Period: 21 Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Republic Of Turkey, Azerbaijan Oil Between The Republic Of Azerbaijan And Georgia Cumhuriye

Original Language Title: Dönem : 21 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TÜRKİYE CUMHURİYETİ, AZERBAYCAN CUMHURİYETİ VE GÜRCİSTAN ARASINDA PETROLÜN AZERBAYCAN CUMHURİ

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4585.html

Law No. 4585 Date of Admission: 06/22/2000
Article 1 - November 18, 1999 date, signed in Istanbul, "the Republic of Turkey, the Republic of Azerbaijan and Georgia Between Oil Republic of Azerbaijan, Georgia and the Republic of Turkey Countries over, Agreement on Baku-Tbilisi-Ceyhan Main Export Pipeline Through Transport" of 9 May signed in Istanbul in 2000. "the Republic of Turkey, the Republic of Azerbaijan and Georgia on the Constitution of the Republic of Turkey Territories over Oil Transport, the Republic of Azerbaijan and Georgia between Amending the Republic of Turkey of the Agreement, the Protocol between the Republic of Azerbaijan and Georgia" were appropriate approval reputation. Article 2 - This Law shall enter into force on the date of publication. Article 3 - This Law shall be enforced by the Council of Ministers.



The Republic of Turkey, the Republic of Azerbaijan and Georgia Between Oil
The Republic of Azerbaijan, Georgia and Turkey via the Republic of Countries,
Baku-Tbilisi-Ceyhan Main Export Pipeline Through
Regarding transport
AGREEMENT
represented by the Government of the Republic of Turkey, Georgia and Azerbaijan Republic (the "Government" or separate "state")
Each State within its borders for foreign and domestic investors and / or Country to make investment attractive in the oil transport project, promote and maintain the desired direction, based on the will and desire, and
These States are party to, sign it or international trade and investment agreements and the 1994 Energy Charter, which apply the principles described in the Treaty and between States in the energy sector Given the need to spend cooperation to develop and implement, and
Each State to ensure the oil passage freedom principles, the provision of exclusive land rights and on the other side of the country, within and / or Ülkesinden Acknowledging that there is willingness on the protection and on the environment in the oil transport infrastructure, and petroleum within their own country and / or the project to transport through the country , they are part of the state they were in their or application signed bilaterally and as specified in the multilateral agreement, which entails the transboundary nature, protect investments and investors predicting treatment without being subject to discrimination, investments protector of international law standards, taking into account the implementation regardless of the uniform and non-discriminatory, and | || within their own country and / or support the oil sector investment opportunities for the oil transport projects in the country and Baku last from within their own country or country-Tbilisi-Ceyhan MEP Project to for capital and resource commitments such as creating attractive conditions than based on the supply of oil transportation projects transboundary nature of the as appropriate and necessary private enterprise and the creation of a suitable legal framework for the initiative, and taking into account the importance of implementing it, the agreement between the parties have agreed as follows:
Article I
DEFINITIONS
The following definitions shall apply throughout this Agreement.
"Agreement": then can be modified jointly by the States or in writing, which can be corrected with supplements means this Agreement.
"Constitution": which may be amended from time to time or can be corrected or altered, it means the constitution of a State.
"Organization": under the laws of any state or country or two or established with more written agreement of the person or for organized, any company in the public or private nature, corporations, limited liability company, partnership, limited partnership, joint venture company; unity means trust entities or organizations or otherwise. "Facilities": Subject to the terms and conditions of the relevant Project Agreements for each country; oil within the country and / or pipelines for the transport and outlets through the country and in relation to the MEP Project Project by or on behalf of these investors; Built to operate in a manner well the above mentioned facilities, which are established; Performed maintenance, the repair, replacement expanded, extended, owned, controlled and / or operated all underground and aboveground or marine plants and ancillary equipment, including land specified in the relevant Project Agreement, all filling, emptying, pumping, measuring, testing and metering facilities, communications facilities, telemetry and similar equipment, all pig sending and receiving facilities, all pipelines and other related equipment, pump stations operating or or fluid required for other system needs gas fuel lines and / or power transmission lines, power lines and other related equipment, cathodic protection equipment and hardware, all the sign posts, markers and sacrificial anodes, all port terminal, storage and systems related thereto, all piers and other facilities, all concerned (including roads and other transportation facilities and operational support vehicles) means physical assets and appurtenances. "Foreign Currency": This is issued by a State other than the State Authorities of the Contracting State party remove the country, is not subject to the general limitations or restrictions relating to the conversion or exchange, American birleşikdevlet Dollar, including convertible into freely in a state (convertible), mütedavül means legal tender.
