Egypt - Saudi Arabia BIT (2024)
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1. Each Contracting Party shall, to the extent practicable, publish its legislation, procedures, administrative decisions, and judicial rulings of general application, as well as international agreements, that relate to or affect investment activities, unless they are confidential.

2.é Each contracting party shall, to the extent practicable and upon request by the other contracting party, promptly respond to inquiries and provide the other contracting party with information regarding the matters set forth in paragraph (1) of this Article.

3. The provisions of paragraphs (1) and (2) of this Article as obligating either contracting party to disclose confidential information whose disclosure could impede law enforcement, harm the public interest or national security, violate privacy, or harm legitimate commercial and investment interests,

4. The Contracting Parties shall cooperate, to the extent practicable, to promote transparency in investment policies, regulations, and procedures relevant to the investors of the other Contracting Party and their investments.

5. All information, data, and documents exchanged between the Contracting Parties in connection with the implementation of this Agreement are considered to be strictly confidential and may not be disclosed by either Contracting Party to any third party without the prior written consent of the other Contracting Party, except for those officially published by either Contracting Party.

Chapter III. Obligations and Responsibilities of Investors

Article 14. Compliance with Legislation

1. The investor shall establish, operate, and manage its investments in accordance with the host Contracting Party's legislation, and in particular:

(a) Compliance with health and environmental protection, consistent with the objectives of climate change mitigation and adaptation.

(b) Respect the standards adopted by the host Contracting Party regarding corporate social responsibility or responsible business practices with the aim of contributing to sustainable development.

(c) Compliance by the investor and its investments with the laws of the host Contracting Party, including any exemptions or privileges granted to government entities, bodies, or agencies, or to those exercising public authority.

(d) Compliance with the tax laws of the host Contracting Party, including the fulfillment ofall tax obligations,

(e) The investor shall not commit fraud or provide false information regarding its investments in violation of the host contracting party's laws.

(f) Not engaging in corrupt practices or offering, promising, or granting any undue funds or other benefits, for the purpose of obtaining any advantage regarding the proposed investment, licenses, permits, contracts, or any other rights related to the investment.

2. In no case shall this Article be interpreted as conflicting with the obligations set forth in this Agreement.

Article 15. Investment and Issues Related to the Environment, Labor, Anti- Corruption, and Competition Protection

1. The Contracting Parties recognize the right of each Party to take appropriate measures and actions to prevent and combat corruption related to investments made in its territory, in accordance with its legislation and international obligations,

2. The Contracting Parties recognize the right of each Party to take appropriate measures and actions regarding the protection of competition and the prevention of monopolistic practices, in accordance with its legislation and international obligations.

3. The Contracting Parties recognize the right of each Party to determine its policies and priorities in the field of sustainable development, to establish appropriate levels of protection for the environment, public health, and workers' rights, and to adopt or amend its relevant legislation and policies, in accordance with its legislation and international obligations.

4. The Contracting Parties recognize the right of each Party to take appropriate actions and measures to combat money laundering and the financing of terrorism in the territory of the host Contracting Party, in accordance with its legislation and international obligations,

Chapter IV. Exceptions

Article 16. General Exceptions

1. Provided that the procedures and measures - set forth in this Article - in a manner that constitutes a means of arbitrary discrimination between investors in similar circumstances or constitutes a restriction on investment flows, nothing in this Agreement shall be construed as preventing any Contracting Party from taking any of the following actions and measures:

(a) To maintain public order (1) and public morals, or measures and procedures established and applied to protect human life or health.

(1) Public order refers to the preservation of any of society's fundamental interests,

(b) Necessary to protect the environment and conserve living or non-living natural resources.

(c) Necessary to protect public decency and preserve cultural and linguistic diversity.

(d) Necessary to ensure compliance with legislation that does not conflict with the provisions of this Convention, including legislation relating to the following:

1. The prevention of deceptive and fraudulent practices.

2. Protecting the privacy of natural and legal persons with regard to the processing and dissemination of personal data and safeguarding the confidentiality of records and accounts.

