EU - Angola Sustainable Investment Facilitation Agreement (2023)
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5. The Parties may choose to organise the dialogue through existing mechanisms established by the Parties for involving civil society, as appropriate.

Chapter VIII. FINAL PROVISIONS

Article 47. General Exceptions

Nothing in this Agreement shall be construed to prevent the adoption or enforcement by either Party of measures:

(a) necessary to protect public security or public morals or to maintain public order (1);

(b) necessary to protect human, animal or plant life or health;

(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:

(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;

(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;

(iii) safety.

(1) The public security and public order exceptions may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

Article 48. Security Exceptions

Nothing in this Agreement shall be construed to:

(a) require a Party to furnish any information the disclosure of which it considers contrary to its essential security interests; or

(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) connected to the production of or traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods and materials, services and technology, and to economic activities, carried out directly or indirectly for the purpose of supplying a military establishment;

(ii) relating to fissionable and fusionable materials or the materials from which they are derived; or

(iii) taken in time of war or other emergency in international relations; or

(c) prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

Article 49. Relations with the Cotonou Agreement

Nothing in this Agreement shall be construed so as to prevent the adoption by either Party of appropriate measures pursuant to the Cotonou Agreement.

Article 50. Duration

This Agreement is concluded for a period of 20 years, automatically renewable for equal and successive periods of time.

Article 51. Termination

1. Either Party may notify in writing the other Party of this Agreement of its intention to terminate this Agreement. A notification to the Union shall be sent to the Secretary-General of the Council of the European Union and a notification to Angola shall be sent to the Ministry of Foreign Affairs, National Director for International Cooperation.

2. The termination of this Agreement shall take effect six months after the date of receipt by the other Party of the notification referred to in paragraph 1.

Article 52. Territorial Application

1. This Agreement shall apply

(a) with respect to the Union, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied, and under the conditions laid down in those Treaties, and

(b) with respect to Angola, to the territories in which Angola exercises sovereignty or sovereign rights in accordance with international law and its domestic law, including land territory, internal waters, territorial sea and airspace over them, as well as maritime areas adjacent to the territorial sea, including the seabed, the continental shelf and the corresponding subsoil.

2. References to "territory" in this Agreement shall be understood in the sense referred to in paragraph 1.

3. For greater certainty, references to international law in this Article include, in particular, the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982. In case of an inconsistency between domestic law and international law, the latter shall prevail.

Article 53. Amendments

The Parties may agree, in writing, to amend this Agreement. Such amendments shall enter into force in accordance with Article 57.

Article 54. Accession of New Member States to the European Union

1. The Union shall inform Angola of any request for accession of a Third Country to become a Member State of the Union.

2. The Union shall notify Angola of the entry into force of any Treaty concerning the accession of a third country to the Union.

Article 55. Rights and Obligations Under this Agreement

Nothing in this Agreement shall be construed as conferring rights or imposing obligations on persons, other than those created between the Parties under public international law, nor as permitting this Agreement to be directly invoked in the domestic legal systems of the Parties.

Article 56. References to Laws and other Agreements

1. Unless otherwise specified, where reference is made to laws and regulations of a Party, those laws and regulations shall be understood to include amendments thereto.

2. Where international agreements are referred to or incorporated into this Agreement, in whole or in part, they shall be understood to include amendments thereto or their successor agreements entering into force for both Parties on the date of signature of this Agreement or thereafter. If any matter arises regarding the implementation or application of this Agreement as a result of such amendments or successor agreements, the Parties may, upon request of either Party, consult with each other with a view to finding a mutually satisfactory solution.

Article 57. Entry Into Force

1. This Agreement shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for the entry into force of this Agreement.

2. The written notifications referred to in paragraph 1 shall be sent to the Secretary-General of the Council of the European Union and, to the Ministry of Foreign Affairs of Angola, National Director for International Cooperation.

