Agreement between the Government of the Republic of Tajikistan and Government of the Russian Federation on mutual protection of investments
of April 17, 1999
The government of the Republic of Tajikistan and the Government of the Russian Federation which are hereinafter referred to as with Contracting Parties
developing basic provisions of the Agreement on cooperation in the field of investing activities of December 24, 1993,
aiming to create favorable conditions for increase in investments of investors of one Contracting Party in the territory of other Contracting Party,
recognizing that encouragement and mutual protection of investment on the basis of the present the Agreement I will promote development mutually advantageous trade and economic and sci-tech cooperation agreed about the following:
For the purposes of this agreement;
1. The term "investor" means concerning each of Contracting Parties:
a) any physical person who is the citizen of the state of the Contracting Party and competent according to its legislation to perform investments in the territory of other Contracting Party;
b) any legal entity created according to the legislation existing in the territory of this Contracting Party provided that the legal entity is competent according to the legislation of the Contracting Party to perform investments in the territory of the state another Agreeing the Parties.
2. The term "investments" covers all types of property and intellectual values which invest the investor of one Agreeing the Parties in the territory of another Agreeing the Parties according to its legislation, and in particular:
a) personal and real estate, and also appropriate property rights:
b) money, and also shares, deposits and other forms of participation:
c) right to claim on money which invests for creation of economic values, or the services having economic value connected with investments:
d) exclusive rights on intellectual property items (copyright, the rights to the invention, the industrial designs, useful models, trademarks or service marks, trade names, technology, information having the commercial value, and know-how):
e) the right to implementation of business activity, provided on the basis of the law or the agreement, including in particular the right to investigation, development and operation of natural resources.
No change of form in which property invests or reinvested will influence their nature and quality of investment provided that such change will not contradict the legislation Agreeing the Party in the territory of which investments are performed.
3. The term "income" means the amounts received as a result of investments according to Item 2 of this Article and includes, in particular: profit, dividends, percent, license and commission fees, and also other remunerations.
4. The term "territory" means the territory of the Republic of Tajikistan of pla the territory of the Russian Federation and includes its exclusive ecological zone and the continental shelf determined according to the Convention of the UN on maritime law of 1982.
5. The term "legislation of the Contracting Party" means the legislation of the Republic of Tajikistan or the legislation of the Russian Federation.
1. Each of Contracting Parties will encourage investors another Agreeing the Parties to perform investments in the territory and to allow such investments according to the legislation.
2. Each of Contracting Parties guarantees complete and unconditional legal protection to investments of investors of other Contracting Party according to the legislation.
1. Each of Contracting Parties will provide in the territory to the investments performed by investors of other Finishing speaking Party, and activities in connection with such investments the fair and equal mode excluding application of measures of discrimination nature which could interfere with management and the order of investments.
2. The mode mentioned in Item 1 of this Article will be at least favorable, than the mode which is provided to investments and activities in connection with investments own or investors of any third state.
3. Each of Contracting Parties reserves the right to determine industries and fields of activity in which activities of foreign investors are excluded or limited.
3. The most favored nation treatment is provided according to Item 2 of this Article, will not extend to benefits which the Contracting Party provides or will provide in the future:
a) in connection with participation in the free trade area. Customs or economic union:
b) on the basis of the agreement on avoidance of double taxation or other arrangements concerning the taxation.
1. The contracting party according to the legislation, to the concerning entrances, stay and works of physical persons. not being with citizens, permits physical persons which are investors of other Contracting Party and the key personnel hired by legal entities of this Contracting Party to drive and remain in its territory for the purpose of implementation of activities in connection with investments.
2. The contracting party according to the legislation resolves investors another. The contracting party, performed investments in the territory of the first Contracting Party to engage any employee of category of key personnel мо to the choice, regardless of nationality provided that such worker of category of key personnel got the entry visa, stay and work in the territory of the first Agreeing the Parties, in case of compliance with law, the concerning entrance, stay and work of the physical persons who are not citizens and that this work corresponds to conditions and temporary restrictions set and the permission issued to such worker of category of key personnel.
Each Contracting Party for the purpose of assistance to understanding of the laws relating or affecting the investments performed by investors of other Contracting Party in its territory provides openness and availability of such laws.
1. The investments of investors of one of Contracting Parties performed by territory pas another Agreeing the Parties, will not be expropriated, nationalized or subjected to the measures equal but effects of expropriation (further hereinafter are referred to as - expropriation), is except for accidental when such measures are taken in, public concerns in the procedure established by the legislation, are not discrimination and are followed by payment of bystry, adequate and effective compensation.
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