Bilateral Investment Treaties Concluded by Taiwan

 

A Bilateral investment treaty (BIT) is an agreement between two countries that sets up the rules for foreign investment in each other’s countries, providing companies and individuals with special rights and legal protections when they invest in a foreign country. Therefore, in order to address foreign investors’ concerns and promote investing, many countries have entered intro bilateral treaties for the protection of investment. When two countries enter into a BIT, both agree to provide protections for the other country’s foreign investors that they would not otherwise have, reducing many of the risks associated with foreign investment. It provides major benefits to foreign investors, including fair and equitable treatment. A key protection offered by the majority of bilateral investment treaties is to allow international arbitration in the event of an investment dispute, rather than to force foreign investors to sue the host-State in its own courts. In this context, BITs are typically created to promote investment in the host State.

The United Nations Conference on Trade and Development (UNCTAD) reaches the following 23 bilateral investment agreements in force concluded by the Republic of China with the following contracting states:

 

No.

Contracting State

Date of signature

Date of entry into force

Text

1

Belize

16/01/1999

Not into force

Agreement Between the Government of the Republic of China and the Government of the Belize on the Promotion and Reciprocal Protection of Investments

2

Costa Rica

25/03/1999

08/10/2004

Agreement Between the Republic of Costa Rica and the Republic of China on the Promotion and Reciprocal Protection of Investment

3

Dominican Republic

05/11/1999

27/11/2001

(in Spanish) Agreement Between the Government of the Dominican Republic and the Government of the Republic of China for the Protection and Reciprocal Promotion of Investment

4

El Salvador

30/08/1996

25/02/1997

 

5

Gambia

09/08/2005

13/10/2010

Agreement between the Republic of China (Taiwan) and the Republic of the Gambia on the promotion and reciprocal protection of investment (draft)

6

Guatemala

02/11/1999

01/12/2001

(in Spanish) Convention between the Government of the Republic of Guatemala and the Government of the Republic of China for the promotion and protection of investment

7

Honduras

26/02/1996

Not in force

 

8

India

17/10/2002

28/11/2002

Agreement between the India Taipei Association in Taipei and The Taipei Economic and Cultural Center in New Delhi on the Promotion and Protection of Investments

9

Macedonia

09/06/199

09/06/1999

Agreement between the Government of the Republic of China and the Republic of Macedonia on the Promotion and Reciprocal Protection of Investments

10

Malawi

22/04/1995

Not in force

 

11

Malaysia

18/02/1993

18/03/1993

 

12

Marshall Islands

01/05/1999

Not in force

 

13

Nicaragua

29/07/1992

Terminated

 

14

Nigeria

07/04/1994

07/04/1994

 

15

Panama

26/03/1992

14/07/1993

 

16

Paraguay

06/04/1992

11/09/1992

(In Spanish) Convention between the Government of the Republic of Paraguay and the Government of the Republic of China for mutual investment guarantees

17

Philippines

28/02/1992

28/02/1992

 

18

Saint Vincent and the Grenadines

17/12/2009

01/02/2010

Agreement Between the Government of the Republic of China (Taiwan) and the Government of Saint Vincent and the Grenadines for the Reciprocal Promotion and Promotion of investments

19

Saudi Arabia

31/10/200

Not in force

 

20

Senegal

24/10/1997

Not in force

 

21

Singapore

09/04/1990

09/04/1990

 

22

Swaziland

03/03/1998

Not in force

Agreement between the Government of the Republic of China and the Government of the Kingdom of Swaziland on the Promotion and Reciprocal Protection of Investments

23

Thailand

30/04/1996

30/04/1996

Agreement Between the Thailand Trade and Economic Office in Taipei and the Taipei Economic and Trade Office in Thailand for the Promotion and Protection of Investments

24

Vietnam

21/04/1996

23/04/1993

 

 

Not named by the United Nations, but named by the U.S. Department of State. In 25/06/1952 the United States and Taiwan signed the agreement called “Agreement Dealing with Guaranty of American Investment of Private Capital in Taiwan”.

 

Other Investment Agreements

 

No.

Contracting State

Date of signature

Date of entry into force

Text

1

New Zealand

10/07/2013

01/12/2013

Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu

2

China

29/06/2010

01/09/2010

Cross-Straits Economic Cooperation Framework Agreement between China and Taiwan

3

Nicaragua

23/06/2006

01/01/2008

Free Trade Agreement Between the Republic of China (Taiwan) and the Republic of Nicaragua

4

Guatemala

22/09/2005

01/07/2006

(in Spanish) Free Trade Treaty between the Republic of Guatemala and the Republic of China (Taiwan)

5

Panama

21/08/2003

01/01/2004

Free Trade Agreement between the Republic of China and the Republic of Panama

 

 

Reference:

UNCTAD: Taiwan Province of China

http://investmentpolicyhub.unctad.org/IIA/CountryBits/205#iiaInnerMenu

U.S. Department of State. Diplomacy in Action. Taiwan:

http://www.state.gov/e/eb/rls/othr/ics/2012/191245.htm

 

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