Fisheries; air and maritime transport, and related activities; banking, insurance, securities, and other financial services; and one-way satellite transmissions of direct-to-home (DTH) and direct broadcast satellite (DBS) television services and of digital audio services,
3. Each Party agrees to accord national treatment to covered investment under this treaty in the following sectors:
Leasing of minerals and pipeline rights-of-way on government lands
Protocol
1. The parties confirm their mutual understanding that nothing in Article VI shall be construed to prohibit the Parties from requiring environmental impact statements, environmental management plans, or other such measure of public health and safety, provided all such measures are otherwise consistent with the other provisions of the treaty.
2. With respect to Article VII, the Republic of Mozambique confirms that the Treaty shall serve to satisfy the requirements for any and all authorizations necessary under its laws for engagement of foreign nationals as top managers.
3. The Parties confirm their mutual understanding that the provisions of this Treaty do not bind either Party in relation to any act or fact which took place or any situation which ceased to exist before entry into force of this Treaty.
Attachments
December 1, 1998.
Dear Minister Simao:
I have the honor to confirm the receipt of your letter that reads as follows:
"Dear Madame Ambassador:
I have the honor to confirm the following understanding that was reached between the Republic ofMozambique and the United States of America in the course of negotiations of the Treaty Concerning the Encouragement and Reciprocal Protection of Investment (the "Treaty").
For the purpose of fulfilling its obligations under Article ll of the Treaty, the Republic of Mozambique will implement the provisions of its Law No. 19/97 (The Land Law), and any other provision of law that relates to the same or substantially the same subject matter, in a manner that provides covered investments with the treatment and opportunities afforded in like situations to national individual persons and juridical persons deemed to have Mozambican nationality, whether for profit or not for profit, including but not limited to national corporate persons.
I have the honor to propose that this understanding be treated as an integral part of the Treaty.
I would be grateful if you would confirm that this understanding is shared by your Government."
I have the further honor to confirm that this understanding is shared by my Government and that this understanding be treated as an integral part of the Treaty.
Sincerely,
Charlene Barshefsky
His Excellency
Leonard Santos Simoa,
Minister of Foreign Affairs and Cooperation, Mozambique.
Attachments
U.S. Department of State
Office of Language Services
Translating Division
LS No. 0400004
JPM
Portuguese
Her Excellency Charlene Barshefsky
United States Trade Representative
Madam Ambassador:
I have the honor to confirm the following understanding that was reached between the Republic of Mozambique and the United States of America in the course of negotiations of the Treaty Concerning the Encouragement and Reciprocal Protection of lnvestment.
For the purpose of fulfilling its obligations under Article II ofthe Treaty, the Republic of Mozambique will implement the provisions of its Law No. 19/97 of October 1 (Land Use and Development Law) and any other provision of law that relates to the same or substantially the same subject matter, in a manner that provides covered investments with the treatment and opportunities afforded in like situations to national individual persons and juridical persons deemed to have Mozambican nationality, whether for profit or not for profit, including but not limited to national corporate persons.
I have the honor to propose that this understanding be treated as an integral part ofthe Treaty.
I should be grateful if you would confirm that this understanding is acceptable to your government.
Washington, December 1, 1998
Leonardo Santos Simao
Minister of Foreign Affairs and Cooperation