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§3. A parity of certificates of the national legislation on foreign investments and documents ATESon investment questions

As creation of a zone of free and open trade and investments in Asian-Pacific region to 2010г. For the industrially-developed countries and to 2020г. For developing countries is a main objective of the Bogorsky Declaration (in Indonesia, in November 1994г.), therefore as a result the same year in to Djakarta not obliging investment principles ATES as the basic practical document on regulation of direct foreign capital investments in the countries - participants ATES have been accepted. The general principles of achievement of the purpose of creation of a zone of free and open trade and investments are generated in the Osaksky program of actions (in Japan, in November 1995г.) according to which it is entrusted to countries-participants to prepare individual plans of action on liberalisation of a trading and investment mode, and term of the beginning of practical realisation of the present plans is certain by the Manilsky program of actions (in Philippines, in November 1996г.).

So, the individual plans of action of the countries-participants ATES developed taking into account features of a legal, economic, political and cultural level of development of each country with a condition of annual updating and improvement, represent voluntary accepted obligations on gradual removal of obstacles in development of business cooperation in Asian-Pacific region. Reduction of tariffs, 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.

These plans are difficult for unifying because of distinctions in level of legal, economic and cultural development of participants. Despite readiness of all members ATES to liberalise the markets of some the goods, rates of liberalisation in the separate countries will be different, and at times unequally to explain some specified questions and variously to interpret terms that is naturally complicated in realisation of the concept of free investments.

Taking into account these circumstances concerning investment questions within the limits of ATES at the Vancouver summit (1997г.) the Supervising program (Master has been accepted «

Menu/Menu of Options) \' »on liberalisation of investments and trade in individual plans of action.

So, concerning concept «investments and foreign investments», according to item 1.01 of the present program, ATES suggests the countries-participants to proceed in the national legislation from wide concept «investments and foreign investments» with a view of the permission of the admission of the diversified forms of capital investments, including to newly founded firms and maintenance of stability of laws, normative acts, administrative procedures (not to change in the future).

The recommended concept of "investment" can include not only again invested capital (widespread term Greenfield investments) [191 [192] but also acquisition of the national enterprises by the foreign companies, long-term leasing, contracts on the management, all organizational forms of the companies (the foreign companies, associations, affiliated companies, branches, joint ventures, strategic alliances), certain forms of promissory notes, intellectual property rights, etc.

The permission to the admission and assistance of activity of foreign investors and all forms of capitals also is guided by wide interpretation of concept «investments and foreign investments» in the current legislation, normative acts and administrative procedures (item 1.02).

It is recommended to enter the reservation «stendstil - standstill on restrictions» concerning operating restrictions of the admission of the foreign capital, i.e. to forbid acceptance in the future of more rigid in comparison with operating forms of restrictions on the capital (item 1.03).

As to rules preliminary (i.e. to the admission in the country) permissions in the Supervising program it is offered: 1) to liquidate or gradually to cancel preliminary approval of the admission of investments, and to replace with its procedure of registration, the truth, after a stage of creation of manufacture [193] (item 1.04); 2) to introduce system of automatic licensing within the limits of operating system of preliminary licensing, but with
Possible preservation of exceptions for some branches (item 1.05); 3) to increase the top limit of cost of foreign capitals (threshold size of investment projects) 1, resolved to the admission outside the limits of prior permission system. The notice on expansion of the top limit of the free admission of investments according to the plan of liquidation of the majority or all requirements of licensing to a target date (item 1.06); 4) to limit quantity of branches in which preliminary licensing and gradual replacement of licensing with procedure of registration (item 1.07) is required.

Concerning inclusion of the third states in the general investment principles operating within the limits of ATES, in the Supervising program it is offered to sign bilateral, regional and multilateral agreements on protection of capital investments on purpose: 1) preservations of present level of protection and an openness of national economies for foreign investors and investments (item 1.08); 2) and also reductions of quantity of the closed branches or branches in which the admission of foreign investments is limited, strengthenings of the mechanism of the resolution of disputes, reduction of the direct and latent barriers by ways of the admission and functioning of foreign investors (item 1.09).

