ARTICLE XIII

Commercial travelers representing nationals and companies of either Party engaged in business within the territories thereof shall, upon their entry into and departure from the territories of the other Party and during their sojourn therein, be accorded mostfavored-nation treatment in respect of the customs and other matters, including, subject to the exceptions in paragraph 5 of Article XI, taxes and charges applicable to them, their samples and the taking of orders.

ARTICLE XIV

1. Each Party shall accord most-favorednation treatment to products of the other Party, from whatever place and by whatever type of carrier arriving, and to articles destined for exportation to the territories of such other Party, by whatever route and by whatever type of carrier, in all matters relating to customs duties and other charges, and with respect to all other regulations, requirements and formalities imposed on or in connection with imports and exports.

2. Neither Party shall impose any prohibition or restriction on the importation of any product of the other Party, or on the exportation of any article to the territories of the

other Party, that:

(a) if imposed on sanitary or other customary grounds of a noncommercial nature or in the interest of preventing deceptive or unfair practices, arbitrarily discriminates in favor of the importation of the like product of, or the exportation of the like article to, any third country;

(b) if imposed on other grounds, does not apply equally to the importation of the like product of, or the exportation of the like article to, any third country; or

(c) if a quantitative regulation involving allotment to any third country with re

spect to an article in which such other Party has an important interest, fails to afford to the commerce of such other Party a share proportionate to the amount by quantity or value supplied by or to such other Party during a previous representative period, due consideration being given to any special factors affecting the trade in the article.

3. Nationals and companies of either Party shall be accorded national treatment and most-favored-nation treatment by the other Party with respect to all matters relating to importation and exportation.

4. As used in the present Treaty the term

1. Each Party undertakes (a) that enterprises owned or controlled by its Government, and that monopolies or agencies granted exclusive or special privileges within its territories, shall make their purchases and sales involving either imports or exports affecting the commerce of the other Party

solely in accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purchase or sale; and (b) that the nationals, companies and commerce of such other Party shall be afforded

adequate opportunity, in accordance with customary business practice, to compete for participation in such purchases and sales.

2. Each Party shall accord to the nationals, companies and commerce of the other Party fair and equitable treatment, as compared with that accorded to the nationals, com

panies and commerce of any third country, with respect to: (a) the governmental purchase of supplies, (b) the awarding of concessions and other government contracts, and (c) the sale of any service sold by the Government or by any monopoly or agency granted exclusive or special privileges.

ARTICLE XVIII

1. The two Parties will, upon the request of either of them, have discussions regarding the actual or prospective existence of business practices which may have harmful effects upon commerce between their respective territories; and each will take such measures as it deems appropriate with a view

publicly owned or controlled shall, if it engages in commercial, manufacturing, processing, shipping or other business activities within the territories of the other Party, claim or enjoy, either for itself or for its property, immunity therein from taxation, suit, execution of judgment or other liability to which privately owned and controlled enterprises are subject therein.

ARTICLE XIX

1. Between the territories of the two Parties there shall be freedom of commerce and navigation.

2. Vessels under the flag of either Party, and carrying the papers required by its law in proof of nationality, shall be deemed to be vessels of that Party, both on the high seas and within the ports, places and waters of the other Party.

3. Vessels of either Party shall have liberty, on equal terms with vessels of the other Party and on equal terms with vessels of any third country, to come with their cargoes to all ports, places and waters of such other Party open to foreign commerce and navigation. Such vessels and cargoes shall in all respects be accorded national treatment and most-favored-nation treatment within the ports, places and waters of such other Party; but each Party may reserve exclusive rights and privileges to its own vessels with respect to the coasting trade, inland navigation and national fisheries.

4. Vessels of either Party shall be accorded national treatment and most-favored-nation treatment by the other Party with respect to the right to carry all articles that may be carried by vessel to or from the territories of such other Party; and such articles shall be accorded treatment no less favorable than that accorded like articles carried in vessels

of such other Party, with respect to: (a) duties and charges of all kinds, (b) the administration of the customs, and (c) bounties, drawbacks and other privileges of this nature.

5. Vessels of either Party that are in distress shall be permitted to take refuge in the nearest port or haven of the other Party, and shall receive friendly treatment and assistplies and materials for repairs, as may be ance, including such repairs, as well as supnecessary and available.

6. The term "vessels", as used herein, means all types of vessels, whether privately owned or operated, or publicly owned or op

produce or manufacture of". The provisions of the present Article shall not apply to advantages accorded by either Party:

(a) to products of its national fisheries; (b) to adjacent countries in order to facilitate frontier traffic; or

(c) by virtue of a customs union of which either Party, after consultation with the other Party, may become a member.