3. Protection of national monuments and treasures of artistic, historical, or archaeological value.

4. Combating corruption, money laundering, and terrorism.

5. Protection of competition and prevention of monopolistic practices.

2. For further clarification, the decision of the host Contracting Party not to grant, renew, or maintain support or incentives granted to the investor shall not constitute a violation of the provisions of this Agreement in the following circumstances:

(a) In the absence of a specific obligation under the law or a contract to grant, renew, or maintain the support or incentives; or (b) if this is in fulfillment of the terms or conditions for granting, renewing, or maintaining the support or incentives referred to; or (c)(if they are suspended pursuant to a ruling by a competent court in accordance with the legislation or contract under which the support or incentives were granted, and in all cases, the host contracting party may not be required to continue granting such support or incentives or to compensate the investor upon their suspension in the circumstances referred to.

3. Notwithstanding any provisions of this Agreement, neither Contracting Party shall be prevented from taking measures relating to financial services for prudential reasons, including measures to protect investors, depositors, or policyholders, or creditors of an investment project providing financial services, or to ensure the stability and soundness of its financial and banking system, provided that such measures are temporary and non-discriminatory, are applied generally, are not arbitrary, and do not exceed what is necessary to address such situations.

4. Without prejudice to the provisions of Article 10 of this Agreement, nothing in this Agreement shall be construed as obligating the host Contracting Party to pay compensation for the adoption or enforcement of any of the measures or actions referred to in paragraph 1 of this Article, provided that they are not arbitrary and are intended to protect the public interest.

Article 17. Security Exceptions

Nothing in this Agreement shall be construed to mean the following:

1. A requirement that either contracting party permit or provide access to any information whose disclosure would conflict with its essential security interests,

2 - Preventing either Contracting Party from taking measures in good faith to fulfill its obligations under the Charter of the United Nations regarding the maintenance or restoration of international peace and security, or to protect national security, or to safeguard its essential security interests, or to address serious national crises.

Article 18. Denial of Benefits of the Agreement

Either Contracting Party may exclude an investor of the other Contracting Party and its investments from the benefits of this Agreement, even if such exclusion occurs after the commencement of proceedings to settle any dispute between the investor and the host Contracting Party, in the following cases:

1. If it is determined that the investor has no genuine economic activity with the host Contracting Party, in accordance with the concept of genuine economic activity set forth in Article 1 of this Agreement,

2. If the investor is a legal entity that is directly or indirectly owned by, or controlled by, a natural or legal person affiliated with the host Contracting Party.

3. If the investor is a legal entity directly or indirectly owned by, or controlled by, a natural or legal person affiliated with a non-Contracting Party, and the host Contracting Party wishing to apply the exclusion:

(a) has no diplomatic relations with that non-Contracting Party;

(b) applies or continues to apply measures specific to that non-contracting party in either of the following cases:

1. The existence of measures related to the maintenance of international peace and security, including when there is a ban on economic dealings with the non-contracting party based on resolutions issued by the United Nations Security Council.

2. The existence of measures prohibiting dealings with the other non-contracting party, or any natural or legal person affiliated with it, such that dealing with the investor is prohibited, or that granting the benefits of this Agreement to the investor or its investments would be considered a violation of or circumvention of such measures.

4. If the investment is based on treaty shopping, whereby the investor - whether a natural or legal person - changes its nationality, establishes or acquires the investment, or alters its legal form or organizational structure at the time the event giving rise to the dispute occurs, or if the dispute was foreseeable or should have been foreseeable, for the purpose of benefiting from any provision of this Agreement, including dispute settlement mechanisms,

5. If the investor owns the investment indirectly through a chain of intermediary companies linking the investor to the investment, and the investor has not disclosed to the host Contracting Party that it is the owner of that investment in accordance with the host Contracting Party's legislation.

Chapter V. Settlement of Disputes between the Contracting Parties

Article 19. Settlement of Disputes between the Contracting Parties

1. Each Contracting Party shall give due consideration to and provide sufficient opportunity for amicable settlement, through consultation, direct negotiation, or mediation, of any dispute that may arise between the Contracting Parties regarding the interpretation or application of this Agreement.