The essential place in the Supervising program on liberalisation of investments within the limits of ATES occupies a principle «a transparency / transparentnosti», called to carry out following moments: 1) the timely notice of investors on changes in the investment legislation, in particular in those positions of the laws, concerning investment modes, including both national, and multilateral means through secretary ATES for finishing to the general data through an investment management (item 2.01); 2) the publication and-or the notice a different way about the available information on specificity of investment modes of national economy, on procedures of the state orders, on features of the legislation and rules of their regulation with a view of assistance transparentnosti the investment legislation of the countries-participants ATES, rules and procedures at different levels - state, local and regional (item 2.02); 3) the publication or granting by a different way of available instructions/guidelines for correct otsenivanija and carrying out of selections of investment projects in their approval (item 2.03); 4) carrying out of briefings about the flowing

Under the regulations accepted by the Canadian authorities for member countries of the WTO, check and the statement large investment projects come under only. The "threshold" size of such projects is defined annually. In 1998 it constituted the sum more than 179 million kan.doll., in 1999 - more than 184 million kan.doll. And in 2003 - more than 223 million kan.doll. And Canada. Guide to the Investment Regimes of the APEC Member Economies. Fourth Edition, 1999. p. 57; Cm. Canada. Guide to the Investment Regimes of the APEC Member Economies. Fifth Edition, 2003. p. 69.

The investment policy and possible steps to the future of the governments to change of a legal regime concerning the admission and activity of foreign investors (item 2.04); 5) the prior notification of operating normative acts and laws in investment sphere (item 2.05); 6) an official explanation of specificity of procedures and practice of the notice, registration, licensing, the governmental purchases on a basis (item 2.06): the publication and a wide circulation of the accurate instructions explaining procedure of registration, criterion of an estimation of the investment projects, operating standards, technical norms and requirements of conformity to quality; carrying out of periodic reviews of procedures of preliminary approval for the purpose of increase of their level transparentnosti and simplifications; grantings of the information to investors about rules and assistance schemes to foreign capital investments.

Other essential element in the Supervising program on liberalisation of mutual investments within the limits of Forum ATES occupies also a principle "nediskriminatsii", applied both concerning a most favoured nation treatment (RNB), and concerning a national treatment or parallel application of two modes.

The principle "nediskriminatsii" concerning a most favoured nation treatment (RNB), according to item З.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 З.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 mode of the greatest is favoured ija.

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 economy, having established for this purpose concrete term of introduction of a similar measure, except for separate branches (item З.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).

It is necessary to notice, that the Supervising program on liberalisation of mutual investments in ATES also starts with necessity of gradual liquidation or reduction of restrictions by the foreign property. For this purpose, in the Supervising program it is recommended to give to all investors freely to choose organisation-legal forms of enterprise activity within the limits of the current legislation (item 3.09); to simplify an order of creation of joint ventures (item 3.10); to raise the maxima established for a share of the foreign property in branches, partially opened for foreign capitals, or to admit creation of the enterprises from 100 % the foreign property in all branches (item 3.11), namely: • to develop programs on increase in a share of the foreign property in the future; • to accelerate performance term on liberalisation of corresponding branches; To liquidate or gradually to remove conditions of restriction of the foreign property depending on a share of export or volume of internal sales (item 3.12); to reduce quantity of branches, where criteria for joint venture under the program of encouragement of investments are defined to give the big possibility to foreigners to take part in them (item 3.13); not to pursue a policy of deprivation or property injuries on the investment on the basis of a nationality, to liquidate or gradually to remove requirements on conveyance of property to local firms during term of existence of a foreign firm (item 3.14); to liquidate or freeze restrictions on creation of branches by foreign investors, on expansion and diversifikatsii activity, on reception of licences for industrial activity (item 3.15; item 3.16; item 3.17); to increase term (if there is such requirement) search of the partner from among local businessmen (item 3.18).

In the Supervising program also it is planned to liquidate gradually requirements concerning financing of investment projects which are one of restrictive barriers. So, it is offered to ask an order of granting of loans/loans to the foreign companies (item 3.19); to liberalise the admission of foreigners to national financial resources (to actions of the companies, the state bonds) (item 3.20); concerning inflow of foreign investments to liquidate or gradually to remove requirements to entering of certain guarantees by foreign investors (item 3.21);

To reduce, progressively to reduce or liquidate a capitalisation minimum level in branches in which there is no necessity for application of considered requirements (item 3.22); to liquidate or gradually to remove the subsequent additional investments or requirements to repeated investment by foreign investors (item 3.23); to make opened programs of stimulation of capital investment for participation in them foreign investors that they had the equal rights and the possibilities applied to national businessmen (item 3.24).

