Page images
PDF
EPUB

Ad Article XI:

ARTICLE II

most-favored-nation treatment with respect Nothing in this Treaty shall be construed

1. Nationals of either Party shall be per

to access to the courts of justice and to adto supersede any provisions of the convenmitted freely to enter the territories of the

ministrative tribunals and agencies within tion between the United States of America other Party, to travel therein, to reside there

the territories of the other Party, in all deand the Kingdom of Denmark for the avoidin at places of their choice, and to depart

grees of jurisdiction, both in pursuit and in ance of double taxation and the prevention therefrom.

defense of their rights. It is understood that of fiscal evasion with respect to taxes on 2. There shall be freedom of transit companies of either Party not engaged in acincome, signed May 6th, 1948. through the territories of each Party by the

tivities within the territories of the other Ad Article XIV, paragraph 4:

routes most convenient for international Party shall enjoy such access therein without It shall be sufficient for the purposes of transit:

any requirement of registration or domestisubparagraph (c) if the information and

(a) for nationals of the other Party to

cation. views mentioned therein are imparted in the gether with their baggage; and

2. Contracts entered into between nationcourse of appropriate multilateral discussions

(b) for articles en route to or from the als and companies of either Party and na(as pursuant to the General Agreement on territories of such other Party.

tionals and companies of the other Party, Tariffs and Trade) in which both parties Such persons and articles in transit shall be

that provide for the settlement by arbitraparticipate. exempt from transit, customs and other du

tion of controversies, shall not be deemed Ad Article XIX, paragraph 2: ties, and from unreasonable charges and re

unenforceable within the territories of such The word "flag" in Article XIX, paragraph quirements; and shall be free from unneces

other Party merely on the grounds that the 2, shall also comprise a reference to the Faroese flag.

sary delays and restrictions. They shall, place designated for the arbitration proceed

however, be subject to non-discriminatory ings is outside such territories or that the Ad paragraph 6 of the Protocol:

regulations necessary to prevent abuse of the nationality of one or more of the arbitrators The provisions of paragraph 6 of the Pro- transit privilege.

is not that of such other Party Awards duly tocol do not imply discriminatory measures 3. Nationals of either Party shall be per

rendered pursuant to any such contracts, against duly authorized banking enterprises.

mitted to enter and remain in the territories which are final and enforceable under the E. A.

O. B. K.
of the other party in order to carry on trade

laws of the place where rendered, shall be between the territories of the two Parties deemed conclusive in enforcement proceedRESOLUTION OF RATIFICATION AND RESERVATION and commercial activities related thereto, ings brought before the courts of competent Resolved (two-thirds of the Senators pres

upon terms as favorable as those accorded jurisdiction of either Party, and shall be ento nationals of any third country who are

titled to be declared enforceable by such ent concurring therein), That the Senate advise and consent to the ratification of Execu- permitted entry for the purpose of carrying

courts, except where found contrary to pubon trade between the territories of such other

lic policy. When so declared, such awards tive I, 82d Congress, 2d session, a treaty of friendship, commerce, and navigation be

shall be entitled to privileges and measures Party and of such third country. tween the United States of America and

4. Each Party reserves the right to exclude

of enforcement appertaining to awards renthe Kingdom of Denmark, together with a or expel aliens, and to refuse transit to dered locally. It is understood, however,

that awards rendered outside the United protocol relating thereto, signed at Copen

articles, on grounds relating to public order, hagen on October 1, 1951, subject to the folmorals, health and safety, and to exercise

States of America shall be entitled in any reasonable surveillance over the movement

court in any State thereof only to the same lowing reservation, which shall be agreed to and sojourn of aliens within its territories.

measure of recognition as awards rendered by the other high contracting party before

in other States thereof. ratifications are exchanged:

Moreover, paragraph 1 of the present Article “Article VII, paragraph 3, shall not extend shall be subject to the immigration laws of

ARTICLE VII each Party. to professions which, because they involve

1. Property of nationals and companies of the performance of functions in public

ARTICLE III

either Party shall receive the most constant capacity or in the interest of public health 1. Nationals of either Party shall, within protection and security within the territories and safety, are state-licensed and reserved the territories of the other Party, enjoy lib

of the other party. by statute or constitution exclusively to citi-. erty of conscience and shall be permitted 2. With respect to the provisions of the zens of the country, and no most-favored- freely to hold religious ceremonies under the preceding paragraph, nationals and comnation clause in the said treaty shall apply protection of the law.

panies. of either Party shall be accorded, to such professions."

2. They shall also be permitted to collect within the territories of the other Party, naand transmit informational material for dis- tional treatment and shall in any case enjoy

semination to the public abroad and to com- treatment no less favorable than that ac(Ex. J (82d Cong., 2d sess.))

municate with other persons located either corded to the nationals and companies of the TREATY OF FRIENDSHIP, COMMERCE AND NAVI

within or outside the territory of the other most-favored nation, GATION BETWEEN THE UNITED STATES OF

Party, by mail, telegraph or any other means 3. Property of nationals and companies of AMERICA AND THE KINGDOM OF GREECE open to general public use.

either Party shall not be taken within the The United States of America and the

3. The provisions of the present Article territories of the other Party except for pubKingdom of Greece, desirous of strengthen- shall be subject to the right of either Party lic benefit, nor shall it be taken without the ing the bonds of peace and friendship tradi- to apply measures that are necessary to main- prompt payment of just compensation. tionally existing between them and of pro- tain public order and to protect the public Such compensation shall be in an effectively moting their economic development and the health, morals and safety.

