Article 1 Definitions

Article 1
Definitions

For the purposes of this Agreement:

1. The term "investment" shall mean every kind of asset owned or controlled by an investor of one Contracting Party and invested in the territory of the other Contracting Party in accordance with its legislation. This term shall include, in particular:

a) movable and immovable property as well as any property rights such as mortgages;

b) shares, debentures and other securities, as well as stocks and any other forms of interests in a company or enterprise;

c) debt, claims to money or to any performance under loan agreement or under other contract having an economic value and related to an investment;

d) intellectual property rights, including in particular, copyrights, patents, trade marks, industrial designs, trade names as well as know-how, trade secrets, and goodwill;

e) rights conferred by law or under contract to carry out economic activity, or by virtue of any licenses and permits pursuant to law, including rights to search for, cultivate, extract or exploit natural resources;

Any alteration of the form in which assets are invested or reinvested shall not affect their character as investment.

ГАРАНТ:

Сoncerning the interpretation of the term "investment", see the Protocol to this Agreement of November 21, 1994

2. The term "investor" shall mean with regard to each Contracting Party:

a) (i) any natural person holding the citizenship or nationality of that Contracting Party in accordance with its legislation;

(ii) any legal entity, constituted in accordance with the legislation in force in the territory of that Contracting Party, including a corporation, company, association, enterprise, partnership or other organisation, irrespective of whether their liabilities are limited or otherwise;

provided that such natural person or legal entity is competent, in accordance with the legislation of that Contracting Party, to make investments in the territory of the other Contracting Party;

b) that Contracting Party.

3. The term "returns" shall mean amounts yielded by an investment, in particular includes profit; interest; capital gains; dividends; royalties; management, technical assistance or other fees; as well as returns in kind.

4. The term "territory" shall mean the territory of the Russian Federation or the territory of the State of Kuwait, as well as the maritime areas, such as the exclusive economic zone and the continental shelf, adjacent to the outer limits of the territorial sea of the respective State, over which it exercises in accordance with the international law sovereign rights and jurisdiction for the purpose of exploration, exploitation and conservation of natural resources.

5. The term "activities connected with an investment" shall include in particular, the organization, control, operation, maintenance and disposal of companies, branches, agencies, offices or other organisations for the conduct of business; the acquisition, use and disposal of property of all kinds, including intellectual property, as well as the protection thereof; the borrowing of funds; the purchase, sale and issue of shares and other securities and the purchase of foreign exchange for imports.

6. The term "without delay" shall mean such period as is normally required to fulfill the necessary formalities for the transfer of payments. The said period shall commence on the day which the request for transfer has been submitted and may not exceed three months.

7. The term "investment agreement" shall mean an agreement between a Contracting Party and an investor of the other Contracting Party concerning an investment.

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	Agreement Between the Russian Federation and the State of Kuwait for the Promotion and Reciprocal Protection of Investments...