| AGREEMENT AMONG THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA,THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE REPUBLIC OF KOREA FOR THE PROMOTION, FACILITATION AND PROTECTION OF INVESTMENT | | 中华人民共和国政府、日本国政府及大韩民国政府关于促进、便利及保护投资的协定 |
(Effective from May 17, 2014) | |
（2014年5月17日生效） |
| |
|
| The Government of the People's Republic of China, the Government of Japan and the Government of the Republic of Korea, | | 中华人民共和国政府、日本国政府及大韩民国政府， |
Desiring to further promote investment in order to strengthen the economic relationship among the People's Republic of China, Japan and the Republic of Korea (hereinafter referred to in this Agreement as “the Contracting Parties”); | |
愿进一步促进投资，从而加强中华人民共和国、日本国、大韩民国（以下简称缔约各方）间的经济联系; |
Intending to create stable, favorable and transparent conditions for investment by investors of one Contracting Party in the territory of the other Contracting Parties; | |
愿为缔约一方的投资者在其他缔约方领土内的投资创造稳定、有利及透明的条件; |
Recognizing that the reciprocal promotion, facilitation and protection of such investment and the progressive liberalization of investment will be conducive to stimulating business initiative of the investors and increase prosperity among the Contracting Parties; | |
认识到相互促进、便利及保护投资以及投资的逐步自由化将有助于激励投资者经营积极性和增进缔约各方经济繁荣; |
Recognizing that these objectives can be achieved without relaxing health, safety and environmental measures of general application; | |
认识到在不降低对健康、安全和环境的普适措施下也可实现这些目标; |
Recognizing the importance of investors' complying with the laws and regulations of a Contracting Party in the territory of which the investors are engaged in investment activities, which contribute to the economic, social and environmental progress; and | |
认识到投资者遵守缔约一方、即其从事对经济、社会和环境的进步作出贡献的投资活动所在地的法律法规的重要性;并且 |
Bearing in mind their respective rights and obligations under the WTO Agreement and other multilateral instruments of cooperation; | |
铭记各自在世贸组织协议和其他多边合作机制项下的权利和义务; |
Have agreed as follows: | |
达成协议如下: |
| |
|
| Article 1 Definitions | | 第一条 定义 |
For the purposes of this Agreement: | |
本协定内, |
| |
|
| (1) the term "investments" means every kind of asset that an investor owns or controls, directly or indirectly, which has the characteristics of an investment, such as the commitment of capital or other resources, the expectation of gain or profit, or the assumption of risk. Forms that investments may take include: | | 一、“投资”一词是指投资者直接或间接拥有或控制的、具有投资性质的各种财产,例如资本或其他资源投入、收益或利润预期或风险承担等,投资的形式可能包括: |
| |
|
| (a) an enterprise and a branch of an enterprise; | | (一)企业及其分支机构; |
| |
|
| (b) shares, stocks or other forms of equity participation in an enterprise, including rights derived therefrom; | | (二)企业的股份,股票或其他参股形式,以及由此衍生出的权利; |
| |
|
| (c) bonds, debentures, loans and other forms of debt, including rights derived therefrom; | | (三)债券、信用债券、贷款及其他形式的债,以及由此衍生出的权利; |
| |
|
| (d) rights under contracts, including turnkey, construction, management, production or revenue-sharing contracts; | | (四)合同权利,包括统包、建设、管理、生产或者收益分配合同; |
| |
|
| (e) claims to money and claims to any performance under contract having a financial value associated with investment; | | (五)金钱请求权,以及请求履行具有与投资相关经济价值的合同的权利; |
| |
|
| (f) intellectual property rights, including copyrights and related rights, patent rights and rights relating to utility models, trademarks, industrial designs, layout-designs of integrated circuits, new varieties of plants, trade names, indications of source or geographical indications and undisclosed information; | | (六)知识产权,包括著作权及相关权力,专利权,以及与实用新型、商标、工业设计、集成电路布图设计、植物新品种、商号、产地标识、地理标识及未披露信息相关的权力; |
| |
|
| (g) rights conferred pursuant to laws and regulations or contracts such as concessions, licenses, authorizations and permits; and | | (七)依据法律法规或合同授予的权力,如特许权、许可、授权及许可证;以及 |
| |
|
| (h) any other tangible and intangible, movable and immovable property, and any related property rights, such as leases, mortgages, liens and pledges; | | (八)任何其他有形及无形财产,动产、不动产以及任何相关的财产权利,如租赁、抵押、留置权、质押权。 |
