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Netherlands - Venezuela, Bolivarian Republic of BIT (1991)

Treaty type:
Bilateral Investment Treaties
Status:
Terminated
Date of signature:
22/10/1991
Date of entry into force:
01/11/1993
Date of termination:
01/11/2008
Type of termination:
Unilaterally denounced
Treaty full text:
en | es
IIA content:
Mapped
About

Mapped treaty elements

Reference to right to regulate (e.g. regulatory autonomy, policy space, flexibility to introduce new regulations) No
Reference to sustainable development No
Reference to social investment aspects (e.g. human rights, labour, health, CSR, poverty reduction) No
Reference to environmental aspects (e.g. plant or animal life, biodiversity, climate change) No
Definition of investment
Type of definition Asset-based definition
Limitations to the definition of investment
Excludes portfolio investment No
Excludes other specific assets (e.g. sovereign debt, ordinary commercial transactions, etc.) No
Lists required characteristics of investment No
Contains "in accordance with host State laws" requirement No
Sets out closed (exhaustive) list of covered assets No

Definition of investor
Definition included Yes
Specifying natural persons covered
Includes permanent residents No
Excludes dual nationals No
Specifying legal entities covered
Includes requirement of substantial business activity No
Defines ownership and control of legal entities Yes

Denial of benefits (DoB)
DoB clause included No
Content of the DoB clause
"Substantive business operations" criterion Not applicable
Applies to investors from States with no diplomatic relations or under economic/trade restrictions Not applicable
Discretionary ("Party may deny") or mandatory ("benefits shall be denied") Not applicable

Substantive scope of the treaty
Limiting substantive scope of the treaty
Excludes taxation No
Excludes subsidies, grants No
Excludes government procurement No
Excludes other subject matter No

Temporal scope of the treaty
Investments covered Applies to both pre-existing and post-BIT investments
Disputes covered Carves out pre-existing disputes

National treatment (NT)
Type of NT clause Post-establishment
Reference to "like circumstances" (or similar) No

Most-favoured-nation (MFN) treatment
Type of MFN clause Post-establishment
Exceptions from MFN obligation
Economic integration agreements Yes
Taxation treaties Yes
Procedural issues (ISDS) No

Fair and equitable treatment (FET)
Type of FET clause FET qualified
FET qualified
By reference to international law CIL/minimum standard of treatment
By listing FET elements (exhaustive or indicative list) No
FET modifiers FET combined with NT or MFN

Full protection and security Standard
Prohibition on unreasonable, arbitrary or discriminatory measures Yes
Expropriation
Scope of measures covered Indirect expropriation mentioned
Refining expropriation clause
Indirect expropriation defined No
Carve-out for general regulatory measures No
Carve-out for compulsory licenses in conformity with WTO No

Protection from strife
Specifications
Relative right to compensation (comparator) MFN and NT
Absolute right to compensation in certain circumstances No

Transfer of funds
Includes transfer of funds Yes
Exceptions to the transfer of funds obligation
Balance-of-payments exception No
Other specific exceptions (e.g. to protect creditors, etc.) No

Prohibition of performance requirements (PRs)
Includes prohibition of PRs No explicit PR clause
Type of PR clause Not applicable

Umbrella clause Yes
Entry and sojourn of personnel (subject to local laws) No
Senior management (nationality) No
Transparency
Directed at States (obligation to publish laws and regulations) No
Directed at investors No

Health and environment (any mentioning in the text, except preamble) No
Labour standards (any mentioning in the text, except preamble) No
Right to regulate (any mentioning in the text of this or similar concepts, except preamble) Yes
Corporate social responsibility (any mentioning in the text, except preamble) No
Corruption (any mentioning in the text, except preamble) No
Not lowering of standards (typically environment and/or labour standards) No
Subrogation clause Yes
Non-derogation clause (in case of IIA’s conflict with other norms, more favourable rules apply to investors) Yes
Investment promotion
Reference to specific promotion activities in text of agreement (not preamble) No

Essential security exception
Exception included No
Exception defined (exceptional circumstances described in more detail) Not applicable
Exception self-judging Not applicable

General public policy exceptions
Public health and environment No
Other public policy exceptions (e.g. cultural heritage, public order, etc.) No

Prudential carve-out (concerns financial measures) No
Scheduling and reservations (in treaty texts and annexes) Negative-list reservations
ISDS included Yes
Alternatives to arbitration Voluntary ADR (conciliation / mediation)
Scope and consent
Scope of claims: general approach (chapeau paragraph of ISDS clause) Covers treaty claims only
Limitations to the scope of ISDS
Limitation of provisions subject to ISDS No
Exclusion of policy areas from ISDS No
Special mechanism for taxation or prudential measures No
Type of consent to arbitration Provides express or implied consent

Forums
ISDS forum options
Domestic courts of the host State No
ICSID Yes
UNCITRAL No
Other forums Yes
Relationship between forums "No U turn" (waiver clause)

Other specific ISDS features
Limitation period for submission of claims No
Provisional measures No
Consolidation of claims No
Limited remedies (specifying available types of remedies) No
Treaty interpretation
Affirms binding interpretation by contracting parties or their joint committee No
Requires certain questions to be submitted to contracting parties (renvoi) No
Regulates submissions by non-disputing State party No
Transparency in arbitral proceedings
Requires documents to be made publicly available No
Requires hearings to be open to the public No
Regulates amicus curiae submissions by third (non-disputing) parties No

Mechanism for consultations between State parties Yes
Institutional framework (committee) No
Technical cooperation/capacity building No
Treaty duration
Years of initial treaty term 15 years

Automatic renewal 10 years
Amendment and termination
Unilateral termination
Includes modalities for unilateral termination Yes
Length of notice period Six months prior notice
Includes modalities for amendment or renegotiation No
"Survival"/"sunset" clause length 15 years

Originally mapped:
05/2014
Mapped by:
National University of La Plata (Argentina); Paris Institute of Political Studies (France)