ARTICLE XV

1. Each Party shall promptly publish laws, regulations and rulings of general application pertaining to rates of duty, taxes or other charges, to the classification of articles for customs purposes, and to requirements or restrictions on imports and exports or the transfer of payments therefor, or affecting

their sale, distribution or use; and shall administer such laws, regulations and rulings in a uniform, impartial and reasonable

manner.

2. Each Party shall provide an appeals procedure under which nationals and companies of the other Party, and importers of products of such other Party, shall be able to obtain prompt and impartial review, and correction when warranted, of administrative action relating to customs matters, including the imposition of fines and penalties, confiscations, and rulings on questions of customs classification and valuation by the administrative authorities. Penalties imposed for infractions of the customs and shipping laws and regulations shall be merely

Business practices which may have harmful effects are those which restrain competition, limit access to markets or foster monopolistic control, and which are engaged in or made effective by one or more private or public commercial enterprises or by combination, agreement, or other arrangement among such enterprises.

2. Rights and privileges with respect to commercial, manufacturing and processing activities accorded, by the provisions of the present Treaty, to privately owned and controlled enterprises of either Party within the territories of the other Party shall extend to rights and privileges of an economic nature granted to publicly owned or controlled enterprises of such other Party, in situations in which such publicly owned or controlled enterprises operate in fact in competition with privately owned and controlled enterprises. The preceding sentence shall not, however, apply to subsidies granted to publicly owned or controlled enterprises in connection with: (a) manufacturing or processing goods for government use, or supplying goods and services to the Government for government use; or (b) supplying, at prices substantially below competitive prices, the needs of particular population groups for essential goods and services not otherwise practically obtainable by such groups.

3. No enterprise of either Party, including corporations, associations, and government agencies and instrumentalities, which is

reference to paragraph 5 of the present Article, include fishing vessels or vessels of war.

ARTICLE XX

There shall be freedom of transit through the territories of each Party by the routes most convenient for international transit:

(a) for nationals of the other Party, together with their baggage;

(b) for other persons, together with their baggage, en route to or from the territories of such other Party; and

(c) for articles of any origin en route to or from the territories of such other Party. Such persons and articles in transit shall be exempt from transit, customs and other duties, and from unreasonable charges and requirements; and shall be free from unnecessary delays and restrictions. They shall, however, be subject to measures referred to in paragraph 3 of Article II, and to nondiscriminatory regulations necessary to prevent abuse of the transit privilege.

ARTICLE XXI

1. The present Treaty shall not preclude the application of measures:

(a) regulating the importation or exportation of gold or silver;

(b) relating to fissionable materials, to radioactive byproducts of the utilization or processing thereof or to materials that are the source of fissionable materials;

(c) regulating the production of or traffic in arms, ammunition and implements of war,

or traffic in other materials carried on directly or indirectly for the purpose of supplying a military establishment;

(d) necessary to fulfill the obligations of a Party for the maintenance or restoration of international peace and security, or necessary to protect its essential security interests; and

(e) denying to any company in the ownership or directin of which nationals of any third country or countries have directly or indirectly a controlling interest, the advantages of the present Treaty, except with respect to recognition of juridical status and with respect to access to courts.

2. The most-favored-nation provisions of the present Treaty relating to the treatment of goods shall not apply to: (a) advantages accorded by the United States of America or its Territories and possessions to one another, to the Republic of Cuba, to the Republic of the Philippines, to the Trust Territory of the Pacific Islands or to the Panama Canal Zone; or (b) advantages which Israel may accord and which existed under arrangements in force on May 13, 1948.

3. The provisions of the present Treaty relating of the treatment of goods shall not preclude action by either Party which is required or specifically permitted by the General Agreement on Tariffs and Trade during such time as such Party is a contracting party to the General Agreement. Similarly, a contracting party to said Agreement may withhold from countries that have not acceded thereto particular advantages reciprocally negotiated thereunder. In the event that, pursuant to the foregoing sentence, either Party to the present Treaty withholds most-favored-nation treatment from any product of the other Party, such other Party may thereupon terminate Article XIV, paragraph 1, of the present Treaty on giving six months' notice.

4. The present Treaty does not accord any rights to engage in political activities.

5. Nationals of either Party admitted into the territories of the other Party for limited purposes shall not enjoy rights to engage in gainful occupations in contravention of limitations expressly imposed, according to law, as a condition of their admittance. ARTICLE XXII

1. The term "national treatment" means treatment accorded within the territories of a Party upon terms no less favorable than the treatment accorded therein, in like situations, to nationals, companies, products, vessels or other objects, as the case may be, of such Party.

