AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF COTE D’IVOIRE ON THE PROMOTION AND PROTECTION OF INVESTMENTS
AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF COTE D’IVOIRE ON THE PROMOTION The Government of the People’s Republic of China and the Government of the Republic of Cote d’Ivoire (hereinafter referred to as the Intending to create favorable conditions for investment by investors of one Contracting Party in the territory of the other Contracting Recognizing that the reciprocal encouragement, promotion and protection of such investment will be conducive to stimulating initiative Desiring to intensify the cooperation of both States on the basis pf equality and mutual benefits; Have agreed as follows; Article 1 DEFINITIONS For the purpose of this agreement, 1, The term “investment” means every kind of asset invested by investors of one Contracting Party in accordance with the laws and regulations (a) movable and immovable property and other property rights such as mortgages and pledges; (b) shares, debentures, stock and any other kind of participation in companies; (c) claims to performance having an economic value associated with an investment; (d) intellectual property rights, in particularly copyrights, patents, trade-marks, trade-names, technical process, know-how and goodwill; (e) business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract Any change in the amount and any change in the legal form in which assets are invested or reinvested do not affect their character 2, The term “investor” means, (a) in respect of the People’s Republic of China; (1)natural persons who have nationality of the People’s Republic of China in accordance with the laws of the People’s Republic of (2)Economic entities, including companies, corporations, associations, partnerships, and other organizations, incorporated or constituted (b) in respect of the Republic of Cote d’Ivoire; (1)natural persons who have nationality of the Republic of Cote d’Ivoire in accordance with the laws of the Republic of Cote d’Ivoire; (2)Legal entities, including public organizations, partnerships, holding companies, company groups and subsidiary companies, irrespective 3, The term “return” means the amounts yielded from investments, including profits, dividends, interests, capital gains, royalties and Article 2 PROMOTION AND PROTECTION OF INVESTMENT 1, Each Contracting Party shall encourage investors of the other Contraction Party to make investments in its territory and admit such 2, Investments of the investors of either Contraction Party shall enjoy the constant protection and security in the territory of the 3, Without prejudice to its laws and regulations, neither Contracting Party shall take any unreasonable or discriminatory measures against 4, Subject to its laws and regulations, one Contracting Party shall provide assistance in and facilities for obtaining visas and working Article 3 NATIONAL TREATMENT AND MOST FAVOURED NATIONAL TREATMENT 1, Investments of investors of each Contracting Party shall the time be accorded fair and equitable treatment in the territory of the 2, Without prejudice to its laws and regulations, each Contracting Party shall accord to investments and activities and associated with 3, Neither Contracting Party shall subject investments and activities associated with such investments by the investors of the other 4, The provisions of Paragraphs 1 to 3 of this Article shall not be construed so as to oblige one Contracting Party to extend to the (a) any customs union, free trade zone, economic union and any international agreement resulting in such customs union, free trade zone, (b) any international agreement relating wholly or mainly to taxation; (c) any multilateral or bilateral agreement for facilitating frontier trade. Article 4 EXPROPRIATION 1, Neither Contracting Party shall expropriate, nationalize or take other measures (hereinafter referred to as “expropriation”) against (a) for the public interests; (b) under domestic legal procedure; (c) without discrimination; (d) against compensation. 2, The compensation mentioned in Paragraph 1 of this Article shall be equivalent to the value of the expropriated investments immediately Article 5 COMPENSATION FOR DAMAGES AND LOSSES 1, Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owning to war, 2, Without prejudice to Paragraph 1 of this Article, investors of one Contacting Party who in any of the situations referred to in that (a) requisitioning of their property by the forces or authorities of the other Contracting Party, or (b) destruction of their property by the forces or authorities of the other Contracting Party, which was not caused in combat action or shall be accorded restitution or reasonable compensation. Article 6 TRANSFER OF PAYMENT AND CAPITAL 1, Each Contracting Party shall, subject to its laws and regulations, guarantee to the investors of the other Contracting Party the (a) profits, dividends, interests and other legitimate income; (b) proceeds obtained from the total or partial sale or liquidation of investments; (c) payments pursuant to a loan agreement in connection with investments; (d) royalties in relation to the matters in Paragraph 1 (d ) of Article 1 ; (e) payments of technical assistance or technical service fee, management fee; (f) payments in connection with contracting projects; (g) earnings of nationals of the other Contracting Party who work in connection with an investment in its territory. 