(c)
3.
4.
that in case of expropriation, any measures taken are for a
public purpose, non‐discriminatory, and in accordance with
due process of law, accompanied by prompt payment of
reasonable and effective compensation.
The Partner States shall within two years after coming into force of
this Protocol take measures to secure the protection of cross border
investments within the Community.
For the purpose of this Article:
“cross – border investment” means any investment by a national of
a Partner State in the territory of another Partner State;
“investment” means any kind of asset owned or controlled by an
investor of a Partner State in another Partner State in accordance
with the national laws and investment policies of that Partner State
and includes:
(a) an enterprise;
(b) shares, stock, and other forms of equity participation in an
enterprise;
(c)
bonds, debentures, other debt instruments and loans;
(d) futures, options and other derivatives;
(e) turnkey, construction, management, production, concession,
revenue‐sharing and other similar contracts;
(f)
intellectual property rights;
(g) licenses, authorizations, permits and similar rights conferred
pursuant to applicable national laws; and
(h) other tangible or intangible, movable or immovable property,
and related property rights such as leases, mortgages, liens
and pledges;
“investor” means a national of a Partner State who has made an
investment in the territory of another Partner State.
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