On The Agreement On The Reciprocal Promotion And Protection Of Investments Between Czechoslovakia And Fr

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

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39495&nr=453~2F1991~20Sb.&ft=txt

453/1991 Coll.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs declares that on 13 November. September 1990

was in the Prague agreement signed on mutual investment promotion and protection

between the Czech and Slovak Federative Republic of Brazil and the French

Republic.



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.



Agreement entered into force, pursuant to article 13 on 27 November. September

1991.



The Czech version of the agreement shall be published at the same time.



The AGREEMENT



on mutual promotion of investment



between



The Czech and Slovak Federal Republic and the French Republic



Czech and Slovak Federal Republic and the French Republic,

referred to as the "Contracting Parties"



Desiring to intensify economic cooperation between the two countries and

create favourable conditions for investment in France and Czechoslovakia

French investments in Czechoslovakia;



convinced that the promotion and protection of such investment helps to

transfers of capital and technology between the two countries in the interest of economic

development;



They agreed on the following provisions:



Article 1



For the purposes of this agreement:



1. The term "investment" refers to all assets, such as property and rights

of all kinds, and in particular:



a) movable and immovable property, as well as all rights, in particular

mortgages, preferential rights, guarantees and rights;



(b)) shares and all other forms of participation in companies based on the

the territory of one Contracting Party, as well as all the rights arising therefrom;



c) bonds, debts and rights to any transactions which have

economic value;



d) copyrights, industrial rights (such as patents, trade

marks, designs and models), technological processes, licenses,

trade names and connections;



e) concessions granted under the law or the contract, in particular the concession

concerning the exploration, cultivation, extraction or exploitation of natural

wealth, including that which is located in the coastal zone of the Contracting

of the parties;

it being understood that these assets are, or have been invested in accordance

with the legislation of the Contracting Party on whose territory or in which

the coastal zone is the investment.



The term "investment" indicates also the indirect investment, carried out

investors of one Contracting Party in the territory of or in the coastal zone

the other Contracting Parties through the investor of a third State.



Any change in the forms of investment assets does not change their nature as

investments within the meaning of this agreement, provided that the change is not in the

contrary to the legislation of the Contracting Party on whose territory or in which

the coastal zone is the investment.



2. the term "investor" means:



and) any natural person who is a citizen of one of the Contracting Parties and

that may, in accordance with its legal structure, carry out investments on

territory or in the coastal zone of the other party;



(b)) any legal person incorporated within the territory of one of the Contracting Parties in

accordance with its legal system, and that has its registered office.



3. The term "returns" means all amounts arising from investments during the

a given period, in particular, profits, dividends, interest, fees, commissions.



4. this Agreement shall apply in the territory of each Contracting Party, as well as in

the coastal zone of each party, which is defined as

economic zone and the continental shelf, which extend beyond the

the boundaries of the territorial waters of each party and on which these

the Contracting Parties shall be performed in accordance with international law, the sovereign

law and jurisdiction in the realm of exploration, exploitation and protection of natural

sources.



Article 2



Each Contracting Party allows and supports within their national legal systems and

the provisions of this agreement, the investments made by investors of the other Contracting

Parties on its territory and in its coastal zone.



Article 3



Each Contracting Party undertakes to protect, on their territory and in their

the coastal zone of the investments of the investors of the other Contracting Parties fair

and equal treatment, in accordance with the principles of international law,

excluding any unfair or discriminatory measures that would

could be a hindrance to their management, maintenance, use, or

disposal of investment, and do so in a manner that the exercise of the rights thus recognized

is not constrained or legally or de facto.



The principle of fair and equal treatment applies in particular to

the purchase and transport of raw materials and auxiliary materials, energy and fuel, as well

as to the means of production of any kind and on the sale and transport of products

inside the country and abroad.



Article 4



Each Party shall provide in its territory and in its coastal zone

investors of the other Contracting Parties, as regards their investment and

the activities associated with these investments, a treatment no less favourable than

grants in accordance with its legal structure, its investors or than

treatment accorded to investors of State rejected the highest benefits

If this is more convenient.



This treatment shall not apply to benefits, that Contracting Party

grants from the third State to investors based on their participation or

membership of a free-trade zone, a Customs Union, common market,

the Organization of mutual economic assistance or any other form of regional

of the organization or on the basis of the agreement on the avoidance of double

taxation or any other international agreements in the tax area.



Investors permission to work on the territory or in the coastal zone of one of the

the contracting parties must have adequate conditions for the exercise of their professional

activity. The Contracting Parties shall in the framework of their national legal systems positively

to assess an application for entry and residence permit, work and movement, which

citizens shall submit to the Contracting Party because of investments in the territory of or in

the coastal zone of the other party.



Article 5



Investments, which are the subject of the special commitment of the Contracting Parties to

investors of the other Contracting Party, shall be governed, regardless of the

the provisions of this agreement, the text of this undertaking, if it contains the provisions of the

more favourable than foreseen by this agreement.



Article 6



1. Investments made by investors of either Contracting Party shall enjoy in the

territories and in the coastal zone of the other party the full protection and

safety.



2. income from the investments and re-investments in the case of income from these reinvestments

enjoy the protection as an investment.



3. the Contracting Parties nevyvlastní or investments of investors from nationalization

the other Contracting Party, or does not make any other measures having for

investors of the other Contracting Party results in the direct or indirect

the loss of the ownership of the investments held in their territory or in

their coastal zone with the exception of measures carried out in the public

interest and on condition that they are not discriminatory or in breach of

with the special obligation within the meaning of article 5.



Measures resulting in the deprivation of property, which could be adopted,

must be accompanied by the payment of prompt and adequate compensation, the

above must match the actual value of the investments concerned the previous

any threat of deprivation of property.



This compensation, its amount and method of payment will be established

no later than the date of deprivation of property. This compensation shall be freely transferable

shall be paid without delay in freely convertible currency. After the expiry of 15 days from the

the date on which the measures have been taken or publicly known until the date of payment,

is to compensate for added interest, calculated according to the market rates.

This rate will be determined according to the "international financial statistics"

published by the International Monetary Fund, if it is not determined

a specific agreement between the investor and the competent authority of the Contracting

party.



Article 7



Investors of one Contracting Party whose investments suffer loss in

as a result of war or other armed conflict,

a State of emergency, riot or any other situations with similar

the consequences that occur on the territory or in the coastal zone of the second

the Contracting Parties will enjoy from her treatment not less favourable than

grants in accordance with its legal structure, to its own investors or

investors from the State rejected the highest benefits.



Article 8



1. each Contracting Party on whose territory or in the coastal zone

investors of the other Contracting Parties have made investments, allows you to

These investors to the free transfer of funds related to

These investments, and in particular:



and profit, dividends), interest and other revenues;



(b) revenue arising from the rights) referred to in paragraph 1 (b). (d)), and (e))

Article 1 of this agreement;



(c) a duly negotiated repayments of loans);



d) proceeds from transfer to or from the total or partial liquidation of investments,

including the value of invested capital;



e) compensation for deprivation of property, or loss referred to in article 6 and 7 of this

The agreement;



2. citizens of the Contracting Parties, who have obtained permission to work on the

territory or in the coastal zone of the other party because of the allowed

investments are also eligible to transfer to the State of their origin

a reasonable portion of their cash income.




3. The transfers referred to in the preceding paragraphs shall be carried out without delay

the official rate of Exchange ruling at the date of the transfer in General.



Article 9



If the legislation of either Contracting Party to predict the possibility of a guarantee for

investments abroad, this guarantee can be granted after

an examination of each individual case of investment undertaken by

investors of that Contracting Party in the territory of or in the coastal zone of the second

the Contracting Parties.



