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resolved to conclude a Treaty of Friendship, Commerce, and Navigation, based in general upon the principles of national and of mostfavored-nation treatment unconditionally accorded, and for that purpose have appointed as their Plenipotentiaries,

The United States of America:

Robert Murphy, Ambassador Extraordinary and Plenipotentiary of the United States of America to Japan, and

Japan:

Katsuo Okazaki, Minister for Foreign Affairs of Japan, Who, having communicated to each other their full powers found to be in due form, have agreed upon the following Articles:

ARTICLE I 1. Nationals of either Party shall be permitted to enter the territories of the other Party and to remain therein: (a) for the purpose of carrying or trade between the territories of the two Parties and engaging in related commercial activities; (b) for the purpose of developing and directing the operations of an enterprise in which they have invested, or in which they are actively in the process of investing, a substantial amount of capital; and (c) for other purposes subject to the laws relating to the entry and sojourn of aliens.

2. Nationals of either Party, within the territories of the other Party, shall be permitted: (a) to travel therein freely, and to reside at places of their choice; (b) to enjoy liberty of conscience; (c) to hold both private and public religious services; (d) to gather and to transmit material for dissemination to the public abroad; and (e) to communicate with other persons inside and outside such territories by mail, telegraph and other means open to general public use.

3. The provisions of the present Article shall be subject to the right of either Party to apply measures that are necessary to maintain public order and protect the public health, morals and safety.

ARTICLE II 1. Nationals of either Party within the territories of the other Party shall be free from unlawful molestations of every kind, and shall receive the most constant protection and security, in no case less than that required by international law.

2. If within the territories of either Party, a national of the other party is taken into custody, the nearest consular representative of his country shall on the demand of such national be immediately notified. Such national shall: (a) receive reasonable and humane treatment; (b) be formally and immediately informed of the accusations against him; (c) be brought to trial as promptly as is consistent with the proper preparation of his defense; and (d) enjoy all means reasonably necessary to his defense, including the services of competent counsel of his choice.

ARTICLE III 1. Nationals of either Party shall be accorded national treatment in the application of laws and regulations within the territories of the other party that establish a pecuniary compensation, or other benefit or service, on account of disease, injury or death arising out of and in the course of employment or due to the nature of employment.

2. In addition to the rights and privileges provided in paragraph 1 of the present Article, nationals of either Party shall, within the territories of the other Party, be accorded national treatment in the application of laws and regulations establishing compulsory systems of social security, under which benefits are paid without an individual test of financial need: (a) against loss of wages or earnings due to old age, unemployment, sickness or disability, or (b) against loss of financial support due to the death of father, husband or other person on whom such support had depended.

ARTICLE IV

treatment with respect to the matters set 1. Nationals and companies of either Party

forth in paragraphs 2 and 3 of the present shall be accorded national treatment and

Article. Moreover, enterprises in which namost-fayored-nation treatment with respect tionals and companies of either Party have to access to the courts of justice and to ad

a substantial interest shall be accorded, ministrative tribunals and agencies within

within the territories of the other Party, not the territories of the other Party, in all de

less than national treatment and most-fagrees of jurisdiction, both in pursuit and

vored-nation treatment in all matters relatin defense of their rights. It is understood

ing to the taking of privately-owned enterthat companies of either Party not engaged prises into public ownership and to the placin activities within the territories of the

ing of such enterprises under public conother Party shall enjoy such access therein

trol, without registration or similar requirements.

ARTICLE VII 2. Contracts entered into between nation

1. Nationals and companies of either Party als and companies of either Party and na- shall be accorded national treatment with tionals and companies of the other Party, respect to engaging in all types of .comthat provide for the settlement by arbitra

mercial, industrial, financial and other busition of controversies, shall not be deemed

ness activities within the territories of the unenforceable within the territories of such

other Party, whether directly or by agent or other Party merely on the ground that the through the medium of any form of lawful place designated for the arbitration pro- juridical entity. Accordingly, such nationals ceedings is outside such territories or that

and companies shall be permitted within the nationality of one or more of the arbi

such territories: (a) to establish and maintrators is not that of such other Party. tain branches, agencies, offices, factories and Awards duly rendered pursuant to any such

other establishments appropirate to the concontracts, which are final and enforceable duct of their business; (b) to organize comunder the laws of the place where rendered, panies under the general company laws of shall be deemed conclusive in enforcement

such other Party, and to acquire majority proceedings brought before the courts of

interests in companies of such other Party; competent jurisdiction of either Party, and

and (c) to control and manage enterprises shall be entitled to be declared enforceable

which they have established or acquired. by such courts, except where found contrary Moreover, enterprises which they control, to public policy. When so declared, such

whether in the form of individual proprietorawards shall be entitled to privileges and

ships, companies or otherwise, shall, in all measures of enforcement appertaining to

that relates to the conduct of the activities awards rendered locally. It is understood,

thereof, be accorded treatment no less fahowever, that awards rendered outside the

vorable than that accorded like enterprises United States of America shall be entitled

controlled by nationals and companies of in any court in any State thereof only to

such other Party. the same measure of recognition as awards

2. Each Party reserves the right to limit rendered in other states thereof.

the extent to which aliens may within its ARTICLE V

territories establish, acquire interests in, or 1. Neither Party shall take unreasonable carry on public utilities enterprises or enor discriminatory measures that would im- terprises engaged in shipbuilding, air or pair the legally acquired rights or interests water transport, banking involving deposiwithin its territories of nationals and com- tory or fiduciary functions, or the exploitapanies of the other party in the enterprises

tion of land or other natural resources. which they have established, in their capital, However, new limitations imposed by either or in the skills, arts or technology which