2. The term "most-favored-nation treatment" means treatment accorded within the territories of a Party upon terms no less favorable than the treatment accorded therein, in like situations, to nationals, companies, products, vessels or other objects, as the case may be, of any third country. It is understood that established concessions and régimes which antedate the independence of Israel do not come within the purview of Article VII, paragraph 4, and Article VIII, paragraph 3.

3. As used in the present Treaty, the term "companies" means corporations, partnerships, companies and other associations, whether or not with limited liability and whether or not for pecuniary profit. Companies constituted under the applicable laws and regulations within the territories of either Party shall be deemed companies thereof and shall have their juridical status recognized within the territories of the other Party.

4. National treatment accorded under the provisions of the present Treaty to companies of Israel shall, in any State, Territory or posssesion of the United States of America, be the treatment accorded therein to companies created or organized in other States, Territories, and possessions of the United States of America.

ARTICLE XXIII

The territories to which the present Treaty extends shall comprise all areas of land and water under the sovereignty or authority of each of the Parties, other than the Panama Canal Zone and, except to the extent that the President of the United States of America shall otherwise determine, the Trust Territory of the Pacific Islands.

ARTICLE XXIV

1. Each Party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultation regarding, such representations as the other Party may make with respect to any matter affecting the operation of the present Treaty.

2. Any dispute between the Parties as to the interpretation or application of present Treaty, not satisfactorily adjusted by diplomacy, shall be submitted to the International Court of Justice, unless the Parties agree to settlement by some other pacific means.

ARTICLE XXV

1. The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Washington as soon as possible.

2. The present Treaty shall enter into force change of ratifications. It shall remain in on the thirtieth day following the day of exforce for ten years and shall continue in force thereafter until terminated as provided herein.

3. Either Party may, by giving one year's written notice to the other Party, terminate the present Treaty at the end of the initial ten-year period or at any time thereafter.

In witness whereof the respective Plenipotentiaries have signed the present Treaty and have affixed hereunto their seals.

Done in duplicate, in the English and Hebrew languages, both equally authentic, at Washington, this twenty-third day of August, one thousand nine hundred fifty-one, which corresponds to the twenty-first day of Av, five thousand seven hundred and eleven. For the United States of America: [SEAL] For Israel: [SEAL]

PROTOCOL

DEAN ACHESON

ABBA EBAN Ambassador

At the time of signing the Treaty of Friendship, Commerce and Navigation between the United States of America and Israel the undersigned Plenipotentiaries, duly authorized by their respective Governments, have further agreed on the following provisions, which shall be considered integral parts of the aforesaid Treaty:

1. The term "access" as used in Article V, paragraph 1, comprehends, among other things, legal aid and security for costs and judgment.

2. The first sentence of Article V, paragraph 1, shall not obligate either Party with respect to entertaining an action where a decree of dissolution of marriage is sought by an alien. For this purpose, decree of dissolution of marriage includes a decree of divorce and a decree of nullity.

3. The provisions of Article VI, paragraph 3, providing for the payment of compensation shall extend to interests held directly or indirectly by nationals and companies of either Party in property which is taken within the territories of the other Party.

4. With reference to Article VII, paragraph 4, either Party may require that rights to engage in mining on the public domain shall be dependent on reciprocity.

5. It is understood that the provisions of Article IX do not affect the disposition by either Party of its public domain.

6. Either Party, in adopting such measures of exchange control as may be necessary from time to time to deal with a stringency of foreign exchange, may depart from the provisions of paragraphs 2 and 6 of Article XII.

However, such measures shall depart no more than necessary from the provisions of said paragraphs and shall be conformable with a policy designed to promote the maximum development of nondiscriminatory foreign trade and to expedite the attainment both of a balance of payments position and of reserves of foreign exchange which will obviate the necessity of such measures. A Party may also, notwithstanding Article XIV, paragraph 2 (b) and (c), apply quantitative restrictions on imports that have effect equivalent to exchange restrictions applied pursuant to the preceding sentences of the present provision. A Party resorting to the present provision, or to paragraph 5 of Article XII, shall consult with the other Party at any time, upon request, as to the need for and application of restrictions thereunder, and shall give the other Party as much advance notice as practicable of prospective new or substantially increased resort thereto.

7. The provisions of Article XVII, paragraph 2 (b) and (c), and of Article XIX, paragraph 4, shall not apply to postal services.

8. The provisions of Article XX, (b) and (c), shall not obligate either Party with respect to nationals and products of any country which does not permit transit through its territories of nationals and products of such Party.

9. The provisions of Article XXI, paragraph 2, shall apply in the case of Puerto place in its political status. Rico regardless of any change that may take

10. Article XXIII does not apply to territories under the authority of either Party solely as a military base or by reason of temporary military occupation.

