МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ КИТАЙСКОЙ НАРОДНОЙ РЕСПУБЛИКИ О ПООЩРЕНИИ И ВЗАИМНОЙ ЗАЩИТЕ КАПИТАЛОВЛОЖЕНИЙ. Соглашение. Правительство РФ. 09.11.06

PROTOCOL
               TO THE AGREEMENT BETWEEN THE GOVERNMENT
             OF THE RUSSIAN FEDERATION AND THE GOVERNMENT
          OF THE PEOPLE`S REPUBLIC OF CHINA ON THE PROMOTION
               AND RECIPROCAL PROTECTION OF INVESTMENTS

                         (Beijing, 9.XI.2006)

     On  the  signing  of  the  Agreement  on Promotion and Reciprocal
Protection  of  Investments  between  the  Government  of  the Russian
Federation  and  the  Government  of  the  People`s  Republic of China
(hereinafter   referred   to   as   the  Agreement),  the  undersigned
representatives   have   agreed  on  the  following  provisions  which
constitute an integral part of the Agreement:
     1.  Unless  otherwise  agreed  by  both  Contracting Parties, the
Agreement  does  not  apply  to  the  Hong Kong Special Administrative
Region  of  the  People`s  Republic  of  China  and  the Macao Special
Administrative Region of People`s Republic of China.
     2. Ad Article 3
     The Chinese side takes the note that, with reference of Paragraph
5  in Article 3 of the Agreement, the Russian Federation considers the
WTO General Agreement on Trade in Services falling within the scope of
multilateral arrangements concerning the treatment of investments.
     3. Ad Article 9
     Before  the submission of a dispute mentioned in Article 9 of the
Agreement  to instances stipulated in paragraphs 2b and 2c of the said
Article  the Contracting Party involved in the dispute may require the
investor  concerned  to  go  through  domestic  administrative  review
procedures  specified  by the laws and regulations of that Contracting
Party. Such domestic administrative review procedures:
     1. shall be applied on the most favoured nation treatment basis;
     2.  shall not in any case take a period of more than 90 days from
the  date  when  the administrative review body accepts the investor`s
application for administrative review procedures. In any case when the
administrative  review  body  does  not accept the said application or
fails  to  reply  within  the  said 90-day period after it accepts the
application,  the investor concerned is entitled to submit the dispute
to  the instances mentioned in paragraph 2b and 2c of Article 9 of the
Agreement;
     3. shall not prevent the investor from submitting the dispute for
resolution  to  the  Center  Centre  or  ad  hoc  arbitration court in
accordance  with the provisions of paragraph 2b and 2c of Article 9 of
the Agreement;
     4.  shall  not  substitute  any arbitration procedure or instance
mentioned in paragraph 2b and 2c of Article 9 of the Agreement.

     Done  in duplicate at Beijing on November 9, 2006 in the Russian,
Chinese  and  English languages, all texts being equally authentic. In
case of divergent interpretation, the English text shall prevail.