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§3. Unification of investment legal regimes in the countries-participants ATES

In the Seoul declaration main objectives of creation and principles of action ATES are defined. On the basis of these established long-term economic targets the countries-participants ATES reach certain arrangements on gradual removal of obstacles in development of business cooperation.
Liquidation of unreasonable not tariff restrictions, access opening concern them on the market of services, liberalisation of the investment legislation, maintenance of mutual conformity of standards, simplification and harmonisation of customs procedures, intellectual property protection, creation of conditions for a healthy competition, liberalisation of the markets of public procurements, the coordination of rules about instructions of an origin of the goods, development of ways of settlement of disputes, development of business mobility, performance of decisions of the Uruguayan round of the WTO, maintenance of gathering, the analysis and information generalisation reduction of tariffs. Performance of a complex of these measures, predictably, will pour out in creation of system of free trade and investments to 2010г. For industrially developed countries, and to 2020г.-For developing countries. Regarding a problem of the further liberalisation of an order of the mutual admission of external investments on the markets of the country-participant of a forum support not discrimination approach to all countries-donors, granting of a national treatment for all kinds of the investment, including financial sector, services, a securities market, and also refusal of expropriation of investments, removal of obstacles at capital export, observance by the foreign investor on a level with own national legislation of laws, administrative rules and positions of the country of the recipient, the resolution of disputes by consultations and negotiations between the parties or through arbitration and other. These principles are formulated in the voluntary code of direct foreign investments ATES accepted by a ministerial meeting on the eve of the Bogorsky summit and which is the main tool of carrying out of unification of investment legal regimes in the countries-participants ATES. S.I.Ozhegova's explanatory dictionary treats "unification" as «reduction to uniformity», that should mean full coincidence of investment modes in the countries-participants ATES. Shumilov V.M.Mezhdunarodnoe the economic right. The book II. M: Open Company IKK "Deck", 2002. С.269. 253 In the modern right, and especially international private law unification is understood as development process in more or less wide international scale uniform national-rules of law, regulating the relations arising in sphere of international economic circulation. In present conditions unification is carried out mainly by means of the conclusion of contracts of international legal character though its other forms (for example are possible also, reproduction in the internal law by the separate states of positions or principles, approaches and the decisions containing in recommendatory documents by the nature, developed on the international level, - typical laws, the uniform regulations, the unified rules, interpretation rules i.t.d.). Unification problems - revealing of the general features, rules, customs in the internal law - creation of uniform rules of law and maintenance Uniform practice of their application, including through international the rights or і the international economic right.
Having arisen in the end of XIX century, idea of the world unification of the right of the international Trade has received not only a recognition of experts, but in many respects thanking them To the efforts leaning against requirements of practice, it has been officially recognised The states that was showed in creation in 1966г. The United Nations commissions by right International trade (JUNSITRAL) and in acceptance of considerable number The international conventions concerning the international exchange of the goods and services. Successful development of this process has allowed in the beginning at level of the scientific concept, and Then and at level of real practice to allocate special branch of law - the right International trade which is characterised by that it is not casual Set of rules, and consists of the norms formulated by the authoritative international The organisations, first of all the United Nations Organization, the Organization The American States, the European Union and others, in the form of the international Conventions which in turn are reflexion of practice and customs, Generalised authoritative international governmental and Non-governmental organisations (the European Economic Commission of the United Nations, unidrua, MMK, MTP and. Other). Acceptance by the separate states of the international The conventions developed by the specified organisations, causes that fact, that, Being incorporated in the right of these states, their rules are Identical, that not only was characteristic for the present stage of development of the right The international commerce, but also has allowed to pass to qualitatively new phenomenon, Shumilov V.M.Mezhdunarodnoe the economic right. The book I. M: Open Company IKK "Deck", 2002. С.124. 