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The Government Of The Republic Of Latvia And The Government Of The People's Republic Of China On The Promotion And Protection Of Investments, And The Protocol Of The Government Of The Republic Of Latvia And The Government Of The People's Republic Of Ch...

Original Language Title: Par Latvijas Republikas valdības un Ķīnas Tautas Republikas valdības līgumu par ieguldījumu veicināšanu un aizsardzību un Protokolu Latvijas Republikas valdības un Ķīnas Tautas Republikas valdības līgumam par ieguldījumu veicināšanu un aizsardzību

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The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the people's Republic of China on the promotion and protection of investments, and the Protocol of the Government of the Republic of Latvia and the Government of the people's Republic of China to the agreement on the promotion and protection of investments 1. 2004 April 15 in Beijing signed the Government of the Republic of Latvia and the Government of the people's Republic of China on the promotion and protection of investment (hereinafter the agreement) and the Protocol of the Government of the Republic of Latvia and the Government of the people's Republic of China on the promotion and protection of investment (hereinafter the Protocol) with this law is adopted and approved.
2. article. The agreement shall enter into force for the period specified in article 14 of the Protocol, and in order, the date of its signature, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
3. article. The law shall enter into force on the day following its promulgation. To put the contract in law and Protocol Latvian and English.
The law adopted by the Parliament in 2004 on September 30.
State v. President Vaira Vīķe-Freiberga in Riga 2004 13 October editorial comment: the law shall enter into force on 14 October 2004.
 
The Government of the Republic of LATVIA and the GOVERNMENT of the people's Republic of China on the promotion and protection of investments the Government of the Republic of Latvia and the Government of the people's Republic of China (hereinafter referred to as the "Contracting Parties");
Desiring to promote conditions favourable to the investors of one Contracting Party for investment in the territory of the other Contracting Party;
Recognizing that such an investment promotion and protection between the international agreement will stimulate business initiatives and contribute to the prosperity of the Contracting Parties;
Desiring to support the wider cooperation between the two countries on an equal and mutually beneficial basis, have agreed as follows: article 1 definitions for the purpose of this agreement: 1. The term "investment" means every kind of asset, by investors of one Contracting Party are investing in the territory of the other Contracting Party in accordance with the laws and regulations and, in particular, but not exclusively, includes: (a) movable and immovable property and any other property rights , such as a mortgage, the mortgage rights, and similar rights;
(b) shares, stock options and other forms of participation in companies;
(c) the claim for pecuniary or any other performances, which is associated with economic value;
(d) intellectual property rights, including copyrights, patents, trademarks, technical processes, non-patented practical knowledge (know-how) and the prestige of the company ("good-will");
(e) business benefits granted under the law or in accordance with the laws of the relevant commercial contracts, including benefits, to search for natural resources, mining or cultivation.
Any change to the contribution in the form of an asset does not affect the nature of what they display as investments, if such changes do not conflict with the laws of the Contracting Party and the laws and regulations in the territory of which the contribution is made.
2. The term "investor" means: (a) as regards the Republic of Latvia: (i) "natural person" means a citizen or non-citizen of the Republic of Latvia in accordance with the laws and regulations;
(ii) "legal person" means any legal entity such as company, merchants ' Association, institution or organization, established or constituted in accordance with the laws of the Republic of Latvia and regulations and is registered in the territory of the Republic of Latvia, is a profit or non-profit, with limited or unlimited liability.
(b) in respect of the people's Republic of China: (i) natural persons who have the nationality of the people's Republic of China in accordance with the people's Republic of China, the laws in force;
(ii) legal formations, including companies, associations, partnerships and other organizations established or constituted in accordance with the people's Republic of China laws and regulations and are registered in the people's Republic of China.
3. The term "earnings" means the amount of money being contributed, and they include profits, dividends, interest income, income from capital gains, royalties, fees, and other legal income.
Article 2 promotion and protection of investments 1 each Contracting Party shall invite the Contracting Parties to the other investors to make investments in its territory and shall adopt such investments in accordance with its laws and regulations.
2. Both Contracting Parties to investments of investors of other Contracting Parties in the territory are guaranteed permanent protection and security.
