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]