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Agreement between the Government of the Kyrgyz Republic and Government of the Republic of Lithuania on encouragement and protection of investments

The government of the Kyrgyz Republic and the Government of the Republic of Lithuania (further referred to as as "Contracting parties"),

wishing to develop economic cooperation between two states,

having intentions to create and support favorable conditions for investments by investors of one Contracting Party in the territory of the state of other Contracting Party on the basis of equality and mutual advantage, and

recognizing that encouragement and protection of foreign investments promote development of private business and economic prosperity of both states of Contracting Parties,

agreed as follows:

Article 1. Determinations

For the purpose of this agreement:

1) "Investments" mean any kind of the assets invested by the investor of one Contracting Party in the territory of the state of other Contracting Party according to the national legal system of the last Contracting Party (the state of the accepting Contracting Party) and in particular, but not without any exception, include:

a) personal and real estate and other rights, such as mortgages, mortgage deduction and pledge, and similar rights;

b) shares, bonds, other forms of participation at the company;

c) requirements to money or to any other execution having economic value;

d) intellectual property rights, in particular, copyright, rights of industrial property (such as patent, industrial design and models, trademarks, trade names) and know-how (nepatentirovanny practical knowledge);

e) goodwill (goodwill);

e) any right of message economic activity according to the contract and any licenses including concession on search, production and development of natural resources.

Any change of form of investments shall not exert impact on their nature as investments provided that such change will be made according to the national legal system of the accepting Contracting Party.

"Investor" means 2) concerning both Contracting Parties:

a) physical persons who are citizens of the state of one of Contracting Parties and the stateless person, constantly living in the territory of the state of one of Contracting Parties according to the national legal system of the state;

b) the legal entities founded or created according to the national legal system of the state of the Contracting Party.

3) "Income" means the amounts received from investment, in particular, the including profits, the income from capital gain, percent, dividends, royalties and all types of remunerations.

"Territory" means 4) concerning both Contracting Parties, the territory in which each of the states of Contracting Parties performs the sovereign rights or jurisdiction according to the legislation and international law.

"National legal system" means 5) concerning both Contracting Parties, the legislation which is valid in the territory of the states of these Contracting Parties.

6) LIBOR - rate on the short-term loans granted by the London banks.

Article 2. Encouragement of investments

1. Each Contracting Party will encourage in the territory of the state of investment of investors of the state of other Contracting Party and will recognize such investments according to the national legal system.

2. One Contracting Party at the request of other Contracting Party will provide information on the rules or procedures of the national legal system of the state concerning investments according to this agreement.

Article 3. Protection and mode of investments

1) the fair and equal mode will be provided to Investments and the income of investors of each Contracting Party and to be provided complete protection and safety in the territory of the state of other Contracting Party. Any of Contracting Parties will not cause damage unjustified, imprudent or discriminatory measures to management, operation, use, possession, expansion or the right of the order of such investments.

2) Each Contracting Party will provide in the territory of the state to investments and the income of investors of other Contracting Party the mode which is provided to investments and the income of own investors, or investments of investors of any third state which is more favorable.

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