3. Without limiting its laws and regulations, the contracting parties do not take unjustified or discriminatory measures against the other Contracting Parties of the investment management, maintenance, use, acquisition and sale of benefits or other forms of action.
4. The Contracting Parties in accordance with their national laws and regulations shall undertake to provide the assistance and facilities for visa and work permit in the receipt by the other Contracting Party to nationals, which works in conjunction with the investments that have been made the first Contracting Party.
Article 3 treatment of Investments 1. each Contracting Party shall grant within its territory of the other Contracting Party, investments of investors fair and equitable treatment.
2. Without limiting its laws, regulations and administrative provisions, each Contracting Party by the other Contracting Party and to investments of investors, of the activities associated with it, the treatment that is no less favourable than that which it grants its investor investment and related activities.
3. the Contracting Party by the other Contracting Party of the investor investment and related activities do not grant treatment that is less favourable than that which they grant a third country investments of investors and its related activities.
4. each Contracting Party of the other party, investments of investors and related activities allocate preferential treatment from those mentioned in this article in part 2 and 3.
5. The provisions of part 3 is not iztulkojam to bind the Contracting Party the obligation to extend to the investors of the other Contracting Party the benefit of any treatment or privilege arising out of: (a) customs, free trade zones, economic associations, Monetary Union and any international treaties by which the creation of such a Union or similar associations have been created;
(b) all international treaties or agreements that are fully or mostly refers to taxation;
(c) all agreements that facilitate small-scale border trade in border areas.
Article 4 expropriation 1. an investor of one Contracting Party for investments in the territory of the other Contracting Party are not ekspropriējam, nacionalizējam or subject to other similar measures (hereinafter referred to as "expropriation"), except where the expropriation is made, subject to all the conditions listed below: (a) the public interest;
(b) in accordance with national statutory procedures;
(c) a non-discriminatory manner;
(d) providing compensation.
2. in This article, part 1 of the compensation must be equivalent to the value of the expropriated investment immediately before the expropriation or before the impending expropriation became known to the public, whichever is the earlier. The value is determined in accordance with generally accepted valuation principles. The compensation payable in freely convertible currencies. Compensation includes a commercial interest rate, which is calculated from the date of expropriation until the date of payment. Refund shall be made promptly, it is fully realizable and freely transferable.
Article 5 the consideration for the damage and loss If investors of a Contracting Party to investment suffers losses of war, armed conflict, emergency, revolt, insurrection or other similar events in the territory of the other Contracting Party, the latter Contracting Party applied to restitution, indemnification, compensation or other settlement, no less favourable treatment as the last Contracting Parties apply the same regime or any third country investors, depending on which of these modes is more favourable to the investor.
Article 6 payment transfers 1. each Contracting Party in accordance with its laws and regulations guarantee the investors of the other Contracting Party with all the investment and income transfers, including free: (a) profits, dividends, interest and other legitimate income;
(b) the proceeds of the contribution to the total or partial sale or liquidation;
(c) investment-related loan agreement payments;
(d) the royalties article 1 (d) of part 1 point;
(e) payments of technical assistance or other technical services related charges, administration charges;
(f) payments related to the outline agreement;
(g) the nationals of the other Contracting Party who work in connection with an investment in its territory.
Such transfers are executed immediately.

2. part 1 of this article shall not affect the free transfer of compensation that is payable under this contract, article 4 and 5.
3. The above transfers made in freely convertible currency, in accordance with the prevailing commercial exchange rate in force on the territory of the Contracting Party, accepting contributions and transfers a day.
Article 7 right of subrogation if a Contracting Party or its designated agency makes a payment to its investors under a guarantee or contract of insurance against non-commercial risks, which it has granted for investment in the territory of the other Contracting Party, the latter Contracting Party shall recognize: (a) all such rights of the investor or the transfer of the claim to the first Contracting Party or its designated agency in accordance with the law or legal business in the country and that (b) the first Contracting Party or its authorized body, taking over the rights of the investor, the investor is entitled to exercise the rights and requirements and commitments in connection with investment in the same volume as the investor.
Article 8 settlement of disputes between Contracting Parties 1. disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled by consultation, through the diplomatic channel.
