Page images
PDF
EPUB

THE FOREIGN SERVICE OF THE

the form of funds (loans, shares or other- 2. The provisions of the present Article, UNITED STATES OF AMERICA,

wise), materials, equipment, services, proc- rather than those of Article XXIV, paraAMERICAN EMBASSY,

esses, patents, techniques or otherwise. Each graph 1 (f), of the said Treaty, shall govern Addis Ababa, September 7, 1951. High Contracting Party undertakes not to as to the matters treated in the present His Excellency ATO AKILILOU ABTE WOLD, discriminate against nationals, corporations Agreement. Minister for Foreign Affairs, and associations of the other High Contract

ARTICLE V
Imperial Ethiopian Government, ing Party as to their obtaining under nor-

In addition, and without prejudice to the
Addis Ababa.
mal terms the capital, manufacturing proc-

other provisions of the present Agreement EXCELLENCY:

esses, skills and technology which may be I have the honor to acknowledge the re- needed for economic development.

or of the said Treaty, there shall be applied

to the investments made in Italy the regulaceipt of Your Excellency's Note of today's

ARTICLE IL

tions covering the special advantages set date reading as follows: “Inasmuch as the Imperial Ethiopian Gov

With reference to Article I, paragraph 2

forth in the fields of taxation, customs and (c), of the said Treaty of Friendship, Com

transportation rates, for the industrializaernment understand it to be already estabmerce and Navigation, laws regarding quali

tion of Southern Italy, under Law No. 1598 lished policy of the Government of the fications for the practice of a profession shall

of December 14, 1948, and for the developUnited States of America to accord customs

not prevent the nationals, corporations and ment of the Apuanian industrial area and exemptions to foreign diplomatic and con

associations of either High

High Contracting the industrial areas of Verona, Gorizia, Trisular staffs on the basis of the provisions set

Party from engaging, or contracting for the este, Leghorn, Marghera, Bolzano and other forth in Article IV, paragraph 2, the Im

services of, technical and administrative ex- area covered by the Italian legislation now perial Ethiopian Government will apply the

perts for the particular purpose of making, existing or which may in the future be same to the diplomatic and consular staffs

exclusively within the enterprise, examina- adopted. of the United States of America in Ethiopia. tions, audits and technical investigations for,

ARTICLE VI However, in so departing from the rule gen

and rendering reports to, such nationals, erally applied in Ethiopia, the Imperial Ethi

The clauses of contracts entered into becorporations and associations in connection opian Government cannot envisage the ap

tween nationals, corporations and associawith the planning and operation of their tions of either High Contracting Party, and plication of such exceptions to other coun

enterprise, and enterprises in which they tries whose present policies of customs ex

nationals, corporations and associations of have a financial interest, within the terri- the other High Contracting Party, that proemptions are less liberal than those being tories of the other High Contracting Party.

vide for the settlement by arbitration of applied by the Government of the United

ARTICLE III

controversies, shall not be deemed unenStates of America.” I have the honor to thank Your Excellency 1. Regarding the transferability of capital High Contracting Party merely on the

forceable within the territories of the other for this communication of which my Gov- invested by nationals, corporations and asernment has taken due note. sociations of either High Contracting Party

grounds that the place designated for the I avail myself of this opportunity to renew in the territories of the other, and the re

arbitration proceedings is outside such ter

ritories, or that the nationality of one or to Your Excellency the assurances of my turns thereon, the High Contracting Parties

more of the arbitrators is not that of such highest consideration. undertake to grant each other the most lib

other High Contracting Party. No award J. RIVES CHILDS (SEAL] eral treatment practicable. 2. Each High Contracting Party will per

duly rendered pursuant to any such contrac

tual clause, which is final and enforceable RESOLUTION OF RATIFICATION

mit the nationals, corporations and associa-
tions of the other High Contracting Party

under the laws of the place where rendered, Resolved (two-thirds of the Senators presto transfer freely, by obtaining exchange in

shall be deemed invalid or denied ef.ent concurring therein), That the Senate ad

fective means of enforcement within the terthe currency of their own country: vise and consent to the ratification of Execu

ritories of either High Contracting Party

(a) Earnings, whether in the form of saltive F, 82d Congress, 2d session, a treaty of

merely on the grounds that the place where aries, interest, dividends, commissions, royamity and economic relations between the

such award was rendered is outside such teralties, payments for technical services, or United States of America and Ethiopia, to

ritories, or that the nationality of one or otherwise, and funds for amortization of gether with two exchanges of notes relating

more of the arbitrators is not that of such loans and depreciation of direct investments, thereto, signed at Addis Ababa on Septem

High Contracting Party. It is understood and ber 7, 1951.

that nothing herein shall be construed to en(b) Funds for capital transfers.

title an award to be executed within the (Ex. H (82d Cong., 2d sess.))

