---
title: "\"Соглашение между Правительством Российской Федерации и Правительством Государства Палестина о поощрении и взаимной защите капиталовложений\" [рус., англ.]"
status: действует
canonical: "https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2747/statya-12"
---

# Статья 12

### <a id="p100079"></a>Статья 12

<a id="p100080"></a>Вступление в силу и срок действия Соглашения


1. <a id="p100081"></a>Каждая Договаривающаяся Сторона письменно уведомляет другую Договаривающуюся Сторону о выполнении внутригосударственных процедур, необходимых для вступления в силу настоящего Соглашения. Настоящее Соглашение вступает в силу с даты последнего из двух уведомлений.
2. <a id="p100082"></a>Настоящее Соглашение остается в силе в течение пятнадцати лет. После окончания этого срока его действие автоматически продлевается на очередные пятилетние сроки, если одна Договаривающаяся Сторона письменно не уведомит другую Договаривающуюся Сторону по крайней мере за двенадцать месяцев до истечения соответствующего срока о своем намерении прекратить действие настоящего Соглашения.
3. <a id="p100083"></a>В настоящее Соглашение могут быть внесены изменения с взаимного письменного согласия Договаривающихся Сторон. Любое изменение вступает в силу после того, как каждая Договаривающаяся Сторона письменно уведомит другую Договаривающуюся Сторону о выполнении внутригосударственных процедур, необходимых для вступления такого изменения в силу.
4. <a id="p100084"></a>В отношении капиталовложений, осуществленных до даты прекращения действия настоящего Соглашения, положения всех других статей настоящего Соглашения остаются в силе в течение последующих пятнадцати лет после даты прекращения его действия.

<a id="p100085"></a>Совершено в Иерихоне 11 ноября 2016 года в двух экземплярах, каждый на русском, арабском и английском языках. В случае любых расхождений используется текст на английском языке.

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<a id="p100086"></a>(Подписи)

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**BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION**
**AND THE GOVERNMENT OF THE STATE OF PALESTINE**
**ON THE PROMOTION AND RECIPROCAL PROTECTION**
**OF INVESTMENTS**

<a id="p100088"></a>(Jericho, 11.XI.2016)

<a id="p100089"></a>The Government of the Russian Federation and the Government of the State of Palestine, hereinafter referred to as the Contracting Parties,
<a id="p100090"></a>intending to create favourable conditions for the realization of investments by investors of one Contracting Party in the territory of the other Contracting Party,
<a id="p100091"></a>recognizing that the promotion and reciprocal protection of investments on the basis of the present Agreement shall stimulate the flow of capital and contribute to the development of the mutually beneficial trade and economic, scientific and technical co-operation,
<a id="p100092"></a>have agreed as follows:

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<a id="p100093"></a>Article 1

<a id="p100094"></a>Definitions

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<a id="p100095"></a>For the purposes of the present Agreement the following terms shall mean:
<a id="p100096"></a>"investor" - with regard to each Contracting Party:
<a id="p100097"></a>any natural person who is a citizen of the State of that Contracting Party;
<a id="p100098"></a>any legal entity established or constituted under the legislation of that Contracting Party;
<a id="p100099"></a>"investments" - all kinds of assets invested by investor of one Contracting Party in the territory of the other Contracting Party in accordance with the legislation of the latter Contracting Party and in particular:
<a id="p100100"></a>movable and immovable property and property rights related thereto;
<a id="p100101"></a>shares, stocks and other forms of participation in capital of commercial organizations;
<a id="p100102"></a>claims to money invested for the purpose of creating economic values or under contracts having an economic value that related to investment;
<a id="p100103"></a>exclusive rights to intellectual property (copyrights, patents, industrial designs, utility models, trade marks and service marks, technology, information having commercial value and know-how);
<a id="p100104"></a>rights conferred by law or by a contract to conduct business activity related in particular to exploration, development, extraction and exploitation of natural resources.
<a id="p100105"></a>Any change in the form of investments shall not affect their character as investments if such change is in compliance with the legislation of the Contracting Party in the territory of which the investments were made;
<a id="p100106"></a>"returns" - the amounts yielded from investments and include in particular profit, dividends, interest, licence remunerations and other fees;
<a id="p100107"></a>"territory of the Contracting Party":
<a id="p100108"></a>in respect of the Russian Federation - the territory of the Russian Federation;
<a id="p100109"></a>in respect of the State of Palestine - the territory of the State of Palestine;
<a id="p100110"></a>"legislation of the Contracting Party" - the laws and other regulations of the Russian Federation or the laws and other regulations of the State of Palestine.

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<a id="p100111"></a>Article 2

<a id="p100112"></a>Protection of Investments

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1. <a id="p100113"></a>Each Contracting Party shall aspire to create favourable conditions to investors of the other Contracting Party to make investments in its territory and admit such investments in accordance with its legislation.
2. <a id="p100114"></a>Each Contracting Party in accordance with its legislation shall provide full protection in its territory to investments of investors of the other Contracting Party.