Note: Investments also include the amounts yielded by investments, in particular, profit, interest, capital gains, dividends, royalties and fees. A change in the form in which assets are invested does not affect their character as investments. | |
注:投资也包括由投资产生的孳息,特别是利润、利息、资本利得、股息、特许权使用费及收费。作为投资的财产发生形式上的变化,不影响其作为投资的性质。 |
| |
|
| (2) the term "investor of a Contracting Party" means a natural person or an enterprise of a Contracting Party that makes investments in the territory of another Contracting Party; | | 二、“缔约一方投资者”是指在缔约另一方领土内投资的缔约一方的自然人或企业。 |
| |
|
| (3) the term "natural person of a Contracting Party" means a natural person that has the nationality of that Contracting Party in accordance with its applicable laws and regulations; | | 三、“缔约一方自然人”是指依据缔约一方的适用法律法规拥有该国国籍的自然人。 |
| |
|
| (4) the term "enterprise of a Contracting Party" means any legal person or any other entity constituted or organized under the applicable laws and regulations of that Contracting Party, whether or not for profit, and whether private-or government-owned or controlled, and includes a company, corporation, trust, partnership, sole proprietorship, joint venture, association or organization; | | 四、“缔约一方的企业”是指依照缔约一方的适用法律法规组建或组织的任何法人或任何其他实体,不论是否以盈利为目的,是否私有、由政府所有或控制,包括企业、公司、企业联合体、合伙、独资、合营、社团、组织; |
Note: For greater certainty, a branch of an enterprise is not, in and by itself, deemed to be an enterprise. | |
注:为进一步明确,企业的分支本身不能被视作企业。 |
| |
|
| (5) the term "investment activities" means management, conduct, operation, maintenance, use, enjoyment and sale or other disposition of investments; | | 五、“投资行为”一词是指投资的管理、运营、经营、维持、使用、享有、出售或其他处分行为。 |
| |
|
| (6) the term "freely usable currencies" means freely usable currencies as defined under the Articles of Agreement of the International Monetary Fund; | | 六、“可自由使用货币”一词是指在国际货币基金组织协定条款项下定义的可自由使用货币; |
| |
|
| (7) the term "ICSID Convention" means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, done at Washington, March 18, 1965; | | 七、“国际投资争端解决中心公约”一词是指于1965年3月18日在华盛顿签署的《关于解决国家和其他国家国民投资争端的公约》。 |
| |
|
| (8) the term "UNCITRAL Arbitration Rules" means the arbitration rules of the United Nations Commission on International Trade Law; | | 八、“联合国贸易法委员会仲裁规则”一词是指联合国国际贸易法委员会的仲裁规则。 |
| |
|
| (9) the term "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh, April 15, 1994; | | 九、“世界贸易组织协议”一词是指1994年4月15日在马拉喀什签署的《建立世界贸易组织的马拉喀什协定》。 |
| |
|
| (10) the term "ICSID Additional Facility Rules" means the Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes. | | 十、“国际投资争端解决中心附加便利规则”一词是指关于国际投资争端解决中心秘书处程序管理附加便利的规则。 |
| |
|
| Article 2 Promotion and Protection of Investments | | 第二条 促进及保护投资 |
| |
|
| 1. Each Contracting Party shall encourage and create favorable conditions for investors of the other Contracting Parties to make investments in its territory. | | 一、缔约一方应鼓励其他缔约方投资者在其领土内投资为并为之创造有利的环境。 |
| |
|
| 2. Each Contracting Party shall, subject to its rights to exercise powers in accordance with the applicable laws and regulations, including those with regard to foreign ownership and control, admit investment of investors of another Contracting Party. | | 二、缔约一方应允许缔约另一方投资者进行投资,但有权依据适用(包括有关外资所有权和控股权)的法律法规行使职权。 |
| |
|
| Article 3 National Treatment | | 第三条 国民待遇 |
| |
|
| 1. Each Contracting Party shall in its territory accord to investors of another Contracting Party and to their investments treatment no less favorable than that it accords in like circumstances to its own investors and their investments with respect to investment activities. | | 一、缔约一方在其领土内给予缔约另一方投资者及其投资的待遇,不得低于其在类似情形下就投资行为给予本国投资者及其投资的待遇。 |
| |
|
| 2. Paragraph 1 shall not apply to non-conforming measures, if any, existing at the date of entry into force of this Agreement maintained by each Contracting Party under its laws and regulations or any amendment or modification to such measures, provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification. | | 二、前述第一款不适用于各缔约方依据其法律法规制定的、在本协定生效前已经存在的、与本协议不符的任何措施(如有),以及对这些措施的任何修正或修改,但前提条件是修正或修改没有减损相关措施在修正或修改之前与本协定的一致性。 |
