o

3

submitted to negotiations. If at the end of three months following the
request for negotiations the two Governments have not resulved 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
law. Only the respective Governments may request 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 a 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 force on the date of the note
by which the Host Government communicates to the Guaranteeing
Government that the Agreement has been approved in conformity
with the Host Government’s constitutional procedures. [']

Upon receipt of a note from Your Excellency indicating that the
foregoing provisions are acceptable to the Government of Rwanda.
the Government of the United States of America will consider that
this note and your reply thereto constitute an Agreement between
our two Governments on this subject, the Agreement to enter into
foree in accordance with paragraph § above.

Accept, Excellency, the renewed assurances of my highest
consideration.

Wiiu1amu N. HarBen

His Excellency
Lazare MpaKanive,
Minister for Foreign Affairs,
Kigali.

1 April 27, 1967.

TIAS 6337


2

Host Government shall permit such investor and the Guaranteeing
Government to make appropriate arrangements pursuant to which
such interests be 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 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 less nor more
favorable than that accorded to funds of nationals of the Guaranteeing
Government deriving from investment activities like those in which
the investor has been engaged, and such amounts and credits shall be
freely available to the Guaranteeing Government to meet its ex-
penditures 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 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 agreement
who shall be « 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
Governments 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. 1n all other matters,
the arbitral tribunal shall regulate its own procedures.

(b) Any claim, arising out of investments guaranteed in accordance
with this Agreement, against either of the two Governments, which,
in the opinion of the other, presents a question of public international
law shall, at the request. of the Government presenting the claim, be

IAS 0337


4

The Rwanda Minister of Foreign Affairs to the American Chargé
@ Affaires ad interim

REPUBLIQUE RWANDAISE
MINISTERE DES
AFFAIRES ETRANGERES

Ne 2.137/4110 Kieatt, le 9 aot 1965
Objet: Accord Etats-Unis-Rwanda garantissant les investissements américains
au Rwanda.

Monsieur LE Cuarct p’AFFAIRES,

Faisant suite 4 votre lettre n° 3 par laquelle vous avez bien voulu
nous proposer, de la part de votre Gouvernement, la conclusion
d’un Accord garantissant les investissements des Ressortissants
Américains au Rwanda, tel que contenu dans les articles 1 4 8 de votre
lettre, et me référant a l’aide-mémoire annexée a cette derniére,
j’ai ’honneur de vous informer que l’Accord proposé regoit l’agrément
du Gouvernement Rwandais et peut déja sortir ses effets.

La ratification de cet Accord par l’Assemblée Nationale ne manquera
dintervenir dés les premiéres réunions de la Nouvelle Assemblée
Nationale.

Veuillez croire, Monsieur le Chargé d’Affaires, & Vassurance de ma
haute considération.

L Mpakanrve

Lazare Mpakaniye,
Ministre des Affaires Etrangéres,

A Monsieur le Cuarcs p’AFFAIRES A.1.
pes Erats-Unis p’AMéRIQUE
a Kigali

Translation

REPUBLIC OF RWANDA
MINISTRY OF FOREIGN AFFAIRS

No. 2137/4110 Kieau, slugust 9, 1965

Subject: Agreement between the United States and Rwanda guaranteeing
American investments in Rwanda

Mr. Cuareé vp’ AFFAIRES:

Referring to your note No. 3 in which you were good enough tu
propose, on behalf of your Government, the conclusion of an Agree-
ment guaranteeing investments of American nationals in Rwanda
as contained in Articles 1 tu 8 of your note, and with reference to
the aide-mémoire ['] appended to that note, 1 have the honor to
inform you that the proposed xgreement has the approval of the
Government of Rwanda and can be considered already in force.

1 Not printed.

TIAS 6337


TREATIES AND OTHER INTERNATIONAL ACTS SERIES 6337

INVESTMENT GUARANTIES

Agreement Between the
Unrrep States or AMERICA
and Rwanpa

Effected by Exchange of Notes
Signed at Kigali July 6 and August 9, 1965



The ratification of this Agreement by the National Assembly
will certainly take place during the first meetings of the New National
Assembly.

Accept, Mr. Chargé d’Affaires, the assurances of my high con-
sideration.

L Mpakani¥E
Lazare Mpakaniye
Minister of Foreign Affairs

The Cuarci p’AFFAIRES AD INTERIM
or THE Unrrep States oF AMERICA,
Kigali.

TIAS 6837

U.S. GOVERNMENT PRINTING OFFICE: 1967


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-
Jamations 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. 20402 - Price 5 cents


RWANDA

Investment Guaranties

Agreement effected by exchange of notes
Signed at Kigali July 6 and August 9, 1965;
Entered into force April 27, 1967.

The American Chargé d’Affaires ad interim to the Rwanda Minister of
Foreign Affairs

No.3 Kieaur, July 6, 1965.

EXcELLENCY:

I have the honor to refer to conversations which have recently
taken place between representatives of our two governments relating
to investments in Rwanda which further the development of the
economic resources and productive capacities of Rwanda and to
guaranties of such investments by the Government of the United
States of America. I also have the honor to confirm the following
understandings reached as a result of those conversations:

1, When nationals of the Government of the United States of
America (the Guaranteeing Government) propose to invest with the
assistance of guaranties issued pursuant to this Agreement in a project
or activity within the territorial jurisdiction of the Government of
Rwanda (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
Rwanda,

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.

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, creditx, assets. or investment on arcount of which
payment under such guaranty ix made as well as the succession of the
Guaranteeing 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

84-315—67 qd) TIAS 6387