If more than one rate of exchange is in force, territories of either High Contracting Party

the rate applicable to transfers referred to until after it has been duly declared enforceAGREEMENT SUPPLEMENTING THE TREATY OF in the present paragraph shall be a rate

able therein. FRIENDSHIP, COMMERCE AND NAVIGATION which is specifically approved by the Inter

ARTICLE VII BETWEEN THE UNITED STATES OF AMERICA

national Monetary Fund for such transacAND THE ITALIAN REPUBLIC

1. The two High Contracting Parties, in tions or, in the absence of such specifically order to prevent gaps in the social insurance The United States of America and the

ar roved rate, an effective rate which, inclu- protection of their respective nationals who Italian Republic, desirous of giving added sive of any tax or surcharges on exchange at different times accumulate substantial encouragement to investments of the one trans-ers, is just and reasonable,

periods of coverage under the principal oldcountry in useful undertakings in the other

ARTICLE IV

age and survivors insurance system of one country, and being cognizant of the contribution which may be made toward this end

High Contracting Party and also under the 1. Notwithstanding the provisions of Ar

corresponding system of the other High by amplification of the principles of equita- ticle III of the present Agreement, each High ble treatment set forth in the Treaty of Contracting Party shall retain the right, in

Contracting Party, declare their adherence to

a policy of permitting all such periods to be Friendship, Commerce and Navigation signed periods of foreign exchange stringency, to

taken into account under either such sysat Rome on February 2, 1948, have resolved apply: (a) exchange restrictions to the ex

tem in determining the rights of such nato conclude a supplementary Agreement, and tent necessary to assure the availability of

tionals and of their families. The High foreign exchange for payments for goods and for that purpose have appointed as their Plenipotentiaries, services essential to the health and welfare of

Contracting Parties will make the necessary The President of the United States of its people; (b) exchange restrictions to the

arrangements to carry out this policy in ac

cordance with the following principles: America:

extent necessary to prevent its monetary reDean Acheson, Secretary of State of the serves from falling to a very low level or to

(a) Such periods of coverage shall be comUnited States of America, and effect a moderate increase in very low mone

bined only to the extent that they do not The President of the Italian Republic: tary reserves; and (c) particular exchange

overlap or duplicate each other, and only Guiseppe Pella, Minister of the Budget of restrictions specifically authorized or re

insofar as both systems provide comparable the Italian Republic, quested by the International Monetary Fund.

types of benefits. Who, having communicated to each other In the event that either High Contracting

(b). In case where an individual's periods

of coverage are combined, the amount of their full powers found to be in due form, Party applies exchange restrictions, it shali have agreed as follows:

J.ithin a period of three months make rea- benefits, if any, payable to him by either

schable and specific provisions for the trans- High Contracting Party shall be determined ARTICLE I fers referred to in Article III, paragraph 2

in such a manner as to represent, so far The nationals, corporations and associa- (a), together with such provisions for the

as practicable and equitable, that proportion tions of either High Contracting Party shall transfers referred to in Article III, paragraph

of individual's combined coverage which was not be subjected to arbitrary or discrimina- 2 (b), as may be feasible, giving considera- accumulated under the system of that High -tory measures within the territories of the tion to special needs for other transactions,

Contracting Party. other High Contracting Party resulting par- and shall afford the other High Contracting (c) An individual may elect to have his ticularly in: (a) preventing their effective Party adequate opportunity for consultation right to benefits and the amount thereof, control and management of enterprises at any time regarding such provisions and determined without regard to the provisions which they have been permitted to estab- other matters affecting such transfers.

of the present paragraph. lish or acquire therein; or, (b) impairing Such provisions shall be reviewed in consul- Such arrangements may provide for the extheir other legally acquired rights and in- tation with such other High Contracting tension of the present paragraph to one or terests in such enterprises or in the invest- Party at intervals of not more than twelve more special old-age and survivors insurments which they have made, whether in months.

ance syztems of either High Contracting Party, or to permanent or extended disabil. Who, having communicated to each other within the territories of the other Party ity insurance systems of either High Con- their full powers found to be in due form, shall enjoy such access therein without any tracting Party.

have agreed upon the following Articles: requirement of registration or domestication. 2. At such time as the Maintenance of

2. Contracts entered into between nation

ARTICLE I Migrants’ Pension Rights Convention of 1935

als and companies of either Party and naenters into force with respect to both High

Each Party shall at all times accord equi

tionals and companies of the other Party, Contracting Parties, the provisions of that table treatment to the persons, property,

that provide for the settlement by arbitraConvention shall supersede, to the extent enterprises and other interests of nationals

tion of controversies, shall not be deemed that they are inconsistent therewith, paraand companies of the other party.

unenforceable within the territories of such graph 1 of the present Article and arrange

ARTICLE II

other Party merely on the grounds that the ments made thereunder.

1. Nationals of either Party shall be per- place designated for the arbitration proceedARTICLE VIII mitted to enter the territories of the other

ings is outside such territories or that the

nationality of one or more of the arbitrators Each High Contracting Party shall accord Party and to remain therein: (a) for the pursympathetic consideration to, and shall afpose of carrying on trade etween the terri

is not that of such other Party. No award tories of the two Parties and for the purpose

duly rendered pursuant to any such contract, ford adequate opportunity for consultation of engaging in related commercial activi

and final and enforceable under the laws of regarding, such questions as the other High

the place where rendered, shall be deemed Contracting Party may raise with respect to ties; and (b) for other purposes subject to

invalid or denied effective means of enforceany matter affecting the operation of the

the laws relating to the entry and sojourn of
aliens.

ment within the territories of either Party present Agreement or of the said Treaty.