Treatment granted to investment once admitted shall in no case be less favorable than that granted at the time when the original investment was made. | |
对投资给予的待遇一旦承认,在任何情形下都不应低于原始的投资行为做出时给予的待遇。 |
| |
|
| 3. Each Contracting Party shall take, where applicable, all appropriate steps to progressively remove all the non-conforming measures referred to in paragraph 2. | | 三、如果可行,缔约一方应采取一切适当措施逐步消除本条第二款所指的所有不符措施。 |
Note: The People's Republic of China confirms that its measures referred to in paragraph 2 shall not be inconsistent with paragraph 2 of Article 3 of, and paragraph 3 of the Protocol to, the Agreement between the People's Republic of China and Japan Concerning the Encouragement and Reciprocal Protection of Investment, signed at Beijing, August 27, 1988. | |
注:中华人民共和国确认,本条第二款中所指的该国的措施不应与1988年8月27日在北京签订的《中华人民共和国和日本国关于鼓励和保护相互投资协定》中第三条第二款、该协定议定书第三款不一致。 |
| |
|
| Article 4 Most-Favored-Nation Treatment | | 第四条 最惠国待遇 |
| |
|
| 1. Each Contracting Party shall in its territory accord to investors of another Contracting Party and to their investments treatment no less favorable than that it accords in like circumstances to investors of the third Contracting Party or of a non-Contracting Party and to their investments with respect to investment activities and the matters relating to the admission of investment in accordance with paragraph 2 of Article 2. | | 一、就投资行为及依据本协定第二条第二款投资准入相关事务而言,缔约一方在其领土内给予缔约另一方投资者及其投资的待遇应不低于在类似情形下给予缔约第三方或非缔约方投资者及其投资的待遇。 |
| |
|
| 2. Paragraph 1 shall not be construed so as to oblige a Contracting Party to extend to investors of another Contracting Party and to their investments any preferential treatment resulting from its membership of: | | 二、本条第一款不得解释为缔约一方有义务因缔约另一方加入以下组织或协定而给予该缔约方投资者及其投资任何优惠待遇: |
| |
|
| (a) any customs union, free trade area, monetary union, similar international agreement leading to such union or free trade area, or other forms of regional economic cooperation; | | (一)任何关税同盟、自由贸易区、货币联盟或者会导致此类同盟、自由贸易区或其他形式的区域经济合作机制的协定; |
| |
|
| (b) any international agreement or arrangement for facilitating small scale trade in border areas; or | | (二)任何便利小额边境地区贸易的国际协定或安排; |
| |
|
| (c) any bilateral and multilateral international agreements involving aviation, fishery and maritime matters including salvage. | | (三)任何涉及航空、渔业、包括海事救援等海洋事务的双边、多边国际协定。 |
| |
|
| 3. It is understood that the treatment accorded to investors of the third Contracting Party or any non-Contracting Party and to their investments as referred to in paragraph 1 does not include treatment accorded to investors of the third Contracting Party or any non-Contracting Party and to their investments by provisions concerning the settlement of investment disputes between a Contracting Party and investors of the third Contracting Party or between a Contracting Party and investors of any non-Contracting Party that are provided for in other international agreements. | | 三、缔约各方理解,本条第一款给予缔约第三方或非缔约方投资者及其投资的待遇,不包括根据其他国际协定中规定的、关于缔约一方和缔约第三方投资者或缔约一方和非缔约方投资者的投资争端解决条款而给予缔约第三国或非缔约方投资者及其投资的待遇。 |
Note: For the purposes of this Article, the term "non-Contracting Parties" shall not include any separate customs territory within the meaning of the General Agreement on Tariffs and Trade or of the WTO Agreement that is a member of the World Trade Organization as of the date of entry into force of this Agreement. | |
注:本条内,“非缔约方”不包括《关税及贸易总协定》或《世界贸易组织协议》所指的、截至本协定生效时已是世界贸易组织成员的任何单独关税区。 |
| |
|
| Article 5 General Treatment of Investments | | 第五条 总体投资待遇 |
| |
|