Party upon the extent to which aliens are they have supplied; nor shall either Party

accorded national treatment, with respect unreasonably impede nationals and com- to carrying on such activities within its terpanies of the other Party from obtaining ritories, shall not be applied as against enon equitable terms the capital, skills, arts terprises which are engaged in such' activiand technology it needs for its economic ties therein at the time such new limitadevelopment.

tions are adopted and which are owned or 2. The Parties undertake to cooperate in controlled by nationals and companies of furthering the interchange and use of scien- the other Party. Moreover, neither Party tific and technical knowledge, particularly shall deny to transportation, communicain the interests of increasing productivity tions and banking companies of the other and improving standards of living within Party the right to maintain branches and their respective territories.

agencies to perform functions necessary for

essentially international operations in which ARTICLE VI

they are permitted to engage. 1. Property of nationals and companies

3. The provisions of paragraph 1 of the of either Party shall receive the most con

present Article shall not prevent either Party stant protection and security within the

from prescribing special formalities in conterritories of the other party.

nection with the establishment of alien2. The dwellings, offices, warehouses, fac

controlled enterprises within its territories; tories and other premises of nationals and but such formalities may not impair the subcompanies of either Party located within the stance of the rights set forth in said paraterritories of the other Party shall not be

graph. subject to unlawful entry or molestation.

4. Nationals and companies of either Party, Oficial searches and examination of such

as well as enterprises controlled by such premises and their contents, when necessary,

nationals and companies, shall in any event shall be made only according to law and

be accorded most-favored-nation treatment with careful regard for the convenience of

with reference to the matters treated in the the occupants and the conduct of business.

present Article.
3. Property of nationals and companies
of either Party shall not be taken within

ARTICLE VITI
the territories of the other Party except 1. Nationals and companies of either
for a public purpose, nor shall it be taken Party shall be permitted to engage, within
without the prompt payment of just com- the territories of the other party, account-
pensation. Such compensation shall be in ants and other technical experts, executive
an effectively realizable form and shall rep- personnel, attorneys, agents and other spe-
resent the full equivalent of the property cialists of their choice. Moreover, such na-
taken; and adequate provision shall have tionals and companies shall be permitted to
been made at or prior to the time of taking engage accountants and other technical ex-
for the determination and payment thereof. perts regardless of the extent to which they

4. Nationals and companies of either Party may have qualified for the practice of a proshall in no case be accorded, within the ter- fession within the territories of such other ritories of the Other Party, less than na- Party, for the particular purpose of making tional treatment and most-favored-nation examinations, audits and technical investigations exclusively for, and rendering reports collection thereof, within the territories of of exchange is in force, the rate applicable to, such nationals and companies in connec- such other Party, more burdensome than to such withdrawals shall be a rate which tion with the planning and operation of their those borne by nationals and companies of is specifically approved by the International enterprises, and enterprises in which they such other Party.

Monetary Fund for such transactions or, in have a financial interest, within such terri- 2. With respect to nationals of either the absence of a rate so approved, an effectories.

Party who are neither resident nor engaged tive rate which, inclusive of any taxes or sur2. Nationals of either Party shall not be

in trade or other gainful pursuit within the charges on exchange transfers, is just and barred from practicing the professions with

territories of the other Party, and with re- reasonable, in the territories of the other Party merely spect to companies of either Party which are 4. Exchange restrictions shall not be imby reason of their alienage; but they shall be

not engaged in trade or other gainful pursuit posed by either Party in a manner unnecespermitted to engage in professional activities

within the territories of the other Party, sarily detrimental or arbitrarily discriminatherein upon compliance with the require

it shall be the aim of such other Party to tory to the claims, investments, transport, ments regarding qualifications, residence

apply in general the principle set forth in trade, and other interests of the nationals and competence that are applicable to naparagraph 1 of the present Article.

and companies of the other Party, nor to the

either tionals of such other Party.

3. Nationals and companies of

competitive position thereof. 3. Nationals and companies of either

Party shall in no case be subject, within the 5. The term "exchange restrictions" as Party shall be accorded national treatment

territories of the other Party, to the payment used in the present Article includes all re

of taxes, fees or charges imposed upon or strictions, regulations, charges, taxes, or and most-favored-nation treatment with re

applied to income, capital, transactions, ac- other requirements imposed by either Partý spect to engaging in scientific, educational, religious and philanthropic activities within

tivities or any other object, or to require- which burden or interfere with payments,

ments with respect to the levy and collec- remittances, or transfers of funds or of finanthe territories of the other party, and shall

tion thereof, more burdensome than those cial instruments between the territories of be accorded the right to form associations

borne by nationals, residents and companies the two Parties. for that purpose under the laws of such other Party. of any third country.