In witness whereof the respective Plenipotentiaries have signed this Protocol and have affixed hereunto their seals.

Done in duplicate, in the English and Hebrew languages, both equally authentic, at Washington, this twenty-third day of August, one thousand nine hundred fifty-one, which corresponds to the twentyfirst day of Av, five thousand seven hundred and eleven.

For the United States of America:
[SEAL]

For Israel: [SEAL]

DEAN ACHESON

ABBA EBAN

DEPARTMENT OF STATE, Washington, August 23, 1951. His Excellency ABBA EBAN,

EXCELLENCY: I have the honor to refer to the Treaty of Friendship, Commerce and Navigation between the United States of America and Israel signed at Washington on August 23, 1951, and to confirm the understanding reached during the negotiation thereof that, for the purposes of the aforesaid Treaty, the United States of America is prepared, pending enactment of nationality legislation by Israel, to consider persons holding or entitled to hold Israel passports or traveling documents as nationals of Israel.

It is understood also that the foregoing is without reference to any questions of dual nationality.

Accept, Excellency, the renewed assurances of my highest consideration.

DEAN ACHESON

EMBASSY OF ISRAEL, Washington, D. C., August 23, 1951.

His Excellency DEAN G. ACHESON,

Secretary of State, Washington, D. C. EXCELLENCY: I have the honor to refer to the Treaty of Friendship, Commerce and Navigation between Israel and the United States of America, signed at Washington on August 23, 1951, and to confirm the understanding reached during the negotiation thereof that, for the purposes of the aforesaid Treaty, the United States of America

is prepared, pending enactment of nationality legislation by Israel, to consider persons holding or entitled to hold Israel passports or traveling documents as nationals of Israel, and further, it is understood that the foregoing is without reference to any questions of dual nationality.

Accept, Excellency, the renewed assurances of my highest consideration. ABBA EBAN

RESOLUTION OF RATIFICATION AND
RESERVATION

Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of Executive R, 82d Congress, 1st session, a treaty of friendship, commerce, and navigation between the United States of America and Israel, together with a protocol and an exchange of notes relating thereto, signed at Washington on August 23, 1951, subject to the following reservation, which shall be agreed to by the other high contracting party before ratifications are exchanged:

"Article VIII, paragraph 2, shall not extend to professionals which, because they involve the performance of functions in a public capacity or in the interest of public health and safety, are State-licensed and reserved by statute or constitution exclusively to citizens of the country, and no most-favored-nation clause in the said treaty shall apply to such professions."

(Ex. F (82d Cong., 2d sess.)) TREATY OF AMITY AND ECONOMIC RELATIONS BETWEEN THE UNITED STATES OF AMERICA AND ETHIOPIA

The United States of America and Ethiopia, desirous of emphasizing the friendly relations which have long prevailed between their peoples, of manifesting their common desire that the high principles in the regulation of human affairs to which they are committed shall be made more broadly effective, and of encouraging mutually beneficial investments and closer economic intercourse generally between their peoples, have resolved to conclude a Treaty of Amity and Economic Relations, and have appointed as their Plenipotentiaries:

The President of the United States of America:

The Honorable J. Rives Childs, Ambassador Extraordinary and Plenipotentiary of the United States of America to Ethiopia,

His Imperial Majesty, the Emperor of Ethiopia:

His Excellency Ato Aklilou Abte Wold, Minister for Foreign Affairs of Ethiopia,

Who, having communicated to each other their full powers found to be in due form, have agreed upon the following articles:

ARTICLE I

1. There shall be constant peace and firm and lasting friendship between the United States of America and Ethiopia.

2. The two High Contracting Parties reiterate their intent to further the purposes of the United Nations.

ARTICLE II

Each High Contracting Party shall have the right to send to the other High Contracting Party duly accredited diplomatic representatives, who shall be received and, upon the basis of reciprocity, shall be accorded in the territories of such other High Contracting Party the rights, privileges, exemptions and immunities due them under generally recognized principles of international law.

ARTICLE III

1. The consular representatives of each High Contracting Party who are assigned to the other High Contracting Party, and are duly provided with exequaturs, shall be permitted to reside in the territories of such other High Contracting Party at the places where consular officers are permitted by the

applicable laws to reside. They shall enjoy the privileges and immunities accorded to officers of their rank by general international usage, and, subject to reciprocity, shall be treated in a manner no less favorable than similar officers of any third country. They shall be permitted to exercise all functions, subject to reciprocity, which are in accordance with general internațional usage.

2. The consular offices shall not be entered by the police or other local authorities without the consent of the consular officer, except that in the case of fire or other disaster, or if the local authorities have probable cause to believe that a crime of violence has been or is about to be committed in the consular office, consent to entry shall be presumed. In no case shall they examine or seize the papers there deposited.