"Government": a State means the central government.
"Host Government Agreement": the MEP Project (along with other Project Agreements) (including disclosure of the MEP Project of Facilities and Transportation Systems) provisions are put; The State on the one hand the Government and other parties in the project developer and / or project signed between other parties authorized by the investor, which may be amended in accordance with the provisions of each of the agreements that may be or may be extended correction means. "MEP Project": As described present the Agreement and the Host Government Agreement and the other Project Agreement, the Republic of Azerbaijan of starting near the city of Baku, Republic of Azerbaijan-Georgia border, then by the Republic of Azerbaijan and Georgia after a certain point it will be decided, Georgia through the close of Tbilisi, Republic of Georgia-Turkey border of East and 43 ° 49` 18 per cent'e` 42º East longitude extending out through a nearby city instead of Ceyhan in Turkey Republic Transport System; study, project planning, design, acquisition, construction, installation, financing, insuring, ownership, operation (including facility or through move up System by Oil Project Investors or they be transported on behalf of and to be transported by ç only) repair, modification, renovation, maintenance, capacity expansion or line extension (such as branches) and means of protection. "Other Project Agreements" This Agreement and the Host outside the government agreement, one side at a State and / or any State Authority and the other side was signed in relation to the MEP Project by any of the project investors, all written agreements and documents based on commitments and those agreements adjusted in accordance with the provisions of all or each, they are arranged or extended state.
"People": it means a natural person or organization.
"Oil": naturally or from natural gas (at standard temperature and pressure of hydrocarbons in the form of gas) obtained, irrespective of the specific gravity; crude oil, condensate, and any liquid hydrocarbon variations or evaporation, condensation or liquid petroleum derived by removing natural gas liquids, asphalt in any case, the bitumen or mineral wax and transport during an amount of released as a breakdown of the liquid hydrocarbon gas included or solution of the above all impurities and liquidated or all hydrocarbon products produced from the above article that is already melting means. "Project Agreement": (i) this Agreement, (ii) Host Government Agreement, and (iii) other Project Agreements means.
"Project Investor": each person is a party to a Host Government Agreement (except devletlerinhükümet on the side such as an agreement with the Host Government) and any operating company of this person, branch, office, permanent establishment, affiliate, officer, agent or their representatives and the relevant MEP regarding the project means any successor or assignee of any of the above areas. "Ç who": MEP regarding the project for the plant and oil transport through oil transport Transportation Systems or related to that contract; and Facilities or having the right to supply oil through the Transportation System (including but not limited to them and Investors Project) People and their successors and assigns it means in terms of rights.
"State Authorities": MEP regarding the project (in the government hierarchy, regardless of the top legal authority whether to supervise by being that or a higher legal authority is a part) all central, regional and all over the country, including local authorities or institutions In every area level, the government and all the institutions that are meant sections and subsections. Without limiting the definition of the points mentioned above; at any time or from time to time made structure, regardless of changes or other way to manage change, regulatory, law enforcement or execution; taxes, fees and other expenses to install or to receive licenses or export permits, consents or show MEP regarding the Project on or MEP Project rights or obligations of the project developer, directly or indirectly, which has the authority to influence otherwise; all kinds of country's executive branch and regulatory agencies, institutions, departments, ministries, authorities, organizations, officials, agents and representatives means. "State Enterprise": a State or one or more State authorities are directly or indirectly controlled by means of any organization.
"Taxes": Interest, penalties and fines with birdevlet or State Authority to be paid to or installed by them (including financial sanctions and administrative penalties), all existing or future taxes, levies, duties, customs duties, shipment, all kinds of assessments, interruptions (including social fund and health insurance contributions), contributions, fees, costs and other expenses are or similar "tax" means any of the foregoing. "Country": the land territory of a State, territorial waters, and airspace above them, and he used to have jurisdiction in accordance with international law, sovereign rights or means sea areas.
