Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5631.html
Law No. 5631
Acceptance Date: 25/4/2007
ARTICLE 1, signed in Ankara on 25 December 2001 "The Government of the Republic of Turkey between the Government of the State of Qatar Agreement on the Reciprocal Promotion and Protection of Investments" has been used in the validation of.
Article 2 of this Act shall enter into force on the date of publication.
Ministers executes the provisions of Article 3 of this Law.
TURKISH REPUBLIC OF
QATAR STATE BETWEEN THE GOVERNMENT FOR THE PROTECTION AND MUTUAL PROMOTION of
Republic of Turkey and the State of Qatar Government hereinafter "Contracting Parties" as they referred to.
In particular, a Contracting Party to investors with regard to the other Contracting Party in the territory of investments, including the desire to increase economic cooperation, recognizing the implementation of the investment
Agreement, capital and technology flows and to stimulate the economic development of the Contracting Parties fair and the
Investment the treated fairly, a stable environment for investment and Convinced of the need to ensure the most efficient use of economic resources, and an agreement on the protection and mutual promotion of
investment as he decided to ihda,
have the following way deal:
Definitions for the purpose of this Agreement and in this Agreement by olunmadık expressed in another way:
1. "Investor" means:
(a) natural persons are considered citizens according to the laws and regulations of each Contracting Party
(b) established under the legislation in force in each Contracting Party and the center of that enterprise located in the territory of the Contracting Parties, companies, business associations or refers to public institutions.
2. (A) The term "investment" is, although not the existence of all kinds of goods and limiting specifically include the following:
(ii) bonds or other forms of participation in the company,
(ii) returns reinvested, claims to money, the financial value of the investment other rights
(iii) movable and immovable property, as well as other rights or mortgage, measures, pledges and other similar rights defined in accordance with the Contracting parties to the laws and regulations in the territory of such goods,
(iv) industrial and intellectual property rights, patents, industrial designs, trademarks, goodwill, know-how and other similar rights,
(v) given by law or by contract, including concessions related to natural resources business concessions.
(B) Investment term in question was made in accordance with the investment made by the Contracting Party in the territory of the laws and regulations refers to all direct investments, and covers all investments made in the territory of a Contracting Party before or after the entry into force of this Agreement. 3
. "Returns" means amounts obtained from an investment and in particular, though not exclusively, profits, interest and dividends.
4. "Country", the term
- State of Qatar in terms of "country", the land territory of the State of Qatar; Sea countries including the State of Qatar and the continental shelf where international judicial sovereignty and sovereign rights over the use by law or refers to sea areas.
Respect to the Republic of Turkey "country" Republic of Turkey, landlocked country, the sea country, but also the investigation of the natural resources in accordance with international law, use, storage and refers to sea areas that has jurisdiction and sovereign rights over the goal operation.
ARTICLE II Promotion and Protection of Investment
1. Each Contracting Party, the country of investments and activities related to investments in similar situations to be less favorable than that shown to investments of investors of any third country, in accordance with its laws and regulations will allow.
2. Each Contracting Party, established in similar situations to this investment from those shown on the investment of their own investors or any third country investors which invest in the most favorable, it will apply a treatment no less favorable than the treatment. 3
. the Contracting Parties of foreigners entering the country, in accordance with the laws and regulations relating to temporary residence and employment;
(A) a national of each of the Contracting Parties themselves or their significant amount of capital of an investor of the Contracting Party who are employed or other resources committed to the establishment of an investment is located, or are about to, development, administration order or the other Contracting to advise on the run Parties entering the country and will be allowed to stay.
(B) A force of the Contracting Party that was established in accordance with the laws and regulations and other Contracting Parties to the investments of investors of the administrative and technical personnel of their choice, regardless of nationality, will graduate to employment.
4. The provisions of this Article, any party that Contracting Party shall not be valid in the following agreement:
(A) any existing or future customs union, regional economic organizations or similar international agreements;
(B) those relating wholly or mainly to taxation Article III
Expropriation and Compensation 1. Investments in current legislation and this Agreement ıı'inc Article in accordance with the general principles laid, done in a way that is in the public interest and discriminatory and prompt, adequate, will not be expropriated except for the payment of effective compensation, nationalization will or will not be exposed to direct or practices that impact indirectly similar.
