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Butler
Ukraine BIT
1999-07-26T10:06:02Z
Microsoft Word 8.0
2013-11-06T10:52:26+01:00
2013-11-06T10:52:26+01:00
Acrobat Distiller 3.0 for Windows
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(registration procedures, taxation, labor regulations,)Tj
0 -1.07 TD
(accounting standards, and access to credit.)Tj
-3 -2.14 TD
[(--)-1800(A notification procedure on proposed regulatory or legal)]TJ
3 -1.07 TD
(changes affecting investors with circulation of notices)Tj
T*
(on regulatory changes put into force.)Tj
-3 -2.14 TD
[(--)-1800(Coordination with Ukraine Government agencies at the)]TJ
3 -1.07 TD
(national and local level to facilitate investment and)Tj
T*
(resolve disputes.)Tj
-3 -2.14 TD
[(--)-1800(Identification and dissemination of information on)]TJ
3 -1.07 TD
(investment projects and their sources of finance.)Tj
-3 -2.14 TD
[(--)-1800(Assistance to investors experiencing difficulties with)]TJ
3 -1.07 TD
(repatriating profits and obtaining foreign exchange.)Tj
-5.4 -3.21 TD
(His Excellency)Tj
0 -1.07 TD
(Roman Shpek)Tj
T*
(Minister of Economy of Ukraine)Tj
0 -2.14 TD
(I understand that the offices designated by the Government of)Tj
0 -1.07 TD
(Ukraine to assist U.S. nationals and companies in accordance with)Tj
T*
(this letter are the Administration for Investment Cooperation of)Tj
T*
(the Ministry of Foreign Economic Relations of Ukraine and the)Tj
T*
(Department of Foreign Investments and Credits of the Ministry of)Tj
T*
(the Economy of Ukraine.)Tj
0 -2.14 TD
(I have the honor to propose that this understanding be treated as)Tj
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(an integral part of the Treaty.)Tj
0 -2.14 TD
(I would be grateful if you would confirm that this understanding)Tj
0 -1.07 TD
(is shared by your government.")Tj
0 -2.14 TD
(I have the further honor to confirm that this understanding is)Tj
0 -1.07 TD
(shared by my Government and constitutes an integral part of the)Tj
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(Treaty.)Tj
21 -3.21 TD
(Sincerely,)Tj
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(Rufus Yerxa)Tj
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[(--)-1800(assistance to investors experiencing difficulties with)]TJ
3 -1.07 TD
(repatriating profits and obtaining foreign exchange.)Tj
-3 -2.14 TD
(I understand that the Offices designated by the Government of)Tj
-2.4 -1.07 TD
(Ukraine to assist U.S. nationals and companies in accordance with)Tj
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(this letter are the Administration for Investment Cooperation of)Tj
T*
(the Ministry of Foreign Economic Relations of Ukraine and the)Tj
T*
(Department of Foreign Investments and Credits of the Ministry of)Tj
T*
(the Economy of Ukraine.)Tj
2.4 -2.14 TD
(I have the honor to propose that this understanding be)Tj
-2.4 -1.07 TD
(treated as an integral part of the Treaty.)Tj
2.4 -2.14 TD
(I would be grateful if you would confirm that this)Tj
-2.4 -1.07 TD
(understanding is shared by your Government.)Tj
0 -2.14 TD
( Sincerely,)Tj
T*
( Roman Shpek)Tj
0 -1.07 TD
( Minister of Economy of Ukraine)Tj
/F1 1 Tf
7.2 -4.39 TD
(DEPUTY UNITED STATES TRADE REPRESENTATIVE)Tj
2.4 -1.14 TD
(EXECUTIVE OFFICE OF THE PRESIDENT)Tj
/F2 1 Tf
3.3 -1.1 TD
(WASHINGTON, D.C. 20506)Tj
-12.9 -3.21 TD
( March 4, 1996)Tj
0 -2.14 TD
(Dear Mr. Minister:)Tj
T*
(I have the honor to confirm receipt of your letter which reads as)Tj
0 -1.07 TD
(follows:)Tj
0 -2.14 TD
("I have the honor to confirm the following understanding which)Tj
0 -1.07 TD
(was reached between the Government of the United States of)Tj
T*
(America and the Government of Ukraine in the course of)Tj
T*
(negotiations of the Treaty Concerning the Encouragement and)Tj
T*
(Reciprocal Protection of Investment \(the "Treaty"\):)Tj
0 -2.14 TD
(The Government of Ukraine agrees to designate an office to assist)Tj
0 -1.07 TD
(U.S. nationals and companies in deriving the full benefits of the)Tj
T*
(Treaty in connection with their investment and related)Tj
T*
(activities.)Tj
0 -2.14 TD
[(--)-1200(The office will serve as the coordinator and problem solver)]TJ
2.4 -1.07 TD
(for investors experiencing difficulties with registration,)Tj
T*
(licensing, access to utilities, regulatory and other matters.)Tj
-2.4 -2.14 TD
[(--)-1200(The office will provide the following types of services:)]TJ
2.4 -2.14 TD
[(--)-1800(Information on current national and local)]TJ
3 -1.07 TD
(business/investment regulations, including licensing and)Tj
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(3. Ukraine reserves the right to make or maintain limited)Tj
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(exceptions to national treatment, as provided in Article II,)Tj
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(paragraph 1, in the sectors or matters it has indicated below:)Tj
5.4 -2.14 TD
(production of equipment used exclusively for nuclear)Tj
0 -1.07 TD
