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法規名稱: AGREEMENT BETWEEN THE MALAYSIAN FRIENDSHIP AND TRADE CENTEREM TAIPEI AND THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN MALAYSIA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS (AD.1993.02.18)
簽訂日期: 民國 82 年 02 月 18 日
生效日期: 民國 82 年 02 月 18 日
簽約國: 亞太地區 > 馬來西亞
沿革:
1.Signed on February 18, 1993 Entered into froce on February 18, 1993

 
The Malaysian Friendship and Trade Centre, Taipei and the Taipei
Economic and Cultural Office in Malaysia, hereinafter referred
to as "Parties";
Being desirous of promoting closer economic cooperation; and
Recognising that the protection of investments will stimulate t-
he flow of investments and business initiative,
Undertake to seek the approval of their respective authorities
on matters relating to the promotion and protection of investme-
nts in the relevant places.
Both Parties have agreed to seek the approval of their respecti-
ve authorities in respect of the Agreement annexed hereto.
IN WITNESS WHEREOF, the undersigned, have signed this Agreement.
Done in duplicate at Taipei this eighteenth day of February, 199
3, in the English Language.

[Signed] [Signed]
DATO' SYED MANSOR SYED KASSIM BARAKBAH HUANG HSIN-PI
THE PRESIDENT THE REPRESENTATIVE
MALAYSIAN FRIENDSHIP TAIPEI ECONOMIC
AND TRADE CENTRE, TAIPES AND CULTURAL OFFICE
IN MALAYSIA

