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resolved to conclude a Treaty of Friendship,
treatment with respect to the matters set Commerce, and Navigation, based in general
1. Nationals and companies of either Party
forth in paragraphs 2 and 3 of the present upon the principles of national and of mostshall be accorded national treatment and
Article. Moreover, enterprises in which' nafavored-nation treatment unconditionally
most-favored-nation treatment with respect tionals and companies of either Party have accorded, and for that purpose have apto access to the courts of justice and to ad
a substantial interest shall be accorded, pointed as their Plenipotentiaries, ministrative tribunals and agencies within
within the territories of the other Party, not The United States of America: the territories of the other Party, in all de
less than national treatment and most-faRobert Murphy, Ambassador Extraordinary grees of jurisdiction, both in pursuit and
vored-nation treatment in all matters relatand Plenipotentiary of the United States of in defense of their rights. It is understood
ing to the taking of privately-owned enterAmerica to Japan, and
that companies of either Party not engaged prises into public ownership and to the placJapan:
in activities within the territories of the ing of such enterprises under public conKatsuo Okazaki, Minister for Foreign Afother Party shall enjoy such access therein
trol, fairs of Japan, without registration or similar requirements.
ARTICLE VII Who, having communicated to each other
2. Contracts entered into between nation.
1. Nationals and companies of either Party their full powers found to be in due form, als and companies of either Party and na
shall be accorded national treatment with have agreed upon the following Articles: tionals and companies of the other party, respect to engaging in all types of .comARTICLE I that provide for the settlement by arbitra
mercial, industrial, financial and other busi1. Nationals of either Party shall be pertion of controversies, shall not be deemed
ness activities within the territories of the unenforceable within the territories of such mitted to enter the territories of the other
other Party, whether directly or by agent or other Party merely on the ground that the Party and to remain therein: (a) for the
through the medium of any form of lawful place designated for the arbitration propurpose of carrying or. trade between the
juridical entity. Accordingly, such nationals ceedings is outside such territories or that territories of the two Parties and engaging
and companies shall be permitted within the nationality of one or more of the arbiin related commercial activities; (b) for the
such territories: (a) to establish and maintrators is not that of such other Party. purpose of developing and directing the op
tain branches, agencies, offices, factories and Awards duly rendered pursuant to any such erations of an enterprise in which they have
other establishments appropirate to the concontracts, which are final and enforceable invested, or in which they are actively in
duct of their business; (b) to organize comunder the laws of the place where rendered, panies under the general company laws of the process of investing, a substantial
shall be deemed conclusive in enforcement amount of capital; and (c) for other pur
such other Party, and to acquire majority proceedings brought before the courts of poses subject to the laws relating to the
interests in companies of such other Party; competent jurisdiction of either Party, and entry and sojourn of aliens.
and (c) to control and manage enterprises shall be entitled to be declared enforceable 2. Nationals of either Party, within the
which they have established or acquired. by such courts, except where found contrary Moreover, enterprises which they control, territories of the other Party, shall be per
to public policy. When so declared, such mitted: (a) to travel therein freely, and to
whether in the form of individual proprietorawards shall be entitled to privileges and reside at places of their choice; (b) to enjoy
ships, companies or otherwise, shall, in all measures of enforcement appertaining to liberty of conscience; (c) to hold both pri
that relates to the conduct of the activities awards rendered locally. It is understood, vate and public religious services; (d) to
thereof, be accorded treatment no less fahowever, that awards rendered outside the gather and to transmit material for dis
vorable than that accorded like enterprises United States of America shall be entitled semination to the public abroad; and (e)
controlled by nationals and companies of in any court in any State thereof only to to communicate with other persons inside
such other Party. the same measure of recognition as awards and outside such territories by mail, tele
2. Each Party reserves the right to limit rendered in other States thereof. graph and other means open to general pub
the extent to which aliens may within its lic use.
territories establish, acquire interests in, or 3. The provisions of the present Article 1. Neither Party shall take unreasonable carry on public utilities enterprises or enshall be subject to the right of either Party or discriminatory measures that would im- terprises engaged in shipbuilding, air or to apply measures that are necessary to pair the legally acquired rights or interests
water transport, banking involving deposimaintain public order and protect the public within its territories of nationals and com
tory or fiduciary functions, or the exploitahealth, morals and safety.
panies of the other party in the enterprises tion of land or other natural resources. ARTICLE II
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 1. Nationals of either Party within the terthey have supplied; nor shall either Party
accorded national treatment, with respect ritories of the other Party shall be free from unreasonably impede nationals and com
to carrying on such activities within its terunlawful molestations of every kind, and
panies of the other Party from obtaining ritories, shall not be applied as against enshall receive the most constant protection
on equitable terms the capital, skills, arts terprises which are engaged in such' activiand security, in no case less than that reand technology it needs for its economic
ties therein at the time such new limitaquired by international law. development.