ARTICLE IV

1. All furniture, equipment and supplies consigned to or withdrawn from customs custody for a consular or diplomatic office of either High Contracting Party for official use shall be exempt within the territories of the other High Contracting Party from all customs duties and internal revenue or other taxes whether imposed upon or by reason of importation.

2. The baggage, effects and other articles imported exclusively for the personal use of consular and diplomatic officers and employees and the members of their families and suites, who are nationals of the sending state and not nationals of the receiving state and are not engaged in any private occupation for gain in the territories of the receiving state, shall be exempt from all customs duties and internal revenue or other taxes imposed upon or by reason of importation. Such exemption shall be granted with respect to the aforementioned property accompanying the person entitled thereto on first arrival and subsequent arrivals, and that consigned to him during the period in which he continues in status.

3. It is understood, however, that: (a) paragraph 2 of the present Article shall apply as to employees in a consular office only when their names have been duly communicated to the appropriate authorities of the receiving state; (b) in the case of consignments, either High Contracting Party may, as a condition to the granting of exemption, require that a notification of any such consignment be given, in a prescribed manner including an indication of the contents of the consignments; and (c) nothing herein authorizes importations specifically prohibited by law.

4. Each High Contracting Party shall be exempt, on a reciprocal basis, within the territories of the other High Contracting Party from taxes or other similar charges of any kind upon real property and appurtenances owned or possessed by it for diplomatic or consular purposes; and such property shall not in any event be treated in a manner less favorable than similar properties of any third country. Such exemptions shall, however, not apply to charges or assessments levied for services or public improvements by which such properties are benefited.

ARTICLE V

1. No tax or other similar charge of any kind shall be levied or collected within the territories of the receiving state in respect of the official emoluments, salaries, wages or allowances received: (a) by a consular officer of the sending state as compensation for his consular services; or (b) by a consular employee thereof as compensation for his services at a consulate. Likewise, consular officers and employees, who are permanent employees of the sending state and are not engaged in private occupation for gain within the territories of the receiving state, shall be exempt from all taxes or other similar charges, the legal incidence of which would otherwise fall upon such officer or employee.

2. The preceding paragraph shall not apply in respect of taxes and other similar charges upon (a) the ownership or occupation of immovable property situated within the territories of the receiving state, (b) income derived from sources within such territories (except the compensation mentioned in the preceding paragraph), or (c) the passing of property at death.

3. The provisions of the present Article shall have like application to diplomatic personnel, who shall in addition be accorded all exemptions allowed them under general international usage.

4. The exemptions provided for in the present Article shall apply only to nationals of the sending state, but shall not apply to such nationals who are also nationals of the receiving state.

ARTICLE VI

1. Nationals of either High Contracting Party shall be permitted, subject to immigration laws and regulations, to enter the territories of the other High Contracting Party and to reside therein for the purpose of engaging in industry, carrying on international trade, or pursuing studies, upon terms no less favorable than those accorded to nationals of any third country.

2. Nationals of either High Contracting Party shall receive the most constant protection and security within the territories of the other High Contracting Party. When any such national is in custody, he shall in every respect receive reasonable and humane treatment; and, on his demand, the diplomatic or consular representative of his country shall be immediately notified and accorded full opportunity to safeguard his interests. He shall be promptly informed of the accusations against him, allowed ample facilities to defend himself and given a prompt and impartial disposition of his case, in accord with modern standards of justice.

3. Nationals of either High Contracting Party within the territories of the other High Contracting Party shall enjoy freedom of conscience and worship provided heir religious practices are not contrary to public order, safety or morals; shall have the right to communicate with other persons inside and outside such territories and shall be accorded most-favored-nation treatment with respect to engaging in religious, philanthropic, educational and scientific activities. They shall also be permitted to engage in the practice of professions for which they have qualified.

ARTICLE VII

1. Companies constituted under the applicable laws and regulations of either High Contracting Party shall have their juridical status recognized within the territories of the other High Contracting Party. As used in the present Treaty, "companies" means corporations, partnerships, companies and other associations, whether or not with limited liability and whether or not for pecuniary profit.

2. Nationals and companies of either High Contracting Party shall have free access to the courts of justice and administrative agencies within the territories of the other High Contracting Party, in all degrees of jurisdiction, both in defense and pursuit of their rights, to the end that prompt and impartial justice be done. Such access shall be allowed, in any event, upon terms no less favorable than those applicable to nationals and companies of such other High Contracting Party or of any third country. It is understood that companies not engaged in activities within the country shall enjoy the right of such access without any requirement of registration or domestication. The provisions of this paragraph shall not be deemed to affect the applicable laws with respect to cautio judicatum solvi provided the requirements thereof are not excessive or arbitrary.