254 consisting in gathering and generalisation of practice of application of these conventions during consideration of the international commercial disputes by vessels and the international commercial arbitration of the various states. Occurrence and formation of unification of international trade were caused by several factors. First such factor were development of the international relations, maintenance with new communication media of mobility of the population, capitals and the goods, occurrence of numerous international contacts. The second factor was comprehension of necessity for the international commercial relations of own legal regulation designed equally in the various states. Supporting unification of the right of international trade, K.M.Shmittgoff underlined, that «the present world order is still based on the traditional convention of the national state which we should keep fidelity, however it is impossible to ignore growing tendencies to internationalisation which, despite separate failures, develops in new forms of the global and regional organisations. The reasons of such development well-known: As a result of unprecedented development of a science and technology the world becomes ever less, mass production of the agricultural and industrial goods demands larger markets, life standards everywhere increase, that also demands constant expansion of international trade... ». In the Soviet doctrine business factors as basic in occurrence and movement development for unification, were marked by all researchers of international private law, First of all, L.A.Lunts, B.S.Krylov, O.N.Sadikov, A.L.Makovsky, S.N.Lebedev, z A.S.Kamarov. Besides purely economic reasons of occurrence and comprehension of requirements in Unifications, it is necessary to allocate and factors of legal character, among which The major is the impossibility means only the national law to provide Adequate regulation of the international commercial relations. It was showed in The contradiction between international character of relations of the international Economic turn and national in the basis in the way of a regulation Vilkova N.G.international commercial contracts: the theory and practice of unification of legal regulation: Disd.jurid.nauk: the All-Russia Academy of foreign trade of the ministry of economic development and trade of the Russian Federation. M, 2001. С.55. SchmitthoffCM.Op. Cit. Рр.110-117. Lunts L.A.course of international law. The general part. S.23-25; Gardens of Island N. The unified norms in the international private law. S.38-49; Lebedev S.N.unification of legal regulation of the international economic relations. S.15-43; Makovsky A.L.question of the theory of international-contractual unification of the right and structure of the international private law. S.26-33. Ampere-second mosquitoes. The international unification of legal regulation of foreign trade activities. The legislation, 1999, №11. S.28-32; №12. S.23-28. 255 commercial thereupon commercial, civil-law relations. For the first time the attention has been paid to it in T.Popesku's report on II congress of the comparative law, sostojashchegosja in 1976г. In Rome under the aegis of unidrua: insufficiency of modern regulation of foreign trade, considerable number of legal systems, for example, by goods delivery overland by it crosses some borders, falling in each new country under own regulation, that is the international commercial relations are regulated by norms of the domestic law. From here there is a contradiction between international character of legal relationships with which help they are realised (the contract i.t.p.), and national or the domestic law which regulates these legal relationships. This fundamental contradiction is a constant source of uncertainty for international commercial the relation. The second legal factor which has caused occurrence and development of idea of unification of considered group of relations is the variety national 2 Legal systems that leads to legal uncertainty. The third legal factor which has caused occurrence and development of idea of unification of the right of the international commercial relations was the recognition of insufficiency of a conflict way of regulation of considered sphere of relations (even in the presence of the unified rules). Except the term "unification" exist both terms "codification" and the "harmonisation", which methods are difficult for differentiating. So, for example, in practice and in the doctrine, according to N.G.Vilkovy when in work it is spoken about «codification of the international private law», it is a question not only of codification national, that naturally assumes development and perfection of internal legislation of any country (in the standard understanding of the given word), but also about «the international codification» where are considered dogovory Montevideo 1889г., code Bustamante, and also the general problems of the international codification. When in works of some authors it is written about "codification" in general, practically it is a question about Popesku T.R. Le Droit du commerce international: une nouvelle tache pour les legislatures nationaux ou une nouvelle «Lex mercatoria»? - in New Direction in International Trade Law. Acts and Proceedings of the 2nd Congress of Private Law held by UNIDROIT. Rome 7-10. 