ARTICLE XIII
4. In the case of companies

of companies of either
ARTICLE IX
Party engaged in trade or other gainful pur-

Commercial travelers representing nation1. Nationals and companies of either Party suit within the territories of the other Party,

als and companies of either Party engaged in shall be accorded within the territories of and in the case of nationals of either Party

business within the territories thereof shall, the other Party: (a) national treatment with engaged in trade or other gainful pursuit

upon their entry into and departure from respect to leasing land, buildings and other within the territories of the other Party but

the territories of the other party and during immovable property appropriate to the con- not resident therein, such other Party shall

their sojourn therein, be accorded mostduct of activities in which they are permitted not impose or apply any tax, fee or charge

favored-nation treatment in respect of the

customs and other matters, including, subto engage pursuant to Articles VII and VIII

upon any income, capital or other basis in and for residential purposes, and with re- excess of that reasonably allocable or appor

ject to the exceptions in paragraph 5 of Arspect to occupying and using such property; tionable to its territories, nor grant deduc

ticle XI, taxes and charges applicable to and (b) other rights in immovable property tions and exemptions less than those reason

them, their samples and the taking of or

ders, and regulations governing the exercise permitted by the applicable laws of the other abiy allocable or apportionable to its terriParty. tories. A comparable rule shall apply also

of their functions. 2. Nationals and companies of either in the case of companies organized and op

ARTICLE XIV Party shall be accorded within the territories erated exclusively for scientific, educational,

1. Each Party shall accord most-favoredof the other Party national treatment and religious or philanthropic purposes.

nation treatment to products of the other most-favored-nation treatment with respect 5. Each Party reserves the right to: (a)

Party, from whatever place and by whatever to acquiring, by purchase, lease, or other- extend specific tax advantages on the basis

type of carrier arriving, and to products deswise, and with respect to owning and posof reciprocity; (b) accord special tax advan

tined for exportation to the territories of sessing, movable property of all kinds, both tages by virtue of agreements for the avoid

such other party, by whatever route and by tangible and intangible. However, either ance of double taxation or the mutual pro

whatever type of carrier, with respect to cusParty may impose restrictions on alien own- tection of revenue; and (c) accord to its

toms duties and charges of any kind imposed ership of materials dangerous from the own nationals and to residents of contiguous

on or in connection with importation or exstandpoint of public safety and alien ownercountries more favorable exemptions of a

portation or imposed on the international ship of interests in enterprises carrying on personal nature with respect to income taxes

transfer of payments for imports or exports, the activities listed in the first sentence of and inheritance taxes than are accorded to

and with respect to the method of levying paragraph 2 of Article VII, but only to the other non-resident persons.

such duties and charges, and with respect extent that this can be done without im

ARTICLE XII

to all rules and formalities in connection pairing the rights and privileges secured by

1. Nationals and companies of either Party

with importation and exportation. Article VII or by other provisions of the shall be accorded by the other Party national

2. Neither Party shall impose restrictions present Treaty. treatment and most-favored-nation treat

or prohibitions on the importation of any 3. Nationals and companies of either ment with respect to payments, remittances

product of the other Party, or on the exporParty shall be permitted freely to dispose of

and transfers of funds or financial instru- tation of any product to the territories of property within the territories of the other ments between the territories of the two Par

the other Party, unless the importation of Party with respect to the acquisition of ties as well a's between the territories of

the like product of, or the exportation of which through testate or intestate succession

such other party and of any third country. the like product to, all third countries is their alienage has prevented them from re

2. Neither Party shall impose exchange re

similarly restricted or prohibited. ceiving national treatment, and they shall strictions as defined in paragraph 5 of the

3. If either Party imposes quantitative rebe permitted a term of at least five years in present Article except to the extent necessary

strictions on the importation or exportation which to effect such disposition.. to prevent its monetary reserves from falling

of any product in ich the other Party has 4. Nationals and companies of either Party to a very low level or to effect a moderate

an important interest: shall be accorded within the territories of increase in very low monetary reserves. It (a) It shall as a general rule give prior the other Party national treatment and is understood that the provisions of the pres- public notice of the total amount of the most-fayored-nation treatment with respect ent Article do not alter the obligations either product, by quantity or value, that may be to disposing of property of all kinds.

Party may have to the International Mone- imported or exported during a specified peARTICLE X

tary Fund or preclude imposition of particu- riod, and of any change in such amount or Nationals and companies of either Party

lar restrictions whenever the Fund specifi- period; and shall be accorded, within the territories of

cally authorizes or requests a Party to impose (b) If it makes allotments to any third the other Party, national treatment and such particular restrictions.

country, it shall afford such other Party a most-favored-nation treatment with respect

3. If either Party imposes exchange restric- share proportionate to the amount of the to obtaining and maintaining patents of in

tions in accordance with paragraph 2 above, product, by quantity or value, supplied by vention, and with respect to rights in trade it shall, after making whatever provision may

or to it during a previous representative pemarks, trade names, trade labels and indus

be necessary to assure the availability of riod, due consideration being given to any trial property of every kind.

foreign exchange for goods and services es- special factors affecting the trade in such

sential to the health and welfare of its product. ARTICLE XI

people, make reasonable provision for the 4. Either Party may impose prohibitions or 1. Nationals of either Party residing with- withdrawal, in foreign exchange in the cur- restrictions on sanitary or other customary in the territories of the other Party, and rency of the other Party, of: (a) the com- grounds of a noncommercial nature, or in nationals and companies of either Party en- pensation referred to in article VI, para- the interest of preventing deceptive or ungaged in trade or other gainful pursuit or graph 3, of the present Treaty, (b) earnings, fair practices, provided such prohibitions or in scientific, educational, religious or philan- whether in the form of salaries, interest, restrictions do not arbitrarily discriminate thropic activities within the territories of dividends, commissions, royalties, payments against the commerce of the other party. the other Party, shall not be subject to the for technical services, or otherwise, and (c) 5. Nationals and companies of either Party payment of taxes, fees or charges imposed amounts for amortization of loans, deprecia- shall be accorded national treatment and upon or applied to income, capital, transac- tion of direct investments, and capital trans- most-favored-nation treatment by the other tions, activities or any other object, or to fers, giving consideration to special needs for Party with respect to all matters relating to requirements with respect to the levy, and other transactions. If more than one rate importation and exportation.

