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Angola - Brazil BIT (2015)

Parties:
Treaty type:
Bilateral Investment Treaties
Status:
In force
Date of signature:
01/04/2015
Date of entry into force:
11/10/2017
Treaty full text:
pt
IIA content:
Mapped
About

Mapped treaty elements

Reference to right to regulate (e.g. regulatory autonomy, policy space, flexibility to introduce new regulations) Yes
Reference to sustainable development Yes
Reference to social investment aspects (e.g. human rights, labour, health, CSR, poverty reduction) Yes
Reference to environmental aspects (e.g. plant or animal life, biodiversity, climate change) No
Definition of investment
Type of definition No definition
Limitations to the definition of investment
Excludes portfolio investment Not applicable
Excludes other specific assets (e.g. sovereign debt, ordinary commercial transactions, etc.) Not applicable
Lists required characteristics of investment Not applicable
Contains "in accordance with host State laws" requirement Not applicable
Sets out closed (exhaustive) list of covered assets Not applicable

Definition of investor
Definition included No
Specifying natural persons covered
Includes permanent residents Not applicable
Excludes dual nationals Not applicable
Specifying legal entities covered
Includes requirement of substantial business activity Not applicable
Defines ownership and control of legal entities Not applicable

Denial of benefits (DoB)
DoB clause included Yes
Content of the DoB clause
"Substantive business operations" criterion Yes
Applies to investors from States with no diplomatic relations or under economic/trade restrictions No
Discretionary ("Party may deny") or mandatory ("benefits shall be denied") Unilaterally discretionary

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 Not stipulated
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 Pre- and 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 None
FET qualified
By reference to international law Not applicable
By listing FET elements (exhaustive or indicative list) Not applicable
FET modifiers Not applicable

Full protection and security No clause
Prohibition on unreasonable, arbitrary or discriminatory measures No
Expropriation
Scope of measures covered Indirect expropriation not 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 Yes

Transfer of funds
Includes transfer of funds Yes
Exceptions to the transfer of funds obligation
Balance-of-payments exception Yes
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) Yes
Senior management (nationality) No
Transparency
Directed at States (obligation to publish laws and regulations) Yes
Directed at investors No

Health and environment (any mentioning in the text, except preamble) Yes
Labour standards (any mentioning in the text, except preamble) Yes
Right to regulate (any mentioning in the text of this or similar concepts, except preamble) No
Corporate social responsibility (any mentioning in the text, except preamble) Yes
Corruption (any mentioning in the text, except preamble) No
Not lowering of standards (typically environment and/or labour standards) No
Subrogation clause No
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) Yes

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) None
ISDS included No
Alternatives to arbitration Not applicable
Scope and consent
Scope of claims: general approach (chapeau paragraph of ISDS clause) Not applicable
Limitations to the scope of ISDS
Limitation of provisions subject to ISDS Not applicable
Exclusion of policy areas from ISDS Not applicable
Special mechanism for taxation or prudential measures Not applicable
Type of consent to arbitration Not applicable

Forums
ISDS forum options
Domestic courts of the host State Not applicable
ICSID Not applicable
UNCITRAL Not applicable
Other forums Not applicable
Relationship between forums Not applicable

Other specific ISDS features
Limitation period for submission of claims Not applicable
Provisional measures Not applicable
Consolidation of claims Not applicable
Limited remedies (specifying available types of remedies) Not applicable
Treaty interpretation
Affirms binding interpretation by contracting parties or their joint committee Not applicable
Requires certain questions to be submitted to contracting parties (renvoi) Not applicable
Regulates submissions by non-disputing State party Not applicable
Transparency in arbitral proceedings
Requires documents to be made publicly available Not applicable
Requires hearings to be open to the public Not applicable
Regulates amicus curiae submissions by third (non-disputing) parties Not applicable

Mechanism for consultations between State parties No
Institutional framework (committee) Yes
Technical cooperation/capacity building Yes
Treaty duration
Years of initial treaty term 10 years

Automatic renewal 10 years
Amendment and termination
Unilateral termination
Includes modalities for unilateral termination Yes
Length of notice period One year prior notice
Includes modalities for amendment or renegotiation No
"Survival"/"sunset" clause length None

Originally mapped:
06/2016
Mapped by:
UNCTAD