2. Nationals of either Party, within the

merely on the grounds that the place where ARTICLE IX territories of the other Party, shall be per

such award was rendered is outside such terThe present Agreement shall be ratified mitted: (a) to travel therein freely, and to

ritories or that the nationality of one or and the ratifications thereof shall be ex- reside at places of their choice; (b) to en

more of the arbitrators is not that of such changed at Washington as soon as possible. joy liberty of conscience; (c) to hold both

Party. It shall enter into force on the day of ex- private and public religious services; (d) to

ARTICLE VI change of ratifications, and shall thereupon gather and to transmit material for dissem- 1. Property of nationals and companies of constitute an integral part of the said Treaty ination to the public abroad; and (e) to com- either Party shall receive the most constant of Friendship, Commerce and Navigation. municate with other persons inside and out

protection and security within the terri. In witness whereof the respective Pleni- side such territories by mail, telegraph and tories of the other Party. potentiaries have signed the present Agree- other means open to general public use. 2. The dwellings, offices, warehouses, facment and have affixed hereunto their seals. 3. The provisions of the present Article tories and other premises of nationals and Done in duplicate, in the English and shall be subject to the right of either Party

companies of either Party located within the Italian languages, both equally authentic, at to apply measures that are necessary to

territories of the other Party shall not be Washington, this twenty-sixth day of Sep- maintain public order and necessary to pro

subject to unlawful entry or molestation, tember, one thousand nine hundred and fifty- tect the public health, morals and safety.

Official searches and examinations of such one.

premises and their contents, when necessary,

ARTICLE III For the United States of America:

shall be made with careful regard for the DEAN ACHESON (SEAL)

1. Nationals of either Party within the convenience of the occupants and the con

territories of the other Party shall be free For the Italian Republic:

duct of business. GUISEPPE PELLA (SEAL)

from unlawful molestations of every kind, 3. Property of nationals and companies of and shall receive the most constant protec- either Party shall not be taken within the

tion and security, in no case less than that territories of the other party except for pubRESOLUTION OF RATIFICATION AND required by international law.

lic purposes nor shall it be taken without the UNDERSTANDING

2. If, within the territories of either Party, prompt payment of just compensation, Resolved (two-thirds of the Senators pres

a national of the other party is accused of Such compensation shall be in an effectively ent concurring therein), That the Senate ad

crime and taken into custody, the nearest realizable form and shall represent the full vise and consent to the ratification of Ex

consular representative of his country shall equivalent of the property taken; and adeecutive H, 82d Congress, 2d session, an agree

on the demand of such national be imme- quate provision shall have been made at or ment between the United States and Italy, diately notified. Such national shall: (a) prior to the time of taking for the determisigned at Washington on September 26, 1951,

receive reasonable and humane treatment; nation and payment thereof. supplementary to the Treaty of Friendship,

(b) be formally and immediately informed 4. Neither Party shall take unreasonable Commerce, and Navigation between the two

of the accusations against him; (c) be or discriminatory measures that would imcountries, subject to the understanding that brought to trial as promptly as is consistent pair the legally acquired rights or interests

with the proper preparation of his defense; within its territories of nationals and comthe arrangements referred to in Article VII,

and (d) enjoy all means reasonably necesparagraph 1, of the said agreement shall be

panies of the other party in the enterprises made by the United States only in con

sary to his defense, including the services of which they have established or in the capiformity with provisions of statute. competent counsel.

tal, skills, arts or technology which they

have supplied. ARTICLE IV

5. Nationals and companies of either Party (Ex. I (82d Cong., 2d sess.)) 1. Nationals of either Party shall be ac

shall in no case be accorded, within the terTREATY OF FRIENDSHIP, COMMERCE AND NAVIcorded national treatment in the applica

ritories of the other Party, less than national tion of laws and regulations within the terGATION BETWEEN THE UNITED STATES OF

treatment and most-favored-nation treatAMERICA AND THE KINGDOM OF DENMARK ritories of the other Party that establish a

ment with respect to the matters set forth in pecuniary compensation on account of disThe United States of America and the

paragraphs 2 and 3 of the present Article. ease, injury or death arising out of and in Moreover, enterprises in which nationals and Kingdom of Denmark, desirous of strengththe course of employment or due to the

companies of either Party have a substantial ening the bonds of peace and friendship nature of employment.

interest shall be accorded, within the tertraditionally existing between them and of 2. In addition to the rights and privileges ritories of the other Party, not less than naencouraging closer economic and cultural provided in paragraph 1 of the present Ar- tional treatment and most-favored-nation relations between their peoples, and being ticle, nationals of either Party shall, within treatment in all matters relating to the cognizant of the contributions which may be the territories of the other party, be ac- taking of privately owned enterprises into made toward these ends by arrangements

corded national treatment in the applica- public ownership and to the placing of such encouraging mutually beneficial investments,

tion of laws and regulations establishing a enterprises under public control. promoting mutually advantageous commersystem of compulsory insurance in the case

ARTICLE VII cial intercourse and otherwise establishing

of the United States of America and a sysmutual rights and privileges, have resolved tem of voluntary insurance in the case of

1. Nationals and companies of either Party the Kingdom of Denmark, under which

shall be accorded, within the territories of to conclude a Treaty of Friendship, Commerce benefits are paid without an individual test

the other Party, national treatment with and Navigation, based in general upon the of financial need against loss of wages or

respect to engaging in commercial, manu. principles of national and of most-favoredearnings due to unemployment.