Among the other measures directed on expansion of application of a principle "nediskriminatsii" concerning a national treatment and a most favoured nation treatment, in the Supervising program it is recommended: 1) to liquidate or reduce discrimination restrictions on import of the goods necessary for assistance for foreign capital investments (item 3.25); 2) to change a policy, rules or acts for liquidation of the state exclusive pricing (item 3.26); 3) to change a policy, rules or acts for the purpose of elimination of discrimination access to national natural resources (item 3.27).

The supervising program on investment liberalisation also in details defines an order of possible expropriation of the foreign property and indemnification in this connection. The international rules are put In a basis on expropriation restriction only by cases of public interests, proceeding from a principle nediskriminatsii and on the terms of fast, effective and adequate indemnification [194]. For
It it is recommended: 1) to take measures on change of rules and laws on the expropriation, based on standards of international law (item 4.01); 2) to include the conditions of indemnification standard in international law in bilateral, regional or multilateral investment agreements and dogovory (item 4.02); 3) to raise transparency/transparentnost, to expand publications and an explanation to investors of those or other positions of investment agreements and contracts (item 4.03).

For prevention of possible disputes in the Supervising program it is recommended to solve and, whenever possible, to be obliged in investment agreements between the government and private investors, in bilateral and multilateral intergovernmental agreements to give a mode which is not discrimination on the basis of a nationality, to investors concerning losses which investors in accepting territory owing to military actions can bear, confrontations, revolutions, national safety, civil disorders and other similar cases (item 5.01).

As to an order of transfer of the capital and the incomes received from investment activity in the Supervising program it is provided: liquidation or reduction of restrictions on transfer in it is hard to currency of the funds concerning foreign investments (TSribyl, dividends, a royalty, payments under loans, percentage payments), in particular gradual removal or liquidation of restrictions which establish the top limits of the royalty, special taxes, restrictions on access to a foreign currency, the control over placing of a foreign currency (item 6.01); the establishment of linkage of partners obligations on the basis of signing dogovorrv and agreements for the purpose of liquidation or progressive reduction of barriers by transfer of funds concerning foreign investments in the form of profit, dividends, a royalty and so forth, made in is hard to currency (item 6.02); Warranting of the right to transfer of the capital concerning investments, put and leaving economy without a delay under the market exchange rate with preservation of exceptions (item 6.03).

More concrete character has section of Supervising program ATES on the investment liberalisation, devoted to requirements to industrial activity of foreign investors. As is known, one of principles of activity of Forum ATES — a principle «the WTO plus», aimed at faster and wider meeting commitment on the scope, reached within the limits of the World Trade Organization (WTO) which will be distinctly underlined under the analyzed document. So, in the Supervising program it is recommended: to fix necessity of the publication and real performance of the programs which are not contradicting the Agreement on the investment
The measures connected with trade (TRIMS) and specified in the illustrative list of this Agreement (item 7.01); to reach conformity of national practice of the countries-participants ATES to illustrative list TRIMS by 2000 on the basis of acceptance of measures on acceleration of performance of the developed plans (item 7.02); to cancel or gradually to cease, or to weaken entered into on unilateral and-or intergovernmental bases of the Agreement, concerning promotions of following requirements to industrial activity (item 7.03), namely: preparation of local shots, employment of a local labour, manufacture conducting only on territories of the accepting state, realisation of sales in home market, technology transfer, research and development carrying out only on territories of the accepting state, obligatory realisation of export.

The problem of hiring of the personnel also receives fastening in the Supervising program on investment liberalisation in the countries-participants ATES. In the present program it is offered: according to the visa legislation of the country concerning an order of entrance and personnel stay to give temporary entrance and stay to the technical and administrative personnel, the administrative board or advisers for operating by capital investments; to offer visas to investors which resolve entrance and repeated entrance to the country (item 8.01); to give to investors type of visas which promote to drive and leave according to internal legislation, in particular that who comes for the purpose of studying and search of partners in investments (item 8.02); to take the measures allowing investors/sponsors of projects to hire the administrative board or technicians at the choice irrespective of a nationality of the person (the item of item 8.03 and 8.04).