6. The provisions of the present Article ment, and that monopolies or agencies assistance and protection as are in like cases shall not apply to advantages accorded by granted exclusive or special privileges within enjoyed by vessels of such other Party or of either Party:

its territories, shall make their purchases any third country, and shall not be subject (a) to products of its national fisheries;

and sales involving either imports or exports to any duties or charges other than those (b) to adjacent countries in order to fa- affecting the commerce of the other Party which would be payable in like circumstances cilitate frontier traffic; or

solely in accordance with commercial con- by vessels of such other Party or of any third (c) by virtue of a customs union or free- siderations, including price, quality, avail- country. The cargoes of such vessels of trade area of which it may become a member, ability, marketability, transportation and either Party and all articles salvaged from so long as it informs the other Party of its other conditions of purchase or sale; and (b) them shall be exempt from customs duties plans and affords such other Party adequate that the nationals, companies and commerce unless entered for consumption within the opportunity for consultation.

of such other Party shall be afforded ade- territories of the other Party; but articles not 7. Notwithstanding the provisions of para- quate opportunity, in accordance with cus- entered for consumption may be subject to graphs 2 and 3 (b) of the present Article, a tomary business practice, to compete for measures for the protection of the revenue Party may apply restrictions or controls on participation in such purchases and sales. pending their exit from the country. importation and exportation of goods that 2. Each Party shall accord to the na- 6. Notwithstanding any other provision of have effect equivalent to, or which are neces- tionals, companies and commerce of the the present Treaty, each Party may reserve sary to make effective, exchange restrictions other Party fair and equitable treatment, exclusive rights and privileges to its own vesapplied pursuant to Article XII. However, as compared with that accorded to the na.

sels with respect to the coasting trade, nasuch restrictions or controls shall depart no tionals, companies and commerce of any tional fisheries and inland navigation, or more than necessary from the aforesaid par- third country, with respect to: (a) the gov- may admit foreign vessels thereto only on a agraphs and shall be conformable with a ernmental purchase of supplies, (b) the reciprocity basis. policy designed to promote the maximum awarding of concessions and other govern

7. The term "vessels”, as used herein, development of nondiscriminatory foreign ment contracts, and (c) the sale of any sery

means all types of vessels, whether privately trade and to expedite the attainment both ice sold by the Government or by any

owned or operated, or publicly owned or opof a balance-of-payments position and of monopoly or agency granted exclusive or

erated; but this term does not, except with monetary reserves which will obviate the special privileges.

reference to paragraphs 2 and 5 of the presnecessity of such restrictions.

ARTICLE XVIII

ent Article, include fishing vessels or vessels ARTICLE XV 1. The two Parties agree that business

of war.

ARTICLE XX 1. Each Party shall promptly publish laws, practices which restrain competition, limit regulations and administrative rulings of access to markets or foster monopolistic con- There shall be freedom of transit through

the territories of each Party by the routes general application pertaining to rates of trol, and which are engaged in or made efduty, taxes or other charges, to the classi

fective by one or more private or public most convenient for international transit: fication of articles for customs purposes, and

commercial enterprises or by combination, (a) for nationals of the other Party, toto requirements or restrictions on imports

agreement or other arrangement among such gether with their baggage; and exports or the transfer of payments

enterprises, may have harmful effects upon (b) for other persons, together with their therefor, or affecting their sale, distribution

commerce between their respective terri- baggage, en route to or from the territories or use; and shall administer such laws, regu

tories. Accordingly, each Party agrees upon of such other Party; and lations and rulings in a uniform, impartial the request of the other Party to consult with

(c) for products of any origin en route to and reasonable manner. As a general prac

respect to any such practices and to take or from the territories of such other Party. tice, new administrative requirements or resuch measures as it deems appropriate with

Such persons and things in transit shall be a view to eliminating such harmful effects. strictions affecting imports, with the excep

2. No enterprise of either Party, including imposed by reason of transit, and from un

exempt from customs duties, from duties tion of those imposed on sanitary grounds or for reasons of public safety, shall not go into corporations, associations, and government

reasonable charges and requirements; and effect before the expiration of 30 days after agencies and instrumentalities, which is pub

shall be free from unnecessary delays and publication, or alternatively, shall not apply licly owned or controlled shall, if it engages

restrictions. They shall, however, be subject in commercial, industrial, shipping or other to products en route at time of publication.

to measures referred to in paragraph 3 of business activities within the territories of 2. Each Party shall provide an appeals pro