realizable form and shall represent the full general welfare of their peoples, and being

equivalent of the property taken; and ade

ARTICLE IV cognizant of the contributions which may

quate provision shall have been made at or be made toward these ends by arrangements

1. Nationals of either Party within the terwhich facilitate and encourage, on bases ritories of the other Party shall be free from

prior to the time of taking for the determi

nation and payment thereof. It is undermutually advantageous, the flow of invest

unlawful molestations of every kind, and ment capital and of technology and the furshall receive the most constant protection

stood that withdrawal of such compensation

shall be in accordance with applicable laws the development of productive enterprise

and security. and commercial intercourse, have resolved to

2. If, within the territories of either Party,

and regulations consistent with the provi

sions of Article XV of the present Treaty. conclude a Treaty of Friendship, Commerce a national of the other party is accused of

The provisions of the present paragraph shall and Navigation, based in general upon the crime and is taken into custody, he shall:

extend to interests held directly or indiprinciples of national and of unconditional (a) receive reasonable and humane treat

rectly by nationals and companies of either most-favored-nation treatment reciprocally

ment; (b) be formally and immediately inaccorded, and for that purpose have apformed of the accusations against him; (c)

Party in property which is taken within the

territories of the other party. pointed as their Plenipotentiaries,

be brought to trial as promptly as is conThe President of the United States of sistent with the proper preparation of his

4. In all matters relating to the taking of America: defense; and (d) enjoy all means reasonably

privately owned enterprises inte public

ownership or the placing of such enterprises The Honorable John E. Peurifoy, Ambasnecessary to his defense, including the serv

under public control, in conformity with apsador Extraordinary and Plenipotentiary of ices of competent counsel.

plicable laws, nationals and companies of the United States of America to Greece,

ARTICLE V

either Party shall enjoy national treatment and

The dwellings, offices, warehouses, factories within the territories of the other party and His Majesty the King of the Hellenes: and other premises of nationals and compa

in any case treatment no less favorable than His Excellency Sophocles Venizelos, Prime nies of either Party located within the terri- that accorded to the nationals and companies Minister and Minister of Foreign Affairs, tories of the other Party shall not be sub- of most-favored nations. The same treatwho having communicated to each other ject to unlawful entry or molestation. Offi- ment shall likewise be accorded to entertheir full powers found in good and due form, cial searches and examinations of their con- prises in which nationals or companies of have agreed upon the following articles: tents, when necessary, shall be conducted either Party have a substantial interest. ARTICLE I with due regard to the convenience of the

ARTICLE VIII Each Party shall at all times accord equita- occupants and the conduct of their business.

Neither Party shall take unreasonable or ble treatment to the persons, property, en

ARTICLE VI

discriminatory measures that would impair terprises and other interests of nationals and 1. Nationals and companies of either Party the legally acquired rights or interests within companies of the other Party.

shall be accorded national treatment and its territories of nationals and companies of the other party in the enterprises which they or other person on whom such support had their respective territories. Accordingly, have established or in the capital, skills, arts depended.

each Party agrees, upon the request of the or technology which they have supplied; nor

ARTICLE XII

other Party, to consult with respect to any shall either Party unreasonably impede na- 1. Nationals and companies of Greece shall such business practices and to take such tionals and companies of the other Party be accorded within the territories of the

measures as it may deem appropriate with from obtaining on equitable terms the capi- United States of America, and reciprocally a view to eliminating such harmful effects. tal, skills, arts and technology needed for nationals and companies of the United States

2. The Parties recognize that conditions of economic development.

of America shall be accorded within the ter- competitive equality should be maintained in ARTICLE IX ritories of Greece, national treatment and situations in which publicly owned or con

trolled commercial, manufacturing or proc1. Nationals and companies of either Party most-favored-nation treatment with respect shall be accorded, within the territories of to engaging in commercial, manufacturing, essing enterprises of either Party engage in the other Party, national treatment with reprocessing, financial, construction, publish

competition, within the territories thereof,

with privately owned and controlled enterspect to acquiring by purchase or otherwise

ing, scientific, philanthropic and professional

activities, except the practice of law, denand with respect to owning, leasing, occupy

prises of nationals and companies of the tistry and pharmacy.

other Party. Accordingly, such private ening and using land, buildings and other im

2. Nationals and companies of either

terprises shall, in such situations, be entitled movable property appropriate to the conduct of commercial, manufacturing, process

Party shall further be accorded, within the to the benefit of any special advantages of

territories of the other Party, most-favored- an economic nature accorded such public ing, financial, construction, publishing, sciennation treatment with respect to:

enterprises, whether in the nature of subtific, educational, philanthropic and professional activities, and for residential and

(a). exploring for and exploiting mineral sidies, tax exemptions or otherwise. The

foregoing rule shall not apply, however, to mortuary purposes, subject to the following deposits; limitations:

(b) engaging in religious activity and in

special advantages given in connection with: (a) in the case of nationals and companies fields of economic and cultural activity in

