AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC, ON THE PROMOTION AND PROTECTION OF INVESTMENTS, SIGNED AT BANGUI, ON 15 OCTOBER 2019
This article ratifies the investment agreement and says it is fully effective. It also defines key terms used in the agreement.
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Citation provenance: source:rw:amategeko · schema StatuteEnrichmentPublicV1.
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This article ratifies the investment agreement and says it is fully effective. It also defines key terms used in the agreement. The listed ministers are responsible for implementing this Order. This Order starts to apply on the day it is published in the Official Gazette of Rwanda. Each Party must give investors of the other Party treatment no less favorable than it gives its own or certain non-Party investors in like circumstances, subject to listed exceptions. The Parties must keep administrative, legislative, and judicial processes non-arbitrary and fair to investors, give timely notice of relevant proceedings, provide review or appeal rights, allow timely access to government-held information subject to domestic law, and work to improve transparency and accountability.
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Provisions of AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC, ON THE PROMOTION AND PROTECTION OF INVESTMENTS, SIGNED AT BANGUI, ON 15 OCTOBER 2019
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- 1 Verify source ↗
Kwemeza burundu
AI-assisted research summary: This article ratifies the investment agreement and says it is fully effective. It also defines key terms used in the agreement.
Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Repubulika ya Santarafurika, yerekeye guteza imbere no kurengera ishoramari, yashyiriweho umukono i Bangui, ku wa 15 Ukwakira 2019, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. The Agreement between the Government of the Republic of Rwanda and the Government of the Central African Republic, on the promotion and protection of investments, signed at Bangui, on 15 October 2019, annexed to this Order, is ratified and becomes fully effective. ARTICLE 1 Definitions Forthe purposes of this Agreement Enterprise means any entity constituted or organized under applicable law, whether or not for profig and whether privately or governmentally owned or controlled, including a corporation, trusq partrership, sole proprietorship, joint venture, association, or similar organization; and a branch ofan enterprise. Home State means, in relation to: (aJ a natural person, the Party of nationality or predominant residence of the investor in accordance with the laws of that Party [b) a legal person, the Party ofincorporation or registration ofthe investor, and place of development of his or her activities, in accordance with the laws of tlat Party Host Shte means the Party where the investment is located. ICSID means the International Centre for Settlement of Investrnent Disputes, established under tle Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Investrnent means an enterprise within the territory of one Party established, acquired or expanded by an investor ofthe o&er Party, including through the constitution, maintenance or acquisition of a Iegal person or the acquisition of shares, debentures or other ownership instruments of such an enterprise, provided that t}te enterprise is established or acquired, and conducted in accordance with the laws of the Host State. An enterprise may possess assets such as: (a] shares, stocks, debentures and other equity instruments of the enterprise or another enterprise (bJ a debt security of another enterprise (c) loans to an enterprise 3 (dJ movable or immovable property and other property rights such as mortgages, Iiens or pledges [e] claims to money or to any performance under contract having a financial value [f] copyrights, Icrow-how, goodwill and indusEial property righG such as patents, trademarks, industrial designs and fade names, to the extent they are recognised under the law of the Host State (gJ rights conferred by law or under conract, including licenses to cultivate, exfact or exploit nafural resources For greater certainty, Investment does not include: [aJ debt securities issued by a government or loans to a government [bJ pordolio investments [c) claims to money that arise solely from commercial contracts for the sale of goods or seryices by a national or enterprise in the territory of a Party to an enterprise in the territory of another Party, or the extension of credit in connection witlr a commercial hansaction, or any other claims to money that do not involve the kind of interests set out in subparagraphs [aJ through (gJ of this Article. Investor means a nafural person or legal person of the Home State making an invesunent into the territory of the Host State, provided that: (aJ the natural person, if a dual citizen, is predominantly a resident of the Home State; (bJ the legal person is incorporated under the laws of the Home State, and conducts substantial business activity in the Home State. Measure means any form of Iegally binding governmental act directly affecting an investor or its inveshnen! and includes any law, regulation, procedure, requiremen! final judicial decision, or binding executive decision, including: .4 [a) In respect of the Republic of Rwanda, measures taken by central or district governments or authorities; [bJ In respect ofthe Central African Republic, measures taken by the Central African Republic governments or authorities; Portfolio inveshent means invesEnent that constitutes less than 10 per cent ofthe shares ofthe company or otherwise does not give the portfolio investor the possibility to exercise effective management or influence on the management of the investnenl Part5r means a State that is party to this Agreemenl Territory means: [a] For the Central African Republic: land, inland and territorial waters of the Central African Republic and their bed and subsoil, and air space above them, and the economic zone and continental shelf, which is exercised by the Central African Republic's sovereiga rights and jurisdictiorl in accordance with the provisions of international law and domestic laws and regulations. [bJ For the Republic of RWANDA: includes all the territory, lakes and any other area within water bodies and air space in which Rwanda may exercise sovereign right with jurisdiction in accordance with international law Transfers means international payments and transactions in cash or electronic form. UNCITML Arbihation Rules means the arbiEation rules of the United Nations Commission on International Trade Law as approved at the time an arbitation is commenced pursuant to the submission of a notice of arbitration under such Rules, including any rules or annexes specifi c to investor-State arbitration processes.Referenced legislation
- Convention on the Settlement of Investment Disputes between States and Nationals of Other States (resolved)
- 2 Verify source ↗
Abashinzwe gushyira mu
AI-assisted research summary: The listed ministers are responsible for implementing this Order.