(power plants; maritime transportation including ocean)Tj
T*
(and coastal shipping; air transportation; nuclear)Tj
T*
(electric energy generation; privatization of those)Tj
T*
(educational, sports, medical and scientific facilities)Tj
T*
(financed by the national budget; mining of salt; mining)Tj
T*
(and processing of rare earth, and of uranium and other)Tj
T*
(radioactive elements; ownership and operation of)Tj
T*
(television and radio broadcasting stations; and)Tj
T*
(ownership of land.)Tj
/F1 1 Tf
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([TRANSLATION])Tj
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-15.6 -2.17 TD
( March 4, 1994)Tj
0 -2.14 TD
(Dear Mr. Minister:)Tj
2.4 -2.14 TD
(I have the honor to confirm the following understanding which)Tj
-2.4 -1.07 TD
(was reached between the Government of the United States of)Tj
T*
(America and the Government of Ukraine in the course of)Tj
T*
(negotiations of the Treaty Concerning the Encouragement and)Tj
T*
(Reciprocal Protection of Investment \(the "Treaty"\):)Tj
2.4 -2.14 TD
(The Government of Ukraine agrees to designate an Office to)Tj
-2.4 -1.07 TD
(assist U S. nationals and companies in deriving the full benefits)Tj
T*
(of the Treaty in connection with their investment and related)Tj
T*
(activities.)Tj
2.4 -2.14 TD
(The Office will serve as the coordinator and problem solver)Tj
-2.4 -1.07 TD
(for investors experiencing difficulties with registration,)Tj
T*
(licensing, access to utilities, regulatory and other matters.)Tj
2.4 -2.14 TD
(The Office will provide the following types of services:)Tj
T*
[(--)-1800(information on current national and local)]TJ
3 -1.07 TD
(business/investment regulations, including licensing and)Tj
T*
(registration procedures, taxation, labor regulations,)Tj
T*
(accounting standards, and access to credit;)Tj
-3 -2.14 TD
[(--)-1800(a notification procedure on proposed regulatory or legal)]TJ
3 -1.07 TD
(changes affecting investors with circulation of notices)Tj
T*
(on regulatory changes put into force;)Tj
-3 -2.14 TD
[(--)-1800(coordination with Ukraine Government agencies at the)]TJ
3 -1.07 TD
(national and local level to facilitate investment and)Tj
T*
(resolve disputes;)Tj
-3 -2.14 TD
[(--)-1800(identification and dissemination of information on)]TJ
3 -1.07 TD
(investment projects and their sources of finance;)Tj
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(3. With respect to investments made or acquired prior to the)Tj
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(date of termination of this Treaty and to which this Treaty)Tj
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(otherwise applies, the provisions of all of the other Articles of)Tj
T*
(this Treaty shall thereafter continue to be effective for a)Tj
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(further period of ten years from such date of termination.)Tj
2.4 -2.14 TD
(4. The Annex and Side Letter shall form an integral part of)Tj
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(the Treaty.)Tj
2.4 -2.14 TD
(IN WITNESS WHEREOF, the respective plenipotentiaries have)Tj
-2.4 -1.07 TD
(signed this Treaty.)Tj
2.4 -2.14 TD
(DONE in duplicate at Washington, DC on the fourth day of)Tj
-2.4 -1.07 TD
(March, 1994, in the English and Ukrainian languages, both texts)Tj
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(being equally authentic.)Tj
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(FOR THE UNITED STATES FOR UKRAINE:)Tj
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(OF AMERICA:)Tj
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[(|| William Jefferson Clinton || )-1800(|| Leonid Kravchuk ||)]TJ
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18 -4.46 TD
(ANNEX)Tj
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-15.6 -4.31 TD
(1. The United States reserves the right to make or maintain)Tj
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(limited exceptions to national treatment, as provided in Article)Tj
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(II, paragraph 1, in the sectors or matters it has indicated)Tj
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(below:)Tj
5.4 -2.14 TD
(air transportation; ocean and coastal shipping; banking;)Tj
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(insurance; government grants; government insurance and)Tj
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(loan programs; energy and power production; customhouse)Tj
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(brokers; ownership of real property; ownership and)Tj
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(operation of broadcast or common carrier radio and)Tj
T*
(television stations; ownership of shares in the)Tj
T*
(Communications Satellite Corporation; the provision of)Tj
T*
(common carrier telephone and telegraph services; the)Tj
T*
(provision of submarine cable services; use of land and)Tj
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(natural resources; mining on the public domain; maritime)Tj