2. If the dispute cannot be settled within six (6) months from the start of negotiations, it shall be referred, at the request of either Contracting Party, to an arbitration panel for resolution. The arbitration panel shall consist of three (3) arbitrators, with each Contracting Party appointing one arbitrator within sixty (60) days from the date either Contracting Party receives a notice from the other Contracting Party requesting that the subject matter of the dispute be submitted to arbitration; the two appointed arbitrators shall agree on the third arbitrator. In such a case, the third arbitrator, who shall serve as the chair of the arbitral tribunal, must be appointed within a further period of 30 days; provided that the third arbitrator shall be a national of a third country with which both Contracting Parties maintain diplomatic relations.

3. In the event that the time limits set forth in paragraph (2) above are not observed, either Contracting Party may, in the absence of any other arrangement, invite the President of the International Court of Justice to make the necessary appointments; If the President is a national of either Contracting Party or is otherwise unable to perform the said function, the Vice-President of the International Court of Justice shall make the necessary appointments, and if the Vice-President is a national of either of the contracting parties or is otherwise unable to perform the said function, the next member of the Court in seniority - who is not a national of either of the Contracting Parties - shall make the necessary appointments.

4. Unless the Contracting Parties agree otherwise, the arbitral tribunal shall determine its own rules and procedures, and sh al adjudicate the dispute in accordance with the provisions of this Agreement and the rules of international law applicable to the dispute; The arbitral tribunal shall render its decisions within a reasonable period of time by a majority vote, and such decisions shall be final and binding on both Contracting Parties.

5. Each Contracting Party shall bear the costs of the arbitrator it has appointed and the costs of its representation in the arbitration proceedings, and the contracting parties shall bear equally the costs of the chairperson of the arbitration panel performing his or her duties and any other remaining costs.

Chapter VI. Settlement of Disputes between the Investor and the Host Contracting Party

Article 20. General Provisions

1. The provisions of this Chapter apply to disputes arising between a host contracting party (referred to in this Chapter as "Disputing Contracting Party") and an investor affiliated with the other Contracting Party (referred to in this Chapter as the "Disputing Investor"), hereinafter collectively referred to as the "Disputing Parties," as a result of loss or damage suffered by the disputing investor due to an alleged violation of any right granted under this Agreement by the disputing Contracting Party, with respect to the disputing investor's investments in the territory of the disputing Contracting Party and subject to the provisions of this Agreement.

2. The provisions of this Chapter shall not prejudice the right of the disputing investor to seek administrative or judicial settlement with the disputing Contracting Party.

Article 21. Amicable Settlement and Domestic Remedies

In the event of an investment dispute under this Chapter, the disputing parties shall firstseek to resolve the dispute amicably through conciliation, provided that the conciliation period shall not be less than (18) months from the date the disputing investor submits a written notice requesting amicable settlement of the dispute to any authority concerned with the dispute regarding investments in the territory of the Kingdom of Saudi Arabia, or to the settlement committees provided for in the Investment Law regarding investments in the territory of the Arab Republic of Egypt.

Article 22. Notice of Referral for Arbitration

If the disputing investor considers that the investment dispute cannot be resolved through consultation, negotiation, and amicable settlement after the expiration of the period referred to in Article (21) of this Agreement, the disputing investor intending to submit the subject matter of the dispute to arbitration in accordance with this Article must notify the disputing Contracting Party in writing at least ninety (90) days prior to the date of filing its request, provided that such notice includes the following information:

(a) The name and address of the disputing investor.

(b} The specific actions taken by the disputing investor in the dispute, along with a summary of the facts and the legal basis for the dispute sufficient to clearly present the issue, including the obligations set forth in this Agreement and the alleged breach thereof.

(c) The arbitration procedure set forth in Article (23) of this Chapter, as selected by the disputing investor,

(d) The relief sought and its approximate value for the alleged losses and damages.

Article 23. Recourse to Arbitration

1. An investor involved in a dispute may submit the investment dispute in accordance with the provisions of this Chapter only after fulfilling all of the following requirements:

(a) If a period of (18) months has elapsed from the date on which the disputing investor submitted a written notice to the disputing contracting party requesting an amicable resolution of the investment dispute in accordance with Article (21) of this Agreement,

(b) A period of 90 days has elapsed from the date of submission of the notice referred to in Article 22 of this Agreement to the disputing Contracting Party, and no resolution has been reached between the disputing parties,

(c} If the investor, or any person directly or indirectly owned or controlled by the investor, oris in turn directly or indirectly subject to its control, has previously filed a claim relating to the same act or facts that are the subject of the investment dispute before any arbitral tribunal or court established under another international agreement signed by the Contracting Parties relating to the promotion and protection of investments,

(d) If the investor submits a written waiver of its right to bring a claim regarding the same act or facts that are the subject of the investment dispute before an arbitral tribunal or court established under another bilateral or multilateral international agreement signed by the contracting parties relating to the promotion and protection of investments.