Ingingo ya 2: Abashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2 l’exécution du présent arrêté : Autorités chargées de Ingingo ya 2: Abashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order le Gouvernement de la L’accord entre République du Rwanda et le Gouvernement la République Centrafricaine, sur de la des la promotion investissements, signé à Bangui, le 15 octobre 2019, annexé au présent arrêté, est ratifié et sort son plein et entier effet. protection et Article 2 l’exécution du présent arrêté : Autorités chargées de Minisitiri w’Intebe, Minisitiri w’Ubucuruzi n’Inganda, Minisitiri w’Imari n’Igenamigambi na Minisitiri w’Ububanyi n’Amahanga n’Ubutwererane bashinzwe gushyira mu bikorwa iri teka. The Prime Minister, the Minister of Trade and the Minister of Finance and Industry, Economic Planning and the Minister of Foreign Affairs and International Cooperation are entrusted with the implementation of this Order. le Ministre du Le Premier Ministre, Commerce et de l’Industrie, le Ministre des Finances et de la Planification Économique et le Ministre des Affaires Étrangères et de la Coopération Internationale sont chargés de l’exécution du présent arrêté. Official Gazette n° Special of 12/11/2021147 ARTICLE 2 Obiective The main objective of this Agreement is to encourage and increase investments between investors of one Party into the territory of the other Party that support the sustainable development ofeach Party, and in particular the Host State where an investrnent is to be located. - 3 Verify source ↗
Igihe iri teka ritangirira
AI-assisted research summary: This Order starts to apply on the day it is published in the Official Gazette of Rwanda.
Ingingo ya 3: Igihe iri teka ritangirira gukurikizwa Article 3: Commencement Article 3: Entrée en vigueur Official Gazette n° Special of 12/11/2021145 ITEKA RYA PEREZIDA No 113/01 RYO KU WA RYEMEZA 10/11/2021 BURUNDU AMASEZERANO HAGATI YA GUVERINOMA YA REPUBULIKA Y’U RWANDA NA GUVERINOMA YA REPUBULIKA YA SANTARAFURIKA, IMBERE NO YEREKEYE GUTEZA ISHORAMARI, KURENGERA YASHYIRIWEHO I BANGUI, KU WA 15 UKWAKIRA 2019 UMUKONO BETWEEN RATIFYING PRESIDENTIAL ORDER No 113/01 OF THE 10/11/2021 AGREEMENT THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC, ON AND THE INVESTMENTS, PROTECTION OF SIGNED AT BANGUI, ON 15 OCTOBER 2019 PROMOTION ENTRE L’ACCORD ARRÊTÉ PRÉSIDENTIEL No 113/01 DU 10/11/2021 PORTANT RATIFICATION DE LE GUVERNEMENT DE LA RÉPUBLIQUE DU RWANDA ET LE GUVERNEMENT RÉPUBLIQUE DE CENTRAFRICAINE, LA PROMOTION ET LA PROTECTION DES INVESTISSEMENTS, SIGNÉ À BANGUI, LE 15 OCTOBRE 2019 SUR LA Twebwe, KAGAME Paul, Perezida wa Repubulika; We, KAGAME Paul, President of the Republic; Nous, KAGAME Paul, Président de la République ; ku Itegeko Nshinga rya Dushingiye Repubulika y’u Rwanda ryo mu 2003 ryavuguruwe mu 2015, cyane cyane mu ngingo zaryo, iya 112, iya 120, iya 122, iya 167, iya 168 n’iya 176; Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 112, 120, 122, 167, 168 and 176; Vu la Constitution de la République du Rwanda de 2003 en 2015, spécialement en ses articles 112, 120, 122, 167, 168 et 176 ; révisée Dushingiye ku Itegeko n° 071/2021 ryo ku wa ryemera kwemeza burundu 14/10/2021 Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Repubulika ya Santarafurika, yerekeye guteza imbere no kurengera ishoramari, yashyiriweho umukono i Bangui, muri Repubulika ya Santarafurika, ku wa 15 Ukwakira 2019; ratification of Pursuant to Law n° 071/2021 of 14/10/2021 the Agreement approving between the Government of the Republic of Rwanda and the Government of the Central African Republic, on the promotion and protection of investments, signed at Bangui, in Central African Republic, on 15 October 2019; le Gouvernement de Vu la Loi n° 071/2021 du 14/10/2021 approuvant la ratification de l’Accord entre le Gouvernement de la République du Rwanda et la République Centrafricaine, relatif à la promotion et à la investissements, signé à protection des Bangui, en République Centrafricaine, le 15 octobre 2019 ; Tumaze kubona Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Considering the Government of the Republic of Rwanda and the Agreement between Considérant l’Accord entre le Gouvernement le la République du Rwanda et de Official Gazette n° Special of 12/11/2021146 Guverinoma ya Repubulika ya Santarafurika, yerekeye guteza imbere no kurengera ishoramari, yashyiriweho umukono i Bangui, ku wa 15 Ukwakira 2019; the Central African the Government of Republic, on the promotion and protection of investments, signed in Bangui, on 15 October 2019; de Gouvernement Centrafricaine, sur protection des Bangui, le 15 octobre 2019 ; République la la promotion et investissements, signé à la Bisabwe na Minisitiri w’Ubucuruzi n’Inganda; On proposal by the Minister of Trade and Industry; Sur proposition du Ministre du Commerce et de l’Industrie ; Inama y’Abaminisitiri, imaze kubisuzuma no kubyemeza; After consideration and approval by the Cabinet; Après examen et adoption par le Conseil des Ministres ; TWATEGETSE KANDI DUTEGETSE: HAVE ORDERED AND ORDER: AVONS ARRÊTÉ ET ARRÊTONS : Ingingo ya 3: Igihe iri teka ritangirira gukurikizwa Article 3: Commencement Article 3 : Entrée en vigueur teka ritangira gukurikizwa ku munsi Igazeti ya Leta ya Iri ritangarijweho