09.1976. Oceana Publications. Dobbs Ferry. N-Y.1977.P.25. David R.The International Unification of Private Law. P.3; See Vilkova Н.Г.С.73. See: Vilkova N.G.international commercial contracts: the theory and practice of unification of legal regulation: Dis.d.jurid.nauk: the All-Russia Academy of foreign trade of the ministry of economic development and trade of the Russian Federation. M, 2001. С.73. Nolde CENTURY La codification du droit international prive. P. 303-426. See: for example, E.Zhejme's work «Historical and modern problems of codification of the international private law». 256 Unifications, and in works about "harmonisation", it is a question about the unifications, the given terms і are often used as vzaimozamenjajushchie and complementary. So, codification means working out and perfection process The national legislation in certain sphere. Naturally, such process Occurs not in "vacuum" legal space, there is an interference And vzaimoobogashchenie legal cultures and systems, therefore «creation in the different The states of uniform rules of law as a result of influence of the various legal Systems against each other »a number of scientific - jurists, in particular A.L.Makovsky carries to 2 Unifications without use of international legal means, and B.Nolde subdivides codification on national and international.takim in the image it is possible to speak about codification in the narrow sense of the word, covering processes of formation of the national law, and about codification in the broad sense of the word as which in the presents time is understood "unification" of the right or right harmonisation. For ATES unification of investment modes which is carried out mainly by means of reproduction in is characteristic The internal law the separate state-participants ATES of the principles containing in recommendatory documents, developed at the international level, - the voluntary code of direct foreign investments. The legal factor which has caused occurrence and development of principles for unification of investment modes, in our opinion, is the variety of national legal systems, and accordingly - level of economic and legal development that leads to legal uncertainty of regulation of investment relations in the conditions of formation of system of free and open trade and investments in Asian-Pacific region to 2010/2020гг. So, main objectives of unification of investment modes in the countries-participants in ATES are provided in a preamble of the present code: «recognising, that capital investment promotes economic development, growth and employment creation, increase in inflow of technology in Asian-Pacific region; wishing to harden the internal legal environment which can promote attraction of foreign investments See: Vilkova N.G.international commercial contracts: the theory and practice of unification of legal regulation: Disd.jurid.nauk: the All-Russia Academy of foreign trade of the ministry of economic development and trade of the Russian Federation. M, 2001. With. 89; Bachilo IL.Problemy harmonisations of the legislation of the union. Makovsky A.L.international marine law unification. - in kn. The international private marine law. С.35. Nolde CENTURY La codification du droit international prive. P. 304. See: Vilkova N.G.international commercial contracts: the theory and practice of unification of legal regulation: Disd.jurid.nauk: the All-Russia Academy of foreign trade of the ministry of economic development and trade of the Russian Federation. M, 2001. S.90-99. 257 (stable growth with the low inflation, the adequate infrastructure, the enough-developed human resources and protection of intellectual property rights); considering, that the majority of the countries-participants ATES are both sources, and recipients of foreign investments; aspiring to increase volume of investments, including investments into the small and average enterprises and to promote industry development; considering a variety in regulation of foreign investments and in level and rate of development of each country-participant which is reflected in the investment modes and, confirming the readiness to continue improvement and the further liberalisation of the investment modes without damage to corresponding bilateral and multilateral agreements and other international documents; Recognising necessity of full performance of the conditions provided by Agreement TRIMS, the countries-participants ATES have agreed in the mutual interests about following not obliging investment principles: a transparency/transparentnosti; not discrimination approach to the countries-donors; a national treatment; encouragement of capital investments; minimisation of restrictions; expropriation and indemnification; repatriation and convertibility; the resolution of disputes; maintenance of entrance and time stay to the foreign personnel; avoidance of double taxation; observance by the investor of norms and rules of host country or behaviour of the investor (Investor Behavior); elimination of barriers at capital export ». So, from the moment of approval of investment principles