"Transportation Systems" (Each state, including all facilities are located in the country) oil starting from a place close to Baku, Azerbaijan, Republic of Azerbaijan, Georgia border, then by the Republic of Azerbaijan and Georgia, which will be a point to be determined, Tbilisi city of Georgia through the close, Georgia and the Republic of Turkey to 42º 49` passing between East and 43 ° 18 per cent'e` East longitude, the Republic of Turkey contains an integrated system necessary for carrying out a line extending from near the Ceyhan town, including the markets of States for distribution to the international oil market, the project by or on behalf of investors who owned them at any time, controlled and / or operated pipeline system and related facilities it means. Article II
MUTUAL REPRESENTATIONS, WARRANTIES AND COMMITMENTS
(1) Each State Government that is committed to the others with the signing of this Agreement: (i) this Agreement; In terms of domestic law in accordance with the Constitution of that State MEP Project of related dominant legal regime and check to validate the binding obligations under international law and / or offer accepted for immediate and accurate manner in the national parliament, (ii) the Agreement (and in particular of the Host Government Agreement in accordance with state and territory and rights associated with the MEP Project for project investors, guarantees, exemptions, allocations, concessions and standards, the waiver and indemnity rights from legal liability) Constitution in accordance with domestic law, in terms of that State MEP judge the tax legislation of that State to make the legal regime for the Project including the authority to issue in accordance with all regulations required the enactment of the relevant provisions of the Agreement, to draft the implementing legislation and other laws as may be necessary to provide duly and promptly take all necessary measures as appropriate; and (iii) as soon as possible ratification of this Agreement and / or the acceptance and the acceptance and / or approval of or prior to this time will show maximum effort to remove all the necessary legislation. (2) II. Article (1). each State to carry out the provisions of the section, the Government of Georgia and signed by the Project Investors (this is added as the Agreement Appendix 1) Host Government Agreement, the Government of Turkey and signed by the Project Investors (this included as Appendix 2 Agreement) Host Government Agreement, the key delivery will be signed between the contractor and the project developer (which is added as the Agreement Annex 3) turnkey of the Agreement and the Republic of Turkey turnkey Agreement guarantee turnkey payment and performance obligations of the contractor in accordance with (this included as Annex 4 Agreement) Government guarantee and the Republic of Azerbaijan Government and which will be signed by the project developer (in this Agreement attached as Appendix 5) Host Government Agreement accurate, complete and unsigned forms Add to this Agreement and so this documents constituted a part of this Agreement. (3) The Government of each State; Also a party to the terms and conditions of ratification, acceptance and / or any other related to the Project Agreement II require legalization. Article (1). Will fulfill the procedures described in Section committed to the other side. (4) Each State, the MEP Project, Country within or between the borders of the country based, capital-intensive and mutually recognizing that environmentally sensitive infrastructure development requires this Agreement, II. Article (1). In a manner approved by the State as stated in section and / or adoption from and after that date and VIII. In accordance with Article until the end, that the State concerned will fulfill the duties and obligations arising from the Project Agreement all the time and undertakes that it will perform. According to the above-mentioned limiting the each state, using all the legal authority to another undertakes to fulfill the following aspects of their State Authorities: (i) This Agreement and any other relevant Project Agreement (provisions on the criteria stipulated), in terms of domestic law in accordance with the Constitution of that State mepproje to for judges, including the Chief Executive and all appropriate regulatory processes required to make the legal regime II Agreement. Article (1). Approval as described in the section and / or in addition to the adoption of the MEP to allow the project to make it possible to take all measures required to implement and maintain; (Ii) the relevant Host Government Agreement and the implementation of the MEP Project, as provided for in any agreement related to another project and provide all the support for the execution and in addition; this Agreement, the related Host Government Agreement and all obligations contained in any relevant Other Project Agreement (an armed conflict as one or including more State over the country and / or terrorist attacks or activities, including the occurrence of the circumstances and without limitation) State authorities instead of taking all necessary measures to ensure implementation and within the country and / or the construction of the facility from the country of ownership and the operation and for oil within the country and / or to create the necessary and appropriate all the conditions for moving through the country and maintain and cooperate with other States to do so located inside; (Iii) Except for the matters specified in the respective Host Government Agreement in Oil Country, through the country and / or under freely moving and the country is out of the country Facilities and transport of oil through the system to prevent the free passage or to block or not to allow the prevention or inhibition and prevention or inhibition take all measures necessary or desirable in order to prevent and make necessary; (Iv) except as expressly stated in matters related Host Government Agreement; (Of any kind relating to the right to compensation and the acquisition of exclusive land rights expense and liability of the responsibilities, and not limited to) MEP Project of exclusive land rights in the country to open trade provisions and ensure they are given under conditions of use; (V) for all approvals and to be informed fully of the States concerned about the status of work on the receipt of consent to ensure the flow of enough timely information to other State and other States to provide immediate written document about all such transactions;
