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Treaty Series Recueil des Traites - United Nations Treaty Collection ...

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Volume 2223, 1-39521<br />

Compensation shall be paid without delay and shall be freely transferable and fully realisable.<br />

It shall bear interest at the normal commercial rate from the date of the determination<br />

of its amount until the date of its payment.<br />

4. Investors of one Contracting Party whose investments suffer losses owing to war<br />

or other armed conflict, revolution, a state of national emergency or revolt in the territory<br />

of the other Contracting Party shall be granted by the latter Contracting Party a treatment,<br />

as regards restitution, indemnification, compensation or other settlement, at least equal to<br />

that which the latter Contracting Party grants to the investors of the most favoured nation.<br />

5. In respect of matters dealt with in this Article, each Contracting Party shall grant<br />

to the investors of the other Contracting Party a treatment which shall at least be equal to<br />

that granted in its territory to the investors of the most favoured nation.<br />

Article 6. Transfers<br />

1. Each Contracting Party shall guarantee that all payments relating to an investment<br />

made by an investor of the other Contracting Party may be freely transferred, including<br />

more particularly :<br />

a) amounts necessary for establishing, maintaining or expanding the investment;<br />

b ) amounts necessary for payments under a contract, including amounts necessary<br />

for repayment of loans, royalties and other payments resulting from licences, franchises,<br />

concessions and other similar rights, as well as salaries of expatriate personnel;<br />

c) returns;<br />

d) proceeds from the total or partial liquidation of investments, including gains or<br />

increases in the invested capital;<br />

e) compensation paid pursuant to Article 5.<br />

2. The nationals of each Contracting Party who have been authorized to work in the<br />

territory of the other Contracting Party in connection with an investment shall also be permited<br />

to transfer an appropriate portion of their earnings to their country of origin.<br />

3. Transfers may be made in a freely convertible currency at the market rate of exchange<br />

prevailing on the date of transfer in the territory of the Contracting Party from<br />

which the transfer is made.<br />

4. Each Contracting Party shall issue the authorizations required to ensure that the<br />

transfers can be made without undue delay and with no other expenses than the usual taxes<br />

and costs.<br />

5. Notwithstanding paragraphs 1 to 4 of this Article, a Contracting Party may delay<br />

or prevent a transfer through the equitable, non-discriminatory and good faith application<br />

of measures :<br />

(a) to protect the rights of creditors,<br />

(b) relating to or ensuring compliance with laws and regulations<br />

(i) on the issuing, trading and dealing in securities, futures and derivatives,<br />

(ii) concerning reports or records of transfers, or

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