Article 1 Definitions

Article 1
Definitions

For the purpose of this Agreement:

a) the term "investors" shall mean with regard to either Contracting Party:

(i) natural persons who, according to the laws and regulations of that Contracting Party, are considered to be the nationals of its state;

(ii) legal persons, which are constituted or established under the laws and regulations of that Contracting Party and have their seat in the territory of that Contracting Party;

b) the term "investments" shall mean all kinds of assets invested by investors of one Contracting Party in the territory of the other Contracting Party in accordance with the laws and regulations of the latter Contracting Party, including, but not exclusively:

i) movable and immovable property as well as rights in rem including rights as mortgages, liens or pledges;

ii) shares, stocks and other forms of participation in capital of the legal person;

iii) claims to money invested for the purpose of creating economic values or under contracts having an economic value, related to investments;

iv) intellectual property rights, including but not exclusively copyrights, patents, industrial designs, models, trade marks and service marks, technology, information having commercial value and "know-how";

v) rights conferred by law or under contract to conduct business activity related in particular to exploration, development, extraction and exploitation of natural resources.

Any change of the form in which assets are invested or reinvested shall not affect their character as investments provided that such changes do not contradict the laws and regulations of the Contracting Party in the territory of which the investments were made;

c) the term "returns" shall mean the amount yielded from investments, including, but not exclusively: profits, interests, capital gains, dividends, royalties and fees;

d) the term "territory of the Contracting Party" shall mean:

(i) with respect to the Russian Federation: the territory of the Russian Federation as well as its exclusive economic zone and continental shelf defined in accordance with the United Nations Convention on the Law of the Sea (1982);

(ii) with respect to the Republic of Indonesia: the territory of the Republic of Indonesia, according to the provisions of international law and its national law, comprises the land, territorial sea as well as its seabed and subsoil, archipelagic waters, internal waters and the airspace over the land and the territorial sea in which Indonesia exercises its sovereignty, and also the exclusive economic zone and continental shelf in which Indonesia exercises its sovereign rights in accordance with the United Nations Convention on the Law of the Sea (1982);

e) the term "freely convertible currency" shall mean currencies that the International Monetary Fund determines, from time to time, as freely convertible currencies in accordance with the Articles of Agreement of the International Monetary Fund and Amendments thereafter;

f) the term "laws and regulations of the Contracting Party" shall mean the laws and other regulations of the Russian Federation or the laws and other regulations of the Republic of Indonesia.

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