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(services and maritime-related services; and primary)Tj
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(dealership in United States government securities.)Tj
-3 -2.14 TD
(2. The United States reserves the right to make or maintain)Tj
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(limited exceptions to most favored nation treatment, as provided)Tj
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(in Article II, paragraph 1, in the sectors or matters it has)Tj
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(indicated below:)Tj
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(ownership of real property; mining on the public domain;)Tj
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(maritime services and maritime-related services; and)Tj
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(primary dealership in United States government)Tj
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(securities.)Tj
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(maintenance or restoration of international peace or security, or)Tj
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(the protection of its own essential security interests.)Tj
2.4 -2.14 TD
(2. This Treaty shall not preclude either Party from)Tj
-2.4 -1.07 TD
(prescribing special formalities in connection with the)Tj
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(establishment of investments, but such formalities shall not)Tj
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(impair the substance of any of the rights set forth in this)Tj
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(Treaty.)Tj
/F1 1 Tf
16.8 -3.25 TD
(ARTICLE X)Tj
/F2 1 Tf
-14.4 -2.17 TD
(1. With respect to its tax policies, each Party should)Tj
-2.4 -1.07 TD
(strive to accord fairness and equity in the treatment of)Tj
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(investment of nationals and companies of the other Party.)Tj
2.4 -2.14 TD
(2. Nevertheless, the provisions of this Treaty, and in)Tj
-2.4 -1.07 TD
(particular Articles VI and VII, shall apply to matters of)Tj
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(taxation only with respect to the following:)Tj
5.4 -2.14 TD
(\(a\) expropriation, pursuant to Article III;)Tj
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(\(b\) transfers, pursuant to Article IV; or)Tj
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(\(c\) the observance and enforcement of terms of an)Tj
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(investment agreement or authorization as referred to in Article)Tj
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(VI\(l\) \(a\) or \(b\),)Tj
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(to the extent they are not subject to the dispute settlement)Tj
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(provisions of a Convention for the avoidance of double taxation)Tj
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(between the two Parties, or have been raised under such)Tj
T*
(settlement provisions and are not resolved within a reasonable)Tj
T*
(period of time.)Tj
/F1 1 Tf
16.5 -3.25 TD
(ARTICLE XI)Tj
/F2 1 Tf
-16.5 -2.17 TD
(This Treaty shall apply to the political subdivisions of the)Tj
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(Parties.)Tj
/F1 1 Tf
16.2 -3.39 TD
(ARTICLE XII)Tj
/F2 1 Tf
-13.8 -2.17 TD
(1. This Treaty shall enter into force thirty days after the)Tj
-2.4 -1.07 TD
(date of exchange of instruments of ratification. It shall remain)Tj
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(in force for a period of ten years and shall continue in force)Tj
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(unless terminated in accordance with paragraph 2 of this Article.)Tj
T*
(It shall apply to investments existing at the time of entry into)Tj
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(force as well as to investments made or acquired thereafter.)Tj
2.4 -2.14 TD
(2. Either Party may, by giving one year's written notice to)Tj
-2.4 -1.07 TD
(the other Party, terminate this Treaty at the end of the initial)Tj
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(ten year period or at any time thereafter.)Tj
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(through consultations or other diplomatic channels, shall be)Tj
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(submitted, upon the request of either Party, to an arbitral)Tj
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(tribunal for binding decision in accordance with the applicable)Tj
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(rules of international law. In the absence of an agreement by)Tj
T*
(the Parties to the contrary, the arbitration rules of the United)Tj
T*
(Nations Commission on International Trade Law \(UNCITRAL\), except)Tj
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(to the extent modified by the Parties or by the arbitrators,)Tj