Article I, and to nondiscriminatory regulathe other Party, claim or enjoy, either for cedure under which nationals and companies itself or for its property, immunity therein

tions necessary to prevent abuse of the of the other Party, and importers of products

transit privilege. from taxation, suit, execution of judgment of such other Party, shall be able to obtain or other liability to which privately owned

ARTICLE XXI prompt and impartial review, and correction

and controlled enterprises are subject when warranted, of administrative action

1. The present Treaty shall not preclude therein. relating to customs matters, including the

the application of measures:

ARTICLE XIX imposition of fines and penalties, confisca

(a) regulating the importation or exportions, and rulings on questions of customs

1. Between the territories of the two Par- tation of gold or silver; classification and valuation by the adminis

ties there shall be freedom of commerce and (b) relating to fissionable materials, to trative authorities. Penalties imposed for navigation.

radioactive by-products of the utilization or infractions of the customs and shipping laws

2. Vessels under the flag of either Party, processing thereof, or to materials that are and regulations concerning documentation

and carrying the papers required by its law the source of fissionable materials; shall, in cases resulting from clerical errors

in proof of nationality, shall be deemed to (c) regulating the production of or traffic or when good faith can be demonstrated, be be vessels of that Party both on the high seas in arms, ammunition and implements of war, no greater than necessary to serve merely as

and within the ports, places and waters of or traffic in other materials carried on directly a warning. the other Party.

or indirectly for the purpose of supplying a 3. Neither Party shall impose any measure

3. Vessels of either Party shall have lib- military establishment; of a discriminatory nature that hinders or erty, on equal terms with vessels of the

(d) necessary to fulfill the obligations of prevents the importer or exporter of products other Party and on equal terms with vessels

a Party for the maintenance or restoration of either country from obtaining marine inof any third country, to come with their

of international peace and security, or necessurance on such products in companies of cargoes to all ports, places and waters of

sary to protect its essential security interests; either Party. The present paragraph is sub

such other Party open to foreign commerce and ject to the provisions of Article xil. and navigation. Such vessels and cargoes

(e) denying to any company in the ownershall in all respects be accorded national ARTICLE XVI treatment and most-favored-nation treat

ship or direction of which nationals of any

third country or countries have directly or 1. Products of either Party shall be ac- ment within the ports, places and waters of corded, within the territories of the other such other Party.

indirectly the controlling interest, the ad

vantages of the present Treaty, except with Party, national treatment and most-favored

4. Vessels of either Party shall be accorded

respect to recognition of juridical status and nation treatment in all matters affecting in- national treatment and most-favored-nation

with respect to access to courts of justice ternal taxation, sale, distribution, storage treatment by the other party with respect to

and to administrative tribunals and agencies. and use. the right to carry all products that may be

2. The most-favored-nation provisions of 2. Articles produced by nationals and com

carried by vessel to or from the territories of panies of either Party within the territories such other party; and such products shall be

the present Treaty relating to the treatment accorded treatment no less favorable than

of goods shall not apply to advantages acof the other party, or by companies of the

corded by the United States of America or latter Party controlled by such nationals

that accorded to like products carried in vesand companies, shall be accorded therein sels of such other Party, with respect to:

its Territories and possessions to one another, treatment no less favorable than that ac(a) duties and charges of all kinds, (b) the

to the Republic of Cuba, to the Republic of corded to like articles of national origin by administration of the customs, and (c) boun

the Philippines, to the Trust Territory of the whatever person or company produced, in all ties, drawbacks and other privileges of this

Pacific Islands or to the Panama Canal Zone, matters affecting exportation, taxation, sale, nature.

3. The provisions of the present Treaty distribution, storage and use.

5. Vessels of either Party in case of ship

relating to the treatment of goods shall not wreck, stranding, or of being forced to put preclude action by either Party which is reARTICLE XVII

into the ports, places and waters of the other quired or specifically permitted by the Gen1. Each Party undertakes (a) that enter. Party, whether or not open to foreign com- eral Agreement on Tariffs and Trade during prises owned or controlled by its Govern- merce and navigation, shall enjoy the same such time as such Party is a contracting party to the General Agreement. Moreover, DONE in duplicate, in the English and Jap- commerce of the other Party, and shall be either Party may withhold advantages nego- anese languages, both equally authentic, at continued no longer than required by the tiated under the aforesaid Agreement from Tokyo, this second day of April, one thou- supply situation. those countries which by their own choice sand nine hundred fifty three.

9. Notwithstanding the national treatment are not contracting parties thereto.

For the United States of America:

provisions of Article XVI, paragraph 1, a 4. Nationals of either Party admitted into (SEAL)

ROBERT MURPHY Party may maintain screen quota regulathe territories of the other Party for limited For Japan:

tions that require the exhibition of cinepurposes shall not enjoy rights to engage in [SEAL]

KATSUO OKAZAKI matograph films of national origin during a gainful occupations in contravention of limi.

specified minimum portion of the screen time tations expressly imposed, according to law,

PROTOCOL

actually utilized by exhibitors for the comas a condition of their admittance.

At the time of signing the Treaty of

mercial exhibition of all films. Screen quo5. Nothing in the present Treaty shall be Friendship, Commerce and Navigation be

tas shall be computed on the basis of screen deemed to grant or imply any right to engage tween the United States of America and Ja

time per theatre per year or the equivalent in political activities. pan, the undersigned Plenipotentiaries, duly

thereof, and shall be subject to consultation.