for unification of investment legal regimes in the countries-participants in ATES, the countries-participants ATES have accepted various liberalizatsionnye the measures unequal on volume and degree of an openness of investment modes that reflects differentiation of levels of their economic development and legal regulation in trade turnover sphere. The majority of the developed state-participants ATES differ rather liberal investment modes, hence - a narrow circle of the questions fixed in individual plans of action in ATES. For example, Australia in the individual plans of action defines following problems: to expand the list of the goods accepted within the limits of the Uruguayan round GATT for which decrease in tariffs is provided; to cancel export the control on some kinds of raw materials; to carry out liberalisation in sphere of services, communications, transport; to support all directions recognised ATES as the priority; To promote simplification of formalities during business trips; to expand the top borders of licensing of straight lines foreign ARES Non-Binding Investment Principles. Jakarta, November 1994. 258 investments to 50 mln. dollars and other. Canada undertakes: to increase a share of the foreign property to Ug in telecommunication sphere; to liquidate monopoly of three companies in the field of telecommunications; to give to all interested establishments of Canada the information on conditions precedent on import of the goods; to open for the countries ATES the markets of services in such spheres, as the finance, tourism, telecommunications and transport. The USA - the country where there is the most liberal investment mode, than in other member countries ATES. Hence, the national treatment is provided to foreign investors on ravnee with national, i.e. They are admitted to get shares in all already existing enterprises. Exceptions of a national treatment for them are those sektory which are considered strategic with a view of maintenance of national and public safety. Therefore instead of the offer of liberalisation of own investment modes in individual plans of action, the USA entered for offer entering to accept in the area of ATES supplementary measures which allow to cancel tariffs for production of information technology by 2000; have put forward a number of offers on realisation of production of the chemical industry; have suggested to cancel tariffs for production derevoobrabotki, seeds of olive cultures and production from them. Japan according to decisions of Uruguayan round GATT/VTO undertakes to promote moving through borders of people, the goods and services; will review requirements at delivery of multi-visas for business trips to citizens of the countries ATES; will continue decrease in restrictions on foreign investments into a mining industry; within two years will accelerate acceptance of measures on decrease in tariffs for 697 names of an industrial output; the law on reform to a financial system which includes amendments to 24 laws as a whole will pass. Reform main objectives: expansion of ways of attraction of investments into funds, creation of attractive services, creation of various and discriminating market systems, formation of structure which gives the chance to conclude transactions with confidentiality observance; to liberalise and facilitate an investment mode, in particular deregulirovat the law on currency regulation and exchange control concerning direct internal investments (1999-2000гг.); will continue revision of various industries where participation of the foreign capital is limited (2001-2010гг.) and other. New Zealand undertakes to reduce import tariffs on the average to 3 %, See: Australia s Individual Action Plans for 1997, 1998,1999; Sm: § 2 Chapters of I Present Work. See: Canada's Individual Action Plans for 1998, 1999; Sm: § 2 Chapters of I Present Work. See: United State of America's Individual Action Plan for 1998. 4 See: Japan's IAP for 1997 and 1999. 259 to facilitate procedure of issue of visas for business trips to citizens of the countries ATES (with 10 countries New Zealands has already entered into agreements on visa-free entrance). Practice of many countries-participants from among the developing countries-participants ATES differs rigid enough regulation of the admission of direct foreign investments into certain branches of national economy, numerous deviation from a national treatment principle, therefore investment liberalisation for them - a challenge. The separate countries from them have accepted and take large-scale measures on investment liberalisation in short-term prospect. For example, the Republic Korea has carried out large-scale liberalisation of the admission of direct foreign investments into national branches in 1998г. (Restrictions on foreign investments into trade, in particular wholesale deliveries of meat are eliminated; the share of foreign participation in the capital of airlines to 50 % is raised; the sphere of services in oil refining etc.) is opened for foreigners ; In 2001 has joined 80 % of operating international standards; has provided an information transfer from government agencies on a network the Internet, than has facilitated access to work of the government; has concluded and continues