T*
(shall govern.)Tj
2.4 -2.14 TD
(2. Within two months of receipt of a request, each Party)Tj
-2.4 -1.07 TD
(shall appoint an arbitrator. The two arbitrators shall select a)Tj
T*
(third arbitrator as Chairman, who is a national of a third state.)Tj
T*
(The UNCITRAL Rules for appointing members of three-member panels)Tj
T*
(shall apply mutatis mutandis to the appointment of the arbitral)Tj
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158.49 569.01 114.96 -0.36 re
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(panel except that the appointing authority referenced in those)Tj
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(rules shall be the Secretary General of the Centre.)Tj
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(3. Unless otherwise agreed, all submissions shall be made)Tj
-2.4 -1.07 TD
(and all hearings shall be completed within six months of the date)Tj
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(of selection of the third arbitrator, and the Tribunal shall)Tj
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(render its decisions within two months of the date of the final)Tj
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(submissions or the date of the closing of the hearings, whichever)Tj
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(is later.)Tj
2.4 -2.14 TD
(4. Expenses incurred by the Chairman, the other arbitrators,)Tj
-2.4 -1.07 TD
(and other costs of the proceedings shall be paid for equally by)Tj
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(the Parties. The Tribunal may, however, at its discretion,)Tj
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(direct that a higher proportion of the costs be paid by one of)Tj
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(the Parties.)Tj
/F1 1 Tf
15.9 -3.25 TD
(ARTICLE VIII)Tj
/F2 1 Tf
-13.5 -2.17 TD
(This Treaty shall not derogate from:)Tj
3 -2.14 TD
(\(a\) laws and regulations, administrative practices or)Tj
-5.4 -1.07 TD
(procedures, or administrative or adjudicatory decisions of either)Tj
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(Party;)Tj
5.4 -2.14 TD
(\(b\) international legal obligations; or)Tj
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(\(c\) obligations assumed by either Party, including those)Tj
-5.4 -1.07 TD
(contained in an investment agreement or an investment)Tj
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(authorization,)Tj
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(that entitle investments or associated activities to treatment)Tj
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(more favorable than that accorded by this Treaty in like)Tj
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(situations.)Tj
/F1 1 Tf
16.5 -3.32 TD
(ARTICLE IX)Tj
/F2 1 Tf
-14.1 -2.17 TD
(1. This Treaty shall not preclude the application by either)Tj
-2.4 -1.07 TD
(Party of measures necessary for the maintenance of public order,)Tj
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(the fulfillment of its obligations with respect to the)Tj
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(\(iv\) to any other arbitration institution, or in)Tj
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(accordance with any other arbitration rules, as may be)Tj
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(mutually agreed between the parties to the dispute.)Tj
0 -2.14 TD
(\(b\) Once the national or company concerned has so)Tj
-5.4 -1.07 TD
(consented, either party to the dispute may initiate arbitration)Tj
T*
(in accordance with the choice so specified in the consent.)Tj
2.4 -2.14 TD
(4. Each Party hereby consents to the submission of any)Tj
-2.4 -1.07 TD
(investment dispute for settlement by binding arbitration in)Tj
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(accordance with the choice specified in the written consent of)Tj
T*
(the national or company under paragraph 3. Such consent,)Tj
T*
(together with the written consent of the national or company when)Tj
T*
(given under paragraph 3 shall satisfy the requirement for:)Tj
5.4 -2.14 TD
(\(a\) written consent of the parties to the dispute for)Tj
-5.4 -1.07 TD
(purposes of Chapter II of the ICSID Convention \(Jurisdiction of)Tj
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(the Centre\) and for purposes of the Additional Facility Rules;)Tj
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(and)Tj
5.4 -2.14 TD
(\(b\) an "agreement in writing" for purposes of Article II)Tj
-5.4 -1.07 TD
(of the United Nations Convention on the Recognition and)Tj
T*
(Enforcement of Foreign Arbitral Awards, done at New York, June)Tj
T*
(10, 1958 \("New York Convention"\).)Tj
2.4 -2.14 TD
(5. Any arbitration under paragraph 3\(a\)\(ii\), \(iii\) or \(iv\))Tj
-2.4 -1.07 TD
(of this Article shall be held in a state that is a party to the)Tj
T*
(New York Convention.)Tj
2.4 -2.14 TD
(6. Any arbitral award rendered pursuant to this Article)Tj
