The Agreement On The Promotion Of Investment, With The Republic Of Uzbekistan

Original Language Title: Dohoda o podpoře investic s Uzbeckou republikou

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202/1998 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Change: 16/2011 Coll. m.s.



Ministry of Foreign Affairs says that the 15 December. January 1997 was in

The Prague agreement signed between the Czech Republic and the Republic of Uzbekistan on the

mutual investment promotion and protection.



The agreement gave its assent, Parliament of the Czech Republic and the President of the

Republic has ratified it.



Agreement entered into force pursuant to its article 12, paragraph 2(a). 1 day 6.

April 1998.



The Czech version of the agreement shall be published at the same time. In the Russian text of the agreement, which

for its interpretation of the applicable, can be consulted on the Ministry of

Foreign Affairs and the Ministry of finance.



The AGREEMENT



between the Czech Republic and the Republic of Uzbekistan on mutual support and

protection of investments



Czech Republic and the Republic of Uzbekistan, hereinafter referred to as "the Contracting Parties",



Desiring to consolidate and to expand economic cooperation between the two

the Contracting Parties,



intending to create favourable conditions for investments by investors of one

Contracting Party in the territory of the other Contracting Party,



Noting that the promotion and reciprocal protection of investments in accordance with this

the agreement will encourage entrepreneurial initiative in this area,



agree on the following:



Article 1



The definition of the



For the purposes of this agreement:



1. The term "investment" refers to all types of assets

invested in accordance with the economic activities in order to achieve

the profit investors of one Contracting Party in the territory of the other Contracting Party in

accordance with its legal system and includes, in particular, but not exclusively:



I) movable and immovable property, as well as all the associated g/l

rights such as mortgages, pledges, guarantees and similar rights;



II) shares, unsecured company bonds, bonds and any other

forms of participation in the assets of a legal person;



(iii) the claim or claims) the cash from any of the obligations related to

investment and economic value;



IV) intellectual property rights, including copyright and industrial rights,

such as the rights to the patents, trademarks, trade name,

industrial design rights, economic secrets, trade secrets,

technological processes, know-how and goodwill associated with investment;



in) the rights arising from law or the contract, licence or

the permit issued in accordance with the law, including rights relating to concessions to

exploration, extraction, cultivation or exploitation of natural resources.

Any changes to the form in which they are invested, values do not affect

on their character as investments.



2. the term "investor" means any natural or legal person,

investing in the territory of the other Contracting Party.



even) the notion of "natural person" means any natural person having a

the nationality of either Contracting Party in accordance with its legal

regulations and also the person without citizenship having this status, which

has the right to do business under the law of one of the Contracting Parties.



(ii)), the term "legal person" means with regard to both parties

any legal person registered or established in accordance with the

its jurisdiction and recognised as a legal person that has its registered office

on the territory of one of the Contracting Parties.



3. The term "returns" means the amounts yielded from investments or amounts with them

related and includes, in particular, but not exclusively, profits, dividends,

interest, capital gains, royalties, and any other statutory

revenue.



4. The term "territory" means the territory of the Czech Republic, and the territory of Uzbekistan

Republic, over which each Contracting Party may exercise their

the sovereign rights and jurisdiction in accordance with international law.



Article 2



The promotion and protection of investments



1. each Contracting Party shall promote investments by investors of the other

the Contracting Parties and will create favourable conditions for investors of the other

the Contracting Parties, to invest in its territory, and such investment

to admit to its territory in accordance with their national law.



2. Each Contracting Party shall, in accordance with its legal structure to permit

and to promote in its territory investments by investors of the other Contracting Party,

provide them with the proper and fair treatment and to guarantee them also

full and unconditional legal protection.



3. If a Contracting Party under this agreement, admitted to its territory

investments, this Contracting Party shall issue, in accordance with its legal structure

investors of the other Contracting Party the necessary permits relating to the following

investments.