mu Repubulika y’u Rwanda. This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda. Le présent arrêté entre en vigueur le jour de sa publication au Journal Officiel de la République du Rwanda. Official Gazette n° Special of 12/11/2021148 Kigali, 10/11/2021 (sé) KAGAME Paul Perezida wa Repubulika President of the Republic Président de la République (sé) Dr NGIRENTE Edouard Minisitiri w’Intebe Prime Minister Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika: Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République : (sé) Dr UGIRASHEBUJA Emmanuel Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta Minister of Justice and Attorney General Ministre de la Justice et Garde des Sceaux Official Gazette n° Special of 12/11/2021149 HAGATI W’ITEKA RYA UMUGEREKA PEREZIDA No 113/01 RYO KU WA BURUNDU 10/11/2021 RYEMEZA AMASEZERANO YA GUVERINOMA YA REPUBULIKA Y’U RWANDA NA GUVERINOMA YA REPUBULIKA YA SANTARAFURIKA, IMBERE NO YEREKEYE GUTEZA KURENGERA ISHORAMARI, YASHYIRIWEHO UMUKONO I BANGUI, KU WA 15 UKWAKIRA 2019 ANNEX TO PRESIDENTIAL ORDER No 113/01 OF 10/11/2021 RATIFYING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC THE OF GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC, ON THE PROMOTION AND PROTECTION OF INVESTMENTS, SIGNED AT BANGUI, ON 15 OCTOBER 2019 RWANDA AND GOUVERNEMENT ANNEXE À L’ARRÊTÉ PRÉSIDENTIEL No 113/01 DU 10/11/2021 PORTANT RATIFICATION DE L’ACCORD ENTRE LE LA RÉPUBLIQUE DU RWANDA ET LE GOUVERNEMENT LA RÉPUBLIQUE CENTRAFRICAINE, SUR LA PROMOTION ET LA PROTECTION DES INVESTISSEMENTS, SIGNÉ À BANGUI, LE 15 OCTOBRE 2019 DE DE Official Gazette n° Special of 12/11/2021150 G] AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC ON THE PROMOTION AND PROTECTION OF INVESTMENTS PREAMBLE The Government of the Central African Republic and the Government of t}re Republic of Rwanda, DESIRING to sfengthen the bonds of friendship and cooperation between the Parties; RECOGNISING the important contribution investment can make to the sustainable development of the Parties, including the reduction ofpoverty, the increase ofproductive capacity, economic growth, the transfer of technology, and the furtherance of human rights and human developmen! SEEIONG to promote, encourage and increase invesftnent opportunities t}tat enhance sustainable development within the territories of the Parties; UNDERSTANDING that sustainable development requires the fulfilment of the economic, social and environmental pillars that are embedded within the concept; REAFFIRMING the right of the Parties to regulate and to introduce new measures relating to investments in their territories in order to meet national poliry objectives, and-taking into account any asymmetries with respect to the measures in place-the particular need of developing countries to exercise this right; SEEKING an overall balance ofthe rights and obligations among the Parties, the investors, and the invesEnents under this Agreement; Have agreed as follows: PART l: CoMMON PROVISIONS ARTICLE 3 Scope oftheAgreement This Agreement shall apply to all investors and investrnents made by investors of either Party in the territory of the other Party, accepted as such in accordance with its laws and regulations, whetler made before or after the coming into force of this Agreement, but shall not apply to any dispute arising from actions that occurred before the entry into force of this Agreement. ARTICLE4 Promotion and protection of investrnents 1.Each Party, as far as possible, shall encourage and create favorable conditions for investors of the other Party to make investrnents in its territory and admit such investments in accordance with its laws and regulations in force. 2.When a Party shall have admitted an investment in its territory, it shall grant in accordance with its laws and regulations the necessary permits in connection with such an invesEnent and with the carrying out of licensing agreements and contracts for technical, commercial or administrative assistance. 3.lnvestrnents made by investors of each Party shall at all times be accorded fair and equitable Ueatment and shall enjoy full protection and security in the territory ofthe other Party. 4.For greater certainty "full protection and security refers to the Parties' obligations to act as may be reasonably necessary to protect the physical security of investors and covered investments that do not create additional obligations other than those it offers to its nationals and other aliens. S.Neither Party shall in any way impair by unreasonable or discriminatory measures the operation, management, maintenance, use, enjoyment or disposal of investnents in its territory by investors of the other Party. 6.The Parties shall undertake to implement investnent promotion measures including though not exclusively: i. the exchange of information related to tleir respective invesurent laws; ii. the reciprocal sending of economic promotion missions; iii. the facilitation of business contacts between the investors for the two Parties. - 5 Verify source ↗
Article 5
AI-assisted research summary: Each Party must give investors of the other Party treatment no less favorable than it gives its own or certain non-Party investors in like circumstances, subject to listed exceptions.