tions are adopted and which are owned or 2. If within the territories of either Party,
2. The Parties undertake to cooperate in controlled by nationals and companies of a national of the other party is taken into furthering the interchange and use of scien- the other Party. Moreover, neither Party custody, the nearest consular representative
tific and technical knowledge, particularly shall deny to transportation, communicaof his country shall on the demand of such
in the interests of increasing productivity tions and banking companies of the other national be immediately notified. Such na
and improving standards of living within Party the right to maintain branches and tional shall: (a) receive reasonable and hutheir respective territories.
agencies to perform functions necessary for mane treatment; (b) be formally and imme
essentially international operations in which
ARTICLE VI diately informed of the accusations against
they are permitted to engage. him; (c) be brought to trial as promptly as 1. Property of nationals and companies
3. The provisions of paragraph 1 of the is consistent with the proper preparation of of either Party shall receive the most con
present Article shall not prevent either Party his defense; and (d) enjoy all means reason- stant protection and security within the
from prescribing special formalities in conably necessary to his defense, including the territories of the other Party.
nection with the establishment of alienservices of competent counsel of his choice. 2. The dwellings, offices, warehouses, fac
controlled enterprises within its territories; tories and other premises of nationals and ARTICLE III
but such formalities may not impair the subcompanies of either Party located within the stance of the rights set forth in said para1. Nationals of either Party shall be ac- territories of the other Party shall not be corded national treatment in the application subject to unlawful entry or molestation.
graph. of laws and regulations within the territories
4. Nationals and companies of either Party, Oficial searches and examination of such of the other party that establish a pecuniary premises and their contents, when necessary,
as well as enterprises controlled by such compensation, or other benefit or service, on
nationals and companies, shall in any event shall be made only according to law and account of disease, injury or death arising
be accorded most-favored-nation treatment with careful regard for the convenience of out of and in the course of employment or
with reference to the matters treated in the the occupants and the conduct of business. due to the nature of employment.
3. Property of nationals and companies 2. In addition to the rights and privileges of either Party shall not be taken within
ARTICLE VIII provided in paragraph 1 of the present Ar- the territories of the other Party except 1. Nationals and companies of either ticle, nationals of either Party shall, within for a public purpose, nor shall it be taken Party shall be permitted to engage, within the territories of the other Party, be accorded without the prompt payment of just com- the territories of the other party, accountnational treatment in the application of laws pensation. Such compensation shall be in ants and other technical experts, executive and regulations establishing compulsory sys- an effectively realizable form and shall rep- personnel, attorneys, agents and other spetems of social security, under which benefits resent the full equivalent of the property cialists of their choice. Moreover, such naare paid without an individual test of finan- taken; and adequate provision shall have tionals and companies shall be permitted to cial need: (a) against loss of wages or earn- been made at or prior to the time of taking engage accountants and other technical exings due to old age, unemployment, sickness for the determination and payment thereof. perts regardless of the extent to which they or disability, or (b) against loss of financial 4. Nationals and companies of either Party may have qualified for the practice of a prosupport due to the death of father, husband shall in no case be accorded, within the ter- fession within the territories of such other or other person on whom such support had ritories of the Other Party, less than na- Party, for the particular purpose of making depended.
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 Partysarily 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 reand most-favored-nation treatment with re
of taxes, fees or charges imposed upon or strictions, regulations, charges, taxes, or spect to engaging in scientific, educational,
applied to income, capital, transactions, ac- other requirements imposed by either Party
tivities or any other object, or to require- which burden or interfere with payments, religious and philanthropic activities within the territories of the other Party, and shall
ments with respect to the levy and collec- remittances, or transfers of funds or of finan
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.
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 to engage pursuant to Articles VII and VIII upon any income, capital or other basis in
customs and other matters, including, suband 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 orpermitted by the applicable laws of the other ably allocable or apportionable to its terri
ders, and regulations governing the exercise
of their functions. Party.
tories. A comparable rule shall apply also 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 pos- of 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 owner- countries 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
to all rules and formalities in connection pairing the rights and privileges secured by
with importation and exportation.