2- Without prejudice to the provisions of paragraph (1) of this Article, an investment dispute may be submitted to one of the following conciliation or international arbitration bodies:

(a) Conciliation or arbitration before the Intervationat Centre for Settlement of Investment Disputes (ICSID) in accordance with the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, signed in Washington on March 18, 1965 (hereinafter referred to as the "ICSID Convention"), if the Convention on the Settlement of Investment Disputes between States and Nationals of Other States isin force for the contracting parties, taking into account the notification submitted by the Kingdom of Saudi Arabia on May 8, 1980, in accordance with the relevant article of the aforementioned Convention, such that claims brought against either contracting party within the scope of the aforementioned notification shall be deemed inadmissible by the said Center.

(b) Conciliation or arbitration in accordance with the Additional Rules of the International Centre for Settlement of Investment Disputes, if the Convention on the Settlement of Investment Disputes between Investors and States is not in force for the Contracting Parties,

(c) Arbitration in accordance with the 2010 Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL),

(d) Any method of arbitration in accordance with other arbitration rules agreed upon by the disputing parties,

In all cases, the disputing investor's recourse to any of the means mentioned in paragraph (2) shall be considered a final choice precluding the investor from resorting to any other means.

3. Without prejudice to the provisions of subparagraph (c) of paragraph (1) of this Article, an investor may not resort to the arbitration or conciliation provided for in paragraph (2) of this Article if claim relating to a specific act has been brought by the investor or any person directly or indirectly owned or controlled by the investor, or who is in turn subject to its direct or indirect control, to any intemational dispute settlement mechanism, including if such a claim is based on domestic law or a contract, unless the investor or the person owned or controlled by it, directly or indirectly, withdraws its claim.

4. If a dispute is submitted under this Article to one of the arbitration or conciliation bodies referred to in paragraph (2) of this Article, the investor or any person directly or indirectly owned or controlled by the investor file a claim relating to the same act or facts that are the subject of the investment dispute before a national court, an administrative court, or any other domestic or international dispute resolution mechanism, including if such claim is based on domestic law, a contract, or another international agreement.

5. Without prejudice to the provisions of paragraph (6) of this Article, each Contracting Party agrees that the disputing investor may submit the investment dispute to arbitration or conciliation as provided for in paragraph (2) of this Article.

6. Approval of the settlement of an investment dispute in accordance with the provisions of this Article shall not be deemed to have been granted until all the conditions have been met and the time periods specified in paragraph (1) of this Article have elapsed.

7. The consent referred to in paragraph (5) above and the request for arbitration submitted by the disputing investor shall meet the following requirements:

(a) The provisions of Chapter II of the Convention of the International Centre for Settlement of Investment Disputes or the Additional Facility Rules of the International Centre for Settlement of Investment Disputes regarding the written consent of the disputing parties.

(b) The provisions of Article II of the New York Convention regarding written notice.

Article 24. Composition and Procedures of the Arbitral Tribunal

1. Unless the disputing parties agree otherwise, the arbitral tribunal referred to in paragraph (2) of Article (23) of this Chapter shall consist of three arbitrators, with each party appointing one arbitrator; and the parties shall agree on the appointment of the third arbitrator, who shall serve as the chair of the arbitral tribunal. If the disputing investor or the disputing party fails to appoint an arbitrator or arbitrators within ninety days from the date the investment dispute is submitted to arbitration, either disputing party may request the appointing authority to appoint an arbitrator or arbitrators from among those not yet appointed, subject to the requirements of paragraphs (3) and (4) of this Article.