-2.4 -1.07 TD
(shall be final and binding on the parties to the dispute. Each)Tj
T*
(Party undertakes to carry out without delay the provisions of any)Tj
T*
(such award and to provide in its territory for its enforcement.)Tj
2.4 -2.14 TD
(7. In any proceeding involving an investment dispute, a)Tj
-2.4 -1.07 TD
(Party shall not assert, as a defense, counterclaim, right of set-)Tj
T*
(off or otherwise, that the national or company concerned has)Tj
T*
(received or will receive, pursuant to an insurance or guarantee)Tj
T*
(contract, indemnification or other compensation for all or part)Tj
T*
(of its alleged damages.)Tj
2.4 -2.14 TD
(8. For purposes of an arbitration held under paragraph 3 of)Tj
-2.4 -1.07 TD
(this Article, any company legally constituted under the)Tj
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(applicable laws and regulations of a Party or a political)Tj
T*
(subdivision thereof but that, immediately before the occurrence)Tj
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(of the event or events giving rise to the dispute, was an)Tj
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(investment of nationals or companies of the other Party, shall be)Tj
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(treated as a national or company of such other Party in)Tj
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(accordance with Article 25\(2\)\(b\) of the ICSID Convention.)Tj
/F1 1 Tf
16.2 -3.32 TD
(ARTICLE VII)Tj
/F2 1 Tf
-13.8 -2.17 TD
(1. Any dispute between the Parties concerning the)Tj
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(interpretation or application of the Treaty which is not resolved)Tj
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(ARTICLE V)Tj
/F2 1 Tf
-14.4 -2.17 TD
(The Parties agree to consult promptly, on the request of)Tj
-2.4 -1.07 TD
(either, to resolve any disputes in connection with the Treaty, or)Tj
T*
(to discuss any matter relating to the interpretation or)Tj
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(application of the Treaty.)Tj
/F1 1 Tf
16.5 -2.25 TD
(ARTICLE VI)Tj
/F2 1 Tf
-14.1 -2.17 TD
(1. For purposes of this Article, an investment dispute is a)Tj
-2.4 -1.07 TD
(dispute between a Party and a national or company of the other)Tj
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(Party arising out of or relating to \(a\) an investment agreement)Tj
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(between that Party and such national or company; \(b\) an)Tj
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(investment authorization granted by that Party's foreign)Tj
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(investment authority to such national or company; or \(c\) an)Tj
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(alleged breach of any right conferred or created by this Treaty)Tj
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(with respect to an investment.)Tj
2.4 -2.14 TD
(2. In the event of an investment dispute, the parties to the)Tj
-2.4 -1.07 TD
(dispute should initially seek a resolution through consultation)Tj
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(and negotiation. If the dispute cannot be settled amicably, the)Tj
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(national or company concerned may choose to submit the dispute)Tj
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(for resolution:)Tj
5.4 -2.14 TD
(\(a\) to the courts or administrative tribunals of the)Tj
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(Party that is a party to the dispute; or)Tj
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(\(b\) in accordance with any applicable, previously agreed)Tj
-5.4 -1.07 TD
(dispute-settlement procedures; or)Tj
5.4 -2.14 TD
(\(c\) in accordance with the terms of paragraph 3.)Tj
-3 -2.14 TD
(3. \(a\) Provided that the national or company concerned has)Tj
-2.4 -1.07 TD
(not submitted the dispute for resolution under paragraph 2 \(a\) or)Tj
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(\(b\) and that six months have elapsed from the date on which the)Tj
T*
(dispute arose, the national or company concerned may choose to)Tj
T*
(consent in writing to the submission of the dispute for)Tj
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(settlement by binding arbitration:)Tj
5.4 -2.14 TD
(\(i\) to the International Centre for the Settlement of)Tj
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(Investment Disputes \("Centre"\) established by the)Tj
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(Convention on the Settlement of Investment Disputes)Tj
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(between States and Nationals of other States, done at)Tj
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(Washington, March 18, 1965 \("ICSID Convention"\),)Tj
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(provided that the Party is a party to such Convention;)Tj
