3

resolved the claim by mutual agreement, the claim, including the
question 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 Jaw. Only the respective Governments may request the
arbitral procedure and parteipate in it.

7. This Agreement: shalt continue in force wotil six months from
the date of receipt of a note by which one Governmeut informs the
other of an intent no longer to be pariy to the Agreement. In such
event, the provisions of the Agreement with respect to ¢
issned while the Agreement was in force shall remain in force for the
duration of those guaranties, in no case longer than twenty years after
the denunciation of the Agreement.

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

In wrrvess whercof the respective representatives, duly authorized
for the purpose, have signed the present Agreement.

Dox at Saint John's, Antigua, in duplicate, this ninth day of
October 1968.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF
UNITED STATES OF AMERICA: ANTIGUA:
Cnantes P. Torrey Lionre UWensr
Consul General of the Acting Premier

United States of America

TIAS G57

1.5. GOVERKMEMT PRINTING OFFICE: 1968.


9

such interests aro transferred to an entity permitted to own such
interests 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 tho 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 less nor more favorable
than that accorded to funds of nationals of the Guaranteeing Govern-
ment deriving from investment activities like those in which the
investor has been engaged, and such amounts and credits shal! 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 2 period of three
months following the request for such negotiations, it shall 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 tho 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 accord-
ance with this Agreement, against. either of the two Governments,
which, in the opinion of the other, presents a question of public inter-
national Jaw shall, at the request of the Government presenting the
claim, be submitted to negotiations. If at the end of three months
following the request. for negotiations the two Governments have not

TTAS 6567


TREATIES AND OTHER INTERNATIONAL ACTS SERIES 6567

INVESTMENT GUARANTIES

Agreement Between the
Unirep SraTes OF AMERICA
and ANTIGUA

Signed at Saint John’s October 9, 1968



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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.
lamatious 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.”

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20102 « Price 10 cents

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cy
4

ANTIGUA

Investment Guaranties

Agreement signed at Saint John’s October 9, 1968;
Entered into force October 9, 1968.

INVESTMENT GUARANTY AGREEMENT

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

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

Have agreed as follows:

1. When nationals of the Guaranteeing Government propose to
invest with the assistance of guaranties issued pursuant to this Agree-
ment in a project or activity within the territorial j urisdiction 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 Antigua.

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

8. 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 dy of the Host Government. partially
or wholly invalidate the acquisition of any interests in any property
within its national territory by the Guarantecing Government, the
Host Government shall permit such investor and the Guaranteeing
Government to make appropriate arrangements pursuant to which

(1) TIAS 6567