| 1. Each Contracting Party shall accord to investments of investors of another Contracting Party fair and equitable treatment and full protection and security. The concepts of "fair and equitable treatment" and "full protection and security" do not require treatment in addition to or beyond any reasonable and appropriate standard of treatment accorded in accordance with generally accepted rules of international law. A determination that there has been a breach of another provision of this Agreement, or of a separate international agreement, does not ipso facto establish that there has been a breach of this paragraph. | | 一、缔约一方应当对缔约另一方投资者的投资给予公平公正待遇和充分的保护及保障。“公平公正待遇”及“充分保护及保障”的概念不要求在依据公认的国际法规则给予的任何合理及适当标准的待遇之外或额外给予。对本协定其他条款或者对其他国际协定的违反并不必然导致对本条款的违反。 |
| |
|
| 2. Each Contracting Party shall observe any written commitments in the form of an agreement or contract it may have entered into with regard to investments of investors of another Contracting Party. | | 二、缔约一方应遵守任何以协定或合同形式对缔约另一方投资者的投资做出的书面承诺。 |
| |
|
| Article 6 Access to the Courts of Justice | | 第六条 国内法救济 |
Each Contracting Party shall in its territory accord to investors of another Contracting Party treatment no less favorable than that it accords in like circumstances to its own investors, investors of the third Contracting Party or of a non-Contracting Party, with respect to access to the courts of justice and administrative tribunals and agencies in all degrees of jurisdiction, both in pursuit and in defense of such investors' rights. | |
缔约一方在其领土内给予缔约另一方投资者在行使和维护投资者权利、向各级法院及行政法庭、行政机构寻求救济方面的待遇,应不低于在相似情形下给予本国、缔约第三方或非缔约方的投资者的待遇。 |
| |
|
| Article 7 Prohibition of Performance Requirements | | 第七条 禁止性业绩要求 |
| |
|
| 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement are incorporated into and made part of this Agreement, mutatis mutandis and shall apply with respect to all investments under this Agreement. | | 一、《世贸组织协议》附件1A中《与贸易有关的投资措施协定》中的条款,已纳入本协定,成为本协定的一部分,对本协定项下的所有投资应比照适用。 |
| |
|
| 2. No Contracting Party shall, in its territory, impose unreasonable or discriminatory measures on investment by investors of another Contracting Party concerning performance requirements on export or transfer of technology. | | 二、任何缔约方均不得在其领土范围内,就技术出口或技术转移的业绩要求,对缔约另一方投资者的投资采取不合理或歧视性措施。 |
| |
|
| Article 8 Entry of Personnel | | 第八条 人员入境 |
Each Contracting Party shall endeavor, to the extent possible, in accordance with its applicable laws and regulations, to facilitate the procedures for the entry, sojourn and residence of natural persons of another Contracting Party who wish to enter the territory of the former Contracting Party and to remain therein for the purpose of conducting business activities in connection with investments. | |
各缔约方应依据其适用法律法规,在可能的程度内尽量向缔约另一方为进行投资相关商业行为而希望进入前一缔约方领土内并停留的自然人提供便利的入境、逗留及居住的程序。 |
| |
|
| Article 9 Intellectual Property Rights | | 第九条 知识产权 |
| |
|
| 1. (a) Each Contracting Party shall, in accordance with its laws and regulations, protect intellectual property rights. | | 一、(一)各缔约方应依据其法律法规保护知识产权。 |
| |
|
| (b) Each Contracting Party shall establish and maintain transparent intellectual property rights regimes, and will, under the existing consultation mechanism on intellectual property, promote cooperation and communications among the Contracting Parties in the intellectual property field. | | (二)各缔约方应当制定并保持透明的知识产权制度,并将在现有的知识产权磋商机制下促进缔约各方在知识产权领域的交流及合作。 |
| |
|
| 2. Nothing in this Agreement shall be construed so as to derogate from the rights and obligations under international agreements in respect of protection of intellectual property rights to which two or more Contracting Parties are parties. | | 二、本协定任何规定均不得解释为减损两个或两个以上缔约方加入的知识产权保护国际协定项下的权利和义务。 |
| |
|
| 3. Nothing in this Agreement shall be construed so as to oblige a Contracting Party to extend to investors of another Contracting Party and their investments treatment accorded to investors of the third Contracting Party or of a non-Contracting Party and their investments by virtue of international agreements in respect of protection of intellectual property rights, to which, respectively, the first-mentioned Contracting Party and the third Contracting Party and the first-mentioned Contracting Party and the non-Contracting Party are parties. | | 三、本协定任何规定均不得解释为由于缔约一方和缔约第三方、缔约一方和非缔约方分别缔结了知识产权保护国际协定,而导致缔约一方有义务将给予缔约第三方或非缔约方投资者及其投资的待遇也给予缔约另一方投资者及其投资。 |