facturing, processing, financial, construction, nation treatment unconditionally accorded,

publishing, scientific, educational, religious,

ARTICLE V and for that purpose have appointed as their

and philanthropic activities. Plenipotentiaries,

1. Nationals and companies of either Party 2. Nationals and companies of either Party The President of the United States of

shall be accorded national treatment and shall further be accorded, within the terriAmerica:

most-favored-nation treatment with respect tories of the other Party, most-fayored-na

to access to the courts of justice and to adHis Ambassador Extraordinary and Pleni

tion treatment with respect to: ministrative tribunals and agencies within (a) the activities listed in paragraph 1 of potentiary, Mrs. Eugenie Anderson,

the territories of the other Party, in all de- the present Article; and

grees of jurisdiction, both in pursuit and in (b) exploring for and exploiting mineral His Majesty the King of Denmark:

defense of their rights. It is understood deposits; His Minister for Foreign Affairs, Mr. Ole that companies of either Party not engaged (c) engaging in fields of economic and cul. Bjorn Kraft,

in either business or nonprofit activities tural activity in addition to those listed in paragraph 1 of the present Article or in sub- other Party, to dispose of property they panies of the other Party; (b) accord to naparagraph (b) of the present paragraph; may have acquired:

tionals, residents and companies of a third (d) organizing, participating in and op- (a) in the case of movable property, if the country special advantages by virtue of an erating companies of such other Party. alien ownership thereof is limited or prohib- agreement with such country for the avoid

3. With respect to professional activities, ited pursuant to paragraph 2 of the present ance of double taxation or the mutual pronationals of either Party shall be accorded Article;

tection of revenue; and (c) accord to its -national treatment within the territories of (b) in the case of immovable property, if

own nationals and to residents of contigthe other Party, except as to professions the property is held for purposes other than

uous countries more favorable exemptions which, because they involve the performance those referred to in paragraph 3 of the present

of a personal nature with respect to income of functions in a public capacity or in the Article.

taxes and inheritance taxes than are acinterest of public health and safety, are state

corded to other nonresident persons. licensed and reserved by statute exclusively posed upon such disposition that would preConditions or requirements shall not be im

ARTICLE XII to citizens of the country. 4. Nationals and companies of either Party Particularly, a term of at least five years shall

vent the realization of full and just value. 1. Nationals and companies of either Party shall be permitted to engage, within the ter

shall be accorded by the other Party national be allowed in which to effect such disposition. ritories of the other Party, accountants and

treatment and most-favored-nation treatother technical experts, executive personnel, shall be accorded national treatment within

5. Nationals and companies of either Party ment with respect to payments, remittances attorneys, agents and other specialized em

and transfers of funds or financial instruthe territories of the other Party with respect ployees of their choice, regardless of nation

ments, between the territories of the two to disposing of property of all kinds, subject ality. Moreover, such nationals and com

Parties as well as between the territories of to the provisions of paragraph 4 of the prespanies shall be permitted to engage account

such other party and of any third country. ent Article. ants and other technical experts regardless

2. Neither Party shall impose exchange re

ARTICLE X of the extent to which they may have quali

strictions as defined in paragraph 5 of the fied for the practice of a profession within Nationals and companies of either Party present Article except to the extent necesthe territories of such other Party, for the

shall be accorded, within the territories of sary to assure the availability of foreign particular purpose of making examinations, the other Party, national treatment and most

exchange for payments for goods and servaudits and technical investigations for, and

favored-nation treatment with respect to ob- ices essential to the health and welfare of rendering reports to, such nationals and com- taining and maintaining patents of inven- its people and to prevent its monetary repanies in connection with the planning and tion, and with respect to rights in trade serves from falling to a very low level or operation of their enterprises, and enter marks, trade names, trade labels and indus- to effect a reasonable increase in very low prises in which they have a financial inter- trial property of all kinds.

monetary reserves. It is understood that the est, within such territories.

ARTICLE XI

provisions of the present Article do not alter ARTICLE VIII 1. Nationals of either Party residing with

the obligations either party may have to in the territories of the other Party, and na

the International Monetary Fund or pre1. Nationals and companies of either Party shall be accorded within the territories of tionals and companies of either Party en

ciude imposition of particular restrictions the other Party the right to constitute comgaged in trade or other gainful pursuit or in

whenever the Fund specifically authorizes or panies for engaging in commercial, manuscientific, educational, religious or philan

requests a Party to impose such particular

restrictions. facturing, processing, financial, construction, thropic activities within the territories of mining, publishing, scientific, educational, the other party, shall not be subject to the

3. If either Party imposes exchange re

strictions in accordance with paragraph 2 religious and philanthropic activities, and to payment of taxes, fees or charges imposed upon or applied to income, capital, transac

above, that Party shall make provisions at control and manage enterprises which they have been permitted to establish or acquire tions, activities or any other object, or to re

the earliest possible date and to such an exwithin such territories for the foregoing and quirements with respect to the levy and

tent as may be practicable for the withdrawal other purposes. collection thereof, within the territories of

of: (a) the compensation referred to in such other Party, more burdensome than 2. Companies, controlled by nationals and

Article VI, paragraph 3, of the present Treaty, companies of either Party and constituted those borne by nationals and companies of