Investments by investors of one Contracting Party in the territory of or in

the coastal zone of the other party may not receive the above

warranty, unless they have been authorised in advance by the latter the Contracting

party.



If one of the parties on the basis of the guarantees provided by

the investment carried out in the territory or in the coastal zone of the other party

payment by one of its investors, for this reason, the

all the rights and actions of the investor, especially those that are listed

in article 10 of this agreement.



Article 10



1. Any dispute concerning the investment between one Contracting Party and

the investor of the other Contracting Party, as far as possible be resolved between

the parties concerned.



2. as soon as the two parties are Contracting Parties to the Convention for the solution

of investment disputes between States and nationals of other States (Washington, 18.

March 1965), then such dispute, if it could not be resolved amicably within 6

months from the time when it was one of the parties to the dispute, will be announced on

the request of one of these parties submitted to the International Centre for

settlement of investment disputes to resolve the arbitration route.



3. until the condition envisaged in paragraph 2 are met and if the

the dispute in question could not be solved within 6 months from the time when he was someday

or the other party to the dispute to establish, will be presented at the request of one

or the other of these parties to arbitration "ad hoc".



The Court of arbitration "ad hoc" will be created for each case

as follows: each party to the dispute shall appoint one arbitrator,

the two arbitrators shall jointly designate a third arbitrator, the citizen of a third State,

who will be the President of the Court. The arbitrators shall be determined within two months,

the President within three months from the date when the investor announced in writing to the interested

the Contracting Party of its intention to apply to the Court of arbitration.



If the time limits referred to above are not complied with, each party in the

the dispute may request the President of the Arbitration Court of the Chamber of Commerce in

Stockholm, Sweden, to make the necessary appointment.



The Court of arbitration "ad hoc" shall lay down its procedural rules in accordance with the

the applicable procedural rules of the United Nations Commission on international trade law.



Article 11



1. disputes between the Contracting Parties concerning the interpretation or implementation of this agreement

It must be, if possible, be settled through diplomatic channels.



2. If the dispute has not been resolved within 6 months from the date it was submitted to the

one of the Contracting Parties, will be presented at the request of one of the Contracting

the parties to an arbitration tribunal.



3. that the Court will be established for each special case as follows: each

Contracting Party shall designate one Member and these two members shall determine together

a citizen of a third State to be appointed by the two parties

Chairman. All members must be appointed within two months of

When one of the parties has notified the other party in

of its intention to submit the dispute to an arbitral tribunal.



4. If the time limits referred to in paragraph 3 are not complied with, one or

the other Contracting Party, unless another agreement has been made, it shall request

the Secretary-General of the UNITED NATIONS to make the necessary appointment. If

the Secretary General is a citizen of one of the Contracting States or if

for any other reason unable to perform this function, make the necessary appointments

senior representative of the Secretary-General, who is not a citizen

one of the parties.



5. the arbitral tribunal shall decide by a majority vote. Its decisions are for

the Contracting Parties shall be final and legally enforceable.



The Court shall lay down its own procedural rules. At the request of one of the Contracting

party carried out the interpretation of the judgment. If the court taking into account the Special

circumstances, decides otherwise, the costs of the arbitration proceedings, as well as expenses

the arbitrators shall be borne by the parties equally.



Article 12



This agreement shall apply to all investments made after 1. January

1950.



Article 13



Each Contracting Party shall notify the other party that it has satisfied

the formalities required by the legal system for its entry into force,

which happens 30 days after receipt of the last notification.



The agreement is concluded for a period of 15 years, will remain in force after the expiry of this

time, if one of the Contracting Parties denounces it through the diplomatic channel with

annual notice.



The investments that were made before the expiry of this agreement,

shall enjoy protection in accordance with their provisions for another 15 years after

its expiry.



Done at Prague on 13. September 1990 in two original copies, each in the

English and French languages, both texts being equally authentic.



For



Czech and Slovak Federal Republic:



Václav Klaus, v.r.



For



The French Republic:



Roland Dumas, v.r.