| |
|
| Article 10 Transparency | | 第十条 透明度 |
| |
|
| 1. Each Contracting Party shall promptly publish, or otherwise make publicly available, its laws, regulations, administrative procedures and administrative rulings and judicial decisions of general application as well as international agreements to which the Contracting Party is a party and which pertain to or affect investment activities. The Government of each Contracting Party shall make easily available to the public, the names and addresses of the competent authorities responsible for such laws, regulations, administrative procedures and administrative rulings. | | 一、各缔约方应及时公布或用其他方式公开提供该方普遍适用的法律、法规、行政程序、行政裁决、司法判决,以及该缔约方加入的、与投资行为有关或影响投资行为的国际协定。各缔约方政府应让公众容易获得主管该法律、法规、行政程序及行政裁决的机关的名称及地址。 |
| |
|
| 2. When a Contracting Party introduces or changes its laws or regulations that significantly affect the implementation and operation of this Agreement, the Contracting Party shall endeavor to provide a reasonable interval between the time when such laws or regulations are published or made publicly available and the time when they enter into force, except for those laws or regulations involving national security, foreign exchange rates or monetary policies and other laws or regulations the publication of which would impede law enforcement. | | 二、缔约一方制定或者修改显著影响本协定实施及运行的法律、法规的,该缔约方应尽力保证此法律、法规的公布或公开与生效之间有合理的间隔,但涉及国家安全、外汇汇率、货币政策以及公布后会妨碍法律实施的其他法律、法规除外。 |
| |
|
| 3. Each Contracting Party shall, upon the request by another Contracting Party, within a reasonable period of time and through existing bilateral channels, respond to specific questions from, and provide information to, the latter Contracting Party with respect to any actual or proposed measure of the former Contracting Party, which might materially affect the interests of the latter Contracting Party and its investors under this Agreement. | | 三、应另一缔约方请求,各缔约方均应在合理期限内通过现有双边渠道,对关于该缔约方任何实际或建议的、可能重大影响另一缔约方及其投资者在本协定项下权益的措施,回应另一缔约方的具体问题并提供信息。 |
| |
|
| 4. Each Contracting Party shall, in accordance with its laws and regulations: | | 四、各缔约方应当依据其法律法规: |
| |
|
| (a) make public in advance regulations of general application that affect any matter covered by this Agreement; and | | (一)事先公布会影响本协定所涵盖的任何事项的普适性法规; |
| |
|
| (b) provide a reasonable opportunity for comments by the public for those regulations related to investment and give consideration to those comments before adoption of such regulations. | | (二)向公众提供就投资相关法规发表意见的合理机会,并且在该法规通过前考虑这些意见。 |
| |
|
| 5. The provisions of this Article shall not be construed so as to oblige any Contracting Party to disclose confidential information, the disclosure of which: | | 五、本条规定不得解释为任何缔约方有义务披露下列涉密信息: |
| |
|
| (a) would impede law enforcement; | | (一)披露将造成妨碍执法的; |
| |
|
| (b) would be contrary to the public interest; or | | (二)披露将造成违反公众利益的; |
| |
|
| (c) could prejudice privacy or legitimate commercial interests. | | (三)披露将造成侵犯隐私权或合法的商业利益的。 |
| |
|
| Article 11 Expropriation and Compensation | | 第十一条 征收和补偿 |
| |
|
| 1. No Contracting Party shall expropriate or nationalize investments in its territory of investors of another Contracting Party or take any measure equivalent to expropriation or nationalization (hereinafter referred to in this Agreement as "expropriation") except: | | 一、任何缔约方均不得在其领土范围内对其他缔约方投资者的投资实施征收或国有化,或采取与征收或国有化等同的任何措施(下称“征收”),但遵循以下原则的除外: |
| |
|
| (a) for a public purpose; | | (一)为了公共目的; |
| |
|
| (b) on a non-discriminatory basis; | | (二)在非歧视的基础上; |
| |
|
| (c) in accordance with its laws and international standard of due process of law; and | | (三)依照该缔约方的法律和国际标准的正当法律程序;以及 |
| |
|
| (d) upon compensation pursuant to paragraphs 2, 3 and 4. | | (四)依据本条第二、三、四款提供补偿。 |