(b) earnings, whether in the form of salaries, such other Party. under the applicable laws and regulations

interest, dividends, commissions, royalties, within the territories of the other Party for 2. With respect to nationals of either Party

payments for technical services, or otherwise, engaging in the activities listed in paragraph who are neither resident nor engaged in

and (c) amounts for amortization of loans,

amounts originating from depreciation of 1 of the present Article, shall be accorded trade or other gainful pursuit within the

direct investments, and capital transfers; national treatment therein with respect to territories of the other party, and with re

however, transfers dealt with under (C) such activities. spect to companies of either Party which

shall be considered in the light of special ARTICLE IX are not engaged in trade or other gainful

needs for other transfers. If more than 1. Nationals and companies of either Party pursuit within the territories of the other

one rate of exchange is in force, the rate apshall be accorded national treatment within Party, it shall be the aim of such other

plicable to such withdrawals shall be a rate the territories of the other party with reParty to apply in general the principle set

which is specifically approved by the Internaspect to acquiring all kinds of movable prop- forth in paragraph 1 of the present Article.

tional Monetary Fund for such transactions erty by testate or intestate succession or 3. Nationals and companies of either Party or, in the absence of a rate so approved, an through judicial process and all kinds of im- shall in no case be subject, within the terri- effective rate which, inclusive of any taxes or movable property by testate or intestate suc- tories of the other Party, to the payment of

surcharges on exchange transfers, is just and cession.

taxes, fees or charges imposed upon or ap- reasonable. 2. Nationals and companies of either Party plied to income, capital, transactions, activshall be accorded national treatment within ities or any other object, or to requirements posed by either Party in a manner unneces

4. Exchange restrictions shall not be imthe territories of the other Party with re- with respect to the levy and collection there. of, more burdensome than those borne by 'tory to the claims, investments, transport,

sarily detrimental or arbitrarily discriminaspect to acquiring, by purchase, lease or otherwise, and with respect to owning movable nationals, residents and companies of any property of all kinds, both tangible and in- third country.

trade, and other interests of the nationals

and companies of the other Party, nor to the tangible, subject to the right of such other 4. In the case of companies of either Party competitive position thereof. Each Party Party to limit or prohibit, in a manner that engaged in trade or other gainful pursuit shall afford the other Party adequate oppordoes not impair rights and privileges se- within the territories of the other Party, and tunity for exchanging views at any time recured by Article VIII, paragraph 1, or by other in the case of nationals of either Party en- garding problems that might arise from the provisions of the present Treaty, alien own- gaged in trade or other gainful pursuit with

application of the present Article. ership of particular materials that are dan- in the territories of the other Party but not

5. The term "exchange restrictions" as used gerous from the standpoint of public safety resident therein, such other Party shall not

in the present Article includes all restricand alien ownership of interests in enter- impose or apply any tax, fee or charge upon

tions, regulations, charges, taxes or other prises carrying on particular types of activi- any income, capital or other basis in excess ties. of that reasonably allocable or apportion- burden or interfere with payments, remit

requirements imposed by either Party which 3. Nationals and companies of either Party able to its territories, nor grant deductions shall be accorded, with respect to acquiring

tances, or transfers of funds or of financial and exemptions less than those reasonably

instruments between the territories of the immovable property within the territories allocable or apportionable to its territories.

two Parties. of the other Party, the treatment generally A comparable rule shall apply also in the

ARTICLE XIII accorded to foreigners under the laws of the case of companies organized and operated place where the property is situated; and exclusively for scientific, educational, re

Commercial travelers.representing nationthey shall be permitted to maintain tenure ligious or philanthropic purposes.

als and companies of either Party engaged of immovable property necessary and proper 5. Notwithstanding the provisions of the

in business within the territories thereof to the exercise of rights and privileges se- present Article, each Party may: (a) accord shall, upon their entry into and departure cured by Article VII or by other provisions of specific advantages as to taxes, fees and

from the territories of the other party and the present Treaty, in conformity with the charges to nationals, residents and com- during their sojourn therein, be accorded applicable laws and regulations.

panies of third countries on the basis of re- most-favored-nation treatment in respect of 4. Nationals and companies of either Party ciprocity, if such advantages are similarly the customs and other matters, including, may be required, within the territories of the extended to nationals, residents and com- subject to the exceptions in Article XI, paragraph 5, taxes and charges applicable to sulting from clerical errors or when good shipping or other business activities within them, their samples and the taking of orders. faith can be demonstrated.

the territories of the other Party, claim or ARTICLE XIV

enjoy, either for itself or for its property, ARTICLE XVI

immunity therein from taxation, suit, execu1. Each Party shall accord most-favored. 1. Products of either Party shall be ac

tion of judgment or other liability to which nation treatment to products of the other corded, within the territories of the other Party, from whatever place and by whatever Party, national treatment and most-favored- privately owned and controlled enterprises

are subject therein, type of carrier arriving, and to articles des- nation treatment in all matters affecting intined for exportation to the territories of ternal taxation, sale, distribution, storage

ARTICLE XIX such other party, by whatever route and by and use.

