Article 12: Expropriation and Compensation
左の本文を選ぶと、右側の官報原文画像で該当箇所を照合できます。
Article 12
Expropriation and Compensation
1. Neither Contracting Party shall expropriate or nationalise an investment in its
Area of an investor of the other Contracting Party or take any measure equivalent to
expropriation or nationalisation (hereinafter referred to as "expropriation") except:
(a) for purpose;
(b) in a non-discriminatory manner;
(c) upon payment of prompt, adequate and effective compensation in
accordance with paragraphs 2 through 5; and
(d) in accordance with due process of law.
2. The compensation shall be equivalent to the fair market value of the expropriated
investments at the time when the expropriation was publicly announced or when the
expropriation occurred, whichever is earlier. The fair market value shall not reflect any
change in value occurring because the expropriation had become publicly known earlier.
3. The compensation shall be paid without delay, shall include interest at a
commercially reasonable rate accrued from the date of expropriation until the date of
payment and shall be effectively realisable and freely transferable
一
1. If payment is made in a freely usable currency, the compensation paid shall
include interest, at a commercially reasonable rate for that currency, accrued from the
date of expropriation until the date of payment.
CO
5. If a Contracting Party elects to pay in a currency other than a freely usable
currency, the compensation paid shall be no less than the sum of the following converted
into the currency of payment at the market rate of exchange prevailing on the date of
payment:
(a) the fair market value on the date of expropriation, converted into a freely
usable currency at the market rate of exchange prevailing on that date; and
(b)
b) interest, at a commercially reasonable rate for that freely usable currency.
accrued from the date of expropriation until the date of payment.
6. This Article does not apply to the issuance of compulsory licences granted the1.0
relation to intellectual property rights in accordance with the TRIPS Agreement, or to the
revocation, limitation or creation of intellectual property rights, to the extent that such
issuance, revocation, limitation or creation is consistent with the TRIPS Agreement.