| |
|
| 2. The compensation shall be equivalent to the fair market value of the expropriated investments at the time when the expropriation was publicly announced or when the expropriation occurred, whichever is the earlier. The fair market value shall not reflect any change in market value occurring because the expropriation had become publicly known earlier. | | 二、对被征收投资的补偿,应与被征收投资在公开宣布征收和实施征收中较早时间的公平市场价值相当。公平市场价值不应反映因公众事先知道征收所带来的市场价值的变化。 |
| |
|
| 3. The compensation shall be paid without delay and shall include interest at a commercially reasonable rate, taking into account the length of time from the time of expropriation to the time of payment. It shall be effectively realizable and freely transferable and shall be freely convertible, at the market exchange rate prevailing on the date of expropriation, into the currency of the Contracting Party of the investors concerned, and into freely usable currencies. | | 三、补偿支付不得延误,且应根据实施征收到支付补偿的期间按照合理商业利率计算利息。补偿应可有效变现、自由转移,并可按照征收时的市场汇率自由兑换为相关投资者所属缔约方的货币以及可自由使用货币。 |
| |
|
| 4. Without prejudice to the provisions of Article 15, the investors affected by expropriation shall have a right of access to the courts of justice or the administrative tribunals or agencies of the Contracting Party making the expropriation to seek a prompt review of the investors' case and the amount of compensation in accordance with the principles set out in this Article. | | 四、在不损害第十五条规定的前提下,受征收影响的投资者有权根据本条所确定的原则就投资者的情况和补偿金额向作出征收的缔约方法院、行政法庭、行政机构寻求及时的复议。 |
| |
|
| Article 12 Compensation for Losses or Damages | | 第十二条 损害或损失的补偿 |
| |
|
| 1. Each Contracting Party shall accord to investors of another Contracting Party that have suffered loss or damage relating to their investments in the territory of the former Contracting Party due to armed conflict or a state of emergency such as revolution, insurrection, civil disturbance or any other similar event in the territory of that former Contracting Party, treatment, as regards restitution, indemnification, compensation or any other settlement, that is no less favorable than that it accords to its own investors, to investors of the third Contracting Party or to investors of a non-Contracting Party, whichever is more favorable to the investors of another Contracting Party. | | 一、缔约一方的投资者在缔约另一方的领土内,如由于发生在缔约另一方领土内的武装冲突,或革命、暴动、内乱等紧急状态或其他类似事件而遭受与缔约另一方领土内投资有关的损害或损失,缔约另一方在给予投资者恢复原状、补偿、赔偿或其他解决方法的待遇方面,不应低于缔约另一方给予其本国投资者、缔约第三方投资者或非缔约方投资者的待遇中的最优者。 |
| |
|
| 2. Any payments as a means of settlement referred to in paragraph 1 shall be effectively realizable, freely transferable and freely convertible at the market exchange rate into the currency of the Contracting Party of the investors concerned and into freely usable currencies. | | 二、作为本条第一款所指解决方法的任何支付,应可有效变现、自由转移,并可按照市场汇率自由兑换为相关投资者所属缔约方的货币以及可自由使用的货币。 |
| |
|
| Article 13 Transfers | | 第十三条 转移 |
| |
|
| 1. Each Contracting Party shall ensure that all transfers relating to investments in its territory of an investor of another Contracting Party may be made freely into and out of its territory without delay. Such transfers shall include, in particular, though not exclusively: | | 一、各缔约方应保证,缔约另一方的投资者在其领土内与投资有关的转移,可以自由转入转出并不得延误。这些转移包括但不限于: |
| |
|
| (a) the initial capital and additional amounts to maintain or increase investments; | | (一)为保持和增加投资的初始资本及附加金额; |
| |
|
| (b) profits, capital gains, dividends, royalties, interests, fees and other current account incomes accruing from investments; | | (二)利润、资本利得、分红、特许权使用费、利息、收费及投资产生的其他经常账户收入; |
| |
|
| (c) proceeds from the total or partial sale or liquidation of investments; | | (三)全部或者部分出售或者清算投资所得款项; |
| |
|
(d) payments made under a contract including loan payments in connection with investments;
．．．．．． | | (四)与投资合同相关的支付,包括投资相关的贷款偿付;
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥1300.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |