479/1991.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the 13 June. November
1990 in Prague was signed the agreement between the Czech and Slovak Federal
Republic and the Kingdom of Sweden on promotion and mutual protection of investments
and the Protocol to it.
With the agreement of the Assembly expressed their consent the Czech and Slovak Federal
The Federal Republic and the President of the Czech and Slovak Federal
Republic has ratified it.
Agreement entered into force, pursuant to article 11 (2). 1 day 23.
September 1991.
The Czech version of the agreement shall be published at the same time.
The AGREEMENT
between the Czech and Slovak Federal Republic and the Kingdom of Sweden
on the promotion and mutual protection of investments
The Czech and Slovak Federal Republic and the Kingdom of Sweden
in the spirit of the principles of the final act of the Conference on security and cooperation
in Europe, signed in Helsinki 1. August 1975;
Desiring to strengthen economic cooperation to the mutual benefit of
the two countries, and create a favorable and fair conditions for investment
investors of one Contracting Party in the territory of the other Contracting Party;
Recognizing that the promotion and protection of such investment will contribute to the development of
economic relations between the two parties and to encourage
investment initiatives;
agree on the following:
Article 1
The definition of the
For the purposes of this agreement:
1) the concept of "investment" refers to each assets invested
an investor of one Contracting Party in the territory of the other Contracting Party,
provided, that the investment was carried out in accordance with the legislation of the
the other Contracting Party, and shall include in particular:
a) movable and immovable property, as well as all the rights in rem, such as
mortgages, pledges, guarantees and similar rights;
(b)) shares and other forms of participation in society;
(c)), the claims, or any other performance having an economic value;
(d)) and the industrial rights of intellectual property, such as
patents, technological processes, trade names, and know-how, as well as
goodwill;
(e)), including trade concessions concession survey, cultivation, extraction or
the use of natural resources.
(2) the term "investor" means:
and any natural person) who is a citizen of the Contracting Parties in accordance
with its jurisdiction and is authorised to invest in the territory of the other Contracting
Parties, provided that such authorisation is a legal order is prescribed;
(b)) to any legal person incorporated under the law of one of the
the Contracting Parties, having their registered office on the territory of one of them, or even to
territory of a third State, if the investor sees from one of the Contracting Parties
the overwhelming participation, representing in particular an absolute proportion or number of
votes. Legal person cannot sue under this agreement, if the
She is seeking another investment protection agreements, concluded with third
State.
Article 2
The promotion and protection of investments
1) each Contracting Party shall ensure to investors of the investment always second
the Contracting Parties fair and equal treatment, and will not be
unjustified measures aggravate their management, maintenance, use and
the use of the.
2) each Contracting Party shall, in accordance with its general policy in the
the area of foreign investment to promote in its territory investments
investors of the other Contracting Party and will permit such investment in
accordance with its legal system.
3) investments made in accordance with the legislation of the Contracting Parties
on its territory shall enjoy protection under this agreement.
Article 3
MFN clause
1) each Contracting Party shall accord to investments in its territory of investors of the other
Contracting Parties treatment no less favorable than it provides investment
investors of third States.
2) Notwithstanding the provisions of paragraph 1 of this article, a Contracting
the party that has concluded a multilateral agreement on the establishment of the Customs line,
common market or free trade zone, or multilateral agreement on
economic cooperation and mutual economic assistance, provide
more favourable treatment to investments of investors of the State or States which are
also members of the above agreements, or of the investors of any of these
States.
3) Investors of one Contracting Party who suffer losses on their
investments on the territory of the other party as a result of war or other
the armed conflict, a State of emergency, revolt, insurrection or the storm,
It will be, in terms of compensation or other settlement, treatment provided
no less favourable than that accorded to investors of any third
State. Payments made from this title will freely, without delay,
transferable.
4) the provisions of paragraph 1 of this article shall not be interpreted so that one
the contractor must provide to investors of the other party the benefits
or privileges for it from any other international agreements,
or internal legislation relating wholly or mainly to the tax
questions.
