The compensation guidelines issued by the World Bank (Seychelles is a Member State) provide the following:
IN SUMMARY THE FOLLOWING KEY COMPENSATION CRITERIA ARE PRESCRIBED BY INTERNATIONAL LAW:
Compensation for a specific investment taken by the State [Seychelles] will, be deemed "appropriate" if it is adequate, effective and prompt.
Adequate Compensation
Compensation will be deemed "adequate" if it is based on the fair market value of the assets taken as such value is determined immediately before the time at which the taking occurred or the decision to take the asset became publicly known. [The Seychelles Constitution provides for valuations to as of June 21, 1993]
Fair Market Value
Determination of Fair Market Value will be accepted if conducted according to a method agreed to by the State and the foreign investor (hereinafter referred to as the parties) or by a tribunal or another body designated by the parties. [The Seychelles Constitution provides for the valuations to reflect "fair" market value as of June 21, 1993]
Effective Compensation
Compensation will be deemed "effective" if it is paid in the currency brought in by the investor where it remains convertible, in another currency designated as freely usable by the International Monetary Fund or in any other currency accepted by the investor. [Foreign Exchange i.e. United States Dollars]
Prompt Compensation
Compensation will be deemed "prompt" in normal circumstances if paid without delay. In cases where the State [Seychelles] faces exceptional circumstances, as reflected in an arrangement for the use of the resources of the International Monetary Fund or under similar objective circumstances of established foreign exchange stringencies, compensation in the currency
designated above may be paid in installments within a period which will be as short as possible and which will not in any case exceed five years from the time of the taking, provided that reasonable, market-related interest applies to the deferred payments in the same currency.
Foreign Exchange Stringencies exist; Installment Payments were to be made over up to (5) Years from June 21, 1993; payments are over due; market related interest rates applies until payment in full has been made]
IN SUMMARY THE FOLLOWING KEY COMPENSATION CRITERIA ARE PRESCRIBED BY INTERNATIONAL LAW:
Compensation for a specific investment taken by the State [Seychelles] will, be deemed "appropriate" if it is adequate, effective and prompt.
Adequate Compensation
Compensation will be deemed "adequate" if it is based on the fair market value of the assets taken as such value is determined immediately before the time at which the taking occurred or the decision to take the asset became publicly known. [The Seychelles Constitution provides for valuations to as of June 21, 1993]
Fair Market Value
Determination of Fair Market Value will be accepted if conducted according to a method agreed to by the State and the foreign investor (hereinafter referred to as the parties) or by a tribunal or another body designated by the parties. [The Seychelles Constitution provides for the valuations to reflect "fair" market value as of June 21, 1993]
Effective Compensation
Compensation will be deemed "effective" if it is paid in the currency brought in by the investor where it remains convertible, in another currency designated as freely usable by the International Monetary Fund or in any other currency accepted by the investor. [Foreign Exchange i.e. United States Dollars]
Prompt Compensation
Compensation will be deemed "prompt" in normal circumstances if paid without delay. In cases where the State [Seychelles] faces exceptional circumstances, as reflected in an arrangement for the use of the resources of the International Monetary Fund or under similar objective circumstances of established foreign exchange stringencies, compensation in the currency
designated above may be paid in installments within a period which will be as short as possible and which will not in any case exceed five years from the time of the taking, provided that reasonable, market-related interest applies to the deferred payments in the same currency.
Foreign Exchange Stringencies exist; Installment Payments were to be made over up to (5) Years from June 21, 1993; payments are over due; market related interest rates applies until payment in full has been made]