2. The term "appointing authority" refers to the Secretary-General of the Intemational Centre for Settlement of Investment Disputes (ICSID) if the disputing investor elects arbitration under the ICSID Convention or the Additional Rules pursuant to subparagraphs (ajand (b) of paragraph (2) of Article (23), or the Secretary- General of the Permanent Court of Arbitration in the event that the disputing investor chooses arbitration in accordance with the UNCITRAL Arbitration Rules pursuant to subparagraph (c) of paragraph (2) of Article (23).

3. Unless the disputing parties agree otherwise, the third arbitrator shall be a national of a third State with which both contracting parties maintain diplomatic relations, and shall not have his or her habitual residence in the territory of either contracting party.

4. The arbitrators must possess the required qualifications, and each arbitrator must be independent and impartial, and must avoid any direct or indirect conflict of interest.

5. Arbitration proceedings shall be held in a State party to the "New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards," unless the disputing parties agree otherwise.

Article 25. Applicable Law

1. The arbitral tribunal constituted in accordance with the preceding article shall apply this Convention as interpreted in accordance with the Vienna Convention on the Law of Treaties and other rules of international law applicable between the contracting parties,

2. Arbitral tribunals shall not have jurisdiction to determine the legality of the disputed act alleged to constitute a violation of the provisions of this Convention under the laws of the host Contracting Party, and if an assessment of the compatibility of the said measure with this Convention requires reference to the legislation of the host Contracting Party, the arbitral tribunal shall take into account the legislation of the the host contracting party as a matter of fact; in such a case, the arbitral tribunal is required to follow the prevailing interpretation of the host contracting party’ legislation as determined by the courts or competent judicial authorities of that contracting party, and theinterpretations of the law issued by arbitral tribunals shall not be binding on the courts or authorities of that Contracting Party.

Article 26. Decisions of the Arbitral Tribunal

1. The arbitral tribunal may order provisional measures to protect and preserve the rights of the disputing investor or to facilitate the conduct of the arbitration proceedings, including the issuance of an order to preserve evidence in the possession or under the control of either of the disputing parties; The Arbitral Tribunal may not issue an order for attachment or to prevent the implementation of the measure alleged to constitute the violation referred to in Article (20) of this Agreement.

2. The award issued by the arbitral tribunal shall not include restitution of the property to its original state; and in the event of an award of compensation, the arbitral tribunal may award simple, non- compound interest to be added to the compensation due if the host contracting party delays payment beyond a period of not less than 180-days from the date the investor requests enforcement of the arbitral award; provided that the interest shall be compound if the delay exceeds two years from the date of expiration of the aforementioned grace period until the date of payment.

3. The award issued by the arbitral tribunal shall not include punitive provisions or provisions relating to compensation for non-pecuniary damages,

4. The award issued by the arbitral tribunal pursuant to this Article shall be final and binding on the disputing parties, and the disputing contracting party shall implement the provisions of such award and take the necessary measures to enforce it in accordance with its laws.

5. When determining liability and/or the amount of compensation, the arbitral tribunal must take into account the investor's contribution through its conduct, whether by act or omission, negligence, or breach of the investor's obligations as set forth in the host contracting party's legislation, in relation to the damage arising from the act in dispute for which compensation is sought.

Article 27. Exceptions to Recourse for Arbitration

1. Disputes relating to breaches of concession contracts, licenses, authorizations, permits, or any legal instrument or similar contract - between the investor and the host contracting party or any of its agencies, bodies, or affiliated companies in accordance with the dispute resolution mechanism contained in such concessions, licenses, authorizations, permits, or relevant contracts; and for the sake of certainty, the provisions of this Chapter, including recourse to international arbitration, shall not apply thereto.

2. The right to initiate arbitration proceedings is limited to the investor; claims filed on behalf of a group consisting of an unspecified number of claimants shall not be accepted.

3. In no event may an investment dispute be submitted to arbitration under this Chapter if more than three years have elapsed from the date on which the disputing investor knew or ought to have known of the alleged breach of this Agreement and the alleged material losses and damages resulting from such breach; and the running of that period shall be suspended during the period of recourse to the remedies provided for in Article (21) of this Agreement,

4. The arbitral tribunal shall refrain from hearing the investment dispute if it is established that the investment was created or established, or expanded - if the investment dispute relates to such expansion - through fraud, administrative corruption, or any unlawful act, or obtained through fraud or corruption.