Concerning an order of the resolution of disputes, the Supervising program offers working out of the effective mechanism for the resolution of disputes and mechanisms of decision-making (item 9.01). For this purpose in the Supervising program it is recommended to the countries-participants ATES to sign the International convention under the permission of investment disputes (International Convention on the Settlement of Investment Disputes - ICSID) (if they are not it podpisantami) [195] (items 9.02).

Moreover, in the Supervising program questions on intellectual property rights also are considered. In particular in the present program it is recommended: to develop adequate measures on their protection (item 10.01); to provide measures on protection of intellectual property rights which, at least, correspond to the norms provided by the Agreement of the WTO on trading aspects of the rights to intellectual property (TRIPS) (item 10.02); to provide adequate, effective and compulsory
Measures on protection of intellectual property rights, including comprehensible, administrative, civil and criminal, against infringement of intellectual property rights (item 10.03); to develop and carry out complex measures which oblige governmental bodies in each country-participant ATES to observe intellectual property rights in the activity, as, for example use only licence computer programs in the resolved form. Thereupon, in a possible measure it is necessary to provide the adequate budget for purchase of licence computer programs (item 10.04); to develop and further to improve intellectual property modes, in particular to put into practice the international norms about protection of intellectual property (item 10.05).

As to a question on double taxation avoidance in the Supervising program it is recommended: to sign regional and bilateral agreements about double taxation avoidance according to the international norms and to expand sphere of application of these agreements (item 11.01).

Concerning a question on the competitive policy and reform of the regulating legislation in the field of a competition and the control, in the Supervising program it is recommended: to provide conformity between an investment policy and a policy of a competition and reform of the regulating legislation (item 12.01) \'.

The considerable attention in the Supervising program is given to questions of stimulation of enterprise activity with a view of improvement of a national investment climate. For this purpose it is recommended: 1) to reduce discrimination use of bureaucratic measures, including the administrative order, concerning requirements of the notice, registration and licensing, creation of the internal mechanism of decision-making (item 13.01); 2) to simplify rules of the notice, registration, licensing, including with use of electronic means or centralisation of procedures in uniform body «one-stop shop»; to reduce the period of reception of approval, registration and other (item 13.02); 3) to take real measures on assistance to investors, in particular, on the basis of creation of uniform clearing body (one-stop agency/unit) on studying of market possibilities and potential partners; To give a network of governmental bodies for closer kontaktirovanija to interested investors or businessmen at an investment of investments; to create the general state body on consideration of complaints of investors (for example, the investment ombudsman [196 [197]) (item 13.03); 4) to analyse a role and efficiency
Investment stimulus at different levels — state, regional and local (item 13.04); 5) to give stimulus on a voluntary and not discrimination basis and limited on term of the action, including a tax vacation, warranting of loans, granting of grants, grants, bonds of industrial development, the program of a professional training, the programs aimed at assistance bolshej of efficiency of activity of the companies, programs of assistance to export and comparable to rules of the WTO, development of a small-scale business, a measure on assistance to development of new branches, programs of development of highly technological branches, mobilisation of internal resources (item 13.05); 6) to introduce measures on assistance to the companies in achievement bolshej profitability, in particular, manufacture programs to order (just-in-time), allowing as much as possible to reduce time of warehousing of production, quantity of available stocks in a warehouse to reduce costs of the manufacturer and in bolshej degrees to be guided by requirements of the market (item 13.06); 7) to create legal and tax systems in areas, such as stock exchanges, the corporate markets and merges and acquisitions of the companies to allow flexible possibility of corporate reorganisation to function (item 13.07);

8) to introduce accounting and financial systems of the reporting which (items 13.08) correspond to the standard international accounting standards;

9) to develop and simplify system of the law on bankruptcy for the purpose of assistance of corporate reorganisation (item 13.09); 10) to create a financial system which supposes a version of financing and methods of increase in the capital (item 13.10); 11) to harden rules of law of a corporate governance and to promote improvement their (item 13.11).

More actual character has section of Supervising program ATES on the investment liberalisation, devoted to a question on technology transfers. For this purpose it is recommended: 1) to improve a transparency of corresponding laws and the rules regulating questions on transfer of technology (item 14.01); 2) to reduce restriction on technology transfer, to promote a stream of technology for economic development of member countries, for example, by change of corresponding current legislations and rules (item 14.02); 3) to develop the legislation, rules and measures on adequate and effective protection of technology and other interests arising from transfer of technology (item 15.03).