(a) manufacturing goods for government of Greece the acquisition by purchase, or addition to those listed in paragraph 1 of the

use, or supplying goods and services to the otherwise, of ownership rights in land, buildpresent Article or in subparagraph (a) of

government for government use; or (b) supings, and other immovable property, within the present paragraph;

plying, at prices substantially below competithe territories of the United States, shall be (c) organizing, participating in and oper

tive prices, the needs of particular popula

tion groups for essential goods and services dependent upon the applicable laws of the ating companies of such other Party. States, Territories and possessions of the 3. Nationals of either Party admitted into

not otherwise practically obtainable by such United States of America within which such the territories of the other Party, for lim

groups. property is located; and ited purposes shall not, however, enjoy rights

3. Each Party undertakes:

(a) that enterprises owned or controlled (b) in the case of nationals and companies to engage in gainful occupations in contraof the United States of America the right to vention of limitations expressly imposed,

by its Government, and that monopolies or acquire by purchase, or otherwise, and the according to internal laws and regulations,

agencies granted exclusive or special priviright to lease, occupy and use land, buildings, as a condition of their admittance.

leges within its territories, shall make their and other immovable property, within the 4. Nationals and companies of either Party

purchases and sales, involving either imports territories of Greece, shall be subject to re

or exports affecting the commerce of the shall be permitted to engage, within the strictions which Greece may consider it territories of the other Party, accountants

other Party, solely in accordance with comnecessary to impose on the right of aliens and other technical experts, executive per

mercial considerations, including price, qualto acquire by purchase, or otherwise, and to sonnel, attorneys, agents and other employ

ity, availability, marketability, transporta

tion and other conditions of purchase or lease, occupy and use such property in ees of their choice among those legally in specific frontier and coastal areas.

sale; and the country and eligible to work. Moreover, 2. Nationals and companies of either Party such nationals and companies shall be per

(b) that the nationals, companies and shall be permitted freely to dispose of prop- mitted to engage, on a temporary basis, ac

commerce of such other Party shall be aferty within the territories of the other Party countants and other technical experts, re

forded adequate opportunity, in accordance with respect to the acquisition of which gardless of nationality and regardless of the

with customary business practice, to comthrough testate or intestate succession their extent to which they may possess the quali

pete for participation in such purchases and

sales. alienage has prevented them from receiving fications required by applicable laws for the national treatment, and they shall be per- exercise of their duties within the territories

4. Each Party shall accord to the nationals, mitted a term of at least five years in which of such other Party, for the particular pur

companies and commerce of the other Party to effect such disposition. pose of making examinations, audits and

fair and equitable treatment, as compared 3. Nationals and companies of either technical investigations for the exclusive

with that accorded to the nationals, comParty shall be accorded within the terri- account of their employers in connection

panies and commerce of any third country, tories of the other Party national treate with the planning and operation of enter

with respect to: ment with respect to disposing of property prises controlled by the latter or in which

(a) the governmental purchase of supplies; of all kinds.

they have a financial interest within such (b) the awarding of concessions and other ARTICLE X territories.

government contracts; and Nationals and companies of either Party

ARTICLE XIII

(c) the sale of any service sold by the shall be accorded, within the territories of 1. Nationals and companies of either Party

Government or by any monopoly or agency

granted exclusive or special privileges. the other Party, national treatment and shall be accorded within the territories of most-favored-nation treatment with respect the other party the right to associate and to

5. No enterprise of cither Party which is to obtaining and maintaining patents of in- organize companies under the same condi- publicly owned or controlled shall, if it envention, and with respect to rights in trade- tions as nationals and companies of such

gages in commercial, manufacturing, procmarks, trade names, trade labels, and indus- other Party for the purpose of engaging

essing, shipping or other business activities trial property of all kinds. in commercial, manufacturing, processing,

within the territories of the other Party, ARTICLE XI

claim or enjoy, either for itself or for its financial, construction, mining, publishing, 1. Nationals of Greece shall be accorded scientific, educational and philanthropic ac

property, immunity therein from taxation, within the territories of the United States tivities, and to control and manage enter

suit, execution of judgment or other liability of America, and reciprocally nationals of the

to which privately owned and controlled enprises which they have been permitted to United -tates of America shall be accorded establish or acquire within such territories

terprises are subject therein. within the territories of Greece, national for the foregoing and other purposes. Either

ARTICLE XV treatment in the application of laws and Party, however, may prescribe special for

1. Nationals and companies of either Party malities in connection with the formulation regulations that establish a pecuniary com

shall be accorded by the other Party national pensation, or other benefit or service, on acof alien-controlled companies under its laws.

treatment and most-favored-nation treatcount of disease, injury or death arising out

2. Companies controlled by nationals and

ment with respect to payments, remittances of and in the course of employment, or due companies of either Party and constituted

and transfers of funds or financial instruto the nature of employment. under the applicable laws and regulations

ments between the territories of the two 2. In addition to the rights and privileges

within the territories of the other Party for Parties as well as between the territories of provided in paragraph 1 of the present Arengaging in the activities listed in paragraph

such other Party and of any third country. ticle, nationals of Greece shall be accorded 1 of the present Article, shall be accorded

2. Neither Party shall impose exchange rewithin the territories of the United States of national treatment with respect to such

strictions as defined in paragraph 5 of the America, and reciprocally nationals of the activities.

present Article, except to the extent necesUnited States of America shall be accorded

ARTICLE XIV

sary to prevent its monetary reserves from within the territories of Greece, national 1. The two Parties agree that business falling to a very low level or to effect a modtreatment in the application of laws and practices which restrain competition, limit erate increase in very low monetary reserves. regulations establishing systems of compul- access of like enterprises to international It is understood that the provisions of the sory insurance, under which benefits are markets or foster monopolistic control, and present Article do not alter the obligations paid without an individual test of financial which are engaged in by one or more private either Party may have to the International need: (a) against loss of wages or earnings or public commercial enterprises or are made Monetary Fund or preclude imposition of due to old age, unemployment, sickness, or effective by combination, agreement or other particular restrictions whenever the Fund disability, or (b) against loss of financial arrangement among such enterprises, may specifically authorizes or requests a Party to support due to the death of father, husband have harmful effects upon commerce between impose such particular restrictions.