2. If the dispute cannot thus be settled within six months, at the request of either contracting party be submitted in the special ad hoc arbitration.
3. Such arbitral tribunal composed of three arbitrators. Two months after one of the parties to the other in writing announced that it wants to put the dispute to arbitration, each Contracting Party shall appoint one arbitrator. Those two arbitrators shall within a further two-month period select a third country that has diplomatic relations with both parties, citizen, which the concurrence of the Chairman of the Arbitration Board appointed.
4. If the arbitral tribunal has not been constituted within four months a written statement of dispute in the arbitration, any party may, in the absence of any other agreement, request the President of the International Court of Justice to make the necessary appointment of judges. If the President of the International Court of Justice is a citizen of a Contracting Party, or for any other reason unable to execute these functions, then the next highest ranking International Court of Justice, a member who is not a citizen of a Contracting Party and that nothing prevents the run these functions, are invited to make the necessary appointment of judges.
5. the Arbitration Tribunal shall determine its own procedure. The arbitral tribunal make judgment, in accordance with the provisions of this agreement and the principles of international law, which are recognised by both Contracting Parties.
6. The Arbitration Board shall make decisions by majority vote. Such a judgment is final and binding on both Contracting Parties. The Tribunal, at the request of either Contracting Party, it must explain its reasons for judgment.
7. Each Contracting Party shall bear its own costs of the arbitrators and the costs of legal representation in the arbitration procedure. Arbitration costs and similar parts shall be borne by the two Contracting Parties.
Article 9 settlement of disputes between a Contracting Party and other Contracting Parties by investors 1. Any dispute between the Contracting Parties and investors of the other Contracting Party, which is linked to the territory of the other Contracting Party of the investment made, as much as possible, to seek to resolve the dispute by negotiation of the parties-friendly way.
2. If a dispute between an investor of one Contracting Party and other Contracting Party cannot be settled within six months, after given written notice of the claim, the investor has the right to choose to submit a case: (a) the contracting parties concerned, the competent court;
(b) the International Center for investment dispute settlement (ICSID), established by 18 March 1965 in Washington signed the Convention on the settlement of investment disputes between States and nationals of other countries.
Once the investor has submitted the dispute to the parties concerned, the competent court or international investment dispute resolution Centre, the choice of the procedure is final. Despite this, the investor who disputes a claim is submitted by the contracting parties concerned, the competent court is the opportunity to present the case that article 2 point (b) of part in the arbitration, if the investor has withdrawn his application to the requirements of the national courts of the Contracting Party in accordance with the procedural rights before the delivery of the judgment.
3. The arbitration award must be in accordance with the law of the Contracting Party and the laws involved in the dispute, including its rules on the conflict of rights, the terms of this agreement, as well as the generally recognized principles of international law.
4. the judgment is final and binding on both parties. Both Contracting Parties undertake the execution of the judgment of the Arbitration Board.
10. Article 1 of the public each Contracting Party shall promptly publish or provide a publicly available its generally applicable laws, regulations, procedural and administrative practice and judicial decisions, as well as international agreements which may affect the investors of the other Contracting Party, the first investments in the territory of the Contracting Party concerned.
2. this agreement does not oblige a Contracting Party to provide or provide access to any confidential information or information that is related to the investors and their investments, the disclosure of which may impede the implementation of the law, or contrary to the laws that protect privacy or may harm the legitimate commercial interests of particular enterprises of particular investors.
Article 11 other liabilities 1. If one of the Contracting Parties currently existing or future laws or international obligations between the Contracting Parties shall determine the investors of the other Contracting Party of the contribution regime that is more favourable than the terms of this agreement, then this Agreement shall not affect such more favourable treatment.
2. Each Contracting Party shall constantly guarantee the commitments that it has entered into in relation to investors of the other Contracting Party to make investments.
Article 12 application of the agreement this Agreement shall apply to investments in the territory of one of the Contracting Parties in accordance with its laws and regulations made by investors of the other Contracting Party before or after the entry into force of this agreement, it does not, however, apply to investment disputes that could have occurred before the entry into force of this agreement.