2. Compensation, the expropriation of the expropriated investment was made or the date of the announcement will be equivalent to the real market value. Compensation shall be paid without delay and shall be freely transferable unexpected. 3
. Investment, on the other Contracting Party owing to war, insurrection, civil disturbance or other similar events who suffered one of the investors of each Contracting Party, due to the other Contracting Party to be less favorable than that applied to its own investors or any third country investors to be adopted in relation to such losses whichever is the most favorable of the process that will be treated. ARTICLE IV returned to the country and transfer
1. Each Contracting Party shall permit to be made in and out of their own country freely and without unreasonable delay the transfer of all related to an investment. Such transfers include:
(b) of the entire investment or gains derived from the sale or liquidation of a portion
(c) compensation pursuant to Article III,
(d) arising from debt related to investment repayments and interest payments,
(e) the other Contracting Party in the territory, with an investment of relevant work permit those who have received the salary they receive nationals of a Contracting Party, wages and other payments,
(f) an investment payments arising from the dispute.
2. Transfer, exchange provided that the consent of the convertible currency or investor that made the investment at the date of the transfer over any convertible currency shall be based on the applicable rate. ARTICLE V Subrogation
1. If the investments of investors of a Contracting Party is insured against non-commercial risks under a system any insurer which stems from the terms of the contract of insurance subrogation shall be recognized by the other Contracting Party.
2. The insurer shall be authorized to exercise any rights other than the rights will be entitled to exercise the investor. 3
. legal dispute between an insurer and a Contracting Party to this Agreement IX. It shall be resolved in accordance with the provisions of Article.
this Agreement, investment or related activities are subordinated to the more favorable treatment than is provided for by this Agreement in similar situations,
(a) one of the laws and regulations of each Contracting Party, administrative practices or procedures either administrative or judicial decisions,
(b) international legal obligations, or
(c) an investment agreement or including those in the investment permit coverage would be contrary to the obligations it has undertaken any Contracting Party. ARTICLE VII 1
Being Engel. Present each of the public order of the Agreement, the Contracting Parties and to apply the necessary measures for the protection of morals, to fulfill their obligations towards sustaining or maintenance of international peace or security, or will not impair the protection of the interests of their necessary safety.
2. Each of the Contracting Parties to this Agreement, provided that such transactions are ruining the essence of any of the rights set forth in this Agreement shall prevent the ordered special procedures relating to the establishment of investment.
Contracting Parties, and someone request, resolve any disputes relating to this Agreement or to discuss any issue related to or review the implementation of this Agreement, agree to engage in immediate consultations.
Article IX Settlement of Disputes Between a Contracting Party to the other Contracting Party Investors
1. all kinds arising from an investment between one Contracting Party with investors of the Contracting Parties concerning the legal dispute between the two parties will be resolved in good faith.
2. If this dispute, the dispute in writing by one or the other taraftarınca from the date laid down is not resolved within a period of six months, request of either party and election over, will be presented to one of the following authorities for solution:
(a) such investment the country made the Contracting Parties to the competent court;
or (b) If applicable, this contract; with the States in Washington on March 18, 1965 Settlement of Other States' Citizens Between Investment Disputes established by the Convention on International Investment Dispute Resolution Center (ICSID), or
(c) United Nations International Trade Law Commission in accordance with the Arbitration Rules for this purpose a tribunal will be established (UNCITRAL).
Solution to the conflict choose one of the above-mentioned way of investment disputes each party to the other two ways you can not follow. 3
A) the provisions of this Agreement,
b) law, including the rules relating to conflict, these investments will be based on the country's national laws and regulations made by the Contracting Parties.
4. The arbitration decision shall be final and binding on all Parties to the dispute. The decision Each Contracting Party shall fulfill in accordance with their laws.
