Agreement between the Government of the Republic of Tajikistan and Government of the Republic of Moldova on encouragement and mutual protection of investments
of November 5, 2002
The government of the Republic of Tajikistan and the Government of the Republic of Moldova, hereinafter referred to as "Contracting parties",
wishing to strengthen economic cooperation on long-term basis for mutual advantage of both states,
having intention to create and support favorable conditions for investments of investors of one state in the territory of other state and, recognizing that assistance and mutual protection of investments, according to this agreement, will promote stimulation of business initiative in this sphere,
agreed about the following:
For the purposes of this agreement:
1. The term "investment" will cover any kind of the assets invested in connection with economic activity by the investor of one Contracting Party in the territory of other Contracting Party according to current laws and rules of the last including, in particular, but not only:
a) the freely convertible currency or other foreign currency received by banks of Contracting Parties and which are object of banking activities;
b) personal and real estate, as well as any other rights, such, as mortgage, the rights of content, providing on loan and the similar rights;
c) shares, securities and debt obligations of legal entities or property part of these legal entities;
d) the requirements concerning money or some obligation fulfillment having economic value connected with investment;
e) intellectual property rights, including copyright, trademarks, patents, industrial designs, technical processes, know-how, commercial secrets, brand names connected with investment;
e) any right granted according to the right or under the contract and also any licenses and permissions according to the right, including concessions on investigation, production, development and operation of natural resources.
Any change of form in which assets are invested will not influence their nature as investments.
2. The term "investor" means any physical person or legal entity which invests on the territory of other Contracting Party:
a) the term "physical person" means any physical person which has nationality of any of Contracting Parties according to its laws;
b) the term "legal entity" means in relation to any Contracting Party any organization created according to the current legislation of the State of each of Contracting Parties and which has the right to perform investments in the territory of other Contracting Party.
3. The term "income" means the sums of money received as a result of investment and includes, in particular, but not only, the income, percent, capital gain, shares, dividends, royalty, service fee.
4. The term "territory" means concerning each Contracting Party the territory which is under its sovereignty and also sea and underwater areas over which this Contracting Party performs, according to international law, sovereignty, the sovereign rights and jurisdiction.
1. Each Contracting Party will encourage and create favorable conditions for investors of other Contracting Party for implementation of investments in the territory and to allow such investments according to its laws and rules.
2. Investments of investors of any of Contracting Parties will use the fair and equal relation and will receive complete protection and safety in the territory of other Contracting Party.
1. Each Contracting Party in the territory will provide to investments of investors of other Contracting Party the mode which is fair and equal at least favorable, than that which it provides to investments of own investors or any third state if it is more profitable according to the legislation of the Contracting Party in the territory of which investments are performed.
2. Each Contracting Party in the territory will provide to investors of other Contracting Party in relation to management, support, use, receipt of the income and the order of the investments the mode which is fair and equal at least favorable, than that which it provides to own investors, or investors of any other state.
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