The Government of the Kingdom of the Netherlands
The Government of the Republic of Ghana,
hereinafter referred to as the Contracting Parties,
Desiring to strengthen the traditional ties of friendship between their countries, to extend and intensify the economic relations between them particularly with respect to investments by the nationals of one Contracting Party in the territory of the other Contracting Party,
Recognizing that agreement upon the treatment to be accorded to such investments will stimulate the flow of capital and technology and the economic development of the Contracting Parties and that fair and equitable treatment of investment is desirable,
Have agreed as follows:
Article 1. Definitions
For the purposes of the present Agreement:
(a) the term "investments" shall comprise every kind of asset and more particularly, though not exclusively:
(i) movable and immovable property as well as any other rights in rem in respect of every kind of asset;
(ii) rights derived from shares, bonds and other kinds of interests in companies and joint ventures:
(iii) title to money and other assets and to any performance having an economic value;
(iv) rights in the field of intellectual property, technical processes, goodwill and know-how; and
(v) rights granted under public law, including rights to prospect, explore, extract and win natural resources.
(b) the term "nationals" shall comprise with regard to either Contracting Party:
(i) natural persons having the nationality of that Contracting Party in accordance with its law;
(ii) without prejudice to the provisions of (iii) hereafter, legal persons constituted under the law of that Contracting Party; and
(iii) legal persons located either in Ghana or the Netherlands and controlled, directly or indirectly, by nationals of that Contracting Party.
(c) the term "territory" includes the maritime areas adjacent to the oast of the State concerned, to the extent to which that State may exercise sovereign rights or jurisdiction in those areas according to international law.
Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Republic of Ghana
Article 1. Definitions
Article 2. Promotion of Investments
Article 3. Protection of Investments
Article 4. Taxation
Article 5. Repatriation of Investments and Returns
Article 6. Expropriation
Article 7. Compensation for Losses
Article 8. Subrogation
Article 9. Settlement of Disputes between an Investor and a Host State
Article 10. Applicability
Article 11. Territorial Extensions
Article 12. Consultation
Article 13. Settlement of Disputes between the Contracting Parties
Article 14. Duration and Termination
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