3. If either Party imposes exchange restric- the basis of reciprocity, if such advantages tice shall be considered as full compliance tions in accordance with paragraph 2 above, are similarly extended to nationals, residents with this rule. This rule, moreover, shall it shall, after making whatever provision may and companies of the other Party; (b) ac- not apply in the case of regulations imposed be necessary to assure the availability of for- cord to nationals, residents and companies of on sanitary grounds or for reasons of public eign exchange for goods and services essen- a third country special advantages by virtue safety. In the case of quantitative regulatial to the health of its people and necessary of an agreement with such country for the tions, articles imported after the date of pubto the avoidance of serious economic insta- avoidance of double taxation or the mutual lication may be charged to any quota fixed bility, make reasonable provision for the protection of revenue; and (c) accord to its by such regulations or, if necessary, to the withdrawal, in foreign exchange in the cur- own nationals and to residents of contiguous quota fixed for one or more subsequent rency of the other Party, of: (a) the com- countries more favorable exemptions of a periods. pensation referred to in Article VII, para- personal nature with respect to income taxes 2. Each Party shall provide a judicial or graph 3, of the present Treaty; (b) earnings, and inheritance taxes than are accorded to administrative procedure under which nawhether in the form of salaries, interest, div- other nonresident persons.

tionals and companies of the other Party, idends, commissions, royalties, payments for

ARTICLE XVII

and importers of products. of such other technical services, or otherwise; and (c)

either

1. Nationals and companies of amounts for amortization of loans, deprecia

Party, shall be able to present information

and arguments and to obtain prompt and tion of direct investments, and capital trans- Party shall be accorded national treatment

impartial review and correction of adminisfers to the extent feasible, giving consideraand most-favored-nation treatment by the

trative action relating to customs matters, tion to special needs for other transactions. other Party with respect to all matters re

including the imposition of fines and penalIf more than one rate of exchange is in force, lating to importation and exportation.

ties, confiscations, and rulings on questions the rate applicable to such withdrawals shall

2. Each Party shall accord most-favored

of customs classification and valuation by be a rate which is specifically approved by the nation treatment to products of the other

the administrative authorities. Penalties International Monetary Fund for such transParty, from whatever place and by whatever

imposed for infractions of the customs and actions or, in the absence of a rate so aptype of carrier arriving, and to articles des

shipping laws and regulations shall be merely proved, an effective rate which, inclusive of tined for exportation to the territories of

nominal in cases resulting from clerical any taxes or surcharges on exchange transsuch other Party, by whatever route and by

errors or when good faith can be demonfers, is just and reasonable. whatever type of carrier, in all matters re

strated. It is understood that the provisions 4. Exchange restrictions shall not be im- lating to customs duties and other charges,

for imposition of merely nominal penalties posed by either Party in a manner unnecesand with respect to all other regulations,

do not extend to smuggling offenses. sarily detrimental or arbitrarily discrimina- requirements and formalities imposed on or

ARTICLE XIX tory to the claims, investments, transport, in connection with imports and exports. trade, and other interests of the nationals

3. Neither Party shall impose any pro- 1. Products of either Party shall be acand companies of the other Party, nor to the hibition or restriction on the importation

corded, within the territories of the other competitive position thereof. of any product of the other Party, or on the

Party, national treatment and most-favored5. The term "exchange restrictions” as exportation of any article to the territories

nation treatment in all matters affecting used in the present Article includes all reof the other Party, that:

internal taxation, sale, distribution, storage strictions, regulations, charges, taxes, or

(a) if imposed on sanitary or other cus

and use. other requirements imposed by either Party tomary grounds of a non-commercial nature

2. Articles produced by nationals and comwhich burden or interfere with payments, or in the interest of preventing deceptive or

panies of either Party within the territories remittances, or transfers of funds or of finanunfair practices, arbitrarily discriminates in

of the other party, or by companies of the cial instruments between the territories of favor of the importation of the like product

latter Party controlled by such nationals' the two Parties. of, or the exportation of the like article to,

and companies, shall be accorded therein 6. Each Party shall afford the other party any third country;

treatment no less favorable than that acadequate opportunity for consultation at any

(b) if imposed on other grounds, does not

corded to like articles of national origin by time regarding application of the present apply equally to the importation of the like

whatever person or company produced, in all Article. product of, or the exportation of the like

matters affecting exportation, taxation, sale, ARTICLE XVI article to, any third country;

distribution, storage and use. 1. Nationals of either Party residing with(c) if a quantitative regulation involving