(Vi) Except for the matters specified in the respective Host Government Agreement, in particular the design of the facilities and support systems, building, owning, operation, capacity expansion or line extension (such as branches) and maintenance administrative that adversely may affect, including delays in regulatory or other similar transactions including MEP to take all necessary measures to avoid delays and operational difficulties related to the project;
(Vii) People involved in the project MEP by inserting a foreign country money and allow or again removed from the country and to facilitate the removal of it, and that person; States without restriction of the authority to use foreign currency accounts in the country and this money, accepting the right to change according to the current exchange rate market and ensure the facilitation thereof; (Viii) except those mentioned explicitly in the respective Host Government Agreement; Onsite facilities and between these countries and between countries and goods, materials, supplies, technology and personnel to move freely right and all equipment, materials, machinery, tools, vehicles, spare parts, supplies, hydrocarbons (including fuel) and all other property necessary or appropriate for the MEP Project, business, service, or technology freely about the country imported and are not limited to, including the right to export or re-export from the country (all taxes (customs duties included in them but not limited to) and as free from restrictions) freedom of movement; (Ix) MEP did not allow the project, it makes possible, and the State in terms of supporting the implementation and other states, international organizations and intergovernmental deemed appropriate between the authorities or multilateral agreements and treaties of the negotiations and signing show full cooperation and support in the matter; and
(X) at the request of any project investors, financial institutions of all kinds (including all multilateral lending institutions or export credit agencies and not limited to); All statements contained in any Project Agreement, guarantees, collateral, including written confirmation of the agreement or commitment; Investors give full support to any project financing efforts and activities are in cooperation in this regard.
(5) Each State of the provisions of this Agreement and the terms and the obligations under this Agreement is in accordance with the Constitution in all its aspects and acceptance specified in this Agreement and other relevant Project Agreements and / or approve for transactions (to the extent required by the provisions of the relevant Project Agreements) with the realization of inner MEP Project in accordance with the law of that State for the judge declare that the current regime as the legal guarantees. (6) of this Agreement specified in the consent form and / or from the acceptance of any State; conflict with this Agreement, the Agreement or prevent damage; or State işbuanlaş or enter into other relevant Project Agreements and the ability to apply adversely affect or restrict a domestic law or regulation, or international agreement or that the treaty parties or to implement them and declare whether legally obliged to comply with them and guarantees. (7) Each State with this Agreement; The provisions of Article II (2) of the form in the attached Host Government Agreement pursuant to Section expressly stated otherwise; It represents and warrants the following matters: (i) the State; (II) the provisions of Article (6) the provisions of the representations and warranties described in Section; MEP Project will remain true and accurate terms and (II) the provisions of Article II (1), (3) and (4) (i) in terms of the fulfillment of the obligations undertaken in the Department; contrasting with the implementation of the MEP Project, impair or prevent it; In the provisions of Article (2) of the Department in accordance with the accordance with the Host Government Agreements related annexed to this Agreement or the presence of all the rights, privileges, exemptions, waivers, are guaranteed or protections that limit, restrict or adversely affects the internal laws or regulations, or international conventions and that treaties and apply them to the side and declare that they are not legally obliged to comply with the guarantees. (8) Each State; (I) MEP of the project; The general public within the country or that have nothing to do with the provision of public services to meet public needs; (II) of mepproje; Countries in the public interest or the interest of the operation in order to serve the purpose and necessity to carry it; and (III) provide a fully or partially concession contract or a concession in any way of this Project Agreement or declare that it will not be considered as a special administrative contract being treated in this way and guarantees. (9) The provisions of this Agreement, any State; other parties consent or without the consent, adopted by the relevant Project Investors, to enter the other Project Agreements outside of this Agreement and / or edit the Project Agreement, correction, modification, the right to terminate the extension or last does not restrict in any way, will not prevent or affect in any way.