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<a id="p100115"></a>Article 3

<a id="p100116"></a>Treatment of Investments

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1. <a id="p100117"></a>Each Contracting Party shall ensure in its territory fair and equitable treatment of investments made by investors of the other Contracting Party in respect of management and disposal of investments.
2. <a id="p100118"></a>The treatment referred to in paragraph 1 of this Article shall be as favourable as that granted by the former Contracting Party to investments of its own investors or to investments of investors of any third State whichever the investor considers as more favourable.
3. <a id="p100119"></a>Each Contracting Party shall reserve the right to apply and introduce in accordance with its legislation exceptions to national treatment granted in accordance with paragraph 2 of this Article to investments of foreign investors, including reinvestments.
4. <a id="p100120"></a>The provisions of paragraph 2 of this Article related to the most favoured nation treatment shall not be construed so as to oblige one Contracting Party to extend to investments made by investors of the other Contracting Party the benefits of any treatment, privileges and advantages which the former Contracting Party is according or will accord in the future to the investors of any third State:
1) <a id="p100121"></a>in connection with the participation in a free trade area, customs or economic union;
2) <a id="p100122"></a>on the basis of agreements meant to avoid double taxation or other arrangements on taxation issues;
3) <a id="p100123"></a>by virtue of agreements between the Russian Federation and the States which had earlier formed part of the Union of Soviet Socialist Republics.
5. <a id="p100124"></a>Without prejudice to the provisions of the articles 4, 5 and 8 of the present Agreement the Contracting Parties are not obliged by this Agreement to accord a more favourable treatment than the treatment granted by each Contracting Party in accordance with the Marrakesh Agreement establishing the World Trade Organization (the WTO Agreement) signed on 15th of April 1994, including the obligations under the General Agreement on Trade in Services (GATS) and also in accordance with any other multilateral arrangements concerning the treatment of investments arrived at with the participation of the States of both Contracting Parties.

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<a id="p100125"></a>Article 4

<a id="p100126"></a>Expropriation

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1. <a id="p100127"></a>Investments of investors of one Contracting Party made in the territory of the other Contracting Party shall not be subject to measures of forced withdrawal having effect equivalent to expropriation or nationalization (hereinafter referred to as expropriation) except when such measures are carried out in the public interests and in accordance with the procedure established by the legislation of the latter Contracting Party, in a non-discriminatory manner and upon payment of prompt, effective and adequate compensation. The amount of the compensation shall be paid without undue delay.
2. <a id="p100128"></a>The compensation referred to in paragraph 1 of this Article shall correspond to the market value of the expropriated investments calculated on the date immediately preceding the date of expropriation or the date when the impending expropriation has become public knowledge, whichever is the earlier. The compensation shall be paid in a freely convertible currency and shall be freely transferred from the territory of the latter Contracting Party to the territory of the former Contracting Party. From the date of expropriation to the date of payment the amount of compensation shall be subject to accrued interest at a commercial rate established on a market basis, but not lower than six-month credits LIBOR rate in US dollars.

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<a id="p100129"></a>Article 5

<a id="p100130"></a>Compensation for Losses

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<a id="p100131"></a>Investors of one Contracting Party whose investments suffer losses in the territory of the other Contracting Party as a result of war, civil disturbance or other similar circumstances shall be accorded a treatment as favourable as the latter Contracting Party accords to investors of a third State with regard to restitution, indemnification, compensation or other types of settlement.

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<a id="p100132"></a>Article 6

<a id="p100133"></a>Transfer of Payments

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1. <a id="p100134"></a>Each Contracting Party shall in accordance with its legislation guarantee to investors of the other Contracting Party upon fulfilment by them of all tax obligations a free transfer abroad of payments related to their investments, and in particular:
1) <a id="p100135"></a>returns;
2) <a id="p100136"></a>funds in repayment of loans and credits recognized by both Contracting Parties as investments, as well as accrued interest;
3) <a id="p100137"></a>proceeds from full or partial sale or liquidation of investments;
4) <a id="p100138"></a>compensation stipulated in articles 4 and 5 of the present Agreement;
5) <a id="p100139"></a>wages and other remunerations received by an investor of the other Contracting Party and by natural persons who are citizens of the State of the latter Contracting Party authorized to work in connection with investments in the territory of the former Contracting Party.
2. <a id="p100140"></a>Transfers of payments shall be made without delay in a freely convertible currency at the rate of exchange applicable on the date of a transfer pursuant to the exchange legislation of the Contracting Party in whose territory the investments were made.

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<a id="p100141"></a>Article 7

<a id="p100142"></a>Subrogation

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<a id="p100143"></a>If a Contracting Party or its designated agency makes a payment to its investor under a guarantee it has issued against non-commercial risks in relation to investments made in the territory of the other Contracting Party, the latter Contracting Party shall recognize the subrogation of the former Contracting Party or its designated agency to all the rights and claims of the investor. The former Contracting Party or its designated agency is entitled to exercise such rights and enforce such claims in accordance with the legislation of the latter Contracting Party to the same extent as the investor would have been entitled to exercise or enforce.