2, Nothing in Paragraph 1 of this Article shall affect the free transfer of compensation paid under Article 4 of this Agreement. 3, The transfer mentioned above shall be made in a freely convertible currency and at the prevailing market rate of exchange applicable Article 7 SUBROGATION If one Contracting Party or its designated agency makes a payment to its investor under an indemnity given in respect of an investment Article 8 SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES 1, Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, 2, If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Contracting Party, be submitted to an hoc 3, Such tribunal comprises of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, each 4, If the arbitral tribunal has not been constituted within four months from the receipt of the written notice requesting arbitration, 5, The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions 6, The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Contracting Parties. 7, Each Contracting Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant Article 9 SETTLEMENT OF DISPUTES BETWEEN INVESTORS AND ONE CONTRACTING PARTY 1, Any legal dispute between an investor of one Contracting Party and the other Contracting Party in connection with an investment in 2, If the dispute cannot be settled through negotiations within six months, the investor of one Contracting Party may submit the dispute (a) International Center for Settlement of Investment Disputes ( ICSID ) under the convention on the Settlement of Disputes between States (b) An ad hoc arbitral tribunal. 3, Provided that the Contracting Party involved in the dispute may require the investor concerned to exhaust the domestic administrative However, if the investor concerned has resorted to the competent court of the other Contracting Party specified in Paragraph 2 of 4, Without prejudice to Paragraph 2 of this Article, the ad hoc arbitral tribunal referred to in Paragraph 2 (b) shall be constituted Each party to the dispute shall appoint an arbitrator, and these two shall select a national of a third State which has diplomatic Either party to the dispute to the other shall appoint the first two arbitrators within two months of the written notice requesting If, within the period specified above, the tribunal has not been constituted, either party to the dispute may invite the Secretary — The ad hoc arbitral tribunal shall determine its own procedure. However, the tribunal may, in the course of determination of the — The tribunal referred to in Paragraph 3 (a) and (b) of this Article shall reach its award by a majority of votes. Such award shall Both Contracting Parties commit themselves to the enforcement of the award. — The tribunal referred to in Paragraph 3 (a) and (b) of this Article shall adjudicate in accordance with the law of the Contracting — Each party to the dispute shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The Article 10 OTHER OBLIGATIONS 1, If the legislation of either Contracting Party or international obligations existing at present or established hereafter between 2, Each Contracting Party shall observe any commitments it may have entered into with the investors of the other Contracting Party as Article 11 APPLICATION Without prejudice to Paragraph 1 of Article 10 , this Agreement shall apply to investments, which are made prior go or after its entry Article 12 RELATIONS BETWEEN CONTRACTING PARTIES The provisions of the present Agreement shall apply irrespective of the existence of diplomatic or consular relations between the Article 13 CONSULTATIONS 1, The representatives of the Contracting Party shall hold meeting from time to time for the purpose of: (a) reviewing the implementation of this Agreement; (b) exchanging legal information and investment opportunities; (c) resolving disputes arising out of investments; (d) forwarding proposals on promotion of investment; (e) studying other issues in connection with investment. 2, Where either Contracting Party requests consultation on any matter of Paragraph 1 of this Article, the other Contracting Party shall Article 14 ENTRY INTO FORCE, DURATION AND TERMINATION 1, This Agreement shall enter into force on the first day of the following month after the date on which both Contracting Parties have 2, This Agreement shall continue in force if either Contracting Party fails to give a written notice to the other Contracting Party 3, After the expiration of initial ten years period, either Contracting Party may terminate at any time thereafter this Agreement by 4, With respect to investments made prior to the date of termination of this Agreement, the provisions of Article 1 to 13 shall continue In Witness Whereof the undersigned, duly authorized thereto by respective Governments, have signed this Agreement. Done in duplicate at Abidjan, on September 30 2002, in the Chinese, French and English languages, all texts being equally authentic. For the Government ofFor the Government of The People’s Republic of China The Republic of Cote d’Ivoire H.E. Mrs. Zhao BaozhenH.E. Mr. SANGARE Abou Drahamane Ambassador Extraordinary and Minister of State Plenipotentiary of the People’s_ Minister of External Relations and Republic of China in the Overseas Ivorians Republic of Cote d’Ivoire |
The Government of the People’s Republic of China
2002-09-30