ARTICLE XX allotment to any third country with respect in the territories of the other Party, and na

to an article in which such other Party has Commercial travelers representing nationtionals and companies of either Party en

an important interest, fails to afford to the gaged in trade or other gainful pursuit or in

als and companies of either Party engaged in scientific, educational, religious or philan

commerce of such other Party a share pro- business within the territories thereof shall, thropic activities within the territories of the

portionate to the amount, by quantity or upon their entry into and departure from other Party, shall not be subject to the pay

the territories of the other party and during value, supplied by or to such other Party ment of taxes, fees or charges imposed upon

during a previous representative period, re- their sojourn therein, be accorded mostor applied to income, capital, transactions,

favored-nation treatment in respect of the garding which opportunity for discussion will activities or any other object, or to require

be afforded such other Party, due considera- customs and other matters, including, subments, with respect to the levy and collec

tion being given to any special factors affect- ject to the exceptions in paragraph 4 of Artition thereof, within the territories of such ing the trade in the article.

cle XVI of the present Treaty, taxes and

4. The provisions of the present Article charges applicable to them, their samples and other Party, more burdensome than those borne by nationals and companies of such

shall not apply to advantages accorded by the taking of orders. other Party. either Party:

ARTICLE XXI 2. Nationals and companies of either (a) to products of its national fisheries;

1. Between the territories of the two ParParty shall in no case be subject, within the

(b) to adjacent countries in order to fa

ties there shall be freedom of commerce and territories of the other Party, to the paycilitate frontier traffic; or

navigation. ment of taxes, fees or charges imposed upon

(c) by virtue of a customs union of which

2. Vessels under the flag of either Party, or applied to income, capital, transactions, either Party may become a member. If

and carrying the papers required by its law activities or any other object, or to requireeither Party decides to enter into a customs

in proof of nationality, shall be deemed to ments with respect to the levy and collection union, it shall keep the other party informed

be vessels of that Party both on the high thereof, more burdensome than those borne of its plans and shall afford such other Party

seas and within the ports, places and waters by nationals, residents and companies of adequate opportunity for an exchange of

of the other Party. any third country. views thereon.

3. So long as both parties follow systems 3. In the case of companies of either

ARTICLE XVIII

of tonnage measurement which are substanParty engaged in trade or other gainful pur- 1. Each Party shall promptly publish laws, tially similar, tonnage certificates issued by suit within the territories of the other Party, regulations and administrative rulings of either Party, shall be accepted by the other and in the case of nationals of either Party general application pertaining to rates of

Party, and vessels shall not be subject to engaged in trade or other gainful pursuit duty, taxes or other charges, to the classifica

new measurement in the ports of such Party. within the territories of the other Party but tion of articles for customs purposes and

4. Vessels of either Party shall have liberty, not resident therein, such other Party shall to requirements or restrictions on imports

on equal terms with vessels of the other not impose or apply any tax, fee or charge and exports or the transfer of payments

Party and on equal terms with vessels of upon any capital, income or other basis in

therefor, or affecting their sale, distribution excess of that reasonably allocable or ap

any third country, to come with their cargoes or use. Such laws, regulations and rulings portionable to its territories. Tax exemp

to all ports, places and waters of such other shall be administered in a uniform, impartial tions and deductions shall likewise be al- and reasonable manner. As a general prac

Party open to foreign commerce and navigalowed according to an equitable apportion- tice, new administrative regulations affecting

tion. Such vessels and cargoes shall in all ment. Comparable rules shall apply also in imports shall not apply to articles en route

respects be accorded national treatment and the case of companies organized and oper- at the time of publication of such regula

most-favored-nation treatment within the ated exclusively for scientific, educational, tions; however, if either Party customarily ports, places and waters of such other party. religious, or philanthropic purposes.

exempts from such administrative regula- 5. Vessels of either Party shall be accorded 4. Each Party, however, reserves the right tions articles entered for consumption or by the other Party national treatment and to: (a) extend specific advantages as to withdrawn from warehouse for consumption shall enjoy most-favored-nation treatment taxes, fees and charges to nationals, resi- during a period of 30 days after the date of with respect to the right to carry any articles, dents and companies of third countries on publication of such regulations, such prac- capable of being carried by sea, to or from the territories of such other party. Such arti- owner or of the master of the vessel or of to deny authorization to banking enterprises, cles shall be accorded treatment no less another agent of the owner, or in the pres- not owned or controlled by its nationals, to favorable than that accorded to like articles ence and at the request of any one of them, initiate hereafter a fiduciary or depository carried in vessels of such other Party with to extend to nationals of their country such business, except with regard to deposits inrespect to: (a) duties and charges of all assistance as may be necessary. If a vessel cidental to their foreign or international kinds; (b) customs administration; and (c) of either Party is wrecked within a port, or business. bounties, drawbacks and other privileges of constitutes a navigational hazard within the 3. The most-favored-nation provisions of this nature.

territorial waters of the other Party, the au- the present Treaty relating to the treatment 6. Each Party may reserye exclusive rights thorities of such other Party may order of goods shall not apply to advantages acand privileges to its own vessels with respect measures to be taken which they consider corded by the United States of America or to coasting trade, inland navigation, national necessary with a view to preventing damage its Territories and possessions to one another, fisheries and operating maritime services in that might otherwise be caused by such to the Republic of Cuba, to the Republic of ports, havens and seaboards, including tow. wrecked vessel to port facilities or to other the Philippines, to the Trust Territory of the age, pilotage, salvage and rescue services. vessels.

