3

lowing the request for negotiations the two Governments have not
resolved the claim by mutual agreement, the claim, including the
question of whether it presents a question of public international Jaw,
shall bo submitted for settlement to an arbitral tribunal selected in
accordance with parngraph (a) above. ‘Phe arbitral tribunal shall
base its decision exclusively on the applicable principles and rules of
public international law. Ouly the respective Governments may re-
quest. the arbitral procedure and participate in it.

7. This Agreement. shall continue in force until six months from
the date of receipt of a note by which one Government informs the
other of an intent no longer te be party to the Agreement. In such
event, the provisions of the Agreement with 1 t to gnaranties
issued while the Agreement was in foree shall remain in force for the
duration of those guaranties, in no care Jonger than twenty years after
the denunciation of the Agreement.

8. This Agreement shall enter into force on the date of signature.

Is wrrness whercof the respective representatives, duly authorized
for the purpose, have signed the present Agreement.

Done at Basseterre, St. Christopher, in duplicate, this twenty-first
day of November 1968.

FOR THE GOVERNMENT FOR THE GOVERN)
OF THE UNITED STATES OF ST. CHRISTOPHE!
OF AMERICA: NEVI: ND ANGUILL.

Freputc R. Maxx Ronerr L. Brapsiaw

United tutes Special Represent- Premicr
ative to St. Christopher.
Nevis and Anguitle

TAS 6596

8. GevENMMLNT PRNTING CHFtEL: 1989


2.

such interests are transferred {o an entity permitted to own such
interests under the laws of the Host Government, The Guarantecit
Government shall assert no greater rights than those of the trans-
forring investor under the luws of the Host Goverment. with respect
to any interests transferred or succeeded to as contemplated in para-
graph 3, The Guaranteeing Government does, however, reserve its
rights to assert a claim in its sovereign capacity in the eventuality of
a denial of justice or other question of state responsibility as defined
in international Jaw.

5, Amounts in dhe lawful currency of the Host Government and
credits thereof acquired by the Gnarantecing Government under steh
guaranties shall be accorded treatment neither less nor more favorable
than that accorded tn funds of nationals of the Guaranteeing Govern-
ment deriving from investment activities like those in which the
investor has heen engaged. and such amounts and credits shall be
freely available to the Guaranteeing Government to meet its expend-
itures in the national territory of the Host Government.

6, (a) Differences between the two Governments concerning the
interpretation of the provisions of this Agreement chall be settled,
insofar as possible, through negotiations between the two Governments.
Tf such a difference cannot he rezolyed within a period of three months
following the vequest for such negotiations, it shall be submitted, at
the request of either Government. to an ad hoe arbitral tribunal for
settlement in accordance with the applicable principles and rules of
public international law. The arbitral tribunal shall be established as
follows: Each Government shall appoint one arbitrator: these two
arbitrators shall designate x President by common agreement who
shall be a citizen of a third State and be appointed hy the two Govern-
ments. The arbitrators shall he appointed within two months and the
President within three months of the date of receipt of cither Govern-
ment’s request for arbitration. Tf the foregome time limits are not met,
either Government may, in the absence of any other agreement, request
the President of the Tnternational Court of Justice to make the neces-
sary appointment or appointments. and both Governments agree to
pt such appointment or appointments. The arbitral tribunal shall
decide hy majority vote. Tts decision shall be binding. Each of the
Governments shal] pay the expense of its member and its representa-
tion in the proceedings before the arbitral tribunal: the expenses of
the President and the other cost VW be paid in equal parts by the
two Governments. The arbitral tribunal may adopt other regulations
concerning the costs. Tn all other matters. the arbitral tribunal shall
ale its own procedur
(hb) Any el out of investments guaranteed in accord-
ve with this miinst either of the two Governments,
which, in the opinion of the other, presents a question of public inter-
national Taw To at the request of the Government presenting the



eth aoe dee

TREATIES AND OTHER INTERNATIONAL ACTS SERIES

0506

INVESTMENT GUARANTIES

Agreement Between the

Unitep STATES OF AMERICA
and Sr. CuristorHer, NEVIS AND
ANGUILLA

Signed at Basseterre, St. Christopher,
November 21, 1968



For sale by the Superintendent of Dacum

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89487, approved
Tuly 8, 1966 (80 Stat. 71: 1 U.S.C. 113) —

“... the Treaties and Other International Acts
Series issued under the authority of the Secretary of
State shall be competent evidence . . . of the t jiex,
international ugreements other than treaties. and proc-
lnmations Ly the President of such treaties and inter-
national agreements other than treaties, as the case
may be, therein contained, in all the courts of law
and equity and of maritime jurisdiction, and in all the
tribnnals and public offices of the United States, and
of the several States, without any further proof
anthentication thereof.”

Ht U
+ Price 10 cents

Washington, Ds

werament Printing


1
i
4
t

ST. CHRISTOPHER, NEVIS AND ANGUILLA

Investment Guaranties

Agreement signed at Basseterre, St. Christopher November 21,
1968;
Entered into force November 21, 1968.

INVESTMENT GUARANTY AGREEMENT

The Government of the United States of America (the “Guaran-
teeing Government”) and the Government of St. Christopher, Nevis
and Anguilla (the “Host Government”) :

Seeking to encourage private investments in projects which will
contribute to the development of St. Christopher, Nevis and Anguilla’s
economic mitces and productive capacities through investment
guaranties issved by the Guaranteeing Goverment.

Have agreed as follows:

1, When nationals of the Guaranteeing Government propose to in-
vest with the assistance of guaranties issued pursuant to this Agree-
ment in a project or activity within the territorial jurisdiction of
the TTost Government, the two Governments shall, upon the request
of either, consult respecting the nature of the project or activity and
its contribution to economie and social development in St. Christopher,
Nevis and Anguilla.

2. The procedures set forth in this Agreement shall apply only with
respect to guaranteed investments in projects or activities approved
by the Tost Govermnent.

3. Hf the Guaranteeing Government mak ment to any investor
under a guaranty issued pursuant to the present Agreement, the Host
Government shall, subject to the provisions of the following: para-
graph, ize the transfer to the Guaranteeing Government of any
or investinent on account of whieh payment
under such a made as well as the succession of the Guaran-
teeing Govermnent to any ri, i
action existing, or which may

+. To the extent that the
i idate the acqu
< national territor,
Host Government shall pern
Government to make appro,

it, title, claim. priv or enuse of
is connection therewith,

Government partially or
in any property
the

of the He

iy Intere:
hiranteeing Government
ov and the Guarantes
rents pursuant tow!

22-635 69 a THAS