| Agreement between the Government of the People's Republic of China and the Government of the Argentine Republic on the Promotion and Reciprocal Protection of Investments | | 中华人民共和国政府和阿根廷政府关于促进和相互保护投资协定 |
The Government of the People's Republic of China and the Government of the Argentine Republic (hereinafter referred to as the Contracting Parties); | |
中华人民共和国政府和阿根廷共和国政府（以下简称“缔约双方”）; |
desiring to intensify economic cooperation between both countries; | |
愿加强两国间的经济合作; |
aiming at creating favourable conditions for investments by investors of one Contracting Party in the territory of the other Contracting Party, based on the principles of mutual respect for sovereignty, equality, and mutual benefit; | |
希望在相互尊重主权和平等互利原则的基础上，为缔约一方投资者在缔约另一方领土内的投资创造良好的条件; |
recognizing that the promotion and protection of such investments through an agreement stimulates business initiatives in this field; | |
认识到通过协定促进和保护投资有助于促进该领域内商业活动的积极性; |
have agreed as follows: | |
达成协议如下: |
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| Article 1 | | 第一条 |
For the purposes of this Agreement: | |
在本协定内: |
(1) The term "investment" means, in conformity with the laws and regulations of the Contracting Party in whose territory the investment is made, every kind of asset invested by an investor of one Contracting Party in the territory of the other Contracting Party, in accordance with the latter's laws. It includes in particular, not exclusively: | |
一、“投资”一词系指,缔约一方投资者依照投资所在缔约另一方的法律和法规在缔约另一方领土内所投入的各种财产,特别是,但有限于: |
(a) movable and inmovable property as well as any other property rights such as mortgages and pledges; | |
(一)动产、不动产及其他财产权利,如抵押权和质权; |
(b) shares, stocks and any other kind of participation in companies; | |
(二)公司的股份、股票和任何其他形式的参股; |
(c) title to money and claims to performance having an economic value; loans only being included when they are directly related to a specific investment; | |
(三)金钱请求权和其他具有经济价值的行为请求权,包括与某项具体投资直接有关的贷款; |
(d) intellectual property rights including in particular copyrights, patents, industrial designs, trademarks, trade names, technical processes. know-how and goodwill; | |
(四)知识产权,尤其包括著作权、专利、工业设计、商标、商名、工艺流程、专有技术和商誉; |
(e) concessions conferred by law, including concessions to search for or exploit natural resources. | |
(五)法律赋予的特许权,包括勘探或开发自然资源的特许权。 |
(2) The term "investor" shall mean: | |
二、“投资者”一词系指: |
In respect of the People's Republic of China: | |
在中华人民共和国方面, |
(a) natural persons who have the nationality of the People's Republic of China. | |
(一)具有中华人民共和国国籍的自然人; |
(b) economic entities established in accordance with the laws of the People's Republic of China and domiciled in the territory of the People's Republic of China. | |
(二)依照中华人民共和国法律设立,其住所在中华人民共和国领土内的经济组织; |
In respect of the Argentine Republic: | |
在阿根廷共和国方面, |
(a) any natural person who is a national of the Argentine Republic in accordance with its laws. | |
(一)依照阿根廷共和国法律为其国民的任何自然人; |
(b) any legal person constituted in accordance with the laws and regulations of the Argentine Republic and having its seat in the territory of the Argentine Republic: | |
(二)根据阿根廷共和国法律和法规设立,其住所在阿根廷共和国领土内的任何法人。 |
If natural or juridical persons of a Contracting Party have an interest in a juridical person which was established within the territory of a third State, and this juridical person invests in the other Contracting Party it shall be recognized as a juridical person of the former Contracting Party. This paragraph of this Article can be applied only when the said third State has no right or abandons its right to protect the said juridical person. | |
如果缔约一方的自然人或法人在某一设立于第三国领土内的法人中拥有利益,并且该法人在缔约另一方进行投资,则它应被视为缔约前者一方的法人。本条该款仅在上述第三国没有或放弃保护上述法人的权利时方可适用。 |
(3) The provisions of this Agreement shall not apply to the investments made by natural persons who are nationals of one Contracting Party in the territory of the other Contracting Party if such persons have, at the time of the investment, been domiciled in the latter Contracting Party for more than 2 years, unless it is proved that the original investment was admitted into its territory from abroad. | |