ARTICLE 5 Treament of lnvestors and lnv€stments tU Each Party shall accord to Investors ofthe other Party and their Investments treatment no less favourable than the treatnent it accords, in like circumstances, to its own investors and tieir investments with respect to the management, operation and disposition of Investments in its territory. {2) For greater certainty, references to "like circumstances" in requires an overall examination on a case-by-case basis of all the circumstances of an Investment including: (al its effects on third persons and the local community; tbl its effecB on the local, regional or national environmen! including the cumulative effects of all investrnents within a jurisdiction on the environment; (c) the sector the Investor is in; (d) the aim ofthe measure concerned; [e] the regulatory process generally applied in relation to the measure concerned; and (0 other factors directly relating to the Investrnent or Investor in relation to the measure concerned. The examination referred to in this paragraph must not be limited to or be biased toward any one factor. (31 Nothing in this Article shall be conskued to prevent a Party from adopting or maintaining a measure that prescribes special formalities in connection with the Investments of Investors, such as a requirement that their Investments be legally constituted under the laws or regulations of the State Party, provided that such formalities do not materially impair the protections afforded by a Party to Investors ofthe other Party and their Investments pursuant to this Agreement t4l Each Party shall accord to investments of investors of the other Party reaunent no less favourable than that it accords, in like circumstances, to investrrents in its territory of investors of any non-Party with respect to the management, conduct, operation, and sale or other disposition of investrnents. (5) The provisions of paragraph 4 above shall not be consffued so as to oblige one Party to extend to the investors of the other Party and investments of investors of the other Party the benefit of any treatment, preference or privilege resulting from: [aJ any existing or future customs union, free fade area, free trade arrangemeng common market monetary union or similar international agreement or other forms of regional cooperation to which either of the Parties is or may become a party; or the adoption of an agreement designed to lead to the formation or extension of such a union, area or arrangement; [bJ any existing bilateral investment agreements (also commonly referred to as "inveshnent guarantee agreements", "investrnent promotion and protection "international investnent agreements" agreements"); or (cJ any existing or future international investment agreements between or among Member States of a regional economic community, including investnent Ilr agreements between or among Member States of a regional economic community and any one or more tlird States; or [d) any arrangement with a non.Party or parties in the same geographical region designed to promote regional cooperation in the economig social, labour, industrial or monetary fields within t}re framework of specific projects. t6) For greater certainty, paragraphs 4 and 5 shall not be consrued as granting to investors options or procedures for the settlement of disputes other than those set out in Section One (Setdement of Disputes between a ParW and an Investor of the Other Party) of Chapter III (Dispute Settlement). (7) This Article constitutes the definition and scope of all references to non-discrimination or national treatment for all purposes under this Agreemenl Any reference to any such term elsewhere in this Agreement is to be applied and interpreted in accordance with this Article. - 6 Verify source ↗
Article 6
AI-assisted research summary: The Parties must keep administrative, legislative, and judicial processes non-arbitrary and fair to investors, give timely notice of relevant proceedings, provide review or appeal rights, allow timely access to government-held information subject to domestic law, and work to improve transparency and accountability.
ARTICLE 6 Fair Administrative Treaturent (1) The Parties shall ensure that their administative, legislative, and iudicial processes do not operate in a manner that is arbitrary or that denies administrative and procedural justice or due process to investors of the other Party or their invest1ents. (2) Investors or their Investments, as required by the circumstances, shall be notified in a timely manner of administrative or judicial proceedings directly affecting the Investmentfs], unless, due to exceptional circumstancet such notice is contrary to domestic law. 9 9 (31 Administrativedecision-makingprocessesshallinclude the right of administrative review or appeal of decisions, commensurate with the level of development and available resources at the disposal of Parties. (41 The Investor or Investment shall have access to government-held information in a timely fashion and in accordance with domestic law, and subject to the limitations on access to information under the applicable domestic law. t5) Parties shall progressively snive to improve the transparency, efficiency, independence and accountability of their legislative, regulatory, administrative and judicial processes in accordance with their respective domestic laws and regulations. t6l A determination thatthere has been a breach ofanother provision of this Agreement, or of a separate international agreement, does not establish that there has been a breach of this Article. ARTICTE 7 Expropria6on A Party shall not directly or indirectly nationalise or t1) expropriate investments in its territory except: [a) in the public interest; @J in accordance with due process of law; and [c] on payment of fair and adequate compensation within a reasonable period of time. t2') The assessment of fair and adequate compensation is to be based on an equitalle balance between the public interest and interest of those affected, having regard for all relevant circumstances and ta|<ing into account the current and past use of t}re property, the history of its acquisition, the fair 10 11.) market value ofthe property, the purpose ofthe expropriation, the extent of previous profit made by t}te foreign investor through the investment, and the duration of the investmenl (3] Any payment must be made in a freely convertible currency. Payment must include simple interest at the current commercial rate of the Host State from the date of expropriation until the date of actual payment. On payment compensation must be freely tansferable. t4) Awards that are significantly burdensome on a Host State may be paid yearly over a period as agreed by the parties to the arbitration, subiect to interest at the rate established by agreement of the parties to the arbitration or by a tribunal. (51 This Article does not apply to the issuance of compulsory licences granted in relation to intellectual property rights, or to the revocation limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent wit} applicable international agreements on intellechral property. (6] Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unJustifiable discrimination pursuant to Article 4 (non- discrimination), a