Article 58. Languages and Authentic Texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, and Swedish languages, each of these texts being equally authentic.

Conclusion

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have signed this Agreement.

Done at ..., this ... day of ... in the year ...

For the European Union

For the Republic of Angola

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  • Chapter   I GENERAL PROVISIONS 1
  • Article   1 Objectives 1
  • Article   2 Scope 1
  • Article   3 Definitions 1
  • Article   4 Most Favoured Nation Treatment 1
  • Article   5 Measures Against Corruption and other Illegal Activities 1
  • Chapter   II TRANSPARENCY AND PREDICTABILITY 1
  • Article   6 Administration of Measures of General Application 1
  • Article   7 Publication Requirements 1
  • Article   8 Publication In Advance and Opportunity to Comment 1
  • Article   9 Transparency of the Investment Framework 1
  • Article   10 Transparency of Investment Incentives 1
  • Article   11 Linkages with the Host Economy 1
  • Article   12 Disclosure of Confidential Information 1
  • Chapter   III STREAMLINING OF AUTHORISATION PROCEDURES 1
  • Article   13 Scope 1
  • Article   14 Submission of Applications 1
  • Article   15 Application Timeframes 1
  • Article   16 Electronic Applications and Acceptance of Copies 1
  • Article   17 Processing of Applications 1
  • Article   18 Fees 1
  • Article   19 Objectivity, Impartiality and Independence 1
  • Article   20 Publication and Information Available 1
  • Article   21 Development of Measures 2
  • Chapter   IV FOCAL POINTS AND INVOLVEMENT OF STAKEHOLDERS 2
  • Article   22 Investment Facilitation Focal Points 2
  • Article   23 Problem-solving Mechanisms 2
  • Article   24 Domestic Inter-agency Coordination 2
  • Article   25 Regulatory Coherence and Impact Assessments 2
  • Article   26 Stakeholder Consultation and Periodic Reviews 2
  • Article   27 Non Application of Dispute Settlement 2
  • Chapter   VI INVESTMENT AND SUSTAINABLE DEVELOPMENT 2
  • Article   28 Objectives 2
  • Article   29 Right to Regulate and Levels of Protection 2
  • Article   30 Multilateral Labour Standards and Agreements 2
  • Article   31 Multilateral Environmental Governance and Agreements 2
  • Article   32 Investment and Climate Change 2
  • Article   33 Investment Contributing to Sustainable Development 2
  • Article   34 Corporate Social Responsibility and Responsible Business Conduct 2
  • Article   35 Investment and Gender Equality 2
  • Chapter   VI DISPUTE AVOIDANCE AND SETTLEMENT 2
  • Article   36 Consultations 2
  • Article   37 Mutually Agreed Solutions 2
  • Article   38 Arbitration 2
  • Article   39 Transparency 2
  • Article   40 Time Periods 2
  • Article   41 Mediation Procedure 2
  • Chapter   VII COOPERATION AND INSTITUTIONAL PROVISIONS 2
  • Article   42 Technical Assistance and Capacity-building for Investment Facilitation 2
  • Article   43 Committee on Investment Facilitation 2
  • Article   44 Functions of the Committee on Investment Facilitation 2
  • Article   45 Decisions and Recommendations of the Committee on Investment Facilitation 2
  • Article   46 Dialogue with Civil Society 2
  • Chapter   VIII FINAL PROVISIONS 3
  • Article   47 General Exceptions 3
  • Article   48 Security Exceptions 3
  • Article   49 Relations with the Cotonou Agreement 3
  • Article   50 Duration 3
  • Article   51 Termination 3
  • Article   52 Territorial Application 3
  • Article   53 Amendments 3
  • Article   54 Accession of New Member States to the European Union 3
  • Article   55 Rights and Obligations Under this Agreement 3
  • Article   56 References to Laws and other Agreements 3
  • Article   57 Entry Into Force 3
  • Article   58 Languages and Authentic Texts 3