1. Between the territories of the two whatever type of carrier, in all matters re- 2. Articles produced by nationals and com- Parties there shall be freedom of commerce lating to customs duties and other charges, panies of either Party within the territories and navigation. and with respect to all other regulations, of the other Party, or by companies of the 2. Vessels under the flag of either Party, requirements and formalities imposed on or latter Party controlled by such nationals and and carrying the papers required by its law in connection with imports and exports. companies, shall be accorded therein treat- in proof of nationality, shall be deemed to be

2. Neither Party shall impose any prohibi- ment no less favorable than that accorded vessels of that Party both on the high seas tion or restriction on the importation of any to like articles of national origin by what- and within the ports, places and waters of product of the other Party, or on the ex- ever person or company produced, in all mat- the other party. portation of any article to the territories of ters affecting exportation, taxation, sale, dis- 3. Vessels of either Party shall have liberty, the other Party, that: tribution, storage and use.

on equal terms with vessels of the other (a) if imposed on sanitary or other cus

ARTICLE XVII

Party and on equal terms with vessels of any tomary grounds of a non-commercial nature

1. Each Party undertakes (a) that enter

third country, to come with their cargoes to or in the interest of preventing deceptive or

all ports, places and waters of such other unfair practices, arbitrarily discriminates in

prises owned or controlled by its Governfavor of the importation of the like product ment, and that monopolies or agencies Party open to foreign commerce and naviga

tion. of, or the exportation of the like article to,

Such vessels and cargoes shall in all granted exclusive or special privileges within its territories, shall make their purchases

respects be accorded national treatment and any third country;

most-favored-nation treatment within the (b) if imposed on other grounds, does not ports affecting the commerce of the other and sales involving either imports or ex

ports, places and waters of such other Party; apply equally to the importation of the like Party solely in accordance with commercial

but each Party may reserve exclusive rights product of, or the exportation of the like ar

and privileges to its own vessels with respect ticle to, any third country; or considerations including price, quality, avail

to the coasting trade, inland navigation and (c) if a quantitative regulation involving ability, marketability, transportation and

national fisheries. allotment to any third country with respect that the nationals companies and commerce other conditions of purchase or sale; and (b)

4. Vessels of either Party shall be accorded to an article in which such other Party has

national treatment and most-favored-nation of such other Party shall be afforded adean important interest, fails to afford to the

treatment by the other party with respect to quate opportunity, in accordance with cuscommerce of such other Party a share pro- tomary business practice, to compete for

the right to carry all articles that may be portionate to the amount by quantity or participation in such purchases and sales.

carried by vessel to or from the territories value supplied by or to such other Party dur

of such other Party; and such articles shall

2. Each Party shall accord to the nationals, ing a previous representative period, due consideration being given to any special fac- fair and equitable treatment, as compared companies and commerce of the other Party that accorded like articles carried in vessels

be accorded treatment no less favorable than tors affecting the trade in the article.

of such other Party, with respect to: (a) duwith that accorded to the nationals, com3. Nationals and companies of either Parpanies and commerce of any third country,

ties and charges of all kinds, (b) the adminty shall be accorded national treatment and

istration of the customs, and (c) bounties, with respect to: (a) the governmental purmost-favored-nation treatment by the other

drawbacks and other privileges of this nature. chase of supplies, (b) the awarding of conParty with respect to all matters relating to

5. Vessels of either Party that are in discessions and other government contracts, importation and exportation.

tress shall be permitted to take refuge in the and (c) the sale of any service sold by the 4. As used in the present Treaty the term Government or by any monopoly or agency shall receive friendly treatment and assist

nearest port or haven of the other Party, and "products of” means “articles the growth, granted exclusive or special privileges.

ance. produce or manufacture of”. The provisions

ARTICLE XVIII of the present Article shall not apply to ad

6. The term "vessels”, as used herein, vantages accorded by either Party:

1. The two Parties agree that business means all types of vessels, whether privately (a) to products of its national fisheries;

practices which restrain competition, limit owned or operated, or publicly owned or (b) to adjacent countries in order to fa

access to markets or foster monopolistic con- operated; but this term does not, except with ciliate frontier traffic; or

trol, and which are engaged in or made reference to paragraph 2 and paragraph 5 of (c) by virtue of a customs union or free

effective by one or more private or public the present Article, include fishing vessels or trade area of which either Party may become

commercial enterprises or by combination, vessels of war. a member, after having informed the other agreement or other arrangement among such

ARTICLE XX Party of its plans and having afforded it op

enterprises may have harmful effects upon There shall be freedom of transit through portunity to express its views thereon. commerce between their respective terri

the territories of each Party by the routes tories. Accordingly, each Party agrees upon most convenient for international transit: ARTICLE XV the request of the other Party to consult

(a) for nationals of the other Party, to1. Each Party shall promptly publish laws, with respect to any such practices and to take

gether with their baggage; regulations and administrative rulings of such measures as it deems appropriate with

(b) for other persons, together with their general application pertaining to rates of a view to eliminating such harmful effects. baggage, en route to or from the territories duty, taxes or other charges, to the classifica- 2. The Parties recognize that conditions of such other Party; and tion of articles for customs purposes, and to of competitive equality should be maintained

(c) for articles en route to or from the requirements or restrictions on imports and in situations in which publicly owned or territories of such other Party. exports or the transfer of payments therefor, controlled trading or manufacturing enteror affecting their sale, distribution or use; prises of either Party engage in competition,

Such persons and articles in transit shall be

exempt from customs duties, from duties and shall administer such laws, regulations within the territories thereof, with privately imposed by reason of transit, and from unand rulings in a uniform, impartial and rea- owned and controlled enterprises of nasonable manner. As a general practice, new tionals and companies of the other Party. shall be free from unnecessary delays and

reasonable charges and requirements; and administrative requirements affecting im- Accordingly, such private enterprise shall, in

restrictions. They shall, however, be subject ports, with the exception of requirements such situations, be entitled to the benefit of

to measures referred to in Article II, paraimposed on sanitary grounds or for reasons any special advantages of an economic na

graph 3, and to nondiscriminatory regulaof public safety, shall not go into effect be- ture accorded such public enterprises, fore the expiration of 30 days after publica- whether in the nature of subsidies, tax ex

tions necessary to prevent abuse of the

transit privilege. tion, or alternatively, shall not apply to ar- emptions or otherwise. The foregoing rule ticles en route at time of publication. shall not apply, however, to special advan