三、如果为缔约一方国民的自然人在进行投资时,已在缔约另一方居住两年以上,则本协定的规定适用于该自然人在缔约另一方领土内的投资,除非能证明原始投资来自缔约另一方境外。 |
(4) The term "returns" means all amounts yielded by an investment such as profits, dividends, interests, royalties and other income. | |
四、“收益”一词系指投资所产生的款项,如利润、股息、提成费和其他收入。 |
(5) The term "territory" shall mean the national territory of either Contracting Party including those maritime areas adjacent to the outer limit of the territorial sea of the national territory, over which the Contracting Party concerned may, in accordance with international law, exercise sovereign rights or jurisdiction. | |
五、“领土”一词系指缔约任何一方的国家领土包括根据国际法对其行使主权权利或管辖权的与其领海的最外层边缘毗邻的海域。 |
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| Article 2 | | 第二条 |
(1) Each Contracting Party shall promote in its territory investments by investors of the other Contracting Party and shall admit such investments in accordance with its laws and regulations. | |
一、缔约各方应促进缔约另一方的投资者在其领土内投资,并根据其法律和法规接受此种投资。 |
(2) Each Contracting Party shall grant assistance in and provide facilities for obtaining visa and working permit to investors of the other Contracting Party to or in the territory of the former in connection with activities associated with such investments, according to the laws and regulations of each Contracting Party. | |
二、缔约各方应根据其法律和法规为在其领土内从事与投资有关活动的缔约另一方投资者获得签证和工作提供帮助和便利。 |
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| Article 3 | | 第三条 |
(1) Investments and activities associated with investments by investors of the other Contracting Party shall be accorded in all times fair and equitable treatment and shall enjoy constant protection and security in the territory of the other Contracting party. Each Contracting Party agrees that without prejudice to its laws and regulations it shall not take any unreasonable or discriminatory measures against the management, maintenance, use, enjoyment or disposal of investments in its territory of investors of the other Contracting Party. Each Contracting Party shall observe any obligation it may have entered into with regard to investments of investors of the other Contracting Party. | |
一、缔约一方投资者在缔约另一方领土内的投资和与投资有关的活动应受到公正和公平的待遇和持久的保护和保障。缔约各方同意,在不损害其法律和法规的情况下,对缔约另一方投资者在其领土内对投资的管理、维持、使用、享受和处置不采取任何不合理或歧视性措施。缔约各方应恪守其对缔约另一方投资者在投资方面可能承担的义务。 |
(2) The treatment and protection accorded by this Agreement shall not be less favourable than that accorded to investments and activities associated with such investments of investors of a third State. | |
二、本协定项下所享受的待遇和保护应不低于第三国投资者的投资和与该投资有关的活动所享受的待遇和保护。 |
(3) The treatment and protection of the most favoured nation mentioned in paragraph (2) of this article, shall not include the privileges which either Contracting Party accords to investors of a third State resulting from a free trade area, a customs union, an economic union, a common market or any other regional agreement, or by virtue of an agreement relating to avoidance of double taxation or for facilitating frontier trade. | |
三、本条第二款中所述的最惠国待遇和保护,不包括缔约任何一方由于参加自由贸易区、关税同盟、经济同盟、共同市场或任何其他地区协定;或与避免双重征税及为方便边境贸易有关的协定的规定而给予第三国投资者的优惠。 |
(4) The provisions of Paragraph (2) of this Article shall neither be construed so as to extend to investors of the other Contracting Party the benefit of any treatment, preference or privilege resulting from the bilateral agreements providing for concessional financing concluded by the Argentine Republic with Italy on 10 December 1987 and with Spain on 3rd. June 1988. | |
四、本条第二款的规定不应解释为缔约另一方投资者享有根据一九八七年十二月十日阿根廷共和国和意大利签订的及一九八八年六月三日阿根廷共和国和西班牙签订的提供优惠贷款的双边协定所规定的待遇、优惠和特许。 |
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| Article 4 | | 第四条 |
(1) Neither of the Contracting Parties shall take any measure of nationalization or expropriation (hereinafter referred to as "expropriation") or any other measure having similar effect against investments in its territory of investors of the other Contracting Party. unless the following conditions are met:
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一、缔约任何一方不应对缔约另一方投资者在其领土的投资采取国有化或征收的措施(以下称“征收”)或任何其他具有类似效果的措施,除非符合下列条件:
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