Article 4
The expropriation
1), no Contracting Party has not taken measures directly or indirectly odnímající
the investor of the other Contracting Party, including the investment income from investments,
as well as in the case of liquidation, the proceeds from this disposal, if not
the following conditions are met:
and) measures are taken in the public interest and on the basis of the law;
(b)) the measures are clear and non-discriminatory; and
(c)) the measures are associated with the payment of the immediate, adequate and effective
the refunds, which will be transferable without delay in freely convertible currency.
2) the provisions of paragraph 1 of this article shall also apply to goods which are
on the basis of the rental agreement date tenants on the territory of one of the Contracting
the parties to the landlord, who is a citizen of the other party, or
a legal person that has its head office in the territory of the other Contracting
the parties.
Article 5
Transfers
1) each Contracting Party shall allow transfers in freely convertible currency:
and income originating in any) investment of an investor of the other Contracting
the parties, including, but not exclusively, from the capital, profit, interest,
dividends, licences, fees or charges;
(b)) the proceeds of the total or partial liquidation of any investment
an investor of the other party;
c) instalments of loans, both of which the contracting parties recognise as an investment; and
d) wages of persons who are not citizens and they were in the context of the
the investment allowed to work in the territory of the Contracting Parties, and other
reasonable amounts to cover the expenditure related to the management of the investment.
2) the Contracting Parties undertake to provide to the transfers referred to in paragraph 1
This article treatment no less favourable than that provided to transfers
arising from investments made by investors of any third
State.
3) will be made without delay, the Transfer and in any case within the time limit
not exceeding one month from the date on which the request for conversion is made.
4) any transfer under this agreement will be made official exchange rate
valid on the day of the transfer.
Article 6
Assignment of rights
If you are an investment of an investor of one Contracting Party insured
against non-commercial risks in the framework of the system established by the law, the second
the Contracting Party shall recognise the assignment of any of the rights of the investor
insurers or providers, in accordance with the terms of this
the insurance.
Article 7
Disputes between the Contracting Parties
1) any dispute between Contracting Parties concerning the interpretation or application of
This agreement will, if possible, resolved amicably.
2) If the dispute cannot be settled within six months following the
the day when one of the parties to such negotiations, asking,
the initiative of one of the Contracting Parties is submitted to an arbitration tribunal.
3) the arbitral tribunal shall be established on a case by case so that any Contracting
the Party shall appoint one member. These two members shall then agree on a
a citizen of a third State as their Chairman, who shall be appointed by
the two Contracting Parties. The members of the Court shall be appointed to the two and
the Chairman within four months from the date on which one of the Contracting Parties announced
the other party of its desire to submit the dispute to an arbitral tribunal.
4) are not complied with, if the time limit laid down in paragraph 3 of this article,
any Contracting Party may, unless otherwise agreed, to invite
the President of the International Court of Justice to make the necessary appointment.
5) If the President of the International Court of Justice could take
credentials referred to in paragraph 4 of this article, or was a citizen of one
of the Contracting Parties, will then be asked for the necessary appointment
Vice Chairman. If they could not accept, and Vice-Chairman of the said
credentials or was a citizen of one of the Contracting Parties, then it will be about
the necessary appointment asked the oldest Member of the international
the Court of Justice, which is not capable of such credentials and is not a citizen
one of the Contracting Parties.
6) the arbitral tribunal shall decide by a majority of votes, his decisions are final
and binding on the parties.
7) each Contracting Party shall bear the expenses of the Member has, as well
as the costs associated with its participation in the arbitration proceedings; expenses of the Chairman
as well as other expenditure will be borne by the parties equally.
The arbitral tribunal may, however, in its decision to establish that one of the
the Contracting Parties shall bear the greater part of these expenses. In all other
matters shall lay down its own procedural rules of arbitration.
Article 8
Disputes between an investor and a Contracting Party to
1) any dispute between one of the Contracting Parties and the investor of the second
the Contracting Parties concerning the interpretation or application of this agreement, if the
possible, addressed amicably.
2) cannot be so resolved the dispute within six months from the date on which the dispute
It was established by a party will be at the request of either party
submitted to the Tribunal for a final decision.
3) the arbitration will be conducted under the Arbitration Rules of the United Nations Commission
for international trade law (UNCITRAL) adopted by the General Assembly
15 July. December 1976.
Article 9
The use of national and international legislation
If beyond the scope of the provisions of the law of one of the Contracting Parties, or
the already existing or upcoming obligations between the Contracting Parties
arising from international law, include in addition to this agreement, modify,
whether General or specific investments of investors of the other document conferring
Contracting Parties treatment more favourable than this agreement, then this
more beneficial adjustment will take precedence over the provisions of this agreement.