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(or)Tj
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(\(iii\) in accordance with the Arbitration Rules of the)Tj
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(United Nations Commission on International Trade Law)Tj
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(\(UNCITRAL\); or)Tj
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(with due process of law and the general principles of treatment)Tj
0 -1.07 TD
(provided for in Article II\(2\). Compensation shall be equivalent)Tj
T*
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T*
(immediately before the expropriatory action was taken or became)Tj
T*
(known, whichever is earlier; be calculated in a freely usable)Tj
T*
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T*
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T*
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T*
(be freely transferable.)Tj
2.4 -2.14 TD
(2. A national or company of either Party that asserts that)Tj
-2.4 -1.07 TD
(all or part of its investment has been expropriated shall have a)Tj
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(right to prompt review by the appropriate judicial or)Tj
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(to the principles of international law.)Tj
2.4 -2.14 TD
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-2.4 -1.07 TD
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(other armed conflict, revolution, state of national emergency,)Tj
T*
(insurrection, civil disturbance or other similar events shall be)Tj
T*
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(that accorded to its own nationals or companies or to nationals)Tj
T*
(or companies of any third country, whichever is the most)Tj
T*
(favorable treatment, as regards any measures it adopts in)Tj
T*
(relation to such losses.)Tj
/F1 1 Tf
16.5 -2.18 TD
(ARTICLE IV)Tj
/F2 1 Tf
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T*
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T*
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(additional contributions to capital for the maintenance or)Tj
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(development of an investment.)Tj
2.4 -2.14 TD
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(the prevailing market rate of exchange on the date of transfer)Tj
T*
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T*
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2.4 -2.14 TD
(3. Notwithstanding the provisions of paragraphs 1 and 2,)Tj
-2.4 -1.07 TD
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(reports of currency transfer; and \(b\) imposing income taxes by)Tj
T*
(such means as a withholding tax applicable to dividends or other)Tj
T*
(transfers. Furthermore, either Party may protect the rights of)Tj
T*
(creditors, or ensure the satisfaction of judgments in)Tj
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(adjudicatory proceedings, through the equitable,)Tj
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(\(a\) that Party's binding obligations that derive from)Tj
-5.4 -1.07 TD
(full membership in a free trade area or customs union; or)Tj
5.4 -2.14 TD
(\(b\) that Party's binding obligations under any)Tj
-5.4 -1.07 TD
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T*
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T*
(subsequent to the signature of this Treaty.)Tj
2.4 -2.14 TD
(11. The Parties acknowledge and agree that "associated)Tj
-2.4 -1.07 TD
(activities" include without limitation, such activities as:)Tj
5.4 -2.14 TD
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T*
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-5.4 -1.07 TD
(approvals \(which shall in any event be issued expeditiously\);)Tj
5.4 -2.14 TD
(\(c\) access to financial institutions and credit markets;)Tj
T*
(\(d\) access to their funds held in financial)Tj
-5.4 -1.07 TD
(institutions;)Tj
5.4 -2.14 TD
(\(e\) the importation and installation of equipment)Tj
-5.4 -1.07 TD
(necessary for the normal conduct of business affairs, including)Tj
T*
(but not limited to, office equipment and automobiles, and the)Tj
T*
(export of any equipment and automobiles so imported;)Tj
5.4 -2.14 TD
(\(f\) the dissemination of commercial information;)Tj
T*
(\(g\) the conduct of market studies;)Tj
T*
(\(h\) the appointment of commercial representatives,)Tj
-5.4 -1.07 TD
(including agents, consultants and distributors and their)Tj
T*
(participation in trade fairs and promotion events;)Tj
5.4 -2.14 TD
(\(i\) the marketing of goods and services, including)Tj
-5.4 -1.07 TD
(through internal distribution and marketing systems, as well as)Tj
T*
(by advertising and direct contact with individuals and companies;)Tj
5.4 -2.14 TD
(\(j\) access to public utilities, public services and)Tj
-5.4 -1.07 TD
(commercial rental space at nondiscriminatory prices, if the)Tj
T*
(prices are set or controlled by the government; and)Tj
5.4 -2.14 TD
