The Government of the Russian Federation and the Cabinet of Ministers of the Ukraine, hereinafter referred to as the "Contracting Parties", seeking to develop the basic provisions of the Agreement On Cooperation in the Sphere of Investment Activity of December 24, 1993,
- in pursuance of their intention to create and maintain favorable conditions for mutual investments,
- in the desire to create favorable conditions for the expansion of economic cooperation between the Contracting Parties,
have agreed on the following:
any legal entity, set up or instituted in conformity with the legislation prevailing on the territory of the given Contracting Party, under the condition that the said legal entity is legally capable, under the legislation of its respective Contracting Party, to carry out investments on the territory of the other Contracting Party.
Each Contracting Party shall provide on its respective territory a regime for the investments made by investors of the other Contracting Party, and also with respect to the activity involved in making such investments which regime shall be no less favorable than the one granted to its own investors or investors of any third state, precluding the use of discriminatory measures, which could interfere with the management and disposal of those investments.
The most favored nation treatment, granted in accordance with Item 1 of this Article, shall not encompass privileges, which the Contracting Party is granting, or shall be granting, in future:
The investments of investors of either Contracting Party, carried out on the territory of the other Contracting Party, shall not be subject to expropriation, nationalization or other measures, equated by its consequences to expropriation (hereinafter referred to as expropriation), with the exception of cases, when such measures are not of a discriminatory nature and entail prompt, adequate and effective compensation.
The compensation shall correspond to the market value of the expropriated investments, prevailing immediately before the date of expropriation or when the fact of expropriation has become officially known. The compensation shall be paid without delay with due regard for the interest, to be charged as of the date of expropriation till the date of payment, at the interest rate for three months' deposits in US Dollars prevailing at the London interbank market (LIBOR) plus 1%, and shall be efficiently realizable and freely transferable.
The investors of one Contracting Party whose investments suffered damage on the territory of the other Contracting Party as a result of war, civil disturbances or other similar circumstances, shall be granted a regime no less favorable than the one which the latter Contracting Party is granting to investors of any third state with respect to any measures which it undertakes in connection with such damage.
Each Contracting Party shall guarantee to the investors of the other Contracting Party, after they have honored their respective tax obligations in full in conformity with the legislation of either Contracting Party, an unimpeded transfer for abroad of payments associated with the investments, and, in particular:
The Contracting Party or an agency duly authorized by it which has made a payment to the investor on the basis of a guarantee against non-commercial risks in connection with its investments on the territory of the other Contracting Party , shall be entitled to exercise by way of subrogation, the investor's rights in the same scope as the investor itself. Such rights shall be exercised in accordance with the legislation of the latter Contracting Party.
In the event the dispute cannot be resolved through negotiations within six months as of the date of the written notification as mentioned in Item 1 hereof above, then the dispute shall be passed over for consideration to:
A arbitration tribunal shall be set up on a case-by-case basis according to the following procedure. The Contracting Parties, each of them, shall appoint one member of the arbitration tribunal within two months as of the receipt of notification of hearing to be held by an arbitration tribunal. Then, those two members of the tribunal shall select a citizen of a third country who, given the consent thereto of both Contracting Parties shall be appointed to act as a chairperson of the tribunal within one month as of the appointment of the two other members of the tribunal.
In the event the required appointments have not been made within the dates specified in Item 3 of this Article, then, unless the parties have agreed otherwise, either of the Contracting Parties may turn to the Chairman of the International Court of Justice with a request to make such appointments. If the Chairman is a citizen of the state of either Contracting Party, or if he is in no position, for whatever reason to perform that function, then the Vice-Chairman of the International Court of Justice shall be asked to make said appointments. If the Vice-Chairman is also a citizen of the state of either Contracting Party or if he is for any other reason in no position to discharge the said function, then the necessary appointments shall be made by a member of the International Court of Justice who comes next in seniority who is not a citizen of either Contracting Party.
Each Contracting Party shall bear the costs involved in the activity of the member of the tribunal appointed by it and in its representation in the arbitration hearing; the outlays connected with the activity of the Chairman of the arbitration tribunal, and also other expenditures shall be shared equally by the Contracting Parties. The court, however, shall have the right to envisage in its decision that one of the Contracting Parties shall bear a greater portion of expenditures and that decision shall be binding upon both Contracting Parties.
The representatives of the Contracting Parties shall hold consultations, in case of need, on issues concerning the interpretation or application of this Agreement. The consultations shall be held at the suggestion of either Contracting Party, while the time and place of their convocation shall be coordinated through diplomatic channels.
Given the mutual consent thereto, the Contracting Parties shall have the right to make necessary amendments and addenda to this Agreement, which shall be the subject of relevant Protocols and shall be an integral part of this Agreement, after which each of the Contracting Parties has notified the other of the fulfilment of the procedures inside the state required for the Protocol to take effect.
Article 14Effective Date and Term of Effectiveness
This Agreement shall take effect as of the date of the latest notification in writing of the fulfilment by the Contracting Parties of a procedure inside each state required for this Agreement to become effective.
The Russian Federation ratified this Agreement by its Federal Law No. 21-FZ of January 2, 2000
The Agreement came into force on January 27, 2000
This Agreement shall be valid for a term of ten years and shall be automatically extended each time for another five years' term until such time when either Contracting Party notifies the other Contracting Party not later than twelve months prior to the expiration of that effective term of its intention to terminate this Agreement.
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