Article III
SAFETY AND TRANSPORTATION
(1) Each State; MEP regarding the Project Project Investors by, if necessary, and if deemed necessary, the construction of the facilities, before the establishment and operation of this order and the subsequent capacity expansion and extension of the (as branches), including and without limitation, or study for facilities in the country mines in the area to perform the construction work or activities, unexploded ordnance and other explosives, traps or devices to search for and to detonate them safely and / or will be removed. (2) Each State, relating to the MEP Project in its country of all the staff, Facilities, and will provide the project with all other assets in the country related to the MEP Project Investors and MEP Project in accordance with his country's last all oil security and safety, and the previously mentioned limiting each State, all staff in the country related to the MEP Project, Facilities, and related to the MEP Project Project Investors the Country in relation to other assets and MEP Project in the country's last all the oil to ensure the safety and security that will use the State's security forces and / or will provide security personnel and services as may be necessary to fulfill this obligation. In terms of Article III of Georgia (2) of the scope of the obligations specified under Section it will be described in the related Host Government Agreement. (3) Each State related Host Government Agreement and / or as stipulated in the other Project Agreement and applies only immigration within the country, customs, subject to criminal law and other related laws: (i) the relevant Project Investors and the project developer on behalf of or with the consent of their entrance asking all staff, business companies, contractors, ç who, agents, representatives or will make other people of the country and facility entry and the Country and the right output of the facility, and (ii) that such person, their personal belongings and Country of all assets related to these individuals MEP Project It will allow the right of free movement. Article IV
TECHNICAL, SAFETY AND ENVIRONMENTAL STANDARDS
Each state, regardless of the standard and exercises provided by the domestic law of the oil pipeline industry applicable international standards and practice (no case no less stringent than those generally applied by member states of the European Union) and the related Host Government Agreement stipulated the need for proper, construction of facilities, operation, repair, replacement, capacity expansion or extension of lines (such as branches) and for maintenance; uniform technical, safety and environmental standards and shall be determined in cooperation and coordination with other parties in respect of the enforcement-related projects and investors. Article V
TAXES
(1) Related Host Government Agreement, except as provided in private and without these restrictions express provision, no investor in the project, all of the shipper or MEP Project or of a section; property, business, technology or service that allows any visitor; MEP Project, facilities, or transport systems or MEP Project from the assets moved all oil or MEP Project activities or related to it through action or there will be no subject to tax in connection with them directly or indirectly. Each Host Government Agreement on tax exemption, convenience and / or including specific terms and conditions relating to liability, tax containment and / or the provision of tax exemptions or ease the introduction of tax payment and declaration obligations, or will define the legal framework for providing exemptions from them. (2) Related Host Government Agreement in accordance with the MEP in a calendar year in relation to the project if it put a tax on the profits of the project developer, said the tax would be limited to the profit attributable to the project in the country during this calendar year of the project developer. Such arrangements will be made for taxes related Host Government Agreement in accordance with the provisions of this Agreement. In the calculation of these taxes, (ii) the relevant transport system revenue attributable to all activities covered by the State in a calendar year, declared that as such the total amount of revenue the project MEP from the project by the investor obtained effectively in this calendar year will be equal to the actual total revenues, selected by the Project Developer and applied on a regular basis each year will be allocated to the State by any reasonable allocation method. And (ii) the transport system of fully about any costs or expenses States to project selected by the investor, and every year when practiced regularly any reasonable allocation method by which they are declared in a calendar year for each state resolve all these and MEP total amount of spending expenses actually incurred during this calendar year and will be distributed for the project to be equal to the amount of spending. Investors in this way by a project to allocation method is selected, located within the borders of each state relative to the length of the transport system; Transportation System located in each state borders As part of the overall calculation will be based on the accepted practice in any other suitable method of capital expenditure incurred or to be incurred related to or estimated by the relative amount of capital expenditures or international petroleum transportation industry. This type of tax in terms of the MEP Project, which is attributable to the income taxed each Project Investor and where, regardless of whether made by MEP Project expense directly or indirectly related, and any discount that allows the deduction of expenses (depreciation expense writing) can benefit from. Article V (2). costs and expenses referred to in the section will include capital expenditures. (3) Notwithstanding the foregoing provisions, the relevant Host Government Agreement clearly unless otherwise stated otherwise, and there is the vulnerability provisions limiting the any organizations created abroad, any or all of the project investors, ç who, all of the MEP Project, or goods of a section, work, technology or services (credit, financing, insurance or other financial expenses including and not limited to) providing contacts or above the branches or permanent establishments made by payment or payments to listed transactions, the MEP Project or this with related entities or activities with directly or indirectly, to the extent they relate to tax or no tax deduction will be made. (4) Article V (1). and the first sentence of section (3). the whole section, but related Host Government Agreement will be implemented at the discretion of the MEP project which contains provisions related to taxes.