Article 13 consultations 1. representatives of the Contracting Parties shall hold meetings periodically to: (a) review the questions on the application of this agreement;
(b) the exchange of legal information and investment opportunities;
(c) address the issues of dispute related to investment;
(d) Exchange proposals on investment promotion;
(e) analyse the different issues related to investment.
2. If a Contracting Party requests consultations on questions of part 1 of this article, the other Contracting Party shall provide timely response and consultations take place alternately in Riga and Beijing.
Article 14 entry into force, duration and termination 1. this Treaty shall enter into force on the first day of the month following the date on which the two Contracting Parties shall notify each other, in writing, of the fact that their respective internal procedures necessary for entry into force of the Treaty, and it shall remain in force for ten years.
2. this Agreement shall remain in force unless either contracting party notifies in writing the other party of its intention to terminate this agreement in the year before the initial ten year period ended, or at any time thereafter.
3. To investments made before the expiry of this agreement, this Agreement shall continue to apply up to 1 article 13 provisions for ten years from the date of termination of this agreement.
4. With the written agreement of the Contracting Parties, this agreement may be amended. All amendments shall enter into force in the same manner as this agreement.
In witness whereof the undersigned, being duly authorized representatives of the Government, have signed this agreement.
Signed in duplicate in Beijing, Chinese and Latvian 15.04.2004, English language, and the text being equally authentic. If there is a difference in interpretation, the text is decisive in English.
The Republic of Latvia, the Republic of China Government, the Government of the Republic of Džigang is Maris Riekstins Džang Foreign Ministry State Secretary of trade Undersecretary for the Protocol of the Government of the Republic of LATVIA and the GOVERNMENT of the people's Republic of China to the agreement on the promotion and protection of investments the Government of the Republic of Latvia Signed, and the Government of the people's Republic of China on the promotion and protection of investments, the undersigned representatives of the parties have agreed upon the following provisions which form an integral part of the contract : pointing to article 1

The people's Republic of China in the Republic of Latvia to take account of the statement that the term "non-citizen" in article 1, 2 (a) (i) identifies the person in accordance with the law "on the status of former USSR citizens who are not Latvian or other nationality" are entitled to a Latvian citizen's passport not issued.
Pointing to article 9 of the Republic of Latvia shall take account of the statement of the people's Republic of China, which the investor before the submission of the dispute to ICSID article 9, part 2, for the order shall be required to respect the local administrative examination procedure, in accordance with the people's Republic of China laws and regulations. The people's Republic of China undertakes to ensure the consideration of such a procedure no longer than three months.
The Republic of Latvia, the Republic of China Government, the Government of the Republic of Džigang is Maris Riekstins Džang Foreign Ministry State Secretary of trade Undersecretary agreement BETWEEN the Government OF the REPUBLIC OF Latvia AND the Government OF the people's REPUBLIC OF China ON the PROMOTION AND PROTECTION OF investments the Government of the Republic of Latvia and the Government of the people's Republic of China (hereinafter referred to as the Contracting Parties) , Intending to create favorable conditions for investment by an investor of one Contracting Party in the territory of the other Contracting Party;
Recognizing that the reciprocal encouragement, promotion and protection of such investment will be conduciv to stimulating business initiative of the investor and will increase prosperity in both States;
(Menu rngton Line4) to intensify the cooperation of both States on the basis of equality and mutual benefits;
Have agreed as follows: article 1 DEFINITION For the purpose of this agreement, the term "investment" means every kind of asset invested by investors of one Contracting Party in accordanc with the laws and regulations of the other Contracting Party in the territory of the latter, particularly, though not exclusively in the Andes, includes: (a) movable and immovabl property and other property rights such as mortgages that pledge and similar rights;
(b) shares, debentur, stock and any other kind of participation in companies;
(c) claims to money or to any performance having an economic value like others associated with an investment;
(d) intellectual property rights, in particularly copyrights, patents, trade-marks, trade-names, technical processes, know-how and good-will;
(e) the business of concession conferred by law or under contract permitted by law, including the search for concession, cultivat, extract or exploit natural resources.
Any change in the form in which assets are invested does not make their character as investments affec provided that such change is in accordanc with the laws and regulations of the Contracting Party in whose territory the investment has been made.
