Investment Agreements in the Western Hemisphere: A Compendium
Agreement Between Nicaragua and the United States
1 July 1995
Subject: I. Scope of Application
A. Definition of Investment
The term "investment" of a national or company means every kind of investment owned or controlled directly or indirectly by said national or company. This general definition is illustrated by a non exhaustive list of six groups of specific rights, including: a company; equity participation and debt interests in a company; contractual rights; tangible and intangible property; intellectual property; and, rights conferred pursuant to law. (Article I (1) (d)).
B. Definition of Investor
"National" of a Party means a natural person who is a national of a Party under its applicable law. (Article I (1) (c)).
"Company" means any entity constituted or organized under applicable law, 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 organization. "Company of a Party" means a company constituted or organized under the laws of that Party. (Article I (1) (a)(b)).
C. Application in Time
Date of signature: July 1, 1995 Entry into force: Thirty days after the date of exchange of instruments of ratification. Duration: 10 years. Thereafter it shall remain in force until either Party notifies the other Party, a year in advance, of its decision to terminate the Treaty. The Treaty shall apply to investments existing at the time of entry into force, as well as to investments made or acquired thereafter.