5. It will interpret the decision of the arbitral tribunal at the request of any of the Parties. Unless otherwise agreed by the parties, the place of arbitration Hague, Netherlands.
6. Conflict parties to the Contracting Party does not assert during treatment with the investment dispute never immune or compensation for the damage or loss of all or a portion including the fact that compensated the investor covered by an insurance contract as a defense.
ARTICLE XI Settlement of Disputes between the Contracting Parties
1. Contracting Fan, any disputes that transpired between them in the application or interpretation of this Agreement in good faith and a spirit of cooperation, and will work quickly to resolve in a fair way. In this respect, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties, from the emergence of the dispute do not reach an agreement by the method mentioned in six months, at the request of either Contracting Party, the dispute may be referred to an arbitral tribunal of three members.
2. Since receipt of the request within two months of each Contracting Party shall appoint one arbitrator. The two arbitrators, the Contracting Parties with a third country national who has diplomatic relations with both the President shall select a third arbitrator.
If one of the Contracting Parties not appoint an arbitrator within the specified time, the other Contracting Party may request the President of the International Court of Justice to make the appointment. 3
. If the two arbitrators fail to agree on the election since the election of the chairman within two months, the Chairman, at the request of either Contracting Party shall be selected by the President of the International Court of Justice.
4. If the International Court of Justice President is prevented from fulfilling its duties or the party will be made by the Vice President election is a national of either Contracting Party and is prevented from fulfilling the tasks referred to if the Vice-President or if he is a citizen of either Contracting Party, the election who is not a citizen of either Contracting Party the most senior member of the Court It will be done by.
5. The arbitral tribunal shall, from the date of selection of the Chairman within a month, will have to agree on the way the rules of procedure would be consistent with the other provisions of this Agreement. If the tribunal fails to appoint its rules of procedure within one month, the UNCITRAL rules will be applied.
6. Unless otherwise agreed, from the date of selection within eight months, all submissions shall be made and all hearings shall be completed and the tribunal whichever will have later on the date of the gerçekleşirse- hearing bits or decision within two months after the last statement. The arbitral tribunal shall take decisions by a majority of votes shall be final and binding.
7. With regard to the dispute tribunal shall apply the rules of this Agreement. Arbitration replace the Hague, the Netherlands will be.
8. President, other costs associated with the other umpire of the costs of the proceedings be paid for equally by the Contracting Parties. However, it may decide ex officio to be paid by one of the Contracting Parties of a higher proportion of the tribunal costs.
9. If a dispute of this Agreement IX. According to Article was submitted to an international arbitration court and is still there waiting to be resolved, but the dispute will be submitted to another international arbitration court in accordance with the provisions of this Article. This will not impair the engagement in direct and meaningful negotiations between both Contracting Parties. ARTICLE XI Entry into Force
1. This Agreement shall enter into force on the date of exchange of instruments of ratification have been completed. Agreement shall remain in force indefinitely unless it shall remain in force for a period of ten years and by the end of the second paragraph of this Article. This Agreement entered into force in addition to the investments existing investments made or acquired after this date will also apply.
2. Each of the Contracting Parties by giving notice of termination in writing to the other Contracting Party from a year ago, may terminate the Agreement or at the end of the first decade after the end of each moment. 3
. Contracting Parties to this Agreement may be amended by written agreement. Any amendment shall enter into force upon the notification that it has completed all internal requirements for entry into force of amendments to the other Contracting Party each Contracting Party.
4. This made prior to the date of termination of this Agreement or place and in relation to investment by the implementation of this Agreement, the provisions of other of all the substance of this Agreement shall remain in force for a further ten years from the date of the last question.
Duly authorized representatives of the Parties to this Agreement, signed in peace.
In Ankara, Turkish 25 December 2001, the Arabic and English languages, all of which have also concluded as equally valid. In case of divergence, the English text shall prevail
STATE GOVERNMENT OF THE REPUBLIC OF TURKEY FOR THE GOVERNMENT OF QATAR
ON BEHALF OF ON BEHALF
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