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Law No. 4520:1.2.2000 article 1. — 21.1.1998, signed in Ankara on "the Council of Ministers of Bosnia and Herzegovina and the Republic of Turkey Investment Between mutual encouragement and Protection Agreement" to be approved. Article 2. — This Act shall become effective the date of promulgation. Article 3 the provisions of this law, the Council of Ministers — executes.
The REPUBLIC of TURKEY and the COUNCIL of MINISTERS OF BOSNIA and HERZEGOVINA and the PROTECTION of the AGREEMENT on MUTUAL PROMOTION and INVESTMENTS BETWEEN the Republic of Turkey and the Council of Ministers of Bosnia and Herzegovina hereafter referred to as "the parties" as anılacaklardır.
Especially with a Party in the territory of the other party to investors, with investments to increase economic cooperation between them, including with the desire, will be subject to the aforementioned investments regarding applications that deal with capital and technology of akd, flow will promote the economic development of the parties by agreeing to bring a stable investment environment and economic resources to the most effective use of investments subject to fair and equitable treatment in the matter of staying or agreed upon should Eclipse will have done a deal for mutual protection and promotion of the decision of the agreed as follows: article I Defines this agreement: 1. the term "investor": (a) either party according to the applicable law of each of the citizenship status of real people, (b) each of the parties in accordance with applicable law and General Home Office located in the country side, not-for-profit institutions, firms or companies other than business partnerships as well as legal persons. 2. (a) the term "Investment", the host Party in accordance with the law in the country and nizam, not limited to, the following assets, provided that: (I) the shares or other forms of participation in companies;
(ii) claims on investment income, money that can be used again or an investment, the financial value of other rights;
(iii) located in the country Side of the property in accordance with law and nizam defined movable and immovable properties, at the same time, mortgage, Lien, pledge and other similar rights;
(iv) Patents, industrial designs, technical processes, at the same time, commercial brands, goodwill, know-how and similar rights such as industrial and intellectual property rights;
(v) in relation to natural resources have been granted concessions to cover, the privileges granted by law or contract work.
(b) in the land of the aforementioned terms, invested in accordance with the laws of the Party and all of the nizam directly refers to investments.
3. the term "Income" is derived from an investment, but not limited to, profit, interest and dividends.
4. "country" refers to: (a) with regard to Bosnia and Herzegovina; Bosnia and Herzegovina's all black country, karasu, Backboard and refers to the underground area.
(b) with regard to Turkey; The land and territorial waters of the Republic of Turkey land at the same time, international law is of course a search operation of the resources, the right to the protection and management of issues sovereignty or accident refers to the sea where the fields.
MADDEII protection and promotion of investments 1. Each party, its magnitude and in connection with activities in the country, any third country that be applied to investments of investors, a similar situation not less favorable conditions, within the framework of relevant laws and will allow the nizam. 2. Each party, has been allocated to these investments; its own investors or to investors of any third country investment, which is more favorable than apply in a similar situation--non-implementation of a treatment less favorable. 3. The parties remain foreigners to their country of origin, and employment in accordance with the relevant laws and with the nizam.
(a) each of the parties, an investment in their own country with regard to the important level of operational capital, and in other ways that don't commit stage resource committed to transfer the other Party or citizens or persons employed by them; Organization, development, management and consulting in order to enter and to reside in the country.
(b) if either party within the framework of the applicable laws and the nizam and the other party legally established companies investors investment, administrative and technical personnel of their choice, regardless of their nationality will be allowed to employ. 4. the provisions of this article, neither party has made any of the following will not be any effect on treaties: (a) Customs Union Already made or to be made in the future, similar regional economic organisation or international treaties;
(b) wholly or mainly to taxation-related ones.
ARTICLE III the expropriation and Compensation 1. Investments, for the purpose of public interest, to be discriminatory, timely, adequate and effective compensation in the framework of the applicable law by paying and presented to this agreement in accordance with the General principles specified in subsection II operations, with the exception of expropriation, nationalization or directly or indirectly shall be subject to the application that created similar effects.
2. If the compensation in question, whichever comes first, from the implementation of the expropriated investment expropriation process learning of expropriation or near just before the real value will be equal to. Compensation will be paid without delay and Mad as defined in the IV will be freely transferable.
3. Investments, war, insurrection, civil disturbance or other similar events in the territory of the other party due to either party of investors suffered, in terms of the other Party of such damages to its own investors or investors of any third country, but not less favorable than the treatment showed, whichever is more favorable it will be subject to abuse.
ARTICLE IV Returned to his country and Transfer 1. Each party, all transfers from their own countries, an investment inside and outside freely and will allow you in good faith to be made without delay. Such transfers include: (a) Income, (b) the sale of all or a portion of an annuity or obtained from sums of liquidation, (c) within the framework of article III of the compensation to be paid, (d) copies of the relevant loan principal and interest payments due, (e) of the other party in the country, an investment is appropriate work permissions for the citizens of a party's salary, wages and other revenues, (I) payments to an investment incompatibilities.
2. Transfers have been made convertible currency or the investment the investor provide support to any convertible currency and the exchange rate valid on the date of the transfer will be made.
