and Nationals and Investment Admission Expropriation Refer to -Freely companies made in ICSID repatriation for a public lawfully accordance with of return of constituted in its laws and purpose, investment subject to territory of that regulations in but subject to approval and and under due party or having the territory of its laws and in accordance process of law predominating either regulations with its interest of that contracting legislation party party, and on Malaysian side Treatment Compensation -MFN it must be an treatment approved prompt, will not project. adequate and extend to MFN effective, existing or treatment amount to future REIO market value and freely transferable and Nationals and On Malaysian Admission Expropriation 1. local Including companies side, approved administrative shipping for a public lawfully project and judicial services constituted in purpose, remedies in accordance On the side, due process of accordance with with their its legislation of investment law and 2. to under the legislation, ICSID that and approval relevant laws On the side, and regulations process Compensation Treatment including prompt, companies Post-entry adequate and controlled effective directly or national indirectly by its treatment national or legal person. Nationals and Investment Admission Expropriation Refer to -Freely companies of brought into, ICSID transfer of for public use, either party. derived from, or investment and Companies directly in the public but subject to fair and interest or lawfully connected with the right to equitable national constituted in investment impose treatment defence the territory of brought into the equitably that contracting territory of and in good party, and either faith such actually doing contracting measures to Treatment Compensation business in the in conformity safeguard the territory of that with their laws integrity and Post-entry just party wherein a and regulations compensation at place of of its MFN the market effective currency value, without management is undue delay - Exception situated, and and freely directly or of MFN convertible indirectly currency contracting controlled by will not the national or extend company of that privilege and party preference to custom union, free trade area,
and Nationals and companies lawfully constituted in territory of that party or having predominating interest of that party Investment made in accordance with its laws and regulations in the territory of either contracting party, and on Malaysian side it must be an approved project. Admission subject to approval and in accordance with its legislation Treatment MFN treatment Expropriation for a public purpose, and under due process of law Compensation prompt, adequate and effective, amount to market value and freely transferable Refer to ICSID -Freely repatriation of return of investment but subject to its laws and regulations -MFN treatment will not extend to existing or future REIO and Nationals and companies lawfully constituted in accordance with its legislation of that On the side, including companies controlled directly or indirectly by its national or legal person. On Malaysian side, approved project On the side, investment under the relevant laws and regulations Admission in accordance with their legislation, and approval process Treatment Post-entry national treatment Expropriation for a public purpose, due process of law and Compensation prompt, adequate and effective 1. local administrative and judicial remedies 2. to ICSID Including shipping services and Nationals and companies of either party. Companies lawfully constituted in the territory of that contracting party, and actually doing business in the territory of that party wherein a place of effective management is situated, and directly or indirectly controlled by the national or company of that party Investment brought into, derived from, or directly connected with investment brought into the territory of either contracting in conformity with their laws and regulations Admission fair and equitable treatment Treatment Post-entry MFN Expropriation for public use, in the public interest or national defence Compensation just compensation at the market value, without undue delay and freely convertible currency Refer to ICSID -Freely transfer of investment but subject to the right to impose equitably and in good faith such measures to safeguard the integrity and of its currency - Exception of MFN contracting will not extend privilege and preference to custom union, free trade area,
Investment%20Liberalisation%20under%20FTA.docx