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Investment Agreements in the Western Hemisphere: A Compendium

Trade and Integration Agreements


I. Scope of Application | B. Definition of Investor

North American Free Trade Agreement (NAFTA)

"Investor of a Party" means a Party or state enterprise thereof, or a national or an enterprise of such Party, that seeks to make, is making or has made an investment. (Article 1139).

Free Trade Agreement of the Group of Three among Mexico, Colombia, and Venezuela (Group of Three)

The term "investor" refers to any of the following persons owning an investment in the territory of the other Party: the Party itself or any of its public entities or State enterprises; a natural person who is a national of that Party in accordance with its laws; an enterprise constituted, organized, or protected in accordance with the laws of that Party; a branch located in the territory of that Party that engages in commercial activities therein. (Article 17-01).

Common Market of the South (MERCOSUR)

Members
The term "investor" includes:
. any natural person who is a national of, permanently resides, or is domiciled in a Contracting Party in accordance with its laws. The Protocol does not apply to investments made in the territory of one Contracting Party by natural persons who are nationals of the other Contracting Party if they, by the date the investment is made, permanently reside or are domiciled in the host country, unless it is proved that the investment was admitted from abroad.
. Any legal person constituted under the laws and regulations of a Contracting Party, and having its seat in the territory of said Party; and, any legal person constituted under the laws of the host country but effectively controlled, directly or indirectly, by a natural or legal person as defined above. (Article 1(2) of the Colonia Protocol).

Non-Members
The term "investor" includes:
. any natural person who is a national of a Contracting Party or a Third State in accordance with its laws. The Protocol does not apply to investments made in the territory of one Contracting Party by natural persons who are nationals of a Third State if they, by the date the investment is made, permanently reside or are domiciled in the host country, unless it is proved that the investment was admitted from abroad.
. Any legal person constituted under the laws and regulations of a Contracting Party or a Third State, and having its seat in the territory where it was constituted. (Article 2 (A) (2) of the Buenos Aires Protocol).

Andean Pact

The term investor means:

(a) National Investor
The State, national individuals, and companies defined by the legislation of the Member Countries. Individuals with an uninterrupted residence of not less than one year and who renounce the right to repatriate capital and to transfer profits abroad. Investments belonging to subregional investors. (Article 1(a)).

(b) Foreign Investor
The owner of a direct foreign investment. (Article 1(b)).

Caribbean Community and the Caribbean Common Market (CARICOM)


 
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