the conclusion bilateral and 2 Multilateral agreements with the countries ATES about a mutual recognition of obligations; Philippines by 2004 undertakes: to fulfil requirements of the Uruguayan round, will join the international standards, to accelerate introduction of rules GATT/VTO by a customs estimation, to lower requirements to foreign participation and to resolve presentations of foreign investment projects, to establish a national treatment for the import goods and to bring into accord with the international standards the internal trading legislation, to facilitate visa a mode for assistance to business trips, etc.; China undertakes: To lower with 23 to 15 % level of import tariffs, to carry out reforms in such spheres of services as a banking, insurance, retail trade, transport, power, telecommunications and tourism, to open more sectors of economy for direct foreign investments (introduction of a national treatment concerning foreign investors in bolshem quantity of sectors, the permission to transactions in a foreign currency for the foreign enterprises, elimination of restrictions on use of foreign currencies under current accounts), to accept and publish the laws improving legislative system of China in matters of law on intellectual property, to achieve general understanding population of a policy of the government in questions of attraction of foreign investments, to take measures to facilitate See: New Zealand's 1998 Individual Action Plan. 2 See: Korea's IAPs for 1997,1998,1999,2000. 3 See: Philippines's IAPs for 1997, 1998, 1999. 260 movement of foreign businessmen on country territory. Russia in an individual plan of action defines short - sredne - and long-term problems. The most developed and accurate are short-term problems for the period 1998-2000/2002гг.: 1) creation of a favorable climate and conditions for reinvestirovanija the Russian capital which has been taken out earlier abroad; 2) increase of a rating of the country as recipient of the capital at the expense of decrease in noncommercial risks for capital investments; 3) creation of a favorable climate for attraction of foreign investments on the basis of improvement of legislative regulation, a tax mode, introduction of modern techniques of book keeping and the reporting comparable to the western standards; 4) formation of system of guarantees, protection and insurance of the foreign capital at federal and regional levels; 5) creation of system of the information and consultations, databases, marketing of investment programs and projects, granting to potential investors of corresponding materials about capital investments conditions; 6) support organizational and legal mechanisms of attraction of foreign capitals, including the international consortia, venture funds, the leasing companies; 7) the further development of the international legal frameworks for attraction foreign in economy; 8) formation of a database of research and technological projects which represent mutual interest for member countries ATES, for the purpose of investment in the future projects; 9) carrying out of negotiations with the countries of the WTO concerning acceptance of obligations of Russia under the Agreement on trading aspects of protection of intellectual property rights (TRIPs). On intermediate term and long-term prospect (2001/2003-2010гг.) Following problems in investment sphere are defined: 1) the further liberalisation of a legal regime of the admission and functioning of foreign investments taking into account investment principles ATES and the international experience; 2) creation of the mechanism of attraction of capital investments in a private sector of the Russian economy and assistance to its effective functioning; 3) formation of a civilised securities market and its integration in world financial the market and other. Vietnam, on purpose to involve more than the foreign capital in the country, in particular to eliminate those restrictions on the admission of foreign investments and to take into consideration not obliging investment principles ATES, in the short term (1999-2000гг.) defines following problems: 1) to make amendments and additions to laws in force and to improve a number of normative acts and the investment policy, to create favorable conditions 1 See: Individual Action Plans of the People's Republic of China for 1997,1998,1999. See: Individual plans of action of the Russian Federation on the Web site: ARES Individual Action Plans: http://www.apec-iap. org/or ARES: http://www.apec.org 261 for foreign investment activity and to improve appeal and competitiveness of the investment environment in Vietnam in following directions: to regulate tax rates and initial tax level, applicable to each Vietnamese and the foreigner in conformity with applied levels the countries in region; to make amendments to decisions about import of the used equipment with a view of creation of the simplified and favorable mode for the enterprises belonging to foreigners and focused for export of the enterprises, taking into consideration requirements of protection of environment and operating conditions etc.; 2) to improve a transparency and predictability of laws and decisions about foreign investments; 3) to create a uniform right basis of