Article VI
IMPLEMENTATION COMMITTEE
(1) States, monitoring of compliance with this Agreement and to facilitate the implementation of this Agreement, two from each state (2) is to set up a commission consisting of representatives. Each state is assigned to this commission that State on behalf on all matters brought pursuant before the Commission with regard to mepproje authorized to act and competent to make that representatives from the date of the Agreement within thirty (30) shall notify the other Party in writing within days. Each State after signing a Host Government Agreement within thirty (30) days of MEP representatives appointed to the commission for the project will be reported in writing to a similar manner as the project developer. Each State, other States and representatives of the project that applies from the date of notification of the written notification made to the Investor (s) which may change. (2) where specified commission will meet upon the written request of any State, or the project developer and pursuant to such a request; MEP provide immediate and effective benefits for the realization of the project and issues that arise in relation to this Agreement, issues, to be resolved in the good will of the problems or conflicts or the interpretation of this Agreement, the State in order to discuss all issues related to the implementation or execution shall immediately consult with each other and with the project developer. (3) In addition to other issues that may be discussed from time to time commission, MEP for the project will take all necessary measures to facilitate the following:
(Ii) for the sake of MEP Project; the resort facilities across and within countries and between the goods, materials, equipment, technology and personnel, especially periodic or repeated manner, including the issue of the international border to cross, III. Article (3). unrestricted movement in accordance with Section; and
(Ii) in accordance with the applicable legislation of the States concerned, within each country by the project developer and exclusive use of the overall radio frequency and communications; route survey, construction, installation, operation, capacity expansion, line extension (such as branches), maintenance and transport to facilitate the orderly and efficient operation of the system and allow it to provide during other measures; States in the country, among them from passing through and this country, facilities and transport aircraft operation by Project Investors are counting on the system.
Article VII
OTHER CONSENT AND ASSUMPTIONS
(1) Each State is examined and receive copies of this Agreement and II. Article (2). Upon signing the project agreement specified in Section declared that he found acceptable in terms of this Agreement and guarantees the implementation of the MEP Project and will fulfill all the obligations and commitments contained in this agreement and agrees to perform.