ARTICLE VIII

1. Each High Contracting Party shall at all times accord fair and equitable treatment to nationals and companies of the other High Contracting Party, and to their property and enterprises; shall refrain from applying unreasonable or discriminatory measures that would impair their legally acquired rights and interests; and shall assure that their lawful contractual rights are afforded effective means of enforcement, in conformity with the applicable laws.

2. Property of nationals and companies of either High Contracting Party, including interests in property, shall receive the most constant protection and security within the territories of the other High Contracting Party. Such property shall not be taken except for a public purpose, nor shall it be taken without the prompt payment of just and effective compensation.

3. The dwellings, offices, warehouses, factories and other premises of nationals and companies of either High Contracting Party located within the territories of the other High Contracting Party shall not be subject to entry or molestation without just cause. Official searches and examinations of such premises and their contents, shall be made only according to law and with careful regard for the convenience of the occupants and the conduct of business.

4. Nationals and companies of each High Contracting Party shall enjoy reasonable opportunity for the investment of capital, and for the establishment of appropriate commercial, industrial and other enterprises within the territories of the other High Contracting Party. Neither High Contracting Party shall unreasonably impede nationals and companies of the other High Contracting Party from obtaining on equitable terms the capital, skills, modern techniques and equipment needed for economic development and expansion.

5. Nationals and companies of either High Contracting Party which are permitted to establish or acquire enterprises within the territories of the other High Contracting Party shall enjoy the right to continued control and management of such enterprises; to engage within such territories agents, accountants and other technical experts, executive personnel, interpreters other specialized employees of their choice; and, in conformity with the applicable laws, to do whatever may be necessary and proper to the effective conduct of their affairs. Such enterprises shall, with respect to performing their normal functions as of the time of establishment or acquisition and such other functions as are reasonably related thereto, including normal growth, be accorded treatment no less favorable than that accorded

enterprises of whatever nationality engaged

in similar activities.

ARTICLE IX

1. Nationals and companies of either High Contracting Party shall be permitted, within the territories of the other High Contracting Party: (a) to lease, for suitable periods of time, real property needed for their residence or for the conduct of activities pursuant to the present Treaty; (b) to purchase or other wise acquire personal property of all kinds; and (c) to dispose of property of all kinds that may be generally acquired by sale, testament or otherwise. The treatment accorded in these respects shall in no event be less favorable than that accorded nationals and

2. Nationals and companies of either High Contracting Party shall be accorded within the territories of the other High Contracting Party effective protection in the exclusive use of inventions, trade marks and trade names, upon compliance with the applicable laws and regulations, if any, respecting registration and other formalities.

ARTICLE X

1. Nationals and companies of either High Contracting Party shall not be subject to the payment of taxes, fees or charges within the territories of the other High Contracting Party, or to requirements with respect to

the levy and collection thereof, more burdensome than those borne by nationals, residents and companies of any third country. In the case of nationals of either High Contracting Party residing within the territories of the other High Contracting Party, and of nationals and companies of either High Con

tracting Party engaged in trade or other

gainful pursuit or in non-profit activities therein, such payments and requirements shall not be more burdensome than those borne by nationals and companies of such other High Contracting Party. The foregoing shall not be construed to prevent either High Contracting Party from imposing on alien companies such special internal administrative requirements as may be necessary to secure compliance with its revenue laws.

2. Each High Contracting Party, however, reserves the right to: (a) extend specific tax advantages only on the basis of reciprocity, or pursuant to agreements for the avoidance of double taxation or the mutual protection of revenue; and (b) apply special requirements as to the exemptions of a personal nature allowed to non-residents in connection with income and inheritance taxes.

3. Companies of either High Contracting Party shall not be subject, within the territories of the other High Contracting Party, to taxes upon any income, transactions or

capital not attributable to the operations

and investment thereof within such territories.

2. If either High Contracting Party applies exchange restrictions, it shall promptly make reasonable provision for the withdrawal, in foreign exchange in the currency of the other High Contracting Party, of: (a) the compensation referred to in Article VIII, paragraph 2, of the present Treaty, (b) earnings, whether in the form of salaries, interest, dividends, commissions, royalties, payments for technical services, or otherwise, and (c) amounts for amortization of loans, depreciation of direct investments and capital transfers, giving consideration to special needs for other transactions. If more than one rate of exchange is in force, the rate applicable to such withdrawals shall be a rate which is specifically approved by the International Monetary Fund for such transactions, or, in the absence of a rate so approved, an effective rate which, inclusive of any taxes or surcharges on exchange transfers, is just and reasonable.