Article 28. Third-Party Funding of Arbitration

1. In the case of arbitration proceedings funded by a third party (other than the disputing parties), the following must be observed:

(a) The disputing investor must submit a written notice containing the name and address of any third-party from whom the disputing investor, its affiliate, or its legal representative has received, directly or indirectly, funds or support for the purpose of instituting or pursuing litigation proceedings, whether by way of a donation or in exchange for consideration; and ifthe third party providing the financing or support is a legal entity, the aforementioned notice must include the names of the persons and entities that own and control that legal entity, The aforementioned notice must be submitted immediately upon the conclusion of the financing contract or agreement, including any material changes that may occur to the said financing contract or agreement, and this obligation shall remain in effect throughout the arbitration proceedings.

(b) The existence of a contract or agreement for third-party funding shall be taken into account when considering a potential conflict of interest involving an arbitrator, expert, or legal representative, as well as when considering a request by a disputing party for an advance on arbitration costs,

(c) If it is found that there is a contract or agreement for third-party funding that was not disclosed and this raises justified doubts regarding a conflict of interest, this shall constitute grounds for considering that the arbitral award was rendered in clear violation of one of the fundamental rules of procedure agreed upon by the disputing parties.

(d) The arbitral tribunal shall take into account any violation of the provisions of this Article when ruling on arbitration costs.

2. In any event, the disclosure of the information referred to in paragraph (1) of this Article and relating to a third-party financing contract or agreement does not grant the third party ("the financier") the right to join the arbitration proceedings as a party; nor does the financing agreement grant the third-party financier any right granted to the investor under this Convention; it is hereby understood that the financing agreement shall not be considered a form of investment, nor shall the third-party financier be considered an investor for the purposes of applying the provisions of this Convention.

Chapter VIII. Final Provisions

Article 29. Relationship with World Trade Organization Agreements and other International Agreements

Nothing in this Agreement shall be construed as conflicting with the rights and obligations of either Contracting Party under the World Trade Organization pursuant to the provisions of the World Trade Organization Agreement or any other multilateral international agreements to which both Contracting Parties are parties,

Article 30. Joint Working Group

The Contracting Parties shall establish a Joint Working Group on Investment (hereinafter referred to as the "Joint Working Group"), whose primary function shall be to discuss any investment-related matter pertaining to this Agreement, with a view to regulating mutual investment activities as well as to submit proposals regarding mechanisms to encourage and facilitate mutual investment and proposals to amend this Agreement; the Contracting Parties shall agree on the detailed tasks of the Joint Working Group.

The Working Group shall meet as necessary, either independently or within the framework of bilateral cooperation mechanisms between the Contracting Parties.

Article 31. Entry Into Force of the Agreement

This Agreement shall enter into force thirty (30) days after the date of the last exchange of notifications through diplomatic channels confirming the completion of the legal procedures necessary for its entry into force, This Agreement shall remain in force for a period of ten (10) years from the date of its entry into force, and shall be renewed for similar periods, and shall remain in force unless terminated as provided for in Article (33) of this Agreement, The provisions of this Agreement shall apply to all investments of investors of the Contracting Parties made after the entry into force of this Agreement, and the provisions of this Agreement shall apply to all investments of investors of the Contracting Parties established in accordance with the legislation of the host Contracting Party, which were made prior to the entry into force of this Agreement, Furthermore, the provisions of this Agreement shall apply to new facts arising after the date of entry into force of this Agreement, even if they relate to investments by investors of the Contracting Parties made prior to the entry into force of this Agreement.

In any event, the provisions of this Agreement shall not apply to the following:

1. Claims, demands, or disputes that arose or were settled prior to the entry into force of this Agreement.

2. Claims, demands, or disputes that may arise in the future after this Agreement enters into force regarding the following:

(a) Events that occurred prior to the entry into force of this Agreement, everrif they fave continuing effect as a result of a measure taken or that should have been taken.

(b) Compound events, any of the facts of which occurred prior to the entry into force of this Agreement.

(c) Events occurring after this Agreement enters into force that are directly related to events that occurred before this Agreement entered into force,

Article 32. Review and Amendment of the Agreement

The contracting parties shall consult, within five years of the entry into force of this Agreement, through the Joint Working Group, to review the implementation of this Agreement or its interpretation and to take any additional measures necessary to further promote and protect investments, or to discuss any amendments proposed by either Contracting Party.