a tax policy and to apply it to national and foreign investors; 4) to expand limits of granting of a national treatment to foreign investment projects; 5) to make amendment in operating rules about term of the validity of the entry visa for ekspatriantov, working over investment projects, taking into consideration condition of their labour contracts, the repeated entry visa operating within three years for non-residents-foreign of investors in Vietnam can be applied. On long-term prospect (2001-2010/2020gg.) Following problems are defined: 1) to bring investment measures into accord with positions TRIMs the WTO; 2) step by step to enter a mode of investment registration instead of an operating mode of investment licensing; 3) versatily to develop investment forms and ways of attraction of the foreign capital; 4) gradually to give national treatment foreign investor, to review restrictions and to improve market access for the purpose of achievement of purposes ATES to 2020г. During too time other member countries ATES taking into account the investment policy are in an initial stage of considered process or take small-scale measures on investment liberalisation in long-term prospect, for example, Brunei spends the review of an investment mode; will accelerate carrying out of actions for realisation of all decisions of the Uruguayan round that will mention 82 % of the established tariffs; Will join measures of customs regulation GATT/VTO, in 1999 has provided a computerisation of customs procedures; has added the legislation with articles regulating protection of intellectual property right; has concluded and will continue to enter into bilateral investment agreements with other member countries ATES; has reviewed positions of the law on immigration about granting of long term of stay to businessmen and investors in Asian-Pacific region for the purpose of increase ' See: Vietnam's IAP for 1998. (APEC: http://www. apec.org). 262 free mobility of businessmen; Hong Kong by 2000 defines following problems: to open the markets of telecommunication and services (i.e. to weaken restriction on direct foreign investments in sphere of telecommunications and services), to change the currency legislation, to eliminate requirements of prior permission of direct foreign investments in sphere gornodobychi; to enter into agreements with other countries ATES about a mutual recognition of obligations; to pass on kompjuterizovannuju processing of the customs information; to bring into accord with requirements GATT/VTO the rules of passage of the goods; by 2010 will cancel import tariffs on all goods and will weaken not tariff price control to rice and meat. Indonesia by 2003 defines following problems: to reduce to 10 % existing import tariffs, by 2004: to note 98 not tariff measures; to introduce technique GATT/VTO by a customs estimation; To continue the conclusion of agreements with other countries - chastnitsami ATES about a mutual recognition of obligations. Malaysia defines problems: to continue decrease in import tariffs and to accelerate work on reduction of customs rules in conformity with requirements GATT/VTO; to accept supplementary measures for transparency strengthening in investments (the publication of the newest data about improvement of investment modes, investment possibility, a policy, an admission order etc.) ; To reduce or eliminate exceptions and restrictions on direct foreign investments (that is, expansion of a network of bilateral agreements about double taxation avoidance, elimination of requirements of the local maintenance, according to which foreign the investor is obliged to sell in the local market a part made on territory of Malaysia of the goods or services in the size of the established minimum percent from a final total product, revision of other operating rules about investments in the light of not obliging investment principles ATES and others). Mexico defines following problems: to reduce import tariffs by computers, spare parts to them and semiconductors, by 2000 to cancel established earlier 49 percent limit on direct foreign investments in a number of sectors (for example, motor industry); Gradually to increase a share of participation of the foreign capital in the Mexican companies for the international ground transport (passenger, tourist, charter) by territories of Mexico and other connected services as follows: since January, 1st 2001г. To 51 %, since January, 1st 2004г. To 100 %; to enter into bilateral investment agreements with other member countries ATES; to review a investment policy, See: Brunei Darussalam's Individual Action Plans for 1997,1998,1999; Sm: § 2, Chapters of I Present Work. 2 See: Hong Kong's Individual Action Plans for 1997,1998, 1999. See: Indonesia's Individual Action Plans for 1997,1998,1999; Sm: § 2, Chapters of I Present work. 4 See: Malaysia's Individual Action Plans for 1997,1998. 