3. Either High Contracting Party applying exchange restrictions shall in general admin

ister them in a manner not to influence disadvantageously the competitive position of the commerce or investment of capital of the other High Contracting Party in comparison with the commerce or the investment of capital of any third country; and shall afford such other High Contracting Party adequate opportunity for consultation at any time regarding the application of the present Article.

ARTICLE XII

1. Each High Contracting Party shall accord to products of the other High Contracting Party, from whatever place and by whatever type of carrier arriving, and to products destined for exportation to the territories of such other High Contracting Party, by whatever route and by whatever type of carrier, treatment no less favorable than that accorded like products of or destined for exportation to any third country, in all matters relating to: (a) duties, other charges, regulations and formalities, on or in connection with importation and exportation; and (b) internal taxation, sale, distribution, storage and use.

2. Neither High Contracting Party shall impose restrictions or prohibitions, except as may be required by conditions cited in paragraph 1 of Article XI, on the importation of any product of the other High Contracting Party or on the exportation of any product to the territories of the other High Contracting Party, unless the importation of the like product of, or the exportation of the like product to, all third countries is similarly restricted or prohibited.

3. If either High Contracting Party imposes quantitative restrictions on the importation or exportation of any product in which the other High Contracting Party has an important interest:

(a) It shall as a general rule give prior public notice of the total amount of the product, by quantity or value, that may be imported or exported during a specified period, and of any change in such amount or period, and

(b) If it makes allotments to any third country, it shall afford such other High Contracting Party a share proportionate to the amount of the product, by quantity or value, supplied by or to it during a previous representative period, due consideration being given to any special factors affecting the trade in such product.

4. Either High Contracting Party may impose prohibitions or restrictions on sanitary or other customary grounds of a non-commercial nature, or in the interest of preventing deceptive or unfair practices, provided such prohibitions or restrictions do not arbitrarily discriminate against the commerce of the other High Contracting Party.

5. Either High Contracting Party may adopt measures necessary to assure the utilization of accumulated inconvertible currencies or to deal with a stringency of foreign exchange. However, such measures shall deviate no more than necessary from a policy designed to promote the maximum development of non-discriminatory multi-lateral trade and to expedite the attainment of a balance-of-payments position which will obviate the necessity of such measures.

6. Each High Contracting Party reserves the right to accord special advantages: (a) to products of its national fisheries, or (b) to adjacent countries in order to facilitate frontier traffic. Each High Contracting Party, moreover, reserves the rights and obligations it may have under the General Agreement on Tariffs and Trade, and special advantages it may accord pursuant thereto.

ARTICLE XIII

1. In the administration of its customs regulations and procedures, each High Contracting Party shall: (a) promptly publish all requirements of general application affecting importation and exportation; (b) apply such requirements in a uniform, impartial and reasonable manner; (c) refrain,

as a general practice, from enforcing new or more burdensome requirements until after public notice thereof; (d) allow appeals to be taken from rulings of the customs authorities; and (e) not impose greater than nominal penalties for infractions resulting from clerical errors or from mistakes made in good faith.

2. Subject to the provisions and requirements of the preceding Articles of the present Treaty, nationals and companies of either High Contracting Party shall be accorded treatment no less favorable than that accorded nationals and companies of the other High Contracting Party, or of any third country, with respect to all matters relating to the importation and exportation.

ARTICLE XIV

1. Between the territories of the two High Contracting Parties there shall be freedom of commerce and navigation.

2. Commercial vessels lawfully under the flag of either High Contracting Party may come with their cargoes to all ports, places and waters of the other High Contracting Party open to foreign commerce and navigation, and shall therein be accorded in all respects treatment no less favorable than that accorded vessels of such other High Contracting Party or of any third country. Products carried by vessels of either High Contracting Party during the course of their transportation to or from the territories of the other High Contracting Party also shall be accorded treatment no less favorable than that accorded like products carried in vessels of such other High Contracting Party, or of any third country, with respect to duties, charges, the administration of the customs, bounties, drawbacks and other privileges of this nature. Each High Contracting Party may reserve exclusive rights and privileges to its own vessels with respect to the coasting trade, inland navigation, and national fisheries.

ARTICLE XV

1. Each High Contracting Party undertakes: (a) that enterprises owned or controlled by its Government, and that monopolies or agencies granted exclusive or special privileges within its territories, shall make their purchases and sales involving either imports or exports affecting the commerce of the other High Contracting Party solely in accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purchase or sale; and (b) that the nationals, companies, and commerce of such other High Contracting Party shall be afforded adequate opportunity, in accordance with customary business practice, to compete for participation in such purchases and sales.

