1. This Agreement shall apply to all investments made before or after its entry into force.
2. This Agreement may not be invoked to question previously settled dispute by exhaustion of domestic remedies, where there is res judicata protection, or any claim concerning an investment which has been resolved before the entry into force.
3. This Agreement can in no way restrict the rights and benefits which an investor of a Party enjoys under national or international law in the territory of the other Party.
Article 17. Final and Transitory Provisions
1. Considering the thematic breadth that issues related to investment demand, the Parties conclude that the main purpose of the creation of the aforementioned Joint Committee and Focal Points is the promotion of institutional governance in this area by establishing a specific forum and technical channels act as facilitators between governments and the private sector.
2. Neither the Joint Committee or focal points, formalized this Agreement supersede or prejudice in any way the established diplomatic action between countries or any other agreements signed by the Parties.
3. This Agreement shall enter into force thirty (30) days after the date of receipt of the notification, in writing and through diplomatic channels, that the domestic legal requirements of the Parties to this effect have been met, and remain in force for period of 20 years, automatically renewable for successive periods, unless one of the parties notifies the complaint to another with a minimum of 12 months.
Conclusion
Done at, in 2015, in duplicate in the Portuguese language, both texts being equally authentic.
THE FEDERAL REPUBLIC OF BRAZIL GOVERNMENT FOR THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE
Attachments
1. Payments and Transfers Cooperation between the respective financial authorities will aim to facilitate the remittance of foreign exchange and capital between the parties, within the applicable legal framework.
ii. Cooperation between monetary authorities will address, among others, the issues previously identified by the Central Bank of Brazil (BCB), the Brazilian Cooperation Agency (ABC) and the Bank of Mozambique in the following areas: risk management; payment system; financial inclusion; internal audit; document management, contracts and equity; strategic planning and human resources; or new topics to be agreed in the future.
2. Visas
i. The Facilitation of Visa Business Award from the Government of Mozambique and the Government of the Federative Republic of Brazil will be subject to a specific protocol to be signed between the two states.
3. Environmental legislation and technical regulations
i. Subject to the domestic legislation, the Parties shall make more expeditious, transparent and agile procedures for issuing documents, licenses and related certificates necessary for the prompt establishment and maintenance of the investments of the Parties.
ii. Any consultation of the Parties, and also their economic agents and investors in the commercial register, technical requirements and environmental standards receive diligent and timely treatment of the other Party.
4. Cooperation in sectoral legislation and institutional exchanges
i. The Parties shall promote institutional cooperation for the exchange of experience in the design and implementation of sectoral legislation.
ii. The Parties shall promote technological, scientific and cultural cooperation through the implementation of actions, programs and projects for the exchange of knowledge and experiences, in accordance with their mutual interests and development strategies.
The Parties agree that access to and the eventual technology transfer will be carried out as far as possible, without charge and to contribute to effective trade in goods, services and related investment.
iii. The Parties shall seek to promote, coordinate and implement cooperation for manpower training through greater interaction between national institutions.
iv. Will be created in cooperation forums and exchange of experiences of solidary economy, assessing support mechanisms to cooperatives, family agriculture programs and other solidary economic enterprises linked to investments made or to be made.
v. The Parties shall promote institutional cooperation for greater integration logistics and transport, in order to open new routes and increase, where possible and appropriate, its maritime connections and merchant fleets.
vi. The Parties shall also promote institutional cooperation for the development and planning / energy planning, including the management of cross-border entities, as well as models of environmental conservation, and carbon and water management.
vii. The Joint Committee may identify other areas of mutual interest for cooperation on sectoral legislation and institutional exchange.
Investors and their investments will develop its best efforts to observe the following voluntary principles and standards for responsible business conduct, consistent with the laws adopted by the State Party receiving the investment:
i. Foster economic, social and environmental progress in order to achieve sustainable development;
ii. Respect the human rights of those involved in the activities of these companies, consistent with international obligations and commitments of the receiving Party;
iii. Encourage the strengthening of local capacities, through close cooperation with the local community.
iv. Encourage the formation of human capital, in particular by creating employment opportunities and facilitating access of workers to training;
v. Refrain from seeking or accepting exemptions not established in the legislation of the receiving Party in relation to the environment, health, safety, labor, financial incentives or other issues;
vi. Support and maintain the principles of good corporate governance, and develop and apply good corporate governance practices;
vii. Develop and implement effective autorreguladas practices and management systems that foster mutual trust between companies and companies in which conduct their operations;
viii. Promote knowledge workers as the business policy through the appropriate dissemination of this policy, including using professional training programs;
ix. Refrain from discriminatory or disciplinary action against employees who make serious reports to management or, where appropriate, the competent public authorities, on practices breaking the law or violating the standards of good corporate governance to which the company is subject;
x. Encourage, where practicable, business partners, including contractors and service providers, to apply principles of corporate conduct consistent with the principles set out in this article;
xi. Respect the processes and local political activities.