文档介绍:Agreement between the Government of the People’s Republic of China and the Swiss Federal Council on the Promotion and Reciprocal Protection of Investments
文章来源:Department of Law & Treaty,
2010-04-20 17:02
文章类型:原创内容分类:政策
Preamble
The Government of the People’s Republic of China and the Swiss Federal Council,
Desiring to intensify economic cooperation to the mutual benefit of both States,
Intending to create and maintain favourable conditions for investments by investors of one Contracting Party in the territory of the other Contracting Party,
Recognizing the need to promote and protect foreign investments with the aim to foster the economic prosperity of both States,
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement:
(1) The term "investment" shall include every kind of asset, and in particular:
(a) movable and immovable property as well as any other rights in rem, such as servitudes, mortgages, liens, pledges and usufructs;
(b) shares, parts or any other kind of participation panies;
(c) claims to money or to any performance having an economic value;
(d) copyrights, industrial property rights (such as patents, utility models, industrial designs or models, trade or service marks, trade names, indications of origin), know-how and goodwill;
(e) business concessions under public law, including concessions to search for, extract or exploit natural resources as well as all other rights given by law, by contract or by decision of the authority in accordance with the law.
(2) The term "investor" refers with regard to either Contracting Party to:
(a) natural persons who, according to the law of that Contracting Party, are considered to be its nationals;
(b) legal entities, panies, corporations, business associations and anizations, which are constituted or otherwise anized under the law of that Contracting Party and have their seat, together with real economic activities, in the territory of the same