10. It is understood that for the purposes ARTICLE XXII authorized by their respective Governments,

of Article XVII, paragraph 1, availability of 1. The term "national treatment” means have further igreed on the following provi

means of payment is considered to be a comtreatment accorded within the territories of sions, which shall be considered integral

mercial consideration. a Party upon terms no less favorable than parts of the aforesaid Treaty: the treatment accorded therein, in like situa- 1. The term “access to the courts of justice

11. The provisions of Article XVII, parations, to nationals, companies, products, vesand to administrative tribunals and agen

graph 2 (b) and (c), and of Article XIX,

paragraph 4, shall not apply to postal sels or other objects, as the case may be, of cies” as used in Article IV, paragraph 1, com

services. such Party. prehends, among other things, legal aid and

12. The provisions of Article XXI, para2. The term "most-favored-nation treat- security for costs and judgment.

graph 2, shall apply in the case of Puerto ment” means treatment accorded within the 2. The provisions of Article VI, paragraph

Rico regardless of any change that may take territories of a Party upon terms no less 3, providing for the payment of compensa

place in its political status. favorable than the treatment accorded there- tion shall extend to interests held directly 13. Article XXIII does not apply to terriin, in like situations, to nationals, com- or indirectly by nationals and companies of tories under the authority of either Party panies, products, vessels or other objects, as either Party in property which is taken with

solely as a military base or by reason of temthe case may be, of any third country. in the territories of the other Party.

porary military occupation, or to Nansei 3. As used in the present Treaty, the term

3. The term "public utility enterprises" as

Shoto south of 29 degrees north latitude "companies" means corporations, partner- used in Article VII, paragraph 2, is deemed (including the Ryukyu Islands and the Daito ships, companies and other associations, to include enterprises engaged in furnishing

Islands), Nanpo Shoto south of Sofu Gan whether or not with limited liability and communications services, water supplies, (including the Bonin Islands, Rosario Island whether or not for pecuniary profit. Com- transportation by bus, truck or rail, or in and the Volcano Islands) and Parece Vela panies constituted upon the applicable laws manufacturing and distributing gas or elec- and Marcus Island, the status of which is and regulations within the territories of tricity, to the general public.

provided for in Article 3 of the Treaty of either Party shall be deemed companies 4. With reference to Article VII, paragraph Peace with Japan signed at San Francisco thereof and shall have their juridical status 4, either Party may require that rights to on September 8, 1951. recognized within the territories of the other engage in mining shall be dependent on reci- 14. The most-favored-nation treatment Party.

procity. Furthermore, Japan shall not be provisions of the present Treaty shall not 4. National treatment accorded under the obliged by the terms of that paragraph to apply with respect to those rights and priviprovisions of the present Treaty to compa- accord to enterprises of nationals and com- leges which may be accorded by Japan to: nies of Japan shall, in any State, Territory panies of the United States of the types men- (a) persons who originated in the territories or possession of the United States of Amer- tioned in the first sentence of paragraph 2 to which all right, title and claim were reica, be the treatment accorded therein to of Article VII more favorable treatment than nounced by Japan in accordance with Article companies created or organized in other that accorded by the State or Territory of 2 of the Treaty of Peace with Japan signed States, Territories, and possessions of the the United States of America in which such at San Francisco on September 8, 1951; or United States of America.

national is domiciled, or pursuant to the (b) the native inhabitants and vessels of,

laws of which such company is organized, ARTICLE XXIII

and trade with, the islands mentioned in or in which, if such company is organized Article 3 of the said Treaty of Peace. The territories to which the present Treaty under Federal law, such company has its 15. During a transitional period of three extends shall comprise all areas of land and

principal office, to the enterprises of na- years from the date of the coming into force water under the sovereignty or authority of tionals and companies of Japan.

of the present Treaty, Japan may continue each Party, other than the Panama Canal

5. The provisions of Article VIII, para- to apply existing restrictions on the purchase Zone and the Trust Territory of the Pacific Islands, except to the extent that the Presi

graph 2, shall not extend to the professions by aliens, with yen, of outstanding shares in dent of the United States of America shall by of notary public and port pilot.

Japanese enterprises.

6. Either Party may impose restrictions on proclamation extend provisions of the Treaty

In witness whereof the respective Plenipothe introduction of foreign capital as may

tentiaries have signed this Protocol and have to such Trust Territory. be necessary to protect its monetary reserves

affixed hereunto their seals.
ARTICLE XXIV
as provided in Article XII, paragraph 2.

