On The Agreement Between Czechoslovakia And West Germany On The Promotion And Mutual Protection Of Investments

Original Language Title: o Dohodě mezi ČSFR a SRN o podpoře a vzájemné ochraně investic

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40360&nr=573~2F1992~20Sb.&ft=txt

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