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About foreign investment

Australia's bilateral investment treaties

Bilateral investment treaties (BITs) are agreements between two countries that include rules to promote and protect two-way investment between those countries. These investment rules provide protections and greater certainty for Australian investors overseas (and foreign investors in Australia), including provisions to ensure non-discrimination, restrictions on expropriation of an investor's property, and fair and equitable treatment for investments.

Our bilateral investment treaties

Australia is party to the following bilateral investment treaties

Argentina (Date of entry into force: 11 January 1997)

Agreement between the Government of Australia and the Government of the Argentine Republic on the Promotion and Protection of Investments, and Protocol

China (Date of entry into force: 11 July 1988)

Agreement between the Government of Australia and the Government of the People's Republic of China on the Reciprocal Encouragement and Protection of Investments

Czech Republic (Date of entry into force: 29 June 1994)

Agreement between Australia and the Czech Republic on the Reciprocal Promotion and Protection of Investments

Egypt (Date of entry into force: 5 September 2002)

Agreement between the Government of Australia and the Government of the Arab Republic of Egypt on the Promotion and Protection of Investments

Hungary (Date of entry into force: 10 May 1992)

Agreement between Australia and the Republic of Hungary on the Reciprocal Promotion and Protection of Investments

Indonesia (Date of entry into force: 29 July 1993)

Agreement between the Government of Australia and the Government of the Republic of Indonesia concerning the Promotion and Protection of Investments, and Exchange of Letters

Australia and Indonesia have agreed to terminate this Agreement (along with its 15 year survival clause contained in Article XV) upon entry into force of the Exchange of letters terminating the Agreement between the Government of Australia and the Government of the Republic of Indonesia concerning the Promotion and Protection of Investment, which was signed on 6 February 2020. Note that the Exchange of Letters has not yet entered into force.

Laos (Date of entry into force: 8 April 1995)

Agreement between Australia and the Lao People's Democratic Republic on the Reciprocal Promotion and Protection of Investments

Lithuania (Date of entry into force: 10 May 2002)

Agreement between the Government of Australia and the Government of the Republic of Lithuania on the Promotion and Protection of Investments

Pakistan (Date of entry into force: 14 October 1998)

Agreement between Australia and the Islamic Republic of Pakistan on the Promotion and Protection of Investments

Papua New Guinea (Date of entry into force: 20 October 1991)

Agreement between the Government of Australia and the Government of the Independent State of Papua New Guinea for the Promotion and Protection of Investments

Philippines (Date of entry into force: 8 December 1995)

Agreement between the Government of Australia and the Government of the Republic of the Philippines on the Promotion and Protection of Investments, and Protocol

Poland (Date of entry into force: 27 March 1992)

Agreement between Australia and the Republic of Poland on the Reciprocal Promotion and Protection of Investments

Romania (Date of entry into force: 22 April 1994)

Agreement between the Government of Australia and the Government of Romania on the Reciprocal Promotion and Protection of Investments

Sri Lanka (Date of entry into force: 14 March 2007)

Agreement between the Government of Australia and the Government of the Democratic Socialist Republic of Sri Lanka on the Promotion and Protection of Investments

Turkey (Date of entry into force: 29 June 2009)

Agreement between Australia and the Government of the Republic of Turkey on the Reciprocal Promotion and Protection of Investments

Uruguay (Date of entry into force: 12 December 2002)

Agreement between Australia and Uruguay on the Promotion and Protection of Investments

Australia and Uruguay have agreed to terminate this Agreement upon entry into force of the updated Agreement between Australia and Uruguay on the Promotion and Protection of Investments, which was signed on 5 April 2019. Note that the updated Agreement has not yet entered into force.

Treaties terminated (subject to transitional arrangements)

India (Date of entry into force: 4 May 2000. Terminated: 23 March 2017.)

Agreement between the Government of Australia and the Government of the Republic of India on the Promotion and Protection of Investments

The Agreement was unilaterally terminated by India on 23 March 2017. The provisions of the Agreement will continue to apply to investments made on or before 22 March 2017 for a period of 15 years from the date of termination of the Agreement. Investments made on or after 23 March 2017 will not be covered by the Agreement.

Mexico (Date of entry into force: 21 July 2007. Date terminated: 30 December 2018.)

Agreement with the Government of the United Mexican States on the Promotion and Reciprocal Protection of Investments, and Protocol

Australia and Mexico agreed to terminate this Agreement, subject to transitional arrangements, upon entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) as between Australia and Mexico. Further details can be found on the CPTPP text and associated documents page, specifically the 'Agreement between Australia and Mexico regarding Termination of Investment Promotion and Protection Agreement'.

Peru (Date of entry into force: 2 February 1997. Date terminated: 11 February 2020.)

Agreement between Australia and the Republic of Peru on the Promotion and Protection of Investments, and Protocol

Australia and Peru have agreed to terminate this Agreement upon entry into force of the Peru-Australia Free Trade Agreement (PAFTA), subject to transitional arrangements. Further details can be found on the PAFTA text and associated documents page. Note that PAFTA has not yet entered into force.

Vietnam (Date of entry into force: 11 September 1991. Date terminated: 14 January 2019.)

Agreement between Australia and the Socialist Republic of Vietnam on the Reciprocal Promotion and Protection of Investments

Australia and Vietnam agreed to terminate this Agreement, subject to transitional arrangements, upon entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) as between Australia and Vietnam. Further details can be found on the CPTPP text and associated documents page, specifically the 'Agreement between Australia and Viet Nam to maintain TPP bilateral agreements' and 'Australia – Viet Nam: Termination of Investment Promotion and Protection Agreement'.

United Nations Convention on Transparency in Treaty-based Investor-State Arbitration

Australia signed the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration on 18 July 2017, and is working towards ratification. The Convention is an instrument by which Parties to investment treaties concluded before 1 April 2014 express their consent to apply the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration. The Rules on Transparency are a set of procedural rules for making publicly available information on investor-State arbitration arising under investment treaties.

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