573/1992 Sb.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the 2 July. October 1990
It was in Prague, signed the agreement between the Czech and Slovak Federal
Republic and the Federal Republic of Germany for the promotion and reciprocal protection
investments.
With the agreement have expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the President of the Czech and Slovak Federal
The Republic has ratified it. The instruments of ratification were exchanged in Bonn the day
July 3, 1992.
Agreement entered into force pursuant to article 13(2). 2 day 2.
August 1992.
The Czech version of the agreement shall be published at the same time.
The AGREEMENT
between the Czech and Slovak Federal Republic and the Federal Republic of
Germany on the promotion and mutual protection of investments
Czech and Slovak Federal Republic
and
The Federal Republic of Germany
Desiring to deepen the mutual economic cooperation,
in an effort to create favorable conditions for mutual investment, in knowledge,
that the promotion and reciprocal protection of investments are used to enhance all forms of
economic initiatives, in particular the private business activities of both
States, have agreed as follows:
Article 1
For the purposes of this agreement,
1. the term "investment" includes all the assets, embedded in the
accordance with national legislation, in particular:
a) movable and immovable property, as well as other rights such as
mortgages and liens;
(b)) shares and other types of participation in companies;
c) accounts receivable and claims to money that has been spent on the creation of a
economic values, or claims and claims to
economic value and is associated with the investment.
(d)) intellectual property rights, in particular copyrights,
patents, consumer patterns, designs and models, marks, trade
names, technical processes, know-how and goodwill;
e) public permissions, including the permissions for quarrying and mining
of natural resources.
2. the term "proceeds" means any amounts that come from
investment, such as shares in the profits, dividends, interest, license or
other fees.
3. The term "investor" means a natural person is a permanent resident, or
legal persons established within the scope of this agreement which are
authorised to act as investors.
Article 2
1. Each Contracting Party shall in its territory in accordance with their capabilities
promote investments by investors of the other party and to permit these
investments in accordance with its legislation. In any case, it will be
These investments provide fair and equal treatment.
2. No Contracting Party shall be on their territory demage
by arbitrary or discriminatory measures the management, control, use,
or investments of investors of the other party.
3. investments and their returns, as well as reinvestments and revenue
enjoy the full protection of this agreement.
Article 3
1. No Contracting Party shall dispose of investments of investors of the other
the Contracting Parties, or investment, on which investors of the other Contracting
the parties involved in its territory less favourably than investments
its own investors or investments of investors of third States.
2. No Contracting Party shall dispose of the investors of the other Contracting
the parties, in respect of their activities related to investments in its
territory, less favourably than its own investors or investors of third
States.
3. the Act does not apply to exclusive rights, which one of the Contracting
party provides to investors of third States with regard to their membership
or association to the customs or economic Union, a common market or
a free-trade zone.
4. the discussions under this article shall not apply to advantages which
one party provides to investors of third States on the basis of
the agreement on the avoidance of double taxation, or other agreements relating to
tax questions.
Article 4
1. investments of investors of one Contracting Party shall enjoy in the territory of the other
the Contracting Parties of full protection and security.
2. investments of investors of one Contracting Party may not be in the territory of the other
the Contracting Parties were expropriated, nationalized or subject to any
Another glaze, the result is the same as the expropriation or
nationalisation, with the exception of the cases carried out in the public interest and
guaranteeing compensation. Compensation must correspond to the value of the expropriated
investments immediately prior to the time when the actual or threatened
expropriation, nationalization or other similar measure was publicly
declared. Compensation shall be paid without delay and shall include
the usual bank interest until maturity; must actually be
qualify and freely transferable. Measures for the determination and payment of
compensation must be carried out in an appropriate manner, not later than at the time of
expropriation, nationalization or similar measures. The validity of the expropriation,
nationalization or similar measures, and the amount of compensation must be
reviewable by ordinary judicial procedure.
3. With investors of the Contracting Party whose investments in the territory of the other will suffer
Contracting Party loss as a result of armed conflict, special
State or the uprising, will not be treated in a matter of restitution, compensation,
compensation or other settlement less favourably than their own
investors. Such payments must be freely transferable.
