Agreement between the Government of the United Mexican States and the Government of the Kingdom of Sweden concerning the promotion and reciprocal protection of investments

Coming into Force01 July 2001
CitationUNTS v. 2160 (p.3)
Date of Conclusion03 October 2000
Registration Date21 September 2001
Registration Number37747
Subject TermsInvestments
Type of DocumentBilateral
ParticipantsMéxico,Suecia
Party Submitting the Application for RegistrationMexico
No.
37747
Mexico
and
Sweden
Agreement
between
the
Government
of
the
United Mexican
States and
the
Government
of
the
Kingdom of
Sweden
concerning
the
promotion
and
reciprocal
protection
of investments
(with
protocol).
Stockholm,
3
October
2000
Entry
into
force:
I
July
2001
by
notification,
in
accordance
with
article
21
Authentic
texts:
English,
Spanish
and
Swedish
Registration
with
the
Secretariat
of
the
United
Nations:
Mexico,
21
September
2001
Mexique
et
Sude
Accord
entre
le
Gouvernement
des
Etats-Unis
du
Mexique
et
le
Gouvernement
du
Royaume
de
Suede
concernant
la
promotion
et
la
protection
r~eiproque
des
investissements
(avec
protocole). Stockholm,
3
octobre
2000
Entree
en
vigueur
:
lerjuillet
2001
par
notification,
conform~ment
c
Particle
21
Textes
authentiques
:
anglais,
espagnol
et
suidois
Enregistrement
aupr6s
du
Secreariat
des
Nations
Unies
:
Mexique,
21
septembre
2001
Volume
2160,
1-37747
[ENGLISH
TEXT
-TEXTE
ANGLAIS]
AGREEMENT
BETWEEN
THE
GOVERNMENT
OF
THE
UNITED
MEXI-
CAN
STATES AND
THE
GOVERNMENT
OF
THE
KINGDOM
OF
SWE-
DEN
CONCERNING
THE
PROMOTION AND
RECIPROCAL
PROTECTION
OF
INVESTMENTS
The
Government
of
the
United Mexican States
and
the
Government
of
the
Kingdom
of
Sweden,
Desiring
to
intensify
economic cooperation
to
the
mutual
benefit
of
both
Countries
and
to
maintain
fair
and
equitable
conditions
for
investments
by
investors
of
one
Contracting
Party
in
the
territory
of
the other
Contracting
Party,
Recognizing that
the
promotion
and
reciprocal
protection
of
such
investment
favour
the
expansion
of
the
economic
relations between
the
two
Contracting
Parties
and
stimulate
investment
initiatives,
Have
agreed
as
follows:
Chapter
One:
General
Provisions
Article
1.
Definitions
For
the
purposes
of
this
Agreement:
1.
"investment"
shall mean
any kind
of
asset
owned or
controlled, directly
or
indirect-
ly,
by
an
investor
of
one
Contracting
Party
in
the
territory
of
the
other
Contracting
Party,
and shall
include
in
particular,
though
not
exclusively:
a) an
enterprise,
constituted
or
organised
under
the
laws
of
the
latter
Contracting
Par-
ty;
b)
shares and
other
kinds
of
interest
in
an
enterprise;
c)
claims
to
money,
to
other assets
or
to
any
performance having
an
economic
value
except
for:
i)
claims
to
money
that
arise
solely
from
commercial contracts
for
the
sale
of
good
or
services;
ii)
the
extension
of
a
credit
in
connection
with
a
commercial
transaction,
such
as
trade
financing;
iii)
credits
with
a
maturity
of
less
than
three years,
by
a
natural or
legal
person
in the
territory
of
a
Contracting
Party
to
a
natural
or legal
person
in
the
territory
of
the
other
Con-
tracting
Party.
However,
the
exception
concerning
credits
with
a
maturity
of
less
than
three
years
and the
extension
of
a
credit
in
connection
with
a
commercial
transaction,
such
as
trade
financing,
shall
not
apply
to
credits granted
by an
investor
of
a
Contracting
Party
to
an
enterprise
constituted
or organised
under
the
laws
of
the
other
Contracting
Party,
that
is
its
investments.
Volume
2160,
1-37747
d)
intellectual
property rights, technical
processes,
trade
names,
know-how
and
good-
will;
e)
interests
arising
from
the
commitment
of
capital or
other
resources
in
the
territory
of
a
Contracting
Party
to
econonic
activity
in
such
territory,
such
as
under
i)
contracts
involving
the
presence
of
an
investor's
property
in
the
territory
of
the
Contracting
Party.
including
leasing,
turnkey
or
construction
contracts,
or concessions,
or
ii)
contracts
where
remuneration
depends
substantially
on
the
production,
revenues
or
profits
of
an
enterprise;
f)
any
other
movable
and
immovable
property, acquired
or
used
for
economic
benefit
or
other
business purposes,
as
well
as
any
other
property rights,
such
as
mortgages,
liens.,
pledges,
usufructs,
leases
and
similar
rights.
A
change in
the
form
in
which
assets
are
invested
does
not
affect their
character
as
in-
vestments,
provided
that
the
result
of
such
a
change
is
covered
by
the
definition
of
invest-
ment.
Returns
of
an
investment
shall
be
given
the
same
treatment
and
protection
as an
investment.
A
payment
obligation
from, or
the
granting
of
a
credit
to
a
Contracting
Party
or
to
a
state
enterprise
is
not
considered
an
investment.
2."investor"
shall
mean
with
regard
of
a
Contracting
Party:
a)
any
natural
person
who
is
a
national
of
a
Contracting
Party
in
accordance
with
the
laws
of
that
Contracting
Party;
and
b)
legal
persons
constituted
under
the
laws
of
that
Contracting
Party,
making
an
in-
vestment
in
the
territory
of
the
other
Contracting
Party.
3.
"returns"
shall
mean
the
amounts
yielded
by
an
investment
and
in
particular,
though
not
exclusively,
include
profit,
interest,
capital
gains,
dividends,
royalties
or
fees.
4.
"territory"
shall
mean
the
land
territory,
the
internal
water
and
the
territorial
sea
of
each
Contracting
Party
as
well
as
the
exclusive
economic
zone,
the
seabed and
subsoil,
over
which
the
Contracting
Party
exercises,
in
accordance
with
international
law,
sovereign
rights
or
jurisdiction.
Article
2.
Promotion
and
Protection
of
investments
1.
Each
Contracting
Party
shall,
subject
to
its general
policy
in the
field
of
foreign
in-
vestment,
promote
in
its
territory
investments
by
investors
of
the
other
Contracting
Party
and
shall
admit
such
investments
in
accordance
with
its
legislation.
2.
Each
Contracting
Party
shall, subject
to
its
laws
and
regulations
relating
to
the
entry,
stay and
work
of
a
natural
person,
examine in
good
faith
and
give
sympathetic
consider-
ation
to
requests
by investors
of
the
other
Contracting
Party
and
key
personnel
who
are
em-
ployed
by
such
investors
including
family
members,
to enter, leave
and
remain
in
its
territory
for
the
purpose
of
carrying
out
activities
connected
with
the
making
or
the
man-
agement,
use,
enjoyment
or
disposal
of
an
investment.
3.
Investment by
investors
of
a Contracting
Party
shall
at
all
times
be
accorded
fair
and
equitable
treatment in
accordance
with
the
relevant
international
standards
under
Interna-

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