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AGREEMENT BETWEEN THE GOVERNMENT OF THE KYRGYZ REPUBLIC AND GOVERNMENT OF GEORGIA

of October 13, 2016

About encouragement and mutual protection of investments

The government of the Kyrgyz Republic and the Government of Georgia, the "Contracting parties" which further are referred to as,

Wishing to strengthen economic cooperation between them, namely concerning investments of investors of one Contracting Party in the territory of the state of other Contracting Party;

Recognizing that the Agreement on the mode which will shall be provided to such investments to promote capital inflow and technologies, and also to economic development between two countries;

Agreeing that creation of stable base for investments will promote maximization of effective and steady use of economic resources and improvement of level of living; and also

Being convinced that these objectives can be achieved without damage to the commonly accepted measures for health protection, safety and environmental protection, and also to the labor rights recognized at the international level;

Reminding that direct foreign investments are vital amendment to national and international efforts in the field of development;

Agreed as follows:

Article 1. Determinations

For the purposes of this agreement:

1. "The investor of the Contracting Party" means:

a) the physical person having nationality of the state of the Contracting Party according to its national legal system, or

b) any legal entity founded or formed according to the national legal system of the state of the Contracting Party and performing the main business activity in the territory of the state of this Contracting Party.

2. "Investment by the investor of the Contracting Party" means the any kind of investment performed by the investor of other Contracting Party in the territory of the state of other Contracting Party according to the laws and rules of the last and has specific characteristics, such as transfer of the capital and other resources, expectation of benefit and profit, and also awareness of risk, and includes:

a) shares, securities, the company and other forms of equity in the company and following from here it is right;

b) debt obligations, bonds, loans and other forms of debt obligations and following from here it is right;

c) any right or the requirement of sums of money or activities according to the legislation or the contract, including turnkey works, construction, management or contracts on income distribution, and also concession, licenses, accreditation or permissions to implementation of economic activity;

d) the intellectual property rights and non-material patterns of ownership having economic value including the right to industrial property, copyright, trademark, registration of goods, patents, geographical designations, industrial designs and technical processes, trade secrets, descriptions of goods, "know-how" and "goodwill" which have a direct bearing on investments;

e) any other forms of corporeal or non-material property, personal or real estate or the rights to property connected with it, such as leasing, mortgage, mortgage, mortgage right, or usufruct.

The final arbitral decision or any order or judgment which is taken out concerning the investments specified earlier shall not be considered as investments for the purposes of this agreement.

3. "Income" means the amounts received from investment and, in particular, profit, percent, the income from capital gain, dividends, royalty, licensed payments, the management commissions.

1. "Territory" means:

a) concerning the Kyrgyz Republic: the territory of the Kyrgyz Republic, including lands, internal waters, and airspace over them, including its subsoil over which the Kyrgyz Republic performs the sovereign rights and jurisdiction, according to international law and the national legal system of the Kyrgyz Republic;

b) concerning Georgia: the territory determined according to the legislation of Georgia including lands, subsoil and airspace on them, internal and territorial waters, its seabed and subsoil, airspace on them, and also contiguous zones of territorial waters, special economic zones and the continental shelf over which Georgia has the right to perform the sovereign rights and/or jurisdiction according to rules of international law.

Article 2. Encouragement and protection of investments

1. Each Contracting Party, according to the national legal system of the state, whenever possible shall encourage investments of investors of other Contracting Party.

2. The fair and equal mode, complete protection and safety according to the commonly accepted international law shall be provided to the investments of investors of the either party performed in the territory of the state of other Contracting Party at any time. Any of Contracting Parties, how shall not interfere with management, maintenance, use, operation, possession, expansion, sale, liquidation or placement of these investments by acceptance of unreasonable or discriminatory measures.

Article 3. Investment regime

1. Each Contracting Party shall provide to investors of other Contracting Party and their investments the mode at least favorable, than that which is provided to domestic investors and their investments or investors of any third country and their investments concerning management, operation, maintenances, uses, possession, sale and liquidation of their investments is not dependent on what of them is more favorable for the investor.

2. Any of provisions of this agreement shall not be interpreted as:

a) obstacle to the Contracting Party to take any actions for accomplishment of the obligations according to the Charter of the UN for maintenance of international peace and safety; or

b) as the obligation of the Contracting Party to extend to investors of other Contracting Party and their investment these or future benefits from the mode, preferences or privileges based on its participation in the similar agreement or any other multilateral investment agreement; or

d) as the obligation of the Contracting Party to extend to investors of other Contracting Party and to their investments these or future benefits of the mode, preference or the privilege following from obligations of the Contracting Party according to the international agreement, the international legislation concerning the taxation.

3. For best accuracy the mode specified in Item 1 shall not include mechanisms of the dispute resolution or any actions concerning contractual commitments of the host state which are provided within the existing or other international agreements.

Article 4. General exceptions

1. No what in this Agreement shall be interpreted as obstacle of the Contracting Party in acceptance, maintenance or carrying out of non-discriminatory legal measures:

a) developed and applied to protection of mankind, animal or flora, health or the environment;

b) the live or not live non-renewable natural resources relating to preserving.

2. No what in this Agreement shall be interpreted as:

a) the requirement to any Contracting Party to provide or resolve access to any information which disclosure contradicts the main interests of its safety;

b) obstacle to any Contracting Party in acceptance of the necessary measures directed to protection of the main interests of safety:

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