3. Transfers shall be made in accordance with the relevant legislation. He claims that each of the parties in relation to the investment made, all financial obligations to the other party investors and exchange regulations is fulfilled all obligations, provided it is valid on the date the investment available to investors is carried out without the restrictions of transfer of investments and income to ensure all rights and benefits. MADDEV Subrogation 1. If one side investors investment, non-commercial risks within a lawful system is insurance sigortalayanın insurance halefiyeti other kinds caused by the terms of the agreement will be recognized Tarafca.
2. Insures, the investor may be authorized to use the rights will not be authorized to use right outside.
3. mismatches between A Party of this agreement, the business that insures with VIII. Shall be decided in accordance with the provisions of article.
MADDEVI the law of each Party or Most Pros Terms between the parties in addition to this agreement, which is available now or hereafter will be between the parties of the obligations arising from international law, plant the other side get their investments public or private investors that deal with favourable treatment than is provided for in a regulation to contain, this arrangement is more a priority of this agreement to the extent of lehe.
ARTICLE VII in accordance with the tax policy of taxation, the parties each of which the other party is neutral and equal treatment to investors to make investment effort will.
MADDEVIII Disputes Between A Party and the other party's Investor 1. If either party to the other party with an investor that the investor investment between disputes that arise in relation to the investor by the host Party shall be notified in writing to include additional information. Investors and interested parties in this dispute, as far as possible, in good faith, to resolve through mutual negotiations and negotiations.
2. If disputes, first paragraph specified written notification within the six-month period, cannot be resolved in this way; conflict can choose the investor can be presented in the following authorities: a) to be a member of this hub of both sides, the citizens of Other States with Investment Disputes Between the States Solution Agreement for International Investment Disputes which has been established through the Solution Center (ICSID), (b) the United Nations Commission on International trade law will be set up for this purpose by the rules of arbitration in a Court of arbitration (UNCITRAL), (c) Paris International Chamber of Commerce Court of arbitration That condition. where a party is an investor mismatch has been brought to the judicial courts by the party within a year, the final decision must be taken.
(a) the provisions of this agreement, (b) the rules relating to conflict of laws, including the laws and the invested Party in the country, will be based on the nizam.
4. Arbitration; final and binding for all sides of the dispute. Given the decision of each Party's national law.
ARTICLE IX Disputes between the parties 1. The parties agree that the interpretation or implementation of this agreement, any and all in the spirit of goodwill and cooperation that it is computationally infeasible, quick and fair solutions. In this regard, the parties agree that this type of services and solutions that are meaningful and they agreed to direct talks. If the parties, from the date on which the start of the dispute between them within six months if they don't reach a compromise with this method, the dispute at the request of any party, may be moved to a three-Member Arbitration Committee.
2. Each party within two months from the receipt of the claim, will appoint a referee. These two referee, a third country citizens to elect as President a third referee. If either party fails to appoint an arbitrator within the period specified, the President of the International Court of Justice on the other Party, may request the user to make this determination Divanının.
3. If the two referee, President of selection within two months from the Election Committee if they don't negotiate about, head of the delegation, at the request of the President of the International Court of Justice granted by one of by seçilebilecektir.
4. The President of the International Court of Justice, this item must be specified in the second and third paragraph in alıkonulursa than just serve either party or are a citizen of choice will be made by the Vice President and Vice President to fulfill the task, also referred to alıkonulursa or if either party is a citizen of either party who are not citizens of the choice of the most senior will be made by a member of the Court.
5. The President of the Arbitration Committee Delegation is elected within three months from the date of this agreement in a manner that is consistent with other procedural rules will negotiate. In the event that there is a lack of such an agreement, the Arbitration Committee, taking into account the rules of procedure of the international arbitration procedure to appoint the President of the International Court of Justice rules demand.
6. Unless otherwise agreed, from the date on which the President is elected within eight months, will be held in all statements will be completed for all hearings and Arbitration Committee-which then happens-the end of the last statement, or within two months after the trial decision. The Arbitration Committee will be final and binding decision will be by majority vote.
7. The President, don't judge other reviewers ' costs and other related expenses will be paid equally by the parties. However, the Arbitration Committee either party a higher ratio of expenses by the payment of ex officio.
8. If this agreement is a dispute, VIII. An international arbitration court in accordance with article presented and still waiting for the solution there is, under the provisions of this article the same dispute to another will not be offered to the International Arbitration Court. This is a direct and meaningful between both sides through negotiations but will not prevent contact.
Entering into force MADDEX TAKES 1. This agreement, upon completion of the ratification, the Convention shall enter into force on the date of the change. The agreement will remain in force for a period of ten years and this is the second paragraph of the item will remain in effect unless terminated according to erdirilmediği. After the date of entry into force of this Agreement, or the realized investments made will be applied.
2. each of the parties in writing to the other party a year ago and the first ten years of the deal by feshî report by the end of the period or may terminate at any time after that.
3. This agreement can be modified by a written agreement between the parties. Any changes, either party to the other side of each change has completed all the necessary formalities for the entry into force of internal report on the. 4. before the date of expiration of this agreement and this agreement is to be applied or carried out investments in relation to all other provisions of the TOS of this agreement, the question, from the date of the expiration of the terms shall continue in full force an additional ten years.
The parties to this agreement, entered in peace full authorized representative.
..................................................... signed in English.
ON BEHALF OF THE GOVERNMENT OF BOSNIA AND HERZEGOVINA AND THE REPUBLIC OF TURKEY, ON BEHALF OF THE COUNCIL OF MINISTERS
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