2. The term "investor" means, (a) In respect of the Republic of Latvia: (i) "natural person" means (a) a citizen or non-citizen in accordanc with the laws and regulations of the Republic of Latvia;
(ii) "legal person" means any legal entity such as company, corporation, firm, partnership, business association, institution or organization, incorporated or constituted in accordanc with the laws and regulations of the Republic of Latvia and having its registered office within the jurisdiction of the Republic of Latvia, whethers or not for profit and whethers its liabilit with limited or not.
(b) In respect of the people's of Republic of China: (i) natural persons who have the nationality of the people's of Republic of China in accordanc with the law of the people's of Republic of China;
(ii) legal entities, including companies, associations, partnerships and other organizations, incorporated or constituted under the law and regulations of the people's of Republic of China and have their registered office in the people's of Republic of China.
3. The term "returns" means the yielded from investments in non, including profits, dividends, interest, capital gains, royalt, Pirelli and others legitimat income.
Article 2 PROMOTION AND PROTECTION OF investment Each Contracting Party shall 1 encourag investors of the other Contracting Party to make investments in its territory and to such investments in accordanc admi with its laws and regulations.
2. Investments of the investors of either Contracting Party shall enjoy the constant protection and security in the territory of the other Contracting Party.
3. Without prejudice to its laws and regulations, the Contracting Party shall not take any ither unreasonabl or discriminatory measure against of the management, maintenance, use, enjoymen and disposal of the investments by the investors of the other Contracting Party.
4. Subject to its laws and regulations, the Contracting Party shall provide one assistance and facilities for obtaining all in and working permit to nationals of the other Contracting Party engaging in activities associated with investments made in the territory of that Contracting Party.
Article 3 treatment OF investment 1. Investments of the investors of each Contracting Party shall be accorded all the time fair and equitable treatment in the territory of the other Contracting Party.
2. Without prejudice to its laws and regulations, each Contracting Party shall accord to investments and activities associated with such investments by the investors of the other Contracting Party treatment not less favorable than that accorded to the investments and associated activities by its own investors.
3. no Contracting Party shall subject ither investments and activities associated with such investments by the investors of the other Contracting Party the treatment less favorable than that accorded to the investments and associated activities by the investor of any third State.
4. Each Contracting Party shall accord to investments and activities associated with such investments by the investors of the other Contracting Party treatment, which is the most favorable of those stipulated in paragraph 2 and paragraph 3 of this article.
5. The provision of Paragraph 3 of this article shall not be construed so as to comp one Contracting Party to extend to the investors of the other Contracting Party the benefit of any treatment, preference or privilege by virtue of: (a) any customs union, a free trade zone, economic union, monetary union and any international agreement resulting in such unions, or similar institutions;
(b) any international agreement relating wholly or mainly to or through their taxation;
(c) any arrangements for facilitating small scale frontier trade in border areas.
Article 4 EXPROPRIATION 1. no Contracting Party shall expropriat ither, nationaliz or take other similar measure (hereinafter referred to as "expropriation") against the investments of the investors of the other Contracting Party in its territory, unless all the following conditions are met: (a) for the public interests;
(b) under the domestic legal procedure;
(c) without discrimination;
(d) against compensation.
2. The compensation mentioned in Paragraph 1 of this article shall be equivalent to the value of the expropriated investments immediately before the expropriation or impending expropriation is taken the become the public knowledge, whichever is earlier. The value shall be determined in accordanc with generally recognised principles of valuation. The compensation shall be in a freely convertible currency. The compensation shall include interest at a normal commercial rate from the date of expropriation until the date of payment. The compensation shall also be made without delay, be effectively realizabl and transferabl freely.
Article 6 COMPENSATION FOR DAMAGE AND LOSS of the investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer the loss of Owings, a State of war national emergency, riot or other similar insurrections, events in the territory of the latter Contracting Party, shall be accorded by the latter Contracting Party the treatment, as regards restitution, indemnification, compensation and other settlements from the less favorable than that accorded to the investors of its own or any third State , whichever is more favorable to the investor concerned.