Article 3



National treatment and MFN clause



1. each Contracting Party shall in its territory for investments and income

investors of the other Contracting Party treatment, which is the proper and fair

and no less favourable than that accorded to investments or the proceeds of their

its own investors or to investors of any investments or the proceeds

a third State, if such treatment is more favourable.



2. each Contracting Party shall in its territory of investors of the other Contracting

the Parties shall, with regard to the management, maintenance, use, recovery or disposal

with their investments, treatment which is the proper and equitable and not less

favourable than that accorded to its own investors or to investors

any non-Member State, if such treatment is more favourable.



3. the provisions on national treatment and MFN clause referred to in

This article shall not apply to advantages granted by the Contracting

the Party on the basis of its obligations as a member of the customs, economic or

Monetary Union, a common market or free trade area, or in the framework of the

other forms of regional cooperation. The Contracting Party agrees,

that the obligations of the other Contracting Parties as a member of the customs, economic or

Monetary Union, a common market or free trade zone include commitments

arising from international or mutual contracts relating to these

the customs, economic and Monetary Union, a common market, free zone

trade or other forms of regional cooperation.



4. the provisions of this Agreement shall not be construed so that undertake one Contracting

hand to provide investors of the other Contracting Parties or their

investments or the proceeds of such preference or privilege, which can

the first party to provide on the basis of an international treaty on

is wholly or mainly to taxation.



Article 4



Compensation for damage



1. If the investments of investors of one or the other party will suffer

damage due to war or other armed conflict, special

the State, civil disturbance or other similar events on the territory of the

the other Contracting Party, shall provide the Contracting Party with regard to the

damages, compensation or other settlement, a treatment no less

favourable than what the Contracting Party shall provide their own

investors or investors of the third State.



2. Notwithstanding paragraph 1 of this article will be to investors of one Contracting

the parties, who, during the events referred to in the preceding paragraph

have suffered damage in the territory of the other Contracting Party of:



I) seizure of their assets by the armed forces or official authorities

the other Contracting Party;



(ii)) the destruction of their property by the armed forces or official authorities

the other party, which was not due to enemy actions or

It was not invoked by the necessity of the situation,

given fair and reasonable compensation for any damage suffered as a result of

such events or as a result of destruction of property. The resulting payments

will be transferred without delay in freely convertible currency.



Article 5



Deprivation and restriction of ownership rights



1. the Contracting Parties shall not directly or indirectly make negotiations

leading to expropriation, nationalization or conduct having the same

nature or similar consequences in relation to the investments belonging to the

investors of the other Contracting Party, if the measures because of the

public interest, made under the law on a non-discriminatory basis.



2. the Contracting Party which carried out the expropriation of an investment in a way

laid down in paragraph 1 of this article shall ensure that the other investors

the parties were given fair and effective compensation. Such

the refund will be equal to the value of the expropriated investment immediately before the

the expropriation or before the intended expropriation became publicly known

(whichever occurs first), will include interest from prices

expropriated investment calculated on the basis of commonly used market

the interest rate from the date of expropriation until the date of payment and will be freely

shall not be transferable. The refund amount will be determined in a freely convertible currency and

the investor will be paid without undue delay, regardless of the place,

where it is located or has permanent residence. Transfer without undue delay

means the conversion of a carried out within the period normally required for fulfilment of the

formal requirements for conversion. This time limit begins to run from the date of

the request for conversion and may not exceed three months.



3. The investor has the right to request a judicial or other independent authority

the Contracting Party in whose territory the investment is made, the

urgent review of his case on the waiver itself or

restriction of ownership rights and the assessment of its investments in accordance with the

the principles contained in this article.



Article 6



Transfers



1. without prejudice to the measures adopted by the European Community, the Contracting
Parties shall ensure the transfer payments related to investments or returns.

