Russia Model BIT (2016)
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Section VI. General Exceptions

Article 59.

59. The provisions of the Agreement shall not prevent the Parties to the Agreement from taking measures on a non-discriminatory basis that are necessary to protect human, animal or plant life or health, the environment, exhaustible natural resources, public morals or public order, consumer rights, cultural, historical or archaeological heritage, personal data or other confidential information with dissemination restricted in accordance with the legislation of the Party to the Agreement that implements such measures, as well as measures to combat corruption, laundering of proceeds from crime and terrorism.

Article 60.

60. The provisions of the Agreement should not prevent the Parties to the Agreement from taking prudential measures, as it is provided for inter alia in paragraph 2 of the Annex on Financial Services of the GATS.

Article 61.

61. The provisions of the Agreement shall not prevent the Parties to the Agreement from taking measures necessary to protect essential security interests relating to emergencies in international relations, including war, relating to the supply for the needs of armed forces and law enforcement agencies, relating to the supply of fissionable materials or materials from which they are derived.

Article 62.

62. The provisions of the Agreement shall not prevent the Parties to the Agreement from taking measures necessary to fulfill their obligations under the United Nations Charter. The Parties to the Agreement shall immediately notify each other of taking such measures if they can affect the investments of their investors.

Article 63.

63. Measures adopted by a Party to the Agreement on the grounds provided for in paragraphs 61 and 62 of this document shall not be subject to arbitration in case of disputes arising between an investor of one Party to the Agreement and the other Party to the Agreement.

Section VII. Other Obligations

Article 64.

64. The Agreement shall not prevent a Party to the Agreement from according investors of the other Party to the Agreement treatment more favourable than the treatment fixed in the Agreement if this treatment is provided for in its national legislation or international agreements that all Parties to the Agreement are party to.

Article 65.

65. The Parties to the Agreement shall not use reduction or understating of environmental or labour standards, easing of legislation on the fight against corruption, international terrorism or laundering of money derived from criminal offences, as tools to attract investment into their territory.

Article 66.

66. The Agreement shall provide for effective instruments for exchange of information related to the current legislation and policies on investment attraction and regulation of the Parties to the Agreement and for consultations on any matters related to the interpretation, application and revision of the Agreement, including through the establishment of a joint committee consisting of representatives of the Parties to the Agreement, as well as a provision on the formation and functioning of such a joint committee.

Article 67.

67. The Agreement shall provide that nothing in the Agreement shall be construed as requiring the Parties to the Agreement to disclose confidential information.

Section VIII. Disputes between the Parties to the Agreement

Article 68.

68. The Agreement shall provide that the Parties to the Agreement should seek to resolve disputes that arise between them in connection to the Agreement amicably through consultations.

Article 69.

69. The Agreement shall provide that in case of a dispute between the Parties concerning the interpretation or application of the Agreement, either of the Parties to the Agreement may send a notification to the other Party to the Agreement with a proposal to initiate consultations relating to the dispute.

Article 70.

70. Depending on the situation, the Agreement may provide that if such consultations have not been initiated or have not led to mutually beneficial resolution of the dispute within 6 months from the date the notification with a proposal to initiate consultations was sent, either of the Parties to the Agreement may send the other Party to the Agreement a notification of arbitration.

Article 71.

71. If the Agreement contains a provision on dispute settlement through arbitration, it shall stipulate that arbitral tribunal formed by parties to the dispute shall consist of 3 members, one of which serves as chairman of the tribunal. The Agreement shall determine the procedure for appointing the members of the arbitral tribunal, including its chairman, in case the parties to the dispute are unable to perform the necessary appointments.

Article 72.

72. The Parties to the Agreement may agree upon and specify in the Agreement a list of individuals to be used by the parties to the dispute when appointing members of the arbitral tribunal.

Article 73.

73. The Agreement shall provide that the arbitration award is binding on the parties to the dispute.

Article 74.

74. In accordance with the Agreement, each party to the dispute shall bear the expenses related to the activities of its appointed member of the arbitral tribunal and of its representation in the arbitration proceedings. The costs relating to the chairman’s work and other expenses shall be born by the parties to the dispute in equal shares. The tribunal may provide for in its award that one of the parties to the dispute shall bear a larger share of the costs.

Section IX. Final Provisions

Article 75.

75. The Agreement shall enter into force from the date of receipt through diplomatic channels of the last written notification that the Parties to the Agreement have completed internal legal procedures necessary for its entry into force.

Article 76.

76. The Agreement shall provide for an initial (not less than 10 years) period of duration of the Agreement, during which it cannot be terminated by either of the Parties unilaterally. Upon expiration of this period it may automatically extend for periods defined in the Agreement, unless one of the Parties to the Agreement sends written notice of its intention to terminate the Agreement to the other Party to the Agreement through diplomatic channels at least 12 months prior to the expiration of the current period of duration of the Agreement.

Article 77.

77. Upon termination of the Agreement its provisions shall continue in effect in respect of investments made prior to its termination date and existing on the date of termination, during the next 10 years, unless the Parties to the Agreement agree otherwise during its termination.

Section X. Other Provisions

Article 78.

78. The presence or absence of any provision in this document does not predetermine the specific content of an Agreement.

Conclusion

Article 79.

79. This document cannot be used to interpret provisions of agreements that were concluded prior to the entry into force of the Resolution of the Government of the Russian Federation of 30 September 2016 Ne 992 "On the conclusion of international agreements of the Russian Federation on the promotion and protection of investments" or that will be concluded after the entry into force of this resolution.

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  • Section   I Objectives of Concluding an Agreement 1
  • Article   1 1
  • Section   II Scope of Application of an Agreement 1
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  • Section   III Terms of Admission of Investments and Activities of Investors 1
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  • Section   IV Protection of Investments of Investor 1
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  • Section   V Resolution of Disputes between the Investor of One Party to the Agreement and the other Party to the Agreement 1
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  • Section   VI General Exceptions 2
  • Article   59 2
  • Article   60 2
  • Article   61 2
  • Article   62 2
  • Article   63 2
  • Section   VII Other Obligations 2
  • Article   64 2
  • Article   65 2
  • Article   66 2
  • Article   67 2
  • Section   VIII Disputes between the Parties to the Agreement 2
  • Article   68 2
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  • Section   IX Final Provisions 2
  • Article   75 2
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  • Article   77 2
  • Section   X Other Provisions 2
  • Article   78 2
  • Article   79 2