Pacific Islands, to the Panama Canal Zone, the term "coasting trade" as used in the 4. In all ports of Greece the masters of all or to Puerto Rico regardless of any change present Article shall be deemed to include all ships under United States flag, and recipro- that may take place in its political status. types of sea transport to and from ports of cally in all ports of the United States of 4. The provisions of the present Treaty the same Party in respect of articles which, America the masters of all ships under Greek relating to the treatment of goods shall not regardless of their initial origin and ultimate flag, whose crews shall have ceased to be fully preclude action by either Party which is redestination, are transshipped directly or in- constituted on account of illness or for any quired or specifically permitted by the Gendirectly at ports of either Party for carrying other cause, shall be permitted to engage eral Agreement on Tariffs and Trade during to another port of the same Party on the such seamen as may be necessary for the such time as the Party taking such action is basis of a through bill of lading, or con- continuation of the voyage.

a contracting party to the General Agreeversely articles loaded at ports of either 5. Consular officers, wherever such officers ment. Similarly, the most-favored-nation Party for carrying to another port of the of either Party are available within the ter

provisions of the present Treaty shall not same Party for the purpose of being trans- ritories of the other party, shall at their re- apply to the special advantages accorded by shipped directly or indirectly to a foreign quest be accorded by the local authorities virtue of the aforesaid General Agreement. destination on the basis of a through bill of such assistance as they may need for carry- 5. Without prejudice to the obligations of lading. The same principles shall apply also ing out, in accordance with the applicable lo- either Party under any other international to travelers holding through tickets.

cal laws and regulations, their duties with re- agreement, the most-favored-nation provi

spect to the maintenance of discipline and ARTICLE XXII

sions of the present Treaty relating to the order aboard vessels. Disputes among mem1. Vessels of either Party that are in dis- bers of the crews of vessels of either Party

treatment of goods shall not prevent either

party from applying measures which may be tress shall be permitted to take refuge in relating to their employment contracts shall, the nearest port or haven of the other Party, except as the competent judicial authorities

deemed necessary for the utilization of reand shall receive friendly treatment and as

serves of non-convertible exchange for the may assume jurisdiction, be decided by Con- purpose of effecting imports. sistance. Vessels of either Party forced to

sular officers of the country whose flag the 6. The present Treaty does not accord any take refuge, because of bad weather or damvessel flies.

rights to engage in political activities. age, in a port of the other Party, shall be

6. Nationals of either Party who are sea- 7. The provisiors of Article XIV, paragraph permitted to undergo repairs, obtain supplies

men may be sent to ports of the other Party 4, subparagraphs (b) and (c), and of Article and leave again, without being charged any to join national vessels, in care of Consular XXI, paragraph 5 of the present Treaty, fees and dues other than those normally officers, either individually or in groups on shall not apply to postal services. paid in like circumstances by vessels of that

the basis of seamen's papers used in lieu of Party. However, in the event the master of

ARTICLE XXIV passports. Likewise nationals of either Party the vessel should find it necessary to sell a shall be permitted to travel through the ter

1. The term “national treatment" means portion of the vessel's cargo for the purpose ritory of the other Party on their way to Join

treatment accorded within the territories of defraying expenses, he shall be required to vessels or to be repatriated on the basis of

of a Party upon terms no less favorable than comply with the regulations and the import seamen's papers used in lieu of passports.

the treatment accorded therein, in like situatariff of the place of refuge.

tions, to nationals, companies, products, ves

ARTICLE XXIII 2. In the event a vessel of either Party

sels or other objects, as the case may be, of should run aground or be wrecked in the

1. The present Treaty shall not preclude of such Party. The term does not imply territorial waters of the other Party, such the application of measures:

immunity from the laws and regulations vessel, as well as all parts and equipment (a) regulating the importation or exporta- of a Party which apply in a non-discrimithereof, and any goods and articles salvaged tion of gold or silver;

natory manner to nationals, companies, or rescued, including jetsam, or the proceeds (b) relating to fissionable materials, to products, vessels, or other objects, as the case from the sale thereof, and also all ship's radioactive byproducts of the utilization or

may be, of both parties. documents recovered from the vessel so processing thereof, or to materials that are 2. The term "most-favored-nation treatwrecked or stranded, shall be delivered, on the source of fissionable materials;

ment” means treatment accorded within the request, to the owners of the vessel, or the (C) regulating the production of or traffic

territories of a Party upon terms no less owners of the cargo and other articles, or

in arms, ammunition and implements of war, favorable than the treatment accorded their agents. In the absence of such owners or traffic in other materials carried on di- therein, in like situations, to nationals, comor agents on the spot, the vessel, cargo and rectly or indirectly for the purpose of supply

panies, products, vessels or other objects, as other articles, if the property of a national ing a military establishment;

the case may be, of any third country. of the Party whose flag the vessel flies, shall (d) necessary to fulfill the obligations of 3. As used in the present Treaty, the term be delivered to a Consular officer of such a Party for the maintenance or restoration "companies" means corporations, partnerParty within whose district the vessel was of international peace and e-curity, or neces- ships, companies and other associations, wrecked or stranded, provided such docu- sary to protect its essential security in- whether or not with limited liability and ments shall be claimed by the aforesaid offi- terests;

whether or not for pecuniary profit. Comcers within the period of time provided by (e) relating to the export of articles whose panies constituted under the applicable laws the laws and regulations of that Party. Such value arises primarily from their nature as and regulations within the territories of Consular oficers, owners or agents shall pay works of art or antiques or from their rela- either Party shall be deemed companies only the expenses incurred in saving the tionship to the nation's history and which thereof and shall have their juridical status vessel and its cargo, including salvage or as a matter of general rule are not consid- recognized within the territories of the other other fees, which a national vessel would ered as items of trade; and