4. Investors of one Contracting Party shall be on the territory of the other Contracting Party
enjoy in the cases referred to in this article on a most-favored-nation.
Article 5
1. each Contracting Party shall ensure to investors of the other Contracting Party the free
transfer payments related to investments, especially
and) capital and additional amounts needed to maintain or
the expansion of investment;
(b)).
(c) the repayment of loans in the sense of) article 1, paragraph 1, point (a). (c));
(d)), in the case of the proceeds of the total or partial liquidation or sale
the investment;
e) compensation in accordance with article 4.
2. a transfer shall take place without delay, on the day of the conversion rate.
Article 6
If the Contracting Party shall provide its investors payments based on guarantees for
investments in the territory of the other Contracting Party, the latter Contracting Party shall recognise the
without prejudice to the rights resulting from the first Contracting Parties article 9 transfer
all rights or claims by these investors in accordance with the law or to the
the basis of the legal arrangement of the first Contracting Party. The other Contracting Party
It also recognizes the input of the first party to all these rights or claims
the legal predecessor to their base and above. For the transfer of payments from the
transferred claims, article 5.
Article 7
1. where the legislation of one Contracting Party, or of the
international legal obligations that apply outside of this contract between the
Contracting Parties or will pay in the future, General or specific
scheme, which provides for investments of investors of the other Contracting Parties
more favourable treatment than this agreement, then this modification takes precedence over the
This agreement, which is the more favourable.
2. each Contracting Party shall comply with any other obligation which took on
their territory with regard to investments of investors of the other party.
Article 8
This agreement also applies to investments made by investors of a Contracting
party to the territory of the other party, in accordance with the legislation of
of the other party, after a 1. January 1950.
Article 9
1. disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall
as far as possible be settled by negotiation of the parties.
2. If you cannot remove the dispute in this manner, then, at the request of one of the
both Contracting Parties shall refer the matter to arbitration.
3. the arbitral tribunal shall be formed on a case by case so that any Contracting
Party shall designate one Member and these two members shall agree on the Chairman,
a national of a third State, which must be confirmed by both Contracting
parties. Members shall be appointed within two months, President during the
three months from the date when one party to the other in writing of the said
the party that it intends to submit the dispute to an arbitral tribunal.
4. If the time limits are not respected, referred to in paragraph 3,
the absence of another agreement, each party may request the President of the
International Court of Justice to make the necessary appointment.
5. the Arbitration Tribunal shall be decided by majority vote. Its decisions are
binding. Each Contracting Party shall bear the expenses of her appointed member and their
representation in proceedings before an arbitral tribunal; expenses of the Chairman and other
the costs will be borne by the parties equally. Judge
the Court may designate a different adjustment of expenses. In the other edits of arbitration
its management itself.
Article 10
1. disputes regarding investment between one Contracting Party and an investor
the other party should be in dispute between the parties
resolved amicably.
2. If the dispute Cannot be resolved within a period of 6 months from the date of its notification
one party in the dispute shall be submitted, at the request of the investor of the second
the parties to an arbitration tribunal. If the parties in dispute agree
otherwise, the provisions of article 9, paragraphs 3 to 5, mutatis mutandis, with
by appointment of the members of the arbitral tribunal shall take place in accordance with article 9
paragraph 3, and in the case that are not complied with the time limit referred to in article 9
paragraph 3, each party to the dispute may request the President of the arbitration
the Court of the Chamber of Commerce in Stockholm, to make the necessary appointment.
This is true provided that between the parties in dispute do not apply other
the arrangement. Referee statement will be recognised and enforced in accordance with the Convention on the recognition and
enforcement of foreign arbitral awards (New York, 10 June 1958).
3. a party to the dispute is not over the course of the arbitral proceedings or in the performance of
the arbitration opinion argued that an investor of the other party has received
a refund of all or part of the title insurance.
Article 11
This agreement is valid regardless of whether they are between the Contracting Parties
diplomatic and consular relations.
Article 12
Under the quadripartite agreement of 3. September 1971 this agreement in accordance with the
established procedures, extended to Berlin (West).
Article 13
1. this agreement is subject to ratification; the instruments of ratification shall be exchanged
as soon as possible in Bonn.