(\(k\) access to raw materials, inputs and services of all)Tj
-5.4 -1.07 TD
(types at nondiscriminatory prices, if the prices are set or)Tj
T*
(controlled by the government.)Tj
/F1 1 Tf
16.2 -3.25 TD
(ARTICLE III)Tj
/F2 1 Tf
-13.8 -2.17 TD
(1. Investments shall not be expropriated or nationalized)Tj
-2.4 -1.07 TD
(either directly or indirectly through measures tantamount to)Tj
T*
(expropriation or nationalization \("expropriation"\) except: for a)Tj
T*
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(\(b\) Neither Party shall in any way impair by arbitrary)Tj
-5.4 -1.07 TD
(or discriminatory measures the management, operation,)Tj
T*
(maintenance, use, enjoyment, acquisition, expansion, or disposal)Tj
T*
(of investments. For purposes of dispute resolution under)Tj
T*
(Articles VI and VII, a measure may be arbitrary or discriminatory)Tj
T*
(notwithstanding the fact has exercised the opportunity to review)Tj
T*
(such measure in the courts or administrative tribunals of a)Tj
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5.4 -2.14 TD
(\(c\) Each Party shall observe any obligation it may have)Tj
-5.4 -1.07 TD
(entered into with regard to investments.)Tj
2.4 -2.14 TD
(4. Subject to the laws relating to the entry and sojourn of)Tj
-2.4 -1.07 TD
(aliens, nationals of either Party shall be permitted to enter and)Tj
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T*
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T*
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T*
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T*
(process of committing a substantial amount of capital or other)Tj
T*
(resources.)Tj
2.4 -2.14 TD
(5. Companies which are legally constituted under the)Tj
-2.4 -1.07 TD
(applicable laws or regulations of one Party, and which are)Tj
T*
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T*
(personnel of their choice, regardless of nationality.)Tj
2.4 -2.14 TD
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T*
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T*
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T*
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T*
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2.4 -2.14 TD
(7. Each Party shall provide effective means of asserting)Tj
-2.4 -1.07 TD
(claims and enforcing rights with respect to investment,)Tj
T*
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2.4 -2.14 TD
(8. Each Party shall make public all laws, regulations,)Tj
-2.4 -1.07 TD
(administrative practices and procedures, and adjudicatory)Tj
T*
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2.4 -2.14 TD
(9. The treatment accorded by the United States of America to)Tj
-2.4 -1.07 TD
(investments and associated activities of nationals and companies)Tj
T*
(of Ukraine under the provisions of this Article shall in any)Tj
T*
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T*
(no less favorable than the treatment accorded therein to)Tj
T*
(investments and associated activities of nationals of the United)Tj
T*
(States of America resident in, and companies legally constituted)Tj
T*
(under the laws and regulations of other States, Territories or)Tj
T*
(possessions of the United States of America.)Tj
2.4 -2.14 TD
(10. The most favored nation provisions of this Treaty shall)Tj
-2.4 -1.07 TD
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T*
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(2. Each party reserves the right to deny to any company the)Tj
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(advantages of this Treaty if nationals of any third country)Tj
T*
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T*
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T*
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T*
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T*
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2.4 -2.14 TD
(3. Any alteration of the form in which assets are invested)Tj
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/F2 1 Tf
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(1. Each Party shall permit and treat investment, and)Tj
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(activities associated therewith, on a basis no less favorable)Tj
T*
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T*
(activities of its own nationals or companies, or of nationals or)Tj
T*
(companies of any third country, whichever is the most favorable,)Tj
T*
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T*
(falling within one of the sectors or matters listed in the Annex)Tj
T*
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T*
(before or on the date of entry into force of this Treaty of all)Tj
T*
(such laws and regulations of which it is aware concerning the)Tj
T*
(sectors or matters listed in the Annex. Moreover, each Party)Tj
T*
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T*
(to the sectors or matters listed in the Annex, and to limit such)Tj
T*