1. Nationals and companies of either Party 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 as 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 which 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
country, it shall afford such other Party a such particular restrictions. 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 intions 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 indusbe necessary to assure the availability of
riod, due consideration being given to any
special factors affecting the trade in such trial property of every kind.
foreign exchange for goods and services es
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.
ent Article, include fishing vessels or vessels ARTICLE XV 1. The two Parties agree that business
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
corporations, associations, and government for reasons of public safety, shall not go into
reasonable charges and requirements; and agencies and instrumentalities, which is pubeffect before the expiration of 30 days after
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 1. The present Treaty shall not preclude when warranted, of administrative action therein.
the application of measures: relating to customs matters, including the
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 trafic 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
ship or direction of which nationals of any ARTICLE XVI treatment and most-favored-nation treat
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 nation treatment in all matters affecting innational treatment and most-favored-nation
respect to recognition of juridical status and
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
of goods shall not apply to advantages acof the other party, or by companies of the accorded treatment no less favorable than
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
to the Republic of Cuba, to the Republic of (a) duties and charges of all kinds, (b) the 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-
For the United States of America: 4. Nationals of either Party admitted into (SEAL ]
ROBERT MURPHY the territories of the other Party for limited For Japan: purposes shall not enjoy rights to engage in [SEAL)
KATSUO OKAZAKI gainful occupations in contravention of limitations expressly imposed, according to law,
PROTOCOL as a condition of their admittance.
At the time of signing the Treaty of 5. Nothing in the present Treaty shall be
Friendship, Commerce and Navigation bedeemed to grant or imply any right to engage
tween the United States of America and Jain political activities.
pan, the undersigned Plenipotentiaries, duly ARTICLE XXII
authorized by their respective Governments, 1. The term "national treatment” means have further igreed on the following provitreatment accorded within the territories of
sions, which shall be considered integral 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 tions, to nationals, companies, products, ves
and to administrative tribunals and agensels or other objects, as the case may be, of
cies” as used in Article IV, paragraph 1, comsuch Party.
prehends, among other things, legal aid and 2. The term "most-favored-nation treat- security for costs, and judgment. ment” means treatment accorded within the 2. The provisions of Article VI, paragraph territories of a Party upon terms no less 3, providing for the payment of compensafavorable than the treatment accorded there- tion shall extend to interests held directly in, in like situations, to nationals, com- or indirectly by nationals and companies of panies, products, vessels or other objects, as either Party in property which is taken withthe case may be, of any third country. in the territories of the other Party.
3. As used in the present Treaty, the term 3. The term "public utility enterprises" as "companies" means corporations, partner- used in Article VII, paragraph 2, is deemed ships, companies and other associations, to include enterprises engaged in furnishing whether or not with limited liability and communications services, water supplies, whether or not for pecuniary profit. Com- transportation by bus, truck or rail, or in panies constituted upon the applicable laws manufacturing and distributing gas or elecand regulations within the territories of tricity, to the general public. either Party shall be deemed companies 4. With reference to Article VII, paragraph thereof and shall have their juridical status 4, either Party may require that rights to recognized within the territories of the other engage in mining shall be dependent on reciParty.
procity. Furthermore, Japan shall not be 4. National treatment accorded under the obliged by the terms of that paragraph to provisions of the present Treaty to compa- accord to enterprises of nationals and comnies of Japan shall, in any State, Territory panies of the United States of the types menor possession of the United States of Amer- tioned in the first sentence of paragraph 2 ica, be the treatment accorded therein to of Article VII more favorable treatment than companies created or organized in other that accorded by the State or Territory of States, Territories, and possessions of the the United States of America in which such United States of America.
national is domiciled, or pursuant to the
laws of which such company is organized, ARTICLE XXIII
or in which, if such company is organized The territories to which the present Treaty
under Federal law, such company has its extends shall comprise all areas of land and
principal office, to the enterprises of nawater under the sovereignty or authority of tionals and companies of Japan. each Party, other than the Panama Canal
5. The provisions of Article VIII, paraZone and the Trust Territory of the Pacific
graph 2, shall not extend to the professions Islands, except to the extent that the Presi
of notary public and port pilot. dent of the United States of America shall by proclamation extend provisions of the Treaty
6. Either Party may impose restrictions on
the introduction of foreign capital as may to such Trust Territory.
be necessary to protect its monetary reserves ARTICLE XXIV
as provided in Article XII, paragraph 2. 1. Each Party shall accord sympathetic 7. With reference to Article XIV, paraconsideration to, and shall afford adequate graph 4, it is understood that either Party, opportunity for consultation regarding, such acting in accordance with its laws, may prorepresentations as the other Party may make hibit the importation into its territory, or with respect to any matter affecting the op- seize, or otherwise restrict or regulate the eration of the present Treaty.
sale of any goods with respect to which there 2. Any dispute between the Parties as to has been failure to comply with marking rethe 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 diplomacy shall be submitted to the Inter- goods is correctly represented. Furthermore, national Court of Justice, unless the Parties each Party agrees to take appropriate steps agree to settlement by some other pacific to prevent misrepresentations, direct or inmeans.
direct, that goods produced or sold in or ARTICLE XXV
exported from its territory originate within 1. The present Treaty shall be ratified, and
the territory of the other Party or any disthe ratifications thereof shall be exchanged
tinctive place within such territory. at Washington as soon as possible.
