Agreement between the Government of Ukraine and Government of the Republic of Belarus on assistance and mutual protection of investments
of December 14, 1995
The government of Ukraine and the Government of the Republic of Belarus (which hereinafter are referred to as further "the Contractual Parties"),
wishing to strengthen economic cooperation on long-term basis for mutual advantage of both States,
revealing intention to create and support favorable conditions for investors of one Contractual Party in the territory of other Contractual Party,
recognizing that assistance and mutual protection of investments, according to this Agreement, will stimulate business initiative in this sphere,
agreed about the following:
For the purposes of this Agreement:
1. The term "investments" means all types financial, appliances and other property and intellectual values invested in connection with economic activity of investorovyuridichesky and physical persons - one Contractual Party in the territory of other Contractual Party according to the current legislation of the last, and covers, in particular, but not only:
a) personal and real estate, and also any other ware rights, such as the rights of mortgage deduction, mortgage, the providing rights according to the loan and the similar rights;
b) shares, shares, bonds, debt obligations of legal entities, securities and any other forms of participation in the companies;
c) requirements concerning sums of money or any accomplishment of obligations which have economic value, connected with investments;
d) intellectual property rights, including the copyright, trademarks, patents, industrial designs, technical processes, "know-how", trade secrets, brand names and "goodwill" connected with investments;
e) any right to implementation of economic activity, including the rights to 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 performs investments in the territory of other Contractual Party:
a) the term "physical person" in relation to any of the Contractual Parties means any physical person which has nationality of any of the Contractual Parties according to its legislation;
b) the term "legal entity" in relation to any Contractual Party means any organization created according to the current legislation of each of the Contractual Parties and which has the right to perform investments in the territory of other Contractual Party.
3. The term "income" means the sums of money provided by the national legal system and received owing to investments and includes, in particular, but not only: profits, percent, capital gain, shares, dividends, royalty and service fee.
4. The term "territory" means concerning each Contractual Party the territory which is under its sovereignty, and also the sea, seabed and its not Wad Dra over which this Contractual Party performs, according to international law, sovereignty, the sovereign rights or jurisdiction.
Terms of this agreement will be applied to all investments performed by investors of one Contractual Party in the territory of other Contractual Party according to the current legislation of the Contractual Party in the territory of which investments, both to, and after entry into force of this Agreement are performed.
Provisions of this agreement can be changed or added in the consent of the Contractual Parties.
1. Each Contractual Party will encourage and create favorable conditions for investors of other Contractual Party for implementation of investments in the territory and will allow such investments according to its legislation.
2. Investments of investors of any of the Contractual Parties will use the fair and equal relation and will receive complete protection and safety in the territory of other Contractual Party.
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