Treedt in werking op een nader te bepalen tijdstip
Neither Contracting Party shall nationalise or take any other measures depriving, directly or indirectly, the nationals of the other Contracting Party of their investments, unless the following conditions are complied with:
- a)the measures are taken in the public interest and under due process of law;
- b)the measures are not discriminatory or contrary to any undertaking which the Contracting Party which takes such measures may have given;
- c)the measures are taken against prompt, adequate and effective compensation. Such compensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier. The compensation referred to above shall include interest at a normal commercial rate until the date of payment and shall, in order to be effective for the claimants, be paid and made transferable, without delay, to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.