3

following 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 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 mnay request the
arbitral procedure and participate in it.

7. This Agreement shall continue in force until six months from the
date of receipt of 2 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 duration
of those guaranties, in no case longer than twenty Years after the
denunciation of the Agreement,

8. This Agreement shall enter into foree on the date of s

nature,

In witnuss whereof the respective representatives, duly authorized
for the purpose, have signed the present, Agreement.

Done at Roseau, Dominica, in duplicate, this eleventh day of
October 1968.

IVERN
DOMINI

Cartes PL Torrey EO LeBrayc

Consul General of the Premier
Cnited States of America

LAS GAGS

Ws GOVEnAMLNT PRINTING otic: i968



2

such interests are transferred to an entity permitted to own such
interests under the laws of the [ost Government. The Guaranteeing
Government shall assert no greater rights than those of the trans-
ferring investor under the laws of the ITost Government with respect
to any interests transferred or succeeded to as contemplated in para-
graph 3. The Guarantecing Government. doc however, reserve its
tights 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 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 cred} hall 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 thi 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 shall be sub-
mitted, 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 follo Each Goverument shall appoint one arbitrator;
these two arbitrators shall de: ignate 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 member and its
representation in the proceedings before the arbitral tribunal; the
expenses of the President and the other costs shall be Lin equal
parts by the two Governments. The arbitral tribunal may adopt other
regulations concerning the c 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 cither of the two Governments,
which, in the opinion of the other, presents a question of public inter-
national Jaw shall, at the request of tho Government presenting (he
claim, be submitted to negotiations, Hat the end of three months

TIAS GAGS.


bd @

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 6563

INVESTMENT GUARANTIES

Agreement Between the
Univep States or AMERICA
and Dominica

Signed at Roseau October 11, 1968



NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89-497, approved
July 8, 1966 (80 Stat. 271; 1 U.S.C. 118)—

“, . 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-
lamationgs by the President of such treaties and inter-
nationul 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. Covernment Printing Office

Washington, D.C, 20402 - Price 10 cents



DOMINICA

Investment Guaranties

Agreement signed at Roseau October 11, 1968;
Entered into force October 11, 1968.

INVESTMENT GUARANTY AGREEMENT

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

Seeking to encourage private investments in projects which will
contribute to the development of Dominica’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 issued pu nt to this \gree-
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 Dominica.

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 IIost
Government shall, subject. to the provisions of the following para-
graph, recognize the transfer to the Gua rantecing 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 Tost Gover ment partially
or wholly invalidate the acquisition of any interests in any property
within its national territory by the Guaranteeing Gove rhment, the
Host Government shall permit such investor and the Guaranteeing
Government to make appropriate arrangements pursuant to which

2h 265-08 qa) TIAS 6568