Agreement on the promotion and protection of investments (with annexes and protocol).
| Coming into Force | 02 February 1997 |
| Subject Terms | Investments |
| Date of Conclusion | 07 December 1995 |
| Registration Date | 01 August 1997 |
| Registration Number | 33961 |
| Type of Document | Bilateral |
| Participants | Australia,Perú |
| Party Submitting the Application for Registration | Australia |
No.
33961
AUSTRALIA
and
PERU
Agreement
on
the
promotion
and
protection
of
investments
(with
annexes
and
protocol).
Signed
at
Lima
on
7
De-
cember
1995
Authentic
texts:
English
and
Spanish.
Registered
by
Australia
on
1
August
1997.
AUSTRALIE
et
PEROU
Accord
relatif
'a
la
promotion
et
'a
la
protection
des
investisse-
ments
(avec
annexes
et
protocole).
Signe
it
Lima
le
7
d6-
cembre
1995
Textes
authentiques
:
anglais et
espagnol.
Enregistri
par
l'Australie
le
jer
aoit
1997.
Vol.
1985,
1-33961
212
United
Nations
-
Treaty
Series
*
Nations
Unies
-
Recueil
des
Traitis
1997
AGREEMENT'
BETWEEN
AUSTRALIA
AND
THE
REPUBLIC
OF
PERU
ON
THE
PROMOTION
AND
PROTECTION
OF
IN-
VESTMENTS
AUSTRALIA
AND
THE REPUBLIC
OF
PERU
("the Parties"),
RECOGNISING
the importance
of
promoting
the flow
of
capital
for economic
activity
and
development
and aware
of
its
role in expanding
economic
relations
and
technical
co-operation between
them, particularly
with respect
to
investment
by
investors
of
one
Party
in
the
territory
of
the
other
Party;
CONSIDERING
that
investment relations
should
be
promoted
and
economic
co-
operation strengthened
in
accordance
with the
internationally
accepted
principles
of
mutual
respect
for
sovereignty,
equality, mutual benefit, non-discrimination and
mutual
confidence;
ACKNOWLEDGING
that investments
of
investors
of
one
Party
in
the territory
of
the
other
Party
would
be
made
within
the
framework
of
the
laws
of
that
other
Party;
and
RECOGNISING
that
pursuit
of
these objectives would
be
facilitated
by
a
clear
statement
of
principles
relating
to
the
protection
of
investments,
combined with
rules
designed
to
render
more effective
the
application
of
these
principles
within
the
territories
of
the Parties,
HAVE
AGREED
as
follows:
Article
I
Definitions
I.
For
the
purposes
of
this
Agreement:
(a) "investment"
means every kind
of
asset,
owned
or
controlled
by
investors
of
one
Party
and admitted
by
the
other
Party subject
to
its
law and
investment
policies applicable
from time
to
time
and
includes:
(i)
tangible
and
intangible
property,
including
rights
such
as
mortgages,
liens and
other
pledges,
(ii)
shares,
stocks,
bonds
and
debentures
and
any
other
form
of
participation
in
a
company,
'Came
into force
on
2
February
1997
by
notification,
in
accordance
with
article
16.
Vol.
1985,
1-33961
1997
United
Nations
-
Treaty
Series
*
Nations
Unies
-
Recueil
des
Traitis
213
(iii)
a loan
or
other
claim
to
money or
a
claim
to
performance
having
economic
value,
(iv)
intellectual
and
industrial
property
rights, including
rights
with
respect
to
copyright,
patents,
trademarks,
trade
names,
industrial
designs,
trade
secrets,
know-how
and
goodwill,
(v)
business
concessions
and any
other rights required
to
conduct
economic
activity
and
having
economic
value
conferred
by
law
or
under
a
contract,
including rights
to
engage
in
agriculture,
forestry,
fisheries
and
animal
husbandry,
to
search for,
extract
or
exploit
natural
resources
and to
manufacture,
use
and
sell
products,
and
(vi)
activities
associated
with
investments, such
as
the
organisation
and operation
of
business
facilities,
the
acquisition,
exercise
and
disposition
of
property
rights,
the
raising
of
funds and
the
purchase
and
sale
of
foreign
exchange;
(b)
"return"
means
an
amount
yielded
by
or
derived
from
an
investment,
including
profits, dividends,
interest,
capital
gains, royalty
payments,
management
or
technical
assistance fees,
payments
in
connection
with
intellectual
property
rights,
and
all
other
lawful income;
(c)
"investor"
of
a
Party
means:
(i)
a
company;
or
(ii)
a natural
person
who
is
a
citizen
or
permanent resident
of
a
Party;
(d)
"1company"
means
any
corporation, association,
partnership,
trust
or
other
legally
recognised
entity that
is
duly
incorporated,
constituted,
set
up,
or
otherwise
duly
organised:
(i)
under the
law
of
a
Party;
or
(ii)
under the
law
of
a
third country and
is
owned
or
controlled
by an
entity
described
in
paragraph
1
(d)(i)
of
this
Article
or
by
a
natural person
who
is
a
citizen
or
permanent
resident
of
a
Party;
regardless
of
whether
or
not
the
entity
is
organised for pecuniary gain,
privately
or
otherwise owned, or
organised
with limited
or
unlimited
liability;
Vol.
1985,
1-33961
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