(exceptions to a minimum. Any future exception by either Party)Tj
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T*
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T*
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T*
(otherwise in the Annex, be not less favorable than that accorded)Tj
T*
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T*
(nationals or companies of any third country.)Tj
2.4 -2.14 TD
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5.4 -2.14 TD
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T*
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T*
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T*
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5.4 -2.14 TD
(\(c\) Each Party shall ensure that any state enterprise)Tj
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T*
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T*
(services in the Party's territory.)Tj
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(\(iv\) intellectual property which includes, inter)Tj
0 -1.07 TD
(alia, rights relating to:)Tj
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(literary and artistic works, including sound)Tj
0 -1.07 TD
(recordings,)Tj
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(inventions in all fields of human endeavor,)Tj
T*
(industrial designs,)Tj
T*
(semiconductor mask works,)Tj
T*
(trade secrets, know-how, and confidential)Tj
0 -1.07 TD
(business information, and)Tj
0 -2.14 TD
(trademarks, service marks, and trade names;)Tj
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-3 -2.14 TD
(\(v\) any right conferred by law or contract, and any)Tj
0 -1.07 TD
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(\(b\) "company" of a Party means any kind of corporation,)Tj
-5.4 -1.07 TD
(company, association, partnership, or other organization, legally)Tj
T*
(constituted under the laws and regulations of a Party or a)Tj
T*
(political subdivision thereof whether or not organized for)Tj
T*
(pecuniary gain, or privately or governmentally owned or)Tj
T*
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5.4 -2.14 TD
(\(c\) "national" of a Party means a natural person who is)Tj
-5.4 -1.07 TD
(a national of a Party under its applicable law;)Tj
5.4 -2.14 TD
(\(d\) "return" means an amount derived from or associated)Tj
-5.4 -1.07 TD
(with an investment, including profit; dividend; interest; capital)Tj
T*
(gain; royalty payment; management, technical assistance or other)Tj
T*
(fee; or returns in kind;)Tj
5.4 -2.14 TD
(\(e\) "associated activities" include the organization,)Tj
-5.4 -1.07 TD
(control, operation, maintenance and disposition of companies,)Tj
T*
(branches, agencies, offices, factories or other facilities for)Tj
T*
(the conduct of business; the making, performance and enforcement)Tj
T*
(of contracts; the acquisition, use, protection and disposition of)Tj
T*
(property of all kinds including intellectual property rights; the)Tj
T*
(borrowing of funds; the purchase, issuance, and sale of equity)Tj
T*
(shares and other securities; and the purchase of foreign exchange)Tj
T*
(for imports;)Tj
5.4 -2.14 TD
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5.4 -2.14 TD
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T*
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(TREATY BETWEEN)Tj
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(THE UNITED STATES OF AMERICA AND)Tj
7.5 -1.14 TD
(UKRAINE)Tj
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(CONCERNING THE ENCOURAGEMENT)Tj
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/F2 1 Tf
-5.4 -2.17 TD
(The United States of America and Ukraine \(hereinafter the)Tj
-2.4 -1.07 TD
("Parties"\);)Tj
2.4 -2.14 TD
(Desiring to promote greater economic cooperation between)Tj
-2.4 -1.07 TD
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T*
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2.4 -2.14 TD
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T*
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2.4 -2.14 TD
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T*
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2.4 -2.14 TD
(Recognizing that the development of economic and business)Tj
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T*
(and)Tj
2.4 -2.14 TD
(Having resolved to conclude a Treaty concerning the)Tj
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(encouragement and reciprocal protection of investment;)Tj
2.4 -2.14 TD
(Have agreed as follows:)Tj
/F1 1 Tf
14.4 -2.18 TD
(ARTICLE I)Tj
/F2 1 Tf
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(1. For the purposes of this Treaty,)Tj
3 -2.14 TD
(\(a\) "investment" means every kind of investment in the)Tj
-5.4 -1.07 TD
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T*
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T*
(debt, and service and investment contracts; and includes:)Tj
8.4 -2.14 TD
(\(i\) tangible and intangible property, including)Tj
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