measure of a Party that is designed and applied to protect or enhance legitimate public welfare objectives, such as public health, safety, national security and the environment, does not constitute an indirectexpropriation under this Agreemeni (7) A measure ofgeneral application shall not be considered an expropriation of a debt security or loan covered by this Agreement solely on the ground that the measure imposes costs on the debtor that cause it to default on the debt 1l (81 Thelnvestoraffectedbytheexpropriationshallhavethe right under the law ofthe Party making the expropriation to a review by a judicial or other independent authority of that Party of the decision to expropriate and the valuation of the expropriated investrnent in accordance n/itt the principles set out in this Article. (9] Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of this article are applied so as to guarantee adequate and effective compensation in respect of their investnent to such investors of the other Conhacting Party who are owners ofthose shares. ARTICLES Repatriation ofAssets (1) Each Contracting Party shall guarantee the free movement of output from all investment made by an investor ofthe other Contracting Party in its territory and guarantee all funds of an investor of the other Contracting Party related to an investment in its territory to be freely transferred without delay. Such funds would include but not limited to: (aJ Repariate the capital invested and the Investnent refurns; [bJ Repatriate funds for repayment of loans; (c) Repahiate proceeds from compensation upon expropriation, the liquidation or sale of the whole or part of ttre Investment including an appreciation or increase of the value of the Investment capital; (d) Transfer payments for maintaining or developing the Investment project such as funds for acquiring raw or auxiliary materials, semi-finished products as well as replacing capital assets; 72 [eJ Remit the unspent earnings of expatriate staff of the Investrnent project [fJ Repatriate compensation to the investor paid pursuant to this Agreemen! and [g) Make payments arising out of the settlement of a dispute by any means including adjudication, arbitration or the agreement ofthe Party to the dispute. (2) Each Party must allow the tansfers in paragraph (1) of this Article to be made in a freely convertible currency at the market rate of exchange prevailing at the time of transfer. (3) Nonrrithsanding paragraph (1) of this Article, a Party may prevent or delay a transfer through the application of its laws and regulations relating to: [a) bankruptcy, insolvency, or the protection of the rights of creditors; [bJ issuing trading or dealing in securities, futures, options or derivatives; (cJ criminal or penal offences and the recovery of the proceeds of crime; (dJ financial reporting or record keeping of transactions when necessary to assist law enforcement or financial regulatory authorities; (e) orders or iudgments in judicial or administrative proceedings; (fl taxation; (g) social security, public retirement or compulsory savings schemes; [h] severance entitlements of employees; and (i) the formalities required to register and satisff the Central Bank and other relevant authorities of a Party. (4) Where, in the opinion of a Party, payments and capital movements in relation to an Investor or an Investnent covered by this Agreement cause or threaten to cause serious: 13 (aJ difficulties for balance of payment purposes; (bJ external financial difficulties; and/or [cJ difficulties for macroeconomic management including monetary poliry or exchange rate poliry, the Party concerned may take safeguard measures with regard to capital movements on a temporary basis so as to be removed as soon as conditions permit. tsl The restricdons referred to in paragraph 4 shall: International Monetary Funds; [a) be consistent with the Articles of Agreement of the (bJ avoid unnecessary damage to the commercial, economic and financial interests of the other Contracting Party; [cJ not exceed those necessary to deal with the circumstances described in paragraph 1; (d) be temporary and be phased out progressively as the situation specifted in paragraph 1 improves; and (eJ be applied on a national treatment basis and that the investor of the other Contracting Party is treated no less favorably than an investor ofany third State. t6) Any restrictions adopted or maintained under paragraph 4, or any changes therein, shall be promptly notified to the other Contracting Party. (7) The Contracting Party adopting any restrictions under paragraph 4 shall commence consultations with the other Contracting Party in order to review the restrictions adopted by it - 9 Verify source ↗
Article 9
AI-assisted research summary: In conflict or similar unrest, each Party must protect the other Party’s investments no less favourably than its own or third-state investments, and the Host State must give loss-related treatment on restitution, indemnification, compensation, or other settlement on the same basis.
ARTICLE 9 Protection and Security t1l In the event of war or other armed conflict, revolution, revolt, insurrection or riot in or affecting the territory of the Host State, a Party shall accord Investrnents of Investors ofthe other Party protection and security no less favourable than 14 that which it accords to investments of its own investors or to investnents of investors of any third State. (2) Investors of one Party whose Investments in the territory of the other ParW suffer losses as a result ofa breach of paragraph 1 of this Article, in particular owing to war or other armed conflict, revolutiory revolt, insurrection or riot in the territory of the Host State shall be accorded by the Host State treatment, as regards restitution, indemnification, compensation or other settlemenL no less favourable than that that accorded to its own investors or to investors of any third state whichever is more favorable to the investor.. PART III: RIGHTS AND OBLIGATIONS OF INVESTORS AND PARTIES - 10 Verify source ↗
Article 10
AI-assisted research summary: Investors and their investments must follow host-state domestic laws, meet corporate governance standards, use arm’s-length or fair-market pricing for related-party transactions, and avoid transfer mispricing.
ARTICLE 10 Compliance witt domestic laws Investors and their Investnents must comply with all applicable domestic laws and measures of the host state. ARTICI.E 11 Framework for cor?orate govemance l.lnvestors and their Investments must meet or exceed national and internationally accepted standards of corporate governance for their sector, in particular for transparency and accounting practices. 2.lnvestors and their Investments must ensure that all transactions with related or affiliated companies respect the arm's length principle or fair market price. Investors and tJreir Investments must not undertake any transfer mispricing pracfices between themselves or any other related or affiliated company. - 12 Verify source ↗
Article 12
AI-assisted research summary: Investors and their investments must follow socio-political obligations and must not interfere in politics, public office appointments, public order, morals, or the public interest.