Transfers will be made in freely convertible currency without restriction and

unnecessary delay after the payment of the corresponding taxes, deductions and

the fees. Such transfers shall include in particular, but not exclusively:



I) originally invested capital and any additional capital to maintain the

or enlarge the investment;



II) profits, interest, dividends and other current income;



(iii) the amount of the repayment of loans);



IV) license or other fees;



in) the proceeds from the sale or liquidation of all or part of the investment;



vi) remuneration for legally work — natural persons of the other party

the parties, which shall carry out activities connected with investments, in accordance with the

the legal order of the Contracting Party where the investment is made;



VII) compensation granted in accordance with the articles of this agreement and other payments

associated with any investment disputes under this agreement.



2. transfers shall be made in freely convertible currency using the

the prevailing rate for ordinary transactions valid as of the date of transfer, if the

not otherwise agreed.



3. Transfers that were made "without undue delay" referred to in paragraph 1

This article means transfers made within the time limit, which is usually

necessary for the implementation of such transfer. This period shall not in any

If more than three months.



4. Notwithstanding the provisions of paragraphs 1, 2 and 3 of this article, a Contracting

a party may deny the transfer under the terms of a fair and

the non-discriminatory application of the rule of law in cases involving

with:



I) bankruptcy or insolvency;



(ii) the protection of the rights of creditors);



III) criminal offences or administrative offences.



5. Import and export of foreign currencies of the Contracting Parties and the other States, foreign exchange payment

documents and securities is governed by the foreign exchange regulations of the place where they are

the investment made.



Article 7



Assignment of rights



1. If a Contracting Party or any authorised her agency

performs any custom payment to the investor because of the guarantees or

insurance agreements in relation to investment, the other party shall recognize:



I) referral of any rights or claims of the investor first Contracting

side or her authorised agency, regardless of whether the transfer of

According to the law or on the basis of the legal arrangements in this country, as well as

also,



(ii)) that Contracting Party or designated agency, which was the law of

Investor referred to is from the title of the assignment of the rights entitled to apply

the rights and claims of the investor to float at the same time with his

commitments relating to the investment.



2. The assignee's rights or claims shall not exceed the rate of indigenous rights or

the claims of the investor.



3. A Contracting Party that is a party in a dispute with an investor of the other Contracting

the party cannot invoke the defence at any time during the process, while

the judgment or during the execution of a decision in this dispute, your

the immunity or the fact that the investor has received compensation payable to him

According to insurance contracts, which do not require the provision of guarantees other

party or her authorised by the Agency and cover wholly or

partly incurred losses.



Article 8



Settlement of investment disputes between a Contracting Party and an investor of the other Contracting

the parties



1. Any dispute which may arise between the Contracting Parties and

the investor of the other Contracting Party in connection with an investment in the territory of the

the other Contracting Parties, shall be resolved by negotiation between the interested

the parties.



2. If a dispute between an investor of one Contracting Party and other Contracting

the party is not so settled within six months, is an investor

entitled to submit the dispute to discuss, either:



and the International Centre for) settlement of investment disputes (ICSID)

taking into account the applicable provisions of the Convention on the settlement of investment

between States and nationals of other States, opened for signature in Washington, D.

(C) 18. March 1965; or



(ii)) the arbitrators or the International Tribunal set up by the ad hoc according to

Arbitration rules of the United Nations Commission for international

commercial law (UNCITRAL). The parties in dispute may agree in writing

on the changes of these rules. The arbitration award shall be final and binding for the

both sides in the dispute.



Article 9



The solution of disputes between the Contracting Parties



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

the agreement will be resolved through diplomatic channels of consultations and negotiations.



2. If the parties do not reach a settlement within a period of six months from the date of

the emergence of the dispute, the dispute shall, at the request of either of the Contracting Parties

submitted to arbitration in accordance with the provisions of this article.



3. the arbitral tribunal shall be established for each individual case in the following

in a way. Each Contracting Party shall designate one arbitrator, within two

months from receipt of the request for arbitration. These two arbitrators then

Select a citizen of a third State, that will be with the consent of both Contracting

the parties appointed the Chairman of the Arbitration Court (hereinafter referred to as "the Chairman").

