(a)

any other agreement, request’ the
Secretary-General of the International
Center for the Settlement of
Investment Disputes to make the
necessary appointment or appointments.
Both Governments hereby agree to

accept such appointment or
appointments.
(ii) Decisions of the arbitral

tribunal shall be made by majority
vote and shall be based on the
applicable principles and rules of
international law. Its decision shall
be final and binding.

(iii) During the proceedings, each
Government shall bear the expense of
its arbitrator and of its

representation in the proceedings
before the tribunal, whereas’ the
expenses of the president and other
costs of the arbitration shall be paid
in equal parts by the two Governments.
In its award, the arbitral tribunal
may reallocate expenses and costs
between the two Governments.

(iv) In all other matters, the
arbitral tribunal shall regulate its
own procedures.

ARTICLE 5

This Agreement shall enter into force on the
date on which the Government of The United Republic
of Tanzania notifies the Government of the United
States of America that all legal requirements for
entry into force of this Agreement have been
fulfilled.


(b)

ARTICLE 4

Any dispute between the Government of the United
States of America and the Government of The United
Republic of Tanzania regarding the interpretation of
this Agreement or which, in the opinion of either
party hereto, presents a question of international
law arising out of any project or activity for which
Investment Support has been provided shall be
resolved, insofar as possible, through negotiations
between the two Governments. If, six months
following a request for negotiations hereunder, the
two Governments have not resolved the dispute, the
dispute, including the question of whether such
dispute presents a question of international law,
shall be submitted, at the initiative of either
Government, to an arbitral tribunal for resolution
in accordance with paragraph (b) of this Article.

The arbitral tribunal referred to in paragraph
(a) of this Article shall be established and shall
function as follows:

(i) Each Government shall appoint one
arbitrator. These two arbitrators shall by
agreement designate a president of the
tribunal who shall be a citizen of a third
state and whose appointment shall be
subject to acceptance by the two
Governments. The arbitrators shall be
appointed within three months, and the
president within six months, of the date of
receipt of either Government's request for
arbitration. If the appointments are not
made within the foregoing time limits,
either Government may, in the absence of


(b) This Agreement shall continue in force until six
months from the date of a receipt of a note by which
one Government informs the other of an intent to
terminate this Agreement. In such event, the
provisions of this Agreement shall, with respect to
Investment Support provided while this Agreement was
in force, remain in force so long as such Investment
Support remains outstanding, but in no case longer
than twenty years after the termination of this
Agreement.

IN WITNESS WHEREOF, the undersigned, duly authorized by
their respective Governments, have signed this Agreement

DONE at Dar es Salaam United Republic of Tanzania on

the jit! day of vale 1994, in the English language.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE UNITED REPUBLIC OF
TANZANIA
Rood O Desen Ny Goan ee
: te
. Brady Anderson pye"s . & rain SF

Ambassado


INVESTMENT INCENTIVE AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE UNITED REPUBLIC OF TANZANIA

THE GOVERNMENT OF THE UNITED STATES OF AMERICA and THE
GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA

AFFIRMING their common desire to encourage economic
activities in The United Republic of Tanzania that promote the
development of the economic resources and productive
capacities of the United Republic of Tanzania; and

RECOGNIZING that this objective can be promoted through
investment support provided by the Overseas Private Investment
Corporation ("OPIC"), a development institution and an agency
of the United States of America, in the form of investment
insurance and reinsurance, debt and equity investments and
investment guaranties:

HAVE AGREED as follows:
ARTICLE 1

As used in this Agreement, the following terms have the
meanings herein provided. The term "Investment Support"
refers to any debt or equity investment, any investment
guaranty and any investment insurance or reinsurance which is
provided by the Issuer in connection with a project in the
territory of the United Republic of Tanzania. The term
"Issuer" refers to OPIC and any successor agency of the United
States of America, and any agent of either. The term "Taxes"
means all present and future taxes, levies, imports, stamp
duties and charges imposed by the Government of the United
Republic of Tanzania and all liabilities with respect thereto.


(b)

ARTICLE 2

The Issuer shall not be subject to regulation
under the laws of the United Republic of Tanzania
applicable to insurance or financial organizations.

All operations and activities undertaken by the
Issuer in connection with any Investment Support,
and all payments, whether of interest, principal,
fees, dividends, premiums or the proceeds from the
liquidation of assets or of any other nature, that
are made, received or guaranteed by the Issuer in
connection with Investment Support shall be exempt
from Taxes. The Issuer shall not be subject to any
Taxes in connection with any transfer, succession or
other acquisition which occurs pursuant to paragraph
(c) of this Article or Article 3(a) hereof. Any
project in connection with which Investment Support
has been provided shall be accorded tax treatment no
less favorable than that accorded to projects
benefiting from the investment support programs of
any other national or multilateral development
institution which operates in The United Republic of
Tanzania.

If the Issuer makes a payment to any person or
entity, or exercises its rights as a creditor or
subrogee, in connection with any Investment Support,
the Government of The United Republic of Tanzania
shall recognize the transfer to, or acquisition by,
the Issuer of any cash, accounts, credits,
instruments or other assets in connection with such
payment or the exercise of such rights, as well as
the succession of the Issuer to any right, title,
claim, privilege or cause of action existing, or
which may arise, in connection therewith.


(a)

With respect to any interests transferred to the
Issuer or any interests to which the Issuer succeeds
under this Article, the Issuer shall assert no
greater rights than those of the person or entity
from whom such interests were received, provided
that nothing in this Agreement shall limit the right
of the Government of the United States of America to
assert a claim under international law in its
sovereign capacity, as distinct from any rights it
may have as the Issuer pursuant to paragraph (c) of
this Article.

ARTICLE 3

Amounts in the currency of The United Republic
of Tanzania, including cash, accounts, credits,
instruments or otherwise, acquired by the Issuer
upon making a payment, or upon the exercise of its
rights as a creditor, in connection with any
Investment Support provided by the Issuer for a
project in The United Republic of Tanzania, shall be
accorded treatment in the territory of The United
Republic of Tanzania no less favorable as to use and
conversion than the treatment to which such funds
would have been entitled in the hands of the person
or entity from which the Issuer acquired such
amounts.

Such currency and credits may be transferred by
the Issuer to any person or entity and upon such
transfer shall be freely available for use by such
person or entity in the territory of The United
Republic of Tanzania in accordance with its laws.