8. During periods of emergency resulting 2. The present Treaty shall enter into force
in reduced availabilities of industrial raw one month after the day of exchange of rati
materials and basic foodstuffs, the provisions fications. It shall remain in force for ten
of Article XVI, paragraph 1, of the present years and shall corntinue in force thereafter
Treaty shall not prevent the application by until terriinated as provided herein.
either Party of needed controls over the in
ternal sale, distribution or use of imported 3. Either Party may, by giving one year's
articles of categories which may be in short written notice to the other Party, terminate
supply, other than or different from controls the present Treaty at the end of the initial
applied with respect to like articles of naten-year period or at any time thereafter. tional origin. If imposed, such controls
IN WITNESS WHEREOF the respective Pleni- shall be applied by either Party in such a potentiaries have signed the present Treaty manner as to minimize injury to the comand have affixed hereunto their seals.
petitive position within its territories of the
commerce of the other Party, and shall be continued no longer than required by the supply situation.
9. Notwithstanding the national treatment provisions of Article XVI, paragraph 1, a Party may maintain screen quota regulations that require the exhibition of cinematograph films of national origin during a specified minimum portion of the screen time actually utilized by exhibitors for the commercial exhibition of all films. Screen quotas shall be computed on the basis of screen time per theatre per year or the equivalent thereof, and shall be subject to consultation.
10. It is understood that for the purposes of Article XVII, paragraph 1, availability of means of payment is considered to be a commercial consideration.
11. The provisions of Article XVII, paragraph 2 (b) and (c), and of Article XIX, paragraph 4, shall not apply to postal services.
12. The provisions of Article XXI, paragraph 2, shall apply in the case of Puerto Rico regardless of any change that may take place in its political status.
13. Article XXIII does not apply to territories under the authority of either Party solely as a military base or by reason of temporary military occupation, or to Nansei Shoto south of 29 degrees north latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano Islands) and Parece Vela and Marcus Island, the status of which is provided for in Article 3 of the Treaty of Peace with Japan signed at San Francisco on September 8, 1951.
14. The most-favored-nation treatment provisions of the present Treaty shall not apply with respect to those rights and privileges which may be accorded by Japan to: (a) persons who originated in the territories to which all right, title and claim were renounced by Japan in accordance with Article 2 of the Treaty of Peace with Japan signed at San Francisco on September 8, 1951; or (b) the native inhabitants and vessels of, and trade with, the islands mentioned in Article 3 of the said Treaty of Peace.
15. During a transitional period of three years from the date of the coming into force of the present Treaty, Japan may continue to apply existing restrictions on the purchase by aliens, with yen, of outstanding shares in Japanese enterprises.
In witness whereof the respective Plenipotentiaries have signed this Protocol and have affixed hereunto their seals.
Done in duplicate, in the English and Japanese languages, both equally authentic, at Tokyo, this second day of April, one thousand nine hundred fifty three.
For the United States of America: [SEAL]
ROBERT MURPHY For Japan: (SEAL)
RESOLUTION OF RATIFICATION AND RESERVATION
Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of Executive O, 83d Congress, 1st session, a treaty of friendship, commerce, and navi. gation between the United States of America and Japan, together with a protocol relating thereto, signed at Tokyo on April 2, 1953, subject to the following reservation, which shall be agreed to by the other high contracting party before ratifications are exchanged:
“Article VIII, paragraph 2, shall not extend to professions which, because they involve the performance of functions in public capacity or in the interest of public health and safety, are State licensed and reserved by statute or constitution exclusively to citizens of the country, and no mostfavored-nation clause in the said treaty shall apply to such professions."
(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, AND
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 agree
Federal Republic of Germany furnishes the AMENDED
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 of
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
high contracting party before ratifications
ARTICLE VI Friendship, Commerce and Consular Rights
1. The present agreement shall be ratified, between the United States of America and
“Article I of the treaty of friendship, comand the ratifications thereof shall be exGermany signed at Washington, December
merce, and consular rights between the changed at Washington as soon as possible. 8, 1923, as amended, as a provisional measure
United States of America and Germany, pending the conclusion of a more compre
2. The present agreement shall enter into
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 constituThe 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 Ameriticle VI of the Treaty of Friendship, Com
The Senate resumed the consideration ca 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 SenVI 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 which may be in effect by virtue of the status His Excellency JOHN FOSTER DULLES,
of the Senator from California. 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 acknowl. said 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 Pending the peaceful reunification of Ger
from Massachusetts [Mr. SALTONSTALL), 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