Canada-China FIPA of Sept 9.pdfVIP

Agreement Between the Government of Canada and the Government of the Peoples Republic of China for the Promotion and Reciprocal Protection of Investments *Please note that the Agreement Between the Government of Canada and the Government of the Peoples Republic of China for the Promotion and Reciprocal Protection of Investments, done at Vladivostok/September 9, 2012, has to be tabled in Parliament for 21-sitting-days before ratification and will enter into force after an exchange of notes between the Parties indicating that each Party has completed its domestic approval processes. THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA the “Contracting Parties” , RECOGNIZING the need to promote investment based on the principles of sustainable development; DESIRING to intensify the economic cooperation of both States, based on equality and mutual benefit; HAVE AGREED as follows: Part A Article 1 Definitions For the purpose of this Agreement, ? 1. “investment” means: o a an enterprise; o b shares, stocks and other forms of equity participation in an enterprise; o c bonds, debentures, and other debt instruments of an enterprise; o d a loan to an enterprise i where the enterprise is an affiliate of the investor, or ii where the original maturity of the loan is at least three years; o e notwithstanding sub-paragraphs c and d above, a loan to or debt security issued by a financial institution is an investment only where the loan or debt security is treated as regulatory capital by the Contracting Party in whose territory the financial institution is located; o f an interest in an enterprise that entitles the owner to share in the income or profits of the enterprise; o g an interest in an enterprise that entitles the owner to share in the assets of that enterprise on dissolution; o h interests arising from the commitment of capital or other resources in the territory of a Contracting Party t