national who shall serve as president of the arbitral tribunal.
If these deadlines have not been observed, one or the other Contracting Party shall invite the President of the International Court of Justice to make the necessary appointment or appointments.
If the President of the International Court of Justice is a national of either Contracting Party or of a State with which one or the other Contracting Party does not maintain diplomatic relations, or if, for another reason, the Vice-President of the International Court of Justice shall be invited to make the necessary appointment or appointments.
4. The court shall establish its own rules of procedure. Its decisions shall be taken by a majority vote; they shall be final and binding for Contracting Parties.
5. Each Contracting Party shall bear the costs associated with the designation of its arbitrator. The disbursements inherent in the designation of the third arbitrator and the operating costs of the court shall be borne by the Contracting Parties equally.
Prohibitions and restrictions
Article 14
The provisions of this Agreement shall in no way limit the right of either Contracting Party to impose prohibitions or restrictions of any kind or to take any other measures to protect its essential security interests, or for public health or for the prevention of diseases and parasites affecting animals and plants.
Previous investments
Article 15
This Agreement shall also apply to investments made prior to its entry into force by investors of one of the Contracting Parties in the territory of the other Contracting Party in accordance with the laws and regulations of the other Contracting Party.
Entry into force and duration
Article 16
1. This Agreement shall enter into force one month from the date on which the Contracting Parties have exchanged their instruments of ratification. It will remain in force for a period of ten years.
1. Unless one of the Contracting Parties denounces it at least six months before the expiry of its validity period, it will be automatically extended for a further ten-year period, each Contracting Party reserves the right to denounce it by a notification introduced at least six months before the expiration date of the current validity period.
2. With respect to investments made prior to the expiry date of this Agreement, the provisions of this Agreement shall remain applicable to them for a period of ten years from the expiry date.
In faith, the undersigned representatives, duly authorized to do so by their respective Governments, have signed this Agreement.
Done in Brussels on 30 November 2005, in two original copies, each in French, Dutch and English, all texts being equally authentic. The English language text will prevail in the event of a discrepancy of interpretation.