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1、Agreement between the Government of the Peoples Republic of China and the Swiss Federal Council on the Promotion and Reciprocal Protection of Investments文章来源：Department of Law (b) shares, parts or any other kind of participation in companies;(c) claims to money or to any performance having an econom
2、ic value;(d) copyrights, industrial property rights (such as patents, utility models, industrial designs or models, trade or service marks, trade names, indications of origin), know-how and goodwill;(e) business concessions under public law, including concessions to search for, extract or exploit na
3、tural resources as well as all other rights given by law, by contract or by decision of the authority in accordance with the law.(2) The term “investor“ refers with regard to either Contracting Party to:(a) natural persons who, according to the law of that Contracting Party, are considered to be its
4、 nationals;(b) legal entities, including companies, corporations, business associations and other organizations, which are constituted or otherwise duly organized under the law of that Contracting Party and have their seat, together with real economic activities, in the territory of the same Contrac
5、ting Party;(c) legal entities established under the law of a third State but effectively controlled by natural persons as defined in (a) above or by legalentities as defined in (b) above.(3) The term “returns“ means the amounts yielded by an investment and includes in particular, profits, interest,
6、capital gains, dividends, royalties and fees.(4)The term “territory“ means the territory of either Contracting Party, including the land territory, the internal waters and, where applicable, the territorial sea and the airspace above them, as well as any maritime area beyond the territorial sea of t
7、he Contracting Party concerned, including the seabed, subsoil and natural resources thereof, over which that Party exercises sovereign rights or jurisdiction in accordance with domestic and international law.Article 2Scope of applicationThe present Agreement shall apply to investments in the territo
8、ry of one Contracting Party made in accordance with its laws and regulations by investors of the other Contracting Party, whether prior to or after the entry into force of the Agreement. It shall however not be applicable to claims or disputes arising out of events which occurred prior to its entry
9、into force.Article 3Promotion, admission(1) Each Contracting Party shall in its territory promote as far as possible investments by investors of the other Contracting Party and admit such investments in accordance with its laws and regulations.(2) When a Contracting Party shall have admitted an inve
10、stment on its territory, it shall provide, in accordance with its laws and regulations, all necessary permits or authorisations in connection with such investment including permits for the carrying out of licensing agreements and contracts for technical or administrative assistance as well as author
11、isations required for personnel of the investors choice.Article 4Protection, treatment(1) Investments and returns of investors of each Contracting Party shall at all times be accorded fair and equitable treatment and shall enjoy full protection and security in the territory of the other Contracting
12、Party. Neither Contracting Party shall in any way impair by unreasonable or discriminatory measures the management, maintenance, use, enjoyment, extension or disposal of such investments.(2) Each Contracting Party shall in its territory accord investments or returns of investors of the other Contrac
13、ting Party treatment not less favourable than that which it accords to investments or returns of its own investors (national treatment) or to investments or returns of investors of any third State (MFN treatment), whichever is more favourable to the investor concerned.(3) Each Contracting Party shal
14、l in its territory accord investors of the other Contracting Party, as regards the management, maintenance, use, enjoyment or disposal of their investments, treatment not less favourable than that which it accords to its own investors (national treatment) or investors of any third State (MFN treatme
15、nt), whichever is more favourable to the investor concerned.(4) If a Contracting Party accords special advantages to investors of any third State by virtue of an agreement establishing a free trade area, a customs union or a common market or by virtue of an agreement on the avoidance of double taxat
16、ion, it shall not be obliged to accord such advantages to investors of the other Contracting Party.Article 5Transfers(1) Each Contracting Party in whose territory investments have been made by investors of the other Contracting Party shall grant those investors the transfer of the amounts relating to such investments, in particular of:(a) returns;(b) payments relating to loans incurred, or other contractual obligations undertaken, for th