263 to support an open investment mode, etc. Peru according to norms and the principles offered ARES on investment questions defines following problems: to create a favorable investment climate in the country, in particular to liberalise a legal regime of the admission and functioning of foreign investments taking into account investment principles ATES and the international experience, to sign bilateral, multilateral and regional agreements on protection of investments; to co-operate with other intergovernmental bodies in working out and realisation of the projects directed on reduction of operational costs and improvement of conditions of a competition in the market, to improve aspects of self-regulation of enterprise sector concerning infringements of position of the Law on a competition, to make amendments to the law on a competition according to principles ATES on development of a competition and carrying out of reforms in the field of regulation and experiences of other countries in the given sphere (2006-2020гг.) ; deregulirovat following areas: capital investment, foreign technology, currency regulation, a work mode, the financial, insurance and capital markets, foreign trade, sectoral measures (fishery, a mining industry, oil, agriculture and transport) and tax system to 2020г. Papua New Guinea (1997-2020гг.) Defines following problems: to reduce import tariffs by a foodstuff to 11 %, on not agricultural production to 30-40 %, to review rates of taxes to the added value, to continue to agree about Agreements on avoidance of double taxation and to bring the tax laws into accord with tax laws of other member countries ATES; to continue to carry on negotiations for the conclusion of Agreements on protection and assistance to capital investments with other countries-participants ATES. Singapore by 2010 defines following problems: to cancel all import tariff restrictions, to take measures on liberalisation of some services, will accelerate realisation of obligations, 4 Taken on the Uruguayan round. Thailand defines the problems: to increase quotas by the separate goods, to bring customs procedures into accord with the international standards, to introduce system of an exchange of the electronic information, to organise arbitration court on intellectual property and international trade problems; (by 2004) to review immigration legislation, to facilitate business trips within region; to make amendments to the law on foreign investments, to facilitate liberalisation of trade and investments (the admission of straight lines ' See: Mexico's IAPs for 1997,1999. Peru's Individual Action Plan for 1998. 3 See: Papua New Guinea's IAP for 1997. 4 See: Singapore's IAP for 1997. 264 foreign investments in various sektory, increase in volume of manufacture, etc.); gradually to lower percentage requirements of use of a local component, to simplify company registration procedures, to create the centre «one stop-Service» for foreign investors, to promote investments and to accelerate process of reception and renewal of visas and the work permit within three hours (1998-2000гг.); gradually to reduce export requirements, statutory about encouragement of investments, to simplify the procedures connected with establishment and realisation of foreign investments (2001-2005) and to eliminate barriers on a way of inflow of investments (2006-2020гг.) . Taiwan by 2010 will lower a nominal average level of tariffs to 6 %; will essentially reduce not tariff restrictions inappropriate by requirements GATT/VTO and interdictions for import of the goods. Chile liquidates tariffs for the majority of the goods, and by 2010 will provide cancellation of not tariff measures; will continue negotiations with other countries ATES on the conclusion of agreements on assistance to investments both their protection and a mutual recognition; will enter WTO rules by a customs estimation; to 2010г. Will review restrictions concerning straight lines foreign „3 Investments. Thus, taking into account variety of level economic and a legal status in each country-participant ATES, unification of investment legal regimes is spent by the countries-participants ATES only in that part which mismatches standard principles ATES. From above considered positions of individual plans of action of each country which are the tool for reproduction of investment principles ATES in the internal law, it is shown, that the special attention is given to such legal regimes of activity of foreign legal bodies known to the international private law, as to a mode of bar of claim by lapse of time of discrimination concerning foreign investors, to a mode of the most favoured nation, and also a national treatment. The principle nediskriminatsii ATES is understood as the obligation of each of the countries-participants to give to investors of any country-participant ATES concerning establishment, expansion and management of their investments a mode not less favorable, than what is given to investors of any other country-participant ATES in similar circumstances without damage to corresponding international obligations and principles. As to national treatment ATES it follows ' See: Thailand's IAP for 1998. See: Chinese Taipei's Individual Action Plan for 1999. 3 See: Chile's IAP for 1997. 