Agreement between the United Mexican States and the Republic of Austria on the promotion and protection of investments
| Coming into Force | 26 March 2001 |
| Subject Terms | Investments |
| Date of Conclusion | 29 June 1998 |
| Registration Date | 21 September 2001 |
| Registration Number | 37748 |
| Type of Document | Bilateral |
| Participants | Austria,México |
| Party Submitting the Application for Registration | Mexico |
No.
37748
Mexico
and
Austria
Agreement
between
the
United
Mexican
States
and the
Republic
of Austria
on
the
promotion
and
protection
of
investments
(with
protocol).
Vienna,
29
June
1998
Entry
into
force:
26
March
2001
hy
notification.
in accordance
with
article
29
Authentic
texts:
English, German
and
Spanish
Registration
with
the
Secretariat
of
the
United
Nations:
Mexico,
21
September
2001
Mexique
et
Autriche
Accord
entre
les
Etats-Unis
du
Mexique
et
la
R6publique
d'Autriche
concernant
la
promotion
et ]a
protection
des
investissements
(avec
protocole).
Vienne,
29
juin
1998
Entree
en
vigueur
:
26
mars
2001
par
notification,
conjbrmement
a
Particle
29
Textes
authentiques
:
anglais, allemand
et
espagnol
Enregistrement
aupr~s
du
Secr6tariat
des
Nations
Unies
:
Mexique,
21
septembre
2001
Volume
2160,
1-37748
[ENGLISH
TEXT -
TEXTE
ANGLAIS]
AGREEMENT BETWEEN
THE
UNITED MEXICAN
STATES
AND
THE
RE-
PUBLIC
OF
AUSTRIA
ON
THE
PROMOTION
AND
PROTECTION
OF
INVESTMENTS
The
Republic
of
Austria
and the
United
Mexican
States,
hereinafter
referred
to
as
"Contracting
Parties";
DESIRING
to
create
favourable
conditions
for
greater economic
co-operation
between
the
Contracting
Parties;
RECOGNIZING
that
the
promotion
and
protection
of
investments
may
strengthen
the
readiness
for
such
investments
and
hereby make
an
important
contribution
to
the
develop-
ment
of
economic relations;
CONSIDERING
that
a
bilateral
agreement
is
aimed
at
granting
and
assuring
equal
treatment
of
investors
of
both
Contracting
Parties
in
accordance
with
the
principles
of
in-
ternational
reciprocity;
HAVING
IN
MIND
that
the
entry
and
the
expansion
of
investments
in
their
territory
by
investors
of
the
other Contracting
Party
are
subject
to
relevant
instruments
of
the OECD
in
the
field
of
international
investments;
HAVE
AGREED
AS
FOLLOWS:
CHAPTER
ONE:
GENERAL
PROVISIONS
ARTICLE
1.
Definitions
For
the
purpose
of
this
Agreement
(1)
"investor
of
a
Contracting
Party"
means:
(a)a
natural
person
having
the
nationality
of
a
Contracting Party
in
accordance
with
its
applicable
law;
or
(b)an
enterprise constituted
or
organised
under
the
applicable
law
of
a
Contracting
Par-
ty;
making
or
having
made
an
investment
in
the
other
Contracting
Party's
territory.
(2)
"investment
by an
investor
of
a
Contracting
Party"
means every
kind
of
asset
in
the
territory
of
one
Contracting
Party,
owned
or
controlled,
directly or
indirectly,
by
an
investor
of
the
other
Contracting
Party,
including:
(a)an
enterprise
constituted
or
organised
under
the
applicable
law
of
the
first
Contract-
ing
Party;
(b)shares,
stocks
and
other
forms
of
equity participation
in
an
enterprise
as
referred
to
in
subparagraph
(a),
and
rights
derived therefrom;
(c)bonds, debentures,
loans
and
other
forms
of
debt
and
rights
derived therefrom;
Volume
2160,
1-37748
(d)rights
under
contracts, including
turnkey,
construction,
management, production
or
revenue-sharing
contracts;
(e)claims
to
money
and
claims
to
performance pursuant
to
a
contract
having
an eco-
nomic
value;
(f)intellectual
and
industrial property
rights
as
defined
in
the
multilateral agreements
concluded under
the
auspices
of
the
World Intellectual Property
Organisation,
including
copyright,
trademarks,
patents,
industrial
designs
and
technical
processes,
know-how,
trade
secrets,
trade
names
and
goodwill;
(g)rights
conferred
by
law
or
contract
such
as
concessions,
licenses,
authorisations
or
permits
to
undertake
an
economic activity;
(h)any
other
tangible
or
intangible,
movable
or
immovable property,
or
any
related
property
rights, such
as
leases,
mortgages,
liens,
pledges
or
usufructs.
Commercial transactions designed exclusively
for
the
sale
of
goods
or
services
and
credits
to
finance
commercial
transactions
with
a
duration
of
less
than
three
years, other
credits
with
a
duration
of
less
than three years,
as
well
as
credits
granted
to
the
State
or
to
a
State
enterprise
are
not
considered
an
investment.
However,
this
shall not
apply
to
credits or
loans
provided
by
an
investor
of
a
Contract-
ing
Party
to
an
enterprise
of
the
other
Contracting
Party
which
is
owned
or
controlled
by
that
investor.
(3)
"enterprise" means
a
legal
person
or
any
entity
constituted
or
organised under
the
applicable
law
of
a
Contracting
Party,
whether
or
not
for
profit,
and
whether
private
or gov-
ernment
owned
or
controlled, including
a
corporation,
trust,
partnership,
sole
proprietor-
ship,
branch,
joint
venture, association
or
organisation.
(4)
"returns"
means
the
amounts yielded
by
an
investment
and,
in
particular,
profits,
interests,
capital
gains,
dividends, royalties,
licence
and
other
fees.
(5)
"territory"
means
with
respect
to
each
Contracting
Party
the land
territory,
internal
waters,
maritime and airspace under
its
sovereignty,
including
the
exclusive economic
zone
and the
continental
shelf
where
the
Contracting
Party
exercises,
in
conformity
with
inter-
national
law,
sovereign
rights
and
jurisdiction.
ARTICLE
2.
Promotion
and
Admission
of
Investments
(1)
Each
Contracting
Party
shall,
according
to its
laws
and
regulations,
promote
and
admit
investments
by
investors
of
the
other Contracting
Party.
(2)
The
legal
extension,
alteration or
transformation
of
an
investment
is
to
be
consid-
ered
a
new
investment.
ARTICLE
3.
Treatment
and
Protection
of
Investments
(1)
Each
Contracting
Party shall
accord
to
investors
of
the
other
Contracting
Party
and
to
their
investments fair
and
equitable
treatment
and
full
and
constant protection
and
secu-
rity.
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