The annexed Protocol is an integral part of this Agreement.
Article 27. Application of the Agreement
(1) This Agreement shall apply to investments made in the territory of either Contracting Party in accordance with its legislation by investors of the other Contracting Party prior to as well as after the entry into force of this Agreement.
(2) This Agreement applies in the territory of the Contracting Parties and at all levels of government.
(3) This Agreement shall not apply to claims which have been settled or procedures which have been initiated prior to its entry into force.
Article 28. Consultations
Each Contracting Party may propose to the other Contracting Party consultations on any matter relating to this Agreement. These consultations shall be held at a place and at a time agreed upon through diplomatic channels.
Article 29. Entry Into Force
(1) The Contracting Parties shall notify each other in writing on the compliance with their constitutional requirements in relation to the approval and entry into force of this Agreement.
(2) This Agreement shall enter into force 60 days after the date on which the last notification referred to in paragraph (1) above has been received by the Contracting Party in question.
Article 30. Duration and Termination
(1) This Agreement shall be in force for an initial period of ten years and shall remain in force thereafter for an indefinite period of time, unless terminated in accordance with paragraph (2).paragraph (2).
(2) Either Contracting Party may terminate this Agreement at the end of the initial ten years period or at any time thereafter, by given a twelve months written notice to the other through diplomatic channels.
(3) With respect to investments made before termination of this Agreement, its provisions shall continue to be effective with respect to such investments for a period of ten years after the date of termination
Conclusion
DONE at ___, in___, in duplicate, in the German, Spanish and English languages, each text being equally authentic. In case of divergence of interpretation the English text shall prevail.
For the United Mexican States:
For the Republic of Austria:
Attachments
On signing the Agreement between the United Mexican States and the Republic of Austria on the Promotion and Protection of Investments, the undersigned plenipotentiaries have, in addition, agreed on the following provisions which shall be regarded as an integral part of the said Agreement:
Ad Article (1)
(a) For greater clarity, the Contracting Parties agree to cover under Article (1), paragraph (2) and under Article (7) only those investments which are created for the purpose of establishing lasting economic relations with an undertaking such as, in particular, investments which give the possibility of exercising an effective influence on the management thereof.
(b) The term "indirectly" shall cover only those situations where both the subsidiary and its investment are located in the territory of the same Contracting Party.
Ad Article (10)
Pursuant to Article (10), an alleged breach of this Agreement must be causally linked to loss or damage to the investor or its investment for the investor to have standing to bring the claim against the host State. Notwithstanding, if a damage were imminent, it would not need to have been incurred before the dispute is submitted to arbitration but, in any case, the damage must have had occurred in order for the arbitral tribunal to decide accordingly, except in the case of Article (18), paragraph (1) a) and d).