Article 10
Application Of The Agreement
This agreement shall apply to all investments made by prior to and
After its entry into force; It will not, however, apply to any dispute
regarding investment, which arose, or any claim concerning
the investment, which was settled by a prior to the entry into force of the agreement.
Article 11
Entry into force, duration and termination of the
1) this Agreement shall enter into force on the day on which the two parties
shall notify each other that the formalities required have been complied with their legal
regulations for the entry into force of this agreement.
2) this Agreement shall remain in force for a period of 20 years. Afterwards, will remain in the
valid until 12 months after the date on which one of the
the Contracting Parties shall notify the other Contracting Party of its decision to the
Agreement to terminate.
3) For investments made prior to the date when the notice of termination of this
The agreement became effective, remain the provisions of article 1 to 10 in the validity of the
a further 10 years from that date.
The evidence below, sign, duly empowered, have signed this
The agreement.
Done in Prague on 13. November 1990, in duplicate, in the language
the Czech, Swedish and English languages, each text being equally
force. In the event of any difference in the interpretation of the provisions of this
The agreement will, however, have the English text shall prevail.
For the Czech and Slovak Federal Republic:
Brabec v.r.
For the Kingdom of Sweden:
Michael Sohlman v.r.
PROTOCOL
to the agreement between the Czech and Slovak Federative Republic of Brazil and the Swedish
the Kingdom on the promotion and mutual protection of investments
At the signing of the agreement between the Czech and Slovak Federative Republic of Brazil and the
The Kingdom of Sweden on promotion and mutual protection of investments was
agreed to the following:
1) from the date when the Contracting Parties to the Convention on the settlement of disputes
from investments between States and nationals of other States, signed in Washington, d.c.
on 18 July 2005. in March 1965, the disputes referred to in article 8 of the above Agreement
dealt with in accordance with the provisions of this Convention. The previous procedure for the
settlement of disputes referred to in article 8 paragraph 1 and 2 will remain on in the
the validity of.
2) with reference to article 2 of the said agreement will be on the investment
investors of one Contracting Party in the territory of the other party, be subject to
the following provisions:
And the party will not apply restrictions on the purchase of raw materials, components and
equipment, auxiliary materials, energy, and fuel and also
the means of production and activity of any kind relating to the
the investment. With regard to the provision of such material and services will be
have an investor the right to choose freely the supplier under the most favourable
applicable conditions.
(B) as regards the transport of goods and persons associated with the investment, the investor
will have the right to freely select the shipping agent. In cases where it is for the
such transport is required, the investor will receive, regardless of the
any possible quantitative restrictions.
(C) in accordance with the laws relating to the entry and residence of
aliens, persons working for an investor of one Contracting Party, as well
as members of their households, will be allowed to enter the territory of the other
the Contracting Parties, to stay here and leaving them for the purpose of the activities of the United
with investments in the territory of that Contracting Party.
D. To create favourable conditions for the assessment of the financial position and
the results of the activities associated with investments in the territory of one of the Contracting
the parties allow this party-outside their national requirements
on the accounting and authentication-the investment also led
accounting and perform validation according to standards which the investor is subject to the
your State, or which are internationally recognized, [for example, the international
accounting standards (IAS) issued by the international accounting standards Committee (IASC)].
3) with reference to article 3 of that agreement will not be Czechoslovak
investors considered the treatment of investments in accordance with trade agreements,
that the Kingdom of Sweden has concluded with Côte d'Ivoire, 27. in August 1965, with
Madagascar 2. April 24 1966, and Senegal. in February 1967, the reason for
the granting of most favoured nation treatment under that article.
This Protocol is an integral part of the agreement.
Done in Prague on 13. November 1990, in duplicate, in the language
the Czech, Swedish and English languages, each text being equally
force. In the event of any difference in the interpretation of the provisions of this
However, the Protocol will have the English text shall prevail.
For the Czech and Slovak Federal Republic:
Brabec v.r.
For the Kingdom of Sweden:
Michael Sohlman v.r.