ARTICLE 12 Socio-political obligations 15 llnvestors and their Investments must adhere to socio-political obligations including: [aJ respect for national sovereignty and observance of domestic laws, regulations and administrative practices; (b) respect for socio-cultural values; (cJ non-interference with internal political affairs; and (d) non-interference with intergovernmental relations; 2.lnvestors and their Investments must not influence or attempt to influence the appointnrent of persons to public office or finance political parties. 3.lnvestors and their Investrnents must not engage in any act that may be preludicial to public order, morals or to the public interesl The investor must not exercise restrictive practices and try to achieve gains through unlawful means. - 13 Verify source ↗
Article 13
AI-assisted research summary: Investors and their investments must not bribe public officials or be complicit in bribery.
ARTICLE 13 Bribery and ColTuption l.lnvestors and their Investments must not offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a public official of the Host State, or to a member of an official's family or business associate or other person in close proximity to an official, for that ofificial or for a tlird party, in order that the of;ficial or third party act or refrain from acting in relation to the performance of official duties, in order to achieve any favour in relation to a proposed Investrnent or any other rights in relation to an InvesEnenL 2.lnvestors and their Investments must not be complicit in any act described in paragraph 1 of this Article, including through incitemen! aiding and abetting or conspirary to commit or authorise such acts. 16 3.A breach of this article by an Investor or an Investnent is deemed to constitute a failure on the part of the Investor to establish, acquire or conduct, as the case may be, the Investment in accordance with the Iaws of the Host State. 4.The Parties to this Agreement, consistent with their applicable laws, shall prosecute and where convicted, penalize persons that have breached the applicable law implementing this obligation. - 14 Verify source ↗
Article 14
AI-assisted research summary: Investors and their investments must follow human rights principles and act responsibly toward consumers, goods, and services.
ARTICLE 14 Business Eilrics and Human Rights l.lnvestors and their Investments must observe the United Nations Guiding Principles on Business and Human Rights, if necessary with modifications for t}le local circumstances. 2.lnvestors and their Investments must: (a) Support and respect the protection of internationally proclaimed human rights; (bJ Ensure that they are not complicit in human rights abuses; (cJ Uphold the freedom of association and the effective recognition of the right to collective bargaining; (dJ Eliminate all forms of forced and compulsory labour, including the effective abolition of child labour; [eJ Eliminate discrimination in respect of employment and occupation; 3.Where it is necessary to prioritize actions to address actual and potential adverse human rights impacts, Investors should first seek to prevent and mitigate those that are most severe or where delayed response would make them irremediable. ARTICTE 15 Corporate Social Responsibility 77 Investors and their Investrnents must ensure tltat the pursuit of their economic obiective does not conflict with the social and economic development of the Host State and must be sensitive to changes in the social and economic goals of the Host State. Investors and their Investrnents must act in accordance with fair business, marketing and advertising practices when dealing with consumers and must ensure the safety and quality of goods and services they provide,Referenced legislation
- United Nations Guiding Principles on Business and Human Rights (unresolved)
- 16 Verify source ↗
Article 16
AI-assisted research summary: Investors must protect the environment, follow environmental and social assessment rules, disclose impact assessments, and apply the precautionary principle.
ARTICLE 16 Environment Protection and Social ImpactAssessment l.lnvestors and their Investments must protect the environment during their business activity and where their business activity does cause damage to the environment; take reasonable steps to restore it as far as possible, and to ensure fair compensation is paid to tiose impacted by that environmental damage. 2.Investors and their Investrnents must comply with environmental and social assessment screening criteria and assessment processes applicable to their proposed investments prior to their establishment, as required by the Iaws of the Host State for such an investrnenL 3.The impact assessments required under paragraph 2 of this Article include assessments of the impacts on t}te human rights of the persons in the areas potentially impacted by the Investment 4.lnvestors and their Investments must make the environmental and social impact assessments: (a) public; and [bJ accessible to the local communities, or ot]er areas with potentially affected interests, in an effective and 18 sufficiently timely manner so as to allow comments to be made to the Investor, Investnent and/or government prior to the completion of the Host state processes for establishing an Investment S.lnvestors, their Investnents and the Host State authorities must apply the precautionary principle to their environmental impact assessment and to decisions taken in relation to a proposed investmen! including any necessary mitigating or alternative approaches to the Investment, or precluding the Investsnent if necessary. The application of the precautionary principle by Investors and Investments must be described in the environmental impact assessmenl - 17 Verify source ↗
Article 17
AI-assisted research summary: Investors and their investments must maintain environmental management systems, prepare and update emergency response and decommissioning plans, keep a closure fund, and include continual environmental improvement measures.
ARTICLE 17 Environmental Management and lmprovement l.lnvestors and their InvesEnents musL in keeping with good practice requirements relating to the size and nature of the Investment, and as required under the domestic laws of the Host State, maintain an environmental management system consistent with recognised international environmental management standards and good business practice standards. 2.Investors and their Investments must develop, regularly review, and update plans for emergency response and decommissioning in the environmental management system process, and make such plans accessible to the Host State and the public. 3.lnvestors and their Investments must establish and maintain a closure fund to ensure that resources are available to implement the decommissioning plan in accordance with good industry practice for such funds. 4.lnvestors and their Investments must ensure that their environmental management plans include provision for the 19 of environmental management continued improvement technologies and practices over the life of the Investrnent Such improvements must be consistent with applicable laws, but strive to exceed legally applicable standards and always maintain high levels of environmental performance consistent with best industry practice. - 18 Verify source ↗
Article 18
AI-assisted research summary: Investors must give required information to a Host State, and must not provide false or misleading information. Host States may disclose some information publicly but must protect confidential business information.