This Agreement may be amended by mutual agreement of the Contracting Parties in writing, and shall be implemented as a protocol signed by the contracting parties; this protocol shall be considered an integral part of this Agreement and shall enter into force in accordance with the procedures stipulated in Article (31) of this Agreement.

Article 33. Termination of the Agreement

A Contracting Party may notify the other Contracting Party of its desire to terminate this Agreement at the end of the first ten-year term or at any time thereafter by one year's prior written notice shall be given to the other Contracting Party through diplomatic channels. With respect to investments made prior to the date of termination of this Agreement, the provisions of this Agreement shall remain in effect for a period of five (5) years from the date of its termination.

Conclusion

This Agreement was signed in Cairo on Tuesday, 12 Rabi' al-Thani 1446 AH, corresponding to October 15, 2024, in two original copies in the Arabic language.

For the Government of the Arab Republic of Egypt

Hassan Mohamed Hassan Al-Khatib

Minister of Investment and Foreign Trade

For the Government of the Kingdom of Saudi Arabia

Khalid bin Abdulaziz Al- Falih  

Minister of Investment

Official Gazette - Issue No. 16 bis (B} on April 23, 202 52

Decision of the Minister of Foreign Affairs, Immigration, and Egyptian Expatriate Affairs No. 14 of 2025 Minister of Foreign Affairs, Immigration, and Egyptian Expatriate Affairs

Having reviewed Presidential Decree No, 607 of 2024, issued on December 31, 2024, regarding the approval of the “Agreement on the Promotion and Protection of Mutual Investments between the Government of the Arab Republic of Egypt and the Government of the Kingdom of Saudi Arabia”,

Upon the approval of the House of Representatives on March 10, 2025;

  • Chapter   I Definitions and Scope of the Agreement 1
  • Article   1 Definitions 1
  • Article   2 Scope of the Agreement 1
  • Chapter   II Obligations of the Contracting Parties 1
  • Article   3 Promotion, Acceptance, and Facilitation of Investment 1
  • Article   4 National Treatment 1
  • Article   5 Most- Favored-Nation Treatment 1
  • Article   6 Compensation for Losses 1
  • Article   7 Concept of Similar Circumstances In the Treatment of Investments 1
  • Article   8 Protection of Investments 1
  • Article   9 Entry, Temporary Residence, and Permanent Residence 1
  • Article   10 Expropriation and Compensation 1
  • Article   11 Remedies 1
  • Article   12 Transfers 1
  • Article   13 Transparency and Disclosure of Information 2
  • Chapter   III Obligations and Responsibilities of Investors 2
  • Article   14 Compliance with Legislation 2
  • Article   15 Investment and Issues Related to the Environment, Labor, Anti- Corruption, and Competition Protection 2
  • Chapter   IV Exceptions 2
  • Article   16 General Exceptions 2
  • Article   17 Security Exceptions 2
  • Article   18 Denial of Benefits of the Agreement 2
  • Chapter   V Settlement of Disputes between the Contracting Parties 2
  • Article   19 Settlement of Disputes between the Contracting Parties 2
  • Chapter   VI Settlement of Disputes between the Investor and the Host Contracting Party 2
  • Article   20 General Provisions 2
  • Article   21 Amicable Settlement and Domestic Remedies 2
  • Article   22 Notice of Referral for Arbitration 2
  • Article   23 Recourse to Arbitration 2
  • Article   24 Composition and Procedures of the Arbitral Tribunal 2
  • Article   25 Applicable Law 2
  • Article   26 Decisions of the Arbitral Tribunal 2
  • Article   27 Exceptions to Recourse for Arbitration 2
  • Article   28 Third-Party Funding of Arbitration 2
  • Chapter   VIII Final Provisions 2
  • Article   29 Relationship with World Trade Organization Agreements and other International Agreements 2
  • Article   30 Joint Working Group 2
  • Article   31 Entry Into Force of the Agreement 2
  • Article   32 Review and Amendment of the Agreement 2
  • Article   33 Termination of the Agreement 2