Encyclopedia
Investment
Your opinion
Investment means all kinds of property values that are invested by an investor from one Contracting Party on the territory of another Contracting Party in accordance with the legislation of the latter Contracting Party, which have such characteristics as, among others, capital or other resources investment, expectation of profit and risk acceptance, in particular, although not exclusively: a) movable and immovable property, as well as any related property rights; b) shares and other forms of participation in the capital of a legal entity; c) claims to monetary funds or to agreements with economic value and related to investments; d) rights in intellectual property, in particular copyright, patents, utility models, trademarks, industrial designs, integrated circuit layout designs, trade names, indications of source or geographical origin, technologies and "know-how"; e) rights granted under legislation or agreements relating to the conduct of business activities, in particular exploration, development, extraction and exploitation of natural resources; f) bonds, debt obligations, loans and other forms of debt instruments. For greater clarity, the term "investment" does not include: i) claims to monetary funds arising exclusively from commercial contracts for the sale or lease of goods or services; ii) loans to the Contracting Party; iii) debt securities issued by the central, regional, or local government of the Contracting Party; iv) claims to monetary funds arising exclusively as a result of granting credit in connection with a commercial transaction, such as trade financing; v) decisions or rulings within any judicial, administrative, or arbitral proceedings. No change in the form in which property values are invested affects their qualification as investments, provided that such change does not contradict the legislation of the Contracting Party on whose territory the investment is made1.
Investment - refers to the placement of capital by an investor from one Contracting Party on the territory of another Contracting Party in accordance with the legislation of the latter Contracting Party, which have such characteristics as, inter alia, the investment of capital or other resources, expectation of profit and acceptance of risk, including but not limited to: a) movable and immovable property, as well as any property rights; b) shares, stocks and any other forms of participation in the capital of commercial organizations; c) claims to monetary funds or under contracts, having economic value and related to investments; d) rights in intellectual property, in particular copyright, patents, utility models, trademarks, industrial designs, integrated circuit layout designs, trade names, technologies and "know-how"; e) rights granted under legislation or agreements relating to the conduct of business activities, in particular exploration, development, extraction and exploitation of natural resources; f) bonds, debt obligations, loans and other forms of debt instruments; g) business reputation. For greater clarity, the term "investment" does not include: i) claims to monetary funds arising exclusively from commercial contracts for the sale or lease of goods or services; ii) claims to monetary funds arising exclusively as a result of granting credit in connection with a commercial transaction, such as trade financing; iii) decisions or rulings within any judicial, administrative, or arbitral proceedings. No change in the form in which property values are invested affects their qualification as investments, provided that such change does not contradict the legislation of the Contracting Party whose territory is where the investment is made. For the purposes of the concept of "investment," this Agreement does not apply to sectors of services or other types of activities provided or carried out on a non-commercial basis or not under competitive conditions with one or more persons engaged in the same type of activity2.
Agreement between the Government of the Russian Federation and the Government of the Union of Myanmar on Encouragement and Protection of Investments, as amended on 2026-06-22, art. 1. ↩
Agreement between the Government of the Russian Federation and the Government of the People's Republic of China on Encouragement and Mutual Protection of Investments, as amended on 2026-01-19, art. 1. ↩
Your opinion
How useful was this material to you?
Choose a reaction, rate the material, and tell us what could be improved.
Your impression
Rating