Done in duplicate, in the English and Jap1. Each Party shall accord sympathetic 7. With reference to Article XIV, para

anese languages, both equally authentic, at consideration to, and shall afford adequate graph 4, it is understood that either Party,

Tokyo, this second day of April, one thousand opportunity for consultation regarding, such acting in accordance with its laws, may pro

nine hundred fifty three. representations as the other party may make hibit the importation into its territory, or

For the United States of America: with respect to any matter affecting the op

ROBERT MURPHY seize, or otherwise restrict or regulate the

[SEAL) eration of the present Treaty. sale of any goods with respect to which there

For Japan: 2. Any dispute between the Parties as to

KATSUO OKAZAKI has been failure to comply with marking re

[SEAL) the interpretation or application of the pres- quirements established to assure that the ent Treaty, not satisfactorily adjusted by true geographic or commercial origin of such RESOLUTION OF RATIFICATION AND RESERVATION . diplomacy shall be submitted to the Inter- goods is correctly represented. Furthermore, Resolved (two-thirds of the Senators presnational Court of Justice, unless the Parties each Party agrees to take appropriate steps ent concurring therein), That the Senate agree to settlement by some other pacific to prevent misrepresentations, direct or in

advise and consent to the ratification of means.

direct, that goods produced or sold in or Executive O, 83d Congress, 1st session, a ARTICLE XXV exported from its territory originate within

treaty of friendship, commerce, and navi1. The present Treaty shall be ratified, and the territory of the other Party or any dis

gation between the United States of America the ratifications thereof shall be exchanged tinctive place within such territory.

and Japan, together with a protocol relatat Washington as soon as possible.

8. During periods of emergency resulting ing thereto, signed at Tokyo on April 2, 2. The present Treaty shall enter into force

in reduced availabilities of industrial raw 1953, subject to the following reservation, one month after the day of exchange of rati

materials and basic foodstuffs, the provisions which shall be agreed to by the other high fications. It shall remain in force for ten

of Article XVI, paragraph 1, of the present contracting party before ratifications are exyears and shall coitinue in force thereafter

Treaty shall not prevent the application by changed: until terriinated as provided herein.

either Party of needed controls over the in- “Article VIII, paragraph 2, shall not ex3. Either Party may, by giving one year's

ternal sale, distribution or use of imported tend to professions which, because they inwritten notice to the other Party, terminate

articles of categories which may be in short volve the performance of functions in a

supply, other than or different from controls public capacity or in the interest of public the present Treaty at the end of the initial

applied with respect to like articles of na- health and safety, are State licensed and reten-year period or at any time thereafter. tional origin. If imposed, such controls served by statute or constitution exclusively

IN WITNESS WHEREOF the respective Pleni- shall be applied by either Party in such a to citizens of the country, and no mostpotentiaries have signed the present Treaty manner as to minimize injury to the com- favored-nation clause in the said treaty shall and have affixed hereunto their seals.

petitive position within its territories of the apply to such professions."

AND

(Ex. N (83d Cong., 1st sess.))

many exercises jurisdiction. The present RESOLUTION OF RATIFICATION AND RESERVATION AGREEMENT CONCERNING THE TREATY BETWEEN agreement shall also enter into force, and

Resolved (two-thirds of the Senators presTHE UNITED STATES OF AMERICA AND GERthe aforesaid Treaty shall be applied and

ent concurring therein), That the Senate adMANY ON FRIENDSHIP, COMMERCE,

considered fully operative, in the area of vise and consent to the ratification of ExecuCONSULAR RIGHTS OF DECEMBER 8, 1923, AS Berlin (West) when the Government of the

tive N, 83d Congress, 1st session, an agreeAMENDED

Federal Republic of Germany furnishes the ment between the United States of America

Government of the United States of America The United States of America and the Fed

and the Federal Republic of Germany, signed a notification that all legal procedures in eral Republic of Germany, desirous

at Bonn on June 3, 1953, concerning the apBerlin necessary therefor have been complied plication of the treaty of friendship, comstrengthening the bonds of friendship exist

with. ing between them and of placing their rela

merce, and consular rights between the

ARTICLE V tions on a normal and stable basis as soon as

United States of America and Germany, possible, have resolved as a step toward that It is agreed that negotiations for a new signed at Washington on December 8, 1923, end to restore to full force and effect, except treaty of Friendship, Commerce and Navi- as amended, subject to the following reseras otherwise provided in the following gation shall be entered into without delay. vation, which shall be agreed to by the other Articles, the provisions of the Treaty of

ARTICLE VI

high contracting party before ratifications Friendship, Commerce and Consular Rights

are exchanged: between the United States of America and

1. The present agreement shall be ratified,

“Article I of the treaty of friendship, comand the ratifications thereof shall be exGermany signed at Washington, December

merce, and consular rights between the 8, 1923, as amended, as a provisional measure changed at Washington as soon as possible.

United States of America and Germany,

2. The present agreement shall enter into pending the conclusion of a more compre

signed at Washington on December 8, 1923, force on the day of exchange of ratifications. hensive, modern treaty or treaties for such

shall not extend to professions which, be

3. Either Party may terminate the present purposes, and have, through their duly au

cause they involve the performance of functhorized representatives, agreed as follows: agreement by giving six months' written

tions in a public capacity or in the interest notice to the other Party.

of public health and safety, are stateARTICLE I In witness whereof the respective duly au

licensed and reserved by statute or constitu. The provisions of the Treaty of Friend- thorized representatives have signed the

tion exclusively to citizens of the country, ship, Commerce and Consular Rights be- present agreement.

and no most-favored-nation clause in the tween the United States of America and Done in duplicate, in the English and Ger

said treaty shall apply to such professions." Germany signed at Washington December 8, man languages, both equally authentic, at 1923, as amended by an exchange of notes Bonn, this third day of June, one thousand dated March 19 and May 21, 1925, and the nine hundred fifty three.