(2) Each State ownership of all oil transported by Transport System, the Project Investors and / or their trade Ç who will be in accordance with the respective agreements; and except for any State or State Authority mepproje the state to participate in commercial participants, State, Transportation would not make any claims no ownership or rights over oil in the system and on its behalf by others confirms that it will not permit the presence of such claims and agrees. (3) Each State (ii) the date on which the Agreement enters into force, the rights specified in this Agreement and other relevant Project Agreements, authorizations, exemptions, waivers, are guaranteed and privileges and obligations, commitments and responsibilities and other terms and undertakings of this Agreement, it may be inconsistent with the state's current law, öngörülme may or may not have this law, or agrees to require the state to bring changes or exemptions in current law and (ii) related to facilitate the implementation and operation of the MEP Project in the Project Agreement framework; Such terms and conditions of all support the rule of law, ensure that it allows making and compliance, and that the terms and conditions of, he intends to make it superior to the contradicting other laws and affirm that this issue is the interest of each State joint. (4) Each State; A State Oil Plant or not limited to but including flow through the Transportation System, a State MEP Project to prevent or to block or prevent otherwise or to threaten to block the way in an action or be made in inertia or such performing an action or the status Occurrence of such an event encounter case or allow it; the State to resolve the threats posed in this way and to remove any obstacle or hindrance and all MEPs to ensure that project activities are resumed as soon as possible, democratic, taking into account the economic and commercial principles it declares that it will show all legal and reasonable effort. (5) Each State; Restricting all legal and reasonable efforts to the task of the supplies in accordance with this Agreement; State concerned of a Project Agreement pursuant to immediately fulfill all its obligations and failure to perform or reject it; Investors or affected by the project (other than this Agreement) will constitute a violation of the permitted other persons in accordance with the relevant Project Agreements and the People; (Those outside the agreement) about Project Agreement can be converted into money, including interest, as defined in the immediately the entire loss, including adequate and effectively met but would consent with them will be entitled to but not limited to all existing way of compensation, consent to and accept. Article VIII
EFFECTIVENESS, INTERPRETATION AND SETTLEMENT OF DISPUTES
(1) This Agreement, the most recent ratification of the agreement on the parties IX. Article submission will enter into force only specified depository and II. Article (1). from the date of signature of this Agreement shall apply as regards the section. All matters relating to tax the entry into force of this Agreement will be entered into force on the same date. All of termination of this Agreement or termination of the Project Agreement and the provisions of this Agreement shall end with the termination of all its activities.
(2) States; The dispute concerning the interpretation or application of this Agreement VI of this Agreement. established pursuant to Article shall endeavor to settle the commission or through diplomatic channels. This Agreement in accordance with established commissions or consultations conducted by other bodies or diplomatic efforts of the state, regardless of a State, if satisfied that it is unable to resolve the dispute by virtue of its discretion, that State, the other State (s) upon written notice to be sent subject to final and binding solution VIII. A special arbitral tribunal constituted in accordance with Article (ad hoc) can take. This special (ad hoc) arbitration committee; 1994 Energy Charter Treaty, including the provisions related to the settlement of disputes Article 27 (3). with changes that shall be established by applying the provisions of Articles and will work to this Treaty. (3) Each State (other than this Agreement); about conflicts between a Project Agreement in accordance with the MEP project in relation to the State with a Project Investor; he confirmed would be the subject of private international arbitration in accordance with the provisions of the Project Agreement, accepts and displays it to settle. Article IX
DEPOSITARY
After the Republic of Turkey will act as the depositary of this Agreement and signed by the Government will take the original copy of this Agreement. Of this Agreement, a State Approval by and / or acceptance of the then rapidly depositary will give an attestation of the State and the depositary of this Agreement, the approval document shall immediately inform the other States that were entrusted to him in this way. Depositary, his most recent after the deposit of the instruments of ratification of this Agreement from each State shall notify the date of entry into force. Following the entry into force of the Agreement in this way, each State signing the Agreement in its official language to prepare a certified translation and translation, shall be deposited with the depositary. Each State; Host Government Agreement is signed or a copy of other Project Agreement and the text of such an agreement will be approved and deposited with the depositary of the certified translation in their own language. A State or its State Authorities side that changes in existing project agreements or arrangements and / or regarding the new Project Agreement, that State's agreement with such amendments or approved of a new Project Agreement, a copy and a signed copy of such agreement and confirmed in its official language a translation shall be deposited with the depositary. Article X
PARTICIPATION
This Agreement; From the date of signing of this order if the consents that all States party to the Agreement; States will be agreed between the participating states with appropriate documents are open to the participation of another state after being signed, namely, in this case all the obligations contained in this Agreement shall exist between all States parties to this Agreement. No participating State; This Agreement does not impose any reservations without the consent of all States parties. Article XI
ENTIRE AGREEMENT
This Agreement, to the extent exhibited contradiction with itself, Transportation of all previous protocol between States regarding the oil moving through the system, override agreements or treaties and eliminate.
