Agreement for the promotion and protection of investments

• Coming into Force: 11 May 1995
• Citation: UNTS v. 1913
• Date of Conclusion: 30 January 1995
• Registration Date: 23 February 1996
• Registration Number: 32657
• Subject Terms: Investments
• Type of Document: Bilateral
• Participants: Cuba,United Kingdom of Great Britain and Northern Ireland
• Party Submitting the Application for Registration: United Kingdom of Great Britain and Northern Ireland

No.

32657

UNITED

KINGDOM

OF

GREAT

BRITAIN

AND

NORTHERN

IRELAND

and

CUBA

Agreement

for

the

promotion and

protection of

investments.

Signed

at

London

on

30

January

1995

Authentic

texts:

English

and

Spanish.

Registered

by

the

United

Kingdom

of

Great

Britain

and

Northern

Ireland

on

23

February

1996.

ROYAUME-UNI

DE

GRANDE-BRETAGNE

ET

D'IRLANDE

DU

NORD

et

CUBA

Accord

pour

la

promotion

et la

protection

des

investisse-

ments.

Signe

'

Londres

le

30

janvier

1995

Textes

authentiques

:

anglais

et

espagnol.

Enregistrj

par

le

Royaume-Uni

de

Grande-Bretagne

et

d'Irlande

du

Nord

le

23

fevrier

1996.

Vol.

1913,

1-32657

328

United

Nations

-

Treaty

Series

9

Nations

Unies

-Recueil

des

Trait6s

1996

AGREEMENT'

BETWEEN

THE

GOVERNMENT

OF

THE

UNITED

KINGDOM

OF

GREAT

BRITAIN

AND

NORTHERN

IRELAND

AND

THE

GOVERNMENT

OF

THE REPUBLIC

OF CUBA

FOR

THE

PROMOTION AND

PROTECTION

OF

INVESTMENTS

The

Government

of

the

United

Kingdom

of

Great

Britain

and

Northern

Ireland

and

the

Government

of

the

Republic

of

Cuba;

Desiring

to

create

favourable

conditions

for

greater investment

by

nationals

and

companies

of

one

State

in

the

territory

of

the

other

State;

Recognising

that

the

encouragement and

reciprocal

protection

under

international

agreement

of

such

investments

will

contribute

to

the

stimulation

of

business

initiative

and

will

increase

prosperity

in

both

States;

Have agreed

as

follows:

ARTICLE

1

Definitions

For

the

purposes

of

this

Agreement:

(a)

"investment"

means

every

kind

of

asset

and

in

particular, though

not

exclusively,

includes:

(i)

movable

and

immovable

property

and

any

other

property

rights

such

as

mortgages,

liens

or

pledges;

(ii)

shares

in

and

stock and

debentures

of

a

company

and

any

other

form

of

participation

in

a

company;

(iii)

claims

to money

or

to

any

performance -under

contract

having

a

financial

value;

(iv)

intellectual

property

rights,

goodwill,

technical processes

and

know-how;

(v)

business

concessions

conferred

by

law

or

under

contract,

including concessions

to

search

for,

cultivate, extract

or

exploit

natural

resources.

A

change

in

the form

in

which

assets

are

invested shall

not

affect

their

character

as

investments

and

the

term "investment"

includes

all

investments,

both

those

made

prior

to the

date

of

entry

into

force

of

this

Agreement

provided they

are

operating

lawfully

at

that

date,

and

those

made

thereafter;

(b)

"returns"

means

the

amounts

yielded

by

an

investment

and

in

particular,

though

not

exclusively,

includes

profit,

interest,

capital

gains,

dividends,

royalties

and

fees;

(c)

"nationals"

means:

(i)

in

respect

of

the

United

Kingdom:

physical

persons deriving

their

status

as

United

Kingdom nationals

from

the

law in

force

in

the

United

Kingdom;

I

Came

into

force

on

11

May

1995,

the

date of

the

last of

the

notifications

by

which

the

Contracting

Parties

informed

each

other

of

the completion

of

their

constitutional

formalities,

in

accordance

with

article

13.

Vol.

1913,

1-32657