LEGISLATIVE SESSION agreement signed at Washington June 3, For the United States of America: 1935, shall be applied and be considered fully

JAMES B. CONANT Mr. KNOWLAND. Mr. President, I operative between the United States of For the Federal Republic of Germany: move that the Senate resume the conAmerica and the Federal Republic of Ger

ADENAUER sideration of legislative business. many on and after the effective date of the

The motion was agreed to, and the present agreement insofar as either High

DEPARTMENT OF STATE,

Senate resumed the consideration of legContracting Party may not have heretofore

Washington, June 2, 1953.

islative business. notified the other party in accordance with

Dr. HEINZ L. KREKELER, Article XXXI of the aforesaid Treaty an

Chargé d'Affaires of the Federal intention to modify or omit any of its

Republic of Germany. Articles, and except as otherwise provided in

SALE OF GOVERNMENT-OWNED

SIR: I refer to various discussions which the following Articles, without prejudice to have taken place concerning the liability of

RUBBER-PRODUCING FACILITIES the previous status of any provisions of the German nationals to compulsory service in

The PRESIDING OFFICER (Mr. BARaforesaid Treaty which may have remained

the armed forces of the United States, and operative or may have again become opera

RETT in the chair). The Chair lays beto the problem presented to this Governtive at any time since the outbreak of hos

fore the Senate the unfinished business. ment in carrying out the provisions of Artilities between the United States of Ameri

The Senate resumed the consideration ticle VI of the Treaty of Friendship, Comca and Germany.

merce, and Consular Rights signed at Wash- of the bill (S. 2047) to amend the RubARTICLE II

ington on December 8, 1923, in the light of ber Act of 1948, as amended, to provide In accordance with the intent of Article

the Universal Military Training and Service for the sale of Government-owned rubXIX of the aforesaid Treaty, that Article

Act of 1951. The Act provides that aliens ber-producing facilities, to repeal and is hereby amended by adding the following:

admitted to the United States for permanent modify certain of its provisions affected “The Government of either Party may, in residence shall be subject to induction on

thereby, and for other purposes. the territory of the other, acquire, own, lease

the same terms as United States citizens. for any period of time, or otherwise hold and

In view of this situation, I wish to inform occupy, such lands, buildings, and appurteyou of the desire of this Government to

ANNUITIES TO RETIRED COMPnances as may be necessary and appropriate modify the said Treaty as provided in Article for governmental, other than military, purXXXI thereof, by omitting the said Article

TROLLERS GENERAL poses. If under the local law the permission VI, and I herewith request you to notify your

Mr. KNOWLAND. Mr. President, I of the local authorities must be obtained as a Government that, beginning one year from

move that the unfinished business be prerequisite to any such acquiring or holding,

the date of this note, the Government of the such permission shall be given on request.'

United States will consider the said Article temporarily laid aside and that the Sen-
VI to be no longer an operative part of the

ate proceed to the consideration of
ARTICLE III
said Treaty of 1923.

House bill 5228, which is No. 593 on the None of the provisions of the present agree- Accept, Sir, the renewed assurances of my Calendar. ment or of the aforesaid Treaty shall be con- high consideration.

The PRESIDING OFFICER. The sidered as affecting in any way (1) the rights

For the Secretary of State: or obligations of either Party in respect of

clerk will state the bill by title.

GEOFFREY W. LEWIS. measures to safeguard essential security in

The CHIEF CLERK. A bill (H. R. 5228) terests or (2) the status of the United States

to amend section 303 of the Budget and of America and its personnel in Germany.

DIPLOMATIC MISSION OF THE

Accounting Act, 1921 (42 Stat. 23). Until the effective date of the Conventions

FEDERAL REPUBLIC OF GERMANY,

The PRESIDING OFFICER. The signed at Bonn on May 26, 1952 the provi

1742-44 R STREET NORTHWEST,

Washington, D.C., June 2, 1953. sions of legislation, regulations or directives

question is on agreeing to the motion

of the Senator from California. which may be in effect by virtue of the status His Excellency JOHN FOSTER DULLES, in Germany of the United States of America

Secretary of State,

The motion was agreed to; and the shall prevail over any inconsistent provisions

Washington, D.C.

Senate proceeded to consider the bill. of the present agreement or of the afore

EXCELLENCY: I have the honor to acknowlsaid Treaty; and thereafter the provisions of

edge the receipt of your Excellency's note, the said Conventions, and of any other redated June 2, 1953, by which the American

SAFETY ON THE HIGHWAYS lated agreements that have been or may be

Government serves notice of its desire to entered into, shall so prevail in case of any modify the Treaty of Friendship, Commerce,

Mr. MORSE. Mr. President, there is such inconsistency.

and Consular Rights signed at Washington, pending a conference report on House

December 8, 1923, by omitting Article VI of bill 4663. It is in charge of the Senator ARTICLE IV

the Treaty in accordance with the provisions from Massachusetts (Mr. SALTONSTALL), Pending the peaceful reunification of Ger- contained in Article XXXI thereof. many, the German territory to which the

to whom I spoke a few moments ago.

Accept, Excellency, the renewed assurances aforesaid Treaty shall be applied and con- of my highest consideration.

He advised me that it probably would sidered fully operative shall be understood

HEINZ L. KREKELER,

not be called up for action until Thursto compromise all areas of land, water and

Chargé d'Affaires of the Federal

day or Friday of this week. However, air over which the Federal Republic of Ger

Republic of Germany. the implications of the bill as agreed to

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