In the Supervising program the attention to questions on the venture capital and the beginning companies also is paid. For this purpose it is recommended to introduce measures on assistance to business at different stages, including assistance to the beginning companies to search for sources of finance, creation legal and
Tax system for assistance to development of branches of the venture capital and the investment bank and creation of the reliable and transparent markets of type of the initial public offer (Initial Public Offering - IPO) for the small and average enterprises (item 15.01) ’.

Problems on investment liberalisation within the limits of ATES, besides those specified in the Supervising program, are defined in various documents. So, for the purpose of expansion of private investments into an infrastructure and their access to an investment Voluntary investment projects ATES and infrastructural investment initiatives have been approved.

According to Voluntary investment projects ATES (APEC Voluntary Investment Projects-AVIP), representing the approach for investment liberalisation, ATES recommends to the countries-participants: to encourage the chosen projects which were coming under voluntary to application of a mode of protection of investments; to develop special investment principles for assistance to realisation of Voluntary investment projects. Principles of protection of investments in cancers of Voluntary investment projects ATES are included the following: 1) the best national treatment and the best most favoured nation treatment which should be applied to design investors throughout all period of their investment activity; 2) the project should use equal access on the local markets and natural resources taking into account restrictions and the specific exceptions, the concerning admission of investments into the financed project; 3) changes of a condition of agreements on investment projects should be made only in consent between the parties, but not unilaterally a host country; 4) the tax mode for design investors and working on hiring should be not less favorable, than what is given to the local enterprises and their workers; 5) the right to transfer of the fixed assets connected with the investment project, from a host country and in a host country without a delay on a market rate should be guaranteed. It concerns all transfers connected with the investment project, including initial and financed investments, dividends, benefits, incomes of the liquidation, the repatriated profits and extraction of the additional

The supervising program regularly is updated and extends Expert Group ATES under investments, since 1999.

2 See: The APEC Voluntary Investment Projects and the Infrastructure Investment Initiative//Enhancing Private Investment in infrastructure and Access to capital (1997 Report)

(http://www.abaconline.org/library/inv_lib.asp).P. 11.

Financial assets after initial investments are carried already out, and also the licence and payments of a royalty which are received by investors out of a host country; 6) sponsors of projects can freely hire the administrative board at the choice not dependences on a nationality of the person, and also can freely receive the entry visa and stay for other technical and administrative personnel on the time basis; 7) minimisation of the requirements regulating investment limiting growth of trade and capital investments; 8) the country accepting investment should abstain from the requirement of more detailed information from belonging to the foreign investor under the enterprise project, than from the local enterprise; 9) Expropriation should not be accepted, except for cases when such measures are accepted according to the international rules of law, in public interests in the order established by the legislation, are not discrimination and are accompanied by payment of fast, adequate and effective indemnification; 10) investors under projects should have the right to transfer to the international arbitration investment disputes from the accepting investment the country or from other accepting investment the country-participant ATES, including the disputes connected with expropriation or indemnification, without the requirement of use of internal court of a host country.

As to infrastructural investment initiatives (Infrastructure Investment Initiative-Ill) in their frameworks also it is offered to apply following principles of protection of investments which are necessary be for including in the future in dogovory about in investments into an infrastructure at their conclusion (the so-called modelling contract on investment projects ATES in an infrastructure [198]). The modelling contract on investment projects ATES in an infrastructure is included by duties of investors (private investors, multilateral establishments and the investor-state) and a duty of the countries accepting foreign investment (the recipient of the foreign capital).

The contract contains instructions on obligations of the foreign investor (foreign investors) according to which its any investment activity in the states accepting foreign investment should promote economic development, i.e. investors are obliged: 1) to stimulate strengthening of existing export, and to support systems of investment insurance upon noncommercial risks for the purpose of assistance to investment inflows
In an infrastructure; 2) to observe internal rules of the state in which territory capital investment in an infrastructure is carried out; 3) to promote elimination regulating and institutsionnyh barriers on a way of export of the capital for infrastructure development (item 2, 3).