ARTICLE 18 Provision of Information 1.An Investor must provide such information to an actual or potential Host State as that Party may require concerning the Investrnent in question and the corporate history and practices of the Investor, for purposes of decision making in relation to tlat Investnent or solely for statistical purposes. 2.The actual or potential Host State has the right to obtain timely and accurate information in this regard. An Investor must not commit fraud or provide false or misleading information provided in accordance with this Article. 3.The actual or potential Host State may make such information available to the public in the location where the Investment is to be located, subject to other applicable law and the redaction of confidential business information. The Host State must protect any confidential business information from any disclosure that would preiudice the competitive position of the Investor or the Investnent 4.Nothing in this Article rnay be construed to prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its domestic law or in connection with disputes between tle Investor and the State regarding the Investment 5.A material breach of this Article by an Investor or an Investment is deemed to constitute a failure on the part of the Investor to establish, 20 acquire or conduct, as the case may be, the Investrnent in accordance with the Iaws of the Host State. PART IV: GENERAL PROVISIONS ARTICI^E 19 Cooperation in promodon of investnrent (11 The Parties shall cooperate in the promotion of investsnent by their Investors into the territory of the other Party. Such cooperation may include ioint inveshnent promotion events, tours with industrial leaders and investors, technolory promotiorl and other measures designed to promote investnenL (2-) The Parties shall exchange information with respect to the investment opportunities, laws and regulations for foreign investors in their territories. (31 The Parties may provide Investment financing and Investnent guarantee facilities for Investors from their State into the territory ofthe other Party. Such facilities shall, ifused, promote compliance with the obligations of Investors set forth in this Agreement. - 20 Verify source ↗
Article 20
AI-assisted research summary: Each Party must promptly publish key laws, regulations, and relevant international agreements, and should try to publish related policies and guidance too.
ARTICLE 20 Transparency of inveshent informadon (11 Each Party shall promptly publish, or otherwise make publicly available, its laws and regulations of general application as well as international agreements that may affect t}re Investments of Investors of the other Party. (2) Each Party shall endeavour to prompdy publish, or otherwise make publicly availablg its policies and adminisEative guidelines or procedures that may affect investnent under this Agreement t3l Nothing in this Agreement shall require a Party to furnish or allow access to any confidential or proprietary information, including information concerning particular Investors or Investnents, the disclosure of which would impede law enforcement or be contrary to its domestic laws protecting confi dentiality. t4l This Article is not subiect to the investor-state dispute settlement process. - 21 Verify source ↗
Article 21
AI-assisted research summary: A Contracting Party must allow certain investors’ personnel from the other Contracting Party to enter and stay in its territory for investment-related activities, subject to its non-citizen entry and stay laws.
ARTICLE 21 Entry and Soiourn of Personnel A Contracting Party shall, subiect to its laws and regulations relating to the enEy and soiourn of non-citizens, permit natural persons of the other Contracting Party and other persons appointed or employed by investors ofthe other Contracting Party to enter and remain in its territory for the purpose of engaging in activities connected with investments. - 22 Verify source ↗
Article 22
AI-assisted research summary: More favorable treatment for investors applies when domestic law, international obligations, contracts, or agreements give it.
ARTICLE 22: More Favorable Provisions 1.If the domestic law of either Contracting Party, or obligations under international law existing at present or established hereafter between the Contacting Parties in addition to this Agreement contains a provision, whether general or specifig entitling investments by investors of the other Contracting Party to a treatment more favorable than is provided for by this Agreement such provision shall, to the extent that it is more favorable to an investor, prevail over this Agreement. 2.Whenever the treatment accorded by one Contracting Party to the investors of the other Contracting Party, according to its laws and regulations or other provisions of specific conhact or agreement is more favorable than that provided under this agreement, the most favorable treatment shall aPPlY. PARTV - DISPUTE SETTLEMENT ARTTCLE 23 Disputes between a Party and an Investor of dre Otter Party 1.Any juridical dispute under the provisions of this Agreement arising directly from an investnent between one Party and an investor of the other Party shall be settled amicably among themselves. 2.If such disputes cannot be settled according to the provisions of paragraph (1J of this Article within three months from the date of request in writing for settlement, the investor concerned may submit at his preference the dispute settlement to: a) the competent court ofthe host Party for decision; or b) MauritiuslnternationalArbitrationCenhe['LCIA-MIAC'); 3. The arbitration hearing will be: a. administered by Mauritius International Arbitration Centre ('LCIA-MIAC'); b. held in Port Louis, Mauritius; c. d. held in accordance with the UNCITML Rules conducted in the English or French language; - 24 Verify source ↗
Article 24
AI-assisted research summary: The parties must try in good faith to settle disputes through consultations and negotiations, and the article sets out how arbitration is started and run if that fails.