Party. have paid in like circumstances of loss or (f) denying the advantages of the present 4. National treatment accorded under the stranding. Goods salvaged shall be subject Treaty to any company, even though it may provisions of the present Treaty to comto the payment of no customs duties unless

have the nationality of the other Party, as panies of the Kingdom of Greece shall, in any such goods be declared for consumption long as ownership or direction of the com- State, Territory or possession of the United within the territories of the other Party; but pany is controlled by nationals or companies States of America, be the treatment accorded goods not entered for consumption may be of a third country. However, the provisions therein to companies created or organized in subject to measures for the protection of of the present Treaty relating to the juridical other States, Territories and possessions of the revenue in relation to such goods, pend- status of foreign companies and their ap- the United States of America. ing their exit from the country within the pearance in court, are exempted from the 5. The term "access" as used in Article VI, time limits provided by applicable laws and limiting provisions of the present subpara- paragraph 1 of the present Treaty, shall regulations. The application of the present graph.

comprehend, among other things, legal aid paragraph shall be subject to the lawful

2. Without prejudice to the principle of and freedom of nationals of either Party rights and claims of a salvor.

national treatment as it relates to existing from liability to provide both security for 3. If, due to bad weather, vessels of either enterprises or enterprises which a Party may costs and security for judgment, on the same Party should take refuge in a port or haven permit to be established hereafter, the pro- terms and under the same conditions as are of the other Party, or should be wrecked or visions of Article XII, paragraph 1, and Ar- applicable in the case of nationals of the stranded, the appropriate Consular officers ticle XIII, paragraph 1 of the present Treaty, other Party and of nationals of any third shall be permitted, in the absence of the shall be subject to the right of either Party country.

6. The term "mineral" as used in Article The Royal Ministry would appreciate a Have designated for this purpose as their XII, paragraph 2 (a) of the present Treaty, confirmation of the concurrence of the respective Plenipotentiaries: shall refer to petroleum as well as to other United States Government in this view. The President of the United States of mineral substances.

The Royal Hellenic Ministry of Foreign America: 7. The term "products of” as used in the Affairs avails itself of this opportunity to re- Dean Acheson, Secretary of State of the present Treaty means "articles the growth new to the Embassy of the United States of United States of America, and produce or manufacture of”.

America the assurance of its highest con- The President of the Republic of Finland: 8. The term “vessels” as used in the present sideration.

Johan A. Nykopp, Envoy Extraordinary and Treaty, means all types of vessels, whether ATHENS, the 3d August 1951.

Minister Plenipotentiary of the Republic of privately owned or operated, or publicly

Finland to the United States of America, owned or operated; but this term does not, THE FOREIGN SERVICE OF THE UNITED STATES

Who, having communicated to each other except with reference to paragraph 2 of

OF AMERICA

their full powers found to be in due form, Article XXI and paragraph 1 of Article XXII, No. 234

have agreed as follows:
include fishing vessels or vessels of war.
To the ROYAL MINISTRY OF FOREIGN AFFAIRS,

ARTICLE I
ARTICLE XXV
Athens.

Article IV of the Treaty of February 13,
Except as may be otherwise provided, the The Embassy of the United States of
America presents its compliments to the graph thereof and substituting therefor the

1934, is amended by deleting the second paraterritories to which the present Treaty extends shall comprise all areas of land and Royal Hellenic Ministry of Foreign Affairs

following paragraph: water under the sovereignty or authority of

and has the honor to refer to the Ministry's either of the Parties, other than the Panama note No. 8450 of August 3, 1951, concerning Party shall be accorded within the territories

Nationals of either High Contracting Canal Zone, and other than the Trust Terri- the Treaty of Friendship, Commerce and tory of the Pacific Islands, except to the exNavigation between the United States of

of the other High Contracting Party treattent that the President of the United States America and the Kingdom of Greece, signed

ment no less favorable than that now or

hereafter accorded to nationals of such other of America shall by proclamation extend proat Athens on that day, which note read as

High Contracting Party with respect to acvisions of the Treaty to such Trust Territory.

follows: The provisions of this Article shall not ap

quiring movable property of all kinds, both "The Royal Hellenic Ministry of Foreign

tangible and intangible, by testate or intesply to territories under the authority of Affairs presents its compliments to the

tate succession. Should they because of either Party solely as a military base or by United States Embassy and referring to the

their alienage be ineligible to own or posreason of temporary military occupation.