The contract fixes also obligations of the state-recipient of the foreign capital acting as the party of the contract, on creation of a favorable investment mode for foreign investors, in particular the states - of the recipient of the foreign capital are obliged: 1) not to subject the foreign investors investing the capital in an infrastructure, discrimination throughout all period of their investment activity, except for the restrictions provided for cases, the investments defined especially for the admission into the financed project; 2) to give a most favoured nation treatment (RNB) and a national treatment to foreign investors in an infrastructure throughout all their investment activity; 3) to give to foreigners investing in an infrastructure equal access on the local markets and natural resources taking into account the limited and specific exceptions, the concerning admission of investments into the financed project; 4) to abstain from unilateral change of conditions of agreements on investment projects; 5) to avoid the double taxation connected with foreign investments into an infrastructure; 5) to provide free and fast repatriation of the fixed capital connected with investments in an infrastructure and expressed in it is hard to currency; 6) to resolve temporary entrance and stay of the foreign technical and administrative personnel for the purpose of acceptance of participation in working out of infrastructural investment projects; 7) not to show such requirements to industrial activity of foreign investors which harm or limit expansion of investments into an infrastructure; 8) not to demand from belonging to the foreign investor under the project of the enterprise of the information of more detailed, than from the local enterprise; 9) to fix refusal of expropriation or nationalisation of the capital investments which have been carried out by foreign investors in an infrastructure, or to declare refusal of other measures equal on consequences of expropriation or nationalisation; 10) to provide the fast resolution of disputes between the parties, connected with investments into an infrastructure, by means of consultations, negotiations and the international arbitration; 11) to combine stimulus of foreign investments in an infrastructure with maintenance of requirements about public health services, safety and rules about preservation of the environment; 12) to provide an openness, availability and a transparency of laws, administrative acts and the departmental instructions, directly concerning infrastructural investments in the country (item 2,3,4,5,6,7,8,9,10,11 item).

It is important to notice, that buying making agreement concerning infrastructural investments is carried out by participants of investment relations as the obligatory investment auctions which are coming under to carrying out on a fair basis at observance of open and their transparent procedure проведения1.

Stated above allows to conclude, that the basic maintenance of the modelling contract on the investment project is reduced to following sections: 1) definitions; 2) conditions of granting of a national treatment and a most favoured nation treatment (RNB); 3) access conditions on the local markets and local natural resources; 4) an order of change of conditions of investment agreements; 5) positions about fiscal incentives; 6) an order and conditions of transfer of money resources (capital repatriation); 7) an order of appointment of the main heads of infrastructural investment projects; 8) prohibition of requirements to industrial activity of foreign investors; 9) rule fastening about the reporting of foreign investors in the volume which is not exceeding established for national businessmen; 10) definition of conditions at which as an exception of the general rule expropriation of property of the foreign investor can be admitted; 11) an order of the resolution of disputes.

On the basis of not obliging investment principles ATES for the purpose of improvement of an investment climate for inflow of foreign investments and close connection strengthening between the investor and the state-recipient of the foreign capital, ATES recommends to investors for territories of the state-recipient of the foreign capital always to operate as respectable corporate subjects of host countries, and to bear responsibility for results of realisation of enterprise activity and observance tsivilizatsionnyh values of the states-recipients (respect of the national sovereignty, observance of national laws, adherence to economic targets and development problems, non-interference to internal affairs of host countries and t.p. *). Set of similar rules of behaviour of foreign investors is called as "the Investment charter» (Investor’s Charter) [199 [200]. The charter fixes the similar approach for impression elimination as if for foreign investors are available is only right also privileges, but there are no duties. According to a charter, foreign investors undertake: 1) to observe laws and state rules, in which territory
Investments are carried out, that is to observe local and international the right, to abstain from fulfilment of the actions contradicting a public order, safety and traditional values of host countries; 2) to promote development of economy of the states-recipients, that is to make all efforts, to operate as respectable corporate subjects, to respect local culture and customs, and to adjust the actions with the country leaders in which territory investments are carried out; 3) to increase employment and to develop human resources, that is to hire the administrative board or technicians under own discretion, to follow a policy about maintenance of employment and training of corresponding local workers and employees, and not to subject their discrimination to signs of a sex, age, race and religion, to observe equality and a course on maintenance of the equal possibilities, it is necessary for capable workers to create promotion possibilities; 4) to protect environment, that is to use the best efforts, to improve an environment condition, to prevent destructive operation of natural resources, to make possible viable economic development.