18 November 1999 the Istanbul, Republic of Turkey in English in four (4) Agreed bold and original copies have been concluded between the parties.
Republic of Turkey, Republic of Azerbaijan, Georgia
on behalf of behalf on behalf of (Signature) (Signature) (Signature)
The Republic of Turkey, the Republic of Azerbaijan and Georgia Territories
Moving out on the oil
The Republic of Turkey between the Republic of Azerbaijan and Georgia
Amending the Agreement
The Republic of Turkey, the Republic of Azerbaijan and between Georgia PROTOCOL
Represented by the Government of the Republic of Turkey, Georgia and Azerbaijan Republic (the "Government" or individually the "State");
State of November 18, 1999, the Republic of Turkey, the Republic of Azerbaijan and Georgia Territories over Regarding the Republic of Turkey Petroleum Transportation, the Republic of Azerbaijan and Georgia between the Agreement ( "the Intergovernmental Agreement") in accordance with the desire to be changed;
Among them have agreed as follows:
Article I
DEFINITIONS
All definitions used in the Intergovernmental Agreement applies to the terms used in this Protocol.
Article II
SOME CHANGES
(I) Intergovernmental Agreement Annex-1 creates the Georgian Government and the Project Investors Between Transition state not signed the Country Agreement, appended as the Protocol Declarations AA, amended and re-designated the Georgian transition between the Government of the Project Investor Country has been completely abolished by the Agreement and It has been changed. Memorandum to (i) of Annex 1 will take place and (ii) in Annex 1 of the Agreement will be henceforth in all respects Intergovernmental. (2) Intergovernmental Agreement Annex 5 forming the Republic of Azerbaijan Government unsigned of the Project Investors Between Transition Countries Agreement form, this protocol attached to the Declarations B, as amended, and the transition between the re-designated the Azerbaijan Republic of the Project Investor Country Agreement by completely abolished It substituted and replaced. Declarations B (i) Appendix 5 replacements and (ii) will be henceforth in all respects Intergovernmental Annex 5 of the Agreement. Article III
AFTER OPERATION
Each State Government in this Protocol and pleadings Intergovernmental Agreement, an integral part of the form to consciousness would be the interests of the State, the Intergovernmental Agreement, Article II, Section (1) of the in accordance with all provisions, including envisaged, appropriate intergovernmental agreement of this Protocol and pledge and the entry into force of the provisions that the necessary steps in order to express and Intergovernmental Agreement In accordance with the national parliaments will provide each State committed against others. Four (4) in the original case and English, the 9th day of May 2000, was held in Istanbul.
REPUBLIC OF AZERBAIJAN REPUBLIC OF GEORGIA
ON BEHALF OF ON BEHALF OF ON BEHALF
(Signature) (Signature) (Signature)
APPENDIX LIST
* The Republic of Turkey, Republic of Azerbaijan, Georgia and Azerbaijan Oil Between the Republic of Georgia and the Republic of Turkey over the country for the Baku-Tbilisi-Ceyhan Main Export Pipeline Agreement on the Carriage Annexes
Appendix 1: with Georgia (MEP Associates) Host Government Agreement between
Appendix 2: The Government of the Republic of Turkey (MEP Associates) Host Government Agreement between
Appendix 3: (MEP Associates) and Turnkey Contractors Turnkey Contracting Agreement Between
Appendix A: System Definition and Project Terms
Appendix B: Project Payment Program
Appendix C: MEP Associates of the Claims Process Control Appendix D: Baku-Ceyhan Crude Oil Pipeline Project Project Implementation Plan
Appendix 4: The Republic of Turkey Prime Ministry Undersecretariat of Treasury Warranty
Appendix 5: Azerbaijan Government (MEP Associates) Host Government Agreement between
* The Republic of Turkey, the Republic of Azerbaijan and Georgia Territories Regarding the Republic of Turkey on Petroleum Transport, Republic of Azerbaijan, Georgia and Turkey on the Between the Amendment to the Agreement Republic, Protocol attachments between the Republic of Azerbaijan and Georgia Appendix 1: with Georgia (MEP Associates) between the Host Government Agreement || | Appendix 5: Azerbaijan Government (MEP Associates) between the Host Government Agreement