Article 6 Each Contracting Party 1 a TRANSFER shall, subject to its laws and regulations that guarantee to the investors of the other Contracting Party the transfer of their investments and returns held in its territory, including: (a) profits, dividends, interests and others legitimat income;
(b) is obtained from the total proceed or partial sale or liquidation of investments;
(c) payments to a loan agreement pursuan in connection with investments;
(d) in relations to the royalt matters in Paragraph 1 (d) of article 1;
(e) payments of technical assistance or technical service fee, management fee;
(f) payments in connection with contracting projects;
(g) earnings of nationals of the other Contracting Party who work in connection with an investment in its territory.
Such transfers shall be effected without delay.
2. Nothing in Paragraph 1 of this article shall be affec the free transfer of compensation paid under article 4 and 5 of this agreement.
3. The transfer mentioned above shall be made in a freely convertible currency and at the prevailing market rate of Exchange applicable within the Contracting Party accepting the investments and on the date of transfer.
Article 8 SUBROGATION If a Contracting Party or its one designated agency makes a payment to its investors under a guarantee or a contract of insurance against non-commercial risks it has accorded in respect of an investment made in the territory of the other Contracting Party, the latter Contracting Party shall recognize:

(a) the assignment, whethers under the law or a legal transaction pursuan to in the former Contracting Party of any rights or claims by the investor to the former Contracting Party or its designated agency thereof, as well as, (b) that the former Contracting Party or its designated agency is entitled by virtue of subrogation to exercise the rights and enforce the claims of that investor and assume the obligations related to the investment of it the same as the exten investor.
Article 8 settlement OF DISPUTE BETWEEN the CONTRACTING PARTIES 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled with consultation through diplomatic channels.
2. If a dispute cannot be settled within six months of the, it shall, upon the request of either Contracting Party, be submitted to an ad hoc tribunal CAs.
3. Such tribunal of three arbitrator compris. Within two months of the receipt of the written notice requesting arbitration, each Contracting Party shall be one arbitrator. appoin Those two, the arbitrator shall within further two months, together select a national of a third State having diplomatic relations with both Contracting Parties as Chairman of the CAs tribunal.
4. If the CAs tribunal has not been constituted within four months from the receipt of the written notice requesting arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any appointments not cessary. If the President is a national of either Contracting Party or is otherwise prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make such appointments not cessary.
5. The tribunal shall it will determin CAs own procedure. The CAs tribunal shall reach its award in accordanc with the provision of this agreement and the principles of international law recognized by both Contracting Parties.
6. The CAs tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Contracting Parties. The CAs tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each Contracting Party shall bear the costs of its appointed arbitrator and of its representation in the CAs proceedings. The relevant costs of the tribunal shall be borne as Chairman and in equal parts by the Contracting Parties.
Article 9 settlement OF DISPUTE BETWEEN an INVESTOR of one CONTRACTING PARTY AND 1. Any legal dispute between an investor of one Contracting Party and the other Contracting Party in connection with an investment in the territory of the other Contracting Party shall, as far as possible, be settled amicably through negotiation between the parties to the dispute.
2. If the dispute cannot be settled through negotiation within six months of from the data it has been raised by either party to the dispute, it shall be submitted by the choice of the investor: (a) to the competent court of the Contracting Party that is a party to the dispute;
(b) the International Center for settlement of investment Dispute (ICSID) under the Convention on the settlement of the Dispute between States and nationals of Other States, done at Washington on March 18, 1965. Once the investor has submitted the dispute to the competent court of the Contracting Party concerned or to the ICSID, the choice of one of the two procedures shall be final. However, an investor who has submitted the dispute to a national court may not have vertheles recourses to the CAs tribunal mentioned in paragraph (b) of this article, if the investor has withdrawn his case from the national court according to the procedural law of that Contracting Party before judgement has been delivered on the subject matter.
3. The arbitration award shall be based on the law of the Contracting Party to the dispute including its rules on the conflict of laws, the provision of this agreement as well as the universally accepted principles of international law.
4. The arbitration award shall be final and binding upon both parties to the dispute. Both Contracting Parties shall commit themselves to the enforcement of the award.
Article 1 Each Contracting Party 10 TRANSPARENCY shall promptly publish, or otherwise make publicly available, its laws, regulations, procedures and administrative ruling and judicial decisions of general application as well as international agreements which may be affec the investment of an investor of the other Contracting Party in the territory of the former Contracting Party.
