5. "Direct or indirect measures t antamount to expropriation" as us ed in Article III(l) may include the levying of taxes equivalent to indirect expropriation, the compulsory sale of all or part of an investment, or the impairment or deprivation of the managemen t, control, or economic value of an investment.
6. The term "top managerial personnel" within the meaning of Article II(5)(b), shall include executive personnel who are responsible, singly or join tly, for making major decisions concerning the establishment or operation of an investment.
7. "Territory" within the meaning of Article I(f)(ii) encompasses: (a) For the Republic of Zaire: All Zairian territory within its geographical and political boundaries where its sovereignty is exercised. (b) For the United States of America: the separate States, the District of Columbia, and Guam, Puerto Rico, American Samoa and the Virgin Islands.
8. The definition of company used in Article I paragra ph (a) is limited to the purposes of this Treaty, and is without prejudice to the distinction among juri dical entities under the laws of the United States and Zaire.
IN WITNESS WHEREOF, the respective pleni potentiaries have signed this Protocol DONE in duplicate at Washington on the third day of August 1984 in the English and French languages, both texts being equally authentic.
FOR THE UNITED STATES OF AMERICA: WILLIAM E. BROCK. FOR THE REPUBLIC OF ZAIRE: UMBA-DI-LUTETE.