265 to understand the obligation of each country-participant ATES to represent to investors of any country-participant ATES concerning establishment, expansions, managements and protection of their investments a mode not less favorable, than that mode which is given in similar circumstances to own investors, behind the exceptions provided in internal laws, administrative acts and departmental instructions. The mode of the most favoured nation (Most Favored Nation Treatment) a-most favoured nation treatment represents norm nediskriminatsii. The mode given to the third state, automatically extends on the state to which the most favoured nation treatment has originally been given. In essence, the norm of most favoured treatment became a method of distribution of not discrimination mode on more or less general basis. In ATES the principle "nediskriminatsii" both concerning a most favoured nation treatment (RNB), and concerning a national treatment or parallel application of two modes is applied. The principle "nediskriminatsii" concerning a most favoured nation treatment (RNB), according to item 3.01 of the Supervising program, assumes immediate or during the established period of time most favoured nation treatment introduction, except for some branches (thus their list is defined by each country-participant independently). According to item 3.02 if the state entering in ATES, already applies a most favoured nation treatment concerning foreign investors it should aspire to liquidate or, at least, to reduce exceptions of a most favoured nation treatment. As to a principle "nediskriminatsii" concerning a national treatment or parallel application to a most favoured nation treatment (RNB) and to a national treatment the present principle starts with branch restrictions, barriers concerning the property, an order of financing and other measures. In particular, with a view of reduction of branch restrictions in ATES in the Supervising program the following is offered: 1) to expand sphere of action of a national treatment on one or more branches, having established for this purpose concrete term of introduction of a similar measure (item 3.03); 2) to expand sphere of action of a national treatment on Boguslavsky M.M.Mezhdunarodnoe the economic right. M: the International relations, 1986. S.113-116. Market rules: foreign investments; foreign trade; labour migration, competitiveness; diplomacy, the help. Under. red. The prof. V.D.ShChetinina. M: the international relations, 1996. С.32. 266 economy, having established for this purpose concrete term of introduction of a similar measure, except for separate branches (item 3.04); 3) gradually to expand scales of application of a national treatment on one or bolshee quantity of branches (item 3.05); 4) to open the additional branches earlier closed for the admission of foreign investors or the permission of the admission of foreign capitals with insignificant restrictions. In other words, to reduce the list of the branches closed for the admission or partially limiting the admission of direct foreign investments (item 3.06); 5) to liquidate or gradually to remove branch restrictions on foreign capital investments (item 3.07); 6) to review agreements in force, dogovory and laws for the purpose of elimination of restrictions concerning a national treatment (item 3.08). Thanks to process of unification of investment modes within the limits of ATES many countries-participants ATES, in particular Russia and Vietnam, have accepted the new acts, regulating investment relations, and others have made changes and additions in operating the legislation which directly and indirectly regulates a wide range of questions of foreign investment (for example, Thailand, Mexico), that has opened a way of direct foreign investments, has simplified procedure of registration of the foreign companies and procedure of selection and an estimation of investment projects, has made changes to notice procedure, has simplified procedural requirements on the basis of time frameworks (consideration of the request for delivery of the permission or the licence for capital investments), has created services «one window» for simplification of points of order and other.
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A source: CHhorn prolyng. Legal regulation of foreign investments in the countries-participants ATES / the Dissertation / Moscow. 2007

More on topic §3. Unification of investment legal regimes in the countries-participants ATES:

  1. §3. Unification of investment legal regimes in the countries-participants ATES
  2. §4. Problems of unification of investment legal regimes in the light of the coordination of the last with positions of the antimonopoly law of the countries-participants ATES
  3. §4. Problems of unification of investment legal regimes in the light of the coordination of the last with positions of the antimonopoly law of the countries-participants ATES
  4. the CHAPTER III. UNIFICATION of INVESTMENT REGULATION In the COUNTRIES-PARTICIPANTS ATES
  5. the CHAPTER III. UNIFICATION of INVESTMENT REGULATION In the COUNTRIES-PARTICIPANTS ATES
  6. § 4, the Forms of investment activity supposed in the countries-participants ATES
  7. § 4, the Forms of investment activity supposed in the countries - participants ATES
  8. the CHAPTER II. The NATIONAL LEGISLATION ON FOREIGN INVESTMENTS In the COUNTRIES-PARTICIPANTS ATES And «not OBLIGING INVESTMENT PRINCIPLES»
  9. §1. Legal protection frames of foreign investments in the countries - participants ATES
  10. §1. Legal protection frames of foreign investments in the countries-participants ATES