The Chairman shall be appointed within three months from the date of the appointment of the two arbitrators.



4. If in any of the periods referred to in paragraph 3 of this article has not been

made the necessary appointment of an arbitrator, an arbitrator will be appointed at the request of

one of the Contracting Parties to the President of the International Court of Justice of the UNITED NATIONS.

If the President of the International Court of Justice UNITED NATIONS citizen of a Contracting

the parties cannot enforce this Act or for any other reason, shall appoint an arbitrator

his Vice-President. If the Vice-President is also a citizen of one of the Contracting

the parties execute this operation or not, the arbitrator will be appointed senior

the oldest Member of the United Nations, the International Court of Justice who is not a citizen of the

any Contracting Party.



5. the Arbitration Tribunal shall adopt its decisions by a majority vote. Such

the decision is final and binding for both parties. Each Contracting

the Party shall pay the costs associated with the activities of its own arbitrator and its participation in the

the arbitration proceedings. The costs associated with the activities of the President and other expenses

will be borne by the parties equally. In all other

the Arbitration Court shall determine the issues its own rules rules.



Article 10



The use of other provisions and specific commitments



1. in the event that there is some question of the adjusted or will be adjusted at the same time

This agreement and any other international treaty, to which both are parties

the Contracting Parties, any of the provisions of this Agreement shall not preclude the

any Contracting Party or by any investor who owns

investments on the territory of the other party, take advantage of any legal

provisions that are more favourable for him.



2. If the treatment granted by either party to the investors

the other Contracting Party in accordance with its legal regulations or other

special contractual provisions are more favourable than the treatment

provided by this agreement, will be used this more favourable treatment.



Article 11



Essential security interests



1. None of the provisions in this Agreement shall be interpreted so that it is prevented from

any of the Contracting Parties to adopt measures or decisions

It considers necessary for the protection of its essential security interests:



I) concerning criminal offences,



II) relating to the trade in arms, munitions and war instruments and

transactions in other goods, materials, services, and technologies that

were made with the aim of supplying a military or other security forces,



III) taken in time of war or in time of emergencies in the

international relations,



IV) relating to the implementation of national policies or international agreements

concerning the prohibition of the dissemination of nuclear weapons, or other

nuclear explosive devices, or



in) in accordance with its obligations under the Charter of the UNITED NATIONS to the maintenance of

international peace and security around the world international

the safety.



2. the essential security interests of the Contracting Parties may involve the interests of the

arising from its membership in the customs, economic or monetary Union,

common market or free trade zone or other form of regional

cooperation.



Article 12



The applicability of this agreement



1. the provisions of this Agreement shall apply to investments made by investors

one Contracting Party in the territory of the other Contracting Party from the date of entry into force of this

the agreement into force and also the investments made in accordance with its

the rule of law before the date of entry into force of this agreement.



2. the provisions of this Agreement shall not apply to disputes which the cause

was established to the date of entry into force of this agreement.



Article 13



Entry into force, duration and termination



1. This agreement shall enter into force on the date of receipt of the later notification of

compliance with the national requirements necessary for this agreement in the

the validity of both Contracting Parties.



2. This agreement shall remain in force for a period of ten years and after

This time will remain in effect until 12 months after the date on

When one Contracting Party shall notify the other through diplomatic channels of the Contracting

Party of its intention to terminate the agreement.



3. For investments made prior to the termination of this agreement

the provisions of the preceding articles shall remain all this agreement effective for

ten years from the date of their expiry.



On the evidence of the undersigned, duly authorised thereto, have signed this agreement.



Done at Prague on 15. January 1997 in two original copies in the language
Czech, Uzbek and Russian languages. In the event of a conflict in the interpretation of

the provisions of this agreement, the parties will follow the text of the agreement in the

the Russian language.



For the Czech Republic:



Ing. Ivan Kočárník, CSc., in r.



Deputy Prime Minister and Minister of finance



For the Uzbek Republic:



Abdul Aziz Kamilov in the r.



Minister of Foreign Affairs

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