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<a id="p100144"></a>Article 8

<a id="p100145"></a>Settlement of Disputes between a Contracting Party

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and an Investor of the Other Contracting Party

1. <a id="p100146"></a>Disputes under this Agreement between one Contracting Party and an investor of the other Contracting Party arising in connection with investments of the investor in the territory of the former Contracting Party, including disputes relating to the amount, conditions or procedure of payment of a compensation in accordance with articles 4 and 5 of the present Agreement or to the procedure of transfer of payments set in Article 6 of the present Agreement shall be settled if possible by way of negotiations or consultations.
2. <a id="p100147"></a>In case such dispute cannot be settled as provided for in paragraph 1 of this Article within a period of six months from the date of a written request of any party to the dispute about settlement by way of negotiations and consultations it shall be submitted at the choice of the investor for consideration to:
1) <a id="p100148"></a>a competent court or an arbitration court of the State of the Contracting Party in the territory of which the investments were made, or
2) <a id="p100149"></a>an ad hoc arbitral tribunal in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), or
3) <a id="p100150"></a>the International Centre for Settlement of Investment Disputes created pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States opened for signature at Washington on 18th of March 1965 for settlement of a dispute according to provisions of this Convention (provided it has entered in force for the States of both Contracting Parties) or in accordance with the Additional Facility Rules of the International Centre for Settlement of Investment Disputes (provided that the Convention has not entered into force for the State of one Contracting Party or for the States of both of them).
3. <a id="p100151"></a>An arbitral award shall be final and binding upon both parties to the dispute. Each Contracting Party undertakes to enforce this award in accordance with its legislation.

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<a id="p100152"></a>Article 9

<a id="p100153"></a>Settlement of Disputes between the Contracting Parties

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1. <a id="p100154"></a>Disputes between the Contracting Parties concerning the interpretation or application of the present Agreement shall be settled by way of negotiations or consultations.
2. <a id="p100155"></a>If a dispute referred to in paragraph 1 of this Article cannot be settled in such a way within six months from the beginning of the negotiations, it shall be submitted upon the request of either Contracting Party to an arbitral tribunal.
3. <a id="p100156"></a>An arbitral tribunal shall be constituted for each individual case. To this effect each Contracting Party appoints one member of the arbitral tribunal within two months of the receipt of the request for arbitration. Those two members then shall select a national of a third State who on the approval of both Contracting Parties shall be appointed as the Chairman of the arbitral tribunal within a month from the date of the last appointment of a member of the arbitral tribunal.
4. <a id="p100157"></a>If within the time limits specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement between the Contracting Parties, invite the President of the International Court of Justice to make such appointments. If the President of the International Court of Justice is a national of the State of either Contracting Party or is otherwise unable to discharge the said function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President of the International Court of Justice is a national of the State of either Contracting Party or is otherwise unable to discharge the above mentioned function, the next in seniority member of the International Court of Justice who is not a national of the State of either Contracting Party and not otherwise unable to discharge the said function shall be invited to make the necessary appointments.
5. <a id="p100158"></a>The arbitral tribunal shall render the award by a majority of votes. Such award shall be final and binding upon the Contracting Parties. Each Contracting Party shall bear the costs of the activities of the member of the arbitral tribunal appointed by it and of its representation in the arbitration proceedings. The costs related to the activities of the Chairman of the arbitral tribunal and other costs shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its award direct that a higher portion of costs shall be borne by one of the Contracting Parties and such award shall be binding on both Contracting Parties. The arbitral tribunal shall establish its own procedure independently.

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<a id="p100159"></a>Article 10

<a id="p100160"></a>Consultations

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<a id="p100161"></a>The Contracting Parties shall consult at the request of either of them on the matters concerning the interpretation or application of the present Agreement.

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<a id="p100162"></a>Article 11

<a id="p100163"></a>Application of the Agreement

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<a id="p100164"></a>The present Agreement shall apply to all investments made by investors of one of the Contracting Parties in the territory of the other Contracting Party after its entry into force.

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<a id="p100165"></a>Article 12

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<a id="p100166"></a>Entry into force and Duration of the Agreement

1. <a id="p100167"></a>Each Contracting Party shall notify the other Contracting Party in writing of the completion of internal State procedures required for the entry into force of the present Agreement. The present Agreement shall enter into force on the date of the latter of the two notifications.
2. <a id="p100168"></a>The present Agreement shall remain in force for a period of fifteen years. Upon expiration of this period it shall automatically extend to subsequent periods of five years unless one of the Contracting Parties shall notify the other Contracting Party in writing at least twelve months in advance of its intention to terminate the present Agreement.
3. <a id="p100169"></a>The present Agreement may be amended in writing by mutual consent of the Contracting Parties. Any amendment shall enter into force after each Contracting Party has notified the other Contracting Party in writing that it has completed internal State procedures required for the entry into force of such amendment.
4. <a id="p100170"></a>With respect to investments made prior to the date of termination of the present Agreement the provisions of all other articles of the present Agreement shall continue in effect for a period of fifteen years after the date of its termination.

<a id="p100171"></a>Done in Jericho on 11th of November 2016 in duplicate in the Russian, Arabic and English languages. In case of any divergence the text in English shall be applied.



<a id="p100172"></a>

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