WISHING to be guided by the ideals, objectives and spirit of the Protocol in the
facilitation and stimulation of investment flows and technology transfer and
innovation into the Region,
UNDERSTANDING that the guarantees in this Annex are to be interpreted in such a
manner that ensures an overall balance of rights and obligations between investors,
host states and home states;
HEREBY AGREE as follows:
ARTICLE 1
DEFINITIONS
1.
In this Annex, terms and expressions defined in Article 1 of the Protocol shall
bear the same meaning unless the context otherwise requires.
2.
In this Annex, unless the context otherwise requires:
"bond"
means a debt instrument in terms of which the issuer thereof is
obliged to re-pay, to the bondholder on a specified maturity date,
the principal amount of a loan (and, ordinarily, interest thereon)
made by the bondholder to the issuer;
"enterprise"
means any entity constituted or organised under the applicable
laws of any State, whether or not for profit, and whether privately
or governmentally owned or controlled, and includes a
corporation, trust, partnership, sole proprietorship, branch, joint
venture, association, or other such organisation;
"Host Government"
means the government of the State Party in whose
territory an investment is made or located;
"Host State"
means the State Party in whose territory an investment is made
or located;
"ICSID
Convention"
means the Convention on the Settlement of Investment
Disputes between States and Nationals of Other States, done at
Washington, March 18, 1965;
"investment"
means an enterprise within the territory of one State Party
established, acquired or expanded by an investor of the other
State Party, including through the constitution, maintenance or
acquisition of a juridical person or the acquisition of shares,
debentures or other ownership instruments of such an
enterprise, provided that the enterprise is established or
acquired in accordance with the laws of the Host State and
registered in accordance with the legal requirements of the Host
State. The enterprise may possess assets such as:
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