ALCA FTAA ZLEA - Investment: Expropriation - Paraguay/Peru

Free Trade Area of the Americas - FTAA

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Investment Agreements in the Western Hemisphere: A Compendium

Agreement Between Paraguay and Peru
31 January 1994

Subject: V. Expropriation

A. Definition

1. Covered Expropriatory Measures Expropriation, nationalization or measures which have a similar effect. (Article 6 (1)).

B. Conditions

1. Public Purpose and Non-Discrimination
Yes. "Motives expressly established by the Constitutions of each Party." (Article 6 (1)).

2. Due Process of Law and Judicial Review
No reference.

4. Compensation: Standard; Form and Time of Payment
"Just and timely compensation" Compensation shall: . be equivalent to the value of the expropriated investment immediately before the expropriatory action became known; . include interests at the usual commercial rate; . be made without delay; . be made in freely convertible currency; . be fully realizable and freely transferable. (Article 6 (1) (2)).


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