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Agreement between the Government of the Republic of Kazakhstan and Government of the Russian Federation on encouragement and mutual protection of investments

of July 6, 1998

The government of the Republic of Kazakhstan and the Government of the Russian Federation which are hereinafter referred to as with Contracting Parties

developing basic provisions of the Agreement on cooperation in the field of investing activities of December 24, 1993,

wishing to strengthen economic cooperation on long-term basis for mutual advantage of both Contracting Parties,

having intentions to create and support favorable conditions for investors of one Contracting Party in the territory of other Contracting Party,

recognizing that encouragement and mutual protection of investments on the basis of this agreement will promote development mutually advantageous trade and economic and sci-tech cooperation,

agreed about the following:

Article 1 of Determination

For the purposes of this agreement:

1. The term "investments" covers all types of the property and intellectual values put by the investor of one Contracting Party in the territory of the state of other Contracting Party according to its legislation, and in particular:

a) personal and real estate, and also any other related property rights;

b) money, and also shares, deposits, and other forms of participation; c) right to claim on money which invests for creation of the economic values, or to the services having economic value connected with investments;

d) exclusive rights on intellectual property items (copyright, the rights to inventions, industrial designs, useful models, trademarks or service marks, trade names, technology, information having the commercial value, and know-how);

e) the rights to implementation of business activity granted on the basis of the law or the agreement.

No change of form in which property invests or reinvested will influence their nature as investments provided that such change will not contradict the legislation of the Contracting Party in the territory of which state investments are performed.

2. The term "investor" means concerning each of Contracting Parties:

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