ALCA FTAA ZLEA - Investment: Transfers - Colombia/Peru

Free Trade Area of the Americas - FTAA

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Investment Agreements in the Western Hemisphere: A Compendium

Agreement Between Colombia and Peru
26 April 1994

Subject: IV. Transfers

A. Types of Payment

1. Returns
Yes. Each Contracting Party shall guarantee to nationals or companies of the other Contracting Party the free transfer of payments related to an investment, in particular, but not exclusively: a) investment capital and reinvestments made in accordance with the laws and regulations of the Contracting Party in which these investments were made; b) returns; c) proceeds of the sale or the total or partial liquidation of the investment. (Article 6 (1)).

2. Repayment of Loans

3. Proceeds of Total or Partial Liquidation of an Investment
Yes. (Article 6 (1) (c)).

4. Licenses and Other Fees

5. Other Categories of Payments Yes. (Article 6 (1) (a)).

B. Convertibilty and Exchange Rates

1.Currency
Transfers shall be effected in a freely convertible currency at the market rate of exchange applicable on the date of transfer, and without restriction and delay. (Article 6 (2)).

2. Exchange Rates
Transfers shall be effected at the market rate of exchange applicable on the date of transfer. (Article 6 (2)).

3. Time of Transfer
Transfers shall be effected without restriction and delay. (Article 6 (2)). Notwithstanding what is said in Article 6 (2), the Contracting Parties could establish restrictions with respect to the free transfer of payments related to an investment in the case of balance-of-payment difficulties. These restrictions shall be exercised for a limited period of time in an equitable way, in good faith and in a non-discriminatory manner. (Article 6 (3)).


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