2. Nothing in this Agreement shall require a Contracting Party to furnish or allow access to any confidential or proprietary information concerning particular investors or investments, the disclosure of which would be a law enforcement or imped contrary to its laws protecting confidentiality or prejudice the commercial interests of particular legitimat investor.
Article 11 OTHER OBLIGATION 1. If the legislation of either Contracting Party or international obligations existing at present or established in the hereafter between the Contracting Parties result in a position entitling investments by investors of the other Contracting Party to a treatment more favorable than is provided for by the agreement, such position shall not be affected by this agreement.
2. Each Contracting Party shall observe any commitment it may have entered into with the investors of the other Contracting Party as regards to their investments.
Article 12 APPLICATION this Agreement shall apply to investment made prior to or after its entry into force by investors of one Contracting Party in the territory of the other Contracting Party in accordanc with the laws and regulations of the Contracting Party concerned, but not apply to the dispute before it of the aros for entry into force.
Article 13 CONSULTATION 1. The representatives of the Contracting Parties shall hold meetings from time to time for the purpose of: (a) reviewing the implementation of this agreement;
(b) exchanging legal information and investment opportunities;
(c) resolving the dispute arising out of investments;
(d) forwarding proposals on promotion of investment;
(e) studying other issues in connection with investment.
2. Where either Contracting Party requests consultation on any matter of Paragraph 1 of this article, the other Contracting Party shall give prompt response and the consultation be held alternatively in Riga and Beijing.
Article 14 ENTRY into force, DURATION AND TERMINATION 1. This agreement shall enter into force on the first day of the following month after the date on which both Contracting Parties have notified each other in writing that their respectiv internal legal procedures does not therefore have been fulfilled cessary and remain in force for a period of ten years.
2. This agreement shall continue to be in force unless either Contracting Party has given a written notice to the other Contracting Party to terminate this agreement one year before the expiration of the initial ten year period or at any time thereafter.
3. With respect to investments made prior to the date of termination of this agreement, the provision of article 1 to13 shall continue to be effective for a further period of ten years from the date of such termination.
4. This agreement may be amended by written agreement between the Contracting Parties. Any amendment shall enter into force under the same procedures required for entry into force of the present agreement.
In WITNESS WHEREOF the undersigned, duly authorized by the Governments respectiv theret, have signed this agreement.
Done in duplicate at Beijing on 15.04.2004, in the Latvian, Chinese and English languages, all texts being equally authentic. In the case of the interpretation, the divergen English text shall prevails.
For the Government For the Government of the Republic of the people's Republic of China of Latvia Maris Riekstins Zhang Zhigang Vice Minister of the State Secretary of the Ministry of Commerce of the Foreign Affairs of the people's Republic of China PROTOCOL TO agreement BETWEEN the Government OF the REPUBLIC OF Latvia AND the Government OF the people's REPUBLIC OF China ON the PROMOTION AND PROTECTION OF investments On the signing of the agreement between the Government of the Republic of Latvia and the Government of the people's Republic of China on the Promotion and Protection of investments, the undersigned representatives have agreed on the following provision in which an integral on the constitut of the agreement: Ad article 1 the people's Republic of China takes note of the statement of the Republic of Latvia that the term "non-citizen" referred to in article 1, paragraph 2 (a) (i) (a) a person who, means, in accordanc with the Law on the status of those Former U.S.S.R. citizens who Do not have Citizenship of Latvia or that of any Other State, has a right to a non-citizen passport issued by the Republic of Latvia.
Ad article 9-the Republic of Latvia takes note of the statement that the people's Republic of China requires that the investors concerned to exhaust the domestic administrative review procedure specified by the laws and regulations of the people's Republic of China, before submission of the dispute to ICSID under article 9, paragraph 2. The people's Republic of China declare that of such a procedure will take a maximum period of three months.
For the Government For the Government of the Republic of the people's Republic of China of Latvia Maris Riekstins Zhang Zhigang Vice Minister of the State Secretary of the Ministry of Commerce of the Foreign Affairs of the people's Republic of China