Now within the limits of ATES the spadework on liberalisation mutual kapitalopotokov on the basis of realisation is led; 1) a transparency principle, in particular, the annual publication of the investment directory of member countries of the Forum, growth of mutual understanding among partners concerning the investment policy; 2) developments of mutual dialogue on investment questions between businessmen of the countries ATES for the purpose of improvement of an investment climate; dialogue with OESR and the other international organisations; dialogue continuations on a stimulation and liberalisation problem kapitalopotokov; studying of the general investment positions between functioning subregional groupings; the analysis of arrangements operating in the world on the investment policy for the purpose of signing of the agreement on liberalisation of mutual capitals, i.e. realisation of one of main objectives of creation of Asian-Pacific economic community; 3) stimulations of acceptance of practical steps on reduction of restrictions concerning capitals; 4) expansions of economic and technical cooperation, in particular, on the basis of the organisation of programs on a professional training for the purpose of rendering of assistance to member countries in achievement of objects in view, in carrying out of seminars on the investment policy; 5) workings out of initiatives on achievement of the purpose of free movement of the goods and capitals at the expense of research of effect of voluntary liberalisation in separate branches on inflow of capital investments; an estimation and rendering assistance to member countries in achievement of use of the reached level of economic development for the purpose of reception
Mutual advantages; definition of possibilities of voluntary liberalisation for local and foreign investors.

The analysis of positions of the Supervising Program leads to a conclusion that the Program on liberalisation of investments and trade in individual plans of action subjects ambiguities and not details, and basically refers to the international investment norms. The Program main objective - to offer the countries-participants ATES it is wide and detailed to transform the national legislation on foreign investments according to approved ATES to investment principles, in particular a principle of granting of a national treatment. However such offer is formulated for the countries-participants not as rigid command, and as a designation of the reference point used for election of the general course by own means and taking into account national features of economic development.

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A source: CHhorn prolyng. Legal regulation of foreign investments in the countries-participants ATES. The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow -. 2006

More on topic §3. A parity of certificates of the national legislation on foreign investments and documents ATESon investment questions:

  1. 140 §3. A parity of certificates of the national legislation on foreign investments and documents ATES on investment questions
  2. the CHAPTER II. The NATIONAL LEGISLATION ON FOREIGN INVESTMENTS In the COUNTRIES-PARTICIPANTS ATES And «not OBLIGING INVESTMENT PRINCIPLES»
  3. the HEAD of the Item the NATIONAL LEGISLATION ON FOREIGN INVESTMENTS In the COUNTRIES-PARTICIPANTS ATES And «not OBLIGING INVESTMENT PRINCIPLES»
  4. 1.1. Legal protection frames of foreign investments in the countries-participants ATES, based on the legislation on foreign investments
  5. §5. Value of Modelling contract ATES about investment projects for fastening by the national legislation of uniform approaches to investment regulation
  6. §5. Value of Modelling contract ATES about investment projects for fastening by the national legislation of uniform approaches to investment regulation
  7. 4.2. Joint ventures with the national and foreign capital, and the enterprises from 100 % foreign investments into the Peoples Republic of China and in Vietnam China. In
  8. § 1.3 Questions of protection of foreign investments in a historical retrospective show
  9. §1. The legislation on foreign investments in the industrially-developed countries-participants ATES (on an example of the USA and Canada)
  10. §1. The legislation on foreign investments in the industrially-developed countries-participants ATES (on an example of the USA and Canada)
  11. the CHAPTER IV. LEGAL PROTECTION FRAMES of FOREIGN INVESTMENTS And the ORDER of the PERMISSION of INVESTMENT DISPUTES In ATES
  12. the CHAPTER IV. LEGAL PROTECTION FRAMES of FOREIGN INVESTMENTS And the ORDER of the PERMISSION of INVESTMENT DISPUTES In ATES
  13. the bases of softening of punishment under criminal law in the international documents and the legislation of the separate foreign states
  14. PLOTNIKOVA LYUDMILA ANATOLEVNA. the PARITY of the FEDERAL LEGISLATION And the LEGISLATION of SUBJECTS of the RUSSIAN FEDERATION (THEORY QUESTIONS). The DISSERTATION ON COMPETITION of the SCIENTIFIC DEGREE of the MASTER OF LAWS. Moscow -, 2003 2003
  15. § 4. Kinds and a parity with the national legislation nadnatsionalnyh sources of the law of master and servant in EAES
  16. §2. The legislation on foreign investments in developing countries and the countries with the transitive economy, participating in ATES (on an example of China and Russia)