2. Each High Contracting Party shall accord to the nationals, companies and commerce of the other High Contracting Party, fair and equitable treatment, as compared with that accorded to the nationals, companies and commerce of any third country, with respect to: (a) the governmental purchase of supplies, (b) the awarding of any and all concessions and other government contracts within its territories, and (c) the sale of any service sold by the Government or by any monopoly or agency granted exclusive or special privileges. Clause (c) of the foregoing arrangements under which a High Contracting Party has not retained a power of control in respect of sale.

ARTICLE XVI

1. The present Treaty shall not preclude the application of measures:

(a) regulating the importation or exportation of gold or silver;

(b) relating to fissionable materials, the radioactive by-products thereof, or the sources thereof;

(c) regulating the production of or traffic in arms, ammunition and implements of war, or traffic in other materials carried on directly or indirectly for the purpose of supplying a military establishment; and

(d) necessary to fulfill the obligations of a High Contracting Party for the maintenance or restoration of international peace and security, or necessary to protect its essential security interests.

2. The present Treaty does not accord any rights to engage in political activities.

3. The stipulations of the present Treaty shall not extend to advantages accorded by the United States of America or its Territories and possessions, irrespective of any future change in their political status, to one another, to the Republic of Cuba, to the Republic of the Philippines, to the Trust Territory of the Pacific Islands or to the Panama Canal Zone.

ARTICLE XVII

Any dispute between the High Contracting Parties as to the interpretation or application of the present Treaty, not satisfactorily adjusted by diplomacy, shall at the request of either High Contracting Party be submitted to the International Court of Justice, unless the High Contracting Parties agree to settlement by some other pacific means.

ARTICLE XVIII

The present Treaty shall replace the Treaty of Commerce signed at Addis Ababa June 27, 1914.

ARTICLE XIX

1. The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Addis Ababa as soon as possible.

2. The present Treaty shall enter into force one month after the day of exchange of ratifications. It shall remain in force for ten years and shall continue in force thereafter until terminated as provided herein.

3. Either High Contracting Party may, by giving one year's written notice to the other High Contracting Party, terminate the present Treaty at the end of the initial ten-year period or at any time thereafter.

In witness whereof the respective Plenipotentiaries have signed the present Treaty and have affixed hereunto their seals.

Done in duplicate at Addis Ababa this Seventh day of September One Thousand Nine Hundred Fifty One, in the English and Amharic languages, both equally authentic except that in any case in which divergence between the two versions results in different interpretations the English version shall be given preference.

Upon the occasion of the signature this day of the Treaty of Amity and Economic Relations between Ethiopia and the United States of America, I have the honour to assure the Government of the United States of America that in conformity with the assurances previously given and with the firm desire of His Imperial Majesty and of the Imperial Ethiopian Government to provide at all times a modern and enlightened system of courts and judicial administration, in the hearing by the High Court of any matter, all American citizens shall have the right to demand that one of the judges sitting shall have had judicial experience in other lands, and that any American citizen who is a party to any proceedings, civil or criminal, within the jurisdiction of a regional, communal or provincial court, may

I have the honor to acknowledge the receipt of Your Excellency's note of today's date, reading as follows:

"Upon the occasion of the signature this day of the Treaty of Amity and Economic Relations between Ethiopia and the United States of America, I have the honor to assure the Government of the United States of America that in conformity with the assurances previously given and with the firm desire of His Imperial Majesty and of the Ethiopian Government to provide at all times a modern and enlightened system of courts and judicial administration, in the hearing by the High Court of any matter, all American citizens shall have the right to demand that one of the judges sitting shall have had judicial experience in other lands, and that any American citizen who is a party to any proceedings, civil or criminal, within the jurisdiction of a regional, communal or provincial court, may elect to have the case transferred without additional fee or charge to the High Court for trial. Moreover, American citizens, if arrested, shall be incarcerated only in prisons which are approved by an officer who has had experience in modern prison administration."

I have the honor to thank Your Excellency for these assurances, of which my Government has taken due note.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

Upon the occasion of the signature this day of the Treaty of Amity and Economic Relations between Ethiopia and the United States of America, I wish to state the following. Inasmuch as the Imperial Ethiopian Government understand it to be the already established policy of the Government of the United States of America to accord customs exemptions to foreign diplomatic and consular staffs on the basis of the provisions set forth in Article IV, paragraph 2, the Imperial Ethiopian Government will apply the same to the diplomatic and consular staffs of the United States of America in Ethiopia. However, in so departing from the rule generally applied in Ethiopia, the Imperial Ethiopian Government cannot envisage the application of such exceptions to other countries whose present policies of customs exemptions are less liberal than those being applied by the Government of the United States of America.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.