claim, be submitted to negotiations. If at the end of three months fol-
lowing the request for negotiations the two Governments have not
resolved the claim by mutual agreement, the claim, including the ques-
tion of whether it presents a question of public international law,
shall be submitted for settlement to an arbitral tribunal selected in
accordance with paragraph (a) above. The arbitral tribunal shall base
its decision exclusively on the applicable principles and rules of public
international law. Only the respective Governments may request 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 to be party to the Agreement. In such event,
the provisions of the Agreement with respect to guaranties issued
while the Agreement was in force shall remain in force for the dura-
tion of those guaranties, in no case longer than twenty years after the
denunciation of the Agreement.

8. This Agreement shall enter into force upon signature by the
duly authorized representatives of the Government of the United
States of America and the Government of Western Samoa.

In wirness wuereor the representative of the Government of the
United States of America and the representative of the Government
of Western Samoa, duly authorized for the purpose, have hereunto

subscribed their names at the places and on the dates hereinafter
mentioned.

Dove at Wellington, New Zealand, in duplicate this 5th day of
June 1969,

FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
Joun F. Henning
John F, Henning

Done at Apia, Western Samoa, in duplicate this 22nd day of
July 1969.

FOR THE GOVERNMENT OF
WESTERN SAMOA
Fume MFM.

Fiame M F M.

TIAS 6745

VS. COFERNMENT PRINTING OFFICE: 1969



2

Government to make appropriate arrangements pursuant to which
such interests are transferred to an entity permitted to own such in-
terests under the laws of the Host Government. The Guaranteeing
Government shall assert no greater rights than those of the trans-
ferring investor under the laws of the Host Government 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 law.

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

6. (a) Differences between the two Governments concerning the
interpretation of the provisions of this Agreement shall be settled,
insofar as possible, through negotiations between the two Govern-
ments. If such a difference cannot be resolved within a period of three
months following the request for such negotiations, it shail be sub-
mitted, at the request of either Government, to an ad hoc 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 a President by common agree-
ment who shall be a citizen of a third State and be appointed by the
two Governments. The arbitrators shall be appointed within two
months and the President within three months of the date of receipt
of either Government’s request for arbitration. If the foregoing time
limits are not met, either Government may, in the absence of any other
agreement, request the President of the International Court of Justice
to make the necessary appointment or appointments, and both Govern-
ments agree to accept such appointment or appointments. The arbitral
tribunal shall decide by majority vote. Its decision shall be binding.
Each of the Governments shall pay the expense of its member and its
representation in the proceedings before the arbitral tribunal; the
expenses of the President and the other costs shall be paid in equal
parts by the two Governments. The arbitral tribunal may adopt other
regulations concerning the costs. In all other matters, the arbitral
tribunal shall regulate its own procedures.

(b) Any claim, arising out of investments guaranteed in ac-
cordance with this Agreement, against either of the two Governments,
which, in the opinion of the other, presents a question of public inter-
national law shall, at the request of the Government presenting the

TIAS 6745



INVESTMENT GUARANTIES

Agreement Between the
Unirep STATES OF AMERICA
and: WESTERN SAMOA

Signed at Wellington and Apia

June 5 and July 22, 1969

TERT

a



NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89-497, approved
July 8, 1966 (80 Stat. 271; 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 treaties,
international agreements other than treaties, and proc-
lamations by 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
tribunals and public offices of the United States, and
of the several States, without any further proof or
authentication thereof.”

e@ For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price 10 cents



WESTERN SAMOA

Investment Guaranties

Agreement signed at Wellington and Apia June 5 and July 22, 19695
Entered into force July 22, 1969.

INVESTMENT GUARANTY AGREEMENT BETWEEN THE GOV-
ERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF WESTERN SAMOA

The Government of the United States of America (the “Guarantee-
ing Government”) and the Government of Western Samoa (the “Host
Government”) ;

Seeking to encourage private investments in projects which will
contribute to the development of Western Samoa’s economic resources
and productive capacities through investment guaranties issued by
the Guaranteeing Government,

Have agreed as follows:

1. When nationals of the Guaranteeing Government propose to
invest with the assistance of guaranties issned pursuant to this Agree-
ment in a project or activity within the territorial jurisdiction of the
Host Government, the two Governments shall, upon the request of
either, consult respecting the nature of the project or activity and its
contribution to economic and social development in Western Samoa.

2. The procedures set forth in this Agreement shall apply only
with respect to guaranteed investments in projects or activities ap-
proved by the Host Government.

3;-If the Guaranteeing Government makes payment 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, recognize the transfer to the Guaranteeing Government of any
currency, credits, assets, or investment on account of which payment
under such guaranty is made as well as the succession of the Guarantee-
ing Government to any right, title, claim, privilege, or cause of action
existing, or which may arise, in connection therewith.

4. To the extent that the laws of the Host Government partially or
wholly invalidate the acquisition of any interests in any property
within its national territory by the Guaranteeing Government, the
Host Government shall permit such investor and the Guaranteeing

34-185—69 q@) TIAS 6745