ARTICLE 24 Settlementof Disputes between the Parties 1.The nlro Parties shall strive with good faith and mutual cooperation to reach a fair and quick settlement of any dispute arising between them concerning interpretation or application of this Agreement. In this connection the two Parties hereby agree to enter into consultations and direct objective negotiations to reach such settlement. If the disagreement has not been settled within a period of six months from the date on which certain negotiations and consultations were requested in writing then, unless the parties 23 agree otlerwise it may be submitted at the request of either Party to an Arbitral Tribunal composed of three members. 2.Arbikation proceeding will be considered initiated upon written notice delivered by one party (herein referred to as requesting party) to the other party (herein referred to as respondent party) through diplomatic channels. Such notice must contain a statement setting forth tl,e provisions of this agreement alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations, the requesting part5/s intention to initiate proceedings under tltis sections and the name ofthe arbitrator appointed by such requesting party. 3.Within a period of two months from the date of receiving the said request each Party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint within a period of three months and with the approval of both Contracting Parties the third arbitrator from a third country as Chairman of tJre Tribunal. 4.lf within the periods specified in paragraph [2J of this Article the necessary appointrnents have not been made, either Party may, in the absence of any other agreement, The International Center for Settlement of Invesunent Dispute shall any necessary appointrrents. If the President is a national of either ParW or otlerwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments' Ifthe Vice-President is a national ofeither ParW or ifhe too is prevented from discharging t}le said function, the Member of the International Court of |ustice next in seniority who is not a national of either Party shall be invited to make the necessary appointments. S.The Arbitral Tribunal shall reach its decisions by a maiority of votes. Such decisions shall be final and binding on both Parties. Each Party shall bear the cost of its own member of the Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal Parts by the Parties' The tribunal shall determine its own procedures' 5.The venue of Arbitation shall be in Port Louis, Mauritius; 24 t- 7.All claims shall be submitted and all hearing session shall be completed within a period of six months from the date the third member is appointed, unless otherwise agreed. The Tribunal shall issue its decision within two months from the date of submitting the final claims or the date of closing the general sessions, whichever is later. 8.The Arbitral Tribunal shall rule on the basis of the provisions of this Agreement and of the rules and principles of International Law. The ruling of the Tribunal shall be by maiority of votes. Such award shall be final and binding on both Contracting Parties. PART IV: FINAL PROVISIONS - 25 Verify source ↗
Article 25
AI-assisted research summary: The Parties must meet every five years to review how the Agreement is working and may adopt joint measures to improve it or clarify its provisions.
ARTICLE 25 Periodic review of this agreement 1.The Parties shall meet every five years after the entry into force of this Agreement to review its operation and effectiveness, including the levels of investment between the Parties. 2.The Parties may adopt joint measures in order to improve the effectiveness or clarify the provisions of this Agreement ARTTCTE 26 Denial ofbenefits Subject to prior notification and consultatio& a Party may deny the benefits ofthis Agreement to an investor ofthe other Party that is an enterprise of such Party and to investrnents of such an investor where the denying Party establishes that the enterprise is owned or controlled by persons ofa non-Parf, or of the denying Party, and has no substantive business operations in the territory of the other Party. - 27 Verify source ↗
Article 27
AI-assisted research summary: This article says the Agreement, and any amendments, take effect when the last written notification is received after the Parties complete their required internal legal procedures.
ARTICLE 27 Entry into force This AgreemenL or any amendments thereof, shall enter into force on the date of receipt of the last written notification from either 25 Contacting Party through which they noti$ each other, through diplomatic channel, of the completion of their internal legal procedures required for the entry into force of this Agreement or its amendments. - 28 Verify source ↗
Article 28
AI-assisted research summary: The Agreement may be amended only by written agreement between the two Contracting Parties.
ARTICLE 28 funendment This Agreement may be amended by written agreement between the two Contracting Parties. - 29 Verify source ↗
Article 29
AI-assisted research summary: The agreement lasts 10 years, renews for similar periods, and either Contracting Party may terminate it by written notice given one year before expiry.
ARTICLE 29 Duration and Termination 1.This Agreement shall remain in force for a period of ten (10J years and shall continue in force thereafter for similar period or periods, unless, one (1] year before ttre expiration of the initial or any subsequent period, either Contracting Party notifies the other Contacting Party in writing of its intention to terminate the Agreement The notice of termination shall become effective one year after it has been received by the other Contracting Party. With respect to investments made prior to the date when the notice of denunciation of this Agreement become effective, the provisions of this Agreement shall continue to be effective for a period of ten (10) years from the date of denunciation of this Agreement 26 IN WITNESS WHEREOF, the undersigned duly authorized thereto by their respective Governments, have signed this Agreement Thislgreement has been done and signed in the city of Bangui on t5t( t\Ohden two of the original versions in French and English Ianguages and all texs being equally authentic. FOR THE GOVERNMENT OF FOR THE GOVERN}IENT OF Mahamat SoTaya HAKUZYAREMYE Minister of Trade and lndustry 27 Bibonywe kugira ngo bishyirwe ku mugereka w’Iteka rya Perezida no 113/01 ryo ku wa 10/11/2021 ryemeza burundu Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Repubulika ya Santarafurika, yerekeye guteza imbere no kurengera ishoramari, yashyiriweho umukono i Bangui, ku wa 15 Ukwakira 2019 Seen to be annexed to Presidential Order no 113/01 of 10/11/2021 ratifying the Agreement between the Government of the Republic of Rwanda and the the Central African Government of Republic, and the promotion on protection of investments, signed at Bangui, on 15 October 2019 Vu pour être annexé à l’Arrêté Présidentiel no 113/01 du 10/11/2021 portant ratification de l’accord entre le Gouvernement de la République du Rwanda et le Gouvernement de la République Centrafricaine, sur la des promotion protection la investissements, signé à Bangui, le 15 octobre 2019 et Official Gazette n° Special of 12/11/2021178 Kigali, 10/11/2021 (sé) KAGAME Paul Perezida wa Repubulika President of the Republic Président de la République (sé) Dr NGIRENTE Edouard Minisitiri w’Intebe Prime Minister Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika: Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République : (sé) Dr UGIRASHEBUJA Emmanuel Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta Minister of Justice and Attorney General Ministre de la Justice et Garde des Sceaux Official Gazette n° Special of 12/11/2021179
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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC, ON THE PROMOTION AND PROTECTION OF INVESTMENTS, SIGNED AT BANGUI, ON 15 OCTOBER 2019
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