AGREEMENT FOR THE PROMOTION AND PROTECTION OF INVESTMENTS
ARTICLE 1
Definitions
(1) For the purpose of this Agreement:
(a) "relevant places" means the places of operation to be des-
ignated by the respective authorities of the pal-ties;
(b) "investments" means every kind of asset and in particular,
though not exclusively, includes:
(i) movable and immovable property and any other property r-
ights such as mortgages, liens and pledges;
(ii) shares, stocks and debentures of companies or interests
in the property of such companies;
(iii) a claim to money or a claim to any performance having f-
inancial value;
(iv) intellectual and industrial property rights, including
rights with respect to copyrights, patents, trademarks,
trade names, industrial designs, trade secrets, technic-
al processes and know-how and goodwill;
(v) business concessions conferred by law or under contract,
including concessions to search for, cultivate, extract,
or exploit natural resources. The said term "investments
" shall refer to those investments approved by the resp-
ective authorities of the relevant places receiving the
investments in accordance with their laws, regulations
and administrative practices.
Any alteration of the form in which assets are invested s-
hall not affect their approval as investments, provided t-
hat such alteration is not contrary to the approval, if a-
ny, granted in respect of the assets originally invested;
(c) "returns" means the amount yielded by an investment and in
particular, though not exclusively, includes profits, int-
erests, capital gains, dividends, royalties or fees;
(d) "investor" means:
(i) any natural person who is a citizen or permanent reside-
nt of the relevant places;
(ii) any company or any juridical person which is properly i-
ncorporated or constituted in the relevant places;
(e) "freely usable currencies" means the United States Dollar,
Pound Sterling, Deutschemark, French Franc, Japanese Yen
or any other currency that is widely used to make payments
for international transactions and widely traded in the i-
nternational principal exchange markets;
(f) "expropriation" means nationalisation or confiscation of
investments of investors or taking of property by the res-
pective authorities of the relevant places without proper
compensation which causes investors to suffer damages the-
refrom, or arbitrary seizure of any property by the respe-
ctive authorities of the relevant places or an agency or
instrumentality thereof that deprives investors of any ri-
ghts in or in connection with their investments;
(g) "inconvertibility" means:
(i) a situation where investors of a relevant place are uab-
le to convert their original investments or returns into
freely usable currencies and repatriate their original
investments or returns from the other relevant place wi-
thin 30 days due to foreign exchange controls, preventi-
on or restrictions in repatriation of their original in-
vestments or returns imposed by the authorities or an a-
gency or instrumentality of the other relevant place; or
(ii) a situation where investors of a relevant place suffer
damages in repatriating their original investments or r-
eturns from the other relevant place due to discriminat-
ory exchange rates imposed by the authorities or an age-
ncy or instrumentality of the other relevant place.
ARTICLE 2
Promotion and Protection of Investments
Favourable conditions for investors to make investments in the
relevant places in accordance with their respective laws, regul-
ations and administrative practices shall be encouraged and pro-
moted.
ARTICLE 3
Most-Favoured -Nation Provisions
(1) Investments of investors from one relevant place investing
in the other, and the returns therefrom, shall receive trea-
tment which is fair and equitable, and no less favourable t-
han that accorded to investments and returns made by invest-
ors of any third State.
(2) Investors from one relevant place, whose investments suffer
losses owing to war or other armed conflict, revolution, a
state of national emergency, revolt, insurrection or riot in
the other relevant place, shall be accorded treatment, as r-
egards restitution, indemnification, compensation or other
settlement, no less favourable than that which the latter r-
elevant place accords to investors of any third State.
ARTICLE 4
Exceptions
The provisions of this Agreement relative to the granting of tr-
eatment no less favourable than that accorded to the investors
of any third State shall not be construed so as to oblige the r-
espective authorities of one Party to extend to investors from
the other relevant place the benefit of any treatment, preferen-
ce or privilege resulting from:
(a) any existing or future customs union or free trade area or a
common external tariff area or a monetary union or similar
international agreement or other forms I, oional cooperation
to which the respective authorities of either of the Parties
is or may become a party; or
(b) the adoption of an agreement designed to lead to the format-
ion or extension of such a uni, on or area within a reasona-
ble length of time; or
(C) any international agreement or matters relating wholly or m-
ainly to taxation.
ARTICLE 5
EXPROPRIATION
Where any measure of expropriation is taken against the investm-
ents of investors from either relevant place, such measures sha-
ll be taken for a lawful purpose, on a nondiscriminatory basis
and against compensation which shall be freely transferable in
freely usable currencies without unreasonable delay. The value
of such compensation shall amount to the market value of the in-
vestments expropriated which is to be determined on the day imm-
ediately before such measures become public knowledge. Any unre-
asonable delay in payment of compensation shall carry an approp-
riate interest at the normal commercial rate or as agreed upon
by the respective authorities of both Parties.
ARTICLE 6
Repatriation of Investments
(1) Investors from either relevant place shall be accorded tran-
sfers without delay in any freely usable currencies of their
capital and returns from any investment in the other releva-
nt place. Such transfers are subject to the right of each P-
arty, in exceptional financial or economic circumstances, to
exercise equitably and in good faith powers conferred by its
laws and regulations at the time the investment is made as
well as new laws thereafter, provided that any existing inv-
estors should not be made worse off than at the time of app-
roval of investment.
(2) The exchange rates applicable to such transfers in paragraph
(1) of this Article shall be the rate of exchange prevailing
at the time of remittance.
(3) The transfers referred to in paragraph (1) of this Article
shall receive treatment as favourable as that accorded to t-
ransfers originating from investments made by investors of
any third State.
(4)
(a) Except as herein otherwise provided, in the event of the
occurrence of inconvertibility in either relevant place,
investors of that other relevant place may invoke the con-
vertibility rights and transfer their blocked local curre-
ncy to an account of the Party of that other relevant pla-
ce or any other account designated by such Party and requ-
est the Party of the relevant place where the inconvertib-
ility occurs to compensate the damages resulting therefrom
. The Party of the said other relevant place or any agency
or instrumentality thereof may then present those blocked
local currency to the Party of the relevant place where t-
he inconvertibility occurs or any agency or instrumentali-
ty thereof for remittances in the form of freely usable c-
urrencies.
(b) Where damages are suffered by the investors or the Party
of a relevant place or any agency or instrumentality ther-
eof as a result of inconvertibility, the Party of the rel-
evant place where the inconvertibility occurs or any agen-
cy or instrumentality thereof shall pay compensation to t-
he firstmentioned Party or any agency or instrumentality
thereof to the amount of the damages, in freely usable cu-
rrencies, into such accounts as the said firstmentioned P-
arty may designate.
ARTICLE 7
Settlement of Disputes
Any dispute
(1) between an investor and the respective authorities of the r-
elevant places in connection with its investments;
(2) between the Parties hereto concerning the interpretation or
application of this Agreement;
shall, as far as possible, be settled amicably through nego-
tiation between the parties to the dispute, and failing whi-
ch, shall be referred to arbitration on such terms and cond-
itions as the parties may agree.
ARTICLE 8
Subrogation
(1) If either of the respective authorities or its designated b-
ody makes a payment to its investors owing to the indemnity
it has granted under this Agreement in respect of an invest-
ment in the other relevant place, the other respective auth-
ority shall, without prejudice to the rights of the former
respective authority, recognise:
(a) the transfer from such investor to the respective authori-
ty or its designated body of any right or title to, or in-
terest in, any assets, currencies, credits or other prope-
rty, along with any claim or cause of action arising dire-
ctly in connection with an investment;
(b) that the respective authority or its designated body is
entitled, by virtue of subrogation, to exercise the rights
and assert the claims of the investor who hes received the
payment.
The subrogated rights or claims shall not be greater than t-
he original rights or claims of the investor who has receiv-
ed the payment.
(2) Any payment made by the respective authority or its designa-
ted body shall not affect the rights of the respective auth-
ority or its designated body under Article 7.
ARTICLE 9
Application to Investments
This Agreement shall apply to investments made in the relevant
places prior to as well as after the entry into force of this A-
greement.
ARTICLE 10
Entry Into Force, Duration and Termination
(1) This Agreement shall enter into force upon the exchange of
letters between the Parties informing each other of the app-
roval of this Agreement by their respective authorities.
(2) This Agreement shall remain in force unless terminated in w-
riting by giving one year's notice. In respect of investmen-
ts made prior to the effective date of termination, the pro-
visions of Article 1 to 9 of this Agreement shall remain in
force for a period of ten years.
IN WITNESS WHEREOF , the undersigned, have signed this Agre-
ement. Dine in duplicate at Taipei this eighteenth day of F-
ebruary, 1993, in the English Language.

[Signed] [Signed]
DATO' SYED MANSOR SYED HUANG HSIN-PI
KASSIM BARAKBAH THE REPRESENTATTVE
THE PRESIDENT TAIPEI ECONOMIC
MALAYSIAN FRIENDSHIP AND CULTURAL OFFICE
AND TRADE CENTER, TAIPEI IN MALAYSIA
資料來源:全國法規資料庫