2. this Agreement shall enter into force thirty days after the exchange of instruments of ratification
of documents. Will pay for a period of ten years; you will then be in force
extended indefinitely, unless terminated in writing one of the
the Contracting Parties within a period of 12 months before expiry. After the expiry of the
ten years may be terminated at any time this agreement within a period of twelve
months.
3. for investments made before the expiry of this Agreement shall apply
the provisions of article 1-12 other fifteen years from the date of its
the validity of.
Done in Prague on 2. October 1990 in two original copies, each in the
the Czech and German languages, both texts being equally authentic.
For the Czech and Slovak Federal Republic:
Doc. Ing. Václav Klaus, CSc. v.r.
the Finance Minister of CZECHOSLOVAKIA
For the Federal Republic of Germany:
Hermann Huber v.r.
Ambassador Extraordinary and Plenipotentiary
The Federal Republic of Germany
XIII.
Protocol
At the signing of the agreement between the Czech and Slovak Federative Republic of Brazil and the
The Federal Republic of Germany for the promotion and reciprocal protection of investment
Subscribers agree to this agreement, assignees, which is an integral
part of the agreement.
(1)
To article 1
Claims to money and claims referred to in paragraph 1 (c))
claims and claims arising from loans that are related to the participation and significance
they have the character and the extent of participation (loans that are similar to participate).
Are third-party loans, for example. According to commercial bank loans
terms and conditions.
(2)
To article 2
The agreement also applies to the territory of the exclusive economic zone and the continental
shelf, if international law of any Contracting Party permits the
these areas of sovereign rights or jurisdiction power authority.
(3)
To article 3
and) For "activity" within the meaning of article 3 must be considered, in particular, management,
use and enjoyment of the investment. For "less favourable" treatment within the meaning of
Article 3 must be considered in particular: restrictions on the collection of raw materials and auxiliary
material, energy and fuel, as well as production and operational resources
of all kinds, impeding the sales of products and access to credit, to domestic
and foreign payment resources, as well as restrictions on the employment of
staff and other measures having a similar effect. The measures, which need to be
do so for reasons of public safety and order, national health or
morality, not paying for "less favourable" treatment within the meaning of article 3.
(b) the provisions of article 3 shall not bind the) party to provide investors
on the territory of the other Contracting Party, the tax benefits, exemptions and credits, which are
According to the tax legislation guaranteed only to investors with its headquarters on the territory of that
the Contracting Parties.
(c)) the Contracting Parties shall in the framework of its national legal order
benevolent study requests for entry and residence of persons of the other party
Parties that wish to invest in the immediate context of the join
on the territory of the other Contracting Party; the same applies to the employees of one
the Contracting Parties, who in close connection with the investment of desire
Enter the territory of the other Contracting Party and to remain here for the purpose of
of employment. Also, the application for a work permit will be
considered benevolent.
(4)
To article 4
The investor shall also be entitled to a refund if the measures referred to in
Article 4, paragraph 2, to intervene in the company, which is involved in, and this was
his investments damaged.
(5)
Article 5 of the
and transfer "without delay") within the meaning of article 4, paragraph 2, and article 5 of the
paragraph 2 of the conversion is made at the time usually required for taking into account
the options associated with the transfer. This period begins on the day on which the
submitted a request, and in any case may not exceed 2
months.
(b)) a valid rate within the meaning of article 5, paragraph 2 should correspond to cross-
the course (cross rate) arising from courses that would take International
Monetary Fund at the time of the payment as a basis for the relevant currency conversions
special drawing rights.
(6)
In the carriage of goods and persons carried out in the context of investment
one party will not defend or interfere with the movement of the enterprise
the other Contracting Party that has received the authorization to carry out the transport,
If a permit is needed.
Done in Prague on 2. October 1990 in two original copies, each in the
the Czech and German languages, both texts being equally authentic.
For the Czech and Slovak
Federal Republic Of:
Doc. Ing. Václav Klaus, CSc. v.r.
the Finance Minister of CZECHOSLOVAKIA
For the Federal Republic
Germany:
Herman r. Huber
Ambassador Extraordinary and Plenipotentiary
Ambassador
The Federal Republic of Germany
