Investment Agreements in the Western Hemisphere: A Compendium
Agreement Between Trinidad & Tobago and United States
26 September 1994
Subject: I. Scope of Application
A. Definition of Investment
The term "investment" means every kind of investment owned or controlled directly or indirectly by a national or company. This general definition is illustrated by a non exhaustive list of six groups of specific rights, including: a company; equity participation and debt interests in a company; contractual rights; tangible and intangible property; intellectual property; and, rights conferred pursuant to law. (Article I (d)). "National" of a Party means a natural person who is a national of that Party under its applicable law. (Article I (c)).
B. Definition of Investor
"Company" means any entity constituted or organized under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, and includes a corporation, trust, partnership, sole proprietorship, branch, joint venture, association, or other organization.
"Company of a Party" means a company constituted or organized under its applicable law. (Article I (a)(b)).
C. Application in Time
Date of signature: September 26, 1994 Entry into force: Thirty days after the date of exchange of instruments of ratification. Duration: 10 years. Thereafter it shall remain in force until either Party notifies the other Party, a year in advance, of its decision to terminate the Treaty. The Treaty shall apply to investments existing at the time of entry into force, as well as to investments made or acquired thereafter. The Parties confirm their mutual understanding that the provisions of the Treaty do no bind either Party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the Treaty. (Article 3 of the Protocol to the Treaty).