Treaty of Friendship, Commerce and Naviga-
tion signed in Athens today between the

sess any such property, they shall be allowed
ARTICLE XXVI
United States of America and the Kingdom

a reasonable period in which to dispose of 1. Each Party shall accord sympathetic of Greece, has the honour to state that it is

their interest therein in a normal manner consideration to, and shall afford adequate the understanding of the Greek Government

at its market value; but in the case of ships opportunity for consultation with the other that Article XV of the Treaty in question is

and shares therein a specially limited period Party regarding any matter affecting the not concerned with the resumption of pay

may be prescribed by law. They shall be operation of the present Treaty. ment on Greek foreign debts but, in accord

protected in the legal equities of every kind

which they may have or acquire in movable 2. Any dispute between the Parties as to ance with the provisions of that Article, the interpretation or application of the pres- provides for as free transfer of funds be

property and shall be entitled to the benefit ent Treaty, not satisfactorily adjusted by tween the two countries as may be feasible.

of appropriate legal processes in order to

realize the monetary value thereof. diplomacy, shall be submitted to the Inter- "The Royal Ministry would appreciate a national Court of Justice, unless the Parties confirmation of the concurrence of the

ARTICLE I agree to settlement by some other amicable United States Government in this view. This Protocol shall be ratified and the means.

"The Royal Hellenic Ministry of Foreign instruments of ratification shall be exchanged ARTICLE XXVII

Affairs avails itself of this opportunity to re- at Helsinki as soon as possible. The present Treaty shall replace the Treaty new to the Embassy of the United States of

ARTICLE III of establishment signed at Athens Novem America the assurance of its highest consideration.

This Protocol shall enter into force on ber 21, 1936.

"ATHENS, the 3d August 1951."

the day of the exchange of instruments of ARTICLE XXVIII On behalf of the Government of the

ratification. It shall continue in force in 1. The present Treaty shall be ratified, and United States of America, the Embassy con

accordance with Article XXXII of the Treaty the ratifications thereof shall be exchanged firms its concurrence with the contents of

of February 13, 1934 as though this Protocol at Athens as soon as possible. the above note.

were an integral part of that Treaty. 2. The present Treaty shall enter into force The Embassy avails itself of this oppor

In witness whereof the respective Plenione month after the day of exchange of rati- tunity to renew to the Royal Hellenic Min. potentiaries have signed this Protocol and fications. It shall remain in force for ten istry of Foreign Affairs the assurances of

have afixed their seals thereto. years and shall continue in force thereafter its highest esteem.

Done at Washington in duplicate, in the until terminated as provided herein.

ATHENS, December 26, 1951.

English and Finnish languages, both authen3. Either Party may, by giving one year's

tic, this fourth day of December, 1952. written notice to the other Party, terminate

For the United States of America: RESOLUTION OF RATIFICATION AND RESERVATION the present Treaty at the end of the initial

DEAN ACHESON (SEAL) ten-year period or at any time thereafter. Resolved (two-thirds of the Senators pres- For the Republic of Finland: In witness whereof the respective Plenient concurring therein), That the Senate

JOHAN NYKOPP (SEAL) potentiaries have signed the present Treaty

advise and consent to the ratification of and have affixed hereunto their seals.

Executive J, 82d Congress, 2d session, a treaty Done in duplicate, in the English and Greek of friendship, commerce, and navigation be

RESOLUTION OF RATIFICATION tween the United States of America and languages, both equally authentic, at Athens,

Resolved (two-thirds of the Senators presthis third day of August, one thousand nine

the Kingdom of Greece, signed at Athens, ent concurring therein), That the Senate hundred fifty-one.

August 3, 1951, subject to the following res- advise and consent to the ratification of JOHN E. PEURIFOY

ervation, which shall be agreed to by the Executive C, 83d Congress, 1st session, a S. VENIZELOS

other high contracting party before rati- protocol, signed at Washington on Decemfications are exchanged:

ber 4, 1952, modifying the treaty of friend“Article XII, paragraph 1, shall not extend ship, commerce, and consular rights between NOTE VERBALE

to professions which, because they involve the United States and Finland, signed at No. 8450

the performance of functions in a public Washington on February 13, 1934. EMBASSY OF THE UNITED STATES

capacity or in the interest of public health OF AMERICA,

and safety, are state-licensed and reserved En Ville by statute or constitution exclusively to citi

(Ex. O (83d Cong., 1st sess.)) The Royal Hellenic Ministry of Foreign zens of the country, and no most-favored- TREATY OF FRIENDSHIP, COMMERCE, AND NAVIAffairs presents its compliments to the nation clause in the said treaty shall apply

GATION BETWEEN THE UNITED STATES OF United States Embassy and referring to the to such professions.”

AMERICA AND JAPAN Treaty of Friendship, Commerce and Navi

The United States of America and Japan, gation signed in Athens today between the

desirous of strengthening the bonds of peace

(Ex. C (83d Cong., 1st sess.).) United States of America and the Kingdom

and friendship traditionally existing beof Greece, has the honour to state that it is

PROTOCOL

tween them and of encouraging closer ecothe understanding of the Greek Government The United States of America and the nomic and cultural relations between their that Article XV of the Treaty in question is Republic of Finland, desiring to conclude peoples, and being cognizant of the contribunot concerned with the resumption of pay- a Protocol modifying the Treaty of Friend- tions which may be made toward these ends ment on Greek foreign debts but, in accord- ship, Commerce and Consular Rights be- by arrangements promoting mutually advanance with the provisions of that Article, pro- tween the United States of America and tageous commercial intercourse, encouraging vides for as free transfer of funds between the Republic of Finland, signed at Wash- mutually beneficial investments, and estabthe two countries as may be feasible. ington on February 13, 1934,

lishing mutual rights and privileges, have

« PreviousContinue »