ARTICLE XXI 2. Each Party shall provide an appeals tages given in connection with: (a) manu- 1. The present Treaty shall not preclude procedure under which nationals and com- facturing goods for government use, or sup- the application of measures: panies of the other party, and importers of plying goods and services to the government (a) regulating the importation or exportaproducts of such other Party, shall be able for government use; or (b) supplying, at tion of gold or silver; to obtain prompt and impartial review and prices substantially below competitive prices, (b) relating to fissionable materials, to correction of administrative action relating the needs of particular population groups for radioactive by-products of the utilization or to customs matters, including the imposition essential goods and services not otherwise processing thereof or to materials that are of fines and penalties, confiscations, and rul. practically obtainable by such groups. the source of fissionable materials; ings on questions of customs classification 3. No enterprise of either Party, including (c) regulating the production of or traffic and valuation by the administrative authori- corporations, associations, and government in arms, ammunition and implements of war, ties. Penalties imposed for infractions of agencies and instrumentalities, which is pub- or traffic in other materials carried on directly the customs and shipping laws and regula- licly owned or controlled shall, if it engages or indirectly for the purpose of supplying a tions shall be merely nominal in cases re- in commercial, manufacturing, processing, military establishment;

XCIX- -586

. (d) necessary to fulfill the obligations of water under the soverignty or authority of Denmark is the activity, and that alone, a Party for the maintenance or restoration each of the Parties, other than Greenland, which can be conducted pursuant to and of international peace and security, or neces- the Panama Canal Zone and the Trust Terri- under observance of the provisions in the sary to protect its essential security inter- tory of the Pacific Islands.

Danish banking legislation. Applications ests; and

ARTICLE XXIV

concerning permission to establish branches (e) denying to any company in the own

1. Each Party shall accord sympathetic

of American banks in Denmark for the conership or direction of which nationals of any consideration to, and shall afford adequate

duct of banking activity as defined above will third country or countries have directly or

be given favorable consideration. opportunity for consultation regarding, such indirectly a controlling interest, the advan

In the United States of America permisrepresentations as the other Party may make tages of the present Treaty, except with re

sion to initiate a banking business as defined with respect to any matter affecting the opspect to recognition of juridical status and eration of the present Treaty.

by the applicable state and Federal laws shall with respect to access to courts.

be dependent on the provisions of such laws. 2. The most-favored-nation provisions of 2. Any dispute between the Parties as to

7. Article XII, paragraph 2, shall not be the interpretation or application of the the present Treaty relating to the treatment

construed to prevent a Party from exercising present Treaty, not satisfactorily adjusted by of goods shall not apply to advantages ac

necessary regulation over the inflow of capidiplomacy, shall be submitted to the Intercorded by the United States of America or

tal pursuant to article VI, section 3 of the national Court of Justice, unless the Parties its territories and possessions to one another,

Articles of Agreement of the International agree to settlement by some other pacific Monetary Fund, provided that such regulato the Republic of Cuba, to the Republic of

means. the Philippines, to the Trust Territory of the

tion shall not as a general rule be exercised

ARTICLE XXV Pacific Islands or to the Panama Canal Zone.

in a manner which impairs paragraphs 1 and 3. The provisions of the present Treaty The present Treaty shall replace the con- 2 of article VII, paragraph 1 of Article VIII, shall not preclude action by either Party vention of friendship, commerce and naviga- or the provisions of other Articles of the which is required or specifically permitted

tion signed April 26, 1826, except Articles 8, Treaty. by the General Agreement on Tariffs and 9, and 10 thereof, which shall remain in force 8. The provisions of Article XVII, paraTrade during such time as such Party is a until replaced by a consular convention be

graph 2 (b) and (c), and of Article XIX, contracting Party to the General Agreement

tween the two Parties or until one year after paragraph 4, shall not apply to postal on Tariffs and Trade. In case a Party is not either Party shall have given to the other services. a contracting Party to the General Agreement Party written notice of termination of the

9. The provisions of Article XXI, paragraph on Tariffs and Trade it shall nevertheless aforesaid Articles.

2, shall apply in the case of Puerto Rico rehave the right to depart from the provisions

ARTICLE XXVI

gardless of any change that may take place of the present treaty to the extent necessi

1. The present Treaty shall be ratified, and

in its political status. tated by its international balance of paythe ratifications thereof shall be exchanged

10. Article XXIII does not apply to terriments position, in a manner contemplated at Washington as soon as possible.

tories under the authority of either Party by said agreement as nearly as may be prac

2. The present Treaty shall enter into force solely as a military base or by reason of ticable, and subject to the principle set forth one month after the day of exchange of rati

temporary military occupation. therein that such departures shall be con

fications. It shall remain in force for ten 11. Notwithstanding Article XXIII, the formable with a policy designed to promote

years and shall continue in force thereafter provisions of Article XIV, paragraphs 1 and 2, the maximum development of nondiscrimiuntil terminated as provided herein.

and of Article XVII, shall, subject to the resnatory foreign trade and to expedite the

3. Either Party may, by giving one year's ervations and exceptions pertinent thereto, attainment both of a balance of payments written notice to the other Party, terminate

extend to Greenland. position and of reserves of foreign exchange

the present Treaty at the end of the initial In witness whereof the respective Pleniwhich will obviate the necessity of such

ten-year period or at any time thereafter. potentiaries have signed this Protocol and departures. The most favored-nation pro

In witness whereof the respective Pleni- have affixed hereunto their seals. vision of the present Treaty shall not apply potentiaries have signed the present Treaty Done in duplicate, in the English and to special advantages accorded by virtue of and have affixed hereunto their seals.

Danish languages, both equally authentic, the aforesaid agreement.

Done in duplicate, in the English and at Copenhagen, this first day of October, 4. The present Treaty does not accord any Danish languages, both equally authentic, at one thousand nine hundred and fifty-one. rights to engage in political activities. Copenhagen, this first day of October, one [SEAL ]

EUGENIE ANDERSON 5. Nationals of either Party admitted into thousand nine hundred and fifty-one.

(SEAL)

OLE BJØRN KRAFT the territories of the other Party for limited (SEAL]

EUGENIE ANDERSON purposes shall not enjoy rights to engage (SEAL

OLE BJØRN KRAFT in gainful occupations in contravention of

MZUTES OF INTERPRETATION CONCERNING limitations expressly imposed, according to

TREATY OF FRIENDSHIP, COMMERCE AND law, as a condition of their admittance.

PROTOCOL

NAVIGATION BETWEEN THE UNITED STATES At the time of signing the Treaty of OF AMERICA AND THE KINGDOM OF DENMARK ARTICLE XXII

Friendship, Commerce and Navigation be- SIGNED AT COPENHAGEN, OCTOBER 1, 1951. 1. The term "national treatment” means

tween the United States of America and the The following notes record the common treatment accorded within the territories of a

Kingdom of Denmark the undersigned Pleni- understanding of the representatives of the Party upon terms no less favorable than the

potentiaries, duly authorized by their respec- United States of America and the Kingdom treatment accorded therein, in like situa

tive governments, have further agreed on the of Denmark with regard to certain questions tions, to nationals, companies, products, ves

following provisions, which shall be consid- of interpretation that arose during the course sels or other objects, as the case may be, of

ered integral parts of the aforesaid Treaty: of negotiating the provisions of the Treaty of such Party.

1. The term “access” as used in Article V, Friendship, Commerce and Navigation be2. The term "most-favored-nation treat

paragraph 1, comprehends, among other tween the two countries signed this day: ment" means treatment accorded within the

things, access to free legal aid and right to Ad Articles VII and VIII: territories of a Party upon terms no less fa

exemption from providing security for costs The word "commercial" as used in Article vorable than the treatment accorded therein, and judgment.

VII, paragraph 1, and Article VIII, paragraph in like situations, to nationals, companies, 2. The provisions of Article VI, paragraph 1, and the word “professional” as used in products, vessels or other objects, as the case 3, providing for the payment of compensar Article VII, paragraph 1, do not extend to may be, of any third country.

tion shall extend to interests held directly the fields of navigation and aviation. The 3. As used in the present Treaty, the term or indirectly by nationals and companies of word "commercial” relates primarily but not "companies" means corporations, partner

either Party in property which is taken with- exclusively to the buying and selling of goods ships, companies and other associations, in the territories of the other party.

and activities incidental thereto. whether or not with limited liability and

3. The provisions of Article VII, paragraph Ad Article VII, paragraph 1: whether or not for pecuniary profit. Com

1, shall not be construed to affect the policy It is understood that either Party may, panies constituted under the applicable laws and regulations within the territories of not be employed in Denmark unless the ap

of Denmark of requiring that aliens may consistently with the terms and intent of the either Party shall be deemed companies

Treaty, apply special requirements to alien thereof and shall have their juridical status

propriate permits have been granted. How- insurance companies with a view of assuring recognized within the territories of the other

ever, in keeping with the terms of that para- that such companies maintain standards of Party.

graph, the regulations governing employment accountability and solvency comparable to 4. National treatment accorded under the shall be applied in a liberal fashion.

those required of like domestic companies,

4. Notwithstanding the provisions of Artiprovisions of the present Treaty to companies

so long as such requirements do not have the of the Kingdom of Denmark shall, in any

cle VII, paragraph 1, a Party may require effect of discrimination in substance against

companies desiring to engage in retail trade, State, Territory or possession of the United

such alien companies. States of America, be the treatment accord

within its territories, to be organized pur- Ad Article VIII, paragraph 1: ed therein to companies created or organized suant to Article VIII, paragraph 1.

It is understood that either Party may in other State, Territories and possessions of

5. The term "mineral”, as used in Article consistently with the terms of this paragraph, the United States of America.

VII, paragraph 2 (b), refers to petroleum as maintain special requirements with respect tɔ well as to other mineral substances.

the residence or nationality of the founders, ARTICLE XXIII

6. The term "financial” in Article VII, par- members of the boards of directors, and The territories to which the present Treaty agraph 1, and Article VIII, paragraph 1, in- managing directors of